HEALTH & SAFETY CODE
CHAPTER 12. POWERS AND DUTIES OF TEXAS DEPARTMENT OF HEALTH
SUBCHAPTER A. POWERS AND DUTIES OF BOARD
§ 12.0001. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
AND HUMAN SERVICES. The commissioner of health and human services
has the powers and duties relating to the board and commissioner as
provided by Section 531.0055, Government Code. To the extent a
power or duty given to the board or commissioner by this title or
another law conflicts with Section 531.0055, Government Code,
Section 531.0055 controls.
Added by Acts 1999, 76th Leg., ch. 1460, § 2.18, eff. Sept. 1,
1999.
§ 12.001. GENERAL POWERS AND DUTIES. (a) The board has
general supervision and control over all matters relating to the
health of the citizens of this state.
(b) The board shall:
(1) adopt rules for its procedure and for the
performance of each duty imposed by law on the board, the
department, or the commissioner and file a copy of those rules with
the department; and
(2) examine, investigate, enter, and inspect any
public place or public building as the board determines necessary
for the discovery and suppression of disease and the enforcement of
any health or sanitation law of this state.
(c) The board has all the powers, duties, and functions
granted by law to:
(1) the Texas Board of Health;
(2) the state commissioner of health;
(3) the Texas Department of Health;
(4) the Texas Board of Health Resources; and
(5) the Texas Department of Health Resources.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 12.002. BOARD INVESTIGATIONS. (a) A member of the
board may administer oaths, summon witnesses, and compel the
attendance of witnesses in any matter proper for board
investigation, including the determination of nuisances and the
investigation of:
(1) public water supplies;
(2) sanitary conditions;
(3) the existence of infection; or
(4) any matter that requires the board to exercise its
discretionary powers and that is within the general scope of its
authority under this subchapter.
(b) Each district court shall aid the board in its
investigations and in compelling compliance with this subchapter.
If a witness summoned by the board is disobedient or disrespectful
to the board's lawful authority, the district court of the county in
which the witness is summoned to appear shall punish the witness in
the manner provided for contempt of court.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 12.003. LEGAL REPRESENTATION. (a) A suit brought by
the board must be brought in the name of the state.
(b) The attorney general shall assign a special assistant to
attend to the board's legal matters, and on the board's request
shall furnish necessary assistance to the board relating to its
legal requirements.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 12.004. DEVELOPMENT OF PROPOSED RULES. (a) This
section applies to the process by which the department develops
proposed rules for the board's consideration before the proposed
rules are published in the Texas Register and before the board,
commissioner, or department complies with the rulemaking
requirements of the administrative procedure law, Chapter 2001,
Government Code. This section does not affect the duty of the
board, commissioner, or department to comply with the rulemaking
requirements of that law.
(b) The board shall require the department to establish a
checklist of methods that, to the extent appropriate, the
department will follow to obtain early in the rule development
process the advice and opinions of the public and of persons who
will be most affected by a proposed rule. The checklist must
include methods for identifying persons who will be most affected
and for soliciting at a minimum the advice and opinions of affected
local health departments, of recipients and providers of affected
services, and of advocates for affected recipients or providers.
(c) The checklist may include negotiated rulemaking,
informal conferences, advisory committees, and any other
appropriate method.
(d) A rule adopted by the board may not be challenged on the
grounds that the board, commissioner, or department did not comply
with this section. If the department was unable to solicit a
significant amount of advice and opinion from the public or from
affected persons early in the rule development process, the
department shall state in writing to the board the reasons why the
department was unable to do so.
Added by Acts 1999, 76th Leg., ch. 1411, § 1.08, eff. Sept. 1,
1999.
§ 12.005. MEDICAL DIRECTOR: MEDICAID MANAGED CARE AND
CHIPS PROGRAMS. (a) In addition to any other medical director
employed by the department, the board shall require the department
to employ a separate medical director whose duties consist of
acting as the medical director for the children's health insurance
program created under Title XXI of the Social Security Act (42
U.S.C. Section 1397aa et seq.) and also as the medical director for
the Medicaid managed care program, to the extent that those
programs are administered by the department.
(b) The medical director shall be primarily responsible for
implementing and maintaining policies and systems for the programs
that relate to clinical and professional medical issues, including
clinical oversight.
(c) The medical director must be a physician licensed to
practice medicine in this state.
Added by Acts 1999, 76th Leg., ch. 1411, § 1.08, eff. Sept. 1,
1999.
SUBCHAPTER B. POWERS AND DUTIES OF DEPARTMENT
§ 12.011. APPROPRIATIONS, GRANTS, AND
DONATIONS. (a) To carry out its duties and functions, the
department may apply for, contract for, receive, and spend an
appropriation or grant from the state, the federal government, or
any other public source, subject to any limitation or condition
prescribed by legislative appropriation.
(b) The department may accept donations and contributions
to be spent in the interest of public health and the enforcement of
public health laws.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 12.0111. LICENSING FEES. (a) This section applies
in relation to each licensing program administered by the
department or administered by a regulatory board or other agency
that is under the jurisdiction of the department or
administratively attached to the department. In this section and
Section 12.0112, "license" includes a permit, certificate, or
registration.
(b) Notwithstanding other law, the department shall charge
a fee for issuing or renewing a license that is in an amount
designed to allow the department to recover from its license
holders all of the department's direct and indirect costs in
administering and enforcing the applicable licensing program.
(c) Notwithstanding other law, each regulatory board or
other agency that is under the jurisdiction of the department or
administratively attached to the department and that issues
licenses shall charge a fee for issuing or renewing a license that
is in an amount designed to allow the department and the regulatory
board or agency to recover from the license holders all of the
direct and indirect costs to the department and to the regulatory
board or agency in administering and enforcing the applicable
licensing program.
(d) This section does not apply to a person regulated under
Chapter 773.
Added by Acts 2003, 78th Leg., ch. 198, § 2.42(a), eff. Sept. 1,
2003.
§ 12.0112. TERM OF LICENSE. (a) Notwithstanding other
law and except as provided by Subsection (b), the term of each
license issued by the department, or by a regulatory board or other
agency that is under the jurisdiction of the department or
administratively attached to the department, is two years. The
department, regulatory board, or agency may provide for staggering
the issuance and renewal of licenses.
(b) This section does not apply to a license issued for a
youth camp under Chapter 141.
Added by Acts 2003, 78th Leg., ch. 198, § 2.42(a), eff. Sept. 1,
2003.
§ 12.0115. INTEGRATION OF HEALTH CARE DELIVERY
PROGRAMS. (a) In this section, "health care delivery programs"
includes the department's primary health care services program, its
program to improve maternal and infant health, its services for
chronically ill and disabled children, any aspects of health care
delivery under the state Medicaid program assigned to the
department by law or by the Health and Human Services Commission,
and the part of any other department program concerned with the
department's responsibility for the delivery of health care
services.
(b) The department shall integrate the functions of its
different health care delivery programs to the maximum extent
possible, including integrating the functions of health care
delivery programs that are part of the state Medicaid program with
functions of health care delivery programs that are not part of the
state Medicaid program.
(c) At a minimum, the department's integration of the
functions of its different health care delivery programs must
include the integration within and across the programs of:
(1) the development of health care policy;
(2) the delivery of health care services, to the
extent appropriate for the recipients of the health care services;
and
(3) to the extent possible, the administration of
contracts with providers of health care services, particularly
providers who concurrently provide health care services under more
than one contract or program with the department.
(d) One of the primary goals of the department in
integrating the delivery of health care services for the benefit of
recipients shall be providing for continuity of care for
individuals and families, accomplished to the extent possible by
providing an individual or family with a medical home that serves as
the primary initial health care provider.
(e) One of the primary goals of the department in
integrating the administration of its contracts with providers of
health care services shall be designing an integrated contract
administration system that reduces the administrative and
paperwork burden on providers while still providing the department
with the information it needs to effectively administer the
contracts. The department's integration of contract
administration must include:
(1) the integration of the initial procurement process
within and across programs, at least in part by efficiently
combining requests for bids or proposals within or across programs
to the extent it reduces the administrative burden for providers;
(2) the establishment of uniform contract terms,
including:
(A) contract terms that require information from
providers, or that prescribe performance standards for providers,
that could be made uniform within or across programs while
remaining effective as contract terms;
(B) the establishment of a procedure under which
a contractor or a person responding to a request for bids or
proposals may supply the department with requested information
whenever possible by referencing current and correct information
previously supplied to and on file with the department; and
(C) contract terms regarding incentives for
contractors to meet or exceed contract requirements;
(3) the integration of contract monitoring,
particularly with regard to monitoring providers that deliver
health services for the department under more than one contract or
under more than one department program; and
(4) the integration of reimbursement methods:
(A) particularly for a provider that delivers
health services for the department under more than one contract or
under more than one department program; and
(B) including the application across programs of
the most effective and efficient reimbursement technologies or
methods that are available to the department under any of its
programs.
(f) The department shall examine the extent to which the
department could integrate all or part of its health care delivery
programs into a single delivery system.
(g) If a federal requirement that the federal government may
waive restricts the department's integration efforts under this
section, the department may seek a waiver of the requirement from
the federal government. If the waiver affects a program for which
another state agency is designated the single state agency for
federal purposes, the department shall request the single state
agency to seek the waiver.
(h) The department may not integrate health care delivery
programs under this section in a way that affects the single state
agency status of another state agency for federal purposes without
obtaining the approval of the Health and Human Services Commission
and any necessary federal approval.
Added by Acts 1999, 76th Leg., ch. 1411, § 1.09, eff. Sept. 1,
1999.
§ 12.012. AWARDING CONTRACTS OR GRANTS AND SELECTING
SERVICE PROVIDERS. (a) In awarding contracts or grants for
services, or in selecting service providers under any program
administered by the department, the department shall give
preference to providers who can deliver appropriate services of
similar quality in the most cost-effective manner.
(b) In awarding the contracts or grants or selecting the
providers, the department may not discriminate among licensed
health care providers who can provide the services under the
authority of their licenses.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 12.0121. CONTRACTING FOR PROFESSIONAL
SERVICES. (a) In this section, "professional services" means
those services performed by an individual who is licensed,
certified, registered, or otherwise authorized by the state and who
acts within the scope of the individual's license, certification,
registration, or other authorization in the practice of a health or
allied health profession.
(b) The board by rule shall adopt a list of categories of
licensed, certified, registered, or otherwise authorized providers
to whom the department may award a grant for professional services
under this section or with whom the department may contract or
otherwise engage to perform professional services under this
section.
(c) The department may award a grant, enter into a contract,
or otherwise engage an individual or a group or association of
individuals to perform professional services selected on the basis
of competitive proposals submitted for the grant, contract, or
services to be performed. The department may also make the
selection on the basis of:
(1) demonstrated competence and qualifications for
the type of professional services to be performed; and
(2) whether the fees for the professional services to
be performed are fair, reasonable, and consistent with and not
higher than the usual and customary fees for the services to be
performed and do not exceed any maximum provided by state law.
(d) The department may award a grant, enter into a contract,
or otherwise engage an individual or a group or association of
individuals to perform professional services without complying
with Subsection (c) if the commissioner by order ratified by the
board at its next regular meeting determines that an emergency
exists that necessitates the use of different procedures. A grant,
contract, or engagement under this subsection is effective only for
the period specified by the commissioner's order.
Added by Acts 1991, 72nd Leg., ch. 284, § 1, eff. Sept. 1, 1991.
§ 12.0122. SALE OF LABORATORY SERVICES. (a) The
department may enter into a contract for the sale and provision of
laboratory services in accordance with this section.
(b) The department may enter into a contract with:
(1) a federal, state, or local governmental entity;
or
(2) a freestanding public health clinic owned or
controlled by a nonprofit organization.
(c) For purposes of Subsection (b)(1), a contract with a
federal governmental entity does not include a contract relating to
Medicare managed care services.
(d) The department by rule may establish charges for the
sale of laboratory services.
(e) The department may enter into a contract with a party in
or outside of this state.
(f) In this section, "laboratory services" means the
activities performed by the laboratory established by the
department. The term includes the provision of supplies and test
materials and the performance of scientific procedures to analyze
or assess specimens from any source, but does not include tissue and
cytology specimens, except for pap smears for recipients under
federally funded programs or genetic testing.
Added by Acts 1997, 75th Leg., ch. 647, § 1, eff. June 11, 1997.
Renumbered from § 12.020 by Acts 1999, 76th Leg., ch. 62, §
19.01(62), eff. Sept. 1, 1999.
§ 12.0123. EXTERNAL AUDITS OF CERTAIN MEDICAID
CONTRACTORS BASED ON RISK.
Text of section as added by Acts 1999, 76th Leg., ch. 1411, §
1.10
(a) In this section, "Medicaid contractor" means an entity
that:
(1) is not a health and human services agency as
defined by Section 531.001, Government Code; and
(2) under a contract with or otherwise on behalf of the
department, performs one or more administrative services in
relation to the department's operation of a part of the state
Medicaid program, such as claims processing, utilization review,
client enrollment, provider enrollment, quality monitoring, or
payment of claims.
(b) The department shall contract with an independent
auditor to perform independent external financial and performance
audits of any Medicaid contractor used by the department in the
department's operation of a part of the state Medicaid program. The
department regularly shall review its Medicaid contracts and ensure
that:
(1) the frequency and extent of audits of a Medicaid
contractor under this section are based on the amount of risk to the
state involved in the administrative services being performed by
the contractor;
(2) audit procedures related to financial audits and
performance audits are used consistently in audits under this
section; and
(3) to the extent possible, audits under this section
are completed in a timely manner.
(c) If another state agency succeeds to the department's
operation of a part of the state Medicaid program for which the
department used a Medicaid contractor, the successor agency shall
comply with this section with regard to the Medicaid contractor,
including the requirement to contract with an independent auditor
to perform the external financial and performance audits required
by this section.
Added by Acts 1999, 76th Leg., ch. 1411, § 1.10, eff. Sept. 1,
1999.
For text of section as added by Acts 1999, 76th Leg., ch. 1447, §
1, eff. June 19, 1999, and by Acts 1999, 76th Leg., ch. 1460, §
9.01, eff. Sept. 1, 1999, see § 12.0123, post.
§ 12.0123. EXTERNAL AUDITS OF CERTAIN MEDICAID
CONTRACTORS.
Text of section as added by Acts 1999, 76th Leg., ch. 1447, § 1
and by Acts 1999, 76th Leg., ch. 1460, § 9.01
(a) In this section, "Medicaid contractor" means an entity
that:
(1) is not a health and human services agency as
defined by Section 531.001, Government Code; and
(2) under contract with or otherwise on behalf of the
department, performs one or more administrative services in
relation to the department's operation of a part of the state
Medicaid program, such as claims processing, utilization review,
client enrollment, provider enrollment, quality monitoring, or
payment of claims.
(b) The department shall contract with an independent
auditor to perform annual independent external financial and
performance audits of any Medicaid contractor used by the
department in the department's operation of a part of the state
Medicaid program.
(c) The department shall ensure that audit procedures
related to financial audits and performance audits are used
consistently in audits under this section.
(d) An audit required by this section must be completed
before the end of the fiscal year immediately following the fiscal
year for which the audit is performed.
Added by Acts 1999, 76th Leg., ch. 1447, § 1, eff. June 19, 1999;
Acts 1999, 76th Leg., ch. 1460, § 9.01, eff. Sept. 1, 1999.
For text of section as added by Acts 1999, 76th Leg., ch. 1411, §
1.10, eff. Sept. 1, 1999, see § 12.0123, ante.
§ 12.0124. ELECTRONIC TRANSACTIONS; STATE MEDICAID
PROGRAM. The department or the department's successor in function
in relation to the department's operation of a part of the state
Medicaid program shall implement policies that encourage the use of
electronic transactions. The policies shall require payment to
Medicaid service providers by electronic funds transfer, including
electronic remittance and status reports. The policies shall also
include the establishment of incentives to submit claims
electronically and of disincentives to submit claims on paper that
are reasonably based on the higher administrative costs to process
claims submitted on paper.
Added by Acts 1999, 76th Leg., ch. 1411, § 1.10, eff. Sept. 1,
1999.
§ 12.0125. DRUG REBATES. (a) The department shall
develop a voluntary drug manufacturer rebate program for drugs
purchased by or on behalf of a client of the Kidney Health Care
Program or the Chronically Ill and Disabled Children's Services
Program for which rebates are not available under the Medicaid drug
manufacturer rebate program.
(b) The department shall consult with drug manufacturers to
develop rebate amounts for the new voluntary rebate program. The
average percentage savings from rebates in the new program may not
be less than the average percentage savings from rebates in the
Medicaid drug manufacturer rebate program.
(c) Amounts received by the department under the drug rebate
program established under this section may be appropriated only for
the Kidney Health Care Program or the Chronically Ill and Disabled
Children's Services Program.
Added by Acts 1999, 76th Leg., ch. 669, § 2, eff. June 18, 1999.
§ 12.0127. IMMIGRATION VISA WAIVERS FOR
PHYSICIANS. (a) The department, in accordance with 8 U.S.C.
Section 1182(e), as amended, under exceptions provided by 8 U.S.C.
Section 1184(l), as amended, may request waiver of the foreign
country residence requirement for a qualified alien physician who
agrees to practice medicine in a medically underserved area or
health professional shortage area, as designated by the United
States Department of Health and Human Services, that has a current
shortage of physicians.
(b) The department may charge a fee to cover the costs
incurred by the department in administering the visa waiver program
established under this section.
Added by Acts 2003, 78th Leg., ch. 143, § 1, eff. Sept. 1, 2003.
§ 12.013. DRIVING AND TRAFFIC POLICIES. (a) The
department shall continuously study and investigate the medical
aspects of:
(1) the licensing of drivers;
(2) the enforcement of traffic safety laws, including
differentiation between drivers who are ill or intoxicated; and
(3) accident investigation, including examination for
alcohol or drugs in the bodies of persons killed in traffic
accidents.
(b) Based on the studies and investigations, the department
periodically shall recommend to the Department of Public Safety
appropriate policies, standards, and procedures relating to those
medical aspects.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 12.014. REGISTRY. (a) The department may establish
a registry or system of registries for providers of health-related
services who are not otherwise licensed, registered, or certified
by any state agency, board, or commission.
(b) The board by rule may adopt reasonable registration fees
to cover the costs of establishing and maintaining a registry and
may adopt other rules as necessary to administer this section.
(c) A person seeking to register with the department must
submit a request for registration on a form prescribed by the
department.
Added by Acts 1991, 72nd Leg., ch. 14, § 5, eff. Sept. 1, 1991.
§ 12.0145. INFORMATION ABOUT ENFORCEMENT
ACTIONS. (a) The department shall publish and provide
information in accordance with this section regarding each final
enforcement action taken by the department, commissioner, or board
against a person or facility regulated by the department in which
any kind of sanction is imposed, including:
(1) the imposition of a reprimand, a period of
probation, a monetary penalty, or a condition on a person's
continued practice or a facility's continued operation; and
(2) the refusal to renew or the suspension, probation,
or revocation of a license or other form of permission to engage in
an activity.
(b) Except to the extent that the information is
specifically made confidential under other law, the department
shall publish and provide the name, including any trade name, of the
person or facility against which an enforcement action was taken,
the violation that the person or facility was found to have
committed, and the sanction imposed. The department shall publish
and provide the information in a way that does not serve to identify
a complainant.
(c) The department shall publish the information on its
generally accessible Internet site. The department also shall
provide the information by establishing a system under which
members of the public can call toll-free numbers to obtain the
information efficiently and with a minimum of delay. The
department shall appropriately publicize the toll-free numbers.
(d) The department shall publish and provide the
information promptly after the sanction has been imposed or, when
applicable, promptly after the period during which the sanction is
imposed has begun. The department by rule shall establish the
length of time during which the required information will be
published and provided under this section based on the department's
determination regarding the types of services provided by regulated
entities and the length of time for which information about a
category of enforcement actions is useful to a member of the public.
(e) The department shall publish and provide the
information using clear language that can be readily understood by
a person with a high school education.
(f) If another law specifically requires that particular
information subject to this section shall be published in another
manner, the department shall comply with this section and with the
other law.
(g) A determination that the department is not required to
publish and provide information under this section does not affect
a determination regarding whether the information is subject to
required disclosure under the open records law, Chapter 552,
Government Code. The department's determination regarding the
length of the period during which information should continue to be
published and provided under this section does not affect a
determination regarding the period for which the information must
be preserved under Chapter 441, Government Code, or under another
law.
Added by Acts 1999, 76th Leg., ch. 1411, § 1.11, eff. Sept. 1,
1999.
§ 12.0146. TRENDS IN ENFORCEMENT. The department shall
publish annually an analysis of its enforcement actions taken under
state law with regard to each profession, industry, or type of
facility regulated by the department. The analysis for each
regulatory area must show at a minimum the year-to-year trends in
the number and types of enforcement actions taken by the department
in its regulation of the profession, industry, or type of facility.
Added by Acts 1999, 76th Leg., ch. 1411, § 1.11, eff. Sept. 1,
1999.
§ 12.015. INFORMATION ON COMMUNITY SERVICES. (a) If
the department determines that a person is not eligible for a level
of care in a nursing home, the department shall inform the person
that community services might be available under the community care
for the aged and disabled program administered by the Texas
Department of Human Services.
(b) The department shall provide to the person a list of
services available under the program and a telephone number to call
for more information on the services.
Added by Acts 1991, 72nd Leg., ch. 14, § 6, eff. Sept. 1, 1991.
§ 12.016. PUBLIC HEARING PROCEDURES. (a) Any
statements, correspondence, or other form of oral or written
communication made by a member of the legislature to a department
official or employee during a public hearing conducted by the
department shall become part of the record of the hearing,
regardless of whether the member is a party to the hearing.
(b) When a public hearing conducted by the department is
required by law to be conducted at a certain location, the
department shall determine the place within that location at which
the hearing will be conducted. In making that determination, the
department shall consider the cost of available facilities and the
adequacy of a facility to accommodate the type of hearing and
anticipated attendance.
(c) The department shall conduct at least one session of a
public hearing after normal business hours on request by a party to
the hearing or any person who desires to attend the hearing.
(d) An applicant for a license, permit, registration, or
similar form of permission required by law to be obtained from the
department may not amend the application after the 31st day before
the date on which a public hearing on the application is scheduled
to begin. If an amendment of an application would be necessary
within that period, the applicant shall resubmit the application to
the department and must again comply with notice requirements and
any other requirements of law or board rule as though the
application were originally submitted to the department on that
date.
(e) If an application for a license, permit, registration,
or similar form of permission required by law is pending before the
department at the time when changes take effect concerning notice
requirements imposed by law for that type of application, the
applicant must comply with the new notice requirements.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, § 9.01, eff.
Sept. 1, 1991.
§ 12.017. MANAGED CARE ORGANIZATIONS: MEDICAID
PROGRAM. (a) Except as provided by Section 533.047, the
department shall develop for managed care organizations that serve
Medicaid clients performance, operation, quality of care,
marketing, and financial standards and standards relating to
children's access to good quality health care services. In
developing the standards, the department shall include measures to
monitor and assess the performance of managed care organizations
relating to the health status and outcome of care for Medicaid
clients.
(b) In establishing standards under this section, the
department shall ensure that:
(1) to the extent possible, each Medicaid client can
receive good quality health care services in the client's local
community;
(2) plans serving children have adequate capacity to
provide pediatric care; and
(3) plans provide timely access and appropriate
referrals for specialty care.
Added by Acts 1995, 74th Leg., ch. 574, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, § 31.01(59), eff. Sept.
1, 1997.
§ 12.018. UNANNOUNCED INSPECTIONS. The department may
make any inspection of a facility or program under the department's
jurisdiction without announcing the inspection.
Added by Acts 1995, 74th Leg., ch. 531, § 1, eff. Aug. 28, 1995.
Renumbered from V.T.C.A., Health and Safety Code § 12.017 by
Acts 1997, 75th Leg., ch. 165, § 31.01(50), eff. Sept. 1, 1997.
§ 12.019. GENETIC COUNSELING FEES. (a) The department
may charge for providing genetic counseling services. The fee may
not exceed the actual cost of providing the services.
(b) The department shall use the fees for providing genetic
counseling services.
Added by Acts 1995, 74th Leg., ch. 76, § 8.116, eff. Sept. 1,
1995. Renumbered from V.T.C.A., Health and Safety Code § 12.017
by Acts 1997, 75th Leg., ch. 165, § 31.01(51), eff. Sept. 1,
1997.
§ 12.020. PROTECTION AND USE OF INTELLECTUAL
PROPERTY. (a) The department may:
(1) apply for, register, secure, hold, and protect
under the laws of the United States, any state, or any nation:
(A) a patent for an invention or discovery of, or
improvement to, any process, machine, manufacture, or composition
of matter;
(B) a copyright for an original work of
authorship fixed in any tangible medium of expression now known or
later developed that can be perceived, reproduced, or otherwise
communicated;
(C) a trademark, service mark, collective mark,
or certification mark for a word, name, symbol, device, or slogan,
or any combination of those items, that has been adopted and used by
the department to identify goods or services and distinguish those
goods or services from other goods or services; or
(D) other evidence of protection or exclusivity
issued in or for intellectual property;
(2) enter into a contract with an individual or
company for the sale, lease, marketing, or other distribution of
intellectual property of the department;
(3) obtain under a contract entered into under
Subdivision (2) a royalty, license right, or other appropriate
means of securing appropriate compensation for the development or
purchase of intellectual property of the department; and
(4) waive or reduce the amount of a fee, royalty, or
other thing of monetary or nonmonetary value to be assessed by the
department if the department determines that the waiver will:
(A) further the goals and missions of the
department; and
(B) result in a net benefit to the state.
(b) Intellectual property for which the department has
applied for or received a patent, copyright, trademark, or other
evidence of protection or exclusivity is excepted from required
disclosure under Chapter 552, Government Code.
(c) Money paid to the department under this section shall be
deposited to the credit of the general revenue fund except as
otherwise provided in Section 2054.115, Government Code.
(d) It is not a violation of Chapter 572, Government Code,
or another law of this state for an employee of the department who
conceives, creates, discovers, invents, or develops intellectual
property to own or to be awarded any amount of equity interest or
participation in the research, development, licensing, or
exploitation of that intellectual property with the approval of the
commissioner.
(e) The commissioner shall institute intellectual property
policies for the department that establish minimum standards for:
(1) the public disclosure or availability of products,
technology, and scientific information, including inventions,
discoveries, trade secrets, and computer software;
(2) review by the department of products, technology,
and scientific information, including consideration of ownership
and appropriate legal protection;
(3) the licensing of products, technology, and
scientific information;
(4) the identification of ownership and licensing
responsibilities for each class of intellectual property; and
(5) royalty participation by inventors and the
department.
Added by Acts 1997, 75th Leg., ch. 143, § 1, eff. May 19, 1997.
SUBCHAPTER C. POWERS AND DUTIES OF COMMISSIONER
§ 12.021. ADMINISTRATION AND ENFORCEMENT DUTIES. The
commissioner shall administer and enforce the health laws of this
state under the board's supervision.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
SUBCHAPTER D. FEES FOR PUBLIC HEALTH SERVICES
§ 12.031. DEFINITION. In this subchapter, "public
health services" means:
(1) personal health promotion, maintenance, and
treatment services;
(2) infectious disease control and prevention
services;
(3) environmental and consumer health protection
services;
(4) laboratory services;
(5) health facility architectural plan review;
(6) public health planning, information, and
statistical services;
(7) public health education and information services;
and
(8) administration services.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 12.032. FEES FOR PUBLIC HEALTH SERVICES. (a) The
board by rule may charge fees to a person who receives public health
services from the department.
(b) The board by rule may require department contractors to
charge fees for public health services provided by department
contractors participating in the department's programs. A
department contractor shall retain a fee collected under this
subsection and shall use the fee in accordance with the contract
provisions.
(c) The amount of a fee charged for a public health service
may not exceed the cost to the department of providing the service.
(d) The board may establish a fee schedule. In establishing
the schedule, the board shall consider a person's ability to pay the
entire amount of a fee.
(e) The board may not deny public health services to a
person because of the person's inability to pay for the services.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 12.033. DISTRIBUTION AND ADMINISTRATION OF CERTAIN
VACCINES AND SERA. (a) Except as otherwise provided by this
section, the board by rule shall charge fees for the distribution
and administration of vaccines and sera provided under:
(1) Section 38.001, Education Code;
(2) Section 42.043, Human Resources Code;
(3) Chapter 826 (Rabies Control Act of 1981);
(4) Chapter 81 (Communicable Disease Prevention and
Control Act); and
(5) Section 161.005.
(b) Except as otherwise provided by this section, the board
by rule may require a department contractor to charge fees for
public health services provided by a contractor participating in a
department program under the laws specified by Subsection (a).
(c) Provided the board finds that the monetary savings of
this subsection are greater than any costs associated with
administering it, the board by rule shall establish a fee schedule
for fees under this section. In establishing the fee schedule, the
board shall consider a person's financial ability to pay all or part
of the fee, including the availability of health insurance
coverage. In the event the fee schedule conflicts with any federal
law or regulation, the board shall seek a waiver from the applicable
federal law or regulation to permit the fee schedule. In the event
the waiver is denied, the fee schedule shall not go into effect.
(d) The commissioner may waive the fee requirement for any
type of vaccine or serum if the commissioner determines that:
(1) a public health emergency exists; and
(2) the vaccine or serum is needed to meet the
emergency.
(e) The department may not deny an immunization to an
individual required to be immunized under a law specified by
Subsection (a) because of the individual's inability to pay for the
immunization. The department shall provide the immunization at a
reduced charge or no charge according to the financial ability of
the individual or a person with a legal obligation to support the
individual to pay for the immunization. The department shall give
priority to those persons least able to pay for immunization.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 43, § 1, eff. Sept. 1, 1993; Acts
1997, 75th Leg., ch. 165, § 6.33, eff. Sept. 1, 1997.
§ 12.034. COLLECTION PROCEDURES. (a) The board shall
establish procedures for the collection of fees for public health
services. The procedures shall be used by the department and by
those department contractors required by the board to charge fees.
(b) The fees may be collected either before the performance
of the services or by billing after the services are performed.
(c) The department shall make a reasonable effort to collect
fees billed after services are performed. However, the board by
rule may waive the collection procedures if the administrative
costs exceed the fees to be collected.
(d) If the board elects to require cash payments by program
participants, the money received shall be deposited locally at the
end of each day and retained by the department for not more than
seven days. At the end of that time, the money shall be deposited in
the state treasury.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 12.035. PUBLIC HEALTH SERVICES FEE FUND. (a) The
department shall deposit all money collected for fees and charges
collected under Sections 12.0122(d) and 12.032(a) in the state
treasury to the credit of the Texas Department of Health public
health services fee fund.
(b) The department shall maintain proper accounting records
to allocate the fund among the state and federal programs
generating the fees and administrative costs incurred in collecting
the fees.
(c) The public health services fee fund is exempt from
Section 403.095(b), Government Code.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1997, 75th Leg., ch. 647, § 2, eff. June 11, 1997; Acts
1999, 76th Leg., ch. 62, § 19.02(11), eff. Sept. 1, 1999.
§ 12.036. SUBROGATION. (a) In furnishing public
health services to a person, the department is subrogated to the
person's right of recovery from:
(1) personal insurance;
(2) another person, for a personal injury caused by
the other person's negligence or wrongdoing; or
(3) any other source.
(b) The department's right of subrogation is limited to the
cost of the services provided.
(c) The board or the board's designee may waive the
department's right of subrogation in whole or in part if the board
or the designee determines that:
(1) enforcement of the right would tend to defeat the
purpose of the department's program; or
(2) the administrative expense of the enforcement
would be greater than the expected recovery.
(d) The board may adopt rules for the enforcement of the
department's right of subrogation.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 12.037. MODIFICATION, SUSPENSION, OR TERMINATION OF
SERVICES. (a) The department may modify, suspend, or terminate
public health services to a person for nonpayment of billed
services after notice to the affected person and an opportunity for
a fair hearing.
(b) The board by rule shall prescribe the criteria for
department action under this section.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 12.038. RULES. The board may adopt rules necessary to
implement this subchapter.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 12.039. CONSTRUCTION OF OTHER LAWS. (a) This
subchapter does not repeal or modify a statute in effect on August
29, 1983, that fixes the amount, directs the disposition, prohibits
the collection, or prescribes the basis for computing any fee or
charge.
(b) This section does not restrict the determination or
recomputing of a fee or charge in accordance with the prescribed
basis for computing the fee or charge.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
SUBCHAPTER E. GRANTS OR CONTRACTS FOR PURCHASES OF PUBLIC HEALTH
SERVICES, EQUIPMENT, OR SUPPLIES
§ 12.051. PROVISION OF FUNDS. The department may
provide funds by grant or contract to a qualified person for the
purchase of services, equipment, or supplies to be used to promote
and maintain the public health.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 12.052. REQUIREMENTS FOR EXPENDITURE OF CERTAIN
FUNDS. (a) The expenditure of funds received by local units of
government from the department is governed by Chapter 783,
Government Code, and the rules adopted under that law, except as
provided by Section 12.055.
(b) The expenditure of funds received by other state
agencies from the department is governed by Subtitle D, Title 10,
Government Code, and the rules adopted under that law, except as
provided by Section 12.055.
(c) The expenditure of funds received by any other qualified
person from the department is governed by the grant or contract
between the person and the department.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1997, 75th Leg., ch. 165, § 17.15, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1045, § 3, eff. Sept. 1, 1997.
§ 12.053. INVENTORY REQUIREMENTS. All equipment and
supplies which are purchased through a program, contract, or grant
with the department by or for qualified entities, including but not
limited to individuals, corporations, local units of government and
other state agencies and that are used to promote and maintain
public health are exempt from the statewide personal property
accounting system administered by the comptroller of public
accounts described in Subchapter L, Chapter 403, Government Code.
The qualified entities shall maintain complete equipment and supply
records. The department may request the return of any usable
equipment or supplies purchased with funds provided by the
department upon the termination of the program, contract, or grant.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 8, § 5.05, eff.
Sept. 1, 1991.
§ 12.054. DISPOSITION OF CERTAIN DEPARTMENT
PROPERTY. (a) This section applies only to property that is
surplus or salvage property under Chapter 2175, Government Code,
and that is:
(1) exempt under Section 12.053 from the statewide
personal property accounting system; or
(2) lawfully in the possession of an emergency medical
services provider or governmental entity as those terms are defined
by Section 773.003.
(b) The department may negotiate directly with an emergency
medical services provider or governmental entity to transfer title
to property covered by this section for which the department
determines that it holds title. The department and the provider or
governmental entity may mutually agree upon the value of the
property and shall take any action incident to the transaction that
is required by federal law.
(c) The department shall initiate necessary procedures
under Chapter 2175, Government Code, to dispose of surplus or
salvage property for which the department does not transfer title
under this section.
Added by Acts 1993, 73rd Leg., ch. 164, § 1, eff. Sept. 1, 1993.
Amended by Acts 1997, 75th Leg., ch. 165, § 17.19(10), eff. Sept.
1, 1997.
§ 12.055. CERTAIN PROCUREMENTS MADE WITH DEPARTMENT
FUNDS. (a) A state agency or local unit of government that
expends funds received from the department for the acquisition of
goods and services may satisfy the requirements of Section 12.052
or of another state law requiring procurements by competitive
bidding or competitive sealed proposals by procuring goods or
services with those funds in accordance with Section 12.056 or in
accordance with:
(1) Section 2155.144, Government Code, if the entity
is a state agency subject to that law;
(2) Section 32.043 or 32.044, Human Resources Code, if
the entity is a public hospital subject to those laws; or
(3) this section, if the entity is not covered by
Subdivision (1) or (2).
(b) A state agency or local unit of government under
Subsection (a)(3) shall acquire goods or services by any
procurement method approved by the Health and Human Services
Commission that provides the best value to the state agency or local
unit of government. The state agency or local unit of government
shall document that the state agency or local unit of government
considered all relevant factors under Subsection (c) in making the
acquisition.
(c) Subject to Subsection (d), the state agency or local
unit of government may consider all relevant factors in determining
the best value, including:
(1) any installation costs;
(2) the delivery terms;
(3) the quality and reliability of the vendor's goods
or services;
(4) the extent to which the goods or services meet the
state agency's or local unit of government's needs;
(5) indicators of probable vendor performance under
the contract such as past vendor performance, the vendor's
financial resources and ability to perform, the vendor's experience
and responsibility, and the vendor's ability to provide reliable
maintenance agreements;
(6) the impact on the ability of the state agency or
local unit of government to comply with laws and rules relating to
historically underutilized businesses or relating to the
procurement of goods and services from persons with disabilities;
(7) the total long-term cost to the state agency or
local unit of government of acquiring the vendor's goods or
services;
(8) the cost of any employee training associated with
the acquisition;
(9) the effect of an acquisition on the state agency's
or local unit of government's productivity;
(10) the acquisition price; and
(11) any other factor relevant to determining the best
value for the state agency or local unit of government in the
context of a particular acquisition.
(d) If a state agency to which this section applies acquires
goods or services with a value that exceeds $100,000, the state
agency shall consult with and receive approval from the Health and
Human Services Commission before considering factors other than
price and meeting specifications.
(e) The state auditor or the department may audit the state
agency's or local unit of government's acquisitions of goods and
services under this section.
(f) The state agency or local unit of government may adopt
rules and procedures for the acquisition of goods and services
under this section.
Added by Acts 1997, 75th Leg., ch. 1045, § 4, eff. Sept. 1, 1997.
§ 12.056. PARTICIPATION IN DEPARTMENT PURCHASING
CONTRACTS OR GROUP PURCHASING PROGRAM. The department may allow a
state agency, local unit of government, or private entity that
expends funds received by the department to purchase goods or
services using those funds by participating in:
(1) a contract the department has made to purchase
goods or services; or
(2) a group purchasing program established or
designated by the department that offers discounts to providers of
health services.
Added by Acts 1997, 75th Leg., ch. 1045, § 4, eff. Sept. 1, 1997.
SUBCHAPTER F. OFFICE OF TEXAS-MEXICO HEALTH AND ENVIRONMENTAL
ISSUES
§ 12.071. OFFICE OF TEXAS-MEXICO HEALTH AND
ENVIRONMENTAL ISSUES. The department shall establish and maintain
an office in the department to coordinate and promote health and
environmental issues between this state and Mexico.
Added by Acts 1991, 72nd Leg., ch. 14, § 7, eff. Sept. 1, 1991.
SUBCHAPTER G. OFFICE OF MINORITY HEALTH
§ 12.081. OFFICE OF MINORITY HEALTH. The department
shall establish and maintain an office of minority health in the
department to:
(1) assume a leadership role in working or contracting
with state and federal agencies, universities, private interest
groups, communities, foundations, and offices of minority health to
develop minority health initiatives, including bilingual
communications; and
(2) maximize use of existing resources without
duplicating existing efforts.
Added by Acts 1993, 73rd Leg., ch. 747, § 17, eff. Sept. 1, 1993.
§ 12.082. POWERS OF OFFICE. The office may:
(1) provide a central information and referral source
and serve as the primary state resource in coordinating, planning,
and advocating access to minority health care services in this
state;
(2) coordinate conferences and other training
opportunities to increase skills among state agencies and
government staff in management and in the appreciation of cultural
diversity;
(3) pursue and administer grant funds for innovative
projects for communities, groups, and individuals;
(4) provide recommendations and training in improving
minority recruitment in state agencies;
(5) publicize minority health issues through the use
of the media;
(6) network with existing minority organizations;
(7) solicit, receive, and spend grants, gifts, and
donations from public and private sources; and
(8) contract with public and private entities in the
performance of its responsibilities.
Added by Acts 1993, 73rd Leg., ch. 747, § 17, eff. Sept. 1, 1993.
§ 12.083. FUNDING. The department may distribute to the
office unobligated and unexpended appropriations to be used to
carry out its powers.
Added by Acts 1993, 73rd Leg., ch. 747, § 17, eff. Sept. 1, 1993.
§ 12.084. REPORT TO LEGISLATURE. Not later than January
1 of each odd-numbered year, the office shall submit a biennial
report to the legislature regarding the activities of the office
and any findings and recommendations relating to minority health
issues.
Added by Acts 1993, 73rd Leg., ch. 747, § 17, eff. Sept. 1, 1993.
SUBCHAPTER H. MEDICAL ADVISORY BOARD
§ 12.091. DEFINITIONS. In this subchapter:
(1) "Medical standards division" means the Medical
Standards on Motor Vehicle Operations Division of the department.
(2) "Panel" means a panel of the medical advisory
board.
Added by Acts 1995, 74th Leg., ch. 165, § 9, eff. Sept. 1, 1995.
§ 12.092. MEDICAL ADVISORY BOARD; BOARD
MEMBERS. (a) The commissioner shall appoint the medical advisory
board members from:
(1) persons licensed to practice medicine in this
state, including physicians who are board certified in internal
medicine, psychiatry, neurology, physical medicine, or
ophthalmology and who are jointly recommended by the Texas
Department of Health and the Texas Medical Association; and
(2) persons licensed to practice optometry in this
state who are jointly recommended by the department and the Texas
Optometric Association.
(b) The medical advisory board shall assist the Department
of Public Safety of the State of Texas in determining whether:
(1) an applicant for a driver's license or a license
holder is capable of safely operating a motor vehicle; or
(2) an applicant for or holder of a license to carry a
concealed handgun under the authority of Subchapter H, Chapter 411,
Government Code, is capable of exercising sound judgment with
respect to the proper use and storage of a handgun.
Added by Acts 1995, 74th Leg., ch. 165, § 9, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1261, § 21, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 62, § 9.23, eff. Sept. 1, 1999.
§ 12.093. ADMINISTRATION; RULES. (a) the medical
advisory board is administratively attached to the medical
standards division.
(b) The medical standards division:
(1) shall provide administrative support for the
medical advisory board and panels of the medical advisory board;
and
(2) may collect and maintain the individual medical
records necessary for use by the medical advisory board and the
panels under this section from a physician, hospital, or other
health care provider.
Added by Acts 1995, 74th Leg., ch. 165, § 9, eff. Sept. 1, 1995.
§ 12.094. RULES RELATING TO MEDICAL ADVISORY BOARD
MEMBERS. (a) The board:
(1) may adopt rules to govern the activities of the
medical advisory board;
(2) by rule may establish a reasonable fee to pay a
member of the medical advisory board for the member's professional
consultation services; and
(3) if appropriate, may authorize per diem and travel
allowances for each meeting a member attends, not to exceed the
amounts authorized for state employees by the General
Appropriations Act.
(b) The fee under Subsection (a)(2) may not be less than $75
or more than $150 for each meeting that the member attends.
Added by Acts 1995, 74th Leg., ch. 165, § 9, eff. Sept. 1, 1995.
§ 12.095. BOARD PANELS; POWERS AND DUTIES. (a) If the
Department of Public Safety of the State of Texas requests an
opinion or recommendation from the medical advisory board as to the
ability of an applicant or license holder to operate a motor vehicle
safely or to exercise sound judgment with respect to the proper use
and storage of a handgun, the commissioner or a person designated by
the commissioner shall convene a panel to consider the case or
question submitted by that department.
(b) To take action as a panel, at least three members of the
medical advisory board must be present.
(c) Each panel member shall prepare an individual
independent written report for the Department of Public Safety of
the State of Texas that states the member's opinion as to the
ability of the applicant or license holder to operate a motor
vehicle safely or to exercise sound judgment with respect to the
proper use and storage of a handgun, as appropriate. In the report
the panel member may also make recommendations relating to that
department's subsequent action.
(d) In its deliberations, a panel may examine any medical
record or report that contains material that may be relevant to the
ability of the applicant or license holder.
(e) The panel may require the applicant or license holder to
undergo a medical or other examination at the applicant's or
holder's expense. A person who conducts an examination under this
subsection may be compelled to testify before the panel and in any
subsequent proceedings under Subchapter N, Chapter 521,
Transportation Code, concerning the person's observations and
findings.
Added by Acts 1995, 74th Leg., ch. 165, § 9, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1261, § 22, eff. Sept. 1,
1997.
§ 12.096. PHYSICIAN REPORT. (a) A physician licensed
to practice medicine in this state may inform the Department of
Public Safety of the State of Texas or the medical advisory board,
orally or in writing, of the name, date of birth, and address of a
patient older than 15 years of age whom the physician has diagnosed
as having a disorder or disability specified in a rule of the
Department of Public Safety of the State of Texas.
(b) The release of information under this section is an
exception to the patient-physician privilege requirements imposed
under Section 159.002, Occupations Code.
Added by Acts 1995, 74th Leg., ch. 165, § 9, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 1420, § 14.768, eff. Sept.
1, 2001.
§ 12.097. CONFIDENTIALITY REQUIREMENTS. (a) All
records, reports, and testimony relating to the medical condition
of an applicant or license holder:
(1) are for the confidential use of the medical
advisory board, a panel, or the Department of Public Safety of the
State of Texas;
(2) are privileged information; and
(3) may not be disclosed to any person or used as
evidence in a trial except as provided by Subsection (b).
(b) In a subsequent proceeding under Subchapter N, Chapter
521, Transportation Code, the medical standards division may
provide a copy of the report of the medical advisory board or panel
and a medical record or report relating to an applicant or license
holder to:
(1) the Department of Public Safety of the State of
Texas;
(2) the applicant or license holder; and
(3) the officer who presides at the hearing.
Added by Acts 1995, 74th Leg., ch. 165, § 9, eff. Sept. 1, 1995.
§ 12.098. LIABILITY. A member of the medical advisory
board, a member of a panel, a person who makes an examination for or
on the recommendation of the medical advisory board, or a physician
who reports to the medical advisory board or a panel under Section
12.096 is not liable for a professional opinion, recommendation, or
report made under this subchapter.
Added by Acts 1995, 74th Leg., ch. 165, § 9, eff. Sept. 1, 1995.
SUBCHAPTER I. TEXAS VOLUNTEER HEALTH CORPS
§ 12.111. TEXAS VOLUNTEER HEALTH CORPS. (a) The
department shall establish the Texas Volunteer Health Corps to
enhance community-based public health services.
(b) The Texas Volunteer Health Corps shall connect
volunteers with residents of local communities to involve those
residents in preventive health care, expand the role of those
residents in making decisions about their own health, and build
community support for public health.
Added by Acts 1995, 74th Leg., ch. 768, § 1, eff. Aug. 28, 1995.
Renumbered from V.T.C.A., Health and Safety Code § 12.091 by
Acts 1997, 75th Leg., ch. 165, § 31.01(52), eff. Sept. 1, 1997.
§ 12.112. COORDINATORS. (a) The department may employ
coordinators to recruit, train, and refer volunteers for service in
local communities.
(b) A coordinator employed under this section may apply for
grants from any public or private source for purposes of this
subchapter.
Added by Acts 1995, 74th Leg., ch. 768, § 1, eff. Aug. 28, 1995.
Renumbered from V.T.C.A., Health and Safety Code § 12.092 by
Acts 1997, 75th Leg., ch. 165, § 31.01(52), eff. Sept. 1, 1997.
§ 12.113. VOLUNTEERS. (a) Volunteers recruited under
this subchapter may include students in high school or an
institution of higher education, senior citizens, participants in
the AFDC job opportunities and basic skills (JOBS) training
program, VISTA and AmeriCorps volunteers, and volunteers from
business and community networks.
(b) To build healthy local communities, Texas Volunteer
Health Corps volunteers may promote health, expand clients'
capacity for self-help, make clinic appointments, arrange
transportation, and identify community resources and provide links
to those resources.
Added by Acts 1995, 74th Leg., ch. 768, § 1, eff. Aug. 28, 1995.
Renumbered from V.T.C.A., Health and Safety Code § 12.093 by
Acts 1997, 75th Leg., ch. 165, § 31.01(52), eff. Sept. 1, 1997.
§ 12.114. VITAL HEALTH CARE ISSUES. (a) The
department may identify vital health care issues, including the use
of tobacco and alcohol, end-of-life needs, health and safety issues
on the Texas/Mexico border, family issues, oral health, violence,
immunizations, homelessness, responsible adult and teen pregnancy,
substance abuse, health promotion and education, and disease
prevention.
(b) The Texas Volunteer Health Corps may address a vital
health care issue if a local community identifies the issue as a
priority.
Added by Acts 1995, 74th Leg., ch. 768, § 1, eff. Aug. 28, 1995.
Renumbered from V.T.C.A., Health and Safety Code § 12.094 by
Acts 1997, 75th Leg., ch. 165, § 31.01(52), eff. Sept. 1, 1997.
§ 12.115. MENTORS. The department shall encourage
health care professionals to volunteer as mentors in the Texas
Volunteer Health Corps.
Added by Acts 1995, 74th Leg., ch. 768, § 1, eff. Aug. 28, 1995.
Renumbered from V.T.C.A., Health and Safety Code § 12.095 by
Acts 1997, 75th Leg., ch. 165, § 31.01(52), eff. Sept. 1, 1997.
§ 12.116. INFORMATION. The department may provide
public health information materials as needed by the Texas
Volunteer Health Corps.
Added by Acts 1995, 74th Leg., ch. 768, § 1, eff. Aug. 28, 1995.
Renumbered from V.T.C.A., Health and Safety Code § 12.096 by
Acts 1997, 75th Leg., ch. 165, § 31.01(52), eff. Sept. 1, 1997.
SUBCHAPTER J. TOBACCO SETTLEMENT PROCEEDS
§ 12.131. DEFINITIONS. In this subchapter:
(1) "Account" has the meaning assigned by Section
403.1041, Government Code.
(2) "Advisory committee" means the tobacco settlement
permanent trust account administration advisory committee.
(3) "Agreement" has the meaning assigned by Section
403.1041, Government Code.
(4) "Political subdivision" has the meaning assigned
by Section 403.1041, Government Code.
Added by Acts 1999, 76th Leg., ch. 753, § 2.01, eff. Aug. 30,
1999.
§ 12.132. CERTIFICATION TO COMPTROLLER. The department
shall collect information relating to the unreimbursed health care
expenditures of each political subdivision and, based on that
information and using the formula established in Paragraph 5.B. of
the agreement, shall certify to the comptroller the percentage of
each annual distribution to be paid from the account to each
political subdivision.
Added by Acts 1999, 76th Leg., ch. 753, § 2.01, eff. Aug. 30,
1999.
§ 12.133. COLLECTION OF INFORMATION. (a) Each
political subdivision shall submit to the department, in the manner
and at the time required by the department, information that
relates to the political subdivision's unreimbursed health care
expenditures and is required by the department to make the
certification under Section 12.132.
(b) Subject to the approval of the advisory committee, the
board shall adopt rules governing the collection of information
under Subsection (a). The rules may provide for regular audits of
randomly selected political subdivisions and may govern the manner
in which a political subdivision is selected for an audit and the
selection of an auditor.
Added by Acts 1999, 76th Leg., ch. 753, § 2.01, eff. Aug. 30,
1999.
§ 12.134. DISPUTES RELATING TO INFORMATION
COLLECTED. (a) Subject to the approval of the advisory
committee, the board shall adopt rules under which a political
subdivision or agency of this state may dispute information
submitted by a political subdivision under Section 12.133.
(b) The rules may provide for:
(1) an audit of the political subdivision that
submitted the disputed information;
(2) payment of the costs of the audit by the party to
the dispute who does not prevail in the dispute;
(3) a deadline for filing a dispute for a particular
year; and
(4) a reasonable monetary penalty to be applied to a
subsequent annual distribution made to a political subdivision that
is found to have overstated unreimbursed health care expenditures
in the information submitted under Section 12.133.
(c) The monetary penalty applied under Subsection (b)(4)
may not exceed 10 percent of the amount of the overstatement of
unreimbursed health care costs.
(d) A dispute under this section is a contested case for
purposes of Chapter 2001, Government Code.
Added by Acts 1999, 76th Leg., ch. 753, § 2.01, eff. Aug. 30,
1999.
§ 12.135. EFFECT OF DISPUTE. A dispute filed under
department rules adopted under Section 12.134 does not affect the
percentage of the annual distribution of the earnings from the
account to be paid to the political subdivision for the year for
which the information that is the subject of the dispute was
submitted.
Added by Acts 1999, 76th Leg., ch. 753, § 2.01, eff. Aug. 30,
1999.
§ 12.136. ADJUSTMENT FOLLOWING AUDIT. (a) If the
board finds, after an audit conducted under Section 12.133 or
12.134, that a political subdivision has overstated unreimbursed
health care expenditures in the information submitted under Section
12.133 for any year, the department shall report that fact to the
comptroller and shall reduce that political subdivision's
percentage of the subsequent annual distribution of the earnings
from the account appropriately.
(b) If a monetary penalty is applied under Section 12.134,
the department shall also reduce the political subdivision's
percentage of the subsequent annual distribution of the earnings
from the account appropriately.
(c) If a political subdivision is assessed the cost of an
audit under Section 12.134, the department shall report the amount
assessed to the comptroller, and the comptroller may withhold that
amount from the political subdivision's subsequent annual
distribution. The comptroller may use the amount withheld to
reimburse the general revenue fund for the cost of the audit.
Added by Acts 1999, 76th Leg., ch. 753, § 2.01, eff. Aug. 30,
1999.
§ 12.137. TOBACCO SETTLEMENT PERMANENT TRUST ACCOUNT
ADMINISTRATION ADVISORY COMMITTEE. (a) The tobacco settlement
permanent trust account administration advisory committee shall
advise the board on the implementation of the department's duties
under this subchapter.
(b) The advisory committee is composed of 11 members
appointed by the advisory committee as follows:
(1) one member nominated by the board to represent a
public hospital or hospital district located in a county with a
population of 50,000 or less or a public hospital owned or
maintained by a municipality;
(2) one member nominated by the political subdivision
that, in the year preceding the appointment, received the largest
annual distribution paid from the account;
(3) one member nominated by the political subdivision
that, in the year preceding the appointment, received the second
largest annual distribution paid from the account;
(4) four members nominated by political subdivisions
that:
(A) in the year preceding the appointment,
received the 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, or 12th
largest annual distribution paid from the account; and
(B) do not have a nominee serving on the advisory
committee at the time of appointment;
(5) one member nominated by the County Judges and
Commissioners Association of Texas;
(6) one member nominated by the North and East Texas
County Judges and Commissioners Association;
(7) one member nominated by the South Texas County
Judges and Commissioners Association; and
(8) one member nominated by the West Texas County
Judges and Commissioners Association.
(c) A commissioners court that sets the tax rate for a
hospital district must approve any person nominated by the hospital
district to serve on the advisory committee.
(d) The advisory committee shall elect the officers of the
committee from among the members of the committee.
(e) The advisory committee may act only on the affirmative
votes of eight members of the committee.
(f) Members of the advisory committee serve staggered
six-year terms expiring on August 31 of each odd-numbered year.
(g) Appointments to the advisory committee shall be made
without regard to the race, color, disability, sex, religion, age,
or national origin of the appointees.
(h) A member of the advisory committee may not receive
compensation from the trust fund or the state for service on the
advisory committee and may not be reimbursed from the trust fund or
the state for travel expenses incurred while conducting the
business of the advisory committee.
(i) The department shall provide administrative support and
resources to the advisory committee as necessary for the advisory
committee to perform the advisory committee's duties under this
subchapter.
(j) Chapter 2110, Government Code, does not apply to the
advisory committee.
Added by Acts 1999, 76th Leg., ch. 753, § 2.01, eff. Aug. 30,
1999.
§ 12.138. APPROVAL OF RULES. A rule to be adopted by the
board relating to certification of a percentage of an annual
distribution under Section 12.132 or collection of information
under Sections 12.132, 12.133, and 12.134 must be submitted to the
advisory committee and may not become effective before the rule is
approved by the advisory committee. If the advisory committee
disapproves a proposed rule, the advisory committee shall provide
the board the specific reasons that the rule was disapproved.
Added by Acts 1999, 76th Leg., ch. 753, § 2.01, eff. Aug. 30,
1999.
§ 12.139. ANNUAL REVIEW. The advisory committee shall
annually:
(1) review the results of any audit conducted under
this subchapter and the results of any dispute filed under Section
12.134; and
(2) review the rules adopted by the board under this
subchapter and propose any amendments to the rules the advisory
committee considers necessary.
Added by Acts 1999, 76th Leg., ch. 753, § 2.01, eff. Aug. 30,
1999.
