CHAPTER 11. ORGANIZATION OF TEXAS DEPARTMENT OF HEALTH - Texas Statutes

HEALTH AND SAFETY CODE

TITLE 2. HEALTH

SUBTITLE A. TEXAS DEPARTMENT OF HEALTH

CHAPTER 11. ORGANIZATION OF TEXAS DEPARTMENT OF HEALTH

Sec. 11.001. DEFINITIONS. In this title:

(1) "Board" means the Texas Board of Health.

(2) "Commissioner" means the commissioner of public health.

(3) "Department" means the Texas Department of Health.

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

Amended by Acts 1993, 73rd Leg., ch. 747, Sec. 15, eff. Sept. 1,

1993.

Sec. 11.002. PURPOSE OF BOARD AND DEPARTMENT. The Texas Board

of Health and the Texas Department of Health are established to

better protect and promote the health of the people of this

state.

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

Sec. 11.003. SUNSET PROVISION. The Texas Board of Health and

the Texas Department of Health are subject to Chapter 325,

Government Code (Texas Sunset Act). Unless continued in existence

as provided by that chapter, the board and the department are

abolished and this chapter expires September 1, 2011.

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

Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 4.15,

eff. Nov. 12, 1991; Acts 1999, 76th Leg., ch. 1411, Sec. 1.02,

eff. Sept. 1, 1999.

Sec. 11.004. COMPOSITION AND RESPONSIBILITY OF DEPARTMENT. (a)

The department is composed of the board, the commissioner, an

administrative staff, the Texas Center for Infectious Disease,

the Rio Grande State Center, and other officers and employees

necessary to perform efficiently its powers and duties.

(b) The department is the state agency with primary

responsibility for providing health services, including:

(1) disease prevention;

(2) health promotion;

(3) indigent health care;

(4) certain acute care services;

(5) health care facility regulation, excluding long-term care

facilities;

(6) licensing of certain health professions; and

(7) other health-related services as provided by law.

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

Amended by Acts 1993, 73rd Leg., ch. 747, Sec. 15, eff. Sept. 1,

1993; Acts 1995, 74th Leg., ch. 107, Sec. 1, eff. Sept. 1, 1995;

Acts 2001, 77th Leg., ch. 263, Sec. 1, eff. May 22, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

650, Sec. 1, eff. June 19, 2009.

Sec. 11.0045. COMPREHENSIVE STRATEGIC AND OPERATIONAL PLAN. (a)

The board shall develop, publish, and to the extent allowed by

law implement a comprehensive strategic and operational plan.

(b) The board shall publish the plan not later than September 1

of each even-numbered year. The board shall at a minimum:

(1) make the plan available on its generally accessible Internet

site;

(2) make printed copies of the plan available on request to

members of the public; and

(3) send printed copies of the plan to the governor, the

lieutenant governor, the speaker of the house of representatives,

the Legislative Budget Board, and the committees of the senate

and the house of representatives that have oversight

responsibilities regarding the board and the department.

(c) The plan at a minimum must include:

(1) a statement of the aim and purpose of each of the

department's missions, including:

(A) the prevention of disease;

(B) the promotion of health;

(C) indigent health care;

(D) the protection of parents' fundamental right to direct the

health care and general upbringing of their children;

(E) acute care services for which the department is responsible;

(F) health care facility regulation for which the department is

responsible;

(G) the licensing of health professions for which the department

is responsible; and

(H) all other health-related services for which the department

is responsible under law;

(2) an analysis regarding how each of the department's missions

relate to other department missions;

(3) a detailed analysis of how to integrate or continue to

integrate department programs with other department programs,

including the integration of information gathering and

information management within and across programs, for the

purpose of minimizing duplication of effort, increasing

administrative efficiency, simplifying access to department

programs, and more efficiently meeting the health needs of this

state;

(4) a detailed proposal to integrate or continue to integrate

department programs with other department programs during the

two-year period covered by the plan, to the extent allowed by law

and in accordance with the department's analysis;

(5) a determination regarding whether it is necessary to collect

each type of information that the department collects, and for

each type of information that it is necessary for the department

to collect, whether the department is efficiently and effectively

collecting, analyzing, and disseminating the information and

protecting the privacy of individuals;

(6) an assessment of services provided by the department that

evaluates the need for the department to provide those services

in the future;

(7) a method for soliciting the advice and opinions of local

health departments, hospital districts, and other public health

entities, of recipients and providers of services that are

related to the department's missions, and of advocates for

recipients or providers for the purpose of identifying and

assessing:

(A) the health-related needs of the state;

(B) ways in which the department's programs and information

services can be better integrated and coordinated; and

(C) factors that the department should consider before adopting

rules that affect recipients or providers of services that are

related to the department's missions;

(8) a comprehensive inventory of health-related information

resources that meet department criteria for usefulness and

applicability to local health departments, to recipients or

providers of services that are related to the department's

missions, and to nonprofit entities, private businesses, and

community groups with missions that are related to health;

(9) a statement regarding the ways in which the department will

coordinate or attempt to coordinate with federal, state, local,

and private programs that provide services similar to the

services provided by the department;

(10) a list of other plans that the department is required to

prepare under state law and a recommendation regarding which

plans are obsolete or duplicate other required department plans;

and

(11) an assessment of the extent to which previous plans

prepared by the department under this section have effectively

helped the department to identify and achieve its objectives, to

improve its operations, or to guide persons who need to identify

department services, identify department requirements, or

communicate effectively with department personnel.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 1.03, eff. Sept. 1,

1999.

Sec. 11.005. COMPOSITION OF BOARD. (a) The board is composed

of seven members appointed by the governor with the advice and

consent of the senate.

(b) Appointments to the board shall be made without regard to

the race, color, handicap, sex, religion, age, or national origin

of the appointees.

(c) Four members of the board must have a demonstrated interest

in the services provided by the department, and three members

must represent the public.

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

Amended by Acts 1993, 73rd Leg., ch. 747, Sec. 15, eff. Sept. 1,

1993; Acts 2003, 78th Leg., ch. 1170, Sec. 16.01, eff. Sept. 1,

2003.

Sec. 11.0055. REQUIRED BOARD MEMBER TRAINING. (a) A person who

is appointed to and qualifies for office as a member of the board

may not vote, deliberate, or be counted as a member in attendance

at a meeting of the board 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 department and the board;

(2) the programs operated by the department;

(3) the role and functions of the department;

(4) the rules of the department, with an emphasis on the rules

that relate to disciplinary and investigatory authority;

(5) the current budget for the department;

(6) the results of the most recent formal audit of the

department;

(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 department or

the Texas Ethics Commission.

(c) A person appointed to the board 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. 1.04, eff. Sept. 1,

1999.

Sec. 11.006. RESTRICTIONS ON BOARD APPOINTMENT, MEMBERSHIP, AND

EMPLOYMENT. (a) A person is not eligible for appointment as a

public member of the board if the person or the person's spouse:

(1) is employed by or participates in the management of a

business entity or other organization regulated by the department

or receiving funds from the department;

(2) is registered, certified, or licensed 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;

(3) owns, controls, or has, directly or indirectly, more than a

10 percent interest in a business entity or other organization

regulated by the department or receiving funds from the

department; or

(4) uses or receives a substantial amount of tangible goods,

services, or funds from the department other than compensation or

reimbursement authorized by law for board membership, attendance,

or expenses.

(b) 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 board.

(c) A person who is the spouse of an officer, managerial

employee, or paid consultant of a trade association in the field

of health care may not be a board member or a board employee

grade 17 or over, including exempt employees, according to the

position classification schedule under the General Appropriations

Act.

(d) A person may not serve as a member of the board or act as

the general counsel to the board 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 board.

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

Amended by Acts 1993, 73rd Leg., ch. 747, Sec. 15, eff. Sept. 1,

1993; Acts 1999, 76th Leg., ch. 1411, Sec. 1.05, eff. Sept. 1,

1999.

Sec. 11.007. TERMS. Board members serve for staggered six-year

terms, with the terms of two or three members expiring February 1

of each odd-numbered year.

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

Amended by Acts 1993, 73rd Leg., ch. 747, Sec. 15, eff. Sept. 1,

1993; Acts 2003, 78th Leg., ch. 1170, Sec. 16.02, eff. Sept. 1,

2003.

Sec. 11.008. OFFICERS. Not later than September 1 of each

odd-numbered year, the governor shall designate one board member

as chairman and one member as vice-chairman.

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

Sec. 11.009. REMOVAL OF BOARD MEMBERS. (a) It is a ground for

removal from the board if a member:

(1) does not have at the time of appointment the qualifications

required by Section 11.005(a);

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

qualifications required by Section 11.005(a);

(3) violates a prohibition established by Section 11.006(b),

(c), or (d);

(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

board meetings that the member is eligible to attend during a

calendar year unless the absence is excused by majority vote of

the board.

(b) The validity of an action of the board is not affected by

the fact that it is taken when a ground for removal of a board

member exists.

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

for removal exists, the commissioner shall notify the chairman of

the board of the 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 board, who shall then notify the governor and the

attorney general that a potential ground for removal exists.

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

Amended by Acts 1999, 76th Leg., ch. 1411, Sec. 1.06, eff. Sept.

1, 1999.

Sec. 11.010. PER DIEM; REIMBURSEMENT FOR EXPENSES. A board

member receives no fixed salary but is entitled to receive:

(1) a per diem as prescribed by the General Appropriations Act

for each day spent in performing the member's official duties;

and

(2) reimbursement for travel expenses and other necessary

expenses incurred in performing official duties.

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

Amended by Acts 1993, 73rd Leg., ch. 747, Sec. 15, eff. Sept. 1,

1993.

Sec. 11.011. MEETINGS. (a) The board shall meet in the city of

Austin or in other places fixed by the board.

(b) The board shall meet at least once each calendar quarter on

dates determined by the board and shall hold special meetings at

the call of the chairman. The chairman shall give timely notice

to each member of any special meeting.

(c) A meeting of a board committee shall be held in compliance

with Chapter 551, Government Code.

(d) Four members of the board constitute a quorum.

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

Amended by Acts 1993, 73rd Leg., ch. 747, Sec. 15, eff. Sept. 1,

1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(82), eff. Sept. 1,

1995.

Sec. 11.012. COMMISSIONER. (a) The commissioner of health and

human services shall employ the commissioner in accordance with

Section 531.0056, Government Code.

(b) Except as provided in Subsection (c), the commissioner must:

(1) have at least five years of experience in the administration

of public health systems; and

(2) be a person licensed to practice medicine in this state.

(c) The commissioner of health and human services may, based on

the qualifications and experience in administering public health

systems, employ a person other than a physician as the

commissioner.

(d) If the commissioner of health and human services employs a

person as commissioner who is not a physician, then the board

shall designate a person licensed to practice medicine in this

state as chief medical executive.

(e) The commissioner is the executive head of the department.

The commissioner shall perform the duties assigned by the board

and state law, subject to the provisions of this subtitle.

(f) The board may supplement the salary of the commissioner with

the approval of the governor. The salary may not exceed 1.5 times

the salary of the governor, from funds appropriated to the

department. The use of funds from other sources are not limited

by this subsection.

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

Amended by Acts 1991, 72nd Leg., ch. 623, Sec. 1, eff. June 16,

1991; Acts 1993, 73rd Leg., ch. 747, Sec. 16, eff. Sept. 1, 1993;

Acts 1995, 74th Leg., ch. 76, Sec. 8.148, eff. Sept. 1, 1995;

Acts 1999, 76th Leg., ch. 1460, Sec. 2.17, eff. Sept. 1, 1999.

Sec. 11.013. SEPARATION OF AUTHORITY. (a) The board shall

adopt policies and rules and shall govern the department.

(b) The board may delegate to the commissioner, or to the person

acting as commissioner in the commissioner's absence, any power

or duty imposed on the board by law, including the authority to

make final orders or decisions, except that the board may not

delegate the power or duty to adopt rules. The delegation must be

written.

(c) The board shall:

(1) supervise the commissioner's administration and enforcement

of the health laws of this state; and

(2) develop and implement policies that clearly separate the

respective responsibilities of the board and the staff of the

department.

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

Sec. 11.014. INVESTIGATION OF DEPARTMENT. The board shall

investigate the conduct of the work of the department. For that

purpose, the board shall have access at any time to all

department books and records and may require an officer or

employee of the department to furnish written or oral

information.

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

Sec. 11.015. PERSONNEL. (a) The commissioner or the

commissioner's designee shall develop an intra-agency career

ladder program. The program shall require intra-agency postings

of all nonentry level positions concurrently with any public

posting. The commissioner may waive the posting requirements

under circumstances outlined in department policies.

(b) The commissioner or the commissioner's designee shall

develop a system of annual performance evaluations based on

measurable job tasks. All merit pay for department employees must

be based on the system established under this subsection.

(c) The board shall provide to its members and employees, as

often as necessary, information regarding their qualifications

under this chapter and their responsibilities under applicable

laws relating to standards of conduct for state officers or

employees.

(d) The commissioner or the commissioner's designee shall

prepare and maintain a written policy statement to assure

implementation of a program of equal employment opportunity under

which all personnel transactions are made without regard to race,

color, handicap, sex, religion, age, or national origin. The

policy statement must include:

(1) personnel policies, including policies relating to

recruitment, evaluation, selection, appointment, training, and

promotion of personnel;

(2) a comprehensive analysis of the department work force that

meets federal and state guidelines; and

(3) procedures by which a determination can be made of

significant underutilization in the department work force of all

persons for whom federal or state guidelines encourage a more

equitable balance and reasonable methods to appropriately address

those areas of significant underutilization.

(e) A policy statement prepared under Subsection (d) must:

(1) cover an annual period;

(2) be updated at least annually; and

(3) be filed with the governor.

(f) The governor shall deliver a biennial report to the

legislature based on the information received under Subsection

(e)(3). The report may be made separately or as a part of other

biennial reports made to the legislature.

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

Sec. 11.016. ADVISORY COMMITTEES. (a) The board may appoint

advisory committees to assist the board in performing its duties.

(b) The board shall appoint an advisory committee in a manner

that provides for:

(1) a balanced representation of persons with knowledge and

interest in the committee's field of work;

(2) the inclusion on the committee of at least two members who

represent the interests of the public; and

(3) a balanced representation of the geographic regions of the

state.

(c) Repealed by Acts 1999, 76th Leg., ch. 1411, Sec. 1.17, eff.

Sept. 1, 1999.

(d) Except as otherwise provided by law and contingent on the

availability of department funds for this purpose, a member of an

advisory committee appointed by the board is entitled to receive,

with regard to travel expenses, the per diem and travel allowance

authorized by the General Appropriations Act for state employees.

(e) The board shall specify each committee's purpose, powers,

and duties, and shall require each committee to report to the

board in the manner specified by the board concerning the

committee's activities and the results of its work.

(f) The board shall establish procedures for receiving reports

relating to the activities and accomplishments of an advisory

committee established by statute to advise the board or

department. The board may appoint additional members to those

advisory committees and may establish additional duties of those

committees as the board determines to be necessary.

(g) The board shall adopt rules to implement this section.

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

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 2, eff. Sept. 1,

1991; Acts 1999, 76th Leg., ch. 1411, Sec. 1.17, eff. Sept. 1,

1999.

Sec. 11.0161. COMPENSATORY PER DIEM FOR ADVISORY COMMITTEE

MEMBER. (a) Within the limit of available funds, a member of an

advisory committee appointed to assist the board and the

department is entitled to receive, if authorized by board rule, a

compensatory per diem, not to exceed the rate set in the General

Appropriations Act, for each meeting the member attends.

(b) If a member has been appointed under the authority of a

prior statute that provides no compensatory per diem or that

provides for compensatory per diem in a specific amount, this

section supersedes that statute.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 3, eff. Sept. 1,

1991.

Sec. 11.017. FINANCES. (a) The board 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 the board during the

preceding year. The annual report must be in the form and

reported in the time provided by the General Appropriations Act.

(b) The state auditor may audit the financial transactions of

the board in accordance with Chapter 321, Government Code,

subject to a risk assessment performed by the state auditor and

to the legislative audit committee's approval of including the

audit in the audit plan under Section 321.013, Government Code.

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

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 4, eff. Sept. 1,

1991; Acts 2003, 78th Leg., ch. 785, Sec. 67, eff. Sept. 1, 2003.

Sec. 11.018. PUBLIC INTEREST INFORMATION AND COMPLAINTS. (a)

The board shall develop and implement policies that provide the

public with a reasonable opportunity to appear before the board

and to speak on any issue under the jurisdiction of the board.

(b) The board shall prepare information of public interest

describing the functions of the board and department and the

board's and department's procedures by which complaints are filed

with and resolved by the board and department. The department

shall make the information available to the public and

appropriate state agencies.

(c) The board by rule shall establish methods by which consumers

and service recipients can be notified of the names, mailing

addresses, and telephone numbers of the board and department for

the purpose of directing complaints to the board and department.

The board may provide for that notification:

(1) on each registration form, application, or written contract

for services of a person or entity regulated by the board or

department;

(2) on a sign prominently displayed in the place of business of

each person or entity regulated by the board or department; or

(3) in a bill for service provided by a person or entity

regulated by the board or department.

(d) The department shall keep an information file about each

complaint filed with the department relating to a license holder

or entity regulated by the department or a service delivered by

the department. The file must include:

(1) the name of the person who filed the complaint;

(2) the date the complaint is received by the department;

(3) the subject matter of the complaint;

(4) the name of each person contacted in relation to the

complaint;

(5) a summary of the results of the review or investigation of

the complaint; and

(6) an explanation of the reason the file was closed, if the

department closed the file without taking action other than to

investigate the complaint.

(e) If a written complaint is filed with the department relating

to a license holder or entity regulated by the department or a

service delivered by the department, the department, at least

quarterly and until final disposition of the complaint, shall

notify the parties to the complaint of the status of the

complaint unless notice would jeopardize an undercover

investigation.

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

Amended by Acts 1999, 76th Leg., ch. 1411, Sec. 1.07, eff. Sept.

1, 1999.