CHAPTER 103. TEXAS DIABETES COUNCIL - Texas Statutes

HEALTH AND SAFETY CODE

TITLE 2. HEALTH

SUBTITLE E. HEALTH CARE COUNCILS AND RESOURCE CENTERS

CHAPTER 103. TEXAS DIABETES COUNCIL

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 269, Sec. 1, eff. Sept. 1,

1991; Acts 1997, 75th Leg., ch. 165, Sec. 6.39, eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 1411, Sec. 12.01, eff. Sept. 1,

1999; Acts 2003, 78th Leg., ch. 1170, Sec. 10.01, eff. Sept. 1,

2003.

Sec. 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, Sec. 12.03, eff. Sept.

1, 1999.

Sec. 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, Sec. 12.03, eff. Sept.

1, 1999.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 269, Sec. 2, eff. Sept. 1,

1991; Acts 1997, 75th Leg., ch. 1285, Sec. 3.01, eff. Sept. 1,

1997; Acts 2003, 78th Leg., ch. 1170, Sec. 10.02, eff. Sept. 1,

2003.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1999, 76th Leg., ch. 1411, Sec. 12.02, eff. Sept.

1, 1999.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 1285, Sec. 3.02, eff. Sept.

1, 1997.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Sec. 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, Sec. 12.04, eff. Sept.

1, 1999.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 269, Sec. 3, eff. Sept. 1,

1991.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.40, eff. Sept.

1, 1997; Acts 1997, 75th Leg., ch. 1285, Sec. 4.01, eff. Sept. 1,

1997.

Sec. 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, Sec. 4.01, eff. Sept. 1,

1997.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Sec. 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, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 39, eff. Sept. 1,

1991.