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CHAPTER 1001. DEPARTMENT OF STATE HEALTH SERVICES

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HEALTH AND SAFETY CODETITLE 12. HEALTH AND MENTAL HEALTHCHAPTER 1001. DEPARTMENT OF STATE HEALTH SERVICESSUBCHAPTER A. GENERAL PROVISIONSSec. 1001.001.DEFINITIONS.In this chapter:(1)"Commission" means the Health and Human Services Commission.(2)"Commissioner" means the commissioner of state healthservices.(3)"Council" means the State Health Services Council.(4)"Department" means the Department of State Health Services.(5)"Executive commissioner" means the executive commissioner ofthe Health and Human Services Commission.Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.Sec. 1001.002.AGENCY.The department is an agency of thestate.Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.Sec. 1001.003.SUNSET PROVISION.The Department of State HealthServices is subject to Chapter 325, Government Code (Texas SunsetAct).Unless continued in existence as provided by that chapter,the department is abolished and this chapter expires September 1,2013.Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.Amended by:Acts 2007, 80th Leg., R.S., Ch.928, Sec. 3.03, eff. June 15, 2007.Acts 2009, 81st Leg., 1st C.S., Ch.2, Sec. 2.09, eff. July 10, 2009.SUBCHAPTER B. ADMINISTRATIVE PROVISIONSSec. 1001.021.STATE HEALTH SERVICES COUNCIL.(a)The StateHealth Services Council is created to assist the commissioner indeveloping rules and policies for the department.(b)The council is composed of nine members of the publicappointed by the governor with the advice and consent of thesenate. To be eligible for appointment to the council, a personmust have demonstrated an interest in and knowledge of problemsand available services related to public health, mental health,or substance abuse.(c)The council shall study and make recommendations to theexecutive commissioner and the commissioner regarding themanagement and operation of the department, including policiesand rules governing the delivery of services to persons who areserved by the department and the rights and duties of persons whoare served or regulated by the department.(d)Chapter 551, Government Code, applies to the council.(e)Chapter 2110, Government Code, does not apply to thecouncil.(f)A majority of the members of the council constitute a quorumfor the transaction of business.Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.Sec. 1001.022.APPOINTMENTS.(a)Appointments to the councilshall be made without regard to the race, color, disability, sex,religion, age, or national origin of the appointees.(b)Appointments to the council shall be made so that eachgeographic area of the state is represented on the council.Notwithstanding Subsection (a), appointments to the council mustreflect the ethnic diversity of this state.Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.Sec. 1001.023.TRAINING PROGRAM FOR COUNCIL MEMBERS.(a)Aperson who is appointed as a member of the council may not vote,deliberate, or be counted as a member in attendance at a meetingof the council until the person completes a training program thatcomplies with this section.(b)The training program must provide the person withinformation regarding:(1)the legislation that created the department and the council;(2)the programs operated by the department;(3)the role and functions of the department and the council,including detailed information regarding:(A)the division of authority and of responsibility between thecommissioner and the executive commissioner; and(B)the advisory responsibilities of the council;(4)the rules of the executive commissioner applicable to thedepartment, with an emphasis on the rules that relate todisciplinary and investigatory authority;(5)the current budget for the department;(6)the results of the most recent formal audit of thedepartment;(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, GovernmentCode; and(D)other laws relating to public officials, includingconflict-of-interest laws; and(8)any applicable ethics policies adopted by the executivecommissioner or the Texas Ethics Commission.Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.Sec. 1001.024.TERMS.(a)Council members serve for staggeredsix-year terms with the terms of three members expiring February1 of each odd-numbered year.(b)A member of the council may not serve more than twoconsecutive full terms as a council member.Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.Sec. 1001.025.VACANCY.The governor by appointment shall fillthe unexpired term of a vacancy on the council.Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.Sec. 1001.026.PRESIDING OFFICER; OTHER OFFICERS; MEETINGS.(a)The governor shall designate a member of the council as thepresiding officer to serve in that capacity at the pleasure ofthe governor.(b)The members of the council shall elect any other necessaryofficers.(c)The council shall meet quarterly and at other times at thecall of the presiding officer. The council may hold meetings indifferent areas of the state.Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.Sec. 1001.027.REIMBURSEMENT FOR EXPENSES.A council member maynot receive compensation for service as a member of the councilbut is entitled to reimbursement for travel expenses incurred bythe member while conducting the business of the council asprovided by the General Appropriations Act.Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.Sec. 1001.028.PUBLIC INTEREST INFORMATION AND COMPLAINTS.(a)The commissioner, with the advice of the council, shall prepareinformation of public interest describing the functions of thedepartment and the procedures by which complaints are filed withand resolved by the department. The commission shall make theinformation available to the public and appropriate stategovernmental entities.(b)The executive commissioner by rule shall establish methodsby which consumers and service recipients are notified of thename, mailing address, and telephone number of the department fordirecting complaints to the department.Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.Sec. 1001.029.PUBLIC ACCESS AND TESTIMONY.(a)Thecommissioner shall develop and implement policies that providethe public with a reasonable opportunity to appear before thecommissioner and to speak on any issue under the jurisdiction ofthe department.(b)The commissioner shall grant an opportunity for a publichearing before the council makes recommendations to thecommissioner regarding a substantive rule if a public hearing isrequested by:(1)at least 25 persons;(2)a governmental entity; or(3)an association with at least 25 members.(c)The executive commissioner shall consider fully all writtenand oral submissions about a proposed rule.Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.Sec. 1001.030.POLICYMAKING AND MANAGEMENT RESPONSIBILITIES.The commissioner, with the advice of the council and subject tothe approval of the executive commissioner, shall develop and thedepartment shall implement policies that clearly delineate thepolicymaking responsibilities of the executive commissioner fromthe management responsibilities of the commission, thecommissioner, and the staff of the department.Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.Sec. 1001.031.ANNUAL REPORT.(a)The commissioner shall fileannually with the governor, the presiding officer of each houseof the legislature, and the executive commissioner a complete anddetailed written report accounting for all funds received anddisbursed by the department during the preceding fiscal year.(b)The annual report must be in the form and be reported in thetime provided by the General Appropriations Act.Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.Sec. 1001.032.OFFICES.The department shall maintain itscentral office in Austin. The department may maintain offices inother areas of the state as necessary.Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.Sec. 1001.033.REPORT TO SECRETARY OF STATE.(a)In thissection, "colonia" means a geographic area that:(1)is an economically distressed area as defined by Section17.921, Water Code;(2)is located in a county any part of which is within 62 milesof an international border; and(3)consists of 11 or more dwellings that are located in closeproximity to each other in an area that may be described as acommunity or neighborhood.(b)To assist the secretary of state in preparing the reportrequired under Section 405.021, Government Code, the commissioneron a quarterly basis shall provide a report to the secretary ofstate detailing any projects funded by the department thatprovide assistance to colonias.(c)The report must include:(1)a description of any relevant projects;(2)the location of each project;(3)the number of colonia residents served by each project;(4)the exact amount spent or the anticipated amount to be spenton each colonia served by each project;(5)a statement of whether each project is completed and, ifnot, the expected completion date of the project; and(6)any other information, as determined appropriate by thesecretary of state.(d)The commission shall require an applicant for fundsadministered by the commission to submit to the commission acolonia classification number, if one exists, for each coloniathat may be served by the project proposed in the application.If a colonia does not have a classification number, thecommission may contact the secretary of state or the secretary ofstate's representative to obtain the classification number.Onrequest of the commission, the secretary of state or thesecretary of state's representative shall assign a classificationnumber to the colonia.Added by Acts 2005, 79th Leg., Ch.828, Sec. 5, eff. September 1, 2005.Amended by:Acts 2007, 80th Leg., R.S., Ch.341, Sec. 16, eff. June 15, 2007.SUBCHAPTER C. PERSONNELSec. 1001.051.COMMISSIONER.(a)The executive commissionershall appoint a commissioner of the department with the approvalof the governor. The commissioner is to be selected according toeducation, training, experience, and demonstrated ability.(b)The commissioner serves at the pleasure of the executivecommissioner.(c)Subject to the control of the executive commissioner, thecommissioner shall act as the department's chief administrativeofficer and as a liaison between the department and commission.(d)The commissioner shall administer this chapter underoperational policies established by the executive commissionerand in accordance with the memorandum of understanding underSection 531.0055(k), Government Code, between the commissionerand the executive commissioner, as adopted by rule.Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.Sec. 1001.052.PERSONNEL.(a)The department may employ,compensate, and prescribe the duties of personnel necessary andsuitable to administer this chapter.(b)The executive commissioner shall prepare and by rule adoptpersonnel standards.(c)A personnel position may be filled only by an individualselected and appointed on a nonpartisan merit basis.(d)The commissioner, with the advice of the council, shalldevelop and the department shall implement policies that clearlydefine the responsibilities of the staff of the department.Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.Sec. 1001.053.INFORMATION ABOUT QUALIFICATIONS AND STANDARDS OFCONDUCT.The commissioner or the commissioner's designee shallprovide to department employees, as often as necessary,information regarding the requirements for employment under thischapter or rules adopted by the executive commissioner, includinginformation regarding a person's responsibilities underapplicable laws relating to standards of conduct for stateemployees.Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.Sec. 1001.054.MERIT PAY.Subject to rules adopted by theexecutive commissioner, the commissioner or the commissioner'sdesignee shall develop a system of annual performanceevaluations. All merit pay for department employees must be givenunder the system established under this section or under rulesadopted by the executive commissioner.Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.Sec. 1001.055.CAREER LADDER.The commissioner or thecommissioner's designee shall develop an intra-agency careerladder program. The program must require intra-agency postings ofall nonentry-level positions concurrently with any publicposting.Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.Sec. 1001.056.EQUAL EMPLOYMENT OPPORTUNITY POLICY.(a)Subject to rules adopted by the executive commissioner, thecommissioner or the commissioner's designee shall prepare andmaintain a written policy statement that implements a program ofequal employment opportunity to ensure that all personneldecisions are made without regard to race, color, disability,sex, religion, age, or national origin.(b)Unless the following are included in a policy statementadopted by the executive commissioner that is applicable to thedepartment, the policy statement must include:(1)personnel policies, including policies relating torecruitment, evaluation, selection, training, and promotion ofpersonnel, that show the intent of the department to avoid theunlawful employment practices described by Chapter 21, LaborCode; and(2)an analysis of the extent to which the composition of thedepartment's personnel is in accordance with state and federallaw and a description of reasonable methods to achieve compliancewith state and federal law.(c)The policy statement must be:(1)updated annually;(2)reviewed by the state Commission on Human Rights forcompliance with Subsection (b)(1); and(3)filed with the governor's office.Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.SUBCHAPTER D. POWERS AND DUTIES OF DEPARTMENTSec. 1001.071.GENERAL POWERS AND DUTIES OF DEPARTMENT RELATEDTO HEALTH CARE.The department is responsible for administeringhuman services programs regarding the public health, including:(1)implementing the state's public health care deliveryprograms under the authority of the department;(2)administering state health facilities, hospitals, and healthcare systems;(3)developing and providing health care services, as directedby law;(4)providing for the prevention and control of communicablediseases;(5)providing public education on health-related matters, asdirected by law;(6)compiling and reporting health-related information, asdirected by law;(7)acting as the lead agency for implementation of statepolicies regarding the human immunodeficiency virus and acquiredimmunodeficiency syndrome and administering programs related tothe human immunodeficiency virus and acquired immunodeficiencysyndrome;(8)investigating the causes of injuries and methods ofprevention;(9)administering a grant program to provide appropriated moneyto counties, municipalities, public health districts, and otherpolitical subdivisions for their use to provide or pay foressential public health services;(10)administering the registration of vital statistics;(11)licensing, inspecting, and enforcing regulations regardinghealth facilities, other than long-term care facilities regulatedby the Department of Aging and Disability Services;(12)implementing established standards and procedures for themanagement and control of sanitation and for health protectionmeasures;(13)enforcing regulations regarding radioactive materials;(14)enforcing regulations regarding food, bottled and vendeddrinking water, drugs, cosmetics, and health devices;(15)enforcing regulations regarding food serviceestablishments, retail food stores, mobile food units, androadside food vendors; and(16)enforcing regulations controlling hazardous substances inhouseholds and workplaces.Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.Sec. 1001.0711.SCHOOL HEALTH ADVISORY COMMITTEE.(a)Thecommission by rule shall establish a School Health AdvisoryCommittee at the department to provide assistance to the councilin establishing a leadership role for the department in supportfor and delivery of coordinated school health programs and schoolhealth services.(b)The committee shall include at least:(1)one representative from the Department of Agriculture,appointed by the commissioner of agriculture; and(2)one representative from the Texas Education Agency,appointed by the commissioner of education.(c)Section 2110.008, Government Code, does not apply to acommittee created under this section.Added by Acts 2005, 79th Leg., Ch.784, Sec. 9, eff. June 17, 2005.Sec. 1001.072.GENERAL POWERS AND DUTIES OF DEPARTMENT RELATEDTO MENTAL HEALTH.The department is responsible foradministering human services programs regarding mental health,including:(1)administering and coordinating mental health services at thelocal and state level;(2)operating the state's mental health facilities; and(3)inspecting, licensing, and enforcing regulations regardingmental health facilities, other than long-term care facilitiesregulated by the Department of Aging and Disability Services.Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.Sec. 1001.073.GENERAL POWERS AND DUTIES OF DEPARTMENT RELATEDTO SUBSTANCE ABUSE.The department is responsible foradministering human services programs regarding substance abuse,including:(1)administering, coordinating, and contracting for thedelivery of substance abuse prevention and treatment programs atthe state and local level;(2)inspecting, licensing, and enforcing regulations regardingsubstance abuse treatment facilities; and(3)providing public education on substance abuse issues, asdirected by law.Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.Sec. 1001.074.INFORMATION REGARDING COMPLAINTS.(a)Thedepartment shall maintain a file on each written complaint filedwith 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 thecomplaint;(5)a summary of the results of the review or investigation ofthe complaint; and(6)an explanation of the reason the file was closed, if thedepartment closed the file without taking action other than toinvestigate the complaint.(b)The department shall provide to the person filing thecomplaint and to each person who is a subject of the complaint acopy of the executive commissioner's and the department'spolicies and procedures relating to complaint investigation andresolution.(c)The department, at least quarterly until final dispositionof the complaint, shall notify the person filing the complaintand each person who is a subject of the complaint of the statusof the investigation unless the notice would jeopardize anundercover investigation.Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.Sec. 1001.075.RULES.The executive commissioner may adoptrules reasonably necessary for the department to administer thischapter, consistent with the memorandum of understanding underSection 531.0055(k), Government Code, between the commissionerand the executive commissioner, as adopted by rule.Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.Sec. 1001.076.MENTAL HEALTH PROGRAM FOR VETERANS.(a)In thissection, "veteran" means a person who:(1)has served in:(A)the army, navy, air force, coast guard, or marine corps ofthe United States;(B)the state military forces as defined by Section 431.001,Government Code; or(C)an auxiliary service of one of those branches of the armedforces; and(2)has been honorably discharged from the branch of the servicein which the person served.(b)The department shall develop a mental health interventionprogram for veterans.The program must provide for peer-to-peercounseling.(c)The department shall solicit and train volunteers to providethe peer-to-peer counseling.Added by Acts 2009, 81st Leg., R.S., Ch.525, Sec. 1, eff. June 19, 2009.SUBCHAPTER F. TEXAS MEDICAL CHILD ABUSE RESOURCES AND EDUCATIONSYSTEM (MEDCARES)Text of subchapter effective on September 1, 2009, but only if aspecific appropriation is provided as described by Acts 2009,81st Leg., R.S., Ch. 1238, Sec. 7(f), which states: This sectiondoes not make an appropriation. This section takes effect only ifa specific appropriation for the implementation of the section isprovided in a general appropriations act of the 81st Legislature.Sec. 1001.151.TEXAS MEDICAL CHILD ABUSE RESOURCES AND EDUCATIONSYSTEM GRANT PROGRAM.(a)The department shall establish theTexas Medical Child Abuse Resources and Education System(MEDCARES) grant program to award grants for the purpose ofdeveloping and supporting regional programs to improve theassessment, diagnosis, and treatment of child abuse and neglectas described by the report submitted to the 80th Legislature bythe committee on pediatric centers of excellence relating toabuse and neglect in accordance with Section 266.0031, FamilyCode, as added by Chapter 1406 (S.B. 758), Acts of the 80thLegislature, Regular Session, 2007.(b)The department may award grants to hospitals or academichealth centers with expertise in pediatric health care and ademonstrated commitment to developing basic and advanced programsand centers of excellence for the assessment, diagnosis, andtreatment of child abuse and neglect.(c)The department shall encourage collaboration among grantrecipients in the development of program services and activities.Added by Acts 2009, 81st Leg., R.S., Ch.1238, Sec. 7(a), eff. September 1, 2009.Sec. 1001.152.USE OF GRANT.A grant awarded under thissubchapter may be used to support:(1)comprehensive medical evaluations, psychosocial assessments,treatment services, and written and photographic documentation ofabuse;(2) education and training for health professionals, includingphysicians, medical students, resident physicians, child abusefellows, and nurses, relating to the assessment, diagnosis, andtreatment of child abuse and neglect;(3)education and training for community agencies involved withchild abuse and neglect, law enforcement officials, childprotective services staff, and children's advocacy centersinvolved with child abuse and neglect;(4)medical case reviews and consultations and testimonyregarding those reviews and consultations;(5)research, data collection, and quality assurance activities,including the development of evidence-based guidelines andprotocols for the prevention, evaluation, and treatment of childabuse and neglect;(6)the use of telemedicine and other means to extend servicesfrom regional programs into underserved areas; and(7)other necessary activities, services, supplies, facilities,and equipment as determined by the department.Added by Acts 2009, 81st Leg., R.S., Ch.1238, Sec. 7(a), eff. September 1, 2009.Sec. 1001.153.MEDCARES ADVISORY COMMITTEE.The executivecommissioner shall establish an advisory committee to advise thedepartment and the executive commissioner in establishing rulesand priorities for the use of grant funds awarded through theprogram.The advisory committee is composed of the followingnine members:(1)the state Medicaid director or the state Medicaid director'sdesignee;(2)the medical director for the Department of Family andProtective Services or the medical director's designee; and(3)as appointed by the executive commissioner:(A)two pediatricians with expertise in child abuse or neglect;(B)a nurse with expertise in child abuse or neglect;(C)a representative of a pediatric residency training program;(D)a representative of a children's hospital;(E)a representative of a children's advocacy center; and(F)a member of the Governor's EMS and Trauma Advisory Council.Added by Acts 2009, 81st Leg., R.S., Ch.1238, Sec. 7(a), eff. September 1, 2009.Sec. 1001.154.GIFTS AND GRANTS.The department may solicit andaccept gifts, grants, and donations from any public or privatesource for the purposes of this subchapter.Added by Acts 2009, 81st Leg., R.S., Ch.1238, Sec. 7(a), eff. September 1, 2009.Sec. 1001.155.REQUIRED REPORT.Not later than December 1 ofeach even-numbered year, the department, with the assistance ofthe advisory committee established under this subchapter, shallsubmit a report to the governor and the legislature regarding thegrant activities of the program and grant recipients, includingthe results and outcomes of grants provided under thissubchapter.Added by Acts 2009, 81st Leg., R.S., Ch.1238, Sec. 7(a), eff. September 1, 2009.Sec. 1001.156.RULES.The executive commissioner may adoptrules as necessary to implement this subchapter.Added by Acts 2009, 81st Leg., R.S., Ch.1238, Sec. 7(a), eff. September 1, 2009.Sec. 1001.157.APPROPRIATION REQUIRED.The department is notrequired to award a grant under this subchapter unless thedepartment is specifically appropriated money for purposes ofthis subchapter.Added by Acts 2009, 81st Leg., R.S., Ch.1238, Sec. 7(a), eff. September 1, 2009.
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  • HEALTH AND SAFETY CODE

    TITLE 12. HEALTH AND MENTAL HEALTH

    CHAPTER 1001. DEPARTMENT OF STATE HEALTH SERVICES

    SUBCHAPTER A. GENERAL PROVISIONS

    Sec. 1001.001. DEFINITIONS. In this chapter:

    (1) "Commission" means the Health and Human Services Commission.

    (2) "Commissioner" means the commissioner of state health

    services.

    (3) "Council" means the State Health Services Council.

    (4) "Department" means the Department of State Health Services.

    (5) "Executive commissioner" means the executive commissioner of

    the Health and Human Services Commission.

    Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

    Sec. 1001.002. AGENCY. The department is an agency of the

    state.

    Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

    Sec. 1001.003. SUNSET PROVISION. The Department of State Health

    Services is subject to Chapter 325, Government Code (Texas Sunset

    Act). Unless continued in existence as provided by that chapter,

    the department is abolished and this chapter expires September 1,

    2013.

    Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

    Amended by:

    Acts 2007, 80th Leg., R.S., Ch.

    928, Sec. 3.03, eff. June 15, 2007.

    Acts 2009, 81st Leg., 1st C.S., Ch.

    2, Sec. 2.09, eff. July 10, 2009.

    SUBCHAPTER B. ADMINISTRATIVE PROVISIONS

    Sec. 1001.021. STATE HEALTH SERVICES COUNCIL. (a) The State

    Health Services Council is created to assist the commissioner in

    developing rules and policies for the department.

    (b) The council is composed of nine members of the public

    appointed by the governor with the advice and consent of the

    senate. To be eligible for appointment to the council, a person

    must have demonstrated an interest in and knowledge of problems

    and available services related to public health, mental health,

    or substance abuse.

    (c) The council shall study and make recommendations to the

    executive commissioner and the commissioner regarding the

    management and operation of the department, including policies

    and rules governing the delivery of services to persons who are

    served by the department and the rights and duties of persons who

    are served or regulated by the department.

    (d) Chapter 551, Government Code, applies to the council.

    (e) Chapter 2110, Government Code, does not apply to the

    council.

    (f) A majority of the members of the council constitute a quorum

    for the transaction of business.

    Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

    Sec. 1001.022. APPOINTMENTS. (a) Appointments to the council

    shall be made without regard to the race, color, disability, sex,

    religion, age, or national origin of the appointees.

    (b) Appointments to the council shall be made so that each

    geographic area of the state is represented on the council.

    Notwithstanding Subsection (a), appointments to the council must

    reflect the ethnic diversity of this state.

    Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

    Sec. 1001.023. TRAINING PROGRAM FOR COUNCIL MEMBERS. (a) A

    person who is appointed 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 department and the council;

    (2) the programs operated by the department;

    (3) the role and functions of the department and the council,

    including detailed information regarding:

    (A) the division of authority and of responsibility between the

    commissioner and the executive commissioner; and

    (B) the advisory responsibilities of the council;

    (4) the rules of the executive commissioner applicable to 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 executive

    commissioner or the Texas Ethics Commission.

    Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

    Sec. 1001.024. TERMS. (a) Council members serve for staggered

    six-year terms with the terms of three members expiring February

    1 of each odd-numbered year.

    (b) A member of the council may not serve more than two

    consecutive full terms as a council member.

    Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

    Sec. 1001.025. VACANCY. The governor by appointment shall fill

    the unexpired term of a vacancy on the council.

    Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

    Sec. 1001.026. PRESIDING OFFICER; OTHER OFFICERS; MEETINGS. (a)

    The governor shall designate a member of the council as the

    presiding officer to serve in that capacity at the pleasure of

    the governor.

    (b) The members of the council shall elect any other necessary

    officers.

    (c) The council shall meet quarterly and at other times at the

    call of the presiding officer. The council may hold meetings in

    different areas of the state.

    Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

    Sec. 1001.027. REIMBURSEMENT FOR EXPENSES. A council member may

    not receive compensation for service as a member of the council

    but is entitled to reimbursement for travel expenses incurred by

    the member while conducting the business of the council as

    provided by the General Appropriations Act.

    Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

    Sec. 1001.028. PUBLIC INTEREST INFORMATION AND COMPLAINTS. (a)

    The commissioner, with the advice of the council, shall prepare

    information of public interest describing the functions of the

    department and the procedures by which complaints are filed with

    and resolved by the department. The commission shall make the

    information available to the public and appropriate state

    governmental entities.

    (b) The executive commissioner by rule shall establish methods

    by which consumers and service recipients are notified of the

    name, mailing address, and telephone number of the department for

    directing complaints to the department.

    Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

    Sec. 1001.029. PUBLIC ACCESS AND TESTIMONY. (a) The

    commissioner shall develop and implement policies that provide

    the public with a reasonable opportunity to appear before the

    commissioner and to speak on any issue under the jurisdiction of

    the department.

    (b) The commissioner shall grant an opportunity for a public

    hearing before the council makes recommendations to the

    commissioner regarding a substantive rule if a public hearing is

    requested by:

    (1) at least 25 persons;

    (2) a governmental entity; or

    (3) an association with at least 25 members.

    (c) The executive commissioner shall consider fully all written

    and oral submissions about a proposed rule.

    Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

    Sec. 1001.030. POLICYMAKING AND MANAGEMENT RESPONSIBILITIES.

    The commissioner, with the advice of the council and subject to

    the approval of the executive commissioner, shall develop and the

    department shall implement policies that clearly delineate the

    policymaking responsibilities of the executive commissioner from

    the management responsibilities of the commission, the

    commissioner, and the staff of the department.

    Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

    Sec. 1001.031. ANNUAL REPORT. (a) The commissioner shall file

    annually with the governor, the presiding officer of each house

    of the legislature, and the executive commissioner a complete and

    detailed written report accounting for all funds received and

    disbursed by the department during the preceding fiscal year.

    (b) The annual report must be in the form and be reported in the

    time provided by the General Appropriations Act.

    Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

    Sec. 1001.032. OFFICES. The department shall maintain its

    central office in Austin. The department may maintain offices in

    other areas of the state as necessary.

    Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

    Sec. 1001.033. REPORT TO SECRETARY OF STATE. (a) In this

    section, "colonia" means a geographic area that:

    (1) is an economically distressed area as defined by Section

    17.921, Water Code;

    (2) is located in a county any part of which is within 62 miles

    of an international border; and

    (3) consists of 11 or more dwellings that are located in close

    proximity to each other in an area that may be described as a

    community or neighborhood.

    (b) To assist the secretary of state in preparing the report

    required under Section 405.021, Government Code, the commissioner

    on a quarterly basis shall provide a report to the secretary of

    state detailing any projects funded by the department that

    provide assistance to colonias.

    (c) The report must include:

    (1) a description of any relevant projects;

    (2) the location of each project;

    (3) the number of colonia residents served by each project;

    (4) the exact amount spent or the anticipated amount to be spent

    on each colonia served by each project;

    (5) a statement of whether each project is completed and, if

    not, the expected completion date of the project; and

    (6) any other information, as determined appropriate by the

    secretary of state.

    (d) The commission shall require an applicant for funds

    administered by the commission to submit to the commission a

    colonia classification number, if one exists, for each colonia

    that may be served by the project proposed in the application.

    If a colonia does not have a classification number, the

    commission may contact the secretary of state or the secretary of

    state's representative to obtain the classification number. On

    request of the commission, the secretary of state or the

    secretary of state's representative shall assign a classification

    number to the colonia.

    Added by Acts 2005, 79th Leg., Ch.

    828, Sec. 5, eff. September 1, 2005.

    Amended by:

    Acts 2007, 80th Leg., R.S., Ch.

    341, Sec. 16, eff. June 15, 2007.

    SUBCHAPTER C. PERSONNEL

    Sec. 1001.051. COMMISSIONER. (a) The executive commissioner

    shall appoint a commissioner of the department with the approval

    of the governor. The commissioner is to be selected according to

    education, training, experience, and demonstrated ability.

    (b) The commissioner serves at the pleasure of the executive

    commissioner.

    (c) Subject to the control of the executive commissioner, the

    commissioner shall act as the department's chief administrative

    officer and as a liaison between the department and commission.

    (d) The commissioner shall administer this chapter under

    operational policies established by the executive commissioner

    and in accordance with the memorandum of understanding under

    Section 531.0055(k), Government Code, between the commissioner

    and the executive commissioner, as adopted by rule.

    Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

    Sec. 1001.052. PERSONNEL. (a) The department may employ,

    compensate, and prescribe the duties of personnel necessary and

    suitable to administer this chapter.

    (b) The executive commissioner shall prepare and by rule adopt

    personnel standards.

    (c) A personnel position may be filled only by an individual

    selected and appointed on a nonpartisan merit basis.

    (d) The commissioner, with the advice of the council, shall

    develop and the department shall implement policies that clearly

    define the responsibilities of the staff of the department.

    Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

    Sec. 1001.053. INFORMATION ABOUT QUALIFICATIONS AND STANDARDS OF

    CONDUCT. The commissioner or the commissioner's designee shall

    provide to department employees, as often as necessary,

    information regarding the requirements for employment under this

    chapter or rules adopted by the executive commissioner, including

    information regarding a person's responsibilities under

    applicable laws relating to standards of conduct for state

    employees.

    Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

    Sec. 1001.054. MERIT PAY. Subject to rules adopted by the

    executive commissioner, the commissioner or the commissioner's

    designee shall develop a system of annual performance

    evaluations. All merit pay for department employees must be given

    under the system established under this section or under rules

    adopted by the executive commissioner.

    Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

    Sec. 1001.055. CAREER LADDER. The commissioner or the

    commissioner's designee shall develop an intra-agency career

    ladder program. The program must require intra-agency postings of

    all nonentry-level positions concurrently with any public

    posting.

    Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

    Sec. 1001.056. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a)

    Subject to rules adopted by the executive commissioner, the

    commissioner or the commissioner's designee shall prepare and

    maintain a written policy statement that implements a program of

    equal employment opportunity to ensure that all personnel

    decisions are made without regard to race, color, disability,

    sex, religion, age, or national origin.

    (b) Unless the following are included in a policy statement

    adopted by the executive commissioner that is applicable to the

    department, the policy statement must include:

    (1) personnel policies, including policies relating to

    recruitment, evaluation, selection, training, and promotion of

    personnel, that show the intent of the department to avoid the

    unlawful employment practices described by Chapter 21, Labor

    Code; and

    (2) an analysis of the extent to which the composition of the

    department's personnel is in accordance with state and federal

    law and a description of reasonable methods to achieve compliance

    with state and federal law.

    (c) The policy statement must be:

    (1) updated annually;

    (2) reviewed by the state Commission on Human Rights for

    compliance with Subsection (b)(1); and

    (3) filed with the governor's office.

    Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

    SUBCHAPTER D. POWERS AND DUTIES OF DEPARTMENT

    Sec. 1001.071. GENERAL POWERS AND DUTIES OF DEPARTMENT RELATED

    TO HEALTH CARE. The department is responsible for administering

    human services programs regarding the public health, including:

    (1) implementing the state's public health care delivery

    programs under the authority of the department;

    (2) administering state health facilities, hospitals, and health

    care systems;

    (3) developing and providing health care services, as directed

    by law;

    (4) providing for the prevention and control of communicable

    diseases;

    (5) providing public education on health-related matters, as

    directed by law;

    (6) compiling and reporting health-related information, as

    directed by law;

    (7) acting as the lead agency for implementation of state

    policies regarding the human immunodeficiency virus and acquired

    immunodeficiency syndrome and administering programs related to

    the human immunodeficiency virus and acquired immunodeficiency

    syndrome;

    (8) investigating the causes of injuries and methods of

    prevention;

    (9) administering a grant program to provide appropriated money

    to counties, municipalities, public health districts, and other

    political subdivisions for their use to provide or pay for

    essential public health services;

    (10) administering the registration of vital statistics;

    (11) licensing, inspecting, and enforcing regulations regarding

    health facilities, other than long-term care facilities regulated

    by the Department of Aging and Disability Services;

    (12) implementing established standards and procedures for the

    management and control of sanitation and for health protection

    measures;

    (13) enforcing regulations regarding radioactive materials;

    (14) enforcing regulations regarding food, bottled and vended

    drinking water, drugs, cosmetics, and health devices;

    (15) enforcing regulations regarding food service

    establishments, retail food stores, mobile food units, and

    roadside food vendors; and

    (16) enforcing regulations controlling hazardous substances in

    households and workplaces.

    Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

    Sec. 1001.0711. SCHOOL HEALTH ADVISORY COMMITTEE. (a) The

    commission by rule shall establish a School Health Advisory

    Committee at the department to provide assistance to the council

    in establishing a leadership role for the department in support

    for and delivery of coordinated school health programs and school

    health services.

    (b) The committee shall include at least:

    (1) one representative from the Department of Agriculture,

    appointed by the commissioner of agriculture; and

    (2) one representative from the Texas Education Agency,

    appointed by the commissioner of education.

    (c) Section 2110.008, Government Code, does not apply to a

    committee created under this section.

    Added by Acts 2005, 79th Leg., Ch.

    784, Sec. 9, eff. June 17, 2005.

    Sec. 1001.072. GENERAL POWERS AND DUTIES OF DEPARTMENT RELATED

    TO MENTAL HEALTH. The department is responsible for

    administering human services programs regarding mental health,

    including:

    (1) administering and coordinating mental health services at the

    local and state level;

    (2) operating the state's mental health facilities; and

    (3) inspecting, licensing, and enforcing regulations regarding

    mental health facilities, other than long-term care facilities

    regulated by the Department of Aging and Disability Services.

    Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

    Sec. 1001.073. GENERAL POWERS AND DUTIES OF DEPARTMENT RELATED

    TO SUBSTANCE ABUSE. The department is responsible for

    administering human services programs regarding substance abuse,

    including:

    (1) administering, coordinating, and contracting for the

    delivery of substance abuse prevention and treatment programs at

    the state and local level;

    (2) inspecting, licensing, and enforcing regulations regarding

    substance abuse treatment facilities; and

    (3) providing public education on substance abuse issues, as

    directed by law.

    Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

    Sec. 1001.074. INFORMATION REGARDING COMPLAINTS. (a) The

    department shall maintain a file on each written complaint filed

    with 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.

    (b) The department shall provide to the person filing the

    complaint and to each person who is a subject of the complaint a

    copy of the executive commissioner's and the department's

    policies and procedures relating to complaint investigation and

    resolution.

    (c) The department, at least quarterly until final disposition

    of the complaint, shall notify the person filing the complaint

    and each person who is a subject of the complaint of the status

    of the investigation unless the notice would jeopardize an

    undercover investigation.

    Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

    Sec. 1001.075. RULES. The executive commissioner may adopt

    rules reasonably necessary for the department to administer this

    chapter, consistent with the memorandum of understanding under

    Section 531.0055(k), Government Code, between the commissioner

    and the executive commissioner, as adopted by rule.

    Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.

    Sec. 1001.076. MENTAL HEALTH PROGRAM FOR VETERANS. (a) In this

    section, "veteran" means a person who:

    (1) has served in:

    (A) the army, navy, air force, coast guard, or marine corps of

    the United States;

    (B) the state military forces as defined by Section 431.001,

    Government Code; or

    (C) an auxiliary service of one of those branches of the armed

    forces; and

    (2) has been honorably discharged from the branch of the service

    in which the person served.

    (b) The department shall develop a mental health intervention

    program for veterans. The program must provide for peer-to-peer

    counseling.

    (c) The department shall solicit and train volunteers to provide

    the peer-to-peer counseling.

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

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

    SUBCHAPTER F. TEXAS MEDICAL CHILD ABUSE RESOURCES AND EDUCATION

    SYSTEM (MEDCARES)

    Text of subchapter effective on September 1, 2009, but only if a

    specific appropriation is provided as described by Acts 2009,

    81st Leg., R.S., Ch. 1238, Sec. 7(f), which states: This section

    does not make an appropriation. This section takes effect only if

    a specific appropriation for the implementation of the section is

    provided in a general appropriations act of the 81st Legislature.

    Sec. 1001.151. TEXAS MEDICAL CHILD ABUSE RESOURCES AND EDUCATION

    SYSTEM GRANT PROGRAM. (a) The department shall establish the

    Texas Medical Child Abuse Resources and Education System

    (MEDCARES) grant program to award grants for the purpose of

    developing and supporting regional programs to improve the

    assessment, diagnosis, and treatment of child abuse and neglect

    as described by the report submitted to the 80th Legislature by

    the committee on pediatric centers of excellence relating to

    abuse and neglect in accordance with Section 266.0031, Family

    Code, as added by Chapter 1406 (S.B. 758), Acts of the 80th

    Legislature, Regular Session, 2007.

    (b) The department may award grants to hospitals or academic

    health centers with expertise in pediatric health care and a

    demonstrated commitment to developing basic and advanced programs

    and centers of excellence for the assessment, diagnosis, and

    treatment of child abuse and neglect.

    (c) The department shall encourage collaboration among grant

    recipients in the development of program services and activities.

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

    1238, Sec. 7(a), eff. September 1, 2009.

    Sec. 1001.152. USE OF GRANT. A grant awarded under this

    subchapter may be used to support:

    (1) comprehensive medical evaluations, psychosocial assessments,

    treatment services, and written and photographic documentation of

    abuse;

    (2) education and training for health professionals, including

    physicians, medical students, resident physicians, child abuse

    fellows, and nurses, relating to the assessment, diagnosis, and

    treatment of child abuse and neglect;

    (3) education and training for community agencies involved with

    child abuse and neglect, law enforcement officials, child

    protective services staff, and children's advocacy centers

    involved with child abuse and neglect;

    (4) medical case reviews and consultations and testimony

    regarding those reviews and consultations;

    (5) research, data collection, and quality assurance activities,

    including the development of evidence-based guidelines and

    protocols for the prevention, evaluation, and treatment of child

    abuse and neglect;

    (6) the use of telemedicine and other means to extend services

    from regional programs into underserved areas; and

    (7) other necessary activities, services, supplies, facilities,

    and equipment as determined by the department.

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

    1238, Sec. 7(a), eff. September 1, 2009.

    Sec. 1001.153. MEDCARES ADVISORY COMMITTEE. The executive

    commissioner shall establish an advisory committee to advise the

    department and the executive commissioner in establishing rules

    and priorities for the use of grant funds awarded through the

    program. The advisory committee is composed of the following

    nine members:

    (1) the state Medicaid director or the state Medicaid director's

    designee;

    (2) the medical director for the Department of Family and

    Protective Services or the medical director's designee; and

    (3) as appointed by the executive commissioner:

    (A) two pediatricians with expertise in child abuse or neglect;

    (B) a nurse with expertise in child abuse or neglect;

    (C) a representative of a pediatric residency training program;

    (D) a representative of a children's hospital;

    (E) a representative of a children's advocacy center; and

    (F) a member of the Governor's EMS and Trauma Advisory Council.

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

    1238, Sec. 7(a), eff. September 1, 2009.

    Sec. 1001.154. GIFTS AND GRANTS. The department may solicit and

    accept gifts, grants, and donations from any public or private

    source for the purposes of this subchapter.

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

    1238, Sec. 7(a), eff. September 1, 2009.

    Sec. 1001.155. REQUIRED REPORT. Not later than December 1 of

    each even-numbered year, the department, with the assistance of

    the advisory committee established under this subchapter, shall

    submit a report to the governor and the legislature regarding the

    grant activities of the program and grant recipients, including

    the results and outcomes of grants provided under this

    subchapter.

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

    1238, Sec. 7(a), eff. September 1, 2009.

    Sec. 1001.156. RULES. The executive commissioner may adopt

    rules as necessary to implement this subchapter.

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

    1238, Sec. 7(a), eff. September 1, 2009.

    Sec. 1001.157. APPROPRIATION REQUIRED. The department is not

    required to award a grant under this subchapter unless the

    department is specifically appropriated money for purposes of

    this subchapter.

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

    1238, Sec. 7(a), eff. September 1, 2009.

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