CHAPTER 112. BORDER HEALTH FOUNDATION - Texas Statutes

HEALTH AND SAFETY CODE

TITLE 2. HEALTH

SUBTITLE E. HEALTH CARE COUNCILS AND RESOURCE CENTERS

CHAPTER 112. BORDER HEALTH FOUNDATION

Sec. 112.001. DEFINITIONS. In this chapter:

(1) "Board of directors" means the board of directors of the

Border Health Foundation.

(2) "Foundation" means the Border Health Foundation.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.54(a), eff. Sept.

1, 2003.

Sec. 112.002. CREATION OF FOUNDATION. (a) The department shall

establish the Border Health Foundation as a nonprofit corporation

that complies with the Texas Non-Profit Corporation Act (Article

1396-1.01 et seq., Vernon's Texas Civil Statutes), except as

otherwise provided by this chapter, and qualifies as an

organization exempt from federal income tax under Section

501(c)(3), Internal Revenue Code of 1986, as amended.

(b) The department shall ensure that the foundation operates

independently of any state agency or political subdivision of

this state.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.54(a), eff. Sept.

1, 2003.

Sec. 112.003. POWERS AND DUTIES. (a) The foundation shall

raise money from other foundations, governmental entities, and

other sources to finance health programs in areas adjacent to the

border with the United Mexican States.

(b) The foundation shall:

(1) identify and seek potential partners in the private sector

that will afford this state the opportunity to maintain or

increase the existing levels of financing of health programs and

activities;

(2) engage in outreach efforts to make the existence of the

office known to potential partners throughout this area; and

(3) perform any other function necessary to carry out the

purposes of this section.

(c) The department shall review programs from all agencies under

its control to determine which projects should be available to

receive money under Subsection (a).

(d) The foundation has the powers necessary and convenient to

carry out its duties.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.54(a), eff. Sept.

1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1215, Sec. 6, eff. September 1, 2005.

Sec. 112.004. ADMINISTRATION. (a) The foundation is governed

by a board of five directors. Vacancies shall be filled by a

vote of the board of directors of the foundation from individuals

recommended by the department.

(b) Members of the board of directors serve for staggered terms

of six years, with as near as possible to one-third of the

members' terms expiring every two years.

(c) Appointments to the board of directors shall be made without

regard to the race, color, disability, sex, religion, age, or

national origin of the appointees.

(d) The board of directors shall ensure that the foundation

remains eligible for an exemption from federal income tax under

Section 501(a), Internal Revenue Code of 1986, as amended, by

being listed as an exempt organization under Section 501(c)(3) of

that code, as amended.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.54(a), eff. Sept.

1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1215, Sec. 7, eff. September 1, 2005.

Sec. 112.005. RESTRICTIONS ON BOARD APPOINTMENT, MEMBERSHIP, AND

EMPLOYMENT. (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 board of directors and

may not be a foundation employee employed in a "bona fide

executive, administrative, or professional capacity," as that

phrase is used for purposes of establishing an exemption to the

overtime provisions of the federal Fair Labor Standards Act of

1938 (29 U.S.C. Section 201 et seq.), as amended, if:

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

Texas trade association in the field of health care; or

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

consultant of a Texas trade association in the field of health

care.

(c) A person may not be a member of the board of directors or

act as the general counsel to the board of directors or the

foundation 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 foundation.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.54(a), eff. Sept.

1, 2003.

Sec. 112.006. REMOVAL OF BOARD MEMBER. (a) It is a ground for

removal from the board of directors that a member:

(1) is ineligible for membership under Section 112.005;

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

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

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

board meetings that the member is eligible to attend during a

calendar year without an excuse approved by a majority vote of

the board of directors.

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

affected by the fact that it is taken when a ground for removal

of a board member exists.

(c) The foundation in its articles or bylaws shall establish the

manner in which a board member may be removed under this section

and may establish other grounds for removal of a member.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.54(a), eff. Sept.

1, 2003.

Sec. 112.007. VACANCY. A vacancy on the board of directors

shall be filled for the remainder of the unexpired term in the

same manner as provided in Section 112.004(a).

Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.54(a), eff. Sept.

1, 2003.

Sec. 112.008. OFFICERS. The board of directors shall elect from

among its members a presiding officer, an assistant presiding

officer, and other necessary officers. The presiding officer and

assistant presiding officer serve for a period of one year and

may be reelected.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.54(a), eff. Sept.

1, 2003.

Sec. 112.009. MEETINGS. The board of directors may meet as

often as necessary, but shall meet at least twice a year.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.54(a), eff. Sept.

1, 2003.

Sec. 112.010. TAX EXEMPTION. All income, property, and other

assets of the foundation are exempt from taxation by this state

and political subdivisions of this state.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.54(a), eff. Sept.

1, 2003.

Sec. 112.011. MEMORANDUM OF UNDERSTANDING. The foundation and

the department shall enter into a memorandum of understanding

that:

(1) requires the board of directors and staff of the foundation

to report to the commissioner and department;

(2) allows the department to provide staff functions to the

foundation; and

(3) outlines the financial contributions to be made to the

foundation from funds obtained from grants and other sources.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.54(a), eff. Sept.

1, 2003.

Sec. 112.012. FUNDING. (a) The department, another agency of

this state, including an institution of higher education as

defined by Section 61. 003, Education Code, or a political

subdivision of this state may contract with the foundation to

finance, on behalf of the department, agency, or political

subdivision, health programs described by Section 112.003.

(b) The foundation may apply for and accept funds from the

federal government or any other public or private entity. The

foundation or any member of the foundation may also solicit and

accept pledges, gifts, and endowments from private sources on the

foundation's behalf. The foundation may only accept a pledge,

gift, or endowment solicited under this section that is

consistent with the purposes of the foundation.

(c) The board of directors of the foundation shall manage and

approve disbursements of funds, pledges, gifts, and endowments

that are the property of the foundation.

(d) The board of directors of the foundation shall manage any

capital improvements constructed, owned, or leased by the

foundation and any real property acquired by the foundation.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.54(a), eff. Sept.

1, 2003.

Sec. 112.013. RECORDS. (a) The foundation shall maintain

financial records and reports independently from those of the

department.

(b) The foundation shall comply with all filing requirements of

the secretary of state and the Internal Revenue Service.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.54(a), eff. Sept.

1, 2003.

Sec. 112.014. REPORT TO DEPARTMENT. Not later than the 60th day

after the last day of the fiscal year, the foundation shall

submit to the department a report itemizing all income and

expenditures and describing all activities of the foundation

during the preceding fiscal year.

Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.54(a), eff. Sept.

1, 2003.