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Texas Health & Safety Code - Section 121.046. Public Health Board

Legal Research Home > Texas Lawyer > Health & Safety Code > Texas Health & Safety Code - Section 121.046. Public Health Board

§ 121.046. PUBLIC HEALTH BOARD.  (a) The cooperative 
agreement of a public health district may provide for the creation 
of an advisory or administrative public health board.
	(b)  An advisory public health board shall advise the members 
and director on matters of public health.
	(c)  An administrative public health board may adopt 
substantive and procedural rules that are necessary and appropriate 
to promote and preserve the health and safety of the public.  
However, an administrative board may not adopt a rule that is not 
specifically authorized by state law, conflicts with a law of this 
state, or conflicts with an ordinance of a municipality or county in 
the district.
	(d)  A public health board may perform any function relating 
to the operation of the public health district that is required 
under the cooperative agreement.
	(e)  The terms of a cooperative agreement that provides for a 
public health board must include:
		(1)  the composition and number of the representatives 
that compose the public health board; 
		(2)  a method for appointing representatives to the 
public health board;    
		(3)  the length of the representatives' terms, which 
must be staggered;     
		(4)  a requirement that a representative must have 
resided in the district for at least three years before the date of 
the representative's appointment; 
		(5)  a requirement that each representative serve 
without compensation;     
		(6)  the manner in which a vacancy is filled for an 
unexpired term;         
		(7)  the procedure and substantive criteria for the 
removal of a representative;  and
		(8)  a description of the relationship between the 
director and the public health board.
	(f)  The director is an ex officio, nonvoting member of a 
public health board established by the cooperative agreement.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.                    

Last modified: August 10, 2007