State Codes and Statutes
Statutes > Texas > Occupations-code > Title-3-health-professions > Chapter-553-executive-director-and-other-board-personnel
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE J. PHARMACY AND PHARMACISTS
CHAPTER 553. EXECUTIVE DIRECTOR AND OTHER BOARD PERSONNEL
Sec. 553.001. EXECUTIVE DIRECTOR. The board shall employ an
executive director.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 553.002. QUALIFICATIONS OF EXECUTIVE DIRECTOR. The
executive director must be a pharmacist.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 553.003. GENERAL DUTIES OF EXECUTIVE DIRECTOR. (a) The
executive director is an ex officio member of the board without
vote.
(b) The executive director is a full-time employee of the board
and shall:
(1) serve as secretary to the board; and
(2) perform the regular administrative functions of the board
and any other duty as the board directs.
(c) The executive director may not perform a discretionary or
decision-making function for which the board is solely
responsible.
(d) The executive director shall keep the seal of the board. The
executive director may affix the seal only in the manner
prescribed by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 553.004. PERSONNEL. The board may employ persons in
positions or capacities the board considers necessary to properly
conduct the board's business and fulfill the board's
responsibilities under this subtitle.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 553.005. EMPLOYEE RESTRICTIONS. (a) A person may not be
an employee of the board 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.), 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.
(b) A person may not act as 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 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1345, Sec. 7, eff. September 1, 2005.
Sec. 553.006. POSSESSION BY EMPLOYEE OF REGULATED SUBSTANCE. A
board employee may possess a dangerous drug or controlled
substance when acting in the employee's official capacity.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 553.007. DIVISION OF RESPONSIBILITIES. The board shall
develop and implement policies that clearly define the
responsibilities of the board and the staff of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 553.008. QUALIFICATIONS AND STANDARDS OF CONDUCT
INFORMATION. The board shall provide, as often as necessary, to
its members and employees information regarding their:
(1) qualifications for office or employment under this subtitle;
and
(2) responsibilities under applicable laws relating to standards
of conduct for state officers or employees.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 553.009. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.
(a) The executive director or the executive director'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.
(b) The executive director or the executive director's designee
shall develop a system of annual performance evaluations. All
merit pay for board employees must be based on the system
established under this subsection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 553.010. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a)
The executive director or the executive director's designee shall
prepare and maintain a written policy statement to ensure
implementation of an equal employment opportunity program under
which all personnel transactions are made without regard to race,
color, disability, sex, religion, age, or national origin. The
policy statement must include:
(1) personnel policies, including policies related to
recruitment, evaluation, selection, appointment, training, and
promotion of personnel that are in compliance with Chapter 21,
Labor Code;
(2) a comprehensive analysis of the board workforce that meets
federal and state guidelines;
(3) procedures by which a determination can be made of
significant underuse in the board workforce of all persons for
whom federal or state guidelines encourage a more equitable
balance; and
(4) reasonable methods to appropriately address those areas of
significant underuse.
(b) A policy statement prepared under Subsection (a) must:
(1) cover an annual period;
(2) be updated annually;
(3) be reviewed by the Commission on Human Rights for compliance
with Subsection (a)(1); and
(4) be filed with the governor.
(c) The governor shall deliver a biennial report to the
legislature based on the information received under Subsection
(b). The report may be made separately or as a part of other
biennial reports made to the legislature.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
State Codes and Statutes
Statutes > Texas > Occupations-code > Title-3-health-professions > Chapter-553-executive-director-and-other-board-personnel
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE J. PHARMACY AND PHARMACISTS
CHAPTER 553. EXECUTIVE DIRECTOR AND OTHER BOARD PERSONNEL
Sec. 553.001. EXECUTIVE DIRECTOR. The board shall employ an
executive director.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 553.002. QUALIFICATIONS OF EXECUTIVE DIRECTOR. The
executive director must be a pharmacist.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 553.003. GENERAL DUTIES OF EXECUTIVE DIRECTOR. (a) The
executive director is an ex officio member of the board without
vote.
(b) The executive director is a full-time employee of the board
and shall:
(1) serve as secretary to the board; and
(2) perform the regular administrative functions of the board
and any other duty as the board directs.
(c) The executive director may not perform a discretionary or
decision-making function for which the board is solely
responsible.
(d) The executive director shall keep the seal of the board. The
executive director may affix the seal only in the manner
prescribed by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 553.004. PERSONNEL. The board may employ persons in
positions or capacities the board considers necessary to properly
conduct the board's business and fulfill the board's
responsibilities under this subtitle.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 553.005. EMPLOYEE RESTRICTIONS. (a) A person may not be
an employee of the board 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.), 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.
(b) A person may not act as 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 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1345, Sec. 7, eff. September 1, 2005.
Sec. 553.006. POSSESSION BY EMPLOYEE OF REGULATED SUBSTANCE. A
board employee may possess a dangerous drug or controlled
substance when acting in the employee's official capacity.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 553.007. DIVISION OF RESPONSIBILITIES. The board shall
develop and implement policies that clearly define the
responsibilities of the board and the staff of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 553.008. QUALIFICATIONS AND STANDARDS OF CONDUCT
INFORMATION. The board shall provide, as often as necessary, to
its members and employees information regarding their:
(1) qualifications for office or employment under this subtitle;
and
(2) responsibilities under applicable laws relating to standards
of conduct for state officers or employees.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 553.009. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.
(a) The executive director or the executive director'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.
(b) The executive director or the executive director's designee
shall develop a system of annual performance evaluations. All
merit pay for board employees must be based on the system
established under this subsection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 553.010. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a)
The executive director or the executive director's designee shall
prepare and maintain a written policy statement to ensure
implementation of an equal employment opportunity program under
which all personnel transactions are made without regard to race,
color, disability, sex, religion, age, or national origin. The
policy statement must include:
(1) personnel policies, including policies related to
recruitment, evaluation, selection, appointment, training, and
promotion of personnel that are in compliance with Chapter 21,
Labor Code;
(2) a comprehensive analysis of the board workforce that meets
federal and state guidelines;
(3) procedures by which a determination can be made of
significant underuse in the board workforce of all persons for
whom federal or state guidelines encourage a more equitable
balance; and
(4) reasonable methods to appropriately address those areas of
significant underuse.
(b) A policy statement prepared under Subsection (a) must:
(1) cover an annual period;
(2) be updated annually;
(3) be reviewed by the Commission on Human Rights for compliance
with Subsection (a)(1); and
(4) be filed with the governor.
(c) The governor shall deliver a biennial report to the
legislature based on the information received under Subsection
(b). The report may be made separately or as a part of other
biennial reports made to the legislature.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
State Codes and Statutes
Statutes >
Texas >
Occupations-code >
Title-3-health-professions >
Chapter-553-executive-director-and-other-board-personnel OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE J. PHARMACY AND PHARMACISTS
CHAPTER 553. EXECUTIVE DIRECTOR AND OTHER BOARD PERSONNEL
Sec. 553.001. EXECUTIVE DIRECTOR. The board shall employ an
executive director.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 553.002. QUALIFICATIONS OF EXECUTIVE DIRECTOR. The
executive director must be a pharmacist.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 553.003. GENERAL DUTIES OF EXECUTIVE DIRECTOR. (a) The
executive director is an ex officio member of the board without
vote.
(b) The executive director is a full-time employee of the board
and shall:
(1) serve as secretary to the board; and
(2) perform the regular administrative functions of the board
and any other duty as the board directs.
(c) The executive director may not perform a discretionary or
decision-making function for which the board is solely
responsible.
(d) The executive director shall keep the seal of the board. The
executive director may affix the seal only in the manner
prescribed by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 553.004. PERSONNEL. The board may employ persons in
positions or capacities the board considers necessary to properly
conduct the board's business and fulfill the board's
responsibilities under this subtitle.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 553.005. EMPLOYEE RESTRICTIONS. (a) A person may not be
an employee of the board 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.), 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.
(b) A person may not act as 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 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1345, Sec. 7, eff. September 1, 2005.
Sec. 553.006. POSSESSION BY EMPLOYEE OF REGULATED SUBSTANCE. A
board employee may possess a dangerous drug or controlled
substance when acting in the employee's official capacity.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 553.007. DIVISION OF RESPONSIBILITIES. The board shall
develop and implement policies that clearly define the
responsibilities of the board and the staff of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 553.008. QUALIFICATIONS AND STANDARDS OF CONDUCT
INFORMATION. The board shall provide, as often as necessary, to
its members and employees information regarding their:
(1) qualifications for office or employment under this subtitle;
and
(2) responsibilities under applicable laws relating to standards
of conduct for state officers or employees.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 553.009. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.
(a) The executive director or the executive director'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.
(b) The executive director or the executive director's designee
shall develop a system of annual performance evaluations. All
merit pay for board employees must be based on the system
established under this subsection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 553.010. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a)
The executive director or the executive director's designee shall
prepare and maintain a written policy statement to ensure
implementation of an equal employment opportunity program under
which all personnel transactions are made without regard to race,
color, disability, sex, religion, age, or national origin. The
policy statement must include:
(1) personnel policies, including policies related to
recruitment, evaluation, selection, appointment, training, and
promotion of personnel that are in compliance with Chapter 21,
Labor Code;
(2) a comprehensive analysis of the board workforce that meets
federal and state guidelines;
(3) procedures by which a determination can be made of
significant underuse in the board workforce of all persons for
whom federal or state guidelines encourage a more equitable
balance; and
(4) reasonable methods to appropriately address those areas of
significant underuse.
(b) A policy statement prepared under Subsection (a) must:
(1) cover an annual period;
(2) be updated annually;
(3) be reviewed by the Commission on Human Rights for compliance
with Subsection (a)(1); and
(4) be filed with the governor.
(c) The governor shall deliver a biennial report to the
legislature based on the information received under Subsection
(b). The report may be made separately or as a part of other
biennial reports made to the legislature.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Loading..
Close Window
Loading, Please Wait!
This may take a second or two.
