CHAPTER 134. INTERAGENCY COUNCIL FOR GENETIC SERVICES - Texas Statutes

HUMAN RESOURCES CODE

TITLE 9. HEALTH AND HUMAN SERVICES

CHAPTER 134. INTERAGENCY COUNCIL FOR GENETIC SERVICES

Sec. 134.001. INTERAGENCY COUNCIL FOR GENETIC SERVICES. (a)

The Interagency Council for Genetic Services is established.

(b) The council consists of:

(1) a representative of the Texas Department of Mental Health

and Mental Retardation, appointed by the commissioner of mental

health and mental retardation;

(2) a representative of the Texas Department of Health,

appointed by the commissioner of health;

(3) a representative of the Texas Department of Insurance,

appointed by the commissioner of insurance;

(4) a representative of The University of Texas health science

centers, appointed by the chancellor of The University of Texas

System;

(5) a representative of the public and private entities that

contract with the Texas Department of Health to provide genetic

services, elected from their membership; and

(6) two consumers of genetic services, family members of

consumers of genetic services, or representatives of consumer

groups related to the provision of genetic services, appointed by

the governor.

(c) The members provided for by Subdivisions (5) and (6) of

Subsection (b) of this section serve two-year terms and may be

reappointed or reelected for subsequent terms. A representative

of the Texas Department of Mental Health and Mental Retardation,

Texas Department of Health, Texas Department of Insurance, or The

University of Texas health science centers serves at the pleasure

of his respective commissioner or chancellor or until termination

of his employment with the entity he represents.

(d) The members of the council shall annually elect one member

to serve as chairperson.

(e) The council shall meet at least quarterly. Any actions taken

by the council must be approved by a majority vote of the members

present.

Added by Acts 1987, 70th Leg., ch. 956, Sec. 8.01, eff. Sept. 1,

1987. Amended by Acts 1999, 76th Leg., ch. 1217, Sec. 1, eff.

Sept. 1, 1999.

Sec. 134.002. RULES. A state agency that is a member of the

council shall work in coordination with the council when

initiating, considering, or proposing a rule relating to human

genetics or human genetic services.

Added by Acts 1999, 76th Leg., ch. 1217, Sec. 3, eff. Sept. 1,

1999.

Sec. 134.003. STAFF. (a) The council may select and use lay

and professional advisors as necessary.

(b) The Texas Department of Health, Texas Department of Mental

Health and Mental Retardation, Texas Department of Insurance, and

The University of Texas health science centers shall share the

cost of providing clerical and advisory support staff to the

council.

Added by Acts 1987, 70th Leg., ch. 956, Sec. 8.01, eff. Sept. 1,

1987. Amended by Acts 1999, 76th Leg., ch. 1217, Sec. 3, eff.

Sept. 1, 1999.

Sec. 134.004. DUTIES. The council shall:

(1) survey current resources for human genetic services in the

state;

(2) initiate a scientific evaluation of the current and future

needs for the services;

(3) develop a comparable data base among providers that will

permit the evaluation of cost-effectiveness and the value of

different human genetic services and methods of service delivery;

(4) promote a common statewide data base to study the

epidemiology of human genetic disorders;

(5) assist in coordinating statewide human genetic services for

all state residents;

(6) increase the flow of information among separate providers

and appropriation authorities;

(7) develop guidelines to monitor the provision of human genetic

services, including laboratory testing;

(8) identify state entities that serve persons who are affected

by or who are at risk of having children who are affected by

environmental genetic disorders and coordinate activities with

those agencies; and

(9) work in coordination with the state agencies named in

Sections 134.001(b)(1), (2), and (3) when the agency initiates,

considers, or proposes a rule relating to human genetics or human

genetic services.

Added by Acts 1987, 70th Leg., ch. 956, Sec. 8.01, eff. Sept. 1,

1987. Amended by Acts 1989, 71st Leg., ch. 90, Sec. 2, eff. Sept.

1, 1989; Acts 1999, 76th Leg., ch. 1217, Sec. 4, eff. Sept. 1,

1999.

Sec. 134.0041. RESOURCE ALLOCATION PLAN. (a) The council

biennially shall develop a resource allocation plan recommending

how funds for genetic services should be spent during the next

fiscal biennium.

(b) A state agency, medical school, or other entity affected by

the plan shall cooperate with the council and shall submit to the

council any information required by the council to develop the

plan.

(c) The council shall hold public hearings to gather information

necessary to prepare the plan.

(d) The plan prepared by the council shall clearly identify the

level of financial resources needed to fully implement the plan

and the recommended service delivery system that should be used

by each state agency, medical school, or other entity that

provides genetic services and receives for those services state

funds or federal funds that are appropriated by the state.

(e) The council must approve the plan by a majority vote not

later than June 1 of each even-numbered year. The council shall

distribute the plan to each affected agency or medical school and

to each entity the council considers appropriate.

(f) The plan is advisory in nature and is to be used as a

guideline in the performance of statutory responsibilities. No

liability shall attach due to an agency's or school's decision to

deviate from the plan.

(g) A state agency or medical school affected by the plan shall

use the plan as the basis for its request for appropriations

during the next biennium unless the agency or school disagrees

with the plan. If the agency or school disagrees with the plan or

intends to deviate from the plan in its budget request, the

agency or school shall submit to the council, Legislative Budget

Board, and governor's budget office a written explanation of each

disagreement or deviation and the reason for the disagreement or

deviation. The state agency or medical school must submit the

written explanation not later than November 1 of the year in

which the plan is prepared.

Added by Acts 1989, 71st Leg., ch. 90, Sec. 5, eff. Sept. 1,

1989.

Sec. 134.005. USE OF FUNDS. (a) The council may receive any

appropriation, donation, contribution, or other funds from the

state or federal government or any other public or private source

to perform its duties under this Act. The Texas Department of

Health shall accept the funds on behalf of the council and shall

deposit any funds accepted under this subsection to the credit of

a special account in the General Revenue Fund. The department may

retain a percentage of any funds accepted on behalf of the

council to cover its costs in administering this subsection. The

percentage retained by the department shall be set at a level

agreeable to the council.

(b) If the Texas Department of Health, Texas Department of

Mental Health and Mental Retardation, Texas Department of

Insurance, or The University of Texas health science centers

receive federal funds to be used only to coordinate and plan

statewide genetic services, the department or system shall

transfer the funds to the council through the Texas Department of

Health to be used for the purposes for which the funds were

received.

(c) The council shall adopt and employ policies and methods of

financial management which are acceptable to the Texas Department

of Health.

(d) The Texas Department of Health may expend funds received on

behalf of the council under this section for the purposes of this

Act, in accordance with the recommendations from the council.

Added by Acts 1987, 70th Leg., ch. 956, Sec. 8.01, eff. Sept. 1,

1987. Amended by Acts 1989, 71st Leg., ch. 90, Sec. 3, eff. Sept.

1, 1989; Acts 1999, 76th Leg., ch. 1217, Sec. 5, eff. Sept. 1,

1999.

Sec. 134.006. ANNUAL REPORTS. The council shall annually submit

a progress report to the boards of the Texas Department of Health

and the Texas Department of Mental Health and Mental Retardation,

to the commissioner of the Texas Department of Insurance, and to

the board of regents of The University of Texas System.

Added by Acts 1987, 70th Leg., ch. 956, Sec. 8.01, eff. Sept. 1,

1987. Amended by Acts 1999, 76th Leg., ch. 1217, Sec. 6, eff.

Sept. 1, 1999.