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Texas Health & Safety Code - Section 121.0331. Delegation Of Authority

Legal Research Home > Texas Lawyer > Health & Safety Code > Texas Health & Safety Code - Section 121.0331. Delegation Of Authority

§ 121.0331. DELEGATION OF AUTHORITY.  (a) A health 
authority, unless otherwise restricted by law, may delegate a power 
or duty imposed on the health authority by the board, or by this or 
any other law, to a properly qualified physician who is employed by 
the municipality's or county's local health department to act while 
the health authority is absent or incapacitated.
	(b)  The physician designated by the health authority must:                    
		(1)  meet the qualifications set out in Section 
121.022(a);                 
		(2)  be appointed as a designee in the same manner as 
the appointment of the health authority;
		(3)  take, subscribe, and file the official oath and 
appointment with the board as required by Section 121.022(b);  and
		(4)  file a certified copy of the written delegation 
with the board.        
	(c)  The delegation is effective during the term of the 
health authority who made the delegation;  however, the health 
authority may limit the delegation to a shorter duration in the 
written delegation of authority.
	(d)  The health authority is responsible for the acts of the 
physician to whom the health authority has delegated the power or 
duty.
	(e)  The entity or entities that appoint the health authority 
and the designee health authority must adopt procedures for the 
service of the designee as health authority under this section.  The 
procedures shall prevent duplication of authority between the 
health authority and the designee and provide notice to the 
department when authority is transferred.

Added by Acts 1991, 72nd Leg., ch. 118, § 7, eff. Sept. 1, 1991.           

Last modified: August 10, 2007