CHAPTER 101. TEXAS COUNCIL ON ALZHEIMER'S DISEASE AND RELATED DISORDERS - Texas Statutes

HEALTH AND SAFETY CODE

TITLE 2. HEALTH

SUBTITLE E. HEALTH CARE COUNCILS AND RESOURCE CENTERS

CHAPTER 101. TEXAS COUNCIL ON ALZHEIMER'S DISEASE AND RELATED

DISORDERS

Sec. 101.001. DEFINITIONS. In this chapter:

(1) "Alzheimer's disease and related disorders support group"

means a local, state, or national organization that:

(A) is established to provide support services to aid victims of

Alzheimer's disease and related disorders and their caregivers;

(B) encourages research into the cause, prevention, treatment,

and care of victims of Alzheimer's disease and related disorders;

and

(C) is dedicated to the development of essential services for

victims of Alzheimer's disease and related disorders and their

caregivers.

(2) "Council" means the Texas Council on Alzheimer's Disease and

Related Disorders.

(3) "Primary family caregiver" means an individual who is a

relative of a victim of Alzheimer's disease or related disorders,

who has or has had a major responsibility for care and

supervision of the victim, and who is not a professional health

care provider paid to care for the victim.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 101.002. COMPOSITION OF COUNCIL. (a) The Texas Council on

Alzheimer's Disease and Related Disorders is composed of:

(1) five public members, one of whom is an individual related to

a victim of Alzheimer's disease or related disorders but who is

not a primary family caregiver, one of whom is a primary family

caregiver, two of whom are members of an Alzheimer's disease and

related disorders support group, and one of whom is an interested

citizen;

(2) seven professional members with special training and

interest in Alzheimer's disease and related disorders, with one

representative each from nursing homes, physicians, nurses,

public hospitals, private hospitals, home health agencies, and

faculty of institutions of higher education; and

(3) the chief executive officer or the officer's designated

representative from the department, Texas Department on Aging,

Texas Department of Human Services, Texas Department of Mental

Health and Mental Retardation, and Long-Term Care Coordinating

Council for the Elderly.

(b) The governor shall appoint two public members and two

professional members, the lieutenant governor shall appoint two

public members and two professional members, and the speaker of

the house of representatives shall appoint one public member and

three professional members.

(c) The governor shall designate a member of the council who is

not an agency representative as the chairman of the council to

serve in that capacity at the will of the governor.

(d) Appointments to the council shall be made without regard to

the race, color, disability, sex, religion, age, or national

origin of the appointees.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1999, 76th Leg., ch. 1411, Sec. 10.01, eff. Sept.

1, 1999.

Sec. 101.0021. CONFLICT OF INTEREST. (a) In this section,

"Texas trade association" means a cooperative and voluntarily

joined association of business or professional competitors in

this state designed to assist its members and its industry or

profession in dealing with mutual business or professional

problems and in promoting their common interest.

(b) A person may not be a member of the council if:

(1) the person is an officer, employee, or paid consultant of a

Texas trade association in the field of medicine; or

(2) the person's spouse is an officer, manager, or paid

consultant of a Texas trade association in the field of medicine.

(c) A person may not be a member of the council if the person is

required to register as a lobbyist under Chapter 305, Government

Code, because of the person's activities for compensation on

behalf of a profession related to the operation of the council.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 10.02, eff. Sept.

1, 1999.

Sec. 101.0022. GROUNDS FOR REMOVAL. (a) It is a ground for

removal from the council that a member:

(1) does not have at the time of taking office the

qualifications required by Section 101.002(a);

(2) does not maintain during service on the council the

qualifications required by Section 101.002(a);

(3) is ineligible for membership under Section 101.0021;

(4) cannot, because of illness or disability, discharge the

member's duties for a substantial part of the member's term; or

(5) is absent from more than half of the regularly scheduled

council meetings that the member is eligible to attend during a

calendar year without an excuse approved by a 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 council

member exists.

(c) If the commissioner has knowledge that a potential ground

for removal exists, the commissioner shall notify the chairman of

the council of the potential ground. The chairman shall then

notify the governor and the attorney general that a potential

ground for removal exists. If the potential ground for removal

involves the chairman, the commissioner shall notify the next

highest ranking officer of the council, who shall then notify the

governor and the attorney general that a potential ground for

removal exists.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 10.02, eff. Sept.

1, 1999.

Sec. 101.0023. 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, Sec. 10.02, eff. Sept.

1, 1999.

Sec. 101.004. TERMS; VACANCY. (a) Appointed council members

serve for staggered six-year terms, with the terms of four

members expiring August 31 of each odd-numbered year.

(b) If a vacancy occurs, the appropriate appointing authority

shall appoint a person, in the same manner as the original

appointment, to serve for the remainder of the unexpired term.

(c) A person who has served one full term is not eligible for

reappointment.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 494, Sec. 1, eff. Sept. 1,

1993.

Sec. 101.005. COMPENSATION. (a) A member of the council is not

entitled to compensation but is entitled to reimbursement for

actual and necessary expenses incurred in performing council

duties.

(b) A representative of a state agency shall be reimbursed from

the funds of the agency the person represents. Other members

shall be reimbursed from funds made available to the council.

(c) If funds are not made available to the council, members who

are not representatives of state agencies serve at their own

expense.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 101.006. MEETINGS. (a) The council shall meet at least

twice each calendar year and at the call of the chairman.

(b) The council shall adopt rules for the conduct of its

meetings.

(c) Any action taken by the council must be approved by a

majority of the members present.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 101.0065. PUBLIC TESTIMONY. 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.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 10.03, eff. Sept.

1, 1999.

Sec. 101.007. POWERS AND DUTIES OF COUNCIL. (a) The council

shall:

(1) advise the board and recommend needed action for the benefit

of victims of Alzheimer's disease and related disorders and for

their caregivers;

(2) coordinate public and private family support networking

systems for primary family caregivers;

(3) disseminate information on services and related activities

for victims of Alzheimer's disease and related disorders to the

medical and health care community, the academic community,

primary family caregivers, advocacy associations, and the public;

(4) coordinate a volunteer assistance program primarily for

in-home and respite care services;

(5) encourage research to benefit victims of Alzheimer's disease

and related disorders;

(6) recommend to the board disbursement of grants and funds

available for the council; and

(7) facilitate coordination of state agency services and

activities relating to victims of Alzheimer's disease and related

disorders.

(b) The council is subject to Chapter 551, Government Code, and

Chapter 2001, Government Code.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), (82),

eff. Sept. 1, 1995.

Sec. 101.0075. 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, Sec. 10.04, eff. Sept.

1, 1999.

Sec. 101.008. DUTIES OF DEPARTMENT. The department shall:

(1) provide administrative assistance, services, and materials

to the council;

(2) accept, deposit, and disburse funds made available to the

council at the direction of the board;

(3) accept gifts and grants on behalf of the council from any

public or private entity;

(4) maintain a population data base of victims of Alzheimer's

disease and related disorders in this state; and

(5) apply for and receive on behalf of the council any

appropriations, gifts, or other funds from the state or federal

government or any other public or private entity, subject to

limitations and conditions prescribed by legislative

appropriation.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 101.0081. 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, Sec. 10.05, eff. Sept.

1, 1999.

Sec. 101.009. GIFTS AND GRANTS. (a) The council is encouraged

to seek and the department may accept on behalf of the council a

gift or grant from any public or private entity.

(b) The board shall deposit any money received under Subsection

(a) in the state treasury to the credit of the Alzheimer's

disease and related disorders council fund to be used for the

purposes of this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 101.010. REPORT. Before September 1 of each even-numbered

year, the council shall submit a biennial report of the council's

activities and recommendations to the governor, lieutenant

governor, speaker of the house of representatives, members of the

legislature, Long-Term Care Coordinating Council for the Elderly,

and board.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.