HEALTH & SAFETY CODE
CHAPTER 103. TEXAS DIABETES COUNCIL
§ 103.001. DEFINITIONS. In this chapter:
(1) "Council" means the Texas Diabetes Council.
(2) "Person with diabetes" means a person diagnosed by
a physician as having diabetes.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 103.002. COMPOSITION OF COUNCIL. (a) The Texas
Diabetes Council is composed of 11 citizen members appointed from
the public and one representative each from the department, the
Texas Education Agency, the Texas Department of Human Services, the
Texas Commission for the Blind, and the Texas Rehabilitation
Commission.
(b) The governor, with the advice and consent of the senate,
shall appoint the following citizen members:
(1) a licensed physician with a specialization in
treating diabetes;
(2) a registered nurse with a specialization in
diabetes education and training;
(3) a registered and licensed dietitian with a
specialization in the diabetes education field;
(4) a person with experience and training in public
health policy;
(5) three consumer members, with special
consideration given to persons active in the Texas affiliates of
the Juvenile Diabetes Foundation or the American Diabetes
Association; and
(6) four members from the general public with
expertise or demonstrated commitment to diabetes issues.
(b-1) In making appointments under this section, the
governor shall attempt to appoint members of different minority
groups including females, African-Americans, Hispanic-Americans,
Native Americans, and Asian-Americans.
(c) The chairman of the board of each agency listed in
Subsection (a) shall appoint that agency's representative. Agency
representatives shall be nonvoting members of the council.
(d) Appointments to the council shall be made without regard
to the race, color, disability, creed, sex, religion, age, or
national origin of the appointees.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch. 269, § 1, eff. Sept. 1, 1991; Acts
1997, 75th Leg., ch. 165, § 6.39, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 1411, § 12.01, eff. Sept. 1, 1999; Acts 2003,
78th Leg., ch. 1170, § 10.01, eff. Sept. 1, 2003.
§ 103.0024. TRAINING. (a) A person who is appointed to
and qualifies for office as a member of the council may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the council until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the council;
(2) the programs operated by the council;
(3) the role and functions of the council;
(4) the rules of the council;
(5) the current budget for the council;
(6) the results of the most recent formal audit of the
council;
(7) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code;
(C) the administrative procedure law, Chapter
2001, Government Code; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
council or the Texas Ethics Commission.
(c) A person appointed to the council is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Added by Acts 1999, 76th Leg., ch. 1411, § 12.03, eff. Sept. 1,
1999.
§ 103.0025. INFORMATION ABOUT STANDARDS OF
CONDUCT. The commissioner or the commissioner's designee shall
provide to members of the council, as often as necessary,
information regarding the requirements for office under this
chapter, including information regarding a person's
responsibilities under applicable laws relating to standards of
conduct for state officers.
Added by Acts 1999, 76th Leg., ch. 1411, § 12.03, eff. Sept. 1,
1999.
§ 103.004. RESTRICTIONS ON COUNCIL APPOINTMENT,
MEMBERSHIP, OR EMPLOYMENT. (a) A person is not eligible for
appointment or service as a citizen member if the person or the
person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization receiving funds at the
council's direction;
(2) owns or controls directly or indirectly more than
a 10 percent interest in a business entity or other organization
receiving funds at the council's direction; or
(3) uses or receives a substantial amount of tangible
goods, services, or funds from the department at the council's
direction, other than compensation or reimbursement authorized by
law for council membership, attendance, or expenses.
(b) A person who is required to register as a lobbyist under
Chapter 305, Government Code, may not serve as a member of the
council or act as the general counsel.
(c) An officer, employee, or paid consultant of a trade
association in the field of health care may not be a member or
employee of the council. A person who is the spouse of an officer,
employee, or paid consultant of a trade association in the field of
health care may not be a member of the council and may not be an
employee, including an employee exempt from the state's position
classification plan, who is compensated at or above the amount
prescribed by the General Appropriations Act for step 1, salary
group 17, of the position classification salary schedule.
(d) For purposes of Subsection (c), a trade association is a
nonprofit, cooperative, and voluntary association of business or
professional competitors designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interests.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 103.005. TERMS. (a) Council members appointed by
the governor serve for staggered six-year terms, with the terms of
three or four members expiring February 1 of each odd-numbered
year.
(b) A council member appointed as a representative of an
agency serves at the will of the appointing agency.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch. 269, § 2, eff. Sept. 1, 1991; Acts
1997, 75th Leg., ch. 1285, § 3.01, eff. Sept. 1, 1997; Acts
2003, 78th Leg., ch. 1170, § 10.02, eff. Sept. 1, 2003.
§ 103.006. CHAIRMAN. The governor shall designate a
member of the council as the chairman of the council to serve in
that capacity at the will of the governor.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 1411, § 12.02, eff. Sept. 1, 1999.
§ 103.007. REMOVAL OF COUNCIL MEMBER. (a) It is a
ground for removal from the council if a member:
(1) is not eligible for appointment to the council at
the time of appointment as provided by Section 103.004(a);
(2) is not eligible to serve on the council as provided
by Section 103.004(a);
(3) violates a prohibition established by Section
103.004(b) or (c);
(4) cannot discharge the member's duties for a
substantial part of the term for which the member is appointed
because of illness or disability; or
(5) is absent from more than half of the regularly
scheduled council meetings that the member is eligible to attend
during each calendar year unless the absence is excused by majority
vote of the council.
(b) The validity of an action of the council is not affected
by the fact that it is taken when a ground for removal of a member of
the council exists.
(c) If the chairman of the council has knowledge that a
potential ground for removal exists, the chairman shall notify the
governor of its existence.
(d) The council shall inform its members as often as
necessary of:
(1) the qualifications for office prescribed by this
chapter; and
(2) their responsibilities under applicable laws
relating to standards of conduct for state officers or employees.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 103.008. VACANCY. (a) The office of a member
appointed by an agency becomes vacant when the person terminates
employment with the agency or when the agency elects to replace the
person as provided by Section 103.005.
(b) If the office of a member who is an agency
representative becomes vacant, the chairman of the board of that
agency shall appoint an agency representative to serve for the
remainder of that member's term.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1997, 75th Leg., ch. 1285, § 3.02, eff. Sept. 1, 1997.
§ 103.009. REIMBURSEMENT. (a) The department shall
reimburse council and advisory committee members for travel and
other necessary expenses incurred in performing official duties at
the same rate provided for state employees in the General
Appropriations Act.
(b) Funds for travel reimbursement shall be appropriated to
the department.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 103.010. STAFF SUPPORT. Each agency represented on
the council shall provide the council with periodic staff support
of specialists as needed and may provide staff support to an
advisory committee.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 103.0105. DIVISION OF POLICY AND MANAGEMENT
RESPONSIBILITIES. The council shall develop and implement
policies that clearly separate the policymaking responsibilities
of the council and the management responsibilities of the
commissioner and the staff of the department.
Added by Acts 1999, 76th Leg., ch. 1411, § 12.04, eff. Sept. 1,
1999.
§ 103.011. ADVISORY COMMITTEES. (a) The council may
establish advisory committees the council considers necessary and
may determine the appropriate membership for each committee.
(b) The council shall specify the purpose and duties of each
advisory committee and shall specify any product the committee is
required to develop.
(c) Members of an advisory committee serve at the will of
the council. The council may dissolve an advisory committee when
necessary.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 103.012. MEETINGS. (a) The council shall meet at
least quarterly and shall adopt rules for the conduct of its
meetings.
(b) Any action taken by the council must be approved by a
majority of the voting members present.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch. 269, § 3, eff. Sept. 1, 1991.
§ 103.013. STATE PLAN. (a) The council shall develop
and implement a state plan for diabetes treatment, education, and
training to ensure that:
(1) this chapter is properly implemented by the
agencies affected;
(2) incentives are offered for private sources to
maintain present commitments and to assist in developing new
programs; and
(3) a procedure for review of individual complaints
about services provided under this chapter is implemented.
(b) The state plan may include provisions to ensure that:
(1) individual and family needs are assessed statewide
and all available resources are coordinated to meet those needs;
and
(2) health care provider needs are assessed statewide
and strategies are developed to meet those needs.
(c) The council shall make written recommendations for
performing its duties under this chapter to the board and the
legislature. If the council considers a recommendation that will
affect an agency not represented on the council, the council shall
seek the advice and assistance of the agency before taking action on
the recommendation. The council's recommendations shall be
implemented by the agencies affected by the recommendations.
(d) The council shall submit the state plan to the state
agency designated as the state health planning and development
agency not later than November 1 of each odd-numbered year.
(e) Each state agency affected by the state plan shall:
(1) determine what resources would be required to
implement the portions of the state plan affecting that agency; and
(2) determine whether that agency will seek funds to
implement that portion of the state plan.
(f) Not later than November 1 of each even-numbered year,
each state agency affected by the state plan shall report to the
council, the Legislative Budget Board, and the Governor's Office of
Budget and Planning:
(1) information determined under Subsection (e); and
(2) each deviation from the council's proposed plan,
including an explanation for the deviation.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 103.014. POWERS AND DUTIES. (a) The council shall
address contemporary issues affecting health promotion services in
the state, including:
(1) professional and patient education;
(2) successful diabetes education strategies;
(3) personnel preparation and continuing education;
(4) state expenditures for treatment of chronic
diseases;
(5) screening services; and
(6) public awareness.
(b) The council shall advise the legislature on legislation
that is needed to develop further and maintain a statewide system of
quality education services for all persons with diabetes. The
council may develop and submit legislation to the legislature or
comment on pending legislation that affects persons with diabetes.
(c) The council may:
(1) compile and publish regional directories of
services for persons with diabetes;
(2) design or adapt and publish a handbook in English
and Spanish relating to diet, exercise, and other self-care
management skills for persons with diabetes;
(3) study the feasibility of a statewide hotline for
persons with diabetes; and
(4) study the standards and structure of pilot
programs to provide diabetes education and training in this state.
(d) The council may engage in studies that it determines are
necessary or suitable under the state plan as provided by this
chapter.
(e) The department shall accept funds appropriated for the
purposes of this chapter and shall allocate those funds. The
council shall make recommendations to the department concerning the
allocation of funds.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 103.015. GIFTS AND GRANTS. (a) The council may
receive gifts and grants from any public or private source to
perform its duties under this chapter. The department shall accept
the gifts on behalf of the council and shall deposit any funds
accepted under this section to the credit of a special account in
the general revenue fund.
(b) The department may retain five percent of any monetary
gifts accepted on behalf of the council to cover its costs in
administering this section.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 103.016. PUBLIC INFORMATION AND PARTICIPATION;
COMPLAINTS. (a) The council shall prepare information of public
interest describing the functions of the council and describing
council procedures by which complaints are filed with and resolved
by the council. The council shall make the information available to
the general public and appropriate state agencies.
(b) The council by rule shall establish methods by which
consumers or service recipients are notified of the name, mailing
address, and telephone number of the council for the purpose of
directing complaints to the council.
(c) The council shall develop and implement policies that
provide the public with a reasonable opportunity to appear before
the council and to speak on any issue under the jurisdiction of the
council.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 103.017. PUBLIC AWARENESS AND TRAINING. (a) The
department, the Texas Commission for the Blind, the Texas
Rehabilitation Commission, the Texas Department of Human Services,
and the Texas Education Agency shall work with the council to
jointly develop, produce, and implement a general public awareness
strategy focusing on diabetes, its complications, and techniques
for achieving good management. Each agency shall pay for the costs
of producing and disseminating information on diabetes to clients
served by that agency.
(b) The strategy developed under Subsection (a) must
include a plan under which the council provides public awareness
information through businesses, civic organizations, and similar
entities.
(c) The department, the Texas Commission for the Blind, the
Texas Rehabilitation Commission, the Texas Department of Human
Services, and the Texas Education Agency may jointly develop and
implement a statewide plan for conducting regional training
sessions for public and private service providers, including
institutional health care providers, who have routine contact with
persons with diabetes.
(d) The council must approve the strategies and plans
developed under this section.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1997, 75th Leg., ch. 165, § 6.40, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1285, § 4.01, eff. Sept. 1, 1997.
§ 103.0175. MATERIALS FOR SCHOOL-BASED AND
SCHOOL-LINKED CLINICS. The council, in consultation with the
department, shall develop and make available materials that provide
information about diabetes to be distributed to students and the
parents of students by health clinics at public primary or
secondary schools.
Added by Acts 1997, 75th Leg., ch. 1285, § 4.01, eff. Sept. 1,
1997.
§ 103.0176. PILOT PROGRAM FOR DIABETES GROUPS.
Section expires September 2, 2005
(a) The council, in consultation with the department, shall
develop a pilot program to promote and facilitate the operation of
diabetes groups to enable persons with diabetes to exchange
information and strategies to manage the disease and to obtain
relevant information and education.
(b) The council may not provide direct financial support to
fund a diabetes group, but may provide meeting space in a
state-owned building, if available. The department shall cooperate
with the council to provide meeting space under this subsection.
(c) The council shall operate the pilot program required by
this section in not more than two counties in this state selected by
the council from among the counties that are located on the border
of this state and the United Mexican States and that have a high
proportion of low-income households.
(d) Not later than December 1, 2004, the council shall
submit a report summarizing the results of the pilot program to the
governor, the lieutenant governor, and the speaker of the house of
representatives.
(e) This section expires September 2, 2005.
Added by Acts 2003, 78th Leg., ch. 697, § 1, eff. June 20, 2003.
§ 103.018. ANNUAL REPORT. The department shall file
annually with the governor and the presiding officer of each house
of the legislature a complete and detailed written report
accounting for all funds received and disbursed by or for the
council during the preceding fiscal year. The form of the annual
report and the reporting time are as provided by the General
Appropriations Act.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 103.019. AUDIT. The financial transactions
pertaining to the council are subject to audit by the state auditor
in accordance with Chapter 321, Government Code.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch. 14, § 39, eff. Sept. 1, 1991.
