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• Texas Health & Safety Code Section 1.001 - Purpose Of Code
  (a) This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed ...
• Texas Health & Safety Code Section 1.002 - Construction Of Code
  Chapter 311, Government Code (Code Construction Act), applies to the construction of each provision in this code except as otherwise expressly provided by this code. ...
• Texas Health & Safety Code Section 1.003 - Internal References
  In this code: (1) a reference to a title, chapter, or section without further identification is a reference to a title, chapter, or section of ...
• Texas Health & Safety Code Section 1.004 - Reference In Law To Statute Revised By Code
  A reference in a law to a statute or a part of a statute revised by this code is considered to be a reference to ...
• Texas Health & Safety Code Section 1.005 - Definition
  In this code, "licensed practitioner" includes a sex offender treatment provider who is licensed under Chapter 110, Occupations Code. Added by Acts 2005, 79th Leg., ...
• Texas Health & Safety Code Section 11.001 - Definitions
  In this title: (1) "Board" means the Texas Board of Health. (2) "Commissioner" means the commissioner of public health. (3) "Department" means the Texas Department ...
• Texas Health & Safety Code Section 11.002 - Purpose Of Board And Department
  The Texas Board of Health and the Texas Department of Health are established to better protect and promote the health of the people of this ...
• Texas Health & Safety Code Section 11.003 - Sunset Provision
  The Texas Board of Health and the Texas Department of Health are subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence ...
• Texas Health & Safety Code Section 11.004 - Composition And Responsibility Of Department
  (a) The department is composed of the board, the commissioner, an administrative staff, the Texas Center for Infectious Disease, the South Texas Health Care System, ...
• Texas Health & Safety Code Section 11.0045 - Comprehensive Strategic And Operational Plan
  (a) The board shall develop, publish, and to the extent allowed by law implement a comprehensive strategic and operational plan. (b) The board shall publish ...
• Texas Health & Safety Code Section 11.005 - Composition Of Board
  (a) The board is composed of seven members appointed by the governor with the advice and consent of the senate. (b) Appointments to the board ...
• Texas Health & Safety Code Section 11.0055 - Required Board Member Training
  (a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as ...
• Texas Health & Safety Code Section 11.006 - Restrictions On Board Appointment, Membership, And Employment
  (a) A person is not eligible for appointment as a public member of the board if the person or the person's spouse: (1) is employed ...
• Texas Health & Safety Code Section 11.007 - Terms
  Board members serve for staggered six-year terms, with the terms of two or three members expiring February 1 of each odd-numbered year. Acts 1989, 71st ...
• Texas Health & Safety Code Section 11.008 - Officers
  Not later than September 1 of each odd-numbered year, the governor shall designate one board member as chairman and one member as vice-chairman. Acts 1989, ...
• Texas Health & Safety Code Section 11.009 - Removal Of Board Members
  (a) It is a ground for removal from the board if a member: (1) does not have at the time of appointment the qualifications required ...
• Texas Health & Safety Code Section 11.010 - Per Diem; Reimbursement For Expenses
  A board member receives no fixed salary but is entitled to receive: (1) a per diem as prescribed by the General Appropriations Act for each ...
• Texas Health & Safety Code Section 11.011 - Meetings
  (a) The board shall meet in the city of Austin or in other places fixed by the board. (b) The board shall meet at least ...
• Texas Health & Safety Code Section 11.012 - Commissioner
  (a) The commissioner of health and human services shall employ the commissioner in accordance with Section 531.0056, Government Code. (b) Except as provided in Subsection ...
• Texas Health & Safety Code Section 11.013 - Separation Of Authority
  (a) The board shall adopt policies and rules and shall govern the department. (b) The board may delegate to the commissioner, or to the person ...
• Texas Health & Safety Code Section 11.014 - Investigation Of Department
  The board shall investigate the conduct of the work of the department. For that purpose, the board shall have access at any time to all ...
• Texas Health & Safety Code Section 11.015 - Personnel
  (a) The commissioner or the commissioner's designee shall develop an intra-agency career ladder program. The program shall require intra-agency postings of all nonentry level positions ...
• Texas Health & Safety Code Section 11.016 - Advisory Committees
  (a) The board may appoint advisory committees to assist the board in performing its duties. (b) The board shall appoint an advisory committee in a ...
• Texas Health & Safety Code Section 11.0161 - Compensatory Per Diem For Advisory Committee Member
  (a) Within the limit of available funds, a member of an advisory committee appointed to assist the board and the department is entitled to receive, ...
• Texas Health & Safety Code Section 11.017 - Finances
  (a) The board shall file annually with the governor and the presiding officer of each house of the legislature a complete and detailed written report ...
• Texas Health & Safety Code Section 11.018 - Public Interest Information And Complaints
  (a) The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on ...
• Texas Health & Safety Code Section 12.0123 - External Audits Of Certain Medicaid Contractors Based On Risk
  Text of section as added by Acts 1999, 76th Leg., ch. 1411, § 1.10 (a) In this section, "Medicaid contractor" means an entity that: (1) ...
• Texas Health & Safety Code Section 12.0123 - External Audits Of Certain Medicaid Contractors
  Text of section as added by Acts 1999, 76th Leg., ch. 1447, § 1 and by Acts 1999, 76th Leg., ch. 1460, § 9.01 ...
• Texas Health & Safety Code Section 12.0124 - Electronic Transactions; State Medicaid Program
  The department or the department's successor in function in relation to the department's operation of a part of the state Medicaid program shall implement policies ...
• Texas Health & Safety Code Section 12.0125 - Drug Rebates
  (a) The department shall develop a voluntary drug manufacturer rebate program for drugs purchased by or on behalf of a client of the Kidney Health ...
• Texas Health & Safety Code Section 12.0127 - Immigration Visa Waivers For Physicians
  (a) The department, in accordance with 8 U.S.C. Section 1182(e), as amended, under exceptions provided by 8 U.S.C. Section 1184(l), as amended, may request waiver ...
• Texas Health & Safety Code Section 12.0128 - Health Alert Network
  The department shall include the Texas Association of Local Health Officials, the Texas Association of Community Health Centers, and the Texas Organization of Rural and ...
• Texas Health & Safety Code Section 12.013 - Driving And Traffic Policies
  (a) The department shall continuously study and investigate the medical aspects of: (1) the licensing of drivers; (2) the enforcement of traffic safety laws, including ...
• Texas Health & Safety Code Section 12.014 - Registry
  (a) The department may establish a registry or system of registries for providers of health-related services who are not otherwise licensed, registered, or certified by ...
• Texas Health & Safety Code Section 12.0145 - Information About Enforcement Actions
  (a) The department shall publish and provide information in accordance with this section regarding each final enforcement action taken by the department, commissioner, or board ...
• Texas Health & Safety Code Section 12.0146 - Trends In Enforcement
  The department shall publish annually an analysis of its enforcement actions taken under state law with regard to each profession, industry, or type of facility ...
• Texas Health & Safety Code Section 12.015 - Information On Community Services
  (a) If the department determines that a person is not eligible for a level of care in a nursing home, the department shall inform the ...
• Texas Health & Safety Code Section 12.016 - Public Hearing Procedures
  (a) Any statements, correspondence, or other form of oral or written communication made by a member of the legislature to a department official or employee ...
• Texas Health & Safety Code Section 12.017 - Managed Care Organizations: Medicaid Program
  (a) Except as provided by Section 533.047, the department shall develop for managed care organizations that serve Medicaid clients performance, operation, quality of care, marketing, ...
• Texas Health & Safety Code Section 12.018 - Unannounced Inspections
  The department may make any inspection of a facility or program under the department's jurisdiction without announcing the inspection. Added by Acts 1995, 74th Leg., ...
• Texas Health & Safety Code Section 12.019 - Genetic Counseling Fees
  (a) The department may charge for providing genetic counseling services. The fee may not exceed the actual cost of providing the services. (b) The department ...
• Texas Health & Safety Code Section 12.020 - Protection And Use Of Intellectual Property
  (a) The department may: (1) apply for, register, secure, hold, and protect under the laws of the United States, any state, or any nation: (A) ...
• Texas Health & Safety Code Section 12.021 - Administration And Enforcement Duties
  The commissioner shall administer and enforce the health laws of this state under the board's supervision. Acts 1989, 71st Leg., ch. 678, § 1, eff. ...
• Texas Health & Safety Code Section 12.031 - Definition
  In this subchapter, "public health services" means: (1) personal health promotion, maintenance, and treatment services; (2) infectious disease control and prevention services; (3) environmental and ...
• Texas Health & Safety Code Section 12.032 - Fees For Public Health Services
  (a) The board by rule may charge fees to a person who receives public health services from the department. (b) The board by rule may ...
• Texas Health & Safety Code Section 12.033 - Distribution And Administration Of Certain Vaccines And Sera
  (a) Except as otherwise provided by this section, the board by rule shall charge fees for the distribution and administration of vaccines and sera provided ...
• Texas Health & Safety Code Section 12.034 - Collection Procedures
  (a) The board shall establish procedures for the collection of fees for public health services. The procedures shall be used by the department and by ...
• Texas Health & Safety Code Section 12.035 - Public Health Services Fee Fund
  (a) The department shall deposit all money collected for fees and charges collected under Sections 12.0122(d) and 12.032(a) in the state treasury to the credit ...
• Texas Health & Safety Code Section 12.036 - Subrogation
  (a) In furnishing public health services to a person, the department is subrogated to the person's right of recovery from: (1) personal insurance; (2) another ...
• Texas Health & Safety Code Section 12.037 - Modification, Suspension, Or Termination Of Services
  (a) The department may modify, suspend, or terminate public health services to a person for nonpayment of billed services after notice to the affected person ...
• Texas Health & Safety Code Section 12.038 - Rules
  The board may adopt rules necessary to implement this subchapter. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 12.039 - Construction Of Other Laws
  (a) This subchapter does not repeal or modify a statute in effect on August 29, 1983, that fixes the amount, directs the disposition, prohibits the ...
• Texas Health & Safety Code Section 12.051 - Provision Of Funds
  The department may provide funds by grant or contract to a qualified person for the purchase of services, equipment, or supplies to be used to ...
• Texas Health & Safety Code Section 12.052 - Requirements For Expenditure Of Certain Funds
  (a) The expenditure of funds received by local units of government from the department is governed by Chapter 783, Government Code, and the rules adopted ...
• Texas Health & Safety Code Section 12.053 - Inventory Requirements
  All equipment and supplies which are purchased through a program, contract, or grant with the department by or for qualified entities, including but not limited ...
• Texas Health & Safety Code Section 12.054 - Disposition Of Certain Department Property
  (a) This section applies only to property that is surplus or salvage property under Chapter 2175, Government Code, and that is: (1) exempt under Section ...
• Texas Health & Safety Code Section 12.055 - Certain Procurements Made With Department Funds
  (a) A state agency or local unit of government that expends funds received from the department for the acquisition of goods and services may satisfy ...
• Texas Health & Safety Code Section 12.056 - Participation In Department Purchasing Contracts Or Group Purchasing Program
  The department may allow a state agency, local unit of government, or private entity that expends funds received by the department to purchase goods or ...
• Texas Health & Safety Code Section 12.071 - Office Of Texas-Mexico Health And Environmental Issues
  The department shall establish and maintain an office in the department to coordinate and promote health and environmental issues between this state and Mexico. Added ...
• Texas Health & Safety Code Section 12.072 - Binational Alcohol And Substance Abuse Task Force
  Text of section effective until January 1, 2009 (a) The binational alcohol and substance abuse task force is created to study: (1) the effect ...
• Texas Health & Safety Code Section 12.081 - Office Of Minority Health
  The department shall establish and maintain an office of minority health in the department to: (1) assume a leadership role in working or contracting with ...
• Texas Health & Safety Code Section 12.082 - Powers Of Office
  The office may: (1) provide a central information and referral source and serve as the primary state resource in coordinating, planning, and advocating access to ...
• Texas Health & Safety Code Section 12.083 - Funding
  The department may distribute to the office unobligated and unexpended appropriations to be used to carry out its powers. Added by Acts 1993, 73rd Leg., ...
• Texas Health & Safety Code Section 12.084 - Report To Legislature
  Not later than January 1 of each odd-numbered year, the office shall submit a biennial report to the legislature regarding the activities of the office ...
• Texas Health & Safety Code Section 12.091 - Definitions
  In this subchapter: (1) "Medical standards division" means the Medical Standards on Motor Vehicle Operations Division of the department. (2) "Panel" means a panel of ...
• Texas Health & Safety Code Section 12.092 - Medical Advisory Board; Board Members
  (a) The commissioner shall appoint the medical advisory board members from: (1) persons licensed to practice medicine in this state, including physicians who are board ...
• Texas Health & Safety Code Section 12.093 - Administration; Rules
  (a) the medical advisory board is administratively attached to the medical standards division. (b) The medical standards division: (1) shall provide administrative support for the ...
• Texas Health & Safety Code Section 12.094 - Rules Relating To Medical Advisory Board Members
  (a) The board: (1) may adopt rules to govern the activities of the medical advisory board; (2) by rule may establish a reasonable fee to ...
• Texas Health & Safety Code Section 12.095 - Board Panels; Powers And Duties
  (a) If the Department of Public Safety of the State of Texas requests an opinion or recommendation from the medical advisory board as to the ...
• Texas Health & Safety Code Section 12.096 - Physician Report
  (a) A physician licensed to practice medicine in this state may inform the Department of Public Safety of the State of Texas or the medical ...
• Texas Health & Safety Code Section 12.097 - Confidentiality Requirements
  (a) All records, reports, and testimony relating to the medical condition of an applicant or license holder: (1) are for the confidential use of the ...
• Texas Health & Safety Code Section 12.098 - Liability
  A member of the medical advisory board, a member of a panel, a person who makes an examination for or on the recommendation of the ...
• Texas Health & Safety Code Section 12.111 - Texas Volunteer Health Corps
  (a) The department shall establish the Texas Volunteer Health Corps to enhance community-based public health services. (b) The Texas Volunteer Health Corps shall connect volunteers ...
• Texas Health & Safety Code Section 12.112 - Coordinators
  (a) The department may employ coordinators to recruit, train, and refer volunteers for service in local communities. (b) A coordinator employed under this section may ...
• Texas Health & Safety Code Section 12.113 - Volunteers
  (a) Volunteers recruited under this subchapter may include students in high school or an institution of higher education, senior citizens, participants in the AFDC job ...
• Texas Health & Safety Code Section 12.114 - Vital Health Care Issues
  (a) The department may identify vital health care issues, including the use of tobacco and alcohol, end-of-life needs, health and safety issues on the Texas/Mexico ...
• Texas Health & Safety Code Section 12.115 - Mentors
  The department shall encourage health care professionals to volunteer as mentors in the Texas Volunteer Health Corps. Added by Acts 1995, 74th Leg., ch. 768, ...
• Texas Health & Safety Code Section 12.116 - Information
  The department may provide public health information materials as needed by the Texas Volunteer Health Corps. Added by Acts 1995, 74th Leg., ch. 768, § ...
• Texas Health & Safety Code Section 12.131 - Definitions
  In this subchapter: (1) "Account" has the meaning assigned by Section 403.1041, Government Code. (2) "Advisory committee" means the tobacco settlement permanent trust account administration ...
• Texas Health & Safety Code Section 12.132 - Certification To Comptroller
  The department shall collect information relating to the unreimbursed health care expenditures of each political subdivision and, based on that information and using the formula ...
• Texas Health & Safety Code Section 12.133 - Collection Of Information
  (a) Each political subdivision shall submit to the department, in the manner and at the time required by the department, information that relates to the ...
• Texas Health & Safety Code Section 12.134 - Disputes Relating To Information Collected
  (a) Subject to the approval of the advisory committee, the board shall adopt rules under which a political subdivision or agency of this state may ...
• Texas Health & Safety Code Section 12.135 - Effect Of Dispute
  A dispute filed under department rules adopted under Section 12.134 does not affect the percentage of the annual distribution of the earnings from the account ...
• Texas Health & Safety Code Section 12.136 - Adjustment Following Audit
  (a) If the board finds, after an audit conducted under Section 12.133 or 12.134, that a political subdivision has overstated unreimbursed health care expenditures in ...
• Texas Health & Safety Code Section 12.137 - Tobacco Settlement Permanent Trust Account Administration Advisory Committee
  (a) The tobacco settlement permanent trust account administration advisory committee shall advise the board on the implementation of the department's duties under this subchapter. (b) ...
• Texas Health & Safety Code Section 12.138 - Approval Of Rules
  A rule to be adopted by the board relating to certification of a percentage of an annual distribution under Section 12.132 or collection of information ...
• Texas Health & Safety Code Section 12.139 - Annual Review
  The advisory committee shall annually: (1) review the results of any audit conducted under this subchapter and the results of any dispute filed under Section ...
• Texas Health & Safety Code Section 13.002 - Admission Of Other Patients
  (a) The board may admit to any hospital under its supervision a patient who: (1) is eligible to receive patient services under a department program; ...
• Texas Health & Safety Code Section 13.003 - Services At South Texas Health Care System
  (a) The primary purpose of the South Texas Health Care System is to provide inpatient and outpatient services, either directly or by contract with one ...
• Texas Health & Safety Code Section 13.004 - Treatment Of Certain Mentally Ill Or Mentally Retarded Persons
  (a) The Texas Department of Mental Health and Mental Retardation may transfer a mentally ill or mentally retarded person who is infected with tuberculosis to ...
• Texas Health & Safety Code Section 13.005 - Care And Treatment Of Certain Patients
  (a) The board shall fully develop essential services needed for the control of tuberculosis. To provide those services, the board may contract for the support, ...
• Texas Health & Safety Code Section 13.006 - Purpose Of Tuberculosis Control Program
  The primary objectives of the tuberculosis control program are: (1) case-finding; (2) inpatient and outpatient treatment; and (3) the eventual eradication of tuberculosis. Acts 1989, ...
• Texas Health & Safety Code Section 13.031 - Short Title
  This subchapter may be cited as the Texas Tuberculosis Code. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 13.032 - Purpose
  The purpose of this subchapter is to: (1) enable persons with tuberculosis to obtain needed care; (2) provide care and treatment for those persons; and ...
• Texas Health & Safety Code Section 13.033 - Definitions
  In this subchapter: (1) "Legally responsible person" means a parent, guardian, or spouse, or any person whom the laws of this state hold responsible for ...
• Texas Health & Safety Code Section 13.034 - Board Duties
  (a) The board shall adopt rules and bylaws relating to: (1) the management of state chest hospitals; (2) the duties of officers and employees of ...
• Texas Health & Safety Code Section 13.035 - Employment Of Hospital Administrators
  (a) The department shall employ a qualified hospital administrator for each state chest hospital. (b) A hospital administrator employed under this section is not required ...
• Texas Health & Safety Code Section 13.036 - Patient Admission; Examination Certificate
  (a) A resident of this state who has tuberculosis may be admitted to a state chest hospital. A person who is not a resident of ...
• Texas Health & Safety Code Section 13.037 - Determination Of Residency
  (a) A person is a resident of this state if the person: (1) is physically present and living voluntarily in this state; (2) intends to ...
• Texas Health & Safety Code Section 13.038 - Classification Of Patients; Lien
  (a) A patient admitted to a state chest hospital is a public patient and classified as indigent, nonindigent, or nonresident. (b) An indigent public patient ...
• Texas Health & Safety Code Section 13.039 - Collection Of State's Claim
  (a) A state claim for patient support and maintenance may be collected through an action brought against the patient or the person legally responsible for ...
• Texas Health & Safety Code Section 13.040 - Effect Of Indigent Health Care And Treatment Act
  If an indigent or nonindigent public patient is eligible for health care assistance from a county hospital or public hospital under Chapter 61 (Indigent Health ...
• Texas Health & Safety Code Section 13.041 - Return Of Certain Nonresidents; Reciprocal Agreements
  (a) The board may: (1) return a nonresident patient admitted to a state chest hospital to the proper agency of the state of the patient's ...
• Texas Health & Safety Code Section 13.042 - Discrimination Prohibited
  (a) A state chest hospital may not discriminate against a patient. (b) Each patient is entitled to equal facilities, attention, and treatment. However, a state ...
• Texas Health & Safety Code Section 13.043 - Gratuities Prohibited
  (a) A patient in a state chest hospital may not offer an officer, agent, or employee of the hospital a tip, payment, or reward of ...
• Texas Health & Safety Code Section 13.044 - Private Accommodations
  (a) On the request of any charitable organization in this state, the board may permit the erection, furnishing, and maintenance by the charitable organization of ...
• Texas Health & Safety Code Section 13.045 - Donation Of Land By County
  (a) A county may donate and convey land to the state in consideration of the establishment of a state chest hospital by the board. (b) ...
• Texas Health & Safety Code Section 13.046 - Admission Of Nonresident Patients
  (a) The department may enter into an agreement with an agency of another state responsible for the care of residents of that state who have ...
• Texas Health & Safety Code Section 31.001 - Short Title
  This chapter may be cited as the Texas Primary Health Care Services Act. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 31.002 - Definitions
  (a) In this chapter: (1) "Facility" includes a hospital, ambulatory surgical center, public health clinic, birthing center, outpatient clinic, and community health center. (2) "Medical ...
• Texas Health & Safety Code Section 31.003 - Primary Health Care Services Program
  (a) The board may establish a program in the department to provide primary health care services to eligible individuals. (b) If the program is established, ...
• Texas Health & Safety Code Section 31.004 - Administration
  (a) The board shall adopt rules necessary to administer this chapter, and the department shall administer the program in accordance with board rules. (b) With ...
• Texas Health & Safety Code Section 31.005 - Provision Of Program Services By Department
  (a) The board shall adopt rules relating to the department's determination of whether program services are to be provided through a network of approved providers, ...
• Texas Health & Safety Code Section 31.006 - Service Providers
  (a) The board shall adopt rules relating to: (1) the selection and expedited selection of providers, including physicians, registered nurses, and facilities; and (2) the ...
• Texas Health & Safety Code Section 31.007 - Application For Services
  (a) The board shall adopt rules relating to application procedures for admission to the program. (b) An applicant must complete or cause to be completed ...
• Texas Health & Safety Code Section 31.008 - Eligibility For Services
  (a) The board shall adopt rules relating to eligibility criteria for an individual to receive services under the program, including health, medical, and financial criteria. ...
• Texas Health & Safety Code Section 31.009 - Denial, Modification, Suspension, Or Termination Of Services
  (a) The department for cause may deny an application for services after notice to the applicant and an opportunity for a fair hearing. (b) The ...
• Texas Health & Safety Code Section 31.010 - Financial Eligibility; Other Benefits
  (a) The department shall require an individual receiving services under this chapter, or the person with a legal obligation to support the individual, to pay ...
• Texas Health & Safety Code Section 31.011 - Recovery Of Costs
  (a) The department may recover the cost of services provided under this chapter from a person who does not reimburse the department as required by ...
• Texas Health & Safety Code Section 31.012 - Fees
  (a) The board may charge fees for the services provided directly by the department or through approved providers in accordance with Subchapter D, Chapter 12. ...
• Texas Health & Safety Code Section 31.013 - Funding
  (a) Except as provided by this chapter or by other law, the board may seek, receive, and spend funds received through an appropriation, grant, donation, ...
• Texas Health & Safety Code Section 31.014 - Contracts
  The department shall enter into contracts and agreements or award grants necessary to facilitate the efficient and economical provision of services under this chapter, including ...
• Texas Health & Safety Code Section 31.015 - Records And Review
  (a) The department shall require each provider receiving reimbursement under this chapter to maintain records and information for each applicant for or recipient of services. ...
• Texas Health & Safety Code Section 31.016 - Program Plans
  (a) The department shall have a long-range plan, covering at least six years, that includes at least the following elements: (1) quantifiable indicators of effort ...
• Texas Health & Safety Code Section 31.017 - Federally Qualified Health Centers
  Text of section effective until September 1, 2009 (a) The department may make grants to establish new or expand existing facilities that can qualify ...
• Texas Health & Safety Code Section 32.001 - Short Title
  This chapter may be cited as the Maternal and Infant Health Improvement Act. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 32.002 - Definitions
  (a) In this chapter: (1) "Adolescent" means an individual younger than 18 years of age. (2) "Ancillary services" means services necessary to obtain timely, effective, ...
• Texas Health & Safety Code Section 32.003 - Maternal And Infant Health Improvement Services Program
  (a) The board may establish a maternal and infant health improvement services program in the department to provide comprehensive maternal and infant health improvement services ...
• Texas Health & Safety Code Section 32.005 - Abortion Services Restricted
  Notwithstanding any other provision of this chapter, funds administered under this chapter may not be used to provide abortion services unless the mother's life is ...
• Texas Health & Safety Code Section 32.006 - Administration
  (a) The board shall adopt rules necessary to administer this chapter, and the department shall administer the program in accordance with board rules. (b) The ...
• Texas Health & Safety Code Section 32.011 - Denial, Modification, Suspension, Or Termination Of Services
  (a) The department may, for cause, deny, modify, suspend, or terminate services to an individual eligible for or receiving services after notice to the individual ...
• Texas Health & Safety Code Section 32.012 - Financial Eligibility; Other Benefits
  (a) The department shall require an individual receiving services under this chapter, or the person with a legal obligation to support the individual, to pay ...
• Texas Health & Safety Code Section 32.013 - Recovery Of Costs
  (a) The department may recover the cost of services provided under this chapter from a person who does not reimburse the department as required by ...
• Texas Health & Safety Code Section 32.014 - Fees
  (a) Except as prohibited by federal law or regulation, the board may charge fees for the services provided directly by the department or through approved ...
• Texas Health & Safety Code Section 32.015 - Funding
  (a) Except as provided by this chapter or by other law, the board may seek, receive, and spend funds received through an appropriation, grant, donation, ...
• Texas Health & Safety Code Section 32.016 - Contracts
  The department shall enter into contracts and agreements or award grants necessary to facilitate the efficient and economical provision of services under this chapter, including ...
• Texas Health & Safety Code Section 32.017 - Records And Review
  (a) The department shall require each provider receiving reimbursement under this chapter to maintain records and information for each applicant for or recipient of services. ...
• Texas Health & Safety Code Section 32.018 - Program Plans
  (a) The department shall have a long-range plan covering at least six years that includes at least the following elements: (1) quantifiable indicators of effort ...
• Texas Health & Safety Code Section 32.021 - Requirements Regarding The Women, Infants And Children Program
  (a) An agency, organization, or other entity that contracts with the Special Supplemental Nutrition Program for Women, Infants and Children shall each month provide the ...
• Texas Health & Safety Code Section 32.041 - Legislative Findings
  (a) The legislature finds that the perinatal period beginning before conception and continuing through the first year of life poses unique challenges for the health ...
• Texas Health & Safety Code Section 32.042 - Duties Of Board; Rules
  (a) The board by rule shall adopt: (1) minimum standards and objectives to implement voluntary perinatal health care systems; and (2) policies for health promotion ...
• Texas Health & Safety Code Section 32.043 - Duties Of Department
  The department shall: (1) develop and monitor a statewide network of voluntary perinatal health care systems; (2) develop and maintain a perinatal reporting and analysis ...
• Texas Health & Safety Code Section 32.044 - System Requirements
  (a) Each voluntary perinatal health care system must have: (1) a coordinating board responsible for ensuring, providing, or coordinating planning access to services, data collection, ...
• Texas Health & Safety Code Section 32.045 - Grant Program
  (a) The department may establish a program to award grants to initiate, expand, maintain, and improve voluntary perinatal health care systems. (b) The board by ...
• Texas Health & Safety Code Section 33.001 - Definitions
  In this chapter: (1) "Heritable disease" means an inherited disease that may result in mental or physical retardation or death. (2) "Hypothyroidism" means a condition ...
• Texas Health & Safety Code Section 33.002 - Detection And Treatment Program Established
  (a) The department shall carry out a program to combat morbidity, including mental retardation, and mortality in persons who have phenylketonuria, other heritable diseases, or ...
• Texas Health & Safety Code Section 33.003 - Cooperation Of Health Care Providers And Governmental Entities
  (a) The department may invite all physicians, hospitals, and other health care providers in the state that provide maternity and newborn infant care to cooperate ...
• Texas Health & Safety Code Section 33.004 - Study On Newborn Screening Methodology And Equipment
  (a) Not later than March 1, 2006, the department shall: (1) conduct a study to determine the most cost-effective method of conducting newborn screening, including ...
• Texas Health & Safety Code Section 33.011 - Test Requirement
  (a) The physician attending a newborn child or the person attending the delivery of a newborn child that is not attended by a physician shall ...
• Texas Health & Safety Code Section 33.012 - Exemption
  (a) Screening tests may not be administered to a newborn child whose parents, managing conservator, or guardian objects on the ground that the tests conflict ...
• Texas Health & Safety Code Section 33.013 - Limitation On Liability
  A physician, technician, or other person administering the screening tests required by this chapter is not liable or responsible because of the failure or refusal ...
• Texas Health & Safety Code Section 33.014 - Diagnosis; Follow-Up
  (a) If, because of an analysis of a specimen submitted under Section 33.011, the department reasonably suspects that a newborn child may have phenylketonuria, another ...
• Texas Health & Safety Code Section 33.015 - Reports; Record Keeping
  (a) Each physician, health authority, or other individual who has the information of a confirmed case of a disorder for which a screening test is ...
• Texas Health & Safety Code Section 33.016 - Approval Of Laboratories
  (a) The department may develop a program to approve any laboratory that wishes to perform the tests required to be administered under this chapter. To ...
• Texas Health & Safety Code Section 33.031 - Coordination With Children With Special Health Care Needs Services
  (a) All newborn children and other individuals under 21 years of age who have been screened, have been found to be presumptively positive through the ...
• Texas Health & Safety Code Section 33.032 - Program Services
  (a) Within the limits of funds available for this purpose and in cooperation with the individual's physician, the department may provide services directly or through ...
• Texas Health & Safety Code Section 33.033 - Consent
  The department may not provide services without the consent of the individual or, if the individual is a minor, the minor's parent, managing conservator, or ...
• Texas Health & Safety Code Section 33.034 - Denial, Modification, Suspension, And Revocation Of Approval To Provide Services
  (a) After notice and an opportunity for a fair hearing, the department may deny the approval or modify, suspend, or revoke the approval of a ...
• Texas Health & Safety Code Section 33.035 - Individuals Eligible For Services
  (a) An individual is not eligible to receive the services authorized by this chapter at no cost or reduced cost to the extent that the ...
• Texas Health & Safety Code Section 33.036 - Denial, Modification, Suspension, And Revocation Of Eligibility To Receive Services
  (a) After notice to the individual or, if the individual is a minor, the individual's parent, managing conservator, or guardian and an opportunity for a ...
• Texas Health & Safety Code Section 33.037 - Reimbursement
  (a) The board may require an individual or, if the individual is a minor, the minor's parent, managing conservator, or guardian, or other person with ...
• Texas Health & Safety Code Section 33.038 - Recovery Of Costs
  (a) The department is entitled to recover an expenditure for services provided under this chapter from: (1) a person who does not reimburse the department ...
• Texas Health & Safety Code Section 35.001 - Short Title
  This chapter may be cited as the Children with Special Health Care Needs Services Act. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. ...
• Texas Health & Safety Code Section 35.0021 - Definitions
  In this chapter: (1) "Case management services" includes: (A) coordinating medical services, marshaling available assistance, serving as a liaison between the child and the child's ...
• Texas Health & Safety Code Section 35.0022 - Child With Special Health Care Needs
  (a) In this chapter, "child with special health care needs" means a person who: (1) is younger than 21 years of age and who has ...
• Texas Health & Safety Code Section 35.003 - Services Program For Children With Special Health Care Needs
  (a) The program is in the department to provide services to eligible children with special health care needs. The program shall provide: (1) early identification ...
• Texas Health & Safety Code Section 35.0031 - Health Benefits Plan Coverage For Certain Eligible Children
  The department shall obtain coverage under a health benefits plan for a child who: (1) is eligible for services under this chapter; and (2) is ...
• Texas Health & Safety Code Section 35.0032 - Benefits Coverage Required
  To the extent possible, the health benefits plan required by Section 35.0031 must provide benefits comparable to the benefits provided under the state child health ...
• Texas Health & Safety Code Section 35.0033 - Health Benefits Plan Provider
  (a) A health benefits plan provider who provides coverage for benefits under Section 35.0031 must: (1) hold a certificate of authority or other appropriate license ...
• Texas Health & Safety Code Section 35.0034 - Cost-Sharing Payments
  (a) Except as provided by Subsection (b), the department may not require a child who is provided health benefits plan coverage under Section 35.0031 and ...
• Texas Health & Safety Code Section 35.0035 - Disallowance Of Matching Funds From Federal Government
  Expenditures made to provide health benefits plan coverage under Section 35.0031 may not be included for the purpose of determining the state children's health insurance ...
• Texas Health & Safety Code Section 35.004 - Service Providers
  (a) The board shall adopt substantive and procedural rules for the selection of providers to participate in the program, including rules for the selection of ...
• Texas Health & Safety Code Section 35.0041 - Participation And Reimbursement Of Telemedicine Medical Service Providers
  (a) The department by rule shall develop and implement policies permitting reimbursement of a provider for services under the program performed using telemedicine medical services. ...
• Texas Health & Safety Code Section 35.005 - Eligibility For Services
  (a) The board by rule shall: (1) define medical, financial, and other criteria for eligibility to receive services; and (2) establish a system for verifying ...
• Texas Health & Safety Code Section 35.006 - Denial, Modification, Suspension, Or Termination Of Services
  (a) The board shall adopt substantive and procedural rules for the denial of applications and the modification, suspension, or termination of services. (b) The department ...
• Texas Health & Safety Code Section 35.0061 - Referral For Behavioral Or Emotional Conditions
  If a child with special health care needs who is eligible for services under this chapter has a behavioral or emotional condition and the child ...
• Texas Health & Safety Code Section 35.007 - Financial Eligibility; Other Benefits
  (a) The board shall require a child receiving services, or the person who has a legal obligation to support the child, to pay for or ...
• Texas Health & Safety Code Section 35.008 - Recovery Of Costs
  (a) The department may recover the cost of services provided under this chapter from a person who does not pay or reimburse the department as ...
• Texas Health & Safety Code Section 35.009 - Fees
  The board may adopt reasonable procedures and standards for the determination of fees and charges for program services. Acts 1989, 71st Leg., ch. 678, § ...
• Texas Health & Safety Code Section 35.010 - Funding
  The department may receive and spend: (1) gifts made for the purposes of this chapter; and (2) funds appropriated or granted by the state or ...
• Texas Health & Safety Code Section 35.011 - Contracts
  The department may enter into contracts and agreements necessary to carry out this chapter, including interagency agreements to provide for the efficient and uninterrupted provision ...
• Texas Health & Safety Code Section 35.012 - Records
  (a) The department may take a census, make surveys, and establish permanent records of children with special health care needs. (b) The department shall maintain ...
• Texas Health & Safety Code Section 35.013 - Limitations On Authority
  (a) This chapter does not limit the authority of a parent, managing conservator, or guardian over a minor. (b) This chapter does not entitle an ...
• Texas Health & Safety Code Section 36.001 - Short Title
  This chapter may be cited as the Special Senses and Communication Disorders Act. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 36.002 - Purpose
  (a) The purpose of this chapter is to establish a program to identify, at as early an age as possible, those individuals from birth through ...
• Texas Health & Safety Code Section 36.003 - Definitions
  In this chapter: (1) "Communication disorder" means an abnormality of functioning related to the ability to express and receive ideas. (2) "Other benefit" means a ...
• Texas Health & Safety Code Section 36.004 - Screening Program For Special Senses And Communication Disorders
  (a) The board by rule shall require screening of individuals who attend public or private preschools or schools to detect vision and hearing disorders and ...
• Texas Health & Safety Code Section 36.005 - Compliance With Screening Requirements
  (a) An individual required to be screened shall undergo approved screening for vision and hearing disorders and any other special senses and communication disorders specified ...
• Texas Health & Safety Code Section 36.006 - Records; Reports
  (a) The chief administrator of each preschool or school shall maintain, on a form prescribed by the department, screening records for each individual in attendance, ...
• Texas Health & Safety Code Section 36.007 - Provision Of Remedial Services
  (a) The department may provide remedial services directly or through approved providers to eligible individuals who have certain special senses and communication disorders and who ...
• Texas Health & Safety Code Section 36.008 - Individuals Eligible For Remedial Services
  (a) An individual is not eligible to receive the remedial services authorized by this chapter to the extent that the individual or the parent, managing ...
• Texas Health & Safety Code Section 36.009 - Reimbursement
  (a) The board may require an individual or, if the individual is a minor, the minor's parent, managing conservator, or guardian, to pay or reimburse ...
• Texas Health & Safety Code Section 36.010 - Recovery Of Costs
  (a) The department is entitled to recover an expenditure for services provided under this chapter from: (1) a person who does not reimburse the department ...
• Texas Health & Safety Code Section 36.011 - Qualifications Of Persons Providing Screening And Remedial Services
  (a) The department may require that persons who administer special senses and communication disorders screening complete an approved training program, and the department may train ...
• Texas Health & Safety Code Section 36.012 - Research; Report To Legislature
  (a) The department may conduct research and compile statistics on the provision of remedial services to individuals with special senses and communication disorders and on ...
• Texas Health & Safety Code Section 36.013 - Funding
  The department may accept appropriations, donations, and reimbursements, including donations of prosthetic devices, and may apply those items to the purposes of this chapter. Acts ...
• Texas Health & Safety Code Section 36.014 - Contracts
  The department may enter into contracts and agreements necessary to administer this chapter, including contracts for the purchase of remedial services. Acts 1989, 71st Leg., ...
• Texas Health & Safety Code Section 37.001 - Screening Program For Abnormal Spinal Curvature
  (a) The department, in cooperation with the Texas Education Agency, shall establish a program to detect abnormal spinal curvature in children. (b) The board, in ...
• Texas Health & Safety Code Section 37.002 - Compliance With Screening Requirements
  (a) Each individual required by board rule to be screened shall undergo approved screening for abnormal spinal curvature. The individual's parent, managing conservator, or guardian ...
• Texas Health & Safety Code Section 37.003 - Reports
  (a) If the screening performed under this chapter indicates that an individual may have abnormal spinal curvature, the individual performing the screening shall fill out ...
• Texas Health & Safety Code Section 37.004 - Qualifications Of Persons Providing Screening
  (a) The department may train persons who administer the spinal screening procedure and may approve training programs. (b) A person who provides screening services authorized ...
• Texas Health & Safety Code Section 37.005 - Funding
  The department may accept appropriations, donations, and reimbursements and may apply those items to the purposes of this chapter. Acts 1989, 71st Leg., ch. 678, ...
• Texas Health & Safety Code Section 37.006 - Contracts
  The department may enter into contracts and agreements necessary to administer this chapter. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 38.001 - Program Established
  (a) The department shall establish and develop a state program for the control and eradication of pediculosis of minors. (b) The program may include procedures ...
• Texas Health & Safety Code Section 38.002 - Treatment Of Minor Who Has Pediculosis
  For the purpose of treating a minor who has pediculosis, the parent or guardian of the minor shall: (1) follow the instructions of the department; ...
• Texas Health & Safety Code Section 39.001 - Definition
  In this chapter, "heart disease or defect" means an abnormality or disease of the heart or major blood vessel near the heart. Acts 1989, 71st ...
• Texas Health & Safety Code Section 39.002 - Children's Outreach Heart Program
  The department, with approval of the board, may establish a children's outreach heart program to provide: (1) prediagnostic cardiac screening and follow-up evaluation services to ...
• Texas Health & Safety Code Section 39.003 - Rules
  The board shall adopt rules it considers necessary to define the scope of the children's outreach heart program and the medical and financial standards for ...
• Texas Health & Safety Code Section 39.004 - Fees
  Recipients of services or training provided by the program may be charged a fee for services or training according to rules adopted by the board. ...
• Texas Health & Safety Code Section 39.005 - Funding
  The department may seek, receive, and spend any funds received through appropriations, grants, or donations from public or private sources for the purposes of the ...
• Texas Health & Safety Code Section 39.006 - Contracts
  The department may enter into contracts or agreements it considers necessary to facilitate the provision of services under this chapter, including contracts with other departments, ...
• Texas Health & Safety Code Section 40.001 - Definition
  In this chapter, "epilepsy" means a variable symptom complex characterized by recurrent paroxysmal attacks of unconsciousness or impaired consciousness, usually with a succession of clonic ...
• Texas Health & Safety Code Section 40.002 - Epilepsy Program
  (a) The department, with approval of the board, may establish an epilepsy program to provide diagnostic services, treatment, and support services to eligible persons who ...
• Texas Health & Safety Code Section 40.003 - Rules
  The board may adopt rules it considers necessary to define the scope of the epilepsy program and the medical and financial standards for eligibility. Acts ...
• Texas Health & Safety Code Section 40.004 - Administration
  (a) The commissioner, with the approval of the board, may appoint an administrator to carry out the epilepsy program. (b) The administrator shall report to ...
• Texas Health & Safety Code Section 40.005 - Fees
  Program patients may be charged a fee for services according to rules adopted by the board. Acts 1989, 71st Leg., ch. 678, § 1, eff. ...
• Texas Health & Safety Code Section 40.006 - Funding
  The department may seek, receive, and spend any funds received through appropriations, grants, or donations from public or private sources for the purposes of the ...
• Texas Health & Safety Code Section 40.007 - Contracts
  The department may enter into contracts or other agreements it considers necessary to facilitate the provision of services under this chapter, including contracts with other ...
• Texas Health & Safety Code Section 41.001 - Definitions
  In this chapter: (1) "Hemophilia" means a human physical condition characterized by bleeding resulting from a genetically determined deficiency of a blood coagulation factor or ...
• Texas Health & Safety Code Section 41.002 - Hemophilia Assistance Program
  (a) The hemophilia assistance program is in the department to assist persons who have hemophilia and who require continuing treatment with blood, blood derivatives, or ...
• Texas Health & Safety Code Section 41.003 - Administration
  (a) The commissioner may employ or appoint an administrator who shall carry out the hemophilia assistance program and report to the commissioner. (b) The administrator ...
• Texas Health & Safety Code Section 41.004 - Financial Eligibility
  (a) A person is not eligible to receive services provided by this chapter: (1) to the extent that another person with a legal obligation to ...
• Texas Health & Safety Code Section 41.005 - Reimbursement
  (a) The department shall require a person receiving services under this chapter who is financially able to bear part of the expense, or a person ...
• Texas Health & Safety Code Section 41.006 - Recovery Of Costs
  (a) The department may recover the cost of services provided under this chapter from a person who does not reimburse the department as required by ...
• Texas Health & Safety Code Section 41.007 - Funding
  (a) The department may accept gifts and grants from individuals, private or public organizations, or federal or local funds to support the hemophilia assistance program. ...
• Texas Health & Safety Code Section 42.001 - Short Title; Purpose
  (a) This chapter may be cited as the Texas Kidney Health Care Act. (b) The state finds that one of the most serious and tragic ...
• Texas Health & Safety Code Section 42.002 - Definitions
  In this chapter: (1) "Division" means the kidney health care division. (2) "Other benefit" means a benefit, other than one provided under this chapter, to ...
• Texas Health & Safety Code Section 42.003 - Kidney Health Care Division
  (a) The kidney health care division is in the department to carry out this chapter. The board shall administer the division. (b) The division may ...
• Texas Health & Safety Code Section 42.004 - Services
  (a) The division shall provide kidney care services directly or through public or private resources to persons determined by the board to be eligible for ...
• Texas Health & Safety Code Section 42.0045 - Distribution Of Drugs And Devices
  (a) Sections 483.041(a) and 483.042, Subtitle J, Title 3, Occupations Code, and other applicable laws establishing prohibitions do not apply to a dialysate, device, or ...
• Texas Health & Safety Code Section 42.005 - Facilities
  (a) The board may establish and maintain standards for the accreditation of all facilities designed or intended to deliver care or treatment for persons with ...
• Texas Health & Safety Code Section 42.006 - Selection Of Service Providers
  (a) The department shall select providers to furnish kidney health care services under the program according to the criteria and procedures adopted by the board. ...
• Texas Health & Safety Code Section 42.007 - Eligibility For Services
  The board may determine the terms, conditions, and standards, including medical and financial standards, for the eligibility of persons with chronic kidney disease to receive ...
• Texas Health & Safety Code Section 42.008 - Denial, Modification, Suspension, Or Termination Of Services
  (a) After notice and an opportunity for a hearing, the department for cause may deny the application of or modify, suspend, or terminate services to ...
• Texas Health & Safety Code Section 42.009 - Reimbursement
  (a) An applicant or recipient is not eligible to receive services provided by this chapter to the extent that the applicant or recipient, or another ...
• Texas Health & Safety Code Section 42.010 - Recovery Of Costs
  (a) The department may recover the costs of services provided under this chapter from a person who does not reimburse the department as required by ...
• Texas Health & Safety Code Section 42.011 - Funding
  (a) The division may receive and use gifts to carry out this chapter. (b) The board may comply with any requirements necessary to obtain federal ...
• Texas Health & Safety Code Section 42.012 - Contracts
  (a) The division may enter into contracts and agreements with persons, colleges, universities, associations, corporations, municipalities, and other units of government as necessary to carry ...
• Texas Health & Safety Code Section 42.013 - Cooperation
  (a) The division may cooperate with private or public agencies to facilitate the availability of adequate care for all citizens with chronic kidney disease. (b) ...
• Texas Health & Safety Code Section 42.014 - Scientific Investigations
  (a) The division may develop and administer scientific investigations into the cause, prevention, methods of treatment, and cure of kidney disease, including research into kidney ...
• Texas Health & Safety Code Section 42.015 - Educational Programs
  (a) The division may institute, carry on, and supervise educational programs for the public and health providers, including physicians, hospitals, and public health departments, concerning ...
• Texas Health & Safety Code Section 42.016 - Reports
  The board shall report to the governor and the legislature not later than February 1 of each year concerning its findings, progress, and activities under ...
• Texas Health & Safety Code Section 42.017 - Insurance Premiums
  The board may provide for payment of the premiums required to maintain coverage under Title XVIII of the Social Security Act (42 U.S.C. Section 1395 ...
• Texas Health & Safety Code Section 42.018 - Freedom Of Selection
  The freedom of an eligible person to select a treating physician, a treatment facility, or a treatment modality is not limited by Section 42.009 if ...
• Texas Health & Safety Code Section 43.001 - Short Title
  This chapter may be cited as the Texas Oral Health Improvement Act. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 43.002 - Liberal Construction
  It is the intent of the legislature that this chapter be construed liberally so that eligible individuals may receive appropriate and adequate oral health services ...
• Texas Health & Safety Code Section 43.003 - Definitions
  (a) In this chapter: (1) "Dentist" means an individual licensed by the State Board of Dental Examiners to practice dentistry in this state. (2) "Oral ...
• Texas Health & Safety Code Section 43.004 - Oral Health Improvement Services Program
  (a) The oral health improvement services program is in the department to provide comprehensive oral health services to eligible individuals. (b) The board shall adopt ...
• Texas Health & Safety Code Section 43.005 - Administration
  (a) The department shall: (1) administer the program of oral health services established by the board; and (2) adopt the design and content of all ...
• Texas Health & Safety Code Section 43.006 - Service Providers
  (a) The board may adopt substantive and procedural rules relating to: (1) the selection of dentists, physicians, facilities, and other providers to furnish program services, ...
• Texas Health & Safety Code Section 43.007 - Individual Referral And Application For Services
  (a) The board may adopt substantive and procedural rules to govern the application for admission to the program and the receipt of treatment services, including ...
• Texas Health & Safety Code Section 43.008 - Eligibility For Services
  (a) The department shall determine an individual's eligibility for treatment services according to this chapter and the program rules. (b) An individual is not eligible ...
• Texas Health & Safety Code Section 43.009 - Denial, Modification, Suspension, Or Termination Of Services
  (a) The department may, for cause, deny an application for treatment services or modify, suspend, or terminate a recipient's treatment services after notice to the ...
• Texas Health & Safety Code Section 43.010 - Financial Eligibility; Other Benefits
  (a) The department shall require an individual receiving treatment services under this chapter or a person with a legal obligation to support the individual to ...
• Texas Health & Safety Code Section 43.011 - Recovery Of Costs
  (a) The department may recover the cost of treatment services provided under this chapter from a person who does not pay or reimburse the department ...
• Texas Health & Safety Code Section 43.012 - Fees
  The board may charge fees for the oral health services provided directly by the department or through approved providers in accordance with Subchapter D, Chapter ...
• Texas Health & Safety Code Section 43.013 - Funds
  (a) Subject to limitations or conditions prescribed by the legislature, the board may seek, receive, and spend funds received from any public or private source ...
• Texas Health & Safety Code Section 43.014 - Contracts
  The department may enter into contracts and agreements necessary to facilitate the efficient and economical provision of oral health services under this chapter, including contracts ...
• Texas Health & Safety Code Section 44.051 - Advocates For Survivors Of Sexual Assault
  An individual may act as an advocate for survivors of sexual assault if the individual has completed a sexual assault training program certified by the ...
• Texas Health & Safety Code Section 44.071 - Confidential Communications
  (a) A communication between an advocate and a survivor, or a person claiming to be a survivor, that is made in the course of providing ...
• Texas Health & Safety Code Section 44.072 - Exceptions
  (a) A communication or record that is confidential under this subchapter may be disclosed in court or in an administrative proceeding if: (1) the proceeding ...
• Texas Health & Safety Code Section 44.073 - Consent
  (a) Consent for the release of confidential information must be in writing and signed by the survivor, a parent or legal guardian if the survivor ...
• Texas Health & Safety Code Section 44.074 - Criminal Subpoena
  Notwithstanding any other provision of this chapter, a person shall disclose a communication or record that is confidential under this chapter for use in a ...
• Texas Health & Safety Code Section 44.075 - Offense
  A person commits an offense if the person intentionally or knowingly discloses a communication or record that is confidential under this chapter, except as provided ...
• Texas Health & Safety Code Section 45.001 - Definition
  In this chapter, "child passenger safety seat system" has the meaning assigned by Section 545.412, Transportation Code. Added by Acts 1993, 73rd Leg., ch. 311, ...
• Texas Health & Safety Code Section 45.002 - Child Passenger Safety Seat System Program
  (a) The department may establish a program to distribute child passenger safety seat systems to indigent persons in this state. (b) A program established under ...
• Texas Health & Safety Code Section 45.003 - Rules
  The board may adopt rules governing eligibility for a child passenger safety seat system from the program established under Section 45.002. Added by Acts 1993, ...
• Texas Health & Safety Code Section 46.001 - Definitions
  In this chapter: (1) "Tertiary care facility" means a: (A) primary teaching hospital of a medical school; (B) level I trauma center; (C) level II ...
• Texas Health & Safety Code Section 46.002 - Rules
  (a) The board may adopt rules to implement a system that encourages hospitals to provide tertiary medical services and stabilization services. (b) The rules must ...
• Texas Health & Safety Code Section 46.003 - Tertiary Care Account
  (a) The tertiary care account is an account in the state treasury. Except as by Subsection (e), money in the account may be appropriated only ...
• Texas Health & Safety Code Section 46.004 - Collection Of Information
  (a) Each tertiary care facility or level IV trauma facility that seeks payment under this chapter shall submit to the department, in the manner and ...
• Texas Health & Safety Code Section 46.005 - Certification To Comptroller Of Unreimbursed Tertiary Medical Services
  (a) The department shall certify to the comptroller for each tertiary care facility the cost of unreimbursed tertiary medical services provided to persons who reside ...
• Texas Health & Safety Code Section 46.006 - Certification To Comptroller Of Unreimbursed Stabilization Services
  (a) The department shall certify to the comptroller for each tertiary care facility or level IV trauma facility the cost of unreimbursed stabilization services provided ...
• Texas Health & Safety Code Section 46.007 - Certification Of Emergencies
  (a) For purposes of reimbursing extraordinary emergencies under this chapter, the department shall certify an extraordinary emergency: (1) if the governor issues an executive order ...
• Texas Health & Safety Code Section 47.001 - Definitions
  In this chapter: (1) "Birth admission" means the time after birth that a newborn remains in the birthing facility before the newborn is discharged. (2) ...
• Texas Health & Safety Code Section 47.002 - Applicability Of Chapter
  This chapter does not apply to a facility operated by a midwife as defined by Section 203.002, Occupations Code. Added by Acts 1999, 76th Leg., ...
• Texas Health & Safety Code Section 47.003 - Newborn Hearing Screening, Tracking, And Intervention Program
  (a) A birthing facility, through a program certified by the department under Section 47.004, shall offer the parents of a newborn a hearing screening for ...
• Texas Health & Safety Code Section 47.004 - Certification Of Screening Programs
  (a) The department or the department's designee shall establish certification criteria for implementing a program. (b) In order to be certified, the program must: (1) ...
• Texas Health & Safety Code Section 47.005 - Information Concerning Screening Results And Follow-Up Care
  (a) A birthing facility that operates a program shall distribute to the parents of each newborn who is screened educational materials that are standardized by ...
• Texas Health & Safety Code Section 47.006 - Technical Assistance By Department
  The department may consult with a birthing facility and provide to the facility technical assistance associated with the implementation of a certified program. Added by ...
• Texas Health & Safety Code Section 47.007 - Information Management, Reporting, And Tracking System
  (a) The department shall provide each birthing facility that provides newborn hearing screening under the state's medical assistance program provided under Chapter 32, Human Resources ...
• Texas Health & Safety Code Section 47.008 - Confidentiality And General Access To Data
  (a) The information management, reporting, and tracking system provided in accordance with this chapter must meet confidentiality requirements in accordance with required state and federal ...
• Texas Health & Safety Code Section 47.009 - Immunity From Liability
  A birthing facility, a clinical laboratory, an audiologist, a health care provider, a physician, a registered nurse, or any other officer or employee of a ...
• Texas Health & Safety Code Section 48.001 - Definitions
  In this chapter: (1) "Compensation" includes receiving payment or receiving reimbursement for expenses. (2) "Promotora" or "community health worker" means a person who, with or ...
• Texas Health & Safety Code Section 48.002 - Promotora And Community Health Worker Training Program
  (a) The department shall establish and operate a program designed to train and educate persons who act as promotoras or community health workers. In establishing ...
• Texas Health & Safety Code Section 48.003 - Certification Program For Promotoras And Community Health Workers
  (a) The department shall establish and operate a certification program for persons who act as promotoras or community health workers. In establishing the program, the ...
• Texas Health & Safety Code Section 49.001 - Definitions
  In this chapter: (1) "Commissioner" means the commissioner of state health services. (2) "Department" means the Department of State Health Services. (3) "Registry program" means ...
• Texas Health & Safety Code Section 49.002 - Establishment Of Program
  (a) In consultation with the Department of Public Safety and organ procurement organizations, the department shall establish the Donor Education, Awareness, and Registry Program of ...
• Texas Health & Safety Code Section 49.003 - Education For Health Care Providers And Attorneys
  (a) The department shall develop a program to educate health care providers and attorneys in this state regarding anatomical gifts. (b) The department through the ...
• Texas Health & Safety Code Section 61.001 - Short Title
  This chapter may be cited as the Indigent Health Care and Treatment Act. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 61.002 - Definitions
  In this chapter: (1) "Department" means the Texas Department of Health. (2) "Eligible county resident" means an eligible resident of a county who does not ...
• Texas Health & Safety Code Section 61.003 - Residence
  (a) For purposes of this chapter, a person is presumed to be a resident of the governmental entity in which the person's home or fixed ...
• Texas Health & Safety Code Section 61.004 - Residence Or Eligibility Dispute
  (a) If a provider of assistance and a governmental entity or hospital district cannot agree on a person's residence or whether a person is eligible ...
• Texas Health & Safety Code Section 61.0045 - Information Necessary To Determine Eligibility
  (a) Any provider, including a mandated provider, public hospital, or hospital district, that delivers health care services to a patient who the provider suspects is ...
• Texas Health & Safety Code Section 61.005 - Contribution Toward Cost Of Assistance
  (a) A county, public hospital, or hospital district may request an eligible resident receiving health care assistance under this chapter to contribute a nominal amount ...
• Texas Health & Safety Code Section 61.006 - Standards And Procedures
  (a) The department shall establish minimum eligibility standards and application, documentation, and verification procedures for counties to use in determining eligibility under this chapter. (b) ...
• Texas Health & Safety Code Section 61.007 - Information Provided By Applicant
  The department by rule shall require each applicant to provide at least the following information: (1) the applicant's full name and address; (2) the applicant's ...
• Texas Health & Safety Code Section 61.008 - Eligibility Rules
  (a) The department by rule shall provide that in determining eligibility: (1) a county may not consider the value of the applicant's homestead; (2) a ...
• Texas Health & Safety Code Section 61.009 - Reporting Requirements
  (a) The department shall establish uniform reporting requirements for governmental entities that own, operate, or lease public hospitals providing assistance under this chapter and for ...
• Texas Health & Safety Code Section 61.010 - Dedicated Tax Revenues
  If the governing body of a governmental entity adopts a property tax rate that exceeds the rate calculated under Section 26.04, Tax Code, by more ...
• Texas Health & Safety Code Section 61.011 - Services By State Hospital Or Clinic
  A state hospital or clinic shall be entitled to payment for services rendered to an eligible resident under the provisions of this chapter applicable to ...
• Texas Health & Safety Code Section 61.012 - Indigent Health Care Advisory Committee
  Text of section effective until September 1, 2007 (a) The executive commissioner of the Health and Human Services Commission shall establish an advisory committee ...
• Texas Health & Safety Code Section 61.021 - Application Of Subchapter
  This subchapter applies to health care services and assistance provided to a person who does not reside in the service area of a public hospital ...
• Texas Health & Safety Code Section 61.022 - County Obligation
  (a) A county shall provide health care assistance as prescribed by this subchapter to each of its eligible county residents. (b) The county is the ...
• Texas Health & Safety Code Section 61.0221 - Authority Relating To Other Assistance Programs
  This subchapter does not affect the authority of the commissioners court of a county to provide eligibility standards or other requirements relating to assistance programs ...
• Texas Health & Safety Code Section 61.023 - General Eligibility Provisions
  (a) A person is eligible for assistance under this subchapter if: (1) the person does not reside in the service area of a public hospital ...
• Texas Health & Safety Code Section 61.024 - County Application Procedure
  (a) A county shall adopt an application procedure. (b) The county may use the application, documentation, and verification procedures established by the department under Sections ...
• Texas Health & Safety Code Section 61.025 - County Agreement With Municipality
  (a) This section applies to a municipality that has a population of less than 15,000, that owns, operates, or leases a hospital, and that has ...
• Texas Health & Safety Code Section 61.026 - Review Of Eligibility
  A county shall review at least once every six months the eligibility of a resident for whom an application for assistance has been granted and ...
• Texas Health & Safety Code Section 61.027 - Change In Eligibility Status
  (a) An eligible resident must report any change in income or resources that might affect the resident's eligibility. The report must be made not later ...
• Texas Health & Safety Code Section 61.028 - Basic Health Care Services
  (a) A county shall, in accordance with department rules adopted under Section 61.006, provide the following basic health care services: (1) primary and preventative services ...
• Texas Health & Safety Code Section 61.0285 - Optional Health Care Services
  (a) In addition to basic health care services provided under Section 61.028, a county may, in accordance with department rules adopted under Section 61.006, provide ...
• Texas Health & Safety Code Section 61.029 - Provision Of Health Care Services
  (a) A county may arrange to provide health care services through a local health department, a publicly owned facility, or a contract with a private ...
• Texas Health & Safety Code Section 61.030 - Mandated Provider
  A county may select one or more providers of health care services. The county may require eligible county residents to obtain care from a mandated ...
• Texas Health & Safety Code Section 61.031 - Notification Of Provision Of Nonemergency Services
  (a) A county may require any provider, including a mandated provider, to obtain approval from the county before providing nonemergency health care services to an ...
• Texas Health & Safety Code Section 61.032 - Notification Of Provision Of Emergency Services
  (a) If a nonmandated provider delivers emergency services to a patient who the provider suspects might be eligible for assistance under this subchapter, the provider ...
• Texas Health & Safety Code Section 61.033 - Payment For Services
  (a) To the extent prescribed by this chapter, a county is liable for health care services provided under this subchapter by any provider, including a ...
• Texas Health & Safety Code Section 61.034 - Payment Standards For Health Care Services
  (a) A county is not liable for the cost of a health care service provided under Section 61.028 or 61.0285 that is in excess of ...
• Texas Health & Safety Code Section 61.035 - Limitation Of County Liability
  The maximum county liability for each state fiscal year for health care services provided by all assistance providers, including a hospital and a skilled nursing ...
• Texas Health & Safety Code Section 61.036 - Determination Of Eligibility For Purposes Of State Assistance
  (a) A county may not credit an expenditure made to assist an eligible county resident toward eligibility for state assistance under this subchapter unless the ...
• Texas Health & Safety Code Section 61.037 - County Eligibility For State Assistance
  (a) The department may distribute funds as provided by this subchapter to eligible counties to assist the counties in providing health care services under Sections ...
• Texas Health & Safety Code Section 61.038 - Distribution Of Assistance Funds
  (a) If the department determines that a county is eligible for assistance, the department shall distribute funds appropriated to the department from the indigent health ...
• Texas Health & Safety Code Section 61.039 - Failure To Provide State Assistance
  If the department fails to provide assistance to an eligible county as prescribed by Section 61.038, the county is not liable for payments for health ...
• Texas Health & Safety Code Section 61.0395 - Limited To Appropriated Funds
  (a) The total amount of state assistance provided to counties under this chapter for a fiscal year may not exceed the amount appropriated for that ...
• Texas Health & Safety Code Section 61.040 - Tax Information
  The comptroller shall give the department information relating to: (1) the taxable value of property taxable by each county and each county's applicable general revenue ...
• Texas Health & Safety Code Section 61.041 - County Reporting
  (a) The department shall establish monthly reporting requirements for a county seeking state assistance and establish procedures necessary to determine if the county is eligible ...
• Texas Health & Safety Code Section 61.042 - Employment Services Program
  (a) A county may establish procedures consistent with those used by the Texas Department of Human Services under Chapter 31, Human Resources Code, for administering ...
• Texas Health & Safety Code Section 61.043 - Prevention And Detection Of Fraud
  (a) The county shall adopt reasonable procedures for minimizing the opportunity for fraud, for establishing and maintaining methods for detecting and identifying situations in which ...
• Texas Health & Safety Code Section 61.044 - Subrogation
  (a) The filing of an application for or receipt of services constitutes an assignment of the applicant's or recipient's right of recovery from: (1) personal ...
• Texas Health & Safety Code Section 61.051 - Application Of Subchapter
  (a) This subchapter applies to health care services and assistance provided to a person who resides in the service area of a public hospital or ...
• Texas Health & Safety Code Section 61.052 - General Eligibility Provisions
  (a) A public hospital or hospital district shall provide health care assistance to each eligible resident in its service area who meets: (1) the basic ...
• Texas Health & Safety Code Section 61.053 - Application Procedure
  (a) A public hospital or hospital district shall adopt an application procedure. (b) Not later than the beginning of a public hospital's or hospital district's ...
• Texas Health & Safety Code Section 61.054 - Basic Health Care Services Provided By A Public Hospital
  (a) Except as provided by Subsection (c), a public hospital shall endeavor to provide the basic health care services a county is required to provide ...
• Texas Health & Safety Code Section 61.055 - Basic Health Care Services Provided By Hospital Districts
  (a) Except as provided by Subsection (b), a hospital district shall endeavor to provide the basic health care services a county is required to provide ...
• Texas Health & Safety Code Section 61.056 - Provision Of Health Care Services
  (a) A public hospital or hospital district may arrange to provide health care services through a local health department, a publicly owned facility, or a ...
• Texas Health & Safety Code Section 61.057 - Mandated Provider
  A public hospital may select one or more providers of health care services. A public hospital may require eligible residents to obtain care from a ...
• Texas Health & Safety Code Section 61.058 - Notification Of Provision Of Nonemergency Services
  (a) A public hospital may require any provider, including a mandated provider, to obtain approval from the hospital before providing nonemergency health care services to ...
• Texas Health & Safety Code Section 61.059 - Notification Of Provision Of Emergency Services
  (a) If a nonmandated provider delivers emergency services to a patient who the provider suspects might be eligible for assistance under this subchapter, the provider ...
• Texas Health & Safety Code Section 61.060 - Payment For Services
  (a) To the extent prescribed by this chapter, a public hospital is liable for health care services provided under this subchapter by any provider, including ...
• Texas Health & Safety Code Section 61.061 - Payment Rates And Limits
  The payment rates and limits prescribed by Sections 61.034 and 61.035 that relate to county services apply to inpatient and outpatient hospital services a public ...
• Texas Health & Safety Code Section 61.062 - Responsibility Of Governmental Entity
  A governmental entity that owns, operates, or leases a public hospital shall provide sufficient funding to the hospital to provide basic health care services. Acts ...
• Texas Health & Safety Code Section 61.063 - Procedure To Change Eligibility Standards Or Services Provided
  (a) A public hospital may not change its eligibility standards to make the standards more restrictive and may not reduce the health care services it ...
• Texas Health & Safety Code Section 61.064 - Transfer Of A Public Hospital
  (a) A governmental entity that owns, operates, or leases a public hospital and that closes, sells, or leases the hospital: (1) has the obligation to ...
• Texas Health & Safety Code Section 61.065 - County Responsibility For Hospital Sold On Or After January 1, 1988
  (a) This section applies to a county that, on or after January 1, 1988, sells to a purchaser that is not a governmental entity a ...
• Texas Health & Safety Code Section 61.066 - Prevention And Detection Of Fraud
  (a) A hospital district may adopt reasonable procedures for minimizing the opportunity for fraud, for establishing and maintaining methods for detecting and identifying situations in ...
• Texas Health & Safety Code Section 62.157 - Telemedicine Medical Services And Telehealth Services For Children With Special Health Care Needs
  Text of section as added by Acts 2001, 77th Leg., ch. 959, § 5 (a) In providing covered benefits to a child with special health ...
• Texas Health & Safety Code Section 62.157 - Telemedicine Medical Services
  Text of section as added by Acts 2001, 77th Leg., ch. 1255, § 4 (a) In providing covered benefits to a child, a health ...
• Texas Health & Safety Code Section 62.158 - State Taxes
  The commission shall ensure that any experience rebate or profit-sharing for health plan providers under the child health plan is calculated by treating premium, maintenance, ...
• Texas Health & Safety Code Section 62.159 - Disease Management Services
  (a) In this section, "disease management services" means services to assist a child manage a disease or other chronic health condition, such as heart disease, ...
• Texas Health & Safety Code Section 63.001 - Definition
  In this chapter, "commission" means the Health and Human Services Commission. Added by Acts 1999, 76th Leg., ch. 235, § 1, eff. Aug. 30, 1999. ...
• Texas Health & Safety Code Section 63.002 - Not An Entitlement
  This chapter does not establish an entitlement to assistance in obtaining health benefits for a child. Added by Acts 1999, 76th Leg., ch. 235, § ...
• Texas Health & Safety Code Section 63.003 - Health Benefits Plan Coverage For Certain Children
  The commission shall develop and implement a program to provide health benefits plan coverage for a child who: (1) is a qualified alien, as that ...
• Texas Health & Safety Code Section 63.004 - Benefits Coverage Required
  To the extent possible, the program required by Section 63.003 must provide benefits comparable to the benefits provided under the child health plan program under ...
• Texas Health & Safety Code Section 63.005 - Health Benefits Plan Provider
  (a) A health benefits plan provider under this chapter must: (1) hold a certificate of authority or other appropriate license issued by the Texas Department ...
• Texas Health & Safety Code Section 63.006 - Cost-Sharing Payments
  (a) Except as provided by Subsection (b), the commission may not require a child who is provided health benefits plan coverage under Section 63.003 and ...
• Texas Health & Safety Code Section 63.007 - Disallowance Of Matching Funds From Federal Government
  Expenditures made to provide health benefits plan coverage under this chapter may not be included for the purpose of determining the state children's health insurance ...
• Texas Health & Safety Code Section 64.001 - Teaching Hospital Account
  The Texas Department of Health state-owned multi-categorical teaching hospital account is an account in the general revenue fund. Money in the account may be appropriated ...
• Texas Health & Safety Code Section 81.001 - Short Title
  This chapter may be cited as the Communicable Disease Prevention and Control Act. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 81.002 - Responsibility Of State And Public
  The state has a duty to protect the public health. Each person shall act responsibly to prevent and control communicable disease. Acts 1989, 71st Leg., ...
• Texas Health & Safety Code Section 81.003 - Definitions
  In this chapter: (1) "Communicable disease" means an illness that occurs through the transmission of an infectious agent or its toxic products from a reservoir ...
• Texas Health & Safety Code Section 81.004 - Administration Of Chapter
  (a) The commissioner is responsible for the general statewide administration of this chapter. (b) The board may adopt rules necessary for the effective administration and ...
• Texas Health & Safety Code Section 81.005 - Contracts
  The department may enter into contracts or agreements with persons as necessary to implement this chapter. The contracts or agreements may provide for payment by ...
• Texas Health & Safety Code Section 81.006 - Funds
  The department may seek, receive, and spend appropriations, grants, fees, or donations for the purpose of identifying, reporting, preventing, or controlling communicable diseases or conditions ...
• Texas Health & Safety Code Section 81.007 - Limitation On Liability
  A private individual performing duties in compliance with orders or instructions of the department or a health authority issued under this chapter is not liable ...
• Texas Health & Safety Code Section 81.008 - Communicable Disease In Animals; Exchange Of Information
  The Texas Animal Health Commission and the Texas A&M University Veterinary Diagnostic Laboratory shall each adopt by rule a memorandum of understanding with the department ...
• Texas Health & Safety Code Section 81.009 - Exemption From Medical Treatment
  (a) This chapter does not authorize or require the medical treatment of an individual who chooses treatment by prayer or spiritual means as part of ...
• Texas Health & Safety Code Section 81.010 - Interagency Coordinating Council For Hiv And Hepatitis
  (a) In this section, "AIDS" and "HIV" have the meanings assigned by Section 85.002. (b) The Interagency Coordinating Council for HIV and Hepatitis facilitates communication ...
• Texas Health & Safety Code Section 81.011 - Request For Information
  In times of emergency or epidemic declared by the commissioner, the department is authorized to request information pertaining to names, dates of birth, and most ...
• Texas Health & Safety Code Section 81.021 - Board's Duty
  The board shall exercise its power in matters relating to protecting the public health to prevent the introduction of disease into the state. Acts 1989, ...
• Texas Health & Safety Code Section 81.022 - Health Education
  (a) The department may conduct a program of health education for the prevention and control of communicable disease. (b) The department may contract for presentations ...
• Texas Health & Safety Code Section 81.023 - Immunization
  (a) The board shall develop immunization requirements for children. (b) The board shall cooperate with the Department of Protective and Regulatory Services in formulating and ...
• Texas Health & Safety Code Section 81.024 - Reports By Board
  The board shall provide regular reports of the incidence, prevalence, and medical and economic effects of each disease that the board determines is a threatening ...
• Texas Health & Safety Code Section 81.041 - Reportable Diseases
  (a) The board shall identify each communicable disease or health condition that shall be reported under this chapter. (b) The board shall classify each reportable ...
• Texas Health & Safety Code Section 81.042 - Persons Required To Report
  (a) A report under Subsection (b), (c), or (d) shall be made to the local health authority. (b) A dentist or veterinarian licensed to practice ...
• Texas Health & Safety Code Section 81.043 - Records And Reports Of Health Authority
  (a) Each health authority shall keep a record of each case of a reportable disease that is reported to the authority. (b) A health authority ...
• Texas Health & Safety Code Section 81.044 - Reporting Procedures
  (a) The board shall prescribe the form and method of reporting under this chapter, which may be in writing, by telephone, by electronic data transmission, ...
• Texas Health & Safety Code Section 81.045 - Reports Of Death
  (a) A physician who attends a person during the person's last illness shall immediately notify the health authority of the jurisdiction in which the person's ...
• Texas Health & Safety Code Section 81.046 - Confidentiality
  (a) Reports, records, and information furnished to a health authority or the department that relate to cases or suspected cases of diseases or health conditions ...
• Texas Health & Safety Code Section 81.047 - Epidemiological Reports
  Subject to the confidentiality requirements of this chapter, the department shall require epidemiological reports of disease outbreaks and of individual cases of disease suspected or ...
• Texas Health & Safety Code Section 81.048 - Notification Of Emergency Personnel, Peace Officers, Detention Officers, County Jailers, And Fire Fighters
  (a) The board shall: (1) designate certain reportable diseases for notification under this section; and (2) define the conditions that constitute possible exposure to those ...
• Texas Health & Safety Code Section 81.049 - Failure To Report; Criminal Penalty
  (a) A person commits an offense if the person knowingly fails to report a reportable disease or health condition under this subchapter. (b) An offense ...
• Texas Health & Safety Code Section 81.050 - Mandatory Testing Of Persons Suspected Of Exposing Certain Other Persons To Reportable Diseases, Including Hiv Infection
  (a) The board by rule shall prescribe the criteria that constitute exposure to reportable diseases, including HIV infection. The criteria must be based on activities ...
• Texas Health & Safety Code Section 81.051 - Partner Notification Programs; Hiv Infection
  (a) The department shall establish programs for partner notification and referral services. (b) The partner notification services offered by health care providers participating in a ...
• Texas Health & Safety Code Section 81.052 - Reports And Analyses Concerning Aids And Hiv Infection
  (a) The department shall ensure timely and accurate reporting under this chapter of information relating to acquired immune deficiency syndrome and human immunodeficiency virus infection. ...
• Texas Health & Safety Code Section 81.061 - Investigation
  (a) The department shall investigate the causes of communicable disease and methods of prevention. (b) The department may require special investigations of specified cases of ...
• Texas Health & Safety Code Section 81.062 - Witnesses; Documents
  (a) For the purpose of an investigation under Section 81.061(c), the department may administer oaths, summon witnesses, and compel the attendance of a witness or ...
• Texas Health & Safety Code Section 81.063 - Samples
  (a) A person authorized to conduct an investigation under this subchapter may take samples of materials present on the premises, including soil, water, air, unprocessed ...
• Texas Health & Safety Code Section 81.064 - Inspection
  (a) The department or a health authority may enter at reasonable times and inspect within reasonable limits a public place in the performance of that ...
• Texas Health & Safety Code Section 81.065 - Right Of Entry
  (a) For an investigation or inspection, the commissioner, an employee of the department, or a health authority has the right of entry on land or ...
• Texas Health & Safety Code Section 81.066 - Concealing Communicable Disease Or Exposure To Communicable Disease; Criminal Penalty
  (a) A person commits an offense if the person knowingly conceals or attempts to conceal from the department, a health authority, or a peace officer, ...
• Texas Health & Safety Code Section 81.067 - Concealing, Removing, Or Disposing Of An Infected Or Contaminated Animal, Object, Vehicle, Watercraft, Or Aircraft; Criminal Penalty
  (a) A person commits an offense if the person knowingly conceals, removes, or disposes of an infected or contaminated animal, object, vehicle, watercraft, or aircraft ...
• Texas Health & Safety Code Section 81.068 - Refusing Entry Or Inspection; Criminal Penalty
  (a) A person commits an offense if the person knowingly refuses or attempts to refuse entry to the department, a health authority, or a peace ...
• Texas Health & Safety Code Section 81.081 - Board's Duty
  The board shall impose control measures to prevent the spread of disease in the exercise of its power to protect the public health. Acts 1989, ...
• Texas Health & Safety Code Section 81.082 - Administration Of Control Measures
  (a) A health authority has supervisory authority and control over the administration of communicable disease control measures in the health authority's jurisdiction unless specifically preempted ...
• Texas Health & Safety Code Section 81.083 - Application Of Control Measures To Individual
  (a) Any person, including a physician, who examines or treats an individual who has a communicable disease shall instruct the individual about: (1) measures for ...
• Texas Health & Safety Code Section 81.084 - Application Of Control Measures To Property
  (a) If the department or a health authority has reasonable cause to believe that property in its jurisdiction is or may be infected or contaminated ...
• Texas Health & Safety Code Section 81.085 - Area Quarantine; Criminal Penalty
  (a) If an outbreak of communicable disease occurs in this state, the commissioner or one or more health authorities may impose an area quarantine coextensive ...
• Texas Health & Safety Code Section 81.086 - Application Of Control Measures To Private And Common Carriers And Private Conveyances
  (a) This section applies to any private or common carrier or private conveyance, including a vehicle, aircraft, or watercraft, while the vehicle or craft is ...
• Texas Health & Safety Code Section 81.087 - Violation Of Control Measure Orders; Criminal Penalty
  (a) A person commits an offense if the person knowingly refuses to perform or allow the performance of certain control measures ordered by a health ...
• Texas Health & Safety Code Section 81.088 - Removal, Alteration, Or Destruction Of Quarantine Devices; Criminal Penalty
  (a) A person commits an offense if the person knowingly or intentionally: (1) removes, alters, or attempts to remove or alter an object the person ...
• Texas Health & Safety Code Section 81.089 - Transportation; Criminal Penalty
  (a) A person commits an offense if, before notifying the department or health authority at a port of entry or a place of first landing ...
• Texas Health & Safety Code Section 81.090 - Serologic Testing During Pregnancy
  (a) A physician or other person permitted by law to attend a pregnant woman during gestation or at delivery of an infant shall: (1) take ...
• Texas Health & Safety Code Section 81.091 - Ophthalmia Neonatorum Prevention; Criminal Penalty
  (a) A physician, nurse, midwife, or other person in attendance at childbirth shall use or cause to be used prophylaxis approved by the board to ...
• Texas Health & Safety Code Section 81.092 - Contracts For Services
  The department may contract with a physician to provide services to persons infected or reasonably suspected of being infected with a sexually transmitted disease or ...
• Texas Health & Safety Code Section 81.093 - Persons Prosecuted For Certain Crimes
  (a) A court may direct a person convicted of an offense under Section 43.02, Penal Code, under Chapter 481 (Texas Controlled Substances Act), or under ...
• Texas Health & Safety Code Section 81.094 - Testing By Hospitals Of Persons Indicted For Certain Crimes
  A hospital shall perform a medical procedure or test on a person if a court orders the hospital to perform the procedure or test on ...
• Texas Health & Safety Code Section 81.095 - Testing For Accidental Exposure
  (a) In a case of accidental exposure of a health care worker to blood or other body fluids of a patient in a licensed hospital, ...
• Texas Health & Safety Code Section 81.0955 - Testing For Accidental Exposure Involving A Deceased Person
  (a) This section applies only to the accidental exposure to the blood or other body fluids of a person who dies at the scene of ...
• Texas Health & Safety Code Section 81.101 - Definitions
  In this subchapter: (1) "AIDS" means acquired immune deficiency syndrome as defined by the Centers for Disease Control of the United States Public Health Service. ...
• Texas Health & Safety Code Section 81.102 - Tests; Criminal Penalty
  (a) A person may not require another person to undergo a medical procedure or test designed to determine or help determine if a person has ...
• Texas Health & Safety Code Section 81.103 - Confidentiality; Criminal Penalty
  (a) A test result is confidential. A person that possesses or has knowledge of a test result may not release or disclose the test result ...
• Texas Health & Safety Code Section 81.104 - Injunction; Civil Liability
  (a) A person may bring an action to restrain a violation or threatened violation of Section 81.102 or 81.103. (b) A person who violates Section ...
• Texas Health & Safety Code Section 81.105 - Informed Consent
  (a) Except as otherwise provided by law, a person may not perform a test designed to identify HIV or its antigen or antibody without first ...
• Texas Health & Safety Code Section 81.106 - General Consent
  (a) A person who has signed a general consent form for the performance of medical tests or procedures is not required to also sign or ...
• Texas Health & Safety Code Section 81.107 - Consent To Test For Certain Accidental Exposures
  (a) In a case of accidental exposure to blood or other body fluids under Section 81.102(a)(4)(D), the health care agency or facility may test a ...
• Texas Health & Safety Code Section 81.108 - Testing By Insurers
  The Insurance Code and any rules adopted by the State Board of Insurance exclusively govern all practices of insurers in testing applicants to show or ...
• Texas Health & Safety Code Section 81.109 - Counseling Required For Positive Test Results
  (a) A positive test result may not be revealed to the person tested without giving that person the immediate opportunity for individual, face-to-face post-test counseling ...
• Texas Health & Safety Code Section 81.151 - Application For Court Order
  (a) At the request of the health authority, a municipal, county, or district attorney shall file a sworn written application for a court order for ...
• Texas Health & Safety Code Section 81.152 - Form Of Application
  (a) An application for a court order for the management of a person with a communicable disease must be styled using the person's initials and ...
• Texas Health & Safety Code Section 81.153 - Appointment Of Attorney
  (a) The judge shall appoint an attorney to represent a person not later than the 24th hour after the time an application for a court ...
• Texas Health & Safety Code Section 81.154 - Setting On Application
  (a) The judge or a magistrate designated under this chapter shall set a date for a hearing to be held within 14 days after the ...
• Texas Health & Safety Code Section 81.155 - Notice
  (a) The person and the person's attorney are entitled to receive a copy of the application and written notice of the time and place of ...
• Texas Health & Safety Code Section 81.156 - Disclosure Of Information
  (a) The person's attorney may request information from the attorney general or the municipal, county, or district attorney, as appropriate, in accordance with this section ...
• Texas Health & Safety Code Section 81.157 - District Court Jurisdiction
  (a) A proceeding under this chapter must be held in a district court of the county in which the person is found, resides, or is ...
• Texas Health & Safety Code Section 81.158 - Affidavit Of Medical Evaluation
  (a) An affidavit of medical evaluation must be dated and signed by the commissioner or the commissioner's designee, or by a health authority with the ...
• Texas Health & Safety Code Section 81.159 - Designation Of Facility
  (a) The commissioner shall designate health care facilities throughout the state that are capable of providing services for the examination, observation, isolation, or treatment of ...
• Texas Health & Safety Code Section 81.160 - Liberty Pending Hearing
  The person who is the subject of an application for management is entitled to remain at liberty pending the hearing on the application unless the ...
• Texas Health & Safety Code Section 81.161 - Motion For Order Of Protective Custody
  (a) A motion for an order of protective custody may be filed only in the court in which an application for a court order for ...
• Texas Health & Safety Code Section 81.162 - Issuance Of Order
  (a) The judge or designated magistrate may issue a protective custody order if the judge or magistrate determines: (1) that the health authority or department ...
• Texas Health & Safety Code Section 81.163 - Apprehension Under Order
  (a) A protective custody order shall direct a peace officer to take the person who is the subject of the order into protective custody and ...
• Texas Health & Safety Code Section 81.164 - Appointment Of Attorney
  (a) The judge or designated magistrate shall appoint an attorney to represent a person who is the subject of a protective custody order who does ...
• Texas Health & Safety Code Section 81.165 - Probable Cause Hearing
  (a) A hearing must be held to determine if: (1) there is probable cause to believe that a person under a protective custody order presents ...
• Texas Health & Safety Code Section 81.166 - Order For Continued Detention
  (a) The magistrate or master shall order that a person remain in protective custody if the magistrate or master determines after the hearing that an ...
• Texas Health & Safety Code Section 81.167 - Detention In Protective Custody
  (a) The head of a facility or the facility head's designee shall detain a person under a protective custody order in the facility pending a ...
• Texas Health & Safety Code Section 81.168 - Release From Detention
  (a) The magistrate or master shall order the release of a person under a protective custody order if the magistrate or master determines after the ...
• Texas Health & Safety Code Section 81.169 - General Provisions Relating To Hearing
  (a) Except as provided by Subsection (b), the judge may hold a hearing on an application for a court order for the management of a ...
• Texas Health & Safety Code Section 81.170 - Right To Jury
  (a) A hearing for temporary management must be before the court unless the person or the person's attorney requests a jury. (b) A hearing for ...
• Texas Health & Safety Code Section 81.171 - Release After Hearing
  (a) The court shall enter an order denying an application for a court order for temporary or extended management if after a hearing the judge ...
• Texas Health & Safety Code Section 81.172 - Order For Temporary Management
  (a) The judge or jury may determine that a person requires court-ordered examination, observation, isolation, or treatment only if the judge or jury finds, from ...
• Texas Health & Safety Code Section 81.173 - Order For Extended Management
  (a) The jury, or the judge if the right to a jury is waived, may determine that a proposed patient requires court-ordered examination, observation, isolation, ...
• Texas Health & Safety Code Section 81.174 - Order Of Care Or Commitment
  (a) The judge shall dismiss the jury, if any, after a hearing in which a person is found: (1) to be infected with or reasonably ...
• Texas Health & Safety Code Section 81.175 - Court-Ordered Outpatient Services
  (a) The court, in an order that directs a person to participate in an outpatient communicable disease program, shall designate a health authority to monitor ...
• Texas Health & Safety Code Section 81.176 - Designation Of Facility
  In a court order for the temporary or extended management of a person with a communicable disease specifying inpatient care, the court shall commit the ...
• Texas Health & Safety Code Section 81.177 - Commitment To Private Facility
  The court may order a person committed to a private health care facility at no expense to the state if the court receives: (1) an ...
• Texas Health & Safety Code Section 81.178 - Commitment To Federal Facility
  (a) A court may order a person committed to a federal agency that operates a health care facility if the court receives written notice from ...
• Texas Health & Safety Code Section 81.179 - Transportation Of Person
  (a) The court shall order the sheriff or constable to transport the person to the designated health care facility. (b) A female shall be accompanied ...
• Texas Health & Safety Code Section 81.180 - Writ Of Commitment
  The court shall direct the court clerk to issue to the individual authorized to transport the person two writs of commitment requiring the individual to ...
• Texas Health & Safety Code Section 81.181 - Acknowledgement Of Delivery
  The head of the facility, after receiving a copy of the writ of commitment and after admitting the person, shall: (1) give the individual transporting ...
• Texas Health & Safety Code Section 81.182 - Modification Of Order For Inpatient Treatment
  (a) At the request of the health authority, a municipal, county, or district attorney, as appropriate, shall request the court that entered the commitment order ...
• Texas Health & Safety Code Section 81.183 - Motion For Modification Of Order For Outpatient Treatment
  (a) The court that entered an order directing a person to participate in outpatient health services may set a hearing to determine if the order ...
• Texas Health & Safety Code Section 81.184 - Order For Temporary Detention
  (a) At the request of the health authority, a municipal, county, or district attorney, as appropriate, shall file a sworn application for the person's temporary ...
• Texas Health & Safety Code Section 81.185 - Apprehension And Release Under Order For Temporary Detention
  (a) The order for temporary detention shall direct a peace officer to take the person into custody and immediately transport the person to an appropriate ...
• Texas Health & Safety Code Section 81.186 - Order Of Modification Of Order For Outpatient Services
  (a) The court may modify an order for outpatient services at the modification hearing if the court determines that the person continues to meet the ...
• Texas Health & Safety Code Section 81.187 - Renewal Of Order For Extended Management
  (a) A municipal, county, or district attorney, as appropriate, at the request of the health authority, shall file an application to renew an order for ...
• Texas Health & Safety Code Section 81.188 - Motion For Rehearing
  (a) The court may set aside an order for the management of a person with a communicable disease and grant a motion for rehearing for ...
• Texas Health & Safety Code Section 81.189 - Request For Reexamination
  (a) A person subject to an order for extended management, or any interested person on the person's behalf and with the person's consent, may file ...
• Texas Health & Safety Code Section 81.190 - Hearing On Request For Reexamination
  (a) A court that required a patient's reexamination under Section 81.189 may set a date and place for a hearing on the request if, not ...
• Texas Health & Safety Code Section 81.191 - Appeal
  (a) An appeal from an order for the management of a person with a communicable disease, or from a renewal or modification of an order, ...
• Texas Health & Safety Code Section 81.192 - Continuing Care Plan Before Discharge
  The health authority or department, in consultation with the person, shall prepare a continuing care plan for a person who is scheduled to be discharged ...
• Texas Health & Safety Code Section 81.193 - Pass From Inpatient Care
  (a) The head of a facility may permit a person admitted to the facility under order for extended inpatient management of a person with a ...
• Texas Health & Safety Code Section 81.194 - Return To Facility
  (a) If a person is permitted to leave a facility under Section 81.193, the head of the facility may have the person taken into custody, ...
• Texas Health & Safety Code Section 81.195 - Discharge On Expiration Of Court Order
  The head of a facility to which a person was committed or from which a person was required to receive temporary or extended inpatient or ...
• Texas Health & Safety Code Section 81.196 - Discharge Before Expiration Of Court Order
  (a) The health authority or department may direct the head of a facility to which a person was committed for inpatient health services or that ...
• Texas Health & Safety Code Section 81.197 - Certificate Of Discharge
  Before a person is discharged under Section 81.195 or 81.196, the health authority or department shall prepare a discharge certificate, file it with the court ...
• Texas Health & Safety Code Section 81.198 - Authorization For Admission
  The head of a health care facility may admit and detain a person under the procedures prescribed by this subchapter. Acts 1989, 71st Leg., ch. ...
• Texas Health & Safety Code Section 81.199 - Transfer To Federal Facility
  The health authority or department may authorize the head of a health care facility to transfer a person to a federal agency if: (1) the ...
• Texas Health & Safety Code Section 81.200 - Transfer Of Records
  The head of the transferring inpatient health care facility shall send the person's appropriate medical records, or a copy of the records, to the head ...
• Texas Health & Safety Code Section 81.201 - Writ Of Habeas Corpus
  This subchapter does not limit a person's right to obtain a writ of habeas corpus. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. ...
• Texas Health & Safety Code Section 81.202 - Effect On Guardianship
  This subchapter, or an action taken or a determination made under this subchapter, does not affect a guardianship established under law. Acts 1989, 71st Leg., ...
• Texas Health & Safety Code Section 81.203 - Confidentiality Of Records
  Records of a health care facility that directly or indirectly identify a present, former, or proposed patient are confidential unless disclosure is permitted by this ...
• Texas Health & Safety Code Section 81.204 - Rights Subject To Limitation By Head Of Facility
  (a) A person in an inpatient health care facility has the right to: (1) receive visitors; (2) communicate with a person outside the facility; and ...
• Texas Health & Safety Code Section 81.205 - Notification Of Rights
  A person receiving inpatient health services shall be informed of the rights provided by Section 81.206: (1) orally, in simple, nontechnical terms; (2) in writing ...
• Texas Health & Safety Code Section 81.206 - General Rights Relating To Treatment
  A person receiving health services under this subchapter has the right to: (1) appropriate treatment for the person's illness in an appropriate setting consistent with ...
• Texas Health & Safety Code Section 81.207 - Adequacy Of Treatment
  (a) The head of an inpatient health care facility shall provide adequate medical care and treatment to every patient in accordance with accepted standards of ...
• Texas Health & Safety Code Section 81.208 - Periodic Examination
  The head of a health care facility is responsible for the examination by a physician of each person admitted to the facility under this subchapter ...
• Texas Health & Safety Code Section 81.209 - Use Of Physical Restraint
  (a) A physical restraint may not be applied to a person unless a physician prescribes the restraint. (b) A physical restraint shall be removed as ...
• Texas Health & Safety Code Section 81.210 - Costs
  (a) A county shall pay the costs for a hearing or proceeding under this subchapter if a health authority: (1) initiates an application for a ...
• Texas Health & Safety Code Section 81.211 - Filing And Status Of Foreign Court Orders
  (a) In the case of a person who is not a resident of this state and who may be admitted to a state chest hospital ...
• Texas Health & Safety Code Section 81.301 - Definitions
  In this subchapter: (1) "Bloodborne pathogens" means pathogenic microorganisms that are present in human blood and that can cause diseases in humans. The term includes ...
• Texas Health & Safety Code Section 81.302 - Applicability Of Subchapter
  This subchapter applies only to a governmental unit that employs employees who: (1) provide services in a public or private facility providing health care-related services, ...
• Texas Health & Safety Code Section 81.303 - Exposure Control Plan
  The department shall establish an exposure control plan designed to minimize exposure of employees described by Section 81.302 to bloodborne pathogens. In developing the plan, ...
• Texas Health & Safety Code Section 81.304 - Minimum Standards
  The board by rule shall adopt minimum standards to implement the exposure control plan and the other provisions of this subchapter. The rules shall be ...
• Texas Health & Safety Code Section 81.305 - Needleless Systems
  (a) The board by rule shall recommend that governmental units implement needleless systems and sharps with engineered sharps injury protection for employees. (b) The recommendation ...
• Texas Health & Safety Code Section 81.306 - Sharps Injury Log
  (a) The board by rule shall require that information concerning exposure incidents be recorded in a written or electronic sharps injury log to be maintained ...
• Texas Health & Safety Code Section 81.307 - Device Registration
  (a) The department, in accordance with rules adopted by the board, shall implement a registration program for existing needleless systems and sharps with engineered sharps ...
• Texas Health & Safety Code Section 81.351 - Definition
  In this subchapter, "pet store" means a retail store that sells animals as pets. Added by Acts 2001, 77th Leg., ch. 1228, § 1, eff. ...
• Texas Health & Safety Code Section 81.352 - Warning Sign Required; Rules
  (a) The owner or operator of a pet store that sells reptiles shall: (1) post a sign warning of reptile-associated salmonellosis in accordance with department ...
• Texas Health & Safety Code Section 81.353 - Administrative Penalty
  (a) The department may assess an administrative penalty if a person violates this section or a rule adopted under this section. (b) In determining the ...
• Texas Health & Safety Code Section 82.001 - Short Title
  This chapter may be cited as the Texas Cancer Incidence Reporting Act. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended ...
• Texas Health & Safety Code Section 82.002 - Definitions
  In this chapter: (1) "Cancer" includes: (A) a large group of diseases characterized by uncontrolled growth and spread of abnormal cells; (B) any condition of ...
• Texas Health & Safety Code Section 82.003 - Applicability Of Chapter
  This chapter applies to records of cases of cancer, diagnosed on or after January 1, 1979, and to records of all ongoing cancer cases diagnosed ...
• Texas Health & Safety Code Section 82.004 - Registry Required
  The board shall maintain a cancer registry for the state. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 82.005 - Content Of Registry
  (a) The cancer registry must be a central data bank of accurate, precise, and current information that medical authorities agree serves as an invaluable tool ...
• Texas Health & Safety Code Section 82.006 - Board Powers
  To implement this chapter, the board may: (1) adopt rules that the board considers necessary; (2) execute contracts that the board considers necessary; (3) receive ...
• Texas Health & Safety Code Section 82.007 - Reports
  (a) The department shall publish an annual report to the legislature of the information obtained under this chapter. (b) The department, in cooperation with other ...
• Texas Health & Safety Code Section 82.008 - Data From Medical Records
  (a) To ensure an accurate and continuing source of data concerning cancer, each health care facility, clinical laboratory, and health care practitioner shall furnish to ...
• Texas Health & Safety Code Section 82.009 - Confidentiality
  (a) Reports, records, and information obtained under this chapter are confidential and are not subject to disclosure under Chapter 552, Government Code, are not subject ...
• Texas Health & Safety Code Section 82.010 - Immunity From Liability
  The following persons subject to this chapter that act in compliance with this chapter are not civilly or criminally liable for furnishing the information required ...
• Texas Health & Safety Code Section 82.011 - Examination And Supervision Not Required
  This chapter does not require an individual to submit to any medical examination or supervision or to examination or supervision by the board or its ...
• Texas Health & Safety Code Section 83.001 - Definitions
  In this chapter: (1) "Agent Orange" means the herbicide composed primarily of trichlorophenoxyacetic acid and dichlorophenoxyacetic acid. (2) "Veteran" means a person who served in ...
• Texas Health & Safety Code Section 83.002 - Reports To Department
  (a) A physician having primary responsibility for treating a veteran who believes he may have been exposed to chemical defoliants or herbicides or other causative ...
• Texas Health & Safety Code Section 83.003 - Information To Department
  (a) The reporting form provided by the department to a physician must request the following information: (1) symptoms of the veteran that may be related ...
• Texas Health & Safety Code Section 83.004 - Reports By Department
  (a) The department shall compile and evaluate information submitted under this chapter into a report to be distributed annually to members of the legislature, the ...
• Texas Health & Safety Code Section 83.005 - Confidentiality
  (a) The identity of a veteran about whom a report has been made under Section 83.002 or 83.004 may not be disclosed unless the veteran ...
• Texas Health & Safety Code Section 83.006 - Immunity From Liability
  A physician or hospital reporting in compliance with this chapter is not civilly or criminally liable for providing the information required by this chapter. Acts ...
• Texas Health & Safety Code Section 83.007 - Class Action Suit
  The attorney general may represent a class of individuals composed of veterans who may have been injured because of contact with chemical defoliants or herbicides ...
• Texas Health & Safety Code Section 83.008 - Assistance Program
  (a) The department and the health science centers and other medical facilities of The University of Texas System shall institute a cooperative program to: (1) ...
• Texas Health & Safety Code Section 83.009 - Certain Cases Excluded
  Sections 83.002 and 83.004 do not apply to veterans treated before January 1, 1982, for symptoms typical of a person who has been exposed to ...
• Texas Health & Safety Code Section 83.010 - Termination Of Programs And Duties
  If the commissioner determines that an agency of the federal government is performing the referral and screening functions required by Section 83.008, the commissioner may ...
• Texas Health & Safety Code Section 84.001 - Short Title
  This chapter may be cited as the Occupational Condition Reporting Act. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended by ...
• Texas Health & Safety Code Section 84.002 - Definitions
  In this chapter: (1) "Health professional" means an individual whose: (A) vocation or profession is directly or indirectly related to the maintenance of health in ...
• Texas Health & Safety Code Section 84.003 - Reportable Conditions; Rules
  (a) Asbestosis and silicosis are occupational conditions that are reportable to the department. (b) Blood lead levels in adults are laboratory findings that are reportable ...
• Texas Health & Safety Code Section 84.004 - Reporting Requirements
  (a) The following persons shall report cases or suspected cases of reportable conditions to the department: (1) a physician who diagnoses or treats the individual ...
• Texas Health & Safety Code Section 84.005 - Powers And Duties Of Department
  (a) The department may enter into contracts or agreements as necessary to implement this chapter. The contracts or agreements may provide for payment by the ...
• Texas Health & Safety Code Section 84.006 - Confidentiality
  (a) All information and records relating to reportable conditions are confidential. That information may not be released or made public on subpoena or otherwise, except ...
• Texas Health & Safety Code Section 84.007 - Investigations
  (a) The department shall investigate the causes of occupational conditions and methods of prevention. (b) In performing the commissioner's duty to prevent an occupational condition, ...
• Texas Health & Safety Code Section 85.001 - Short Title
  This chapter may be cited as the Human Immunodeficiency Virus Services Act. Added by Acts 1991, 72nd Leg., ch. 14, § 36, eff. Sept. 1, ...
• Texas Health & Safety Code Section 85.002 - Definitions
  In this chapter: (1) "AIDS" means acquired immune deficiency syndrome as defined by the Centers for Disease Control of the United States Public Health Service. ...
• Texas Health & Safety Code Section 85.003 - Department As Lead Agency And Primary Resource
  The department, in the discharge of its duty to protect the public health, shall act as the lead agency for AIDS and HIV policy for ...
• Texas Health & Safety Code Section 85.004 - Education Programs
  (a) The department shall develop model education programs to be available to educate the public about AIDS and HIV infection. (b) As part of the ...
• Texas Health & Safety Code Section 85.005 - Special Components Of Education Programs
  (a) The department shall include in the education programs special components designed to reach: (1) persons with behavior conducive to HIV transmission; (2) persons younger ...
• Texas Health & Safety Code Section 85.006 - Education Programs For Disabled Persons
  (a) The department shall develop and promote HIV education and prevention programs specifically designed to address the concerns of persons with physical or mental disabilities. ...
• Texas Health & Safety Code Section 85.007 - Education Programs For Minors
  (a) The department shall give priority to developing model education programs for persons younger than 18 years of age. (b) The materials in the education ...
• Texas Health & Safety Code Section 85.008 - Distribution Of Education Programs
  (a) The department shall determine where HIV education efforts are needed in this state and shall initiate programs in those areas by identifying local resources. ...
• Texas Health & Safety Code Section 85.009 - Education Programs Available On Request
  The department shall make the education programs available to local governments and private businesses on request. Added by Acts 1991, 72nd Leg., ch. 14, § ...
• Texas Health & Safety Code Section 85.010 - Educational Course For Employees And Clients Of Health Care Facilities
  A health care facility licensed by the department, the Texas Department of Mental Health and Mental Retardation, or the Texas Department of Human Services shall ...
• Texas Health & Safety Code Section 85.011 - Contracts For Education Programs
  (a) The department may contract with any person, other than a person who advocates or promotes conduct that violates state law, for the design, development, ...
• Texas Health & Safety Code Section 85.012 - Model Workplace Guidelines
  (a) To ensure consistent public policy, the department, in consultation with appropriate state and local agencies and private entities, shall develop model workplace guidelines concerning ...
• Texas Health & Safety Code Section 85.013 - Funding Information
  (a) The department shall: (1) maintain current information on public and private sources of funding for HIV-related prevention, education, treatment, and social support services; and ...
• Texas Health & Safety Code Section 85.014 - Technical Assistance To Community Organizations
  (a) The department shall provide technical assistance to nonprofit community organizations to maximize the use of limited resources and volunteer efforts and to expand the ...
• Texas Health & Safety Code Section 85.015 - Contract For Services; Duration
  (a) The department may contract with an entity to provide the services required by Subchapters A through F if: (1) the contract would minimize duplication ...
• Texas Health & Safety Code Section 85.016 - Rules
  The board may adopt rules necessary to implement Subchapters A through F. Added by Acts 1991, 72nd Leg., ch. 14, § 36, eff. Sept. 1, ...
• Texas Health & Safety Code Section 85.031 - State Grant Program To Community Organizations
  The department shall establish and administer a state grant program to nonprofit community organizations for: (1) HIV education, prevention, and risk reduction programs; and (2) ...
• Texas Health & Safety Code Section 85.032 - Rules; Program Structure
  (a) The board may adopt rules relating to: (1) the services that may be furnished under the program; (2) a system of priorities regarding the ...
• Texas Health & Safety Code Section 85.033 - Coordination Of Services
  (a) To prevent unnecessary duplication of services, the board and the department shall seek to coordinate the services provided by eligible programs under Subchapters A ...
• Texas Health & Safety Code Section 85.034 - Application Procedures And Eligibility Guidelines
  (a) The department shall establish application procedures and eligibility guidelines for the state grants under this subchapter. (b) Application procedures must include regional public hearings ...
• Texas Health & Safety Code Section 85.035 - Applicant Information
  An applicant for a state grant under this subchapter shall submit to the department for approval: (1) a description of the objectives established by the ...
• Texas Health & Safety Code Section 85.036 - Awarding Of Grants
  (a) In awarding grants for education programs under this subchapter, the department shall give special consideration to nonprofit community organizations whose primary purpose is serving ...
• Texas Health & Safety Code Section 85.037 - Restrictions On Grants
  (a) The department may not award a grant to an entity or community organization that advocates or promotes conduct that violates state law. (b) This ...
• Texas Health & Safety Code Section 85.038 - Restrictions On Funds
  (a) The department may not use more than five percent of the funds appropriated for the grant program to employ sufficient staff to review and ...
• Texas Health & Safety Code Section 85.039 - Information Provided By Funded Program
  (a) A program funded with a grant under this subchapter shall provide information and educational materials that are accurate, comprehensive, and consistent with current findings ...
• Texas Health & Safety Code Section 85.040 - Evaluation Of Funded Programs
  (a) The department shall develop evaluation criteria to document effectiveness, unit-of-service costs, and number of volunteers used in programs funded with grants under this subchapter. ...
• Texas Health & Safety Code Section 85.041 - Records And Reports
  (a) The department shall require each program receiving a grant under this subchapter to maintain records and information specified by the department. (b) The board ...
• Texas Health & Safety Code Section 85.042 - Financial Records
  (a) The department shall review periodically the financial records of a program funded with a grant under this subchapter. (b) As a condition of accepting ...
• Texas Health & Safety Code Section 85.043 - Due Process
  The department may provide a due process hearing procedure for the resolution of conflicts between the department and a program funded with a state grant ...
• Texas Health & Safety Code Section 85.044 - Advisory Committee
  The board may appoint an advisory committee to assist in the development of procedures and guidelines required by this subchapter. Added by Acts 1991, 72nd ...
• Texas Health & Safety Code Section 85.061 - Hiv Medication Program
  (a) The Texas HIV medication program is established in the department. (b) The program shall assist hospital districts, local health departments, public or nonprofit hospitals ...
• Texas Health & Safety Code Section 85.062 - Eligibility
  (a) To be eligible for the program, an individual: (1) must not be eligible for Medicaid benefits; (2) must meet financial eligibility criteria set by ...
• Texas Health & Safety Code Section 85.063 - Procedures And Eligibility Guidelines
  The board by rule shall establish: (1) application and distribution procedures; (2) eligibility guidelines to ensure the most appropriate distribution of funds available each year; ...
• Texas Health & Safety Code Section 85.064 - Funding
  (a) The department may accept and use local, state, and federal funds and private donations to fund the program. (b) State, local, and private funds ...
• Texas Health & Safety Code Section 85.065 - Sliding Fee Scale To Purchase Medication
  The department may institute a sliding fee scale to help eligible HIV-infected individuals purchase medications under the program. Added by Acts 1991, 72nd Leg., ch. ...
• Texas Health & Safety Code Section 85.066 - Advisory Committee
  The board may appoint an advisory committee to assist in the development of procedures and guidelines required by this subchapter. Added by Acts 1991, 72nd ...
• Texas Health & Safety Code Section 85.081 - Model Protocols For Counseling And Testing
  (a) The department shall develop model protocols for counseling and testing related to HIV infection. The protocols shall be made available to health care providers ...
• Texas Health & Safety Code Section 85.082 - Department Voluntary Testing Programs
  (a) The department shall establish voluntary HIV testing programs in each public health region to make confidential counseling and testing available. The department shall complete ...
• Texas Health & Safety Code Section 85.083 - Registration Of Testing Program
  (a) A person may not advertise or represent to the public that the person conducts a testing program for AIDS, HIV infection, or related conditions ...
• Texas Health & Safety Code Section 85.084 - For-Profit Testing Program
  A testing program that operates for profit, that advertises or represents to the public that it conducts or specializes in testing programs, and that is ...
• Texas Health & Safety Code Section 85.085 - Physician Supervision Of Medical Care
  A licensed physician shall supervise any medical care or procedure provided under a testing program. Added by Acts 1991, 72nd Leg., ch. 14, § 36, ...
• Texas Health & Safety Code Section 85.086 - Reports
  A testing program shall report test results for HIV infection in the manner provided by Chapter 81 (Communicable Disease Prevention and Control Act). Added by ...
• Texas Health & Safety Code Section 85.087 - Training Of Counselors
  (a) The department shall develop and offer a training course for persons providing HIV counseling. The training course shall include information relating to the special ...
• Texas Health & Safety Code Section 85.088 - State-Funded Health Clinics
  (a) State-funded primary health, women's reproductive health, and sexually transmitted disease clinics shall: (1) make available to patients and clients information and educational materials concerning ...
• Texas Health & Safety Code Section 85.089 - Disciplinary Action
  This subchapter does not prohibit disciplinary proceedings from being conducted by the appropriate licensing authorities for a health care provider's violation of this subchapter. Added ...
• Texas Health & Safety Code Section 85.111 - Education Of State Employees
  (a) Each state agency annually shall provide to each state employee an educational pamphlet about: (1) methods of transmission and prevention of HIV infection; (2) ...
• Texas Health & Safety Code Section 85.112 - Workplace Guidelines
  (a) Each state agency shall adopt and implement workplace guidelines concerning persons with AIDS and HIV infection. (b) The workplace guidelines shall incorporate at a ...
• Texas Health & Safety Code Section 85.113 - Workplace Guidelines For State Contractors
  An entity that contracts with or is funded by any of the following state agencies to operate a program involving direct client contact shall adopt ...
• Texas Health & Safety Code Section 85.114 - Education Of Certain Clients, Inmates, Patients, And Residents
  (a) Each state agency listed in Section 85.113 shall routinely make available HIV education for clients, inmates, patients, and residents of treatment, educational, correctional, or ...
• Texas Health & Safety Code Section 85.115 - Confidentiality Guidelines
  (a) Each state agency shall develop and implement guidelines regarding confidentiality of AIDS and HIV-related medical information for employees of the agency and for clients, ...
• Texas Health & Safety Code Section 85.116 - Testing And Counseling For State Employees Exposed To Hiv Infection On The Job
  (a) On an employee's request, a state agency shall pay the costs of testing and counseling an employee of that agency concerning HIV infection if: ...
• Texas Health & Safety Code Section 85.131 - Research On Nursing Care
  To ensure a continuum of nursing care for persons with AIDS or HIV infection and related conditions who require long-term nursing care but do not ...
• Texas Health & Safety Code Section 85.132 - Demonstration Projects In Nursing Facilities
  (a) The Texas Department of Human Services shall establish one or more demonstration projects in nursing facilities to: (1) assist the Texas Department of Human ...
• Texas Health & Safety Code Section 85.141 - Model Policies Concerning Persons In Custody
  The department, in consultation with appropriate correctional and law enforcement agencies, fire departments, and emergency medical services providers, shall develop model policies regarding the handling, ...
• Texas Health & Safety Code Section 85.142 - Adoption Of Policy
  (a) Each state and local law enforcement agency, fire department, emergency medical services provider, municipal and county correctional facility, and district probation department shall adopt ...
• Texas Health & Safety Code Section 85.143 - Content Of Policy
  A policy adopted under this subchapter must: (1) provide for periodic education of employees, inmates, and probationers concerning HIV; (2) ensure that education programs for ...
• Texas Health & Safety Code Section 85.201 - Legislative Findings
  (a) The legislature finds that: (1) the Centers for Disease Control of the United States Public Health Service have made recommendations for preventing transmission of ...
• Texas Health & Safety Code Section 85.202 - Definitions
  In this subchapter: (1) "Exposure-prone procedure" means a specific invasive procedure that poses a direct and significant risk of transmission of HIV or hepatitis B ...
• Texas Health & Safety Code Section 85.203 - Infection Control Standards
  (a) All health care workers shall adhere to universal precautions as defined by this subchapter. (b) Health care workers with exudative lesions or weeping dermatitis ...
• Texas Health & Safety Code Section 85.204 - Modification Of Practice
  (a) Except as provided by Subsections (b) and (c), a health care worker who is infected with HIV or who is infected with hepatitis B ...
• Texas Health & Safety Code Section 85.205 - Disciplinary Procedures
  A health care worker who fails to comply with this subchapter is subject to disciplinary procedures by the appropriate licensing entity. Added by Acts 1991, ...
• Texas Health & Safety Code Section 85.206 - Retention Of License; Permitted Acts
  This subchapter does not: (1) require the revocation of the license, registration, or certification of a health care worker who is infected with HIV or ...
• Texas Health & Safety Code Section 85.251 - Definitions
  In this subchapter: (1) "Home collection kit" means a product sold to the general public and used by an individual to collect a specimen from ...
• Texas Health & Safety Code Section 85.252 - Prohibitions Relating To Home Collection Kit
  A person may not market, distribute, or sell a home collection kit for HIV infection testing in this state unless the kit complies with Chapter ...
• Texas Health & Safety Code Section 85.253 - Prohibitions Relating To Home Testing
  (a) A person may not market, distribute, or sell a product to be used by a member of the public to test a specimen collected ...
• Texas Health & Safety Code Section 85.254 - Package Of Services
  A home collection kit for HIV infection testing shall be sold as part of a package of services that includes: (1) laboratory testing by a ...
• Texas Health & Safety Code Section 85.255 - Qualified Facility
  A laboratory facility that conducts testing of a specimen collected with a home collection kit for HIV infection testing must comply with the Clinical Laboratory ...
• Texas Health & Safety Code Section 85.256 - Oral Reporting
  A service provider shall report test results from a home collection kit for HIV infection testing orally to the individual tested. Notwithstanding Section 81.109, the ...
• Texas Health & Safety Code Section 85.257 - Counseling; Counseling Protocols
  (a) A service provider shall provide pretesting counseling to an individual who is considering using a home collection kit for HIV infection testing. This counseling ...
• Texas Health & Safety Code Section 85.258 - Labeling
  (a) A home collection kit for HIV infection testing shall meet the requirements of Chapter 431. (b) In addition to the requirements in Subsection (a), ...
• Texas Health & Safety Code Section 85.259 - Enforcement
  A home collection kit for HIV infection testing is a "device" as that term is defined in Section 431.002 and is subject to the provisions ...
• Texas Health & Safety Code Section 85.260 - Confidentiality
  (a) Any statement that an identifiable individual has or has not been tested with a home collection kit for HIV infection testing, including a statement ...
• Texas Health & Safety Code Section 85.261 - Certain Technology Prohibited
  A service provider may not use technology that permits the service provider to identify an individual to whom test results or counseling is provided or ...
• Texas Health & Safety Code Section 85.262 - Reports
  A service provider shall report test results from a home collection kit for HIV infection testing in the manner provided by Subchapter C, Chapter 81. ...
• Texas Health & Safety Code Section 86.001 - Purpose
  It is the intent of the legislature that breast cancer patients have access to a standardized written summary, as provided under this subchapter, of medically ...
• Texas Health & Safety Code Section 86.002 - Standardized Written Summary
  (a) The department shall publish a standardized written summary, in language a patient can understand, of the advantages, disadvantages, risks, and descriptions of all medically ...
• Texas Health & Safety Code Section 86.003 - Advisory Council
  (a) The advisory council is appointed by the commissioner. (b) The advisory council shall include at least one of each of the following: (1) a ...
• Texas Health & Safety Code Section 86.004 - Distribution Of Summary
  (a) Not later than the 90th day after the date the department receives the standardized written summary from the advisory council, the department shall print ...
• Texas Health & Safety Code Section 86.005 - Funding
  (a) The department may not expend general revenue funds for the publication or distribution of the standardized written summary. (b) The department may provide technical ...
• Texas Health & Safety Code Section 86.011 - Breast Cancer Screening
  (a) The Office of Rural Community Affairs may provide for breast cancer screening in counties with a population of 50,000 or less. (b) The Office ...
• Texas Health & Safety Code Section 86.012 - Advisory Committee
  (a) The board may appoint an advisory committee to advise the Office of Rural Health Care on the breast cancer screening, including targeting those areas ...
• Texas Health & Safety Code Section 87.001 - Definitions
  In this chapter: (1) "Birth defect" means a physical or mental functional deficit or impairment in a human embryo, fetus, or newborn resulting from one ...
• Texas Health & Safety Code Section 87.002 - Confidentiality
  (a) Except as specifically authorized by this chapter, reports, records, and information furnished to a department employee or to an authorized agent of the department ...
• Texas Health & Safety Code Section 87.003 - Contracts
  The department may enter into contracts or agreements with persons as necessary to implement this chapter. The contracts or agreements may provide for payment by ...
• Texas Health & Safety Code Section 87.004 - Limitation Of Liability
  A health professional, a health facility, or an administrator, officer, or employee of a health facility subject to this chapter is not civilly or criminally ...
• Texas Health & Safety Code Section 87.005 - Cooperation Of Governmental Entities
  Another state board, commission, agency, or governmental entity capable of assisting the department in carrying out the intent of this chapter shall cooperate with the ...
• Texas Health & Safety Code Section 87.021 - Surveillance Program; Registry Established
  (a) The board shall establish in the department a program to: (1) identify and investigate certain birth defects in children; and (2) maintain a central ...
• Texas Health & Safety Code Section 87.022 - Data Collection
  (a) To ensure an accurate source of data necessary to investigate the incidence, prevalence, and trends of birth defects, the board may require a health ...
• Texas Health & Safety Code Section 87.023 - Referral For Services
  A child who meets the medical criteria prescribed by board rule, and the child's family, shall be referred to the department's case management program for ...
• Texas Health & Safety Code Section 87.041 - Investigations
  (a) The department may conduct investigations, including epidemiological or toxicological investigations, of cases of specified birth defects. (b) The department may conduct these investigations to ...
• Texas Health & Safety Code Section 87.042 - Departmental Investigatory Powers
  To conduct an investigation under this chapter, the commissioner or the commissioner's designee has the same authority to enter, inspect, investigate, and take samples and ...
• Texas Health & Safety Code Section 87.061 - Registry; Confidentiality
  (a) Information collected and analyzed by the department or an authorized agent under this chapter may be placed in a central registry to facilitate research ...
• Texas Health & Safety Code Section 87.062 - Access To Information
  (a) Access to the central registry information is limited to authorized department employees and other persons with a valid scientific interest who are engaged in ...
• Texas Health & Safety Code Section 87.063 - Research; Review And Approval
  (a) The commissioner and the department's committee for the protection of human subjects shall review each research proposal that requests the use of information in ...
• Texas Health & Safety Code Section 87.064 - Report Of Central Registry Activities And Findings
  (a) The department shall publish an annual report of activities using data contained in the central registry. The report shall include: (1) a description of ...
• Texas Health & Safety Code Section 87.065 - Coordination With Mexico
  In developing the central registry and conducting research in areas of this state that border Mexico, the department shall make every effort to coordinate its ...
• Texas Health & Safety Code Section 88.001 - Definitions
  In this chapter: (1) "Child care" includes a school, preschool, kindergarten, nursery school, or other similar activity that provides care or instruction for young children. ...
• Texas Health & Safety Code Section 88.002 - Confidentiality
  (a) Except as specifically authorized by this chapter, reports, records, and information furnished to a health authority, a regional director, or the department that relate ...
• Texas Health & Safety Code Section 88.0025 - Childhood Lead Poisoning Prevention
  The board may implement policies and procedures to promote the elimination of childhood lead poisoning within the state. The board may adopt measures to: (1) ...
• Texas Health & Safety Code Section 88.003 - Reportable Health Condition
  (a) Childhood blood lead levels of concern are reportable. (b) The board by rule may designate: (1) blood lead concentrations in children that must be ...
• Texas Health & Safety Code Section 88.004 - Persons Required To Report
  (a) A person required to report childhood blood lead levels of concern shall report to the department in the manner specified by board rule. Except ...
• Texas Health & Safety Code Section 88.005 - Reporting Procedures
  (a) The board shall prescribe the form and method of reporting under this chapter, including a report in writing, by telephone, or by electronic data ...
• Texas Health & Safety Code Section 88.006 - Reports Of Hospitalization; Death
  (a) A physician who attends a child during the child's hospitalization shall immediately notify the department if the physician knows or suspects that the child ...
• Texas Health & Safety Code Section 89.001 - Definitions
  In this chapter: (1) "Community corrections facility" means a facility established under Chapter 509, Government Code. (2) "County jail" means a facility operated by or ...
• Texas Health & Safety Code Section 89.002 - Scope Of Chapter
  Except as provided by Subchapter E, this chapter applies only to a jail that: (1) has a capacity of at least 100 beds; or (2) ...
• Texas Health & Safety Code Section 89.011 - Screening Of Jail Employees And Volunteers
  (a) The governing body of a jail or community corrections facility, through the community supervision and corrections department, shall require that each employee or volunteer ...
• Texas Health & Safety Code Section 89.012 - Follow-Up Evaluations And Treatment
  (a) An employee or a volunteer with a positive screening test result must obtain a diagnostic evaluation from the person's own physician to determine if ...
• Texas Health & Safety Code Section 89.013 - Certificate Required
  (a) The governing body or a designee of the governing body shall confirm that each employee or volunteer required to be screened under this subchapter ...
• Texas Health & Safety Code Section 89.014 - Cost Of Tests, Follow-Up, And Treatment
  The employee or volunteer shall pay the expense of a screening test, diagnostic evaluation, or other professional medical service required under this subchapter unless the ...
• Texas Health & Safety Code Section 89.051 - Inmate Screening Required
  (a) Each inmate in a jail or community corrections facility shall undergo a screening test for tuberculosis infection approved by the board if: (1) the ...
• Texas Health & Safety Code Section 89.052 - Rescreening; Diagnostic Evaluations
  The department or a health authority may require a governing body to provide an additional screening test or a diagnostic evaluation if the department or ...
• Texas Health & Safety Code Section 89.053 - Follow-Up Evaluations
  (a) If an inmate has a confirmed positive screening test result, the governing body shall provide a diagnostic evaluation to determine whether the inmate has ...
• Texas Health & Safety Code Section 89.054 - Inmate Transfer And Release
  A copy of an inmate's medical records or documentation of screenings or treatment received during confinement must accompany an inmate transferred from one jail or ...
• Texas Health & Safety Code Section 89.071 - Reporting
  (a) A case of tuberculosis shall be reported to the appropriate health authority or to the department not later than the third day after the ...
• Texas Health & Safety Code Section 89.072 - Rulemaking
  The department shall recommend to the Commission on Jail Standards and the Texas Department of Criminal Justice rules to carry out this chapter, including rules ...
• Texas Health & Safety Code Section 89.073 - Adoption Of Local Standards
  (a) The standards prescribed by this chapter and the rules adopted by the board relating to screening tests or examinations for tuberculosis required for certain ...
• Texas Health & Safety Code Section 89.101 - Definitions
  In this subchapter: (1) "Corrections facility" means: (A) a jail or community corrections facility, without regard to whether the jail or facility satisfies the requirements ...
• Texas Health & Safety Code Section 89.102 - Report Of Release
  A corrections facility shall report to the department the release of an offender who is receiving treatment for tuberculosis. The department shall arrange for continuity ...
• Texas Health & Safety Code Section 90.001 - Findings
  The legislature finds that: (1) osteoporosis, a bone-thinning disease, is a major public health problem that, in many cases, remains undiagnosed, resulting in fractures, pain, ...
• Texas Health & Safety Code Section 90.002 - Osteoporosis Program
  Using existing resources, the department shall educate the public on the causes of osteoporosis and the personal risk factors associated with the development of osteoporosis, ...
• Texas Health & Safety Code Section 90.003 - Task Force
  (a) In developing the program created by Section 90.002, the commissioner may appoint a task force to make recommendations on strategies for educating the public ...
• Texas Health & Safety Code Section 91.001 - Findings
  The legislature finds that: (1) prostate cancer is a major public health problem with an estimated 13,000 Texans to be diagnosed each year resulting in ...
• Texas Health & Safety Code Section 91.002 - Prostate Cancer Strategy
  (a) In consultation with the board, the commissioner shall develop and implement a program that educates the public on the causes of prostate cancer and ...
• Texas Health & Safety Code Section 91.003 - Task Force
  (a) Using existing resources in developing the program created by Section 91.002, the commissioner shall appoint a task force to make recommendations on strategies for ...
• Texas Health & Safety Code Section 92.001 - Definitions
  In this chapter: (1) "Injury" means damage to the body that results from intentional or unintentional acute exposure to thermal, mechanical, electrical, or chemical energy ...
• Texas Health & Safety Code Section 92.002 - Reportable Injury; Rules
  (a) Spinal cord injuries, traumatic brain injuries, and submersion injuries are reportable to the department. The board by rule shall define those terms for reporting ...
• Texas Health & Safety Code Section 92.003 - Reporting Requirements
  (a) The following persons shall report cases or suspected cases of reportable injuries to the department: (1) a physician who diagnoses or treats a reportable ...
• Texas Health & Safety Code Section 92.004 - Powers And Duties Of Department
  (a) The department may enter into contracts or agreements as necessary to carry out this subchapter. The contracts or agreements may provide for payment by ...
• Texas Health & Safety Code Section 92.005 - Access To Information
  Subject to the confidentiality provisions of this subchapter, the department may collect, or cause to be collected, medical, demographic, or epidemiologic information from any medical ...
• Texas Health & Safety Code Section 92.006 - Confidentiality
  (a) All information and records relating to injuries are confidential, including information from injury investigations. That information may not be released or made public on ...
• Texas Health & Safety Code Section 92.007 - Investigations
  (a) The department shall investigate the causes of injuries and methods of prevention. (b) The director or the director's designee may enter at reasonable times ...
• Texas Health & Safety Code Section 92.008 - Technical Advisory Committee On Injury Reporting
  (a) The board shall appoint a technical advisory committee to advise the board of injuries other than spinal cord injuries, traumatic brain injuries, and submersion ...
• Texas Health & Safety Code Section 92.009 - Coordination With Texas Department Of Insurance
  The department and the Texas Department of Insurance shall enter into a memorandum of understanding which shall include the following: (1) the department and the ...
• Texas Health & Safety Code Section 92.010 - Coordination With Texas Rehabilitation Commission
  The department and the Texas Rehabilitation Commission shall enter into a memorandum of understanding to: (1) exchange relevant injury data on an ongoing basis notwithstanding ...
• Texas Health & Safety Code Section 92.011 - Coordination With Texas Traumatic Brain Injury Advisory Council
  (a) The department and the Texas Traumatic Brain Injury Advisory Council established within the department under Subchapter B shall: (1) exchange relevant injury data on ...
• Texas Health & Safety Code Section 92.051 - Definitions
  In this subchapter: (1) "Traumatic brain injury support group" means a local, state, or national organization that: (A) is established to provide support services to ...
• Texas Health & Safety Code Section 92.052 - Advisory Council; Associated Agency
  (a) The Texas Traumatic Brain Injury Advisory Council is an advisory council within the department. (b) Notwithstanding Subsection (a), if, as a result of legislation ...
• Texas Health & Safety Code Section 92.053 - Membership
  (a) The council must be composed in accordance with federal law. Appointments to the council shall be made without regard to: (1) the race, color, ...
• Texas Health & Safety Code Section 92.054 - Officers
  (a) The members of the council annually shall elect a presiding officer and an assistant presiding officer from the council members. (b) A representative of ...
• Texas Health & Safety Code Section 92.055 - Restrictions On Members
  (a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist ...
• Texas Health & Safety Code Section 92.056 - Terms; Vacancy
  (a) The public consumer and professional members of the council are appointed for staggered six-year terms, with the terms of four or five members expiring ...
• Texas Health & Safety Code Section 92.057 - Compensation; Expenses
  (a) Except as provided by Subsections (b) and (c), a member of the council is not entitled to compensation for service on the council and ...
• Texas Health & Safety Code Section 92.058 - Meetings
  The council shall meet at least once each calendar quarter on meeting dates set by the council and at the call of the presiding officer. ...
• Texas Health & Safety Code Section 92.059 - Duties Of The Council
  The council shall: (1) inform state leaders of issues and policies as they relate to meeting the needs of persons with a traumatic brain injury ...
• Texas Health & Safety Code Section 92.060 - Duties Of The Department
  (a) The department shall: (1) provide administrative support services to the council; (2) accept gifts and grants on behalf of the council from any public ...
• Texas Health & Safety Code Section 92.061 - Additional Council Duties
  The council shall: (1) make recommendations, at the request of the governor or legislative leaders, relating to activities appropriate to the achievement of legislative and ...
• Texas Health & Safety Code Section 92.062 - Gifts And Grants
  (a) The council is encouraged to seek a gift or grant from any public or private entity. (b) The health and human services commission shall ...
• Texas Health & Safety Code Section 92.063 - Advisory Committee Statute Inapplicable
  Chapter 2110, Government Code, does not apply to the council. Added by Acts 2003, 78th Leg., ch. 1088, § 2, eff. Sept. 1, 2003. ...
• Texas Health & Safety Code Section 93.001 - Definitions
  In this chapter: (1) "Cardiovascular disease" means the group of diseases that target the heart and blood vessels and that are the result of complex ...
• Texas Health & Safety Code Section 93.002 - Appointment Of Council; Terms Of Members
  (a) The Council on Cardiovascular Disease and Stroke is composed of: (1) 11 public members appointed by the governor, with the advice and consent of ...
• Texas Health & Safety Code Section 93.003 - Reimbursement
  (a) Except as provided by Subsection (b), a member of the council may be reimbursed for travel expenses incurred while conducting the business of the ...
• Texas Health & Safety Code Section 93.004 - Duties Of Department; Funds
  The department shall accept funds appropriated for the purposes of this chapter and shall allocate those funds. The council shall make recommendations to the department ...
• Texas Health & Safety Code Section 93.005 - Consultants; Advisory Committee
  To advise and assist the council with respect to the council's duties under this chapter, the council may appoint one or more: (1) consultants to ...
• Texas Health & Safety Code Section 93.006 - Report To Legislature
  (a) Repealed by Acts 2005, 79th Leg., ch. 732, § 7. (b) Not later than January 15 of each year, the council shall report to ...
• Texas Health & Safety Code Section 93.007 - Restrictions On Council Appointment, Membership, Or Employment
  (a) A person is not eligible to serve as a public member if the person or the person's spouse: (1) is employed by or participates ...
• Texas Health & Safety Code Section 93.008 - Removal Of Council Member
  (a) It is a ground for removal from the council if a member: (1) is not eligible for appointment to the council at the time ...
• Texas Health & Safety Code Section 93.009 - Presiding Officer
  The governor shall designate a member of the council as the presiding officer of the council to serve in that capacity at the will of ...
• Texas Health & Safety Code Section 93.010 - Staff Support
  Each agency represented on the council: (1) shall provide the council with staff support of specialists as needed; and (2) may provide staff support to ...
• Texas Health & Safety Code Section 93.011 - Division Of Policy And Management Responsibilities
  The council shall develop and implement policies that clearly separate the policy-making responsibilities of the council and the management responsibilities of the commissioner and staff ...
• Texas Health & Safety Code Section 93.012 - Meetings
  (a) The council shall meet at least quarterly and shall adopt rules for the conduct of its meetings. (b) An action taken by the council ...
• Texas Health & Safety Code Section 93.013 - Gifts And Grants
  (a) The council may receive gifts and grants from any public or private source to perform its duties under this chapter. The department shall accept ...
• Texas Health & Safety Code Section 93.014 - Heart Disease And Stroke Resource Fund
  (a) The heart disease and stroke resource fund is an account of the general revenue fund. (b) The legislature may appropriate money deposited to the ...
• Texas Health & Safety Code Section 93.051 - Cardiovascular Disease And Stroke Prevention Plan; Duties Of Council
  (a) The council shall develop an effective and resource-efficient plan to reduce the morbidity, mortality, and economic burden of cardiovascular disease and stroke in this ...
• Texas Health & Safety Code Section 93.052 - Database Of Clinical Resources
  The council shall review available clinical resources and shall develop a database of recommendations for appropriate care and treatment of patients with cardiovascular disease or ...
• Texas Health & Safety Code Section 93.053 - Cardiovascular Disease And Stroke Database
  (a) The council shall collect and analyze information related to cardiovascular disease and stroke at the state and regional level and, to the extent feasible, ...
• Texas Health & Safety Code Section 93.054 - Information Received From Another State Agency; Confidentiality
  (a) To perform its duties under this chapter, the council may request and receive information in the possession of any state agency. In addition to ...
• Texas Health & Safety Code Section 94.001 - State Plan For Hepatitis C
  (a) The department shall develop a state plan for prevention and treatment of hepatitis C. The plan must include strategies for prevention and treatment of ...
• Texas Health & Safety Code Section 94.002 - Hepatitis C Education And Prevention Program
  (a) The department shall develop a program to heighten awareness and enhance knowledge and understanding of hepatitis C. The department shall: (1) conduct a seroprevalence ...
• Texas Health & Safety Code Section 94.003 - Department Voluntary Testing Programs
  (a) The department shall establish voluntary hepatitis C testing programs to be performed at facilities providing voluntary HIV testing under Section 85.082 in each public ...
• Texas Health & Safety Code Section 94.004 - Training Of Counselors
  (a) The department shall develop and offer a training course for persons providing hepatitis C counseling. The training course must include information relating to the ...
• Texas Health & Safety Code Section 95.001 - Definitions
  In this chapter: (1) "Acanthosis nigricans" means a light brown or black velvety, rough, or thickened area on the surface of the skin that may ...
• Texas Health & Safety Code Section 95.002 - Acanthosis Nigricans Education And Screening Project
  (a) The office shall administer an acanthosis nigricans screening program in accordance with this chapter. (b) The executive council by rule shall coordinate screening of ...
• Texas Health & Safety Code Section 95.003 - Compliance With Screening Requirements
  (a) Each individual required by rules adopted under this chapter to be screened shall undergo approved screening for acanthosis nigricans. The individual shall comply with ...
• Texas Health & Safety Code Section 95.004 - Records; Reports
  (a) The chief administrator of each school shall maintain, on a form prescribed by the executive council, screening records for each individual in attendance, and ...
• Texas Health & Safety Code Section 96.051 - Establishment
  Text of section effective until January 1, 2007 The commissioner shall establish the Advisory Panel on Health Care Associated Infections within the regulatory licensing ...
• Texas Health & Safety Code Section 96.052 - Membership
  Text of section effective until January 1, 2007 The advisory panel is composed of 14 members as follows: (1) two infection control practitioner members ...
• Texas Health & Safety Code Section 96.053 - Member Eligibility
  Text of section effective until January 1, 2007 A person may not be a member of the advisory panel if the person is required ...
• Texas Health & Safety Code Section 96.054 - Officers
  Text of section effective until January 1, 2007 The members of the advisory panel shall elect a presiding officer and an assistant presiding officer ...
• Texas Health & Safety Code Section 96.055 - Compensation; Expenses
  Text of section effective until January 1, 2007 (a) Except as provided by Subsection (b), a member of the advisory panel is not entitled ...
• Texas Health & Safety Code Section 96.056 - Vacancy
  Text of section effective until January 1, 2007 A vacancy on the advisory panel shall be filled by the commissioner. Added by Acts 2005, ...
• Texas Health & Safety Code Section 96.057 - Abolished
  Text of section effective until January 1, 2007 The Advisory Panel on Health Care Associated Infections is abolished January 1, 2007. Added by Acts ...
• Texas Health & Safety Code Section 96.101 - General Powers And Duties
  Text of section effective until January 1, 2007 (a) The advisory panel, using nationally accepted measures, shall study and recommend definitions and methodologies for ...
• Texas Health & Safety Code Section 96.102 - Report To Legislature
  Text of section effective until January 1, 2007 (a) Not later than November 1, 2006, the commissioner shall file a report with the presiding ...
• Texas Health & Safety Code Section 101.001 - Definitions
  In this chapter: (1) "Alzheimer's disease and related disorders support group" means a local, state, or national organization that: (A) is established to provide support ...
• Texas Health & Safety Code Section 101.002 - Composition Of Council
  (a) The Texas Council on Alzheimer's Disease and Related Disorders is composed of: (1) five public members, one of whom is an individual related to ...
• Texas Health & Safety Code Section 101.0021 - Conflict Of Interest
  (a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist ...
• Texas Health & Safety Code Section 101.0022 - Grounds For Removal
  (a) It is a ground for removal from the council that a member: (1) does not have at the time of taking office the qualifications ...
• Texas Health & Safety Code Section 101.0023 - Training
  (a) A person who is appointed to and qualifies for office as a member of the council may not vote, deliberate, or be counted as ...
• Texas Health & Safety Code Section 101.004 - Terms; Vacancy
  (a) Appointed council members serve for staggered six-year terms, with the terms of four members expiring August 31 of each odd-numbered year. (b) If a ...
• Texas Health & Safety Code Section 101.005 - Compensation
  (a) A member of the council is not entitled to compensation but is entitled to reimbursement for actual and necessary expenses incurred in performing council ...
• Texas Health & Safety Code Section 101.006 - Meetings
  (a) The council shall meet at least twice each calendar year and at the call of the chairman. (b) The council shall adopt rules for ...
• Texas Health & Safety Code Section 101.0065 - Public Testimony
  The council shall develop and implement policies that provide the public with a reasonable opportunity to appear before the council and to speak on any ...
• Texas Health & Safety Code Section 101.007 - Powers And Duties Of Council
  (a) The council shall: (1) advise the board and recommend needed action for the benefit of victims of Alzheimer's disease and related disorders and for ...
• Texas Health & Safety Code Section 101.0075 - Division Of Policy And Management Responsibilities
  The council shall develop and implement policies that clearly separate the policymaking responsibilities of the council and the management responsibilities of the commissioner and the ...
• Texas Health & Safety Code Section 101.008 - Duties Of Department
  The department shall: (1) provide administrative assistance, services, and materials to the council; (2) accept, deposit, and disburse funds made available to the council at ...
• Texas Health & Safety Code Section 101.0081 - Information About Standards Of Conduct
  The commissioner or the commissioner's designee shall provide to members of the council, as often as necessary, information regarding the requirements for office under this ...
• Texas Health & Safety Code Section 101.009 - Gifts And Grants
  (a) The council is encouraged to seek and the department may accept on behalf of the council a gift or grant from any public or ...
• Texas Health & Safety Code Section 101.010 - Report
  Before September 1 of each even-numbered year, the council shall submit a biennial report of the council's activities and recommendations to the governor, lieutenant governor, ...
• Texas Health & Safety Code Section 102.001 - Definition
  In this chapter, "council" means the Texas Cancer Council. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 102.002 - Texas Cancer Council
  The Texas Cancer Council shall develop and work to implement the Texas Cancer Plan. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, ...
• Texas Health & Safety Code Section 102.003 - Sunset Provision
  The Texas Cancer Council is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the council ...
• Texas Health & Safety Code Section 102.004 - Composition Of Council
  (a) The council is composed of: (1) the chairman of the Texas Board of Health, or a representative appointed by the chairman, who serves as ...
• Texas Health & Safety Code Section 102.0041 - Qualifications Of Council Members And Employees
  (a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist ...
• Texas Health & Safety Code Section 102.005 - Terms; Vacancy
  (a) Except for the ex officio member of the council, council members serve for staggered six-year terms, with the terms of five members expiring February ...
• Texas Health & Safety Code Section 102.006 - Officers
  The governor shall designate a member of the council, other than the ex officio member, as the presiding officer of the council to serve in ...
• Texas Health & Safety Code Section 102.007 - Compensation
  (a) A member of the council is not entitled to compensation but is entitled to reimbursement for actual and necessary expenses incurred in performing council ...
• Texas Health & Safety Code Section 102.008 - Meetings
  (a) The council shall meet at the call of the presiding officer. (b) The council shall develop and implement policies that provide the public with ...
• Texas Health & Safety Code Section 102.009 - Powers And Duties Of Council
  (a) The council shall: (1) work to implement the Texas Cancer Plan; (2) continually monitor and revise the Texas Cancer Plan as necessary; (3) promote ...
• Texas Health & Safety Code Section 102.010 - Grant Program
  (a) If funds are available, the council may establish a grant program to provide funds to public or private persons to implement the Texas Cancer ...
• Texas Health & Safety Code Section 102.011 - Standards Of Conduct
  The executive director or the executive director's designee shall provide to members of the council and to council employees, as often as necessary, information regarding ...
• Texas Health & Safety Code Section 102.012 - Cancer Resource Fund
  (a) The cancer resource fund is an account of the general revenue fund. (b) The legislature may appropriate money deposited to the credit of the ...
• Texas Health & Safety Code Section 102.013 - Training
  (a) A person who is appointed to and qualifies for office as a member of the council may not vote, deliberate, or be counted as ...
• Texas Health & Safety Code Section 102.014 - Separation Of Responsibilities
  The council shall develop and implement policies that clearly separate the policymaking responsibilities of the council and the management responsibilities of the executive director and ...
• Texas Health & Safety Code Section 102.015 - Complaints
  (a) The council shall maintain a file on each written complaint filed with the council. The file must include: (1) the name of the person ...
• Texas Health & Safety Code Section 102.016 - Equal Employment Opportunity
  (a) The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity ...
• Texas Health & Safety Code Section 102.017 - Texans Conquer Cancer Account
  (a) The Texans Conquer Cancer account is a separate account in the general revenue fund. The account is composed of: (1) money deposited to the ...
• Texas Health & Safety Code Section 102.018 - Texans Conquer Cancer Advisory Committee
  (a) The council shall appoint a seven-member Texans Conquer Cancer advisory committee. (b) The committee shall: (1) assist the council in establishing guidelines for the ...
• Texas Health & Safety Code Section 103.001 - Definitions
  In this chapter: (1) "Council" means the Texas Diabetes Council. (2) "Person with diabetes" means a person diagnosed by a physician as having diabetes. Acts ...
• Texas Health & Safety Code Section 103.002 - Composition Of Council
  (a) The Texas Diabetes Council is composed of 11 citizen members appointed from the public and one representative each from the department, the Texas Education ...
• Texas Health & Safety Code Section 103.0024 - Training
  (a) A person who is appointed to and qualifies for office as a member of the council may not vote, deliberate, or be counted as ...
• Texas Health & Safety Code Section 103.0025 - Information About Standards Of Conduct
  The commissioner or the commissioner's designee shall provide to members of the council, as often as necessary, information regarding the requirements for office under this ...
• Texas Health & Safety Code Section 103.004 - Restrictions On Council Appointment, Membership, Or Employment
  (a) A person is not eligible for appointment or service as a citizen member if the person or the person's spouse: (1) is employed by ...
• Texas Health & Safety Code Section 103.005 - Terms
  (a) Council members appointed by the governor serve for staggered six-year terms, with the terms of three or four members expiring February 1 of each ...
• Texas Health & Safety Code Section 103.006 - Chairman
  The governor shall designate a member of the council as the chairman of the council to serve in that capacity at the will of the ...
• Texas Health & Safety Code Section 103.007 - Removal Of Council Member
  (a) It is a ground for removal from the council if a member: (1) is not eligible for appointment to the council at the time ...
• Texas Health & Safety Code Section 103.008 - Vacancy
  (a) The office of a member appointed by an agency becomes vacant when the person terminates employment with the agency or when the agency elects ...
• Texas Health & Safety Code Section 103.009 - Reimbursement
  (a) The department shall reimburse council and advisory committee members for travel and other necessary expenses incurred in performing official duties at the same rate ...
• Texas Health & Safety Code Section 103.010 - Staff Support
  Each agency represented on the council shall provide the council with periodic staff support of specialists as needed and may provide staff support to an ...
• Texas Health & Safety Code Section 103.0105 - Division Of Policy And Management Responsibilities
  The council shall develop and implement policies that clearly separate the policymaking responsibilities of the council and the management responsibilities of the commissioner and the ...
• Texas Health & Safety Code Section 103.011 - Advisory Committees
  (a) The council may establish advisory committees the council considers necessary and may determine the appropriate membership for each committee. (b) The council shall specify ...
• Texas Health & Safety Code Section 103.012 - Meetings
  (a) The council shall meet at least quarterly and shall adopt rules for the conduct of its meetings. (b) Any action taken by the council ...
• Texas Health & Safety Code Section 103.013 - State Plan
  (a) The council shall develop and implement a state plan for diabetes treatment, education, and training to ensure that: (1) this chapter is properly implemented ...
• Texas Health & Safety Code Section 103.014 - Powers And Duties
  (a) The council shall address contemporary issues affecting health promotion services in the state, including: (1) professional and patient education; (2) successful diabetes education strategies; ...
• Texas Health & Safety Code Section 103.015 - Gifts And Grants
  (a) The council may receive gifts and grants from any public or private source to perform its duties under this chapter. The department shall accept ...
• Texas Health & Safety Code Section 103.016 - Public Information And Participation; Complaints
  (a) The council shall prepare information of public interest describing the functions of the council and describing council procedures by which complaints are filed with ...
• Texas Health & Safety Code Section 103.017 - Public Awareness And Training
  (a) The department, the Texas Commission for the Blind, the Texas Rehabilitation Commission, the Texas Department of Human Services, and the Texas Education Agency shall ...
• Texas Health & Safety Code Section 103.0175 - Materials For School-Based And School-Linked Clinics
  The council, in consultation with the department, shall develop and make available materials that provide information about diabetes to be distributed to students and the ...
• Texas Health & Safety Code Section 103.018 - Annual Report
  The department shall file annually with the governor and the presiding officer of each house of the legislature a complete and detailed written report accounting ...
• Texas Health & Safety Code Section 103.019 - Audit
  The financial transactions pertaining to the council are subject to audit by the state auditor in accordance with Chapter 321, Government Code. Acts 1989, 71st ...
• Texas Health & Safety Code Section 104.001 - Policy; Purpose
  (a) The policy of this state and the purpose of this chapter are to: (1) ensure that health care services and facilities are available to ...
• Texas Health & Safety Code Section 104.002 - Definition
  In this chapter, "health care facility" means a public or private hospital, skilled nursing facility, intermediate care facility, ambulatory surgical facility, family planning clinic that ...
• Texas Health & Safety Code Section 104.003 - Federal Law
  A reference in this chapter to federal law is a reference to any pertinent federal authority, including: (1) the National Health Planning and Resources Development ...
• Texas Health & Safety Code Section 104.004 - Interagency Cooperation
  Each state agency, department, instrumentality, grantee, political subdivision, and institution of higher education shall cooperate with the department in performing assigned duties and functions. Acts ...
• Texas Health & Safety Code Section 104.005 - Limitations On Powers Of Department
  This chapter does not authorize the department or an official or employee of the department to: (1) supervise or control the practice of medicine, the ...
• Texas Health & Safety Code Section 104.011 - Composition Of Council
  (a) The statewide health coordinating council is composed of 17 members determined as follows: (1) the commissioner of health and human services or a representative ...
• Texas Health & Safety Code Section 104.0111 - Conflict Of Interest
  (a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist ...
• Texas Health & Safety Code Section 104.0112 - Grounds For Removal
  (a) It is a ground for removal from the statewide health coordinating council that a member: (1) does not have at the time of taking ...
• Texas Health & Safety Code Section 104.0113 - Training
  (a) A person who is appointed to and qualifies for office as a member of the statewide health coordinating council may not vote, deliberate, or ...
• Texas Health & Safety Code Section 104.0115 - Terms
  (a) Members of the council serve for staggered six-year terms, with the terms of four or five members expiring August 31 of each odd-numbered year. ...
• Texas Health & Safety Code Section 104.012 - Rules
  The statewide health coordinating council shall adopt rules governing the development and implementation of the state health plan. Acts 1989, 71st Leg., ch. 678, § ...
• Texas Health & Safety Code Section 104.013 - Fees
  The statewide health coordinating council may establish and charge fees for public health planning, data, and statistical services. Acts 1989, 71st Leg., ch. 678, § ...
• Texas Health & Safety Code Section 104.014 - Assistance
  The department, in accordance with rules adopted by the statewide health coordinating council, shall assist the council in performing the council's duties and functions. Acts ...
• Texas Health & Safety Code Section 104.0141 - Division Of Policy And Management Responsibilities
  The statewide health coordinating council shall develop and implement policies that clearly separate the policymaking responsibilities of the council and the management responsibilities of the ...
• Texas Health & Safety Code Section 104.0142 - Information About Standards Of Conduct
  The commissioner or the commissioner's designee shall provide to members of the statewide health coordinating council, as often as necessary, information regarding the requirements for ...
• Texas Health & Safety Code Section 104.015 - Advisory Boards And Ad Hoc Committees
  The statewide health coordinating council may form advisory boards or ad hoc committees composed of health care experts from the public and private sectors to ...
• Texas Health & Safety Code Section 104.0155 - Nursing Advisory Committee
  (a) The statewide health coordinating council shall form a nursing advisory committee the majority of the members of which must be nurses. The committee: (1) ...
• Texas Health & Safety Code Section 104.0156 - Health Care Information Technology Advisory Committee
  (a) The statewide health coordinating council shall form an advisory committee on health care information technology. The committee must include representatives of interested groups, including ...
• Texas Health & Safety Code Section 104.016 - Public Testimony
  The statewide health coordinating council shall develop and implement policies that provide the public with a reasonable opportunity to appear before the council and to ...
• Texas Health & Safety Code Section 104.021 - Proposed State Health Plan
  (a) The department, in accordance with rules adopted by the statewide health coordinating council, shall prepare and review a proposed state health plan every six ...
• Texas Health & Safety Code Section 104.022 - State Health Plan
  (a) Information needed for the development of the state health plan shall be gathered through systematic methods designed to include local, regional, and statewide perspectives. ...
• Texas Health & Safety Code Section 104.023 - Review Of State Health Plan
  The statewide health coordinating council shall submit the state health plan to the Health and Human Services Commission for review and comment before the plan ...
• Texas Health & Safety Code Section 104.024 - Submission Of Plan To Governor
  The statewide health coordinating council shall approve the state health plan for submission to the governor in accordance with applicable federal law and, not later ...
• Texas Health & Safety Code Section 104.025 - Implementation Of State Health Plan
  The statewide health coordinating council shall promote the implementation of the recommendations made in the state health plan. Acts 1989, 71st Leg., ch. 678, § ...
• Texas Health & Safety Code Section 104.026 - Cost Data
  (a) A state agency directly affected by a recommendation in the state health plan shall submit cost data for the implementation of the recommendation to ...
• Texas Health & Safety Code Section 104.041 - State Health Planning And Development Agency
  (a) The department is the state health planning and development agency for this state. (b) After a public hearing and with the governor's approval, the ...
• Texas Health & Safety Code Section 104.042 - Data Collection
  (a) The board by rule shall establish reasonable procedures for the collection of data from health care facilities and for the distribution of data necessary ...
• Texas Health & Safety Code Section 104.0421 - Statewide Data Collection And Coordination
  (a) The statewide health coordinating council shall work with appropriate health professional licensing agencies to develop uniform standards for health professional data collected by those ...
• Texas Health & Safety Code Section 104.043 - Failure To Submit Data; Civil Penalty
  (a) If the department does not receive necessary data from an entity as required by the board rules, the department shall send to the entity ...
• Texas Health & Safety Code Section 104.044 - Sorting Collected Data
  (a) The department shall compile the health data collected under this subchapter and organize the results, to the extent possible, according to the following geographic ...
• Texas Health & Safety Code Section 105.001 - Definitions
  In this chapter: (1) "Health profession" means any health or allied health profession that is licensed, certified, or registered by a state board, agency, or ...
• Texas Health & Safety Code Section 105.002 - Establishment Of Center
  (a) In conjunction with the Texas Higher Education Coordinating Board and in such a way as to avoid duplication of effort, the council shall establish ...
• Texas Health & Safety Code Section 105.003 - Collection Of Data
  (a) The council shall place a high priority on collecting and disseminating data on health professions demonstrating an acute shortage in this state, including: (1) ...
• Texas Health & Safety Code Section 105.004 - Reports
  (a) The council may use the data collected and analyzed under this chapter to publish reports regarding: (1) the educational and employment trends for health ...
• Texas Health & Safety Code Section 105.005 - Rules
  The board may adopt rules to govern the reporting and collection of data. Added by Acts 1991, 72nd Leg., ch. 14, § 40, eff. Sept. ...
• Texas Health & Safety Code Section 105.006 - Assistance Of Other State Agencies
  The Texas Higher Education Coordinating Board or the department may require the assistance of other state agencies or institutions of higher education for the development ...
• Texas Health & Safety Code Section 105.007 - Clearinghouse
  (a) As part of the comprehensive health professions resource center, the council shall develop and establish a clearinghouse for health professionals seeking collaborative practice. (b) ...
• Texas Health & Safety Code Section 105.008 - Goals And Strategies Concerning The Number Of Graduates From Professional Nursing Programs
  Text of section effective until June 1, 2007 (a) In this section, "professional nursing program" has the meaning assigned by Section 61.9621, Education Code. (b) ...
• Texas Health & Safety Code Section 107.001 - Definition
  In this chapter, "task force" means the health disparities task force established under this chapter. Added by Acts 2001, 77th Leg., ch. 1434, § 1, ...
• Texas Health & Safety Code Section 107.002 - Purpose
  The purpose of the task force is to assist the department in accomplishing the following goals: (1) to eliminate health and health access disparities in ...
• Texas Health & Safety Code Section 107.003 - Duties
  (a) The task force shall: (1) investigate and report on issues related to health and health access disparities among multicultural, disadvantaged, and regional populations; (2) ...
• Texas Health & Safety Code Section 107.004 - Report
  The task force shall submit a biennial report on the progress of the department in accomplishing the goals described by Section 107.002 to the governor, ...
• Texas Health & Safety Code Section 107.005 - Composition
  (a) The task force consists of nine members as follows: (1) three members appointed by the governor, each of whom represents a different interest described ...
• Texas Health & Safety Code Section 107.006 - Meetings
  The task force shall meet at the call of the presiding officer. Added by Acts 2001, 77th Leg., ch. 1434, § 1, eff. Sept. 1, ...
• Texas Health & Safety Code Section 107.007 - Reimbursement For Expenses
  A task force member is not entitled to compensation but is entitled to reimbursement for the member's travel expenses as provided by Chapter 660, Government ...
• Texas Health & Safety Code Section 107.008 - Personnel And Facilities
  The task force is administratively attached to the department. The department shall provide the necessary staff and facilities to assist the task force in performing ...
• Texas Health & Safety Code Section 107.009 - Applicability Of Other Law
  Chapter 2110, Government Code, does not apply to the task force. Added by Acts 2001, 77th Leg., ch. 1434, § 1, eff. Sept. 1, 2001. ...
• Texas Health & Safety Code Section 108.001 - Creation Of Council
  The Texas Health Care Information Council shall administer this chapter and report to the governor, the legislature, and the public. Added by Acts 1995, 74th ...
• Texas Health & Safety Code Section 108.002 - Definitions
  In this chapter: (1) "Accurate and consistent data" means data that has been edited by the council and subject to provider validation and certification. (2) ...
• Texas Health & Safety Code Section 108.0025 - Rural Provider
  For purposes of this chapter, a provider is a rural provider if the provider: (1) is located in a county that: (A) has a population ...
• Texas Health & Safety Code Section 108.003 - Council Composition; Expenses
  (a) The council is composed of four ex officio state agency members and 15 members appointed by the governor in accordance with this section. (b) ...
• Texas Health & Safety Code Section 108.004 - Meetings
  (a) The council, council committees, and technical advisory committees are subject to the open meetings law, Chapter 551, Government Code. (b) The council shall meet ...
• Texas Health & Safety Code Section 108.0045 - Open Records
  Subject to the restrictions of this chapter, the council is subject to the open records law, Chapter 552, Government Code. Added by Acts 1997, 75th ...
• Texas Health & Safety Code Section 108.005 - Terms
  (a) The terms of the agency members are concurrent with their terms of office. The appointed council members serve six-year staggered terms, with the terms ...
• Texas Health & Safety Code Section 108.006 - Powers And Duties Of Council
  (a) The council shall develop a statewide health care data collection system to collect health care charges, utilization data, provider quality data, and outcome data ...
• Texas Health & Safety Code Section 108.0062 - Drug Purchasing Cooperatives
  (a) The council shall develop criteria for evaluating drug purchasing cooperatives that purchase drugs on behalf of consumers and create an evaluation form for consumers ...
• Texas Health & Safety Code Section 108.0065 - Powers And Duties Of Council Relating To Medicaid Managed Care
  (a) In this section: (1) "Commission" means the Health and Human Services Commission. (2) "Medicaid managed care organization" means a managed care organization, as defined ...
• Texas Health & Safety Code Section 108.007 - Review Powers
  (a) The council, through the department and subject to reasonable rules and guidelines, may: (1) inspect documents and records used by data sources that are ...
• Texas Health & Safety Code Section 108.008 - Duties Of Department
  (a) The department, as the state health planning and development agency under Chapter 104, is responsible for the collection of data under Chapter 311. (b) ...
• Texas Health & Safety Code Section 108.0081 - Memorandum Of Understanding
  The council and the department shall enter into a memorandum of understanding to implement the department's duties under Section 108.008(b). The memorandum of understanding must ...
• Texas Health & Safety Code Section 108.0085 - Duties Of Attorney General
  The attorney general shall furnish the council with advice and legal assistance that may be required to implement this chapter. Added by Acts 1997, 75th ...
• Texas Health & Safety Code Section 108.009 - Data Submission And Collection
  (a) The council may collect, and, except as provided by Subsections (c) and (d), providers shall submit to the council or another entity as determined ...
• Texas Health & Safety Code Section 108.010 - Collection And Dissemination Of Provider Quality Data
  (a) Subject to Section 108.009, the council shall collect data reflecting provider quality based on a methodology and review process established through the council's rulemaking ...
• Texas Health & Safety Code Section 108.011 - Dissemination Of Public Use Data And Council Publications
  (a) The council shall promptly provide public use data and data collected in accordance with Section 108.009(o) to those requesting it. The public use data ...
• Texas Health & Safety Code Section 108.012 - Computer Access To Data
  (a) The council shall provide a means for computer-to-computer access to the public use data. All reports shall maintain patient confidentiality as provided by Section ...
• Texas Health & Safety Code Section 108.013 - Confidentiality And General Access To Data
  (a) The data received by the council shall be used by the council for the benefit of the public. Subject to specific limitations established by ...
• Texas Health & Safety Code Section 108.0135 - Scientific Review Panel
  (a) The council shall establish a scientific review panel to review and approve requests for information other than public use data. The members of the ...
• Texas Health & Safety Code Section 108.014 - Civil Penalty
  (a) A person who knowingly or negligently releases data in violation of this chapter is liable for a civil penalty of not more than $10,000. ...
• Texas Health & Safety Code Section 108.0141 - Criminal Penalty
  (a) A person who knowingly accesses data in violation of this chapter or who with criminal negligence releases data in violation of this chapter commits ...
• Texas Health & Safety Code Section 108.015 - Conflict Of Interest
  The council may not accept a donation from a person required to provide data under this chapter or from a person or business entity who ...
• Texas Health & Safety Code Section 110.001 - Creation Of Foundation
  (a) The Office of Rural Community Affairs shall establish the Rural Foundation as a nonprofit corporation that complies with the Texas Non-Profit Corporation Act (Article ...
• Texas Health & Safety Code Section 110.002 - Powers And Duties
  (a) The Rural Foundation shall raise money from foundations, governmental entities, and other sources to finance health, community, and economic development programs in the rural ...
• Texas Health & Safety Code Section 110.003 - Board Of Directors
  (a) The Rural Foundation is governed by a board of five directors appointed by the executive committee of the Office of Rural Community Affairs from ...
• Texas Health & Safety Code Section 110.004 - Restrictions On Board Appointment, Membership, And Employment
  (a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist ...
• Texas Health & Safety Code Section 110.005 - Removal Of Board Member
  (a) It is a ground for removal from the board of directors of the Rural Foundation that a member: (1) is ineligible for membership under ...
• Texas Health & Safety Code Section 110.006 - Vacancy
  A vacancy on the board of directors of the Rural Foundation shall be filled for the remainder of the unexpired term in the same manner ...
• Texas Health & Safety Code Section 110.007 - Officers
  The board of directors of the Rural Foundation shall elect from among its members a presiding officer, an assistant presiding officer, and other officers the ...
• Texas Health & Safety Code Section 110.008 - Meetings
  The board of directors of the Rural Foundation may meet as often as necessary, but shall meet at least twice a year. Added by Acts ...
• Texas Health & Safety Code Section 110.009 - Tax Exemption
  All income, property, and other assets of the Rural Foundation are exempt from taxation by the state and political subdivisions of the state. Added by ...
• Texas Health & Safety Code Section 110.010 - Memorandum Of Understanding
  The Rural Foundation and the Office of Rural Community Affairs shall enter into a memorandum of understanding that: (1) requires the board of directors and ...
• Texas Health & Safety Code Section 110.011 - Records
  (a) The Rural Foundation shall maintain financial records and reports independently from those of the Office of Rural Community Affairs. (b) The Rural Foundation shall ...
• Texas Health & Safety Code Section 110.012 - Report To Office Of Rural Community Affairs
  Not later than the 60th day after the last day of the fiscal year, the Rural Foundation shall submit to the Office of Rural Community ...
• Texas Health & Safety Code Section 110.013 - Prohibited Use Of Funds
  Funds administered by the Rural Foundation may not be used to provide an abortion or a referral for an abortion, unless there is a medically ...
• Texas Health & Safety Code Section 111.001 - Definition
  In this chapter, "council" means the Interagency Council on Pharmaceuticals Bulk Purchasing. Added by Acts 2001, 77th Leg., ch. 1003, § 1, eff. Sept. 1, ...
• Texas Health & Safety Code Section 111.002 - Bulk Purchasing Council
  The Interagency Council on Pharmaceuticals Bulk Purchasing is composed of an officer or employee from each of the following agencies, appointed by the administrative head ...
• Texas Health & Safety Code Section 111.003 - Presiding Officer
  The position of presiding officer rotates among the members of the council according to the procedures adopted by the council. A term as presiding officer ...
• Texas Health & Safety Code Section 111.004 - Compensation
  Service on the council is an additional duty of a member's office or employment. A member of the council is not entitled to compensation, but ...
• Texas Health & Safety Code Section 111.005 - Support Staff
  The council's member agencies shall provide the staff for the council. Added by Acts 2001, 77th Leg., ch. 1003, § 1, eff. Sept. 1, 2001. ...
• Texas Health & Safety Code Section 111.006 - Council Powers And Duties
  (a) The council shall develop procedures that member agencies must follow in purchasing pharmaceuticals. A member agency may elect not to follow the council's procedures ...
• Texas Health & Safety Code Section 112.001 - Definitions
  In this chapter: (1) "Board of directors" means the board of directors of the Border Health Foundation. (2) "Foundation" means the Border Health Foundation. Added ...
• Texas Health & Safety Code Section 112.002 - Creation Of Foundation
  (a) The department shall establish the Border Health Foundation as a nonprofit corporation that complies with the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., ...
• Texas Health & Safety Code Section 112.003 - Powers And Duties
  (a) The foundation shall raise money from other foundations, governmental entities, and other sources to finance health programs in areas adjacent to the border with ...
• Texas Health & Safety Code Section 112.004 - Administration
  (a) The foundation is governed by a board of five directors. Vacancies shall be filled by a vote of the board of directors of the ...
• Texas Health & Safety Code Section 112.005 - Restrictions On Board Appointment, Membership, And Employment
  (a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist ...
• Texas Health & Safety Code Section 112.006 - Removal Of Board Member
  (a) It is a ground for removal from the board of directors that a member: (1) is ineligible for membership under Section 112.005; (2) cannot, ...
• Texas Health & Safety Code Section 112.007 - Vacancy
  A vacancy on the board of directors shall be filled for the remainder of the unexpired term in the same manner as provided in Section ...
• Texas Health & Safety Code Section 112.008 - Officers
  The board of directors shall elect from among its members a presiding officer, an assistant presiding officer, and other necessary officers. The presiding officer and ...
• Texas Health & Safety Code Section 112.009 - Meetings
  The board of directors may meet as often as necessary, but shall meet at least twice a year. Added by Acts 2003, 78th Leg., ch. ...
• Texas Health & Safety Code Section 112.010 - Tax Exemption
  All income, property, and other assets of the foundation are exempt from taxation by this state and political subdivisions of this state. Added by Acts ...
• Texas Health & Safety Code Section 112.011 - Memorandum Of Understanding
  The foundation and the department shall enter into a memorandum of understanding that: (1) requires the board of directors and staff of the foundation to ...
• Texas Health & Safety Code Section 112.012 - Funding
  (a) The department, another agency of this state, including an institution of higher education as defined by Section 61. 003, Education Code, or a political ...
• Texas Health & Safety Code Section 112.013 - Records
  (a) The foundation shall maintain financial records and reports independently from those of the department. (b) The foundation shall comply with all filing requirements of ...
• Texas Health & Safety Code Section 112.014 - Report To Department
  Not later than the 60th day after the last day of the fiscal year, the foundation shall submit to the department a report itemizing all ...
• Texas Health & Safety Code Section 113.051 - Composition Of Council
  (a) The council is composed of: (1) a representative of the department appointed by the commissioner; (2) a representative of the Department of Public Safety ...
• Texas Health & Safety Code Section 113.052 - Membership Eligibility
  A person is not eligible for appointment as a professional or public member of the council if the person or the person's spouse: (1) is ...
• Texas Health & Safety Code Section 113.053 - Terms; Vacancy
  (a) Council members appointed by the commissioner serve for staggered six-year terms, with the terms of two or three members, as applicable, expiring February 1 ...
• Texas Health & Safety Code Section 113.054 - Presiding Officer
  The commissioner shall designate a public member of the council as the presiding officer of the council to serve in that capacity at the will ...
• Texas Health & Safety Code Section 113.055 - Grounds For Removal
  (a) It is a ground for removal from the council that a member: (1) does not have at the time of taking office the qualifications ...
• Texas Health & Safety Code Section 113.056 - Meetings; Quorum
  (a) The council shall meet at least twice each calendar year and at the call of the presiding officer. (b) The council shall adopt bylaws ...
• Texas Health & Safety Code Section 113.057 - Compensation
  (a) A member of the council may not receive compensation for service on the council. (b) A member shall be reimbursed for the member's actual ...
• Texas Health & Safety Code Section 113.058 - Information About Standards Of Conduct
  The commissioner or the commissioner's designee shall provide to members of the council, as often as necessary, information regarding the requirements for membership on the ...
• Texas Health & Safety Code Section 113.101 - General Duties
  The council as required by the department shall: (1) advise the department concerning the Donor Education, Awareness, and Registry Program of Texas established under Chapter ...
• Texas Health & Safety Code Section 113.102 - Report
  Before December 1 of each even-numbered year, the council shall submit a report of the council's activities and recommendations to the governor, lieutenant governor, speaker ...
• Texas Health & Safety Code Section 113.103 - Audit
  The financial transactions pertaining to the council are subject to audit by the state auditor in accordance with Chapter 321, Government Code. Added by Acts ...
• Texas Health & Safety Code Section 113.104 - Costs In Administering Program
  Ten percent of all money collected under Sections 521.421(g), 521.422(c), and 502.1745, Transportation Code, may be appropriated only to the department to administer this chapter. ...
• Texas Health & Safety Code Section 121.001 - Short Title
  This chapter may be cited as the Local Public Health Reorganization Act. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 121.002 - Definitions
  In this chapter: (1) "Essential public health services" means services to: (A) monitor the health status of individuals in the community to identify community health ...
• Texas Health & Safety Code Section 121.003 - Powers Of Municipalities And Counties
  (a) The governing body of a municipality or the commissioners court of a county may enforce any law that is reasonably necessary to protect the ...
• Texas Health & Safety Code Section 121.0035 - Regulation Of Mobile Food Units And Roadside Food Vendors In Certain Populous Areas
  (a) In this section, "mobile food unit" and "roadside food vendor" have the meanings assigned under Section 437.001. (b) A municipality with a population of ...
• Texas Health & Safety Code Section 121.004 - Local Health Units
  A local health unit is a division of municipal or county government that provides public health services but does not provide each service required of ...
• Texas Health & Safety Code Section 121.005 - State And Local Affiliation; Contracts
  (a) A local health unit, local health department, or public health district may become affiliated with the department to facilitate the exchange of information and ...
• Texas Health & Safety Code Section 121.006 - Public Health Services Fees; State Support
  (a) The governing body of a municipality, the commissioners court of a county, or the administrative board of a public health district may adopt ordinances ...
• Texas Health & Safety Code Section 121.0065 - Grants For Essential Public Health Services
  (a) Subject to the availability of funds, the department shall administer a program under which appropriated money may be granted to counties, municipalities, public health ...
• Texas Health & Safety Code Section 121.0066 - Essential Public Health Services Provided By Department
  (a) Subject to the availability of funds, the department may provide essential public health services for a population for which a municipality, county, public health ...
• Texas Health & Safety Code Section 121.0067 - Evaluation And Report Of Delivery Of Essential Public Health Services
  (a) The department, in cooperation with municipalities, counties, public health districts, and other political subdivisions that receive grants under Section 121.0065, and the consortium established ...
• Texas Health & Safety Code Section 121.007 - Public Health Regions
  (a) The board may designate geographic areas of the state as public health regions to provide public health services. (b) The board shall appoint a ...
• Texas Health & Safety Code Section 121.008 - Annual Conference
  (a) The board shall hold an annual conference for health authorities and for directors of local health departments and public health districts. The commissioner or ...
• Texas Health & Safety Code Section 121.021 - Health Authority
  A health authority is a physician appointed under the provisions of this chapter to administer state and local laws relating to public health within the ...
• Texas Health & Safety Code Section 121.022 - Qualifications
  (a) A health authority must be: (1) a competent physician with a reputable professional standing who is legally qualified to practice medicine in this state; ...
• Texas Health & Safety Code Section 121.023 - Term Of Office
  A health authority serves for a term of two years and may be appointed to successive terms. Acts 1989, 71st Leg., ch. 678, § 1, ...
• Texas Health & Safety Code Section 121.024 - Duties
  (a) A health authority is a state officer when performing duties prescribed by state law. (b) A health authority shall perform each duty that is: ...
• Texas Health & Safety Code Section 121.025 - Removal From Office
  A health authority may be removed from office for cause under the personnel procedures applicable to the heads of departments of the local government that ...
• Texas Health & Safety Code Section 121.028 - Appointment Of Health Authority
  (a) The governing body of a municipality or the commissioners court of a county that has not established a local health department or a public ...
• Texas Health & Safety Code Section 121.029 - 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 ...
• Texas Health & Safety Code Section 121.031 - Establishment
  The governing body of a municipality or the commissioners court of a county may establish a local health department by majority vote. Acts 1989, 71st ...
• Texas Health & Safety Code Section 121.032 - Powers And Duties
  A local health department may perform all public health functions that the municipality or county that establishes the local health department may perform. Acts 1989, ...
• Texas Health & Safety Code Section 121.033 - Department Director
  (a) The governing body of a municipality or the commissioners court of a county shall appoint the director of the municipality's or county's local health ...
• Texas Health & Safety Code Section 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 ...
• Texas Health & Safety Code Section 121.034 - Public Health Board
  (a) The governing body of a municipality that establishes a local health department may provide for the creation of an administrative or advisory public health ...
• Texas Health & Safety Code Section 121.041 - Establishment
  By a majority vote of each governing body, a public health district may be established by: (1) two or more counties; (2) two or more ...
• Texas Health & Safety Code Section 121.042 - Admission To District
  (a) Any governmental entity, including a school district, may apply to become a member of a public health district. (b) The governing body of each ...
• Texas Health & Safety Code Section 121.043 - Powers And Duties
  (a) A public health district may perform any public health function that any of its members may perform unless otherwise restricted by law. (b) For ...
• Texas Health & Safety Code Section 121.044 - Cooperative Agreement
  (a) The members of a public health district shall prepare a written cooperative agreement that sets out fully the terms of operation of the district. ...
• Texas Health & Safety Code Section 121.045 - District Director
  (a) The members of a public health district shall appoint the director of the district. (b) The director is the chief administrative officer of the ...
• Texas Health & Safety Code Section 121.0451 - 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 ...
• Texas Health & Safety Code Section 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 ...
• Texas Health & Safety Code Section 121.047 - Finances
  The members of a public health district shall pay the costs necessary to operate the district, including costs for: (1) staff salaries; (2) supplies; (3) ...
• Texas Health & Safety Code Section 121.101 - Definition
  In this chapter, "consortium" means the public health consortium established under this subchapter. Added by Acts 1999, 76th Leg., ch. 1378, § 6, eff. June ...
• Texas Health & Safety Code Section 121.102 - Consortium Established
  Subject to availability of funds, the department shall establish a public health consortium composed of: (1) The University of Texas Health Science Center at San ...
• Texas Health & Safety Code Section 121.103 - General Duties
  (a) Subject to the availability of funds, the department, in consultation with the consortium and local health units, local health departments, and public health districts, ...
• Texas Health & Safety Code Section 122.001 - County Funding For Public Health And Sanitation
  The commissioners court of a county may appropriate and spend money from the county general revenues for public health and sanitation in the county. Acts ...
• Texas Health & Safety Code Section 122.002 - Health Unit In County With Population Of Less Than 22,000
  (a) The commissioners court of a county with a population of less than 22,000 may impose an ad valorem tax at a rate not to ...
• Texas Health & Safety Code Section 122.003 - Health Unit In County With Population Of 22,200 To 22,500
  (a) The commissioners court of a county with a population of 22,200 to 22,500 may impose an ad valorem tax at a rate not to ...
• Texas Health & Safety Code Section 122.004 - Appropriation To Hospital Established By Donation
  If a fund of at least $50,000 is left by will or otherwise to establish and maintain a hospital in a municipality with a population ...
• Texas Health & Safety Code Section 122.005 - Powers Of Type A General-Law Municipality
  (a) The governing body of a Type A general-law municipality may take any action necessary or expedient to promote health or suppress disease, including actions ...
• Texas Health & Safety Code Section 122.006 - Powers Of Home-Rule Municipalities
  A home-rule municipality may: (1) adopt rules to protect the health of persons in the municipality, including quarantine rules to protect the residents against communicable ...
• Texas Health & Safety Code Section 122.007 - Establishment Of Medical Clinics In Certain Counties
  (a) The commissioners court of a county with a population of less than 20,000 may establish a medical clinic for the provision of health care ...
• Texas Health & Safety Code Section 122.008 - Employment For Public Schools And Compensation
  (a) The commissioners court of a county may employ one or more registered nurses to visit the public schools in the county. (b) A nurse ...
• Texas Health & Safety Code Section 141.001 - Short Title
  This chapter may be cited as the Texas Youth Camp Safety and Health Act. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, ...
• Texas Health & Safety Code Section 141.002 - Definitions
  In this chapter: (1) "Camper" means a minor who is attending a youth camp on a day care or boarding basis. (2) "Day camp" includes ...
• Texas Health & Safety Code Section 141.0021 - Exemption
  This chapter does not apply to a facility or program operated by or on the campus of an institution of higher education or a private ...
• Texas Health & Safety Code Section 141.003 - License Required
  A person may not own, operate, control, or supervise a youth camp unless the person: (1) holds a license issued under this chapter for that ...
• Texas Health & Safety Code Section 141.0035 - License Fees
  (a) The board by rule shall establish the amount of the fee for obtaining or renewing a license under this chapter. The board shall set ...
• Texas Health & Safety Code Section 141.004 - License Application And Issuance
  (a) To obtain a license, a person must submit a license application accompanied by a license fee in an amount set by the board. (b) ...
• Texas Health & Safety Code Section 141.005 - License Renewal
  (a) A person holding a license issued under this chapter must renew the license annually by submitting a renewal application on a date determined by ...
• Texas Health & Safety Code Section 141.006 - Principal Authority For Youth Camps
  The department is the principal authority on matters relating to health and safety conditions at youth camps. In addition to the powers and duties established ...
• Texas Health & Safety Code Section 141.007 - Inspections
  (a) An employee or agent of the department may enter any property for which a license is issued under this chapter, property for which a ...
• Texas Health & Safety Code Section 141.008 - Adoption Of Rules; Exemption From Application Of Certain Rules
  (a) The board may adopt rules to implement this chapter. In adopting the rules the board shall comply with Subchapter B, Chapter 2001, Government Code, ...
• Texas Health & Safety Code Section 141.009 - Standards
  The board by rule shall establish health and safety standards for youth camps. The standards may relate to: (1) adequate and proper supervision at all ...
• Texas Health & Safety Code Section 141.0095 - Training And Examination Program
  (a) A person holding a license issued under this chapter may not employ or accept the volunteer service of an individual for a position involving ...
• Texas Health & Safety Code Section 141.0096 - Training Advisory Committee
  (a) The department shall appoint a training advisory committee to advise the department and the executive commissioner of the Health and Human Services Commission in ...
• Texas Health & Safety Code Section 141.010 - Advisory Committee
  (a) The board shall appoint a committee to advise the board in the development of standards and procedures, make recommendations to the board regarding the ...
• Texas Health & Safety Code Section 141.011 - Operator's Duty
  A youth camp operator shall provide each camper with safe and healthful conditions, facilities, and equipment that are free from recognized hazards that cause or ...
• Texas Health & Safety Code Section 141.012 - License Revocation
  (a) If the department finds that a violation of this chapter or a rule adopted under this chapter has occurred or is occurring at a ...
• Texas Health & Safety Code Section 141.013 - Board Hearings
  (a) The board may: (1) call and conduct hearings; (2) administer oaths; (3) receive evidence; (4) issue subpoenas for witnesses, papers, and documents related to ...
• Texas Health & Safety Code Section 141.014 - Judicial Review
  A person affected by a ruling, order, or other act of the department may appeal the action. Acts 1989, 71st Leg., ch. 678, § 1, ...
• Texas Health & Safety Code Section 141.015 - Civil Penalty; Injunction
  (a) A person who violates this chapter or a rule or order adopted under this chapter is subject to a civil penalty of not less ...
• Texas Health & Safety Code Section 141.016 - Administrative Penalty
  (a) The commissioner may assess an administrative penalty if a person violates this Act or a rule or order adopted or license issued under this ...
• Texas Health & Safety Code Section 141.017 - Administrative Penalty Assessment Procedure
  (a) An administrative penalty may be assessed only after a person charged with a violation is given an opportunity for a hearing. (b) If a ...
• Texas Health & Safety Code Section 141.018 - Payment Of Administrative Penalty
  (a) Not later than the 30th day after the date an order finding that a violation has occurred is issued, the commissioner shall inform the ...
• Texas Health & Safety Code Section 141.019 - Refund Of Administrative Penalty
  Not later than the 30th day after the date of a judicial determination that an administrative penalty against a person should be reduced or not ...
• Texas Health & Safety Code Section 141.020 - Recovery Of Administrative Penalty By Attorney General
  The attorney general at the request of the commissioner may bring a civil action to recover an administrative penalty under this chapter. Added by Acts ...
• Texas Health & Safety Code Section 142.001 - Definitions
  In this chapter: (1) "Administrative support site" means a facility or site where a home and community support services agency performs administrative and other support ...
• Texas Health & Safety Code Section 142.0011 - Scope, Purpose, And Implementation
  (a) The purpose of this chapter is to ensure that home and community support services agencies in this state deliver the highest possible quality of ...
• Texas Health & Safety Code Section 142.0012 - Controlling Person
  (a) A person is a controlling person if the person, acting alone or with others, has the ability to directly or indirectly influence, direct, or ...
• Texas Health & Safety Code Section 142.002 - License Required
  (a) Except as provided by Section 142.003, a person, including a health care facility licensed under this code, may not engage in the business of ...
• Texas Health & Safety Code Section 142.0025 - Temporary License
  If a person is in the process of becoming certified by the Department of Health and Human Services to qualify as a certified agency, the ...
• Texas Health & Safety Code Section 142.003 - Exemptions From Licensing Requirement
  (a) The following persons need not be licensed under this chapter: (1) a physician, dentist, registered nurse, occupational therapist, or physical therapist licensed under the ...
• Texas Health & Safety Code Section 142.004 - License Application
  (a) An applicant for a license to provide home health, hospice, or personal assistance services must: (1) file a written application on a form prescribed ...
• Texas Health & Safety Code Section 142.005 - Compliance Record In Other States
  The department may require an applicant or license holder to provide the department with information relating to compliance by the applicant, the license holder, or ...
• Texas Health & Safety Code Section 142.006 - License Issuance; Term
  (a) The department shall issue a home and community support services agency license to provide home health, hospice, or personal assistance services for each place ...
• Texas Health & Safety Code Section 142.0061 - Possession Of Sterile Water Or Saline
  A home and community support services agency or its employees who are registered nurses or licensed vocational nurses may purchase, store, or transport for the ...
• Texas Health & Safety Code Section 142.0062 - Possession Of Certain Vaccines Or Tuberculin
  (a) A home and community support services agency or its employees who are registered nurses or licensed vocational nurses may purchase, store, or transport for ...
• Texas Health & Safety Code Section 142.0063 - Possession Of Certain Dangerous Drugs
  (a) A home and community support services agency in compliance with this section or its employees who are registered nurses or licensed vocational nurses may ...
• Texas Health & Safety Code Section 142.0065 - Display Of License
  A license issued under this chapter shall be displayed in a conspicuous place in the designated place of business and must show: (1) the name ...
• Texas Health & Safety Code Section 142.007 - Notice Of Drug Testing Policy
  An agency licensed under this chapter shall provide to the following persons a written statement describing the agency's policy for the drug testing of employees ...
• Texas Health & Safety Code Section 142.008 - Branch Office
  (a) The department may issue a branch office license to a person who holds a license to provide home health or personal assistance services. (b) ...
• Texas Health & Safety Code Section 142.0085 - Alternate Delivery Site License
  (a) The department shall issue an alternate delivery site license to a qualified hospice. (b) The board by rule shall establish standards required for the ...
• Texas Health & Safety Code Section 142.009 - Surveys; Consumer Complaints
  (a) The department or its representative may enter the premises of a license applicant or license holder at reasonable times to conduct a survey incidental ...
• Texas Health & Safety Code Section 142.0091 - Surveyor Training
  (a) The department shall provide specialized training to representatives of the department who survey home and community support services agencies. The training must include information ...
• Texas Health & Safety Code Section 142.0092 - Consumer Complaint Data
  (a) The department shall maintain records or documents relating to complaints directed to the department by consumers of home health, hospice, or personal assistance services. ...
• Texas Health & Safety Code Section 142.0093 - Retaliation Prohibited
  (a) A person licensed under this chapter may not retaliate against another person for filing a complaint, presenting a grievance, or providing in good faith ...
• Texas Health & Safety Code Section 142.0094 - Use Of Regulatory Survey Reports And Other Documents
  (a) Except as otherwise provided by this section, a survey report or other document prepared by the department that relates to regulation of a home ...
• Texas Health & Safety Code Section 142.010 - Fees
  (a) The board shall set license fees for home and community support services agencies in amounts that are reasonable to meet the costs of administering ...
• Texas Health & Safety Code Section 142.0105 - License Renewal
  (a) A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required renewal fee to the department ...
• Texas Health & Safety Code Section 142.011 - Denial, Suspension, Or Revocation Of License
  (a) The department may deny a license application or suspend or revoke the license of a person who: (1) fails to comply with the rules ...
• Texas Health & Safety Code Section 142.012 - Powers And Duties
  (a) The board, with the recommendations of the council, shall adopt rules necessary to implement this chapter. (b) The board by rule shall set minimum ...
• Texas Health & Safety Code Section 142.013 - Injunction
  (a) A district court, on petition of the department and on a finding by the court that a person is violating this chapter, may by ...
• Texas Health & Safety Code Section 142.014 - Civil Penalty
  (a) A person who engages in the business of providing home health, hospice, or personal assistance service, or represents to the public that the person ...
• Texas Health & Safety Code Section 142.0145 - Violation Of Law Relating To Advance Directives
  (a) The department shall assess an administrative penalty against a home and community support services agency that violates Section 166.004. (b) A penalty assessed under ...
• Texas Health & Safety Code Section 142.015 - Advisory Council
  (a) The Home and Community Support Services Advisory Council is composed of the following 13 members, appointed by the governor: (1) three consumer representatives; (2) ...
• Texas Health & Safety Code Section 142.016 - Memorandum Of Understanding Relating To Nursing Services; Guidelines
  (a) The Board of Nurse Examiners and the department shall adopt a memorandum of understanding governing the circumstances under which the provision of health-related tasks ...
• Texas Health & Safety Code Section 142.017 - Administrative Penalty
  (a) The department may assess an administrative penalty against a person who violates: (1) this chapter or a rule adopted under this chapter; or (2) ...
• Texas Health & Safety Code Section 142.0171 - Notice; Request For Hearing
  (a) If, after investigation of a possible violation and the facts surrounding that possible violation, the department determines that a violation has occurred, the department ...
• Texas Health & Safety Code Section 142.0172 - Hearing; Order
  (a) If the person notified requests a hearing, the department shall: (1) set a hearing; (2) give written notice of the hearing to the person; ...
• Texas Health & Safety Code Section 142.0173 - Notice And Payment Of Administrative Penalty; Judicial Review; Refund
  (a) The department shall give notice of the order under Section 142.0172(c) to the person alleged to have committed the violation. The notice must include: ...
• Texas Health & Safety Code Section 142.0174 - Use Of Administrative Penalty
  An administrative penalty collected under this subchapter may be appropriated for the purpose of funding the grant program established under Section 161.074, Human Resources Code. ...
• Texas Health & Safety Code Section 142.0175 - Expenses And Costs For Collection Of Civil Or Administrative Penalty
  (a) If the attorney general brings an action against a person under Section 142.013 or 142.014 or to enforce an administrative penalty assessed under Section ...
• Texas Health & Safety Code Section 142.018 - Reports Of Abuse, Exploitation, Or Neglect
  (a) In this section, "abuse," "exploitation," and "neglect" have the meanings assigned by Section 48.002, Human Resources Code. (b) A home and community support services ...
• Texas Health & Safety Code Section 142.019 - Certain Physician Referrals Prohibited
  A physician may not refer a patient to a home and community support services agency if the referral violates 42 U.S.C. Section 1395nn and its ...
• Texas Health & Safety Code Section 142.020 - Disposal Of Special Or Medical Waste
  (a) A home and community support services agency that generates special or medical waste while providing home health services must dispose of the waste in ...
• Texas Health & Safety Code Section 142.021 - Administration Of Medication
  A person may not administer medication to a client of a home and community support services agency unless the person: (1) holds a license under ...
• Texas Health & Safety Code Section 142.022 - Exemptions For Nursing Students And Medication Aide Trainees
  (a) Sections 142.021 and 142.029 do not apply to: (1) a graduate nurse holding a temporary permit issued by the Board of Nurse Examiners; (2) ...
• Texas Health & Safety Code Section 142.023 - Rules For Administration Of Medication
  The board by rule shall establish: (1) minimum requirements for the issuance, denial, renewal, suspension, emergency suspension, and revocation of a permit to a home ...
• Texas Health & Safety Code Section 142.024 - Home Health Medication Aide Training Programs
  (a) An application for the approval of a home health medication aide training program must be made to the department on a form and under ...
• Texas Health & Safety Code Section 142.025 - Issuance And Renewal Of Home Health Medication Aide Permit
  (a) To be issued or to have renewed a home health medication aide permit, a person shall apply to the department on a form prescribed ...
• Texas Health & Safety Code Section 142.026 - Fees For Issuance And Renewal Of Home Health Medication Aide Permit
  (a) The board shall set the fees in amounts reasonable and necessary to recover the amount projected by the department as required to administer its ...
• Texas Health & Safety Code Section 142.027 - Violation Of Home Health Medication Aide Permits
  (a) For the violation of this subchapter or a rule adopted under this subchapter, the department may: (1) deny, suspend, revoke, or refuse to renew ...
• Texas Health & Safety Code Section 142.028 - Emergency Suspension Of Home Health Medication Aide Permits
  (a) The department shall issue an order to suspend a permit issued under Section 142.025 if the department has reasonable cause to believe that the ...
• Texas Health & Safety Code Section 142.029 - Administration Of Medication; Criminal Penalty
  (a) A person commits an offense if the person knowingly administers medication to a client of a home and community support services agency and the ...
• Texas Health & Safety Code Section 142.030 - Dispensing Dangerous Drugs Or Controlled Substances; Criminal Penalty
  (a) A person authorized by this subchapter to administer medication to a client of a home and community support services agency may not dispense dangerous ...
• Texas Health & Safety Code Section 143.001 - Definitions
  In this chapter: (1) "Employer" means a person who, directly, indirectly, or through an employee, agent, independent contractor, or any other person, delivers to another ...
• Texas Health & Safety Code Section 143.002 - Employer's Permit Required
  (a) An employer may not deliver materials for industrial homework to any person in this state without an employer's permit issued by the board. (b) ...
• Texas Health & Safety Code Section 143.003 - Employer's Permit Application And Issuance; Term
  (a) An applicant must apply for an employer's permit in the form prescribed by board rule. (b) The application must be accompanied by a $50 ...
• Texas Health & Safety Code Section 143.004 - Suspension Or Revocation Of Employer's Permit
  The board may suspend or revoke an employer's permit if the board finds that the employer has violated this chapter or has failed to comply ...
• Texas Health & Safety Code Section 143.005 - Homeworker's Certificate Required
  (a) A person may not engage in industrial homework without a homeworker's certificate issued by the board. (b) A homeworker's certificate is valid only for ...
• Texas Health & Safety Code Section 143.006 - Homeworker's Certificate Application And Issuance; Term
  (a) An applicant must apply for a homeworker's certificate in the form prescribed by board rule. Each applicant must present a health certificate or other ...
• Texas Health & Safety Code Section 143.007 - Suspension Or Revocation Of Homeworker's Certificate
  The board may suspend or revoke a homeworker's certificate if the board finds that the industrial homeworker: (1) is performing industrial homework in violation of ...
• Texas Health & Safety Code Section 143.008 - Prohibition On Issuance Of Permit Or Certificate
  The board may not issue an employer's permit or a homeworker's certificate to authorize industrial homework or the delivery of materials for industrial homework if ...
• Texas Health & Safety Code Section 143.009 - Order Prohibiting Certain Industrial Homework; Hearing
  (a) The board by order shall prohibit industrial homework in a certain industry and shall require employers in that industry to stop delivering in this ...
• Texas Health & Safety Code Section 143.010 - General Powers And Duties Of Board
  (a) The board may adopt rules necessary to implement this chapter and shall enforce this chapter. (b) The board or the board's representative shall conduct ...
• Texas Health & Safety Code Section 143.011 - Prohibition On Certain Deliveries By Employer
  An employer may not deliver or cause to be delivered any materials for industrial homework to a person who does not possess an employer's permit ...
• Texas Health & Safety Code Section 143.012 - Record Requirements; Investigation
  (a) A person who holds an employer's permit may not deliver or cause to be delivered or received materials for industrial homework or receive an ...
• Texas Health & Safety Code Section 143.013 - Label Requirement
  (a) An employer may not deliver or cause to be delivered materials for industrial homework unless there has been conspicuously affixed to those materials a ...
• Texas Health & Safety Code Section 143.014 - Disposition Of Unlawfully Manufactured Articles
  (a) The board may remove from a home articles that are being manufactured in the home in violation of this chapter and materials used to ...
• Texas Health & Safety Code Section 143.015 - Criminal Penalty
  (a) An employer commits an offense if the employer: (1) violates Section 143.002; (2) refuses to allow the board or its representative to enter the ...
• Texas Health & Safety Code Section 144.001 - Short Title
  This chapter may be cited as the Texas Renderers' Licensing Act. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 144.002 - Definitions
  In this chapter: (1) "Dead animal" means the whole or substantially whole carcass of a dead or fallen domestic animal, or domesticated wild animal, that ...
• Texas Health & Safety Code Section 144.003 - Construction Of Other Laws
  (a) This chapter does not affect: (1) Chapter 141, Agriculture Code; or (2) any state law or a rule of any public regulatory body that ...
• Texas Health & Safety Code Section 144.011 - License Required
  (a) A person may not operate a rendering business, or any adjunct to a rendering business, without having a rendering establishment operating license issued by ...
• Texas Health & Safety Code Section 144.012 - Exemptions From Licensing Requirement
  (a) Unless the person also performs rendering operations or processes, this chapter does not apply to a person who: (1) slaughters, butchers, manufactures, or sells ...
• Texas Health & Safety Code Section 144.013 - License Application And Issuance
  (a) To be considered by the department for an operating license, a person must submit a sworn application to the department. The application must: (1) ...
• Texas Health & Safety Code Section 144.021 - General Requirements For Operating Licenses
  (a) Each applicant for or holder of an operating license shall adopt operating procedures that: (1) provide for the sanitary performance of rendering operations and ...
• Texas Health & Safety Code Section 144.022 - Records
  (a) Each licensed rendering establishment, related station, or dead animal hauler shall have a dead animal log that meets the requirements prescribed by the department. ...
• Texas Health & Safety Code Section 144.023 - Vehicles; Permit Required
  (a) A vehicle used to transport dead animals or renderable raw materials to or from a rendering establishment must: (1) be leak-proof and maintained in ...
• Texas Health & Safety Code Section 144.024 - Treatment Of Dead Animals Or Renderable Raw Materials
  (a) Dead animals or renderable raw materials received by a rendering establishment shall either be immediately placed in the rendering process or stored for not ...
• Texas Health & Safety Code Section 144.025 - Floors
  (a) During operations, the floors in processing areas shall be kept reasonably free from processing wastes, including: (1) blood; (2) manure; (3) scraps; (4) grease; ...
• Texas Health & Safety Code Section 144.026 - Waste Treatment
  (a) Waste shall be handled and disposed of in a manner that prevents contamination of: (1) the water supply; (2) processing equipment; (3) packaging materials; ...
• Texas Health & Safety Code Section 144.027 - Employee Facilities
  (a) Adequate and convenient toilet facilities for employees shall be located in an establishment. (b) An adequate number of lavatory facilities for employees to wash ...
• Texas Health & Safety Code Section 144.028 - Hygiene Requirements
  A person engaging in rendering processes or operations shall wear washable garments and accessories and conform to hygienic practices. Acts 1989, 71st Leg., ch. 678, ...
• Texas Health & Safety Code Section 144.029 - Sanitary Conditions Required
  (a) The premises of a rendering establishment shall be kept clean and neat, in good repair, and reasonably free from: (1) undue collection of refuse; ...
• Texas Health & Safety Code Section 144.030 - Collection Container Requirements
  (a) A container in which dead animals or renderable raw materials are accumulated by a producer at collecting points for pickup by a dead animal ...
• Texas Health & Safety Code Section 144.031 - Prohibited Purchases Or Sales
  (a) A person may not sell or offer for sale a raw or uncooked dead animal or renderable raw material that contains disease-producing organisms to ...
• Texas Health & Safety Code Section 144.041 - Permit Required
  (a) Except as provided by Section 144.042, a person may not construct a new rendering establishment or engage in construction involving an addition or replacement ...
• Texas Health & Safety Code Section 144.042 - Exemption From Permit Requirement
  A construction permit from the department for the construction of a new rendering business or for construction at a rendering business is not required if ...
• Texas Health & Safety Code Section 144.043 - Permit Application And Issuance
  (a) To receive a construction permit, a person must submit a sworn application to the department. The application must: (1) describe the type of construction ...
• Texas Health & Safety Code Section 144.051 - Rendering Establishment And Related Station Construction
  (a) All construction of a rendering establishment, related station, or transfer station subject to this chapter must: (1) provide for sanitary operations and environmental conditions; ...
• Texas Health & Safety Code Section 144.052 - General Construction And Layout Requirements
  (a) A rendering establishment shall provide sufficient space for: (1) the sanitary administration of rendering operations and processes; (2) the installation of necessary utility equipment; ...
• Texas Health & Safety Code Section 144.053 - Restroom Facilities
  (a) A rendering establishment shall provide toilet and dressing room facilities for employees of each sex. The department must approve the design, construction, and equipment ...
• Texas Health & Safety Code Section 144.054 - Ventilation Requirements
  (a) A rendering establishment shall provide sufficient ventilation to dispel disagreeable odors, condensate, and vapor. (b) The establishment shall provide ventilating equipment as necessary, including ...
• Texas Health & Safety Code Section 144.055 - Water Supply
  (a) The water supply used by a rendering establishment must be either a public water supply acceptable to the department or a private supply that ...
• Texas Health & Safety Code Section 144.061 - Contents And Display Of License Or Permit
  (a) Each operating license and construction permit must state the name and address of the license holder or permit holder. (b) The license or permit ...
• Texas Health & Safety Code Section 144.062 - Not Transferable Or Assignable
  A license or permit may not be transferred or assigned without the department's approval. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, ...
• Texas Health & Safety Code Section 144.063 - Renewal Of License Or Permit
  (a) A license or permit is effective until it is relinquished, suspended, or revoked, or it expires. (b) An operating license is valid for one ...
• Texas Health & Safety Code Section 144.064 - Denial, Suspension, Or Revocation Of License Or Permit; Reinstatement
  (a) The commissioner may deny, suspend, or revoke an operating license, construction permit, or renewal of an operating license or construction permit if the commissioner ...
• Texas Health & Safety Code Section 144.071 - Inspections
  (a) At least once each year and at other times as the department considers necessary, the department shall inspect the place of business of each ...
• Texas Health & Safety Code Section 144.072 - Fees
  (a) An application for an operating license must be accompanied by an application fee. (b) An application for a construction permit must be accompanied by ...
• Texas Health & Safety Code Section 144.073 - Account
  All fees collected under this chapter are payable to the department and shall be deposited to the credit of the rendering fee account in the ...
• Texas Health & Safety Code Section 144.074 - Adoption Of Rules
  The board may adopt rules consistent with this chapter as necessary for the enforcement of this chapter. Acts 1989, 71st Leg., ch. 678, § 1, ...
• Texas Health & Safety Code Section 144.075 - Certificates; Certified Copies
  (a) On application by any person and on payment of the associated costs, the department shall furnish a certificate of good standing and a certified ...
• Texas Health & Safety Code Section 144.076 - Public Records
  The transcript of any hearing held by the commissioner and findings made by the commissioner or the department under this chapter are public records open ...
• Texas Health & Safety Code Section 144.077 - Hearings And Judicial Review
  (a) A hearing held under this chapter is subject to Chapter 2001, Government Code. (b) A person aggrieved by a final decision under this chapter ...
• Texas Health & Safety Code Section 144.078 - Injunction
  (a) On request of the department, the attorney general may bring an action in any district court of this state that has jurisdiction and venue ...
• Texas Health & Safety Code Section 144.079 - Prohibited Acts
  (a) A person may not receive, hold, slaughter, butcher, or otherwise process any animal as food for human consumption in a building or compartmented area ...
• Texas Health & Safety Code Section 144.080 - Criminal Penalty
  (a) A person commits an offense if the person continues any operation or construction subject to regulation under this chapter without obtaining and maintaining an ...
• Texas Health & Safety Code Section 144.081 - Administrative Penalty
  (a) The commissioner may assess an administrative penalty against a person who violates this chapter, a rule adopted by the board under the authority of ...
• Texas Health & Safety Code Section 144.082 - Administrative Penalty Assessment Procedure
  (a) An administrative penalty may be assessed only after a person notified of a violation is given an opportunity for a hearing. (b) If a ...
• Texas Health & Safety Code Section 144.083 - Payment Of Administrative Penalty
  (a) Not later than the 30th day after the date an order finding that a violation has occurred is issued, the commissioner shall inform the ...
• Texas Health & Safety Code Section 144.084 - Refund Of Administrative Penalty
  Not later than the 30th day after the date of a judicial determination that an administrative penalty against a person should be reduced or not ...
• Texas Health & Safety Code Section 144.085 - Recovery Of Administrative Penalty By Attorney General
  The attorney general at the request of the commissioner may bring a civil action to recover an administrative penalty under this subchapter. Added by Acts ...
• Texas Health & Safety Code Section 145.001 - Short Title
  This chapter may be cited as the Tanning Facility Regulation Act. Added by Acts 1991, 72nd Leg., ch. 14, § 49, eff. Sept. 1, 1991. ...
• Texas Health & Safety Code Section 145.002 - Definitions
  In this chapter: (1) "Authorized agent" means an employee of the department designated by the commissioner to enforce this chapter. (2) "Fitzpatrick scale" means the ...
• Texas Health & Safety Code Section 145.003 - Exemption
  This chapter does not apply to a phototherapy device used by or under the supervision of a licensed physician trained in the use of phototherapy ...
• Texas Health & Safety Code Section 145.004 - Compliance With Law
  (a) A tanning device used by a tanning facility must comply with all applicable federal and state laws and regulations. (b) The Texas Department of ...
• Texas Health & Safety Code Section 145.005 - Customer Notice; Liability
  (a) A tanning facility shall give each customer a written statement warning that: (1) failure to use the eye protection provided to the customer by ...
• Texas Health & Safety Code Section 145.006 - Warning Signs
  (a) A tanning facility shall post a warning sign in a conspicuous location where it is readily visible by persons entering the establishment. The board ...
• Texas Health & Safety Code Section 145.007 - Prohibited Claims About Safety
  A tanning facility operator may not claim or distribute promotional materials that claim that using a tanning device is safe or free from risk or ...
• Texas Health & Safety Code Section 145.008 - Operational Requirements
  (a) A tanning facility shall have an operator present during operating hours. The operator must: (1) be sufficiently knowledgeable in the correct operation of the ...
• Texas Health & Safety Code Section 145.009 - Licenses
  (a) A person may not operate a tanning facility unless the person holds a license issued by the department to operate the facility. Unless revoked ...
• Texas Health & Safety Code Section 145.0095 - Issuance Of License For Certain Facilities Prohibited
  (a) The department may not issue or renew a license under Section 145.009 with respect to a facility that: (1) is operated under a license ...
• Texas Health & Safety Code Section 145.0096 - Certain Advertising Prohibited
  (a) A business described by Section 145.0095(a)(1) or (2) may not use the word "tan" or "tanning" in a sign or any other form of ...
• Texas Health & Safety Code Section 145.010 - Fees
  (a) The board shall collect a fee for: (1) a license issued or renewed; or (2) a license that is modified. (b) The board may ...
• Texas Health & Safety Code Section 145.011 - Rules; Inspection
  (a) The board may adopt rules as necessary to implement this chapter. (b) The commissioner or an authorized agent may inspect a tanning facility at ...
• Texas Health & Safety Code Section 145.012 - Emergency Order
  (a) The commissioner or the commissioner's designee may issue an emergency order relating to the operation of a tanning facility in the department's jurisdiction if ...
• Texas Health & Safety Code Section 145.0121 - Civil Penalty; Injunction
  (a) If it appears that a person has violated or is violating this chapter or an order issued or a rule adopted under this chapter, ...
• Texas Health & Safety Code Section 145.0122 - Administrative Penalty
  (a) The board or the board's designee may impose an administrative penalty against a person licensed or regulated under this chapter who violates this chapter ...
• Texas Health & Safety Code Section 145.013 - Criminal Penalty
  (a) A person, other than a customer, commits an offense if the person violates this chapter or a rule adopted under this chapter. (b) An ...
• Texas Health & Safety Code Section 145.015 - Toll-Free Number
  The department shall maintain a toll-free telephone number that a customer may call to report an alleged injury regarding a tanning device or incurred at ...
• Texas Health & Safety Code Section 145.016 - Disclosure Of Record Prohibited; Exception
  (a) Except as provided by Subsection (b), an operator or other person may not disclose a customer record required by Section 145.008(i). (b) An operator ...
• Texas Health & Safety Code Section 146.001 - Definitions
  In this chapter: (1) "Body piercing" means the creation of an opening in an individual's body, other than in an individual's earlobe, to insert jewelry ...
• Texas Health & Safety Code Section 146.002 - License Required
  (a) A person may not conduct, operate, or maintain a tattoo studio unless the person holds a license issued by the department to operate the ...
• Texas Health & Safety Code Section 146.0021 - Employment Of Tattooists And Body Piercers; Registration Required
  A tattoo studio or a body piercing studio may not employ a tattooist or a body piercer unless the person is registered with the department ...
• Texas Health & Safety Code Section 146.0025 - Exemptions From Licensing Requirements; Ear Piercing Establishments Exempt
  (a) This chapter does not apply to: (1) a medical facility licensed under other law; (2) an office or clinic of a person licensed by ...
• Texas Health & Safety Code Section 146.003 - License Application
  (a) To receive a tattoo studio license, body piercing studio license, or temporary location license, a person must submit a signed, verified license application to ...
• Texas Health & Safety Code Section 146.004 - License Term; Renewal
  (a) A tattoo studio or body piercing studio license is valid for one year from the date of issuance. A temporary tattooing or body piercing ...
• Texas Health & Safety Code Section 146.0041 - General Grounds For Refusal
  (a) The department may refuse to issue an original or renewal tattoo studio or body piercing studio license if it has reasonable grounds to believe ...
• Texas Health & Safety Code Section 146.0042 - Revocation Or Suspension Of License
  (a) In Subsection (b), "license holder" includes each member of a partnership or association and, with respect to a corporation, each officer and the owner ...
• Texas Health & Safety Code Section 146.005 - Fees
  (a) The board shall set license and registration fees and license and registration renewal fees in amounts necessary to administer this chapter. (b) Fees collected ...
• Texas Health & Safety Code Section 146.006 - Change Of Location
  (a) A person holding a tattoo studio or body piercing studio license under this chapter who intends to change the location of the tattoo or ...
• Texas Health & Safety Code Section 146.007 - Compliance With Chapter And Rules
  (a) A person who owns, operates, or maintains a tattoo or body piercing studio or practices tattooing or body piercing at a temporary location shall ...
• Texas Health & Safety Code Section 146.008 - Aseptic Techniques
  A person who owns, operates, or maintains a tattoo or body piercing studio and each tattooist or person who performs body piercing who works in ...
• Texas Health & Safety Code Section 146.009 - Building And Location
  A tattoo or body piercing studio must be in a permanent, nondwelling building located in an area in which the location is permissible under local ...
• Texas Health & Safety Code Section 146.010 - Sanitation Requirements
  (a) The board by rule shall establish sanitation requirements for tattoo and body piercing studios and any other necessary requirements relating to the building or ...
• Texas Health & Safety Code Section 146.011 - Tools And Equipment
  (a) A tattooist or person who performs body piercing shall use tools and equipment for tattooing or body piercing that have been properly sterilized and ...
• Texas Health & Safety Code Section 146.012 - Tattoos Prohibited For Certain Persons
  (a) A tattooist may not tattoo: (1) except as provided by Subsection (a-1), a person younger than 18 years of age; or (2) a person ...
• Texas Health & Safety Code Section 146.0124 - Body Piercing Prohibited For Certain Persons
  A person may not perform body piercing if the person suspects that the individual on whom the body piercing is to be performed is under ...
• Texas Health & Safety Code Section 146.0125 - Body Piercing Prohibited Without Parental Consent; Exception
  (a) A person may not perform body piercing on an individual younger than 18 years of age without the consent of a parent, managing conservator, ...
• Texas Health & Safety Code Section 146.0126 - Tongue Splitting Prohibited
  (a) For purposes of this section, "tongue splitting" means cutting a human tongue into two or more parts. (b) A person may not perform tongue ...
• Texas Health & Safety Code Section 146.013 - Maintenance Of Records
  (a) A tattooist shall maintain a permanent record of each person tattooed by the tattooist for a period established by the board. A person who ...
• Texas Health & Safety Code Section 146.014 - Report Of Infection
  A person who owns, operates, or maintains a tattoo or body piercing studio shall report to the department any infection resulting from tattooing or body ...
• Texas Health & Safety Code Section 146.015 - Rules; Enforcement
  (a) The board shall adopt rules to implement this chapter. (b) The department shall enforce this chapter and the rules adopted under this chapter and ...
• Texas Health & Safety Code Section 146.016 - Inspections
  (a) The department shall inspect a tattoo or body piercing studio to determine if the studio complies with this chapter and the rules adopted under ...
• Texas Health & Safety Code Section 146.017 - License Denial, Suspension, Or Revocation
  (a) The department may refuse to issue a license or suspend or revoke a license issued under this chapter if an applicant or license holder ...
• Texas Health & Safety Code Section 146.018 - Offense; Criminal Penalty
  (a) A person commits an offense if the person violates this chapter or a rule adopted under this chapter. (b) An offense under this section ...
• Texas Health & Safety Code Section 146.019 - Administrative Penalty
  (a) The commissioner may impose an administrative penalty against a person who violates a rule adopted under Section 146.007 or an order adopted or license ...
• Texas Health & Safety Code Section 146.020 - Civil Penalty; Injunction
  (a) If it appears that a person has violated or is violating this chapter or an order issued or a rule adopted under this chapter, ...
• Texas Health & Safety Code Section 146.021 - Emergency Orders
  (a) The commissioner may, with or without notice or hearing, issue an emergency order relating to regulation under this chapter of a tattooist or body ...
• Texas Health & Safety Code Section 146.022 - Registration Required For Tattooists And Body Piercers
  (a) A person may not perform tattooing or body piercing at a tattoo studio or a body piercing studio unless the person holds a registration ...
• Texas Health & Safety Code Section 146.023 - Registration Application
  To receive a tattooist or body piercer registration, the person must submit: (1) a signed registration application to the department on a form prescribed by ...
• Texas Health & Safety Code Section 146.024 - Registration Term; Renewal
  (a) A tattooist or body piercer registration is valid for one year from the date of issuance. (b) A tattooist or body piercer registration may ...
• Texas Health & Safety Code Section 146.025 - Course Of Instruction For Tattooists And Body Piercers; Rules; Fees
  (a) The department shall prepare or approve a course of instruction sufficient to meet the requirements for application for a registration under Section 146.023 or ...
• Texas Health & Safety Code Section 161.0001 - Definitions
  In this subchapter: (1) "Data elements" means the information a health care provider who administers a vaccine is required to record in a medical record ...
• Texas Health & Safety Code Section 161.001 - Liability Of Person Who Orders Or Administers Immunization
  (a) A person who administers or authorizes the administration of a vaccine or immunizing agent is not liable for an injury caused by the vaccine ...
• Texas Health & Safety Code Section 161.002 - Inadmissibility Of Immunization Survey Information
  Information obtained from a physician's medical records by a person conducting an immunization survey for the department is not admissible as evidence in a suit ...
• Texas Health & Safety Code Section 161.003 - Immunization Reminder Notices
  (a) In a program administered by the department in which an immunization reminder notice is sent regarding the immunization of a child, the notice must ...
• Texas Health & Safety Code Section 161.004 - Statewide Immunization Of Children
  (a) Every child in the state shall be immunized against vaccine preventable diseases caused by infectious agents in accordance with the immunization schedule adopted by ...
• Texas Health & Safety Code Section 161.0041 - Immunization Exemption Affidavit Form
  (a) A person claiming an exemption from a required immunization based on reasons of conscience, including a religious belief, under Section 161.004 of this code, ...
• Texas Health & Safety Code Section 161.005 - Immunizations Required
  (a) On admission of a child to a facility of the Texas Department of Mental Health and Mental Retardation, the Texas Department of Criminal Justice, ...
• Texas Health & Safety Code Section 161.0051 - Required Immunizations For Nursing Homes
  (a) This section applies only to a nursing home that: (1) is an institution licensed under Chapter 242; and (2) serves residents who are elderly ...
• Texas Health & Safety Code Section 161.0052 - Immunization Of Elderly Persons By Hospitals, End Stage Renal Disease Facilities, And Physicians' Offices
  (a) In this section: (1) "Elderly person" means a person who is 65 years of age or older. (2) "End stage renal disease facility" has ...
• Texas Health & Safety Code Section 161.006 - Department Immunization Service
  The department, to the extent permitted by law, is authorized to pay employees who are exempt or not exempt for purposes of the Fair Labor ...
• Texas Health & Safety Code Section 161.007 - Immunization Registry; Reports To Department
  (a) The department, for purposes of establishing and maintaining a single repository of accurate, complete, and current immunization records to be used in aiding, coordinating, ...
• Texas Health & Safety Code Section 161.0071 - Notice Of Receipt Of Registry Data; Exclusion From Registry
  (a) The first time the department receives registry data for a child for whom the department has received consent to be included in the registry, ...
• Texas Health & Safety Code Section 161.0072 - Providing Immunization Information To Department
  (a) If the parent, managing conservator, or guardian of a child has reasonable concern that the child's health care provider is not submitting the immunization ...
• Texas Health & Safety Code Section 161.0073 - Registry Confidentiality
  (a) The information that individually identifies a child received by the department for the immunization registry is confidential and may be used by the department ...
• Texas Health & Safety Code Section 161.0074 - Report To Legislature
  (a) The department shall report to the Legislative Budget Board, the governor, the lieutenant governor, the speaker of the house of representatives, and appropriate committees ...
• Texas Health & Safety Code Section 161.0075 - Immunity From Liability
  Except as provided by Section 161.009, the following persons subject to this subchapter that act in compliance with Sections 161.007, 161.0071, 161.0073, 161.0074, and 161.008 ...
• Texas Health & Safety Code Section 161.0076 - Compliance With Federal Law
  If the provisions of this chapter relating to the use or disclosure of information in the registry are more stringent than the Health Insurance Portability ...
• Texas Health & Safety Code Section 161.008 - Immunization Record
  (a) An immunization record is part of the immunization registry. (b) An immunization record contains the: (1) name and date of birth of the person ...
• Texas Health & Safety Code Section 161.009 - Penalties For Disclosure Of Information
  (a) A person commits an offense if the person: (1) negligently releases or discloses immunization registry information in violation of Section 161.007, 161.0071, 161.0073, or ...
• Texas Health & Safety Code Section 161.0095 - Provider Education Programs
  The department shall develop continuing education programs for providers relating to immunizations and the vaccines for children program operated by the department under authority of ...
• Texas Health & Safety Code Section 161.010 - Immunization Education; Statewide Coalition
  (a) The department shall establish a continuous statewide education program to educate the public about the importance of immunizing children and the risks and contraindications ...
• Texas Health & Safety Code Section 161.0101 - Increase Immunization Awareness
  (a) The department shall develop new public-private partnerships and work with existing public-private partnership programs, including the Seniors and Volunteers Program For Childhood Immunization, to ...
• Texas Health & Safety Code Section 161.0105 - Limitation On Liability
  (a) A health care provider who acts in compliance with Sections 161.007 and 161.008 and any rules adopted under those sections is not civilly or ...
• Texas Health & Safety Code Section 161.0106 - Respiratory Syncytial Virus; Immunization
  As part of the education programs under Sections 161.0095 and 161.010, the department shall include information about: (1) respiratory syncytial virus and the importance of ...
• Texas Health & Safety Code Section 161.011 - Permission Required
  A person, including an officer or agent of this state or of an instrumentality or political subdivision of this state, may not enter a private ...
• Texas Health & Safety Code Section 161.012 - Criminal Penalties
  (a) A person commits an offense if the person violates Section 161.011. An offense under this subsection is punishable by confinement in the state penitentiary ...
• Texas Health & Safety Code Section 161.021 - Authorization To Provide Information; Use Of Information; Liability
  (a) Unless prohibited by other law, a person, including a hospital, sanatorium, nursing home, rest home, medical society, cancer registry, or other organization, may provide ...
• Texas Health & Safety Code Section 161.0211 - Epidemiologic Or Toxicologic Investigations
  (a) Under its duty to protect the public health, the department shall conduct epidemiologic or toxicologic investigations of human illnesses or conditions and of environmental ...
• Texas Health & Safety Code Section 161.0212 - Right Of Entry
  To conduct an epidemiologic or toxicologic investigation, the commissioner or the commissioner's designee has the same authority to investigate, sample, inspect, and enter as that ...
• Texas Health & Safety Code Section 161.0213 - Confidentiality
  Reports, records, and information furnished to the commissioner or the commissioner's designee or the Texas Natural Resource Conservation Commission that relate to an epidemiologic or ...
• Texas Health & Safety Code Section 161.022 - Use And Publication Restrictions; Confidentiality
  (a) The department, a medical organization, a hospital, a hospital committee, or a cancer registry may use or publish information under Section 161.021 only to ...
• Texas Health & Safety Code Section 161.023 - No Liability For Reports To Medical Committee
  (a) This section applies to: (1) a physician, hospital, medical organization, university health science center, university medical school, or an officer or employee of that ...
• Texas Health & Safety Code Section 161.024 - Application To Health Maintenance Organization
  This subchapter does not apply to a function of a health maintenance organization other than medical peer review and quality assurance conducted under Chapter 843, ...
• Texas Health & Safety Code Section 161.031 - Medical Committee Defined
  (a) In this subchapter, "medical committee" includes any committee, including a joint committee, of: (1) a hospital; (2) a medical organization; (3) a university medical ...
• Texas Health & Safety Code Section 161.0315 - Authority Of Governing Body To Form Committee To Evaluate Medical And Health Care Services
  (a) The governing body of a hospital, medical organization, university medical school or health science center, health maintenance organization, extended care facility, hospital district, or ...
• Texas Health & Safety Code Section 161.032 - Records And Proceedings Confidential
  (a) The records and proceedings of a medical committee are confidential and are not subject to court subpoena. (b) Notwithstanding Section 551.002, Government Code, the ...
• Texas Health & Safety Code Section 161.033 - Immunity For Committee Members
  A member of a medical committee is not liable for damages to a person for an action taken or recommendation made within the scope of ...
• Texas Health & Safety Code Section 161.041 - Mandatory Reporting Of Gunshot Wounds
  A physician who attends or treats, or who is requested to attend or treat, a bullet or gunshot wound, or the administrator, superintendent, or other ...
• Texas Health & Safety Code Section 161.042 - Mandatory Reporting Of Controlled Substance Overdoses
  (a) A physician who attends or treats, or who is requested to attend or treat, an overdose of a controlled substance listed in Penalty Group ...
• Texas Health & Safety Code Section 161.043 - Criminal Penalty
  (a) A person commits an offense if the person is required to report under this subchapter and intentionally fails to report. (b) An offense under ...
• Texas Health & Safety Code Section 161.044 - Controlled Substance Overdose Information Repository
  (a) The department shall maintain a central repository for the collection and analysis of information relating to incidents of a controlled substance overdose for which ...
• Texas Health & Safety Code Section 161.061 - Laboratory Information Required
  (a) A person licensed in this state to practice medicine, dentistry, podiatry, veterinary medicine, or chiropractic may not agree with a clinical, bioanalytical, or hospital ...
• Texas Health & Safety Code Section 161.062 - Grounds For License Denial
  The agency responsible for licensing and regulating a person subject to this subchapter may, in addition to any other authority granted, deny a license application ...
• Texas Health & Safety Code Section 161.071 - Minimum Guidelines For Human Donor Milk Banks
  The department shall establish minimum guidelines for the procurement, processing, distribution, or use of human milk by donor milk banks. Added by Acts 2001, 77th ...
• Texas Health & Safety Code Section 161.081 - Definitions
  In this subchapter: (1) "Cigarette" has the meaning assigned by Section 154.001, Tax Code. (2) "Permit holder" has the meaning assigned by Section 154.001 or ...
• Texas Health & Safety Code Section 161.082 - Sale Of Cigarettes Or Tobacco Products To Persons Younger Than 18 Years Of Age Prohibited; Proof Of Age Required
  (a) A person commits an offense if the person, with criminal negligence: (1) sells, gives, or causes to be sold or given a cigarette or ...
• Texas Health & Safety Code Section 161.0825 - Use Of Certain Electronically Readable Information
  (a) In this section, "transaction scan device" means a device capable of deciphering electronically readable information on a driver's license, commercial driver's license, or identification ...
• Texas Health & Safety Code Section 161.083 - Sale Of Cigarettes Or Tobacco Products To Persons Younger Than 27 Years Of Age
  (a) Pursuant to federal regulation under 21 C.F.R. Section 897.14(b), a person may not sell, give, or cause to be sold or given a cigarette ...
• Texas Health & Safety Code Section 161.084 - Warning Notice
  (a) Each person who sells cigarettes or tobacco products at retail or by vending machine shall post a sign in a location that is conspicuous ...
• Texas Health & Safety Code Section 161.085 - Notification Of Employees And Agents
  (a) Each retailer shall notify each individual employed by that retailer who is to be engaged in retail sales of cigarettes or tobacco products that ...
• Texas Health & Safety Code Section 161.086 - Vendor Assisted Sales Required; Vending Machines
  (a) Except as provided by Subsection (b), a retailer or other person may not: (1) offer cigarettes or tobacco products for sale in a manner ...
• Texas Health & Safety Code Section 161.087 - Distribution Of Cigarettes Or Tobacco Products
  (a) A person may not distribute to persons younger than 18 years of age: (1) a free sample of a cigarette or tobacco product; or ...
• Texas Health & Safety Code Section 161.088 - Enforcement; Unannounced Inspections
  (a) The comptroller shall enforce this subchapter in partnership with local law enforcement agencies and with their cooperation and shall ensure the state's compliance with ...
• Texas Health & Safety Code Section 161.089 - Preemption Of Local Law
  This subchapter does not preempt a local regulation of the sale, distribution, or use of cigarettes or tobacco products or affect the authority of a ...
• Texas Health & Safety Code Section 161.090 - Reports Of Violation
  A local or state law enforcement agency or other governmental unit shall notify the comptroller, on the 10th day of each month, or the first ...
• Texas Health & Safety Code Section 161.0901 - Report Of Office Of Smoking And Health
  (a) Not later than January 5th of each odd-numbered year the Office of Smoking and Health of the department shall report to the governor, lieutenant ...
• Texas Health & Safety Code Section 161.101 - Tests For Exposure To Lead
  (a) At the request of an attending physician, the department shall conduct tests for lead poisoning if the physician suspects that a person has been ...
• Texas Health & Safety Code Section 161.121 - Definitions
  In this subchapter: (1) "Church" means a facility that is owned by a religious organization and that is used primarily for religious services. (2) "Cigarette" ...
• Texas Health & Safety Code Section 161.122 - Prohibition Relating To Certain Signs; Exceptions
  (a) Except as provided by this section, a sign containing an advertisement for cigarettes or tobacco products may not be located closer than 1,000 feet ...
• Texas Health & Safety Code Section 161.123 - Advertising Fee
  (a) A purchaser of advertising is liable for and shall remit to the comptroller a fee that is 10 percent of the gross sales price ...
• Texas Health & Safety Code Section 161.124 - Use Of Advertising Fee
  (a) The comptroller shall deposit the fee collected under Section 161.123 to a special account in the state treasury called the tobacco education and enforcement ...
• Texas Health & Safety Code Section 161.125 - Administrative Penalty
  (a) The comptroller by order may impose an administrative penalty against a purchaser of advertising required to comply with Section 161.123 who violates that section ...
• Texas Health & Safety Code Section 161.131 - Definitions
  In this subchapter: (1) "Abuse" has the meaning assigned by the federal Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. Section ...
• Texas Health & Safety Code Section 161.132 - Reports Of Abuse And Neglect Or Of Illegal, Unprofessional, Or Unethical Conduct
  (a) A person, including an employee, volunteer, or other person associated with an inpatient mental health facility, a treatment facility, or a hospital that provides ...
• Texas Health & Safety Code Section 161.133 - Memorandum Of Understanding On Inservice Training
  (a) The Texas Board of Mental Health and Mental Retardation, Texas Board of Health, and Texas Commission on Alcohol and Drug Abuse by rule shall ...
• Texas Health & Safety Code Section 161.134 - Retaliation Against Employees Prohibited
  (a) A hospital, mental health facility, or treatment facility may not suspend or terminate the employment of or discipline or otherwise discriminate against an employee ...
• Texas Health & Safety Code Section 161.135 - Retaliation Against Nonemployees Prohibited
  (a) A hospital, mental health facility, or treatment facility may not retaliate against a person who is not an employee for reporting a violation of ...
• Texas Health & Safety Code Section 161.136 - Brochure Relating To Sexual Exploitation
  (a) A state health care regulatory agency by rule may require a mental health services provider licensed by that agency to provide a standardized written ...
• Texas Health & Safety Code Section 161.137 - Penalties
  In addition to the penalties prescribed by this subchapter, a violation of a provision of this subchapter by an individual or facility that is licensed ...
• Texas Health & Safety Code Section 161.201 - Definition
  In this subchapter, "health care provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to provide or ...
• Texas Health & Safety Code Section 161.202 - Fees
  (a) A health care provider or health care facility may not charge a fee for a medical or mental health record requested by a patient ...
• Texas Health & Safety Code Section 161.203 - Distribution Of Records
  A health care provider or health care facility shall provide to the requestor a medical or mental health record requested under Section 161.202 not later ...
• Texas Health & Safety Code Section 161.204 - Application Of Other Law
  This subchapter controls over Section 611.0045 of this code and Section 159.006, Occupations Code, and any other provision that authorizes the charging of a fee ...
• Texas Health & Safety Code Section 161.251 - Definitions
  In this subchapter: (1) "Cigarette" has the meaning assigned by Section 154.001, Tax Code. (2) "Tobacco product" has the meaning assigned by Section 155.001, Tax ...
• Texas Health & Safety Code Section 161.252 - Possession, Purchase, Consumption, Or Receipt Of Cigarettes Or Tobacco Products By Minors Prohibited
  (a) An individual who is younger than 18 years of age commits an offense if the individual: (1) possesses, purchases, consumes, or accepts a cigarette ...
• Texas Health & Safety Code Section 161.253 - Tobacco Awareness Program; Community Service
  (a) On conviction of an individual for an offense under Section 161.252, the court shall suspend execution of sentence and shall require the defendant to ...
• Texas Health & Safety Code Section 161.254 - Driver's License Suspension Or Denial
  (a) If the defendant does not provide the evidence required under Section 161.253(e) within the period specified by that subsection, the court shall order the ...
• Texas Health & Safety Code Section 161.255 - Expungement Of Conviction
  (a) An individual convicted of an offense under Section 161.252 may apply to the court to have the conviction expunged. If the court finds that ...
• Texas Health & Safety Code Section 161.256 - Jurisdiction Of Courts
  A justice court or municipal court may exercise jurisdiction over any matter in which a court under this subchapter may: (1) impose a requirement that ...
• Texas Health & Safety Code Section 161.257 - Application Of Other Law
  Title 3, Family Code, does not apply to a proceeding under this subchapter. Added by Acts 1997, 75th Leg., ch. 671, § 3.01, eff. Jan. ...
• Texas Health & Safety Code Section 161.301 - Tobacco Use Public Awareness Campaign
  (a) The commissioner shall develop and implement a public awareness campaign designed to reduce tobacco use by minors in this state. The campaign may use ...
• Texas Health & Safety Code Section 161.302 - Grant Program For Youth Groups
  (a) The entity administering Section 161.301 shall also develop and implement a grant program to support youth groups that include as a part of the ...
• Texas Health & Safety Code Section 161.351 - Definitions
  In this subchapter: (1) "Cigarette" has the meaning assigned by Section 154.001, Tax Code. (2) "Manufacturer" has the meanings assigned by Sections 154.001 and 155.001, ...
• Texas Health & Safety Code Section 161.352 - Report To Department
  (a) Each manufacturer shall file with the department an annual report for each cigarette or tobacco product distributed in this state, stating: (1) the identity ...
• Texas Health & Safety Code Section 161.353 - Nicotine Yield Rates
  (a) Each manufacturer shall assign a nicotine yield rating to each cigarette or tobacco product distributed in this state. The rating shall be assigned in ...
• Texas Health & Safety Code Section 161.354 - Public Information
  (a) Except as provided by Subsections (b), (c), and (d), information included in a report filed under this subchapter is public information and is not ...
• Texas Health & Safety Code Section 161.355 - Injunction
  (a) A district court, on petition of the department and on a finding by the court that a manufacturer has failed to file the report ...
• Texas Health & Safety Code Section 161.401 - Definitions
  In this subchapter: (1) "Asbestos" means the asbestiform varieties of chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite. (2) "Contractor" means a person who constructs, repairs, ...
• Texas Health & Safety Code Section 161.402 - Material Safety Data Sheet Required; Asbestos Installation Or Reinstallation Prohibited
  The board shall adopt rules designating the materials or replacement parts for which a person must obtain a material safety data sheet before installing the ...
• Texas Health & Safety Code Section 161.403 - Injunction
  (a) The attorney general or the appropriate district or county attorney, in the name of the state, may bring an action for an injunction or ...
• Texas Health & Safety Code Section 161.404 - Civil Penalty
  (a) A contractor who violates this subchapter is subject to a civil penalty not to exceed $10,000 a day for each violation. Each day of ...
• Texas Health & Safety Code Section 161.405 - Recovery Of Costs
  The party bringing a suit under Section 161.403 or 161.404 may recover reasonable expenses incurred in obtaining injunctive relief, civil penalties, or both, including investigation ...
• Texas Health & Safety Code Section 161.406 - Administrative Penalty
  (a) The department may impose an administrative penalty on a contractor who violates this subchapter. (b) The amount of the penalty may not exceed $10,000 ...
• Texas Health & Safety Code Section 161.407 - Remedies Cumulative
  The civil penalty, administrative penalty, and injunction authorized by this subchapter are in addition to any other civil, administrative, or criminal action provided by law. ...
• Texas Health & Safety Code Section 161.451 - Definitions
  In this subchapter: (1) "Delivery sale" means a sale of cigarettes to a consumer in this state in which the purchaser submits the order for ...
• Texas Health & Safety Code Section 161.452 - Requirements For Delivery Sales
  (a) A person may not make a delivery sale of cigarettes to an individual who is under the age prescribed by Section 161.082. (b) A ...
• Texas Health & Safety Code Section 161.453 - Age Verification Requirement
  (a) A person may not mail or ship cigarettes in connection with a delivery sale order unless before mailing or shipping the cigarettes the person ...
• Texas Health & Safety Code Section 161.454 - Disclosure Requirements
  The notice required by Section 161.453(a)(3) must include a prominent and clearly legible statement that: (1) cigarette sales to individuals who are below the age ...
• Texas Health & Safety Code Section 161.455 - Shipping Requirements
  (a) A person who mails or ships cigarettes in connection with a delivery sale order shall: (1) include as part of the shipping documents a ...
• Texas Health & Safety Code Section 161.456 - Registration And Reporting Requirements
  (a) A person may not make a delivery sale or ship cigarettes in connection with a delivery sale unless the person first files with the ...
• Texas Health & Safety Code Section 161.457 - Collection Of Taxes
  A person who makes a delivery sale shall collect and remit to the comptroller any taxes imposed by this state in relation to the delivery ...
• Texas Health & Safety Code Section 161.458 - General Offenses
  (a) A person commits an offense if the person violates a provision of this subchapter for which a criminal penalty is not otherwise provided. (b) ...
• Texas Health & Safety Code Section 161.459 - Knowing Violation
  (a) A person who knowingly violates a provision of this subchapter or who knowingly submits a certification under Section 161.453(a)(1) in another person's name commits ...
• Texas Health & Safety Code Section 161.460 - Civil Penalty For Nonpayment Of Tax
  A person who fails to pay a tax imposed in connection with a delivery sale shall pay to the state a civil penalty in an ...
• Texas Health & Safety Code Section 161.461 - Forfeiture
  (a) Cigarettes sold or that a person attempted to sell in a delivery sale that does not comply with this subchapter are forfeited to the ...
• Texas Health & Safety Code Section 161.462 - Enforcement
  The attorney general or the attorney general's designee may bring an action in a court of this state to prevent or restrain a violation of ...
• Texas Health & Safety Code Section 161.471 - Definition
  In this subchapter, "organ procurement organization" means an organization that is a qualified organ procurement organization under 42 U.S.C. Section 273 that is currently certified ...
• Texas Health & Safety Code Section 161.472 - Formation Of Kidney Sharing Pool And Distribution To Longest Waiting Patients
  (a) Under the system for allocating kidneys available for transplant in this state, to the extent allowed by federal law, a statewide pool of 20 ...
• Texas Health & Safety Code Section 161.501 - Resource List
  (a) A hospital, birthing center, physician, nurse midwife, or midwife who provides prenatal care to a pregnant woman during gestation or at delivery of an ...
• Texas Health & Safety Code Section 161.502 - Duties Of Department
  (a) The department shall: (1) establish guidelines for the provision of the information required by Section 161.501; (2) make available on the department's website a ...
• Texas Health & Safety Code Section 161.503 - Liability Not Created
  This subchapter does not create civil or criminal liability. Added by Acts 2005, 79th Leg., ch. 696, § 1, eff. Sept. 1, 2005. ...
• Texas Health & Safety Code Section 162.001 - Definitions
  In this chapter: (1) "Blood bank" means a facility that obtains blood from voluntary donors, as that term is defined by the United States Food ...
• Texas Health & Safety Code Section 162.002 - Required Testing Of Blood
  (a) For each donation of blood, a blood bank shall require the donor to submit to tests for infectious diseases, including tests for AIDS, HIV, ...
• Texas Health & Safety Code Section 162.003 - Confidentiality Of Blood Bank Records
  The medical and donor records of a blood bank are confidential and may not be disclosed except as provided by this chapter. Acts 1989, 71st ...
• Texas Health & Safety Code Section 162.004 - Disclosure Required By Law
  A blood bank shall disclose all information required by law, including HIV test results, to: (1) the department and a local health authority as required ...
• Texas Health & Safety Code Section 162.005 - Disclosure To Certain Physicians Or Person Tested
  A blood bank shall disclose blood test results and the name of the person tested to: (1) the physician or other person authorized by law ...
• Texas Health & Safety Code Section 162.006 - Disclosure To Other Blood Banks
  (a) A blood bank may report to other blood banks the name of a donor with a possible infectious disease according to positive blood test ...
• Texas Health & Safety Code Section 162.007 - Report To Recipient Or Transfuser
  (a) A blood bank shall report blood test results for blood confirmed as HIV positive by the normal procedures blood banks presently use or found ...
• Texas Health & Safety Code Section 162.008 - Procedures For Notifying Blood Recipients
  Each hospital, physician, health agency, and other transfuser of blood shall strictly follow the official "Operation Look-Back" procedure of the American Association of Blood Banks ...
• Texas Health & Safety Code Section 162.009 - Provision Of Blood Samples For Testing
  On request, a blood bank shall provide blood samples to hospitals, laboratories, and other blood banks for additional, repetitive, or different testing. Acts 1989, 71st ...
• Texas Health & Safety Code Section 162.010 - General Powers And Duties Of Court
  (a) After notice and hearing, a court of competent jurisdiction may require a blood bank to provide a recipient of blood from the blood bank ...
• Texas Health & Safety Code Section 162.011 - Discovery Powers Of Court
  (a) A court of competent jurisdiction shall exercise the discovery powers granted in this section on the motion of any party. The court shall exercise ...
• Texas Health & Safety Code Section 162.012 - Limitation On Liability
  (a) A donor who provides information or blood samples under Section 162.010 is immune from all liability arising out of the donation of the blood ...
• Texas Health & Safety Code Section 162.013 - Civil Penalty
  (a) A person who is injured by a violation of Section 162.006, 162.007, 162.010, or 162.011 may bring a civil action for damages. In addition, ...
• Texas Health & Safety Code Section 162.014 - Criminal Penalty
  (a) A person commits an offense if the person discloses information in violation of Section 162.006, 162.007, 162.010, or 162.011. (b) An offense under this ...
• Texas Health & Safety Code Section 162.015 - Donation Of Blood By Persons Younger Than 18 Years Of Age
  A person who is 17 years of age may consent to the donation of the person's blood or blood components. A person younger than 18 ...
• Texas Health & Safety Code Section 162.016 - Be A Blood Donor Account
  (a) The be a blood donor account is a separate account in the general revenue fund. The account is composed of: (1) money deposited to ...
• Texas Health & Safety Code Section 162.017 - Be A Blood Donor Advisory Committee
  (a) The commissioner shall appoint a five-member be a blood donor advisory committee composed of: (1) one volunteer blood donor who has given at least ...
• Texas Health & Safety Code Section 163.001 - Program
  (a) The department shall develop a model public health education program suitable for school-age children and shall make the program available to any person on ...
• Texas Health & Safety Code Section 163.002 - Instructional Elements
  Course materials and instruction relating to sexual education or sexually transmitted diseases should include: (1) an emphasis on sexual abstinence as the only completely reliable ...
• Texas Health & Safety Code Section 164.001 - Short Title
  This chapter may be cited as the Treatment Facilities Marketing Practices Act. Added by Acts 1993, 73rd Leg., ch. 705, § 2.01, eff. Sept. 1, ...
• Texas Health & Safety Code Section 164.002 - Legislative Purpose
  The purpose of this chapter is to safeguard the public against fraud, deceit, and misleading marketing practices and to foster and encourage competition and fair ...
• Texas Health & Safety Code Section 164.003 - Definitions
  In this chapter: (1) "Advertising" or "advertise" means a solicitation or inducement, through print or electronic media, including radio, television, or direct mail, to purchase ...
• Texas Health & Safety Code Section 164.004 - Exemptions
  This chapter does not apply to: (1) a treatment facility: (A) operated by the Texas Department of Mental Health and Mental Retardation, a federal agency, ...
• Texas Health & Safety Code Section 164.005 - Conditioning Employee Or Agent Relationships On Patient Revenue
  A treatment facility may not permit or provide compensation or anything of value to its employees or agents, condition employment or continued employment of its ...
• Texas Health & Safety Code Section 164.006 - Soliciting And Contracting With Certain Referral Sources
  A treatment facility or a person employed or under contract with a treatment facility, if acting on behalf of the treatment facility, may not: (1) ...
• Texas Health & Safety Code Section 164.007 - Qualified Mental Health Referral Service: Definition And Standards
  (a) A qualified mental health referral service means a service that conforms to all of the following standards: (1) the referral service does not exclude ...
• Texas Health & Safety Code Section 164.008 - Operating An Intervention And Assessment Service
  A treatment facility may not own, operate, manage, or control an intervention and assessment service that makes referrals to a treatment facility for inpatient treatment ...
• Texas Health & Safety Code Section 164.009 - Disclosures And Representations
  (a) A treatment facility may not admit a patient to its facilities without fully disclosing to the patient or, if the patient is a minor, ...
• Texas Health & Safety Code Section 164.010 - Prohibited Acts
  It is a violation of this chapter, in connection with the marketing of mental health services, for a person to: (1) advertise, expressly or impliedly, ...
• Texas Health & Safety Code Section 164.011 - Injunction
  (a) If it appears that a person is in violation of this chapter, the attorney general, a district attorney, or a county attorney may institute ...
• Texas Health & Safety Code Section 164.012 - Penalties
  In addition to the penalties prescribed by this chapter, a violation of a provision of this chapter by an individual or treatment facility that is ...
• Texas Health & Safety Code Section 164.013 - Deceptive Trade Practices
  A person may bring suit under Subchapter E, Chapter 17, Business & Commerce Code, for a violation of this chapter, and a public or private ...
• Texas Health & Safety Code Section 164.014 - Rule-Making Authority
  The Texas Commission on Alcohol and Drug Abuse and Texas Board of Mental Health and Mental Retardation may adopt rules interpreting the provisions of this ...
• Texas Health & Safety Code Section 165.001 - Legislative Finding
  The legislature finds that breast-feeding a baby is an important and basic act of nurture that must be encouraged in the interests of maternal and ...
• Texas Health & Safety Code Section 165.002 - Right To Breast-Feed
  A mother is entitled to breast-feed her baby in any location in which the mother is authorized to be. Added by Acts 1995, 74th Leg., ...
• Texas Health & Safety Code Section 165.003 - Business Designation As "Mother-Friendly"
  (a) A business may use the designation "mother-friendly" in its promotional materials if the business develops a policy supporting the practice of worksite breast-feeding that ...
• Texas Health & Safety Code Section 165.004 - Services Provided By State Agencies
  Any state agency that administers a program providing maternal or child health services shall provide information that encourages breast-feeding to program participants who are pregnant ...
• Texas Health & Safety Code Section 165.031 - Legislative Recognition
  The legislature recognizes a mother's responsibility to both her job and her child when she returns to work and acknowledges that a woman's choice to ...
• Texas Health & Safety Code Section 165.032 - Demonstration Project
  (a) The department shall establish a demonstration project in Travis County to provide access to worksite breast-feeding for department employees who are mothers with infants. ...
• Texas Health & Safety Code Section 165.033 - Breast-Feeding Policy
  The department shall develop recommendations supporting the practice of worksite breast-feeding that address the following: (1) work schedule flexibility, including scheduling breaks and work patterns ...
• Texas Health & Safety Code Section 165.034 - Report To Governor And Legislature
  The department, if requested by the governor or any member of the legislature, shall submit a report on the demonstration project to the governor or ...
• Texas Health & Safety Code Section 166.001 - Short Title
  This chapter may be cited as the Advance Directives Act. Added by Acts 1999, 76th Leg., ch. 450, § 1.02, eff. Sept. 1, 1999. ...
• Texas Health & Safety Code Section 166.002 - Definitions
  In this chapter: (1) "Advance directive" means: (A) a directive, as that term is defined by Section 166.031; (B) an out-of-hospital DNR order, as that ...
• Texas Health & Safety Code Section 166.003 - Witnesses
  In any circumstance in which this chapter requires the execution of an advance directive or the issuance of a nonwritten advance directive to be witnessed: ...
• Texas Health & Safety Code Section 166.004 - Statement Relating To Advance Directive
  (a) In this section, "health care provider" means: (1) a hospital; (2) an institution licensed under Chapter 242, including a skilled nursing facility; (3) a ...
• Texas Health & Safety Code Section 166.005 - Enforceability Of Advance Directives Executed In Another Jurisdiction
  An advance directive or similar instrument validly executed in another state or jurisdiction shall be given the same effect as an advance directive validly executed ...
• Texas Health & Safety Code Section 166.006 - Effect Of Advance Directive On Insurance Policy And Premiums
  (a) The fact that a person has executed or issued an advance directive does not: (1) restrict, inhibit, or impair in any manner the sale, ...
• Texas Health & Safety Code Section 166.007 - Execution Of Advance Directive May Not Be Required
  A physician, health facility, health care provider, insurer, or health care service plan may not require a person to execute or issue an advance directive ...
• Texas Health & Safety Code Section 166.008 - Conflict Between Advance Directives
  To the extent that a treatment decision or an advance directive validly executed or issued under this chapter conflicts with another treatment decision or an ...
• Texas Health & Safety Code Section 166.009 - Certain Life-Sustaining Treatment Not Required
  This chapter may not be construed to require the provision of life-sustaining treatment that cannot be provided to a patient without denying the same treatment ...
• Texas Health & Safety Code Section 166.010 - Applicability Of Federal Law Relating To Child Abuse And Neglect
  This chapter is subject to applicable federal law and regulations relating to child abuse and neglect to the extent applicable to the state based on ...
• Texas Health & Safety Code Section 166.031 - Definitions
  In this subchapter: (1) "Directive" means an instruction made under Section 166.032, 166.034, or 166.035 to administer, withhold, or withdraw life-sustaining treatment in the event ...
• Texas Health & Safety Code Section 166.032 - Written Directive By Competent Adult; Notice To Physician
  (a) A competent adult may at any time execute a written directive. (b) The declarant must sign the directive in the presence of two witnesses ...
• Texas Health & Safety Code Section 166.033 - Form Of Written Directive
  A written directive may be in the following form: DIRECTIVE TO PHYSICIANS AND FAMILY OR SURROGATES Instructions for completing this document: This is an important ...
• Texas Health & Safety Code Section 166.034 - Issuance Of Nonwritten Directive By Competent Adult Qualified Patient
  (a) A competent qualified patient who is an adult may issue a directive by a nonwritten means of communication. (b) A declarant must issue the ...
• Texas Health & Safety Code Section 166.035 - Execution Of Directive On Behalf Of Patient Younger Than 18 Years Of Age
  The following persons may execute a directive on behalf of a qualified patient who is younger than 18 years of age: (1) the patient's spouse, ...
• Texas Health & Safety Code Section 166.036 - Notarized Document Not Required; Requirement Of Specific Form Prohibited
  (a) A written directive executed under Section 166.033 or 166.035 is effective without regard to whether the document has been notarized. (b) A physician, health ...
• Texas Health & Safety Code Section 166.037 - Patient Desire Supersedes Directive
  The desire of a qualified patient, including a qualified patient younger than 18 years of age, supersedes the effect of a directive. Acts 1989, 71st ...
• Texas Health & Safety Code Section 166.038 - Procedure When Declarant Is Incompetent Or Incapable Of Communication
  (a) This section applies when an adult qualified patient has executed or issued a directive and is incompetent or otherwise mentally or physically incapable of ...
• Texas Health & Safety Code Section 166.039 - Procedure When Person Has Not Executed Or Issued A Directive And Is Incompetent Or Incapable Of Communication
  (a) If an adult qualified patient has not executed or issued a directive and is incompetent or otherwise mentally or physically incapable of communication, the ...
• Texas Health & Safety Code Section 166.040 - Patient Certification And Prerequisites For Complying With Directive
  (a) An attending physician who has been notified of the existence of a directive shall provide for the declarant's certification as a qualified patient on ...
• Texas Health & Safety Code Section 166.041 - Duration Of Directive
  A directive is effective until it is revoked as prescribed by Section 166.042. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 166.042 - Revocation Of Directive
  (a) A declarant may revoke a directive at any time without regard to the declarant's mental state or competency. A directive may be revoked by: ...
• Texas Health & Safety Code Section 166.043 - Reexecution Of Directive
  A declarant may at any time reexecute a directive in accordance with the procedures prescribed by Section 166.032, including reexecution after the declarant is diagnosed ...
• Texas Health & Safety Code Section 166.044 - Limitation Of Liability For Withholding Or Withdrawing Life-Sustaining Procedures
  (a) A physician or health care facility that causes life-sustaining treatment to be withheld or withdrawn from a qualified patient in accordance with this subchapter ...
• Texas Health & Safety Code Section 166.045 - Liability For Failure To Effectuate Directive
  (a) A physician, health care facility, or health care professional who has no knowledge of a directive is not civilly or criminally liable for failing ...
• Texas Health & Safety Code Section 166.046 - Procedure If Not Effectuating A Directive Or Treatment Decision
  (a) If an attending physician refuses to honor a patient's advance directive or a health care or treatment decision made by or on behalf of ...
• Texas Health & Safety Code Section 166.047 - Honoring Directive Does Not Constitute Offense Of Aiding Suicide
  A person does not commit an offense under Section 22.08, Penal Code, by withholding or withdrawing life-sustaining treatment from a qualified patient in accordance with ...
• Texas Health & Safety Code Section 166.048 - Criminal Penalty; Prosecution
  (a) A person commits an offense if the person intentionally conceals, cancels, defaces, obliterates, or damages another person's directive without that person's consent. An offense ...
• Texas Health & Safety Code Section 166.049 - Pregnant Patients
  A person may not withdraw or withhold life-sustaining treatment under this subchapter from a pregnant patient. Acts 1989, 71st Leg., ch. 678, § 1, eff. ...
• Texas Health & Safety Code Section 166.050 - Mercy Killing Not Condoned
  This subchapter does not condone, authorize, or approve mercy killing or permit an affirmative or deliberate act or omission to end life except to permit ...
• Texas Health & Safety Code Section 166.051 - Legal Right Or Responsibility Not Affected
  This subchapter does not impair or supersede any legal right or responsibility a person may have to effect the withholding or withdrawal of life-sustaining treatment ...
• Texas Health & Safety Code Section 166.052 - Statements Explaining Patient's Right To Transfer
  (a) In cases in which the attending physician refuses to honor an advance directive or treatment decision requesting the provision of life-sustaining treatment, the statement ...
• Texas Health & Safety Code Section 166.053 - Registry To Assist Transfers
  (a) The Texas Health Care Information Council shall maintain a registry listing the identity of and contact information for health care providers and referral groups, ...
• Texas Health & Safety Code Section 166.081 - Definitions
  In this subchapter: (1) Repealed by Acts 2003, 78th Leg., ch. 1228, § 8. (2) "DNR identification device" means an identification device specified by the ...
• Texas Health & Safety Code Section 166.082 - Out-Of-Hospital Dnr Order; Directive To Physicians
  (a) A competent person may at any time execute a written out-of-hospital DNR order directing health care professionals acting in an out-of-hospital setting to withhold ...
• Texas Health & Safety Code Section 166.083 - Form Of Out-Of-Hospital Dnr Order
  (a) A written out-of-hospital DNR order shall be in the standard form specified by board rule as recommended by the department. (b) The standard form ...
• Texas Health & Safety Code Section 166.084 - Issuance Of Out-Of-Hospital Dnr Order By Nonwritten Communication
  (a) A competent person who is an adult may issue an out-of-hospital DNR order by nonwritten communication. (b) A declarant must issue the nonwritten out-of-hospital ...
• Texas Health & Safety Code Section 166.085 - Execution Of Out-Of-Hospital Dnr Order On Behalf Of A Minor
  (a) The following persons may execute an out-of-hospital DNR order on behalf of a minor: (1) the minor's parents; (2) the minor's legal guardian; or ...
• Texas Health & Safety Code Section 166.086 - Desire Of Person Supersedes Out-Of-Hospital Dnr Order
  The desire of a competent person, including a competent minor, supersedes the effect of an out-of-hospital DNR order executed or issued by or on behalf ...
• Texas Health & Safety Code Section 166.087 - Procedure When Declarant Is Incompetent Or Incapable Of Communication
  (a) This section applies when a person 18 years of age or older has executed or issued an out-of-hospital DNR order and subsequently becomes incompetent ...
• Texas Health & Safety Code Section 166.088 - Procedure When Person Has Not Executed Or Issued Out-Of-Hospital Dnr Order And Is Incompetent Or Incapable Of Communication
  (a) If an adult person has not executed or issued an out-of-hospital DNR order and is incompetent or otherwise mentally or physically incapable of communication, ...
• Texas Health & Safety Code Section 166.089 - Compliance With Out-Of-Hospital Dnr Order
  (a) When responding to a call for assistance, health care professionals shall honor an out-of-hospital DNR order in accordance with the statewide out-of-hospital DNR protocol ...
• Texas Health & Safety Code Section 166.090 - Dnr Identification Device
  (a) A person who has a valid out-of-hospital DNR order under this subchapter may wear a DNR identification device around the neck or on the ...
• Texas Health & Safety Code Section 166.091 - Duration Of Out-Of-Hospital Dnr Order
  An out-of-hospital DNR order is effective until it is revoked as prescribed by Section 166.092. Added by Acts 1995, 74th Leg., ch. 965, § 10, ...
• Texas Health & Safety Code Section 166.092 - Revocation Of Out-Of-Hospital Dnr Order
  (a) A declarant may revoke an out-of-hospital DNR order at any time without regard to the declarant's mental state or competency. An order may be ...
• Texas Health & Safety Code Section 166.093 - Reexecution Of Out-Of-Hospital Dnr Order
  A declarant may at any time reexecute or reissue an out-of-hospital DNR order in accordance with the procedures prescribed by Section 166.082, including reexecution or ...
• Texas Health & Safety Code Section 166.094 - Limitation On Liability For Withholding Cardiopulmonary Resuscitation And Certain Other Life-Sustaining Procedures
  (a) A health care professional or health care facility or entity that in good faith causes cardiopulmonary resuscitation or certain other life-sustaining treatment designated by ...
• Texas Health & Safety Code Section 166.095 - Limitation On Liability For Failure To Effectuate Out-Of-Hospital Dnr Order
  (a) A health care professional or health care facility or entity that has no actual knowledge of an out-of-hospital DNR order is not civilly or ...
• Texas Health & Safety Code Section 166.096 - Honoring Out-Of-Hospital Dnr Order Does Not Constitute Offense Of Aiding Suicide
  A person does not commit an offense under Section 22.08, Penal Code, by withholding cardiopulmonary resuscitation or certain other life-sustaining treatment designated by the board ...
• Texas Health & Safety Code Section 166.097 - Criminal Penalty; Prosecution
  (a) A person commits an offense if the person intentionally conceals, cancels, defaces, obliterates, or damages another person's out-of-hospital DNR order or DNR identification device ...
• Texas Health & Safety Code Section 166.098 - Pregnant Persons
  A person may not withhold cardiopulmonary resuscitation or certain other life-sustaining treatment designated by the board under this subchapter from a person known by the ...
• Texas Health & Safety Code Section 166.099 - Mercy Killing Not Condoned
  This subchapter does not condone, authorize, or approve mercy killing or permit an affirmative or deliberate act or omission to end life except to permit ...
• Texas Health & Safety Code Section 166.100 - Legal Right Or Responsibility Not Affected
  This subchapter does not impair or supersede any legal right or responsibility a person may have under a constitution, other statute, regulation, or court decision ...
• Texas Health & Safety Code Section 166.101 - Duties Of Department And Board
  (a) The board shall, on the recommendation of the department, adopt all reasonable and necessary rules to carry out the purposes of this subchapter, including ...
• Texas Health & Safety Code Section 166.102 - Physician's Dnr Order May Be Honored By Health Care Personnel Other Than Emergency Medical Services Personnel
  (a) Except as provided by Subsection (b), a licensed nurse or person providing health care services in an out-of-hospital setting may honor a physician's do-not-resuscitate ...
• Texas Health & Safety Code Section 166.151 - Definitions
  In this subchapter: (1) "Adult" means a person 18 years of age or older or a person under 18 years of age who has had ...
• Texas Health & Safety Code Section 166.152 - Scope And Duration Of Authority
  (a) Subject to this subchapter or any express limitation on the authority of the agent contained in the medical power of attorney, the agent may ...
• Texas Health & Safety Code Section 166.153 - Persons Who May Not Exercise Authority Of Agent
  A person may not exercise the authority of an agent while the person serves as: (1) the principal's health care provider; (2) an employee of ...
• Texas Health & Safety Code Section 166.154 - Execution And Witnesses
  (a) The medical power of attorney must be signed by the principal in the presence of two witnesses who qualify under Section 166.003, at least ...
• Texas Health & Safety Code Section 166.155 - Revocation
  (a) A medical power of attorney is revoked by: (1) oral or written notification at any time by the principal to the agent or a ...
• Texas Health & Safety Code Section 166.156 - Appointment Of Guardian
  (a) On motion filed in connection with a petition for appointment of a guardian or, if a guardian has been appointed, on petition of the ...
• Texas Health & Safety Code Section 166.157 - Disclosure Of Medical Information
  Subject to any limitations in the medical power of attorney, an agent may, for the purpose of making a health care decision: (1) request, review, ...
• Texas Health & Safety Code Section 166.158 - Duty Of Health Or Residential Care Provider
  (a) A principal's health or residential care provider and an employee of the provider who knows of the existence of the principal's medical power of ...
• Texas Health & Safety Code Section 166.159 - Discrimination Relating To Execution Of Medical Power Of Attorney
  A health or residential care provider, health care service plan, insurer issuing disability insurance, self-insured employee benefit plan, or nonprofit hospital service plan may not: ...
• Texas Health & Safety Code Section 166.160 - Limitation On Liability
  (a) An agent is not subject to criminal or civil liability for a health care decision if the decision is made in good faith under ...
• Texas Health & Safety Code Section 166.161 - Liability For Health Care Costs
  Liability for the cost of health care provided as a result of the agent's decision is the same as if the health care were provided ...
• Texas Health & Safety Code Section 166.162 - Disclosure Statement
  A medical power of attorney is not effective unless the principal, before executing the medical power of attorney, signs a statement that the principal has ...
• Texas Health & Safety Code Section 166.163 - Form Of Disclosure Statement
  The disclosure statement must be in substantially the following form: INFORMATION CONCERNING THE MEDICAL POWER OF ATTORNEY THIS IS AN IMPORTANT LEGAL DOCUMENT. BEFORE SIGNING ...
• Texas Health & Safety Code Section 166.164 - Form Of Medical Power Of Attorney
  The medical power of attorney must be in substantially the following form: MEDICAL POWER OF ATTORNEY DESIGNATION OF HEALTH CARE AGENT. I,__________(insert your name) appoint: ...
• Texas Health & Safety Code Section 166.165 - Civil Action
  (a) A person who is a near relative of the principal or a responsible adult who is directly interested in the principal, including a guardian, ...
• Texas Health & Safety Code Section 166.166 - Other Rights Or Responsibilities Not Affected
  This subchapter does not limit or impair any legal right or responsibility that any person, including a physician or health or residential care provider, may ...
• Texas Health & Safety Code Section 167.001 - Female Genital Mutilation Prohibited
  (a) A person commits an offense if the person knowingly circumcises, excises, or infibulates any part of the labia majora or labia minora or clitoris ...
• Texas Health & Safety Code Section 168.001 - Definitions
  In this chapter: (1) "Diabetes management and treatment plan" means the document required by Section 168.002. (2) "Individualized health plan" means the document required by ...
• Texas Health & Safety Code Section 168.002 - Diabetes Management And Treatment Plan
  (a) A diabetes management and treatment plan must be developed and implemented for each student with diabetes who will seek care for the student's diabetes ...
• Texas Health & Safety Code Section 168.003 - Individualized Health Plan
  (a) An individualized health plan is a coordinated plan of care designed to meet the unique health care needs of a student with diabetes in ...
• Texas Health & Safety Code Section 168.004 - Unlicensed Diabetes Care Assistant
  (a) At each school in which a student with diabetes is enrolled, the school principal shall: (1) seek school employees who are not health care ...
• Texas Health & Safety Code Section 168.005 - Training For Unlicensed Diabetes Care Assistant
  (a) The Texas Diabetes Council shall develop guidelines, with the assistance of the following entities, for the training of unlicensed diabetes care assistants: (1) the ...
• Texas Health & Safety Code Section 168.006 - Required Information For Certain Employees
  A school district shall provide to each district employee who is responsible for providing transportation for a student with diabetes or supervising a student with ...
• Texas Health & Safety Code Section 168.007 - Required Care Of Students With Diabetes
  (a) If a school nurse is assigned to a campus and the nurse is available, the nurse shall perform the tasks necessary to assist a ...
• Texas Health & Safety Code Section 168.008 - Independent Monitoring And Treatment
  In accordance with the student's individualized health plan, a school shall permit the student to attend to the management and care of the student's diabetes, ...
• Texas Health & Safety Code Section 168.009 - Immunity From Disciplinary Action Or Liability
  (a) A school employee may not be subject to any disciplinary proceeding, as defined by Section 22.0512(b), Education Code, resulting from an action taken in ...
• Texas Health & Safety Code Section 170.001 - Definitions
  In this chapter: (1) "Abortion" means an act involving the use of an instrument, medicine, drug, or other substance or device developed to terminate the ...
• Texas Health & Safety Code Section 170.002 - Prohibited Acts; Exemption
  (a) Except as provided by Subsection (b), a person may not intentionally or knowingly perform an abortion on a woman who is pregnant with a ...
• Texas Health & Safety Code Section 171.001 - Short Title
  This chapter may be called the Woman's Right to Know Act. Added by Acts 2003, 78th Leg., ch. 999, § 1, eff. Sept. 1, 2003. ...
• Texas Health & Safety Code Section 171.002 - Definition
  In this chapter, "abortion" means the use of any means to terminate the pregnancy of a female known by the attending physician to be pregnant ...
• Texas Health & Safety Code Section 171.003 - Physician To Perform
  An abortion may be performed only by a physician licensed to practice medicine in this state. Added by Acts 2003, 78th Leg., ch. 999, § ...
• Texas Health & Safety Code Section 171.004 - Abortion Of Fetus Age 16 Weeks Or More
  An abortion of a fetus age 16 weeks or more may be performed only at an ambulatory surgical center or hospital licensed to perform the ...
• Texas Health & Safety Code Section 171.005 - Department To Enforce
  The department shall enforce this chapter. Added by Acts 2003, 78th Leg., ch. 999, § 1, eff. Sept. 1, 2003. ...
• Texas Health & Safety Code Section 171.011 - Informed Consent Required
  A person may not perform an abortion without the voluntary and informed consent of the woman on whom the abortion is to be performed. Added ...
• Texas Health & Safety Code Section 171.012 - Voluntary And Informed Consent
  (a) Except in the case of a medical emergency, consent to an abortion is voluntary and informed only if: (1) the physician who is to ...
• Texas Health & Safety Code Section 171.013 - Distribution Of State Materials
  (a) If the woman chooses to view the materials described by Section 171.014, the physician or the physician's agent shall furnish copies of the materials ...
• Texas Health & Safety Code Section 171.014 - Informational Materials
  (a) The department shall publish informational materials that include: (1) the information required to be provided under Sections 171.012(a)(1)(B) and (D) and (a)(2)(A), (B), and ...
• Texas Health & Safety Code Section 171.015 - Information Relating To Public And Private Agencies
  The informational materials must include either: (1) geographically indexed materials designed to inform the woman of public and private agencies and services that: (A) are ...
• Texas Health & Safety Code Section 171.016 - Information Relating To Characteristics Of Unborn Child
  (a) The informational materials must include materials designed to inform the woman of the probable anatomical and physiological characteristics of the unborn child at two-week ...
• Texas Health & Safety Code Section 171.017 - Periods Run Concurrently
  If the woman is an unemancipated minor subject to Chapter 33, Family Code, the 24-hour periods established under Sections 171.012(b) and 171.013(a) may run concurrently ...
• Texas Health & Safety Code Section 171.018 - Offense
  A physician who intentionally performs an abortion on a woman in violation of this subchapter commits an offense. An offense under this section is a ...
• Texas Health & Safety Code Section 181.001 - Definitions
  (a) Unless otherwise defined in this chapter, each term that is used in this chapter has the meaning assigned by the Health Insurance Portability and ...
• Texas Health & Safety Code Section 181.002 - Applicability
  (a) Except as provided by Section 181.205, this chapter does not affect the validity of another statute of this state that provides greater confidentiality for ...
• Texas Health & Safety Code Section 181.003 - Sovereign Immunity
  This chapter does not waive sovereign immunity to suit or liability. Added by Acts 2001, 77th Leg., ch. 1511, § 1, eff. Sept. 1, 2001. ...
• Texas Health & Safety Code Section 181.005 - Duties Of The Commissioner
  (a) The commissioner shall administer this chapter and may adopt rules consistent with the Health Insurance Portability and Accountability Act and Privacy Standards to administer ...
• Texas Health & Safety Code Section 181.051 - Partial Exemption
  Except for Subchapter D, this chapter does not apply to: (1) a covered entity as defined by Section 602.001, Insurance Code; (2) an entity established ...
• Texas Health & Safety Code Section 181.052 - Processing Payment Transactions By Financial Institutions
  (a) In this section, "financial institution" has the meaning assigned by Section 1101, Right to Financial Privacy Act of 1978 (12 U.S.C. Section 3401), and ...
• Texas Health & Safety Code Section 181.053 - Nonprofit Agencies
  The department shall by rule exempt from this chapter a nonprofit agency that pays for health care services or prescription drugs for an indigent person ...
• Texas Health & Safety Code Section 181.054 - Workers' Compensation
  This chapter does not apply to: (1) workers' compensation insurance or a function authorized by Title 5, Labor Code; or (2) any person or entity ...
• Texas Health & Safety Code Section 181.055 - Employee Benefit Plan
  This chapter does not apply to: (1) an employee benefit plan; or (2) any covered entity or other person, insofar as the entity or person ...
• Texas Health & Safety Code Section 181.056 - American Red Cross
  This chapter does not prohibit the American Red Cross from accessing any information necessary to perform its duties to provide biomedical services, disaster relief, disaster ...
• Texas Health & Safety Code Section 181.057 - Information Relating To Offenders With Mental Impairments
  This chapter does not apply to an agency described by Section 614.017 with respect to the disclosure, receipt, transfer, or exchange of medical and health ...
• Texas Health & Safety Code Section 181.058 - Educational Records
  In this chapter, protected health information does not include: (1) education records covered by the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. ...
• Texas Health & Safety Code Section 181.151 - Reidentified Information
  A person may not reidentify or attempt to reidentify an individual who is the subject of any protected health information without obtaining the individual's consent ...
• Texas Health & Safety Code Section 181.152 - Marketing Uses Of Information
  (a) A covered entity must obtain clear and unambiguous permission in written or electronic form to use or disclose protected health information for any marketing ...
• Texas Health & Safety Code Section 181.201 - Injunctive Relief; Civil Penalty
  (a) The attorney general may institute an action for injunctive relief to restrain a violation of this chapter. (b) In addition to the injunctive relief ...
• Texas Health & Safety Code Section 181.202 - Disciplinary Action
  In addition to the penalties prescribed by this chapter, a violation of this chapter by an individual or facility that is licensed by an agency ...
• Texas Health & Safety Code Section 181.203 - Exclusion From State Programs
  In addition to the penalties prescribed by this chapter, a covered entity shall be excluded from participating in any state-funded health care program if a ...
• Texas Health & Safety Code Section 181.205 - Mitigation
  (a) In an action or proceeding to impose an administrative penalty or assess a civil penalty for actions related to the disclosure of individually identifiable ...
• Texas Health & Safety Code Section 191.001 - Definitions
  In this title: (1) "Board" means the Texas Board of Health. (2) "Department" means the Texas Department of Health. Acts 1989, 71st Leg., ch. 678, ...
• Texas Health & Safety Code Section 191.002 - Powers And Duties Of Department
  (a) The department shall administer the registration of vital statistics. (b) The department shall: (1) establish a bureau of vital statistics with suitable offices that ...
• Texas Health & Safety Code Section 191.003 - Powers And Duties Of Board
  (a) The board shall: (1) adopt necessary rules for collecting, recording, transcribing, compiling, and preserving vital statistics; (2) supervise the bureau of vital statistics; and ...
• Texas Health & Safety Code Section 191.004 - State Registrar
  (a) The director of the bureau of vital statistics is the state registrar of vital statistics. The director must be a competent vital statistician. (b) ...
• Texas Health & Safety Code Section 191.0045 - Fees
  (a) The bureau of vital statistics may charge fees for providing services to the public and performing other activities in connection with maintenance of the ...
• Texas Health & Safety Code Section 191.0046 - Fee Exemptions
  (a) On the request of a child's parent or guardian, the state registrar shall issue without fee a certificate necessary for admission to school or ...
• Texas Health & Safety Code Section 191.005 - Vital Statistics Fund
  (a) The vital statistics fund is in the state treasury. (b) The legislature shall make appropriations to the department from the fund to be used ...
• Texas Health & Safety Code Section 191.006 - Records Of Persons In Hospitals And Institutions
  (a) This section applies to each public or private hospital, almshouse, or other institution to which persons are committed by process of law or voluntarily ...
• Texas Health & Safety Code Section 191.007 - Regulation By Certain Municipalities
  The governing body of a Type A general-law municipality may: (1) regulate the registration of marriages; and (2) direct the return and maintenance of bills ...
• Texas Health & Safety Code Section 191.008 - Sorting Collected Data
  (a) The department shall compile the information relating to births, deaths, and fetal deaths collected under this chapter and organize the results, to the extent ...
• Texas Health & Safety Code Section 191.021 - Registration Districts
  (a) The state is divided into registration districts for the purposes of registering births, deaths, and fetal deaths. The registration districts are: (1) each justice ...
• Texas Health & Safety Code Section 191.022 - Local Registrars
  (a) The justice of the peace is the local registrar of births and deaths in a justice of the peace precinct. However, the duty of ...
• Texas Health & Safety Code Section 191.023 - Consolidation Of County And Municipal Maintenance Of Birth And Death Records
  (a) The duties imposed by law relating to the maintenance of birth and death records of a municipality with a population of 2,500 or more ...
• Texas Health & Safety Code Section 191.024 - Reports Of Information
  (a) On the state registrar's demand, a person, including a physician, midwife, or funeral director, who has information relating to a birth, death, or fetal ...
• Texas Health & Safety Code Section 191.025 - Record Books And Certificates
  (a) Forms for the registration of births, deaths, and fetal deaths must be approved by the department. (b) A municipality shall supply its local registrar, ...
• Texas Health & Safety Code Section 191.026 - Local Records
  (a) The local registrar shall secure a complete record of each birth, death, and fetal death that occurs in the local registrar's jurisdiction. (b) The ...
• Texas Health & Safety Code Section 191.027 - Review Of Certificate By Local Registrar
  (a) The local registrar shall carefully examine each birth or death certificate when presented for registration to determine if it is completed as required by ...
• Texas Health & Safety Code Section 191.028 - Amendment Of Certificate
  (a) A record of a birth, death, or fetal death accepted by a local registrar for registration may not be changed except as provided by ...
• Texas Health & Safety Code Section 191.029 - Certificates Or Report Sent To State Registrar
  On the 10th day of each month, the local registrar shall send to the state registrar: (1) the original certificates that the local registrar registered ...
• Texas Health & Safety Code Section 191.030 - Records Filed With County
  (a) Not later than the 10th day of each month, the local registrar shall file with the commissioners court or the county auditor, as appropriate, ...
• Texas Health & Safety Code Section 191.031 - Review Of Certificates By State Registrar
  (a) The state registrar shall carefully examine the certificates received monthly from the local registrars. (b) The state registrar shall require additional information to make ...
• Texas Health & Safety Code Section 191.032 - State Records
  (a) The state registrar shall arrange, bind, and permanently preserve birth, death, and fetal death certificates in a systematic manner. (b) The board shall adopt ...
• Texas Health & Safety Code Section 191.033 - Addenda
  (a) The state registrar may attach to the original record an addendum that sets out any information received by the state registrar that may contradict ...
• Texas Health & Safety Code Section 191.034 - Notation Of Death On Birth Certificate
  (a) On receipt of the death certificate of a person younger than 55 years of age whose birth is registered in this state, the state ...
• Texas Health & Safety Code Section 191.036 - Spanish Surname Information
  (a) The purpose of this section is to: (1) enable this state to participate in a study being conducted by a group of southwestern states ...
• Texas Health & Safety Code Section 191.051 - Certified Copies
  (a) Subject to board rules controlling the accessibility of vital records, the state registrar shall supply to a properly qualified applicant, on request, a certified ...
• Texas Health & Safety Code Section 191.052 - Certified Copy As Evidence
  A copy of a birth, death, or fetal death record registered under this title that is certified by the state registrar is prima facie evidence ...
• Texas Health & Safety Code Section 191.056 - Copies Collected By National Agency
  (a) The national agency in charge of the collection of vital statistics may obtain, without expense to the state, transcripts of vital records without payment ...
• Texas Health & Safety Code Section 191.057 - Records With Addenda
  (a) In this section: (1) "Copy" means a reproduction of a record made by any means. (2) "Local registration official" means a county clerk or ...
• Texas Health & Safety Code Section 192.001 - Registration Required
  The birth of each child born in this state shall be registered. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 192.002 - Form Of Birth Certificate
  (a) The department shall prescribe the form and contents of the birth certificate. (b) The section of the birth certificate entitled "For Medical and Health ...
• Texas Health & Safety Code Section 192.0021 - Heirloom Birth Certificate
  (a) The department shall promote and sell copies of an heirloom birth certificate. The department shall solicit donated designs for the certificate from Texas artists ...
• Texas Health & Safety Code Section 192.0022 - Certificate Of Birth Resulting In Stillbirth
  (a) In this section: (1) "Stillbirth" means an unintended, intrauterine fetal death occurring in this state after a gestational age of not less than 20 ...
• Texas Health & Safety Code Section 192.003 - Birth Certificate Filed Or Birth Reported
  (a) The physician, midwife, or person acting as a midwife in attendance at a birth shall file the birth certificate with the local registrar of ...
• Texas Health & Safety Code Section 192.0031 - Information Of Birth To School-Age Mother
  (a) Notwithstanding Subchapter C, Chapter 552, Government Code, the department shall notify the commissioner of education of each birth to a school-age mother. The commissioner ...
• Texas Health & Safety Code Section 192.004 - Information Obtained By Local Registrar
  (a) The local registrar shall obtain the information necessary to prepare the birth certificate from the person reporting a birth or from another person with ...
• Texas Health & Safety Code Section 192.005 - Record Of Paternity
  (a) The items on a birth certificate relating to the child's father shall be completed only if: (1) the child's mother was married to the ...
• Texas Health & Safety Code Section 192.0051 - Report Of Determination Of Paternity
  (a) A report of each determination of paternity in this state shall be filed with the state registrar. (b) On a determination of paternity, the ...
• Texas Health & Safety Code Section 192.006 - Supplementary Birth Certificates
  (a) A supplementary birth certificate may be filed if the person who is the subject of the certificate: (1) becomes the child of the person's ...
• Texas Health & Safety Code Section 192.007 - Supplementary Certificates For Child Who Dies Before Adoption
  (a) If a child in the process of being adopted in this state dies before the adoption is completed, the persons who attempted to adopt ...
• Texas Health & Safety Code Section 192.008 - Birth Records Of Adopted Person
  (a) The supplementary birth certificate of an adopted child must be in the names of the adoptive parents, one of whom must be a female, ...
• Texas Health & Safety Code Section 192.009 - Certificate Of Adoption, Annulment Of Adoption, Or Revocation Of Adoption
  (a) A certificate of each adoption, annulment of adoption, and revocation of adoption decreed in this state shall be filed with the state registrar. (b) ...
• Texas Health & Safety Code Section 192.010 - Change Of Name
  (a) Subject to board rules, an adult whose name is changed by court order, or the legal representative of any person whose name is changed ...
• Texas Health & Safety Code Section 192.011 - Amending Birth Certificate
  (a) This section applies to an amending birth certificate that is filed under Section 191.028 and that completes or corrects information relating to the person's ...
• Texas Health & Safety Code Section 192.012 - Record Of Acknowledgment Of Paternity
  (a) If the mother of a child is not married to the father of the child, a person listed in Section 192.003 who is responsible ...
• Texas Health & Safety Code Section 192.021 - Delay Less Than One Year
  (a) A birth that occurred more than five days but less than one year before the date of an application for registration may be recorded ...
• Texas Health & Safety Code Section 192.022 - Delay Of One Year Or More: Application Filed With State Registrar
  Subject to board rules, an application to file a delayed birth certificate for a birth in this state not registered before the one-year anniversary of ...
• Texas Health & Safety Code Section 192.023 - Delay Of More Than One But Less Than Four Years
  (a) A birth that occurred at least one year but less than four years before the date of the application for registration shall be recorded ...
• Texas Health & Safety Code Section 192.024 - Delay Of Four Years Or More
  (a) A birth that occurred four or more years before the date of the application for registration shall be recorded on a form entitled "Delayed ...
• Texas Health & Safety Code Section 192.025 - Supporting Documents
  (a) The state registrar shall accept an application under Section 192.024 if the applicant's statement of date and place of birth and parentage is established ...
• Texas Health & Safety Code Section 192.026 - Rejection Or Return Of Application
  (a) The state registrar may not register a delayed birth certificate if: (1) the applicant does not submit the documentary evidence required by Section 192.025; ...
• Texas Health & Safety Code Section 192.027 - Registration By Judicial Order
  (a) If a delayed birth certificate is not accepted for registration by the state registrar, the person may file a petition in the county probate ...
• Texas Health & Safety Code Section 193.001 - Form Of Certificate
  (a) The department shall prescribe the form and contents of death certificates and fetal death certificates. (b) The social security number shall be recorded on ...
• Texas Health & Safety Code Section 193.002 - Person Required To File
  The person in charge of interment or in charge of removal of a body from a registration district for disposition shall: (1) obtain and file ...
• Texas Health & Safety Code Section 193.003 - Time And Place For Filing Death Certificate
  (a) Not later than the 10th day after the date of a death that occurs in this state, a death certificate shall be filed with ...
• Texas Health & Safety Code Section 193.004 - Personal And Medical Information
  (a) The person required to file a death certificate shall obtain the required personal information from a competent person with knowledge of the facts. (b) ...
• Texas Health & Safety Code Section 193.005 - Personal Information
  (a) A person required to file a death certificate or fetal death certificate shall obtain the required medical certification from an attending physician if the ...
• Texas Health & Safety Code Section 193.006 - Information Relating To Veterans
  (a) This section applies to the death certificate of a person who: (1) served in a war, campaign, or expedition of the United States, the ...
• Texas Health & Safety Code Section 193.007 - Delayed Registration Of Death
  (a) A death that occurred more than 10 days but less than one year before the date of an application for registration of death may ...
• Texas Health & Safety Code Section 193.008 - Burial-Transit Permit
  (a) A burial-transit permit issued under the law and rules of a place outside of this state in which a death or fetal death occurred ...
• Texas Health & Safety Code Section 193.009 - Burial Records
  (a) The person in charge of premises on which interments are made shall keep a record of the bodies interred or otherwise disposed of on ...
• Texas Health & Safety Code Section 193.010 - Certificate Of Death By Catastrophe
  (a) In this section, "catastrophe" means the occurrence of a substantial force that causes widespread or severe damage, injury, or loss of life or property ...
• Texas Health & Safety Code Section 194.001 - Report Of Marriage
  (a) The county clerk shall file with the bureau of vital statistics a copy of each completed marriage license application. The clerk shall file the ...
• Texas Health & Safety Code Section 194.0011 - Marriage License Applications
  (a) The board by rule shall prescribe the format and content of the form used for the marriage license application. (b) The bureau of vital ...
• Texas Health & Safety Code Section 194.002 - Report Of Divorce Or Annulment
  (a) The bureau of vital statistics shall prescribe a form for reporting divorces and annulments of marriage. The form must require the following information: (1) ...
• Texas Health & Safety Code Section 194.003 - State Index
  (a) The bureau of vital statistics shall maintain a statewide alphabetical index, under the names of both parties, of each marriage license application or declaration ...
• Texas Health & Safety Code Section 194.004 - Release Of Information
  (a) The bureau of vital statistics shall furnish on request any information it has on record relating to any marriage, divorce, or annulment of marriage. ...
• Texas Health & Safety Code Section 194.005 - Heirloom Wedding Anniversary Certificate
  (a) The department shall promote the sale of an heirloom wedding anniversary certificate. The department shall solicit donated designs for the certificate from Texas artists ...
• Texas Health & Safety Code Section 195.001 - Enforcement Of Title; Reports By Local Registrar
  (a) The local registrar in each local registration district shall enforce this title under the supervision and direction of the state registrar. (b) A local ...
• Texas Health & Safety Code Section 195.002 - Supervision And Investigation By State Registrar
  (a) The state registrar shall execute this title throughout the state. To ensure uniform compliance with this title, the state registrar has supervisory power over ...
• Texas Health & Safety Code Section 195.003 - False Records
  (a) A person commits an offense if the person intentionally or knowingly makes a false statement or directs another person to make a false statement ...
• Texas Health & Safety Code Section 195.004 - Failure To Perform Duty
  (a) A person commits an offense if the person refuses or fails to furnish correctly any information in the person's possession affecting a certificate or ...
• Texas Health & Safety Code Section 195.005 - Disclosure Of Confidential Information
  (a) A person commits an offense if the person knowingly violates Section 192.002(b), knowingly induces or causes another to violate that section, or knowingly fails ...
• Texas Health & Safety Code Section 221.001 - Short Title
  This chapter may be cited as the Health Facilities Development Act. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 221.002 - Purpose; Construction
  (a) The purpose of this chapter is to enable a municipality, county, or hospital district to create a corporation with the power to provide, expand, ...
• Texas Health & Safety Code Section 221.003 - Definitions
  In this chapter: (1) "Board of directors" means the board of directors of a development corporation. (2) "Bonds" includes notes, interim certificates, or other evidences ...
• Texas Health & Safety Code Section 221.004 - Adoption Of Alternate Procedure
  If a court holds that a procedure under this chapter violates the federal or state constitution, a development corporation by resolution may provide an alternate ...
• Texas Health & Safety Code Section 221.005 - Effect Of Chapter On Other Law
  (a) This chapter does not limit the police powers provided by law to the state, a municipality, or other political subdivision of the state or ...
• Texas Health & Safety Code Section 221.011 - Authority To Create
  (a) A sponsoring entity may create one or more nonmember, nonstock development corporations for the sole public purpose of acquiring, constructing, providing, improving, financing, and ...
• Texas Health & Safety Code Section 221.012 - Procedure
  (a) If the governing body of a sponsoring entity determines that it is in the public interest and to the benefit of the sponsoring entity's ...
• Texas Health & Safety Code Section 221.013 - Articles Of Incorporation
  (a) The articles of incorporation of a development corporation must include: (1) the corporation's name; (2) a statement that the corporation is a nonprofit public ...
• Texas Health & Safety Code Section 221.014 - Certificate Of Incorporation
  (a) The incorporators shall deliver to the secretary of state the original and two copies of the articles of incorporation and a certified copy of ...
• Texas Health & Safety Code Section 221.015 - Organizational Meeting
  (a) After issuance of the certificate of incorporation and at the call of a majority of the incorporators, the board of directors named in the ...
• Texas Health & Safety Code Section 221.016 - Amendment Of Articles Of Incorporation
  (a) Articles of incorporation may be amended to contain any provision that is lawful under this chapter if the sponsoring entity's governing body by appropriate ...
• Texas Health & Safety Code Section 221.017 - Certificate Of Amendment
  (a) The original and two copies of the articles of amendment and a certified copy of the resolution of the sponsoring entity's governing body authorizing ...
• Texas Health & Safety Code Section 221.018 - Restated Articles Of Incorporation
  (a) A development corporation may authorize, execute, and file restated articles of incorporation by following the procedure to amend articles of incorporation, including obtaining authorization ...
• Texas Health & Safety Code Section 221.019 - Restated Certificate Of Incorporation
  (a) The original and two copies of the restated articles of incorporation and a certified copy of the resolution of the sponsoring entity's governing body ...
• Texas Health & Safety Code Section 221.020 - Registered Office And Agent
  (a) A development corporation shall continuously maintain a registered office and registered agent in this state. (b) The registered office may be, but need not ...
• Texas Health & Safety Code Section 221.021 - Change Of Registered Office Or Agent
  (a) A development corporation may change its registered office, registered agent, or both, by filing the original and a copy of a statement in the ...
• Texas Health & Safety Code Section 221.022 - Resignation Of Registered Agent
  (a) A registered agent of a development corporation may resign by: (1) mailing or delivering written notice to the corporation; and (2) filing the original ...
• Texas Health & Safety Code Section 221.023 - Agents For Service
  (a) The president, each vice-president, and the registered agent of a development corporation are the corporation's agents on whom may be served a process, notice, ...
• Texas Health & Safety Code Section 221.024 - Board
  (a) A development corporation's affairs are governed by a board of directors composed of at least three individuals appointed by the sponsoring entity's governing body. ...
• Texas Health & Safety Code Section 221.025 - Officers
  (a) The officers of a development corporation are: (1) the president, vice-president, and secretary; and (2) other officers, including a treasurer, and assistant officers considered ...
• Texas Health & Safety Code Section 221.026 - Indemnification
  (a) Except as provided by Subsection (c), a development corporation may indemnify a director or officer or a former director or officer for expenses and ...
• Texas Health & Safety Code Section 221.027 - Bylaws
  (a) The board of directors shall adopt a development corporation's initial bylaws and may amend or repeal the bylaws or adopt new bylaws. The bylaws ...
• Texas Health & Safety Code Section 221.028 - Committees
  (a) If permitted by the articles of incorporation or bylaws, the board of directors, by resolution adopted by a majority of directors in office, may ...
• Texas Health & Safety Code Section 221.029 - Meetings; Action Without Meeting
  (a) A regular board of directors meeting may be called and held, with or without notice, as provided by the bylaws. A special board of ...
• Texas Health & Safety Code Section 221.030 - Corporation's General Powers
  (a) Subject to Section 221.035, a development corporation has the rights and powers necessary or convenient to accomplish the corporation's purposes, including the power to: ...
• Texas Health & Safety Code Section 221.031 - Conveyance Of Land
  (a) A development corporation may convey land by deed if the conveyance is authorized by an appropriate resolution of the board of directors. The deed ...
• Texas Health & Safety Code Section 221.032 - Perfection Of Security Interest
  A security interest granted by a corporation may be perfected in the manner and with the effect provided by Chapter 9, Business & Commerce Code. ...
• Texas Health & Safety Code Section 221.033 - Taxation
  (a) A health facility, including a leasehold estate in a health facility, that is owned by a development corporation and that, except for the purposes ...
• Texas Health & Safety Code Section 221.034 - Net Earnings
  A development corporation is a nonprofit corporation, and no part of its net earnings remaining after payment of its bonds and expenses of accomplishing its ...
• Texas Health & Safety Code Section 221.035 - Alteration Of Development Corporation Or Activities
  The sponsoring entity, in its sole discretion, may alter the development corporation's structure, organization, programs, or activities, subject only to limitations provided by law relating ...
• Texas Health & Safety Code Section 221.036 - Examination Of Books And Records
  A representative of the sponsoring entity may examine all books and records of the development corporation at any time. Acts 1989, 71st Leg., ch. 678, ...
• Texas Health & Safety Code Section 221.037 - Waiver Of Notice
  If a notice is required to be given to a director by this chapter, the articles of incorporation, or bylaws, a waiver of the notice ...
• Texas Health & Safety Code Section 221.061 - Authority To Issue; Use Of Proceeds
  (a) A development corporation may issue bonds to pay all or part of the cost of a health facility or for cash management. (b) Before ...
• Texas Health & Safety Code Section 221.062 - Information Filed With Sponsoring Entity
  (a) Not later than the 15th day before the date on which bonds are issued, the proceeds of which are to be used to pay ...
• Texas Health & Safety Code Section 221.063 - Terms
  (a) Bonds issued under this chapter must be dated and bear interest at a fixed or variable rate determined by the development corporation. The bonds ...
• Texas Health & Safety Code Section 221.064 - Sale
  (a) A development corporation shall sell at a public or private sale the bonds at the price it determines. (b) The net effective interest rate ...
• Texas Health & Safety Code Section 221.065 - Refunding Bonds
  (a) A development corporation may issue bonds to refund any of its valid outstanding bonds, including any bonds issued for unspecified projects and including any ...
• Texas Health & Safety Code Section 221.066 - Source Of Payment; Bonds Not General Obligation
  (a) The principal of, interest on, and any redemption penalty on bonds issued under this chapter are payable solely from, and may be secured by ...
• Texas Health & Safety Code Section 221.067 - Exempt Securities
  (a) Bonds issued under this chapter and any interest coupons are exempt securities under The Securities Act (Article 581-1 et seq., Vernon's Texas Civil Statutes). ...
• Texas Health & Safety Code Section 221.068 - Legal Investments; Security For Deposits
  (a) Unless made ineligible under other law, rules, or rulings, bonds are legal and authorized investments for: (1) a bank; (2) a savings bank; (3) ...
• Texas Health & Safety Code Section 221.081 - Dissolution Authorized
  After a development corporation's bonds and other obligations are paid and discharged, or adequate provision is made for their payment and discharge, the sponsoring entity's ...
• Texas Health & Safety Code Section 221.082 - Articles Of Dissolution
  (a) Articles of dissolution on behalf of the corporation shall be executed by: (1) the president or vice-president and the secretary or assistant secretary; or ...
• Texas Health & Safety Code Section 221.083 - Certificate Of Dissolution
  (a) The original and two copies of the articles of dissolution shall be delivered to the secretary of state. (b) If the secretary of state ...
• Texas Health & Safety Code Section 221.084 - Extension Of Duration
  If a corporation is dissolved by expiration of its duration, the corporation may amend its articles of incorporation to extend its duration within three years ...
• Texas Health & Safety Code Section 221.085 - Vesting Property In Sponsoring Entity
  The title to all funds and other property owned by a development corporation when it dissolves automatically vests in the sponsoring entity without further conveyance, ...
• Texas Health & Safety Code Section 221.086 - Rights, Claims, And Liabilities Before Dissolution
  The dissolution of a development corporation by issuance of a certificate of dissolution or expiration of its duration does not impair a remedy available to ...
• Texas Health & Safety Code Section 221.101 - Administration Of Chapter
  The secretary of state may act as reasonably necessary to efficiently administer this chapter and to perform the duties imposed by this chapter. Acts 1989, ...
• Texas Health & Safety Code Section 221.102 - Fees
  (a) The secretary of state shall charge and collect fees for: (1) filing articles of incorporation and issuing two certificates of incorporation; (2) filing articles ...
• Texas Health & Safety Code Section 221.103 - Notice And Appeal Of Disapproval
  (a) If the secretary of state fails to approve a document required by this chapter to be approved by the secretary of state, the secretary ...
• Texas Health & Safety Code Section 221.104 - Documents As Prima Facie Evidence
  The following documents shall be received by a court, public office, or official body as prima facie evidence of the facts, or the existence or ...
• Texas Health & Safety Code Section 222.001 - Short Title
  This subchapter may be cited as the Texas Hospital Survey and Construction Act. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 222.002 - Definitions
  In this subchapter: (1) "Board" means the Texas Board of Health. (2) "Commissioner" means the commissioner of health. (3) "Department" means the Texas Department of ...
• Texas Health & Safety Code Section 222.003 - Exception
  This subchapter does not apply to a hospital furnishing primarily domiciliary care. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 222.004 - Division Of Hospital Survey And Construction
  (a) The division of hospital survey and construction is a division of the department. (b) The division is administered by a full-time salaried director appointed ...
• Texas Health & Safety Code Section 222.005 - Survey, Planning, And Construction Of Hospitals
  (a) The department, through the division of hospital survey and construction, is the only agency of the state authorized to make an inventory of existing ...
• Texas Health & Safety Code Section 222.006 - Funding
  (a) The commissioner shall accept, on behalf of the state, a payment of federal funds or a gift or grant made to assist in meeting ...
• Texas Health & Safety Code Section 222.007 - Agreements For Use Of Facilities And Services Of Other Entities
  To the extent the commissioner considers desirable to carry out the purposes of this subchapter, the commissioner may enter into an agreement for the use ...
• Texas Health & Safety Code Section 222.008 - Experts And Consultants
  The commissioner may contract for services of experts or consultants, or organizations of experts or consultants, on a part-time or fee-for-service basis. The contracts may ...
• Texas Health & Safety Code Section 222.009 - Commissioner's Report
  (a) The commissioner annually shall report to the board on activities and expenditures under this subchapter. (b) The commissioner shall include in the report recommendations ...
• Texas Health & Safety Code Section 222.021 - Purpose
  The purpose of this subchapter is to require that state agencies that perform inspections of health care facilities, including the Texas Department of Health, the ...
• Texas Health & Safety Code Section 222.022 - Definitions
  In this subchapter: (1) "Health care facility" has the meaning assigned by Section 104.002, except that the term does not include a treatment facility licensed ...
• Texas Health & Safety Code Section 222.023 - Limitation On Inspections
  (a) A state agency may make or require only those inspections necessary to carry out obligations imposed on the agency by federal and state laws, ...
• Texas Health & Safety Code Section 222.024 - Certification Or Accreditation Instead Of Inspection
  (a) Except as provided by Subsection (c), a hospital licensed by the Texas Department of Health is not subject to additional annual licensing inspections before ...
• Texas Health & Safety Code Section 222.025 - Limitation Of Other Regulation
  (a) The Texas Department of Human Services, the Texas Department of Health, and the Texas Department of Mental Health and Mental Retardation each by rule ...
• Texas Health & Safety Code Section 222.0255 - Nursing Homes
  (a) The Texas Department of Human Services shall develop one set of standards for nursing homes that apply to licensing and to certification for participation ...
• Texas Health & Safety Code Section 222.026 - Complaint Investigations And Enforcement Authority
  (a) Sections 222.024, 222.025, and 222.0255 do not affect the authority of the Texas Department of Health to implement and enforce the provisions of Chapter ...
• Texas Health & Safety Code Section 222.027 - Physician On Survey Team
  The Texas Department of Health shall ensure that a licensed physician involved in direct patient care as defined by the Texas State Board of Medical ...
• Texas Health & Safety Code Section 222.041 - Definitions
  In this subchapter: (1) "Board" means the Texas Board of Human Services. (2) "Commissioner" means the commissioner of human services. (3) "Department" means the Texas ...
• Texas Health & Safety Code Section 222.042 - Licensing Of Icf-Mr Beds And Facilities
  The department may not license or approve as meeting licensing standards new ICF-MR beds or the expansion of an existing ICF-MR facility unless the new ...
• Texas Health & Safety Code Section 222.043 - Review Of Icf-Mr Surveys
  (a) The board by rule shall establish policies and procedures as prescribed by this section to conduct an informal review of ICF-MR surveys when the ...
• Texas Health & Safety Code Section 222.044 - Follow-Up Surveys
  (a) The department shall conduct follow-up surveys of ICF-MR facilities to: (1) evaluate and monitor the findings of the certification or licensing survey teams; and ...
• Texas Health & Safety Code Section 222.046 - Surveys Of Icf-Mr Facilities
  (a) The department shall ensure that each survey team sent to survey an ICF-MR facility includes a qualified mental retardation professional, as that term is ...
• Texas Health & Safety Code Section 223.001 - Short Title
  This chapter may be cited as the Hospital Project Financing Act. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 223.002 - Definitions
  In this chapter: (1) "Authority" means a public health authority, including a hospital authority created under Chapter 262 or 264. (2) "Bond" includes a note. ...
• Texas Health & Safety Code Section 223.003 - Hospital Project Costs
  (a) Hospital project costs include costs related to: (1) the acquisition of land, a right-of-way, an option to purchase land, an easement, or another interest ...
• Texas Health & Safety Code Section 223.011 - Providing Hospital Projects
  (a) An issuer acting for itself or through a nonprofit organization may provide one or more hospital projects by acquisition, construction, or improvement. An acquisition ...
• Texas Health & Safety Code Section 223.012 - Title To Projects
  (a) An issuer may vest title to a hospital project provided under this chapter in a nonprofit organization. (b) If the issuer vests the title ...
• Texas Health & Safety Code Section 223.013 - Contracts Relating To Hospital Project
  (a) An issuer may execute a contract, including a lease, with a nonprofit organization with respect to a hospital project. A contract may authorize the ...
• Texas Health & Safety Code Section 223.014 - Authority Of Issuer
  An issuer has full and complete authority relating to its bonds, a lease agreement in which the issuer is a lessor, or a sale or ...
• Texas Health & Safety Code Section 223.015 - Obligations Limited
  (a) The issuer may not incur a financial obligation under this chapter that cannot be paid from the proceeds of hospital project bonds, revenues derived ...
• Texas Health & Safety Code Section 223.016 - Eminent Domain
  (a) Under this chapter, an issuer may not acquire by eminent domain a hospital project, or any part of a hospital project, to be sold ...
• Texas Health & Safety Code Section 223.021 - Issuance Of Hospital Project Bonds
  (a) An issuer may provide for the issuance of negotiable revenue bonds or other evidences of indebtedness for paying hospital project costs. The bonds may ...
• Texas Health & Safety Code Section 223.022 - Election On Bonds
  (a) The governing body of an issuer shall order and hold an election on the question of the issuance of hospital project bonds if at ...
• Texas Health & Safety Code Section 223.023 - Election Results
  (a) If the proposition is approved by a majority of the voters voting in the election, the issuer may authorize the bonds. (b) If the ...
• Texas Health & Safety Code Section 223.024 - Protest Not Filed
  If a protest requiring an election is not filed under Section 223.022(a) and an election is not called under Section 223.022(b), the issuer may issue ...
• Texas Health & Safety Code Section 223.025 - Limitations On Bonds
  (a) Bonds issued in accordance with this chapter are not general obligations or a pledge of the faith and credit of this state, the issuer, ...
• Texas Health & Safety Code Section 223.026 - Form And Term Of Bonds
  (a) The issuer shall determine the form of the bonds, the date of the bond issue, the price and interest rate of the bonds, and ...
• Texas Health & Safety Code Section 223.027 - Dedicated Repayment Revenue
  The principal of, any redemption premium for, and interest on hospital project bonds are payable from and secured, as specified by the resolution of the ...
• Texas Health & Safety Code Section 223.028 - Security For Bonds
  (a) Bonds issued under this chapter may be secured by a trust agreement between the issuer and a trust company or bank having the powers ...
• Texas Health & Safety Code Section 223.029 - Use Of Proceeds
  (a) The proceeds of the bonds may be: (1) used only for the payment of hospital project costs for which the bonds are issued; and ...
• Texas Health & Safety Code Section 223.030 - Temporary Obligations
  (a) Before the issuance of definitive bonds, the issuer may issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when ...
• Texas Health & Safety Code Section 223.031 - Examination Of Bonds
  (a) After issuance of the bonds is authorized and before delivery of the bonds to their purchasers, the bonds and the proceedings authorizing their issuance ...
• Texas Health & Safety Code Section 223.032 - Refunding Bonds
  (a) An issuer by resolution may authorize the issuance of revenue bonds to refund: (1) outstanding bonds or other evidences of indebtedness that have been ...
• Texas Health & Safety Code Section 223.033 - Enforcement Of Agreements
  (a) An agreement made under this chapter may provide, in the event of default in the payment of the principal of, interest on, or any ...
• Texas Health & Safety Code Section 223.034 - Membership Of Governing Body Not Subject To Change
  The resolution authorizing the issuance of hospital project bonds, the trust agreement securing the bonds, or any other agreement relating to the bonds may not ...
• Texas Health & Safety Code Section 223.035 - Bonds Tax Exempt
  The bonds issued under this chapter, their transfer, and interest from the bonds, including profit made from their sale, are exempt from taxation by this ...
• Texas Health & Safety Code Section 223.036 - Bonds As Securities
  (a) Bonds issued under this chapter and any interest coupons are investment securities under Chapter 8, Business & Commerce Code, and are exempt securities under ...
• Texas Health & Safety Code Section 223.037 - Bonds As Investments
  (a) Unless the bonds issued under this chapter are ineligible for investments in accordance with the criteria established in other statutes, rulings, or regulations of ...
• Texas Health & Safety Code Section 223.038 - Cost Of Certain Required Alterations
  The relocation, raising, lowering, rerouting, changing of grade, or altering of construction of a highway, railroad, electric transmission line, telegraph or telephone property or facility, ...
• Texas Health & Safety Code Section 225.001 - Definitions
  In this chapter: (1) "Capital expenditure" means an expenditure that is not an operation or a maintenance expense under generally accepted accounting principles. (2) "Health ...
• Texas Health & Safety Code Section 225.002 - Federal Law
  A reference in this chapter to federal law is a reference to any pertinent federal authority, including: (1) the National Health Planning and Resources Development ...
• Texas Health & Safety Code Section 225.003 - Governor's Duties Relating To Health Planning
  (a) The governor, as chief executive and planning officer of this state, may perform the duties and functions assigned to the governor by federal law. ...
• Texas Health & Safety Code Section 225.004 - Capital Expenditure Review Program
  (a) The governor by executive order may establish a program to comply with federal law to review capital expenditures made by or on behalf of ...
• Texas Health & Safety Code Section 225.005 - Executive Order
  (a) An order issued under Section 225.004(a) must contain the governor's findings, including a brief description of the reason for the findings. (b) An unrescinded ...
• Texas Health & Safety Code Section 241.001 - Short Title
  This chapter may be cited as the Texas Hospital Licensing Law. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 241.002 - Purpose
  The purpose of this chapter is to protect and promote the public health and welfare by providing for the development, establishment, and enforcement of certain ...
• Texas Health & Safety Code Section 241.003 - Definitions
  In this chapter: (1) "Advanced practice nurse" means a registered nurse recognized as an advanced practice nurse by the Board of Nurse Examiners. (2) "Board" ...
• Texas Health & Safety Code Section 241.004 - Exemptions
  This chapter does not apply to a facility: (1) licensed under Chapter 242 or 577; (2) maintained or operated by the federal government or an ...
• Texas Health & Safety Code Section 241.005 - Employment Of Personnel
  The department may employ stenographers, inspectors, and other necessary assistants in carrying out the provisions of this chapter. Acts 1989, 71st Leg., ch. 678, § ...
• Texas Health & Safety Code Section 241.006 - Coordination Of Signage Requirements Imposed By State Agencies
  (a) The department is authorized to review current and proposed state rules issued by the department or by other state agencies that mandate that a ...
• Texas Health & Safety Code Section 241.021 - License Required
  A person or governmental unit, acting severally or jointly with any other person or governmental unit, may not establish, conduct, or maintain a hospital in ...
• Texas Health & Safety Code Section 241.022 - License Application
  (a) An application for a license must be made to the department on a form provided by the department. (b) The application must contain: (1) ...
• Texas Health & Safety Code Section 241.023 - Issuance Of License
  (a) On receiving a license application and the license fee, the department shall issue a license if it finds that the applicant and the hospital ...
• Texas Health & Safety Code Section 241.024 - Hospital Licensing Director
  (a) The commissioner of health shall appoint, with the advice and consent of the board, a person to serve as hospital licensing director. (b) A ...
• Texas Health & Safety Code Section 241.025 - License Fees
  (a) The department shall charge each hospital an annual license fee for an initial license or a license renewal. (b) The board by rule shall ...
• Texas Health & Safety Code Section 241.026 - Rules And Minimum Standards
  (a) The board shall adopt and enforce rules to further the purposes of this chapter. The rules at a minimum shall address: (1) minimum requirements ...
• Texas Health & Safety Code Section 241.0262 - Circulating Duties For Surgical Services
  Circulating duties in the operating room must be performed by qualified registered nurses. In accordance with approved medical staff policies and procedures, licensed vocational nurses ...
• Texas Health & Safety Code Section 241.0263 - Recommendations Relating To Missing Infants
  (a) The department shall recommend hospital security procedures to: (1) reduce the likelihood of infant patient abduction; and (2) aid in the identification of missing ...
• Texas Health & Safety Code Section 241.0265 - Standards For Care For Mental Health And Chemical Dependency
  (a) The care and treatment of a patient receiving mental health services in a facility licensed by the department under this chapter or Chapter 577 ...
• Texas Health & Safety Code Section 241.027 - Patient Transfers
  (a) The board shall adopt rules to govern the transfer of patients between hospitals that do not have a transfer agreement and governing services not ...
• Texas Health & Safety Code Section 241.028 - Transfer Agreements
  (a) If hospitals execute a transfer agreement that is consistent with the requirements of this section, all patient transfers between the hospitals are governed by ...
• Texas Health & Safety Code Section 241.029 - Policies And Procedures Relating To Workplace Safety
  (a) The governing body of a hospital shall adopt policies and procedures related to the work environment for nurses to: (1) improve workplace safety and ...
• Texas Health & Safety Code Section 241.051 - Inspections
  (a) The department may make any inspection, survey, or investigation that it considers necessary. A representative of the department may enter the premises of a ...
• Texas Health & Safety Code Section 241.052 - Compliance With Rules And Standards
  (a) A hospital that is in operation when an applicable rule or minimum standard is adopted under this chapter must be given a reasonable period ...
• Texas Health & Safety Code Section 241.053 - Denial Of Application, Suspension, Revocation, Probation, Or Reissuance Of License
  (a) The department, after providing notice and an opportunity for a hearing to the applicant or license holder, may deny, suspend, or revoke a hospital's ...
• Texas Health & Safety Code Section 241.0531 - Commissioner's Emergency Orders
  (a) Following notice to the hospital and opportunity for hearing, the commissioner of health or a person designated by the commissioner may issue an emergency ...
• Texas Health & Safety Code Section 241.054 - Violations; Injunctions
  (a) The department shall: (1) notify a hospital of a finding by the department that the hospital is violating or has violated this chapter or ...
• Texas Health & Safety Code Section 241.055 - Civil Penalty
  (a) A hospital shall timely adopt, implement, and enforce a patient transfer policy in accordance with Section 241.027. A hospital may implement patient transfer agreements ...
• Texas Health & Safety Code Section 241.056 - Suit By Person Harmed
  (a) A person who is harmed by a violation under Section 241.028 or 241.055 may petition a district court for appropriate injunctive relief. (b) Venue ...
• Texas Health & Safety Code Section 241.057 - Criminal Penalty
  (a) A person commits an offense if the person establishes, conducts, manages, or operates a hospital without a license. (b) An offense under this section ...
• Texas Health & Safety Code Section 241.058 - Minor Violations
  (a) This chapter does not require the commissioner of health or a designee of the commissioner to report a minor violation for prosecution or the ...
• Texas Health & Safety Code Section 241.0585 - Recovery Of Costs
  If the attorney general brings an action to enforce an administrative penalty assessed under Section 241.058 and the court orders the payment of the penalty, ...
• Texas Health & Safety Code Section 241.059 - Administrative Penalty
  (a) The commissioner of health may assess an administrative penalty against a hospital that violates this chapter, a rule adopted pursuant to this chapter, a ...
• Texas Health & Safety Code Section 241.060 - Administrative Penalty For Mental Health, Chemical Dependency, Or Rehabilitation Services
  (a) The board may impose an administrative penalty against a person licensed or regulated under this chapter who violates this chapter or a rule or ...
• Texas Health & Safety Code Section 241.101 - Hospital Authority Concerning Medical Staff
  (a) Except as otherwise provided by this section and Section 241.102, this chapter does not change the authority of the governing body of a hospital, ...
• Texas Health & Safety Code Section 241.1015 - Physician Communication And Contracts
  (a) A hospital, whether by contract, by granting or withholding staff privileges, or otherwise, may not restrict a physician's ability to communicate with a patient ...
• Texas Health & Safety Code Section 241.102 - Authorizations And Restrictions In Relation To Physicians And Podiatrists
  (a) This chapter does not authorize a physician or podiatrist to perform medical or podiatric acts that are beyond the scope of the respective license ...
• Texas Health & Safety Code Section 241.103 - Preservation Of Records
  (a) A hospital may authorize the disposal of any medical record on or after the 10th anniversary of the date on which the patient who ...
• Texas Health & Safety Code Section 241.104 - Hospital Plan Reviews
  (a) The board by rule shall adopt fees for hospital plan reviews according to a schedule based on the estimated construction costs. (b) The fee ...
• Texas Health & Safety Code Section 241.105 - Hospital Privileges For Advanced Practice Nurses And Physician Assistants
  (a) The governing body of a hospital is authorized to establish policies concerning the granting of clinical privileges to advanced practice nurses and physician assistants, ...
• Texas Health & Safety Code Section 241.121 - Definition
  In this subchapter, "comprehensive medical rehabilitation" means the provision of rehabilitation services that are designed to improve or minimize a person's physical or cognitive disabilities, ...
• Texas Health & Safety Code Section 241.122 - License Required
  Unless a person has a license issued under this chapter, a person other than an individual may not provide inpatient comprehensive medical rehabilitation to a ...
• Texas Health & Safety Code Section 241.123 - Rehabilitation Services Standards
  (a) The board by rule shall adopt standards for the provision of rehabilitation services by a hospital to ensure the health and safety of a ...
• Texas Health & Safety Code Section 241.151 - Definitions
  In this subchapter: (1) "Directory information" means information disclosing the presence of a person who is receiving inpatient, outpatient, or emergency services from a licensed ...
• Texas Health & Safety Code Section 241.152 - Written Authorization For Disclosure Of Health Care Information
  (a) Except as authorized by Section 241.153, a hospital or an agent or employee of a hospital may not disclose health care information about a ...
• Texas Health & Safety Code Section 241.153 - Disclosure Without Written Authorization
  A patient's health care information may be disclosed without the patient's authorization if the disclosure is: (1) directory information, unless the patient has instructed the ...
• Texas Health & Safety Code Section 241.1531 - Exchange Of Inmate's Health Care Information
  Notwithstanding any other law of this state, the health care information of a patient who is a defendant or inmate confined in a facility operated ...
• Texas Health & Safety Code Section 241.154 - Request
  (a) On receipt of a written authorization from a patient or legally authorized representative to examine or copy all or part of the patient's recorded ...
• Texas Health & Safety Code Section 241.155 - Safeguards For Security Of Health Care Information
  A hospital shall adopt and implement reasonable safeguards for the security of all health care information it maintains. Added by Acts 1995, 74th Leg., ch. ...
• Texas Health & Safety Code Section 241.156 - Patient Remedies
  (a) A patient aggrieved by a violation of this subchapter relating to the unauthorized release of confidential health care information may bring an action for: ...
• Texas Health & Safety Code Section 241.201 - Duties Of Department
  (a) The department shall develop a patient safety program for hospitals. The program must: (1) be administered by the hospital licensing program within the department; ...
• Texas Health & Safety Code Section 241.202 - Annual Report
  (a) On renewal of a license under this chapter, a hospital shall submit to the department an annual report that lists the number of occurrences ...
• Texas Health & Safety Code Section 241.203 - Root Cause Analysis And Action Plan
  (a) In this section, "root cause analysis" means the process that identifies basic or causal factors underlying a variation in performance leading to an event ...
• Texas Health & Safety Code Section 241.204 - Confidentiality; Absolute Privilege
  (a) Except as provided by Sections 241.205 and 241.206, all information and materials obtained or compiled by the department under this subchapter or compiled by ...
• Texas Health & Safety Code Section 241.205 - Annual Department Summary
  The department annually shall compile and make available to the public a summary of the events reported by hospitals as required by Section 241.202. The ...
• Texas Health & Safety Code Section 241.206 - Best Practices Report And Department Summary
  (a) A hospital shall provide to the department at least one report of the best practices and safety measures related to a reported event. (b) ...
• Texas Health & Safety Code Section 241.207 - Prohibition
  The hospital annual report, the department summary, or the best practices report may not distinguish between an event that occurred at an outpatient facility owned ...
• Texas Health & Safety Code Section 241.208 - Report To Legislature
  (a) Not later than December 1, 2006, the commissioner of public health shall: (1) evaluate the patient safety program established under this subchapter; and (2) ...
• Texas Health & Safety Code Section 241.209 - Gifts, Grants, And Donations
  The department may accept and administer a gift, grant, or donation from any source to carry out the purposes of this subchapter. Added by Acts ...
• Texas Health & Safety Code Section 241.210 - Expiration
  Unless continued in existence, this subchapter expires September 1, 2007. Added by Acts 2003, 78th Leg., ch. 569, § 2, eff. June 20, 2003. ...
• Texas Health & Safety Code Section 242.301 - Definitions
  Text of section effective until federal determination of failure to comply with federal regulations In this subchapter: (1) "Nursing facility" means an institution or ...
• Texas Health & Safety Code Section 242.301 - Definitions
  Text of section effective upon federal determination of failure to comply with federal regulations In this subchapter: (1) "Board" means the Texas Board of ...
• Texas Health & Safety Code Section 242.302 - Texas Board Of Nursing Facility Administrators
  Text of section effective upon federal determination of failure to comply with federal regulations (a) The Texas Board of Nursing Facility Administrators is within ...
• Texas Health & Safety Code Section 242.303 - Membership Requirements
  Text of section effective upon federal determination of failure to comply with federal regulations (a) A member of the board who is an administrator ...
• Texas Health & Safety Code Section 242.304 - Grounds For Removal
  Text of section effective upon federal determination of failure to comply with federal regulations It is a ground for removal from the board if ...
• Texas Health & Safety Code Section 242.305 - Board Officers; Meetings; Quorum; Expenses
  Text of section effective upon federal determination of failure to comply with federal regulations (a) The board shall elect from its members a presiding ...
• Texas Health & Safety Code Section 242.306 - Application Of Open Meetings And Administrative Procedure Act
  Text of section effective upon federal determination of failure to comply with federal regulations The board is subject to Chapters 551 and 2001, Government Code. ...
• Texas Health & Safety Code Section 242.307 - Powers And Duties Of The Board
  Text of section effective upon federal determination of failure to comply with federal regulations (a) The board may adopt rules consistent with this subchapter. ...
• Texas Health & Safety Code Section 242.308 - Administrative Functions
  Text of section effective upon federal determination of failure to comply with federal regulations The department shall serve as the administrator of the licensing ...
• Texas Health & Safety Code Section 242.309 - Fees; Funds
  Text of section effective upon federal determination of failure to comply with federal regulations (a) The board by rule shall set reasonable and necessary ...
• Texas Health & Safety Code Section 242.310 - Practicing Without A License
  Text of section effective upon federal determination of failure to comply with federal regulations A person may not act as a nursing facility administrator ...
• Texas Health & Safety Code Section 242.311 - License Application; Qualifications
  Text of section effective upon federal determination of failure to comply with federal regulations (a) An applicant for a nursing facility administrator's license must ...
• Texas Health & Safety Code Section 242.312 - Examination
  Text of section effective upon federal determination of failure to comply with federal regulations (a) The licensing examination shall be prepared or approved by ...
• Texas Health & Safety Code Section 242.313 - Licenses; Temporary License; Inactive Status
  Text of section effective upon federal determination of failure to comply with federal regulations (a) A person who meets the requirements for licensing under ...
• Texas Health & Safety Code Section 242.314 - Provisional License
  Text of section effective upon federal determination of failure to comply with federal regulations (a) The board shall issue a provisional license to an ...
• Texas Health & Safety Code Section 242.315 - License Renewal
  Text of section effective upon federal determination of failure to comply with federal regulations (a) A person who is otherwise eligible to renew a ...
• Texas Health & Safety Code Section 242.316 - Mandatory Continuing Education
  Text of section effective upon federal determination of failure to comply with federal regulations (a) The board by rule shall establish a minimum number ...
• Texas Health & Safety Code Section 242.317 - Complaint Receipt, Investigation, And Disposition
  Text of section effective upon federal determination of failure to comply with federal regulations (a) The board shall keep an information file about each ...
• Texas Health & Safety Code Section 242.318 - Sanctions
  Text of section effective upon federal determination of failure to comply with federal regulations (a) The board may revoke, suspend, or refuse to renew ...
• Texas Health & Safety Code Section 242.319 - Written Reprimand And Continuing Education As Sanctions
  Text of section effective upon federal determination of failure to comply with federal regulations In addition to the other disciplinary actions authorized under this ...
• Texas Health & Safety Code Section 242.320 - Administrative Penalty As Sanction
  Text of section effective upon federal determination of failure to comply with federal regulations (a) The department may impose an administrative penalty against a ...
• Texas Health & Safety Code Section 242.321 - Notice And Hearing
  Text of section effective upon federal determination of failure to comply with federal regulations (a) If the department determines that a violation has occurred, ...
• Texas Health & Safety Code Section 242.322 - Informal Proceedings
  Text of section effective upon federal determination of failure to comply with federal regulations (a) The department by rule shall adopt procedures governing: (1) ...
• Texas Health & Safety Code Section 242.323 - Monitoring Of License Holder
  Text of section effective upon federal determination of failure to comply with federal regulations The board by rule shall develop a system for monitoring ...
• Texas Health & Safety Code Section 242.324 - Civil Penalty
  Text of section effective upon federal determination of failure to comply with federal regulations A person who violates this subchapter is liable to the ...
• Texas Health & Safety Code Section 242.325 - Assistance Of Attorney General
  Text of section effective upon federal determination of failure to comply with federal regulations The attorney general shall provide legal assistance as necessary in ...
• Texas Health & Safety Code Section 242.326 - Offense
  Text of section effective upon federal determination of failure to comply with federal regulations (a) A person commits an offense if the person knowingly ...
• Texas Health & Safety Code Section 242.327 - Protection For Refusal To Engage In Certain Conduct
  Text of section effective upon federal determination of failure to comply with federal regulations (a) A person may not suspend, terminate, or otherwise discipline ...
• Texas Health & Safety Code Section 242.401 - Quality Of Life
  (a) An institution shall care for its residents in a manner and in an environment that promotes maintenance or enhancement of each resident's quality of ...
• Texas Health & Safety Code Section 242.402 - Quality Of Care
  An institution shall provide to each resident the necessary care or service needed to enable the resident to attain and maintain the highest practicable level ...
• Texas Health & Safety Code Section 242.403 - Standards For Quality Of Life And Quality Of Care
  (a) The department shall adopt standards to implement Sections 242.401 and 242.402. Those standards must, at a minimum, address: (1) admission of residents; (2) care ...
• Texas Health & Safety Code Section 242.404 - Policies, Procedures, And Practices For Quality Of Care And Quality Of Life
  (a) Each institution shall comply with the standards adopted under this subchapter and shall develop written operating policies to implement those standards. (b) The policies ...
• Texas Health & Safety Code Section 242.501 - Resident's Rights
  (a) The department by rule shall adopt a statement of the rights of a resident. The statement must be consistent with Chapter 102, Human Resources ...
• Texas Health & Safety Code Section 242.502 - Rights Cumulative
  The rights established under this subchapter are cumulative of the rights established under any other law. Added by Acts 1997, 75th Leg., ch. 1159, § ...
• Texas Health & Safety Code Section 242.503 - Duties Of Institution
  (a) An institution shall develop and implement policies to protect resident rights. (b) An institution and the staff of an institution may not violate a ...
• Texas Health & Safety Code Section 242.504 - Information About Resident's Rights And Violations
  (a) An institution shall inform each resident and the resident's next of kin or guardian of the rights adopted under this subchapter and shall explain ...
• Texas Health & Safety Code Section 242.505 - Prescription Of Psychoactive Medication
  (a) In this section: (1) "Medication-related emergency" means a situation in which it is immediately necessary to administer medication to a resident to prevent: (A) ...
• Texas Health & Safety Code Section 242.551 - Complaint Requesting Inspection
  (a) A person may request an inspection of an institution in accordance with this chapter by making a complaint notifying the department of an alleged ...
• Texas Health & Safety Code Section 242.552 - Disclosure Of Substance Of Complaint
  The department may not provide information to the institution relating to the substance of a complaint made under this subchapter before an on-site inspection is ...
• Texas Health & Safety Code Section 242.553 - Confidentiality
  The name of the person making the complaint is confidential and may not be released to the institution or any other person, unless the person ...
• Texas Health & Safety Code Section 242.554 - Preliminary Review Of Complaint; Inspection
  (a) On receipt of a complaint under this subchapter, the department shall make a preliminary review of the complaint. (b) Within a reasonable time after ...
• Texas Health & Safety Code Section 242.601 - Medication Administration
  (a) An institution must establish medication administration procedures. (b) The medication administration procedures must comply with this subchapter and the rules adopted by the board ...
• Texas Health & Safety Code Section 242.602 - Pharmacist Services
  (a) An institution shall: (1) employ a licensed pharmacist responsible for operating the institution's pharmacy; or (2) contract, in writing, with a licensed pharmacist to ...
• Texas Health & Safety Code Section 242.603 - Storage And Disposal Of Medications
  (a) An institution shall store medications under appropriate conditions of sanitation, temperature, light, moisture, ventilation, segregation, and security. (b) The institution shall properly dispose of: ...
• Texas Health & Safety Code Section 242.604 - Reports Of Medication Errors And Adverse Reactions
  An institution's nursing staff must report medication errors and adverse reactions to the resident's physician in a timely manner, as warranted by an assessment of ...
• Texas Health & Safety Code Section 242.605 - Medication Reference Sources
  An institution shall maintain updated medication reference texts or sources. If the institution has a resident younger than 18 years of age, these texts or ...
• Texas Health & Safety Code Section 242.606 - Permits To Administer Medication
  A person may not administer medication to a resident unless the person: (1) holds a license under state law that authorizes the person to administer ...
• Texas Health & Safety Code Section 242.607 - Exemptions For Nursing Students And Medication Aide Trainees
  (a) Sections 242.606 and 242.614 do not apply to: (1) a graduate nurse holding a temporary permit issued by the Board of Nurse Examiners; (2) ...
• Texas Health & Safety Code Section 242.608 - Rules For Administration Of Medication
  The board by rule shall establish: (1) minimum requirements for the issuance, denial, renewal, suspension, emergency suspension, and revocation of a permit to administer medication ...
• Texas Health & Safety Code Section 242.609 - Training Programs To Administer Medication
  (a) An application for the approval of a training program must be made to the department on a form and under rules prescribed by the ...
• Texas Health & Safety Code Section 242.610 - Issuance And Renewal Of Permit To Administer Medication
  (a) To be issued or to have renewed a permit to administer medication, a person shall apply to the department on a form prescribed and ...
• Texas Health & Safety Code Section 242.6101 - Results Of Examination For Issuance Of Permit
  (a) Not later than the 30th day after the date a person takes an examination for the issuance of a permit under this subchapter, the ...
• Texas Health & Safety Code Section 242.611 - Fees For Issuance And Renewal Of Permit To Administer Medication
  The board shall set the fees in amounts reasonable and necessary to recover the amount projected by the department as required to administer its functions. ...
• Texas Health & Safety Code Section 242.612 - Violation Of Permits To Administer Medication
  (a) The board shall revoke, suspend, or refuse to renew a permit or shall reprimand a permit holder for a violation of this subchapter or ...
• Texas Health & Safety Code Section 242.613 - Emergency Suspension Of Permits To Administer Medication
  (a) The department shall issue an order to suspend a permit issued under this subchapter if the department has reasonable cause to believe that the ...
• Texas Health & Safety Code Section 242.614 - Administration Of Medication; Criminal Penalty
  (a) A person commits an offense if the person knowingly administers medication to a resident and the person: (1) does not hold a license under ...
• Texas Health & Safety Code Section 242.841 - Definitions
  In this subchapter: (1) "Authorized electronic monitoring" means the placement of an electronic monitoring device in the room of a resident of an institution and ...
• Texas Health & Safety Code Section 242.842 - Criminal And Civil Liability
  (a) It is a defense to prosecution under Section 16.02, Penal Code, or any other statute of this state under which it is an offense ...
• Texas Health & Safety Code Section 242.843 - Covert Use Of Electronic Monitoring Device; Liability Of Department Or Institution
  (a) For purposes of this subchapter, the placement and use of an electronic monitoring device in the room of a resident is considered to be ...
• Texas Health & Safety Code Section 242.844 - Required Form On Admission
  The department by rule shall prescribe a form that must be completed and signed on a resident's admission to an institution by or on behalf ...
• Texas Health & Safety Code Section 242.845 - Authorized Electronic Monitoring: Who May Request
  (a) If a resident has capacity to request electronic monitoring and has not been judicially declared to lack the required capacity, only the resident may ...
• Texas Health & Safety Code Section 242.846 - Authorized Electronic Monitoring: Form Of Request; Consent Of Other Residents In Room
  (a) A resident or the guardian or legal representative of a resident who wishes to conduct authorized electronic monitoring must make the request to the ...
• Texas Health & Safety Code Section 242.847 - Authorized Electronic Monitoring: General Provisions
  (a) An institution shall permit a resident or the resident's guardian or legal representative to monitor the room of the resident through the use of ...
• Texas Health & Safety Code Section 242.848 - Reporting Abuse And Neglect
  (a) For purposes of the duty to report abuse or neglect under Section 242.122 and the criminal penalty for the failure to report abuse or ...
• Texas Health & Safety Code Section 242.849 - Use Of Tape Or Recording By Agency Or Court
  (a) Subject to applicable rules of evidence and procedure and the requirements of this section, a tape or recording created through the use of covert ...
• Texas Health & Safety Code Section 242.850 - Notice At Entrance To Institution
  Each institution shall post a notice at the entrance to the institution stating that the rooms of some residents may be being monitored electronically by ...
• Texas Health & Safety Code Section 242.851 - Enforcement
  (a) The department may impose appropriate sanctions under this chapter on an administrator of an institution who knowingly: (1) refuses to permit a resident or ...
• Texas Health & Safety Code Section 242.852 - Criminal Offense
  (a) A person who intentionally hampers, obstructs, tampers with, or destroys an electronic monitoring device installed in a resident's room in accordance with this subchapter ...
• Texas Health & Safety Code Section 243.001 - Short Title
  This chapter may be cited as the Texas Ambulatory Surgical Center Licensing Act. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 243.002 - Definitions
  In this chapter: (1) "Ambulatory surgical center" means a facility that operates primarily to provide surgical services to patients who do not require overnight hospital ...
• Texas Health & Safety Code Section 243.003 - License Required
  (a) Except as provided by Section 243.004, a person may not establish or operate an ambulatory surgical center in this state without a license issued ...
• Texas Health & Safety Code Section 243.004 - Exemptions From Licensing Requirement
  The following facilities need not be licensed under this chapter: (1) an office or clinic of a licensed physician, dentist, or podiatrist; (2) a licensed ...
• Texas Health & Safety Code Section 243.005 - License Application And Issuance
  (a) An applicant for an ambulatory surgical center license must submit an application to the department on a form prescribed by the department. (b) Each ...
• Texas Health & Safety Code Section 243.006 - Inspections
  (a) The department may inspect an ambulatory surgical center at reasonable times as necessary to assure compliance with this chapter. (b) An ambulatory surgical center ...
• Texas Health & Safety Code Section 243.007 - Fees
  The board shall set fees imposed by this chapter in amounts reasonable and necessary to defray the cost of administering this chapter. Acts 1989, 71st ...
• Texas Health & Safety Code Section 243.008 - Ambulatory Surgical Center Licensing Fund
  All fees collected under this chapter shall be deposited in the state treasury to the credit of the ambulatory surgical center licensing fund and may ...
• Texas Health & Safety Code Section 243.009 - Adoption Of Rules
  The board shall adopt rules necessary to implement this chapter, including requirements for the issuance, renewal, denial, suspension, and revocation of a license to operate ...
• Texas Health & Safety Code Section 243.010 - Minimum Standards
  (a) The rules must contain minimum standards applicable to an ambulatory surgical center and for: (1) the construction and design, including plumbing, heating, lighting, ventilation, ...
• Texas Health & Safety Code Section 243.011 - Denial, Suspension, Probation, Or Revocation Of License
  (a) The department may deny, suspend, or revoke a license for a violation of this chapter or a rule adopted under this chapter. (b) The ...
• Texas Health & Safety Code Section 243.0115 - Emergency Suspension
  The department may issue an emergency order to suspend a license issued under this chapter if the department has reasonable cause to believe that the ...
• Texas Health & Safety Code Section 243.012 - Injunction
  (a) The department may petition a district court for a temporary restraining order to restrain a continuing violation of the standards or licensing requirements provided ...
• Texas Health & Safety Code Section 243.013 - Criminal Penalty
  (a) A person commits an offense if the person violates Section 243.003(a). (b) An offense under this section is a Class C misdemeanor. (c) Each ...
• Texas Health & Safety Code Section 243.014 - Civil Penalty
  (a) A person who violates this chapter or who fails to comply with a rule adopted under this chapter is liable for a civil penalty ...
• Texas Health & Safety Code Section 243.015 - Imposition Of Administrative Penalty
  (a) The department may impose an administrative penalty on a person licensed under this chapter who violates this chapter or a rule or order adopted ...
• Texas Health & Safety Code Section 243.016 - Payment And Collection Of Administrative Penalty; Judicial Review
  (a) Within 30 days after the date an order of the commissioner of public health under Section 243.015(k) that imposes an administrative penalty becomes final, ...
• Texas Health & Safety Code Section 243.051 - Duties Of Department
  The department shall develop a patient safety program for ambulatory surgical centers. The program must: (1) be administered by the ambulatory surgical center licensing program ...
• Texas Health & Safety Code Section 243.052 - Annual Report
  (a) On renewal of a license under this chapter, an ambulatory surgical center shall submit to the department an annual report that lists the number ...
• Texas Health & Safety Code Section 243.053 - Root Cause Analysis And Action Plan
  (a) In this section, "root cause analysis" means the process that identifies basic or causal factors underlying a variation in performance leading to an event ...
• Texas Health & Safety Code Section 243.054 - Confidentiality; Absolute Privilege
  (a) Except as provided by Sections 243.055 and 243.056, all information and materials obtained or compiled by the department under this subchapter or compiled by ...
• Texas Health & Safety Code Section 243.055 - Annual Department Summary
  The department annually shall compile and make available to the public a summary of the events reported by ambulatory surgical centers as required by Section ...
• Texas Health & Safety Code Section 243.056 - Best Practices Report And Department Summary
  (a) An ambulatory surgical center shall provide to the department at least one report of best practices and safety measures related to a reported event. ...
• Texas Health & Safety Code Section 243.057 - Prohibition
  The annual report of an ambulatory surgical center, the department summary, or the best practices report may not distinguish between an event that occurred at ...
• Texas Health & Safety Code Section 243.058 - Report To Legislature
  (a) Not later than December 1, 2006, the commissioner of public health shall: (1) evaluate the patient safety program established under this subchapter; and (2) ...
• Texas Health & Safety Code Section 243.059 - Gifts, Grants, And Donations
  The department may accept and administer a gift, grant, or donation from any source to carry out the purposes of this subchapter. Added by Acts ...
• Texas Health & Safety Code Section 243.060 - Expiration
  Unless continued in existence, this subchapter expires September 1, 2007. Added by Acts 2003, 78th Leg., ch. 569, § 4, eff. June 20, 2003. ...
• Texas Health & Safety Code Section 244.001 - Short Title
  This chapter may be cited as the Texas Birthing Center Licensing Act. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 244.002 - Definitions
  In this chapter: (1) "Birthing center" means a place, facility, or institution at which a woman is scheduled to give birth following a normal, uncomplicated ...
• Texas Health & Safety Code Section 244.003 - License Required
  (a) Except as provided by Section 244.004, a person may not establish or operate a birthing center in this state without an appropriate license issued ...
• Texas Health & Safety Code Section 244.004 - Exemptions From Licensing Requirement
  The following facilities need not be licensed under this chapter: (1) a licensed hospital; (2) a licensed nursing home; or (3) a licensed ambulatory surgical ...
• Texas Health & Safety Code Section 244.005 - License Application And Issuance
  (a) An applicant for a birthing center license must submit an application to the department on a form prescribed by the department. (b) Each application ...
• Texas Health & Safety Code Section 244.006 - Inspections
  (a) The department may inspect a birthing center at reasonable times as necessary to assure compliance with this chapter. (b) If a birthing center's failure ...
• Texas Health & Safety Code Section 244.007 - Fees
  The board shall set fees imposed by this chapter in amounts reasonable and necessary to defray the cost of administering this chapter. Acts 1989, 71st ...
• Texas Health & Safety Code Section 244.008 - Birthing Center Licensing Fund
  All fees collected under this chapter shall be deposited in the state treasury to the credit of the birthing center licensing fund and may be ...
• Texas Health & Safety Code Section 244.009 - Adoption Of Rules
  (a) The board shall adopt rules necessary to implement this chapter. (b) The board shall adopt rules that establish different levels of licenses to operate ...
• Texas Health & Safety Code Section 244.010 - Minimum Standards
  (a) For each level of license of a birthing center, the rules must contain minimum standards for: (1) the qualifications for professional and nonprofessional personnel; ...
• Texas Health & Safety Code Section 244.0105 - Complaints
  A person may file a complaint with the department against a birthing center licensed under this chapter. A person who files a false complaint may ...
• Texas Health & Safety Code Section 244.011 - Denial, Suspension, Probation, Or Revocation Of License
  (a) The department may deny, suspend, or revoke a license for: (1) a violation of this chapter or a rule adopted under this chapter; or ...
• Texas Health & Safety Code Section 244.0115 - Emergency Suspension
  The department may issue an emergency order to suspend a license issued under this chapter if the department has reasonable cause to believe that the ...
• Texas Health & Safety Code Section 244.012 - Injunction
  (a) The department may petition a district court for a temporary restraining order to restrain a continuing violation of the standards or licensing requirements provided ...
• Texas Health & Safety Code Section 244.013 - Criminal Penalty
  (a) A person commits an offense if the person violates Section 244.003(a). (b) An offense under this section is a Class C misdemeanor. (c) Each ...
• Texas Health & Safety Code Section 244.014 - Civil Penalty
  (a) A person who violates this chapter or who fails to comply with a rule adopted under this chapter is liable for a civil penalty ...
• Texas Health & Safety Code Section 244.015 - Imposition Of Administrative Penalty
  (a) The department may impose an administrative penalty on a person licensed under this chapter who violates this chapter or a rule or order adopted ...
• Texas Health & Safety Code Section 244.016 - Payment And Collection Of Administrative Penalty; Judicial Review
  (a) Within 30 days after the date an order of the commissioner of public health under Section 244.015(k) that imposes an administrative penalty becomes final, ...
• Texas Health & Safety Code Section 245.001 - Short Title
  This chapter may be cited as the Texas Abortion Facility Reporting and Licensing Act. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, ...
• Texas Health & Safety Code Section 245.002 - Definitions
  In this chapter: (1) "Abortion" means an act or procedure performed after pregnancy has been medically verified and with the intent to cause the termination ...
• Texas Health & Safety Code Section 245.003 - License Required
  (a) Except as provided by Section 245.004, a person may not establish or operate an abortion facility in this state without an appropriate license issued ...
• Texas Health & Safety Code Section 245.004 - Exemptions From Licensing Requirement
  Text of section as amended by Acts 2003, 78th Leg., Ch. 198, § 2.63 (a). (a) The following facilities need not be licensed under ...
• Texas Health & Safety Code Section 245.004 - Exemptions From Licensing Requirement
  Text of section as amended by Acts 2003, 78th Leg., Ch. 999, § 2. (a) The following facilities need not be licensed under this ...
• Texas Health & Safety Code Section 245.005 - License Application And Issuance
  (a) An applicant for an abortion facility license must submit an application to the department on a form prescribed by the department. (b) Each application ...
• Texas Health & Safety Code Section 245.006 - Inspections
  (a) The department may inspect an abortion facility at reasonable times as necessary to ensure compliance with this chapter. (b) The department shall inspect an ...
• Texas Health & Safety Code Section 245.007 - Fees
  The board shall set fees imposed by this chapter in amounts reasonable and necessary to defray the cost of administering this chapter and Chapter 171. ...
• Texas Health & Safety Code Section 245.008 - Abortion Facility Licensing Fund
  All fees collected under this chapter shall be deposited in the state treasury to the credit of the abortion facility licensing fund and may be ...
• Texas Health & Safety Code Section 245.009 - Adoption Of Rules
  The board shall adopt rules necessary to implement this chapter, including requirements for the issuance, renewal, denial, suspension, and revocation of a license to operate ...
• Texas Health & Safety Code Section 245.010 - Minimum Standards
  (a) The rules must contain minimum standards to protect the health and safety of a patient of an abortion facility and must contain provisions requiring ...
• Texas Health & Safety Code Section 245.0105 - Unique Identifying Number; Disclosure In Advertisement
  (a) The department shall assign to each abortion facility a unique license number that may not change during the period the facility is operating in ...
• Texas Health & Safety Code Section 245.011 - Reporting Requirements; Criminal Penalty
  (a) Each abortion facility must submit an annual report to the department on each abortion that is performed at the abortion facility. The report must ...
• Texas Health & Safety Code Section 245.012 - Denial, Suspension, Probation, Or Revocation Of License
  (a) The department may deny, suspend, or revoke a license for a violation of this chapter or a rule adopted under this chapter. (b) The ...
• Texas Health & Safety Code Section 245.013 - Injunction
  (a) The department may petition a district court for a temporary restraining order to restrain a continuing violation of the standards or licensing requirements provided ...
• Texas Health & Safety Code Section 245.014 - Criminal Penalty
  (a) A person commits an offense if the person violates Section 245.003(a). (b) An offense under this section is a Class A misdemeanor. (c) Each ...
• Texas Health & Safety Code Section 245.015 - Civil Penalty
  (a) A person who knowingly violates this chapter or who knowingly fails to comply with a rule adopted under this chapter is liable for a ...
• Texas Health & Safety Code Section 245.016 - Abortion In Unlicensed Abortion Facility To Prevent Death Or Serious Impairment
  This chapter does not remove the responsibility or limit the ability of a physician to perform an abortion in an unlicensed abortion facility if, at ...
• Texas Health & Safety Code Section 245.017 - Administrative Penalty
  (a) The department may assess an administrative penalty against a person who violates this chapter or a rule adopted under this chapter. (b) The penalty ...
• Texas Health & Safety Code Section 245.018 - Report Recommending Administrative Penalty
  (a) If, after investigation of a possible violation and the facts surrounding that possible violation, the department determines that a violation has occurred, the department ...
• Texas Health & Safety Code Section 245.019 - Hearing; Order
  (a) If the person requests a hearing, the commissioner of public health or the commissioner's designee shall: (1) set a hearing; (2) give written notice ...
• Texas Health & Safety Code Section 245.020 - Notice And Payment Of Administrative Penalty; Judicial Review; Refund
  (a) The commissioner of public health or the commissioner's designee shall give notice of the commissioner's order under Section 245.019(c) to the person alleged to ...
• Texas Health & Safety Code Section 245.021 - Penalty Deposited To State Treasury
  A civil or administrative penalty collected under this chapter shall be deposited in the state treasury to the credit of the general revenue fund. Added ...
• Texas Health & Safety Code Section 245.022 - Recovery Of Costs
  (a) The department may assess reasonable expenses and costs against a person in an administrative hearing if, as a result of the hearing, the person's ...
• Texas Health & Safety Code Section 245.023 - Public Information; Toll-Free Telephone Number
  (a) The department on request shall make the following information available to the public: (1) the status of the license of any abortion facility; (2) ...
• Texas Health & Safety Code Section 246.001 - Short Title
  This chapter may be cited as the Texas Continuing Care Facility Disclosure and Rehabilitation Act. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. ...
• Texas Health & Safety Code Section 246.002 - Definitions
  In this chapter: (1) "Board" means the State Board of Insurance. (2) "Commissioner" means the commissioner of the State Board of Insurance. (3) "Continuing care" ...
• Texas Health & Safety Code Section 246.003 - Board Powers And Duties
  (a) The board shall regulate providers as provided by this chapter. (b) The board may adopt rules and take other action as necessary to administer ...
• Texas Health & Safety Code Section 246.004 - Rights Of Residents
  A resident receiving care in a portion of a facility licensed to provide nursing home care, personal care, or custodial care is entitled to all ...
• Texas Health & Safety Code Section 246.005 - Licensing For Certain Tax Purposes
  A facility regulated under this chapter is licensed for purposes of Section 151.314, Tax Code. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. ...
• Texas Health & Safety Code Section 246.006 - Quality Of Care
  The commissioner may not regulate or in any manner inquire into the quality of care provided in a facility. Acts 1989, 71st Leg., ch. 678, ...
• Texas Health & Safety Code Section 246.007 - Reduction Of Fees
  The commissioner shall reduce the annual filing fees under this chapter if the cumulative amount of the fees exceeds the actual cost of regulation. Acts ...
• Texas Health & Safety Code Section 246.021 - Certificate Of Authority Required
  Unless a provider holds a certificate of authority issued under this subchapter, the provider may not: (1) acquire a facility; (2) enter into a continuing ...
• Texas Health & Safety Code Section 246.022 - Application For And Issuance Of Certificate Of Authority
  (a) The commissioner shall adopt rules stating the information an applicant for a certificate of authority must submit. (b) On receiving an application for a ...
• Texas Health & Safety Code Section 246.023 - Mandatory Issuance Of Certificate Of Authority To Certain Facilities
  (a) The commissioner shall issue a certificate of authority for a facility that: (1) was occupied by at least one resident on September 1, 1987; ...
• Texas Health & Safety Code Section 246.024 - Transfer Of Certificate Of Authority
  A certificate of authority may not be transferred without the prior approval of the commissioner. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. ...
• Texas Health & Safety Code Section 246.025 - Suspension Or Revocation Of Certificate Of Authority
  The commissioner may suspend or revoke a provider's certificate of authority if the provider: (1) draws on its entrance fee escrow in an amount greater ...
• Texas Health & Safety Code Section 246.026 - Management By Others
  A holder of a certificate of authority may not contract for management of the facility unless the commissioner is notified of the contract. Acts 1989, ...
• Texas Health & Safety Code Section 246.027 - Certificate Of Authority Fees
  (a) Except as provided by Subsection (b), a facility that files an application for a certificate of authority must pay to the commissioner a fee ...
• Texas Health & Safety Code Section 246.041 - Precontractual Recording Requirements
  (a) A provider shall file with the board a current disclosure statement that meets the requirements of this subchapter and shall file copies of the ...
• Texas Health & Safety Code Section 246.042 - Delivery Of Disclosure Statement
  (a) A provider who has not been issued a certificate of authority under Subchapter B must deliver a disclosure statement to any person from whom ...
• Texas Health & Safety Code Section 246.043 - Cover Page Of Disclosure Statement
  The cover page of a disclosure statement must state: (1) the date of the statement in a prominent location and in type that is boldfaced, ...
• Texas Health & Safety Code Section 246.044 - Contents Of Disclosure Statement: Provider
  (a) The disclosure statement must include the name and business address of the provider and a statement of whether the provider is a partnership, corporation, ...
• Texas Health & Safety Code Section 246.045 - Contents Of Disclosure Statement: Third Party Management
  If a person, other than an individual directly employed by the provider, is to be the day-to-day manager of a facility, the disclosure statement must ...
• Texas Health & Safety Code Section 246.046 - Contents Of Disclosure Statement: Affiliation With Nonprofit Organization
  The disclosure statement must state whether the provider is affiliated with a religious, charitable, or other nonprofit organization, and if so, the statement must: (1) ...
• Texas Health & Safety Code Section 246.047 - Contents Of Disclosure Statement: Physical Property
  (a) The disclosure statement must provide the location and a description of the proposed or existing physical property of the facility. (b) If the physical ...
• Texas Health & Safety Code Section 246.048 - Contents Of Disclosure Statement: Contracts And Fees
  The disclosure statement must describe: (1) the services provided at the facility under a continuing care contract, including: (A) the extent to which medical care ...
• Texas Health & Safety Code Section 246.049 - Contents Of Disclosure Statement: Change Of Circumstances
  The disclosure statement must state: (1) the policy of the facility regarding changes in the number of people residing in a living unit because of ...
• Texas Health & Safety Code Section 246.050 - Contents Of Disclosure Statement: Financial Information
  (a) The disclosure statement must: (1) describe any provisions made or to be made to provide reserve funding or security to enable the provider to ...
• Texas Health & Safety Code Section 246.051 - Contents Of Disclosure Statement: Annual Income Statements
  The disclosure statement must contain estimated annual income statements for the facility for at least five fiscal years, including: (1) anticipated earning on any cash ...
• Texas Health & Safety Code Section 246.052 - Contents Of Disclosure Statement: Anticipated Source And Application Of Funds
  If a facility has not begun operation, the disclosure statement must include a statement of the anticipated source and application of the funds to be ...
• Texas Health & Safety Code Section 246.053 - Standard Contract Form
  (a) A copy of the standard contract form used by a provider must be attached as an exhibit to each disclosure statement. (b) The standard ...
• Texas Health & Safety Code Section 246.054 - Annual Disclosure Statement Revision
  (a) A provider shall file a revised disclosure statement with the board not later than the 120th day after the date on which the provider's ...
• Texas Health & Safety Code Section 246.055 - Advertisement In Conflict With Disclosures
  A provider may not engage in any type of advertisement for a continuing care contract or facility if the advertisement contains a statement or representation ...
• Texas Health & Safety Code Section 246.056 - Rescission Of Contract; Required Language
  (a) A person who executes a continuing care contract with a provider may rescind the contract at any time before the later of midnight of ...
• Texas Health & Safety Code Section 246.057 - Cancellation Of Contract: Death Or Incapacity Before Occupancy
  (a) A continuing care contract is canceled if the resident: (1) dies before occupying a living unit in the facility; or (2) is precluded under ...
• Texas Health & Safety Code Section 246.058 - Disclosure Statement Fees
  A facility that files a disclosure statement under Section 246.041 or 246.054 shall pay to the commissioner: (1) a filing fee of $500; and (2) ...
• Texas Health & Safety Code Section 246.071 - Entrance Fee Escrow Account; Escrow Agent
  (a) Before a provider may accept the payment of a deposit made under a reservation agreement or any portion of an entrance fee, the provider ...
• Texas Health & Safety Code Section 246.072 - Return Of Deposits; Release Or Return Of Entrance Fee
  (a) On a written request from or on behalf of the provider or a prospective resident, the escrow agent shall return the amount on deposit ...
• Texas Health & Safety Code Section 246.073 - Release To The Provider
  (a) Except as provided by Subsection (b), an escrow agent shall release an entrance fee to the provider if: (1) a minimum of 50 percent ...
• Texas Health & Safety Code Section 246.074 - Return Of Entrance Fee
  The escrow agent shall return an entrance fee to the person who paid it if the fee is not released to the provider or placed ...
• Texas Health & Safety Code Section 246.075 - Escrow Of Application Fee Not Required
  This subchapter does not require the escrow of any nonrefundable portion of a deposit or entrance fee that: (1) does not exceed an amount equal ...
• Texas Health & Safety Code Section 246.076 - Interest Accrued On Entrance Fee Funds
  Unless otherwise provided in a continuing care contract, interest that accrues on funds held in an entrance fee escrow account is the property of the ...
• Texas Health & Safety Code Section 246.077 - Reserve Fund Escrow
  (a) When a facility is first occupied by a resident, the provider shall establish and maintain in an escrow account with a bank or trust ...
• Texas Health & Safety Code Section 246.078 - Release Of Reserve Fund Escrow
  (a) The escrow agent may release an amount equal to not more than one-twelfth of the loan reserve fund required by Section 246.077 if the ...
• Texas Health & Safety Code Section 246.079 - Transition
  (a) A provider who operates a facility that existed on September 1, 1987, must comply with the filing requirements imposed under Section 246.041 and the ...
• Texas Health & Safety Code Section 246.080 - Applicability
  Sections 246.071 through 246.076 do not apply to a facility that on September 1, 1987, was completed and occupied by at least one person. Added ...
• Texas Health & Safety Code Section 246.091 - Supervision By Commissioner
  (a) The commissioner may place a provider or facility under supervision if: (1) the provider draws on the provider's entrance fee escrow in an amount ...
• Texas Health & Safety Code Section 246.092 - Application For Court Order For Rehabilitation Or Liquidation
  (a) The commissioner shall request the attorney general to apply to a district court of this state, or to the federal bankruptcy court that has ...
• Texas Health & Safety Code Section 246.093 - Order To Rehabilitate
  An order to rehabilitate a facility must direct the trustee to: (1) take possession of the provider's property in order to conduct the business, including ...
• Texas Health & Safety Code Section 246.094 - Order To Liquidate
  (a) If the trustee determines that further efforts to rehabilitate the provider would be impractical or useless, the trustee may apply to the court that ...
• Texas Health & Safety Code Section 246.095 - Bond
  A court may refuse to make or may vacate an order to rehabilitate under this subchapter if the provider posts a bond that is: (1) ...
• Texas Health & Safety Code Section 246.096 - Termination Of Rehabilitation
  (a) A court may terminate a rehabilitation and order return of a facility and its assets and affairs to the management of the provider if ...
• Texas Health & Safety Code Section 246.097 - Payment Of Trustee
  The reasonable costs, expenses, and fees of the trustee are payable from the assets of the facility. Acts 1989, 71st Leg., ch. 678, § 1, ...
• Texas Health & Safety Code Section 246.111 - Lien
  (a) To secure the obligations of the provider under any continuing care contract, a lien attaches on the date a resident first occupies a facility. ...
• Texas Health & Safety Code Section 246.112 - Investigations
  The commissioner may conduct an examination or investigation as necessary to: (1) determine whether a person has violated or is about to violate this chapter; ...
• Texas Health & Safety Code Section 246.113 - Production Of Evidence
  (a) In an investigation or proceeding under this chapter, the board may: (1) require or allow a person to file a written statement regarding any ...
• Texas Health & Safety Code Section 246.114 - Actuarial Review
  (a) This section applies only to a facility whose contracts offer future guarantees of long-term nursing care that develop current actuarial liabilities. (b) A facility ...
• Texas Health & Safety Code Section 246.115 - Cease And Desist Orders; Injunctions
  (a) The board may request that the attorney general bring an action to prohibit a person from engaging in an act or practice and to ...
• Texas Health & Safety Code Section 246.116 - Criminal Penalty
  (a) A person commits an offense if the person intentionally violates this chapter. (b) An offense under this section is a Class A misdemeanor. Acts ...
• Texas Health & Safety Code Section 246.117 - Civil Liability
  (a) A provider who makes a continuing care contract without complying with the disclosure statement requirement under Subchapter C, or who makes a continuing care ...
• Texas Health & Safety Code Section 247.001 - Short Title
  This chapter may be cited as the Assisted Living Facility Licensing Act. Added by Acts 1991, 72nd Leg., ch. 14, § 114, eff. Sept. 1, ...
• Texas Health & Safety Code Section 247.0011 - Scope, Purpose, And Implementation
  (a) The purpose of this chapter is to ensure that assisted living facilities in this state deliver the highest possible quality of care. This chapter ...
• Texas Health & Safety Code Section 247.002 - Definitions
  In this chapter: (1) "Assisted living facility" means an establishment that: (A) furnishes, in one or more facilities, food and shelter to four or more ...
• Texas Health & Safety Code Section 247.0025 - Immediate Threat Of Harm
  For purposes of this chapter, there is considered to be an immediate threat to the health or safety of a resident, or a situation is ...
• Texas Health & Safety Code Section 247.003 - Application Of Other Law
  (a) Except as provided by Subsections (b) and (c), Chapter 242 does not apply to an assisted living facility licensed under this chapter. (b) Subchapter ...
• Texas Health & Safety Code Section 247.004 - Exemptions
  This chapter does not apply to: (1) a boarding facility that has rooms for rent and that may offer community meals, light housework, meal preparation, ...
• Texas Health & Safety Code Section 247.005 - Controlling Person
  (a) A person is a controlling person if the person, acting alone or with others, has the ability to directly or indirectly influence, direct, or ...
• Texas Health & Safety Code Section 247.006 - Advisory Committee
  (a) The Advisory Committee on Assisted Living Facilities consists of nine members appointed by the board. The commissioner of human services shall appoint two staff ...
• Texas Health & Safety Code Section 247.021 - License Required
  (a) A person may not establish or operate an assisted living facility without a license issued under this chapter. (b) A person establishing or operating ...
• Texas Health & Safety Code Section 247.022 - License Application
  (a) An applicant for an assisted living facility license must submit an application to the department on a form prescribed by the department. (b) Each ...
• Texas Health & Safety Code Section 247.023 - Issuance And Renewal Of License
  (a) The department shall issue a license if, after inspection and investigation, it finds that the applicant, the assisted living facility, and all controlling persons ...
• Texas Health & Safety Code Section 247.0231 - Compliance Record In Other States
  The department may require an applicant or license holder to provide the department with information relating to compliance by the applicant, the license holder, or ...
• Texas Health & Safety Code Section 247.024 - Fees; Disposition Of Revenue
  (a) The board shall set license fees imposed by this chapter: (1) on the basis of the number of beds in assisted living facilities required ...
• Texas Health & Safety Code Section 247.025 - Adoption Of Rules
  The board shall adopt rules necessary to implement this chapter, including requirements for the issuance, renewal, denial, suspension, and revocation of a license to operate ...
• Texas Health & Safety Code Section 247.0255 - Restraint And Seclusion
  A person providing services to a resident of an assisted living facility shall comply with Chapter 322 and the rules adopted under that chapter. Added ...
• Texas Health & Safety Code Section 247.026 - Standards
  (a) The board by rule shall prescribe minimum standards to protect the health and safety of an assisted living facility resident. (b) The standards must: ...
• Texas Health & Safety Code Section 247.0261 - Early Compliance Review
  (a) The department by rule shall adopt a procedure under which a person proposing to construct or modify an assisted living facility may submit building ...
• Texas Health & Safety Code Section 247.027 - Inspections
  (a) In addition to the inspection required under Section 247.023(a), the department may inspect an assisted living facility annually and may inspect a facility at ...
• Texas Health & Safety Code Section 247.0271 - Inspection Exit Conference
  (a) At the conclusion of an inspection under Section 247.023(a) or Section 247.027, the inspector shall perform an exit conference to advise the assisted living ...
• Texas Health & Safety Code Section 247.0272 - Inspector Training; Required Examination
  (a) The department shall develop and implement a training program to provide specialized training to department employees who inspect assisted living facilities under this chapter. ...
• Texas Health & Safety Code Section 247.028 - Assistance By Department
  The department may provide assistance to an assisted living facility, including the provision of training materials, the coordination of training conferences and workshops with other ...
• Texas Health & Safety Code Section 247.029 - Facilities For Persons With Alzheimer's Disease
  (a) The board by rule shall establish a classification and license for a facility that advertises, markets, or otherwise promotes that the facility provides personal ...
• Texas Health & Safety Code Section 247.030 - Facilities For Supervision Of Medication And General Welfare
  (a) The board by rule shall establish a classification and license for a facility that: (1) provides only medication supervision, in accordance with Section 247.002(5)(B), ...
• Texas Health & Safety Code Section 247.031 - Municipal Enforcement
  The governing body of a municipality by ordinance may: (1) prohibit a person who does not hold a license issued under this chapter from establishing ...
• Texas Health & Safety Code Section 247.032 - Accreditation Survey To Satisfy Inspection Requirements
  Text of section as added by Acts 2005, 79th Leg., ch. 579, § 1, eff. Jan. 1, 2006, and Acts 2005, 79th Leg., ch. ...
• Texas Health & Safety Code Section 247.032 - Feasibility Of Registering Small Facilities
  Text of section as added by Acts 2005, 79th Leg., ch. 1206, § 1 Text of section effective until January 1, 2007 (a) The ...
• Texas Health & Safety Code Section 247.041 - Denial, Suspension, Or Revocation Of License
  (a) The department, after providing notice and opportunity for a hearing to the applicant or license holder, may deny, suspend, or revoke a license if ...
• Texas Health & Safety Code Section 247.042 - Emergency Suspension Or Closing Order
  (a) If the department finds an assisted living facility operating in violation of the standards prescribed by this chapter and the violations create an immediate ...
• Texas Health & Safety Code Section 247.043 - Investigation Of Abuse, Exploitation, Or Neglect
  (a) The department shall conduct a preliminary investigation of each allegation of abuse, exploitation, or neglect of a resident of an assisted living facility to ...
• Texas Health & Safety Code Section 247.044 - Injunction
  (a) The department may petition a district court for a temporary restraining order to restrain a continuing violation of the standards or licensing requirements provided ...
• Texas Health & Safety Code Section 247.045 - Civil Penalties
  (a) Except as provided by Subsections (b) and (c), a person who violates this chapter or who fails to comply with a rule adopted under ...
• Texas Health & Safety Code Section 247.0451 - Administrative Penalty
  (a) The department may assess an administrative penalty against a person who: (1) violates this chapter or a rule, standard, or order adopted under this ...
• Texas Health & Safety Code Section 247.0452 - Right To Correct
  (a) The department may not collect an administrative penalty from an assisted living facility under Section 247.0451 if, not later than the 45th day after ...
• Texas Health & Safety Code Section 247.0453 - Report Recommending Administrative Penalty
  (a) The department shall issue a preliminary report stating the facts on which the department concludes that a violation of this chapter or a rule, ...
• Texas Health & Safety Code Section 247.0454 - Hearing On Administrative Penalty
  (a) An administrative law judge shall order a hearing and give notice of the hearing if a person charged with a violation under Section 247.0451 ...
• Texas Health & Safety Code Section 247.0455 - Notice And Payment Of Administrative Penalty; Interest; Refund
  (a) The commissioner or the commissioner's designee shall give notice of the findings made under Section 247.0454(d) to the person charged. If the commissioner or ...
• Texas Health & Safety Code Section 247.0456 - Application Of Other Law
  The department may not assess a monetary penalty under this chapter and a monetary penalty under Chapter 32, Human Resources Code, for the same act ...
• Texas Health & Safety Code Section 247.0457 - Amelioration Of Violation
  (a) In lieu of demanding payment of an administrative penalty assessed under Section 247.0451, the commissioner in accordance with this section may allow the person ...
• Texas Health & Safety Code Section 247.0458 - Use Of Administrative Penalty
  Money from an administrative penalty collected under this subchapter may be appropriated for the purpose of funding the grant program established under Section 161.074, Human ...
• Texas Health & Safety Code Section 247.0459 - Violation Of Law Relating To Advance Directives
  (a) The department shall assess an administrative penalty against an assisted living facility that violates Section 166.004. (b) A penalty assessed under this section shall ...
• Texas Health & Safety Code Section 247.046 - Cooperation Among Agencies
  The board, the Department of Protective and Regulatory Services, and the attorney general shall adopt by rule a memorandum of understanding that: (1) defines each ...
• Texas Health & Safety Code Section 247.047 - Transition
  The department shall grant to a personal care facility licensed on or before December 31, 1990, under Chapter 242 a temporary permit to continue operation ...
• Texas Health & Safety Code Section 247.048 - Regional Training For Agencies And Local Governments
  The department periodically shall conduct regional training programs for representatives of local governments and appropriate state agencies relating to assisted living facility concerns. The training ...
• Texas Health & Safety Code Section 247.049 - Use Of Regulatory Reports And Documents
  (a) Except as otherwise provided by this section, a report or other document prepared by the department that relates to regulation of an assisted living ...
• Texas Health & Safety Code Section 247.050 - Monitoring Of Unlicensed Facilities; Reporting
  (a) The board shall adopt procedures to monitor the status of unlicensed assisted living facilities. As part of these procedures, the department shall: (1) maintain ...
• Texas Health & Safety Code Section 247.051 - Informal Dispute Resolution
  (a) The Health and Human Services Commission by rule shall establish an informal dispute resolution process in accordance with this section. The process must provide ...
• Texas Health & Safety Code Section 247.061 - Coordination Between Agencies
  (a) The department and the attorney general shall adopt by rule a memorandum of understanding that: (1) defines each agency's responsibilities concerning assisted living facilities; ...
• Texas Health & Safety Code Section 247.062 - Directory Of Assisted Living Facilities; Consumers' Guide
  (a) The department shall prepare a directory of assisted living facilities that includes the name of the owner, the address and telephone number of the ...
• Texas Health & Safety Code Section 247.063 - Referrals
  (a) If the Texas Department of Mental Health and Mental Retardation or a local mental health or mental retardation authority refers a patient or client ...
• Texas Health & Safety Code Section 247.0631 - Access
  An employee of the Texas Department of Mental Health and Mental Retardation or an employee of a local mental health and mental retardation authority may ...
• Texas Health & Safety Code Section 247.064 - Residents' Bill Of Rights
  (a) Each assisted living facility shall post a residents' bill of rights in a prominent place in the facility. (b) The residents' bill of rights ...
• Texas Health & Safety Code Section 247.065 - Providers' Bill Of Rights
  (a) Each assisted living facility shall post a providers' bill of rights in a prominent place in the facility. (b) The providers' bill of rights ...
• Texas Health & Safety Code Section 247.066 - Appropriate Placement Determination
  (a) The department may not require the removal and relocation of a resident of an assisted living facility if the resident's presence in the facility ...
• Texas Health & Safety Code Section 247.067 - Health Care Professionals
  (a) In this section, "health care professional" means an individual licensed, certified, or otherwise authorized to administer health care, for profit or otherwise, in the ...
• Texas Health & Safety Code Section 247.068 - Retaliation Prohibited
  (a) A person licensed under this chapter may not retaliate against a person for filing a complaint, presenting a grievance, or providing in good faith ...
• Texas Health & Safety Code Section 247.069 - Consumer Choice For Assisted Living In Community Care Programs
  The community based alternatives program and the residential care programs, which provide an assisted living option to consumers, shall provide a consumer the opportunity to ...
• Texas Health & Safety Code Section 248.001 - Short Title
  This chapter may be cited as the Texas Special Care Facility Licensing Act. Added by Acts 1991, 72nd Leg., ch. 14, § 115, eff. Sept. ...
• Texas Health & Safety Code Section 248.002 - Definitions
  In this chapter: (1) "Board" means the Texas Board of Health. (2) "Department" means the Texas Department of Health. (3) "Medical care" means care that ...
• Texas Health & Safety Code Section 248.003 - Exemptions
  This chapter does not apply to: (1) a home and community support services agency required to be licensed under Chapter 142; (2) a person required ...
• Texas Health & Safety Code Section 248.021 - License Required
  A person may not establish or operate a special care facility unless the person holds a license issued under this chapter. Added by Acts 1991, ...
• Texas Health & Safety Code Section 248.022 - Application
  (a) An applicant for a license must submit an application to the department on a form prescribed by the department and in accordance with board ...
• Texas Health & Safety Code Section 248.023 - Issuance And Renewal Of License
  (a) The department shall issue a license to an applicant if on inspection and investigation it finds that the applicant meets the requirements of this ...
• Texas Health & Safety Code Section 248.024 - Fees
  (a) The board shall establish a license application fee in the amount of $25 for each facility bed or $200, whichever is greater, but the ...
• Texas Health & Safety Code Section 248.025 - Nontransferability; Posting
  (a) A license issued under this chapter is not transferable or assignable. (b) A special care facility shall post in plain sight the license issued ...
• Texas Health & Safety Code Section 248.026 - Duties Of Board
  (a) The board shall adopt rules necessary to implement this chapter. The rules must establish minimum standards for special care facilities relating to: (1) the ...
• Texas Health & Safety Code Section 248.027 - Construction Standards
  (a) If there are no local regulations in effect or enforced in the area in which a special care facility is located, the facility's construction ...
• Texas Health & Safety Code Section 248.028 - Inspections; Investigations
  (a) The department may inspect a special care facility and its records at reasonable times as necessary to ensure compliance with this chapter. (b) The ...
• Texas Health & Safety Code Section 248.029 - Residential Aids Hospice Designation
  (a) The board by rule shall adopt standards for the designation of a special care facility licensed under this chapter as a residential AIDS hospice. ...
• Texas Health & Safety Code Section 248.051 - License Denial, Suspension, Probation, Or Revocation
  (a) The department may deny, revoke, or suspend a license issued under this chapter for a violation of this chapter or the rules adopted under ...
• Texas Health & Safety Code Section 248.052 - Emergency Suspension
  The department may issue an emergency order to suspend any license issued under this chapter if the department has reasonable cause to believe that the ...
• Texas Health & Safety Code Section 248.053 - Injunction
  (a) The department may request that the attorney general petition a district court to restrain a license holder or other person from continuing to violate ...
• Texas Health & Safety Code Section 248.054 - Civil Penalty
  A license holder or person who violates this chapter or a rule adopted by the board under this chapter is liable for a civil penalty, ...
• Texas Health & Safety Code Section 248.0545 - Violation Of Law Relating To Advance Directives
  (a) The department shall assess an administrative penalty against a special care facility that violates Section 166.004. (b) A penalty assessed under this section shall ...
• Texas Health & Safety Code Section 248.055 - Criminal Penalty
  (a) A person who knowingly establishes or operates a special care facility without a license issued under this chapter commits an offense. (b) An offense ...
• Texas Health & Safety Code Section 248.101 - Imposition Of Penalty
  (a) The department of health may impose an administrative penalty on a person licensed under this chapter who violates this chapter or a rule or ...
• Texas Health & Safety Code Section 248.102 - Amount Of Penalty
  (a) The amount of the penalty may not exceed $1,000 for each violation, and each day a violation continues or occurs is a separate violation ...
• Texas Health & Safety Code Section 248.103 - Report And Notice Of Violation And Penalty
  (a) If the department initially determines that a violation occurred, the department shall give written notice of the report by certified mail to the person. ...
• Texas Health & Safety Code Section 248.104 - Penalty To Be Paid Or Hearing Requested
  (a) Within 20 days after the date the person receives the notice sent under Section 248.103, the person in writing may: (1) accept the determination ...
• Texas Health & Safety Code Section 248.105 - Hearing
  (a) If the person requests a hearing, the commissioner of public health shall refer the matter to the State Office of Administrative Hearings, which shall ...
• Texas Health & Safety Code Section 248.106 - Decision By Commissioner
  (a) Based on the findings of fact, conclusions of law, and proposal for a decision, the commissioner of public health by order may: (1) find ...
• Texas Health & Safety Code Section 248.107 - Options Following Decision: Pay Or Appeal
  Within 30 days after the date the order of the commissioner of public health under Section 248.106 that imposes an administrative penalty becomes final, the ...
• Texas Health & Safety Code Section 248.108 - Stay Of Enforcement Of Penalty
  (a) Within the 30-day period prescribed by Section 248.107, a person who files a petition for judicial review may: (1) stay enforcement of the penalty ...
• Texas Health & Safety Code Section 248.109 - Collection Of Penalty
  (a) If the person does not pay the penalty and the enforcement of the penalty is not stayed, the penalty may be collected. (b) The ...
• Texas Health & Safety Code Section 248.110 - Decision By Court
  (a) If the court sustains the finding that a violation occurred, the court may uphold or reduce the amount of the penalty and order the ...
• Texas Health & Safety Code Section 248.111 - Remittance Of Penalty And Interest
  (a) If the person paid the penalty and if the amount of the penalty is reduced or the penalty is not upheld by the court, ...
• Texas Health & Safety Code Section 248.112 - Release Of Bond
  (a) If the person gave a supersedeas bond and the penalty is not upheld by the court, the court shall order, when the court's judgment ...
• Texas Health & Safety Code Section 248.113 - Administrative Procedure
  A proceeding to impose the penalty is considered to be a contested case under Chapter 2001, Government Code. Added by Acts 1999, 76th Leg., ch. ...
• Texas Health & Safety Code Section 249.001 - Definitions
  In this chapter: (1) "Board" means the Board of Protective and Regulatory Services. (2) "Department" means the Department of Protective and Regulatory Services. (3) "Maternity ...
• Texas Health & Safety Code Section 249.002 - License Required
  (a) A person may not establish or operate a maternity home in this state without a license issued under this chapter. (b) A license is ...
• Texas Health & Safety Code Section 249.003 - License Application And Issuance
  (a) An applicant for a maternity home license must submit an application to the department on a form prescribed by the department. (b) Each application ...
• Texas Health & Safety Code Section 249.004 - Inspections
  The department may inspect a maternity home at reasonable times as necessary to assure compliance with this chapter. Added by Acts 1993, 73rd Leg., ch. ...
• Texas Health & Safety Code Section 249.005 - Fees
  The board shall set fees imposed by this chapter in amounts reasonable and necessary to defray the cost of administering this chapter. Added by Acts ...
• Texas Health & Safety Code Section 249.006 - Maternity Home Licensing Fund
  All fees collected under this chapter shall be deposited in the state treasury to the credit of the maternity home licensing fund and may be ...
• Texas Health & Safety Code Section 249.007 - Adoption Of Rules
  The board shall adopt rules necessary to implement this chapter, including requirements for the issuance, renewal, denial, suspension, and revocation of a license to operate ...
• Texas Health & Safety Code Section 249.008 - Minimum Standards
  (a) The rules must contain minimum standards applicable to a maternity home and for: (1) the qualifications of the professional staff and other personnel; (2) ...
• Texas Health & Safety Code Section 249.009 - Denial, Suspension, Or Revocation Of License
  (a) The department may deny, suspend, or revoke a license for a violation of this chapter or a rule adopted under this chapter. (b) The ...
• Texas Health & Safety Code Section 249.010 - Injunction
  (a) The department may petition a district court for a temporary restraining order to restrain a continuing violation of the standards or licensing requirements provided ...
• Texas Health & Safety Code Section 249.011 - Criminal Penalty
  (a) A person commits an offense if the person violates Section 249.002(a). (b) An offense under this section is punishable by a fine of not ...
• Texas Health & Safety Code Section 249.012 - Civil Penalty
  (a) A person who violates this chapter or who fails to comply with a rule adopted under this chapter is liable for a civil penalty ...
• Texas Health & Safety Code Section 250.001 - Definitions
  In this chapter: (1) "Nurse aide registry" means a list maintained by the Texas Department of Human Services of nurse aides under the Omnibus Budget ...
• Texas Health & Safety Code Section 250.002 - Information Obtained By Facility, Regulatory Agency, Or Private Agency
  (a) A facility, a regulatory agency, or a private agency on behalf of a facility is entitled to obtain from the Department of Public Safety ...
• Texas Health & Safety Code Section 250.003 - Verification Of Employability; Discharge
  (a) A facility may not employ a person if the facility determines, as a result of a criminal history check, that a person has been ...
• Texas Health & Safety Code Section 250.004 - Criminal History Record Of Employees
  (a) Identifying information of an employee in a covered facility shall be submitted electronically, on disk, or on a typewritten form to the Department of ...
• Texas Health & Safety Code Section 250.005 - Notice And Opportunity To Be Heard Concerning Accuracy Of Information
  (a) If a facility believes that a conviction may bar a person from employment in a facility under Section 250.006 or may be a contraindication ...
• Texas Health & Safety Code Section 250.006 - Convictions Barring Employment
  (a) A person for whom the facility is entitled to obtain criminal history record information may not be employed in a facility if the person ...
• Texas Health & Safety Code Section 250.007 - Records Privileged
  (a) The criminal history records are for the exclusive use of the regulatory agency, the requesting facility, the private agency on behalf of the requesting ...
• Texas Health & Safety Code Section 250.008 - Criminal Penalty
  (a) A person commits an offense if the person releases or otherwise discloses any information received under this chapter except as prescribed by Section 250.007(b) ...
• Texas Health & Safety Code Section 250.009 - Civil Liability
  (a) A facility or an officer or employee of a facility is not civilly liable for failure to comply with this chapter if the facility ...
• Texas Health & Safety Code Section 251.001 - Definitions
  In this chapter: (1) "Board" means the Texas Board of Health. (2) "Commissioner" means the commissioner of public health. (3) "Department" means the Texas Department ...
• Texas Health & Safety Code Section 251.002 - Fees
  (a) The board shall set fees imposed by this chapter in amounts reasonable and necessary to defray the cost of administering this chapter. (b) In ...
• Texas Health & Safety Code Section 251.003 - Adoption Of Rules
  The board shall adopt rules to implement this chapter, including requirements for the issuance, renewal, denial, suspension, and revocation of a license to operate an ...
• Texas Health & Safety Code Section 251.011 - License Required
  Except as provided by Section 251.012, a person may not operate an end stage renal disease facility without a license issued under this chapter. Added ...
• Texas Health & Safety Code Section 251.012 - Exemptions From Licensing Requirement
  The following facilities are not required to be licensed under this chapter: (1) a home and community support services agency licensed under Chapter 142 with ...
• Texas Health & Safety Code Section 251.013 - Issuance And Renewal Of License
  (a) An applicant for a license under this chapter must submit an application to the department on a form prescribed by the board. (b) Each ...
• Texas Health & Safety Code Section 251.014 - Minimum Standards
  (a) The rules adopted under Section 251.003 must contain minimum standards to protect the health and safety of a patient of an end stage renal ...
• Texas Health & Safety Code Section 251.015 - Medical Review Board
  (a) A medical review board shall advise the board on minimum standards and rules to be adopted under this chapter. (b) The medical review board ...
• Texas Health & Safety Code Section 251.031 - Training Required
  An individual may not act as a dialysis technician employed by or working in an end stage renal disease facility unless that individual is trained ...
• Texas Health & Safety Code Section 251.032 - Minimum Requirements; Training
  The rules adopted by the board under Section 251.003 shall establish: (1) minimum standards for the curricula and instructors used to train individuals to act ...
• Texas Health & Safety Code Section 251.051 - Inspections
  (a) The department may conduct an inspection of an end stage renal disease facility to verify compliance with this chapter, rules adopted under this chapter, ...
• Texas Health & Safety Code Section 251.052 - Disclosure Of Unannounced Inspection; Criminal Penalty
  (a) A person commits an offense if the person intentionally, knowingly, or recklessly discloses to an unauthorized person the date or time of or any ...
• Texas Health & Safety Code Section 251.061 - Corrective Action Plan
  (a) The department may use a corrective action plan as an alternative to enforcement action under this subchapter. (b) Before taking enforcement action under this ...
• Texas Health & Safety Code Section 251.062 - Denial, Suspension, Probation, Or Revocation Of License
  (a) The department may deny, suspend, or revoke a license issued under this chapter for a violation of this chapter or a rule adopted under ...
• Texas Health & Safety Code Section 251.0621 - Emergency Suspension
  The department may issue an emergency order to suspend a license issued under this chapter if the department has reasonable cause to believe that the ...
• Texas Health & Safety Code Section 251.063 - Injunction
  (a) The department may petition a district court for a temporary restraining order to restrain a continuing violation of this chapter or a rule adopted ...
• Texas Health & Safety Code Section 251.064 - Criminal Penalty
  (a) A person commits an offense if the person violates Section 251.011 or 251.031. (b) An offense under this section is a Class C misdemeanor. ...
• Texas Health & Safety Code Section 251.065 - Civil Penalty
  (a) A person who knowingly violates this chapter or who knowingly fails to comply with a rule adopted under this chapter is liable for a ...
• Texas Health & Safety Code Section 251.066 - Administrative Penalty
  (a) The department may assess an administrative penalty against a person who violates this chapter or a rule adopted under this chapter. (b) The penalty ...
• Texas Health & Safety Code Section 251.067 - Report Recommending Administrative Penalty
  (a) If after investigation of a possible violation and the facts surrounding that possible violation the department determines that a violation has occurred, the department ...
• Texas Health & Safety Code Section 251.068 - Hearing; Order
  (a) If the person notified fails to respond in a timely manner to the notice under Section 251.067(b) or if the person requests a hearing, ...
• Texas Health & Safety Code Section 251.069 - Notice And Payment Of Administrative Penalty; Judicial Review; Refund
  (a) The commissioner or the commissioner's designee shall give notice of the commissioner's order under Section 251.068(c) to the person notified. The notice must include: ...
• Texas Health & Safety Code Section 251.070 - Penalty Deposited To State Treasury
  A civil or administrative penalty collected under this chapter shall be deposited in the state treasury to the credit of the general revenue fund. Added ...
• Texas Health & Safety Code Section 251.071 - Recovery Of Costs
  (a) The department may assess reasonable expenses and costs against a person in an administrative hearing if, as a result of the hearing, the person's ...
• Texas Health & Safety Code Section 251.091 - Appointment By Agreement
  (a) A person holding a controlling interest in an end stage renal disease facility may, at any time, request the department to assume the management ...
• Texas Health & Safety Code Section 251.092 - Involuntary Appointment
  (a) The department may request the attorney general to bring an action in the name and on behalf of the state for the appointment of ...
• Texas Health & Safety Code Section 251.093 - Fee; Release Of Funds
  (a) A temporary manager appointed under Section 251.092 is entitled to a reasonable fee as determined by the court. The fee shall be paid by ...
• Texas Health & Safety Code Section 252.071 - Amelioration Of Violation
  Text of section as amended by Acts 2001, 77th Leg., ch. 619, § 2 (a) In lieu of demanding payment of an administrative penalty ...
• Texas Health & Safety Code Section 252.071 - Amelioration Of Violation
  Text of section as amended by Acts 2001, 77th Leg., ch. 1284, § 8.02 (a) In lieu of demanding payment of an administrative penalty ...
• Texas Health & Safety Code Section 252.091 - Findings And Purpose
  (a) The legislature finds that, under some circumstances, closing a facility for a violation of a law or rule may: (1) have an adverse effect ...
• Texas Health & Safety Code Section 252.092 - Appointment By Agreement
  (a) A person who holds a controlling interest in a facility may request the department to assume the operation of the facility through the appointment ...
• Texas Health & Safety Code Section 252.093 - Involuntary Appointment
  (a) The department may request the attorney general to bring an action on behalf of the state for the appointment of a trustee to operate ...
• Texas Health & Safety Code Section 252.094 - Fee; Release Of Money
  (a) A trustee appointed under this subchapter is entitled to a reasonable fee as determined by the court. (b) The trustee may petition the court ...
• Texas Health & Safety Code Section 252.095 - Emergency Assistance Fee
  (a) In addition to the licensing and renewal fee collected under Section 252.034, the department may collect an annual fee to be used to make ...
• Texas Health & Safety Code Section 252.096 - Reimbursement
  (a) A facility that receives emergency assistance money under this subchapter shall reimburse the department for the amounts received, including interest. (b) Interest on unreimbursed ...
• Texas Health & Safety Code Section 252.097 - Notification Of Closure
  (a) A facility that is closing temporarily or permanently, voluntarily or involuntarily, shall notify the residents of the closing and make reasonable efforts to notify ...
• Texas Health & Safety Code Section 252.098 - Criminal Penalty For Failure To Notify
  (a) A facility commits an offense if the facility knowingly fails to comply with Section 252.097. (b) An offense under this section is a Class ...
• Texas Health & Safety Code Section 252.099 - Cooperation In Facility Closure
  The department and the Texas Department of Mental Health and Mental Retardation shall cooperate closely to ensure that the closure and transition plans for a ...
• Texas Health & Safety Code Section 252.121 - Definition
  In this subchapter, "designated agency" means an agency designated by a court to be responsible for the protection of a resident who is the subject ...
• Texas Health & Safety Code Section 252.122 - Reporting Of Abuse And Neglect
  (a) A person, including an owner or employee of a facility, who has cause to believe that the physical or mental health or welfare of ...
• Texas Health & Safety Code Section 252.123 - Contents Of Report
  (a) A report of abuse or neglect is nonaccusatory and reflects the reporting person's belief that a resident has been or will be abused or ...
• Texas Health & Safety Code Section 252.124 - Anonymous Reports Of Abuse Or Neglect
  (a) An anonymous report of abuse or neglect, although not encouraged, shall be received and acted on in the same manner as an acknowledged report. ...
• Texas Health & Safety Code Section 252.125 - Investigation And Report Of Receiving Agency
  (a) The department or the designated agency shall make a thorough investigation promptly after receiving either the oral or written report. (b) The primary purpose ...
• Texas Health & Safety Code Section 252.126 - Confidentiality
  A report, record, or working paper used or developed in an investigation made under this subchapter is confidential and may be disclosed only for purposes ...
• Texas Health & Safety Code Section 252.127 - Immunity
  (a) Except as provided by Section 252.131, a person who reports an act of abuse or neglect as provided by this subchapter is immune from ...
• Texas Health & Safety Code Section 252.128 - Privileged Communications
  In a proceeding regarding the abuse or neglect of a resident or the cause of any abuse or neglect, evidence may not be excluded on ...
• Texas Health & Safety Code Section 252.129 - Central Registry
  (a) The department shall maintain in the city of Austin a central registry of reported cases of resident abuse or neglect. The department shall include ...
• Texas Health & Safety Code Section 252.130 - Failure To Report; Criminal Penalty
  (a) A person commits an offense if the person has cause to believe that a resident's physical or mental health or welfare has been or ...
• Texas Health & Safety Code Section 252.131 - Bad Faith, Malicious, Or Reckless Reporting; Criminal Penalty
  (a) A person commits an offense if the person reports under this subchapter in bad faith, maliciously, or recklessly. (b) An offense under this section ...
• Texas Health & Safety Code Section 252.132 - Suit For Retaliation
  (a) In this section, "employee" means a person who is an employee of a facility or any other person who provides services for a facility ...
• Texas Health & Safety Code Section 252.133 - Suit For Retaliation Against Volunteer, Resident, Or Family Member Or Guardian Of Resident
  (a) A facility may not retaliate or discriminate against a volunteer, a resident, or a family member or guardian of a resident because the volunteer, ...
• Texas Health & Safety Code Section 252.134 - Reports Relating To Resident Deaths; Statistical Information
  (a) A facility licensed under this chapter shall submit a report to the department concerning the death of: (1) a resident of the facility; and ...
• Texas Health & Safety Code Section 252.151 - Administration Of Medication
  The department shall adopt rules relating to the administration of medication in facilities. Added by Acts 1997, 75th Leg., ch. 693, § 1, eff. Sept. ...
• Texas Health & Safety Code Section 252.152 - Required Medical Examination
  (a) The department shall require each resident to be given at least one medical examination each year. (b) The department shall specify the details of ...
• Texas Health & Safety Code Section 252.181 - Definitions
  In this subchapter: (1) "Plan of care" means a written description of the care, training, and treatment needed by a person during respite care. (2) ...
• Texas Health & Safety Code Section 252.182 - Respite Care
  (a) A facility licensed under this chapter may provide respite care for an individual who has a diagnosis of mental retardation or a related condition ...
• Texas Health & Safety Code Section 252.183 - Plan Of Care
  (a) The facility and the person arranging the care must agree on the plan of care and the plan must be filed at the facility ...
• Texas Health & Safety Code Section 252.184 - Notification
  A facility that offers respite care shall notify the department in writing that it offers respite care. Added by Acts 1997, 75th Leg., ch. 693, ...
• Texas Health & Safety Code Section 252.185 - Inspections
  The department, at the time of an ordinary licensing inspection or at other times determined necessary by the department, shall inspect a facility's records of ...
• Texas Health & Safety Code Section 252.186 - Suspension
  (a) The department may require a facility to cease providing respite care if the department determines that the respite care does not meet the standards ...
• Texas Health & Safety Code Section 252.201 - Definition
  In this subchapter, "gross receipts" means money paid as compensation for services provided to residents, including client participation. The term does not include charitable contributions ...
• Texas Health & Safety Code Section 252.202 - Computing Quality Assurance Fee
  (a) A quality assurance fee is imposed on each facility for which a license fee must be paid under Section 252.034, on each facility owned ...
• Texas Health & Safety Code Section 252.203 - Patient Days
  For each calendar day, a facility shall determine the number of patient days by adding the following: (1) the number of patients occupying a facility ...
• Texas Health & Safety Code Section 252.204 - Reporting And Collection
  (a) The Health and Human Services Commission or the department at the direction of the commission shall collect the quality assurance fee. (b) Each facility ...
• Texas Health & Safety Code Section 252.205 - Rules; Administrative Penalty
  (a) The Health and Human Services Commission shall adopt rules for the administration of this subchapter, including rules related to the imposition and collection of ...
• Texas Health & Safety Code Section 252.206 - Quality Assurance Fund
  (a) The quality assurance fund is a fund outside the state treasury held by the Texas Treasury Safekeeping Trust Company. Notwithstanding any other law, the ...
• Texas Health & Safety Code Section 252.207 - Reimbursement Of Facilities
  (a) Subject to legislative appropriation and state and federal law, the Health and Human Services Commission may use money in the quality assurance fund, together ...
• Texas Health & Safety Code Section 252.208 - Invalidity; Federal Funds
  If any portion of this subchapter is held invalid by a final order of a court that is not subject to appeal, or if the ...
• Texas Health & Safety Code Section 253.001 - Definitions
  In this chapter: (1) "Commissioner" means the commissioner of human services. (2) "Department" means the Texas Department of Human Services. (3) "Employee" means a person ...
• Texas Health & Safety Code Section 253.002 - Investigation By Department
  If the department receives a report that an employee of a facility committed reportable conduct, the department shall investigate the report to determine whether the ...
• Texas Health & Safety Code Section 253.003 - Determination; Notice
  (a) If, after an investigation, the department determines that the reportable conduct occurred, the department shall give written notice of the department's findings. The notice ...
• Texas Health & Safety Code Section 253.004 - Hearing; Order
  (a) If the employee requests a hearing, the department shall: (1) set a hearing; (2) give written notice of the hearing to the employee; and ...
• Texas Health & Safety Code Section 253.005 - Notice; Judicial Review
  (a) The department shall give notice of the order under Section 253.004 to the employee alleged to have committed the reportable conduct. The notice must ...
• Texas Health & Safety Code Section 253.006 - Informal Proceedings
  The department by rule shall adopt procedures governing informal proceedings held in compliance with Section 2001.056, Government Code. Added by Acts 1999, 76th Leg., ch. ...
• Texas Health & Safety Code Section 253.007 - Employee Misconduct Registry
  (a) If an employee commits reportable conduct, the department shall make a record of the employee's name, the employee's address, the employee's social security number, ...
• Texas Health & Safety Code Section 253.0075 - Recording Reportable Conduct Reported By Department Of Protective And Regulatory Services
  On receipt of a finding of reportable conduct by the Department of Protective and Regulatory Services under Subchapter I, Chapter 48, Human Resources Code, the ...
• Texas Health & Safety Code Section 253.008 - Verification Of Employability
  (a) Before a facility, an agency licensed under Chapter 142, or a person exempt from licensing under Section 142.003(a)(19) may hire an employee, the facility, ...
• Texas Health & Safety Code Section 253.009 - Notification
  (a) Each facility, each agency licensed under Chapter 142, and each person exempt from licensing under Section 142.003(a)(19) shall notify its employees in a manner ...
• Texas Health & Safety Code Section 253.010 - Removal From Registry
  The department may remove a person from the employee misconduct registry if, after receiving a written request from the person, the department determines that the ...
• Texas Health & Safety Code Section 255.001 - Definitions
  In this chapter: (1) "Department" means the Department of Aging and Disability Services. (2) "Long-term care facility" means a nursing institution, an assisted living facility, ...
• Texas Health & Safety Code Section 255.002 - Early Warning System
  The department shall establish an early warning system to detect conditions that could be detrimental to the health, safety, and welfare of residents. The early ...
• Texas Health & Safety Code Section 255.003 - Quality-Of-Care Monitors
  (a) The department shall establish regional offices with one or more quality-of-care monitors, based on the number of long-term care facilities in the region, to ...
• Texas Health & Safety Code Section 255.004 - Rapid Response Teams
  (a) The department shall create rapid response teams composed of health care experts that can visit long-term care facilities identified through the department's early warning ...
• Texas Health & Safety Code Section 255.005 - Report
  The department shall assess and evaluate the effectiveness of the quality assurance early warning system and shall report its findings annually to the governor, the ...
• Texas Health & Safety Code Section 256.001 - Definitions
  Text of section effective January 1, 2006 In this chapter: (1) "Hospital" means a general or special hospital, as defined by Section 241.003, a ...
• Texas Health & Safety Code Section 256.002 - Required Safe Patient Handling And Movement Policy
  Text of section effective January 1, 2006 (a) The governing body of a hospital or the quality assurance committee of a nursing home shall ...
• Texas Health & Safety Code Section 261.001 - Regulation Of Hospitals By Type A General-Law Municipality
  The governing body of a Type A general-law municipality may: (1) construct or establish one or more hospitals and control and regulate those hospitals; and ...
• Texas Health & Safety Code Section 261.011 - Authority Of Governing Body
  (a) The governing body of a municipality by ordinance may order the sale, lease, or closure of all or part of a hospital owned and ...
• Texas Health & Safety Code Section 261.012 - Sale Or Closure Petition; Election
  (a) The governing body shall order and conduct an election on the sale or closure of a hospital if, before the 31st day after the ...
• Texas Health & Safety Code Section 261.013 - Form And Terms Of Lease In Municipality Of 25,000 Or Less
  (a) The governing body of a municipality with a population of 25,000 or less may lease all or part of a hospital owned by the ...
• Texas Health & Safety Code Section 261.051 - Definition
  In this subchapter, "municipal hospital management contractor" means a nonprofit corporation, partnership, or sole proprietorship that manages or operates a hospital or provides services under ...
• Texas Health & Safety Code Section 261.052 - Liability Of A Municipal Hospital Management Contractor
  A municipal hospital management contractor in its management or operation of a hospital under a contract with a municipality or a municipal hospital authority is ...
• Texas Health & Safety Code Section 262.001 - Short Title
  This chapter may be cited as the Hospital Authority Act. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 262.002 - Definitions
  In this chapter: (1) "Authority" means a hospital authority created under this chapter. (2) "Board" means the board of directors of an authority. (3) "Bond" ...
• Texas Health & Safety Code Section 262.003 - Creation
  (a) A governing body may adopt an ordinance creating a hospital authority and designating the name of the authority if the governing body finds that ...
• Texas Health & Safety Code Section 262.004 - Tax Exemption
  The authority's property is exempt from taxation because it is held for public purposes only and devoted exclusively to the use and benefit of the ...
• Texas Health & Safety Code Section 262.005 - Dissolution
  (a) A governing body by ordinance may dissolve an authority created by the governing body if the governing body and the authority provide for the ...
• Texas Health & Safety Code Section 262.011 - Board Of Directors
  (a) The authority is governed by a board of directors with at least seven and not more than 11 members. (b) The number of directors ...
• Texas Health & Safety Code Section 262.012 - Appointment Of Board; Terms Of Office
  (a) The governing body or governing bodies shall appoint the directors of the authority for terms not to exceed two years except as otherwise provided ...
• Texas Health & Safety Code Section 262.013 - Officers
  (a) The board shall elect: (1) a president and a vice-president, who must be directors; (2) a secretary and a treasurer, who are not required ...
• Texas Health & Safety Code Section 262.014 - Authority Of Board
  (a) Action may be taken by a majority of the directors present if a quorum is present. (b) The president has the same right to ...
• Texas Health & Safety Code Section 262.015 - Compensation
  A director may not receive compensation for services but is entitled to reimbursement for expenses incurred in performing services. Acts 1989, 71st Leg., ch. 678, ...
• Texas Health & Safety Code Section 262.021 - General Powers
  (a) The authority has the power of perpetual succession. (b) The authority may: (1) have a seal; (2) sue and be sued; and (3) make, ...
• Texas Health & Safety Code Section 262.022 - Acquisition, Operation, And Lease Of Hospitals
  (a) The authority may construct, purchase, enlarge, furnish, or equip one or more hospitals. A hospital may be located outside the municipality or municipalities. (b) ...
• Texas Health & Safety Code Section 262.0225 - Authority To Borrow Money
  (a) This section applies only to an authority created by a municipality with a population of less than 25,000. (b) The board may, on behalf ...
• Texas Health & Safety Code Section 262.023 - Employees
  (a) The board may employ a manager or executive director of a hospital and other employees, experts, and agents. (b) The board may delegate to ...
• Texas Health & Safety Code Section 262.024 - Management Agreement
  (a) The board may enter into an agreement with any person for the management or operation of a hospital, or part of a hospital, owned ...
• Texas Health & Safety Code Section 262.025 - Committees
  (a) The board, by a resolution adopted by a majority of the directors in office, may designate one or more committees if authorized to do ...
• Texas Health & Safety Code Section 262.026 - Rates For Hospital Services
  (a) Except as provided by Subsection (b), through charging sufficient rates for services provided by a hospital and through its other revenue sources the board ...
• Texas Health & Safety Code Section 262.027 - Depository
  The authority may: (1) select a depository in the same manner that a municipality may select a depository under Chapter 105, Local Government Code; or ...
• Texas Health & Safety Code Section 262.028 - Eminent Domain
  (a) To carry out a power granted by this chapter, the authority may acquire the fee simple title to land, other property, and easements by ...
• Texas Health & Safety Code Section 262.029 - Gifts And Endowments
  The board may accept gifts and endowments to hold and administer as required by the respective donors. Acts 1989, 71st Leg., ch. 678, § 1, ...
• Texas Health & Safety Code Section 262.030 - Medical Records
  (a) The preservation, microfilming, destruction, or other disposition of the records of the authority is subject to Subtitle C, Title 6, Local Government Code. (b) ...
• Texas Health & Safety Code Section 262.031 - Sale Of Property; General Provisions
  (a) The board may sell, through sealed bids or at a public auction, real property acquired by gift or purchase that the board determines is ...
• Texas Health & Safety Code Section 262.032 - Sale Of Property To Political Subdivision
  (a) The authority may sell property to a political subdivision for the fair market value of the property. (b) The board must publish a notice ...
• Texas Health & Safety Code Section 262.033 - Sale Or Closing Of Hospital
  (a) The board may sell a hospital, or part of a hospital, owned by the authority or close a hospital, or part of a hospital, ...
• Texas Health & Safety Code Section 262.034 - Facilities And Services For Elderly And Disabled
  (a) The authority may construct, acquire, own, operate, enlarge, improve, furnish, or equip one or more of the following types of facilities or services for ...
• Texas Health & Safety Code Section 262.035 - Powers And Duties Of Certain Hospital Authorities; Lease
  (a) This section applies only to an authority created in a county with a population of at least 350,000 in which a hospital district is ...
• Texas Health & Safety Code Section 262.036 - Retirement Benefits
  If any authority is created by the governing body of a municipality which has established a municipal retirement system pursuant to Chapter 451, Acts of ...
• Texas Health & Safety Code Section 262.041 - Revenue Bonds
  (a) The authority may issue revenue bonds to provide funds for any of the authority's purposes. (b) Revenue bonds must be payable from, and secured ...
• Texas Health & Safety Code Section 262.042 - Form And Procedure
  (a) Revenue bonds must be authorized by a resolution adopted by a majority vote of a quorum of the board. The bonds must: (1) be ...
• Texas Health & Safety Code Section 262.043 - Terms
  (a) Revenue bonds must mature serially or otherwise not more than 40 years after they are issued. (b) Revenue bonds may: (1) be sold at ...
• Texas Health & Safety Code Section 262.044 - Notice
  (a) Before the board adopts a resolution authorizing the issuance of bonds other than refunding bonds, the board shall publish a notice of its intention ...
• Texas Health & Safety Code Section 262.045 - Referendum
  (a) A petition requesting an election on the proposition for the issuance of the revenue bonds may be presented to the president or secretary of ...
• Texas Health & Safety Code Section 262.046 - Junior Lien Bonds; Parity Bonds
  (a) Bonds constituting a junior lien on the revenues or properties may be issued unless prohibited by the bond resolution or the trust indenture. (b) ...
• Texas Health & Safety Code Section 262.047 - Bond Proceeds; Investment Of Funds
  (a) The board may set aside from the proceeds from the sale of bonds: (1) an amount for payment of not more than two years' ...
• Texas Health & Safety Code Section 262.048 - Refunding Bonds
  (a) The authority may issue bonds to refund outstanding bonds in the same manner that other bonds are issued under this chapter. (b) Bonds issued ...
• Texas Health & Safety Code Section 262.049 - Approval And Registration Of Bonds
  (a) The authority shall submit to the attorney general bonds issued under this chapter and the record relating to the issuance of those bonds. (b) ...
• Texas Health & Safety Code Section 262.050 - Legal Investments; Security For Deposits
  (a) Bonds issued under this chapter are legal and authorized investments for: (1) a bank; (2) a savings bank; (3) a trust company; (4) a ...
• Texas Health & Safety Code Section 263.001 - Two Or More Counties May Join
  (a) Two or more adjacent counties may act together to carry out the purposes of this chapter and construct one or more hospitals for their ...
• Texas Health & Safety Code Section 263.002 - Additional Hospital
  A county may maintain more than one county hospital if considered advisable by the commissioners court of the county and approved by the Texas Board ...
• Texas Health & Safety Code Section 263.021 - Establishing Or Enlarging Hospital On Petition; Submission Of Bond Proposition
  (a) The commissioners court of a county may establish a county hospital or any medical or other health facility or enlarge an existing hospital or ...
• Texas Health & Safety Code Section 263.022 - Powers And Duties Of Commissioners Court After Passage Of Bond Proposition
  (a) If a bond proposition under Section 263.021 is approved by a majority of the qualified voters voting at the election, the commissioners court of ...
• Texas Health & Safety Code Section 263.023 - Construction Of Hospital To Avoid Inadequate Care In Certain Counties
  (a) The commissioners court of a county shall provide for the construction of a county hospital if: (1) the county has a municipality with more ...
• Texas Health & Safety Code Section 263.024 - Hospital Revenue Bonds
  (a) A county may issue revenue bonds for: (1) acquiring, constructing, repairing, equipping, or renovating buildings and improvements for county hospital purposes; or (2) acquiring ...
• Texas Health & Safety Code Section 263.025 - Hospital Operating Funds Used For Improvements In Counties Of 24,500 To 25,500
  The commissioners court of a county with a population of 24,500 to 25,500 may use excess money in the county hospital operating fund for making ...
• Texas Health & Safety Code Section 263.026 - Health Unit Or Center In County With Population Greater Than 100,000
  (a) The commissioners court of a county with a population of more than 100,000 that has a county hospital may acquire sites and construct or ...
• Texas Health & Safety Code Section 263.027 - Approval Of Construction Or Repair By Board Of Health
  If requested by the commissioners court of a county, the Texas Board of Health must approve plans for the construction, alteration, or repair of a ...
• Texas Health & Safety Code Section 263.028 - Contract For Care
  (a) The commissioners court of a county that does not have a municipality with a population of more than 10,000 may contract with a hospital ...
• Texas Health & Safety Code Section 263.029 - Sale Or Lease Of Hospital
  (a) A county may sell or lease all or part of a county hospital or medical or other health facility operated by the county, including ...
• Texas Health & Safety Code Section 263.030 - Closing Of Hospital
  (a) The commissioners court of a county by order on terms it considers reasonable may close a hospital or medical facility constructed, purchased, or acquired ...
• Texas Health & Safety Code Section 263.031 - Closing Part Of Hospital
  A county may close a part of a county hospital. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 263.041 - Appointment Of Board Of Managers
  (a) The commissioners court of a county shall appoint at least six but not more than 12 residents of the county as the board of ...
• Texas Health & Safety Code Section 263.042 - Operation Of Board Of Managers
  (a) The board of managers shall elect from among its members a president, at least one vice-president, a secretary, and a treasurer. (b) The county ...
• Texas Health & Safety Code Section 263.043 - Compensation And Expenses Of Board Of Managers
  (a) The commissioners court may provide hospitalization insurance as compensation for the services of the board of managers. (b) The commissioners court shall pay and ...
• Texas Health & Safety Code Section 263.044 - Tort Claims Payments
  A member of the board of managers is a county officer for purposes of Chapter 102, Civil Practice and Remedies Code. Acts 1989, 71st Leg., ...
• Texas Health & Safety Code Section 263.045 - Removal Of Manager
  After citation, the commissioners court may, at any time, remove a member of the board of managers from office for cause. Acts 1989, 71st Leg., ...
• Texas Health & Safety Code Section 263.046 - General Powers And Duties Of Board Of Managers
  (a) The board of managers shall generally manage and control the hospital, including: (1) its buildings and grounds; (2) its officers and employees; (3) its ...
• Texas Health & Safety Code Section 263.047 - Salaries
  (a) The board of managers shall determine the salaries of the officers and employees of the hospital, including the superintendent. (b) The salaries may not ...
• Texas Health & Safety Code Section 263.048 - Visiting Physicians
  (a) The board of managers shall appoint a staff of visiting physicians who visit and treat hospital patients at the request of the board or ...
• Texas Health & Safety Code Section 263.049 - Discharge Of Patients
  (a) The board of managers shall make the final disposition of a case concerning the discharge of a patient from the hospital. (b) The decision ...
• Texas Health & Safety Code Section 263.050 - Dispensaries And Clinics
  (a) The board of managers may establish and operate: (1) an outpatient department or a free dispensary and clinic at the hospital or in the ...
• Texas Health & Safety Code Section 263.051 - School For Children Having Tuberculosis
  (a) The board of managers may establish a special and separate school for the education, care, and treatment of children having tuberculosis. (b) The school ...
• Texas Health & Safety Code Section 263.052 - Contract For Care By Board
  The board of managers may contract for the care of a person who is sick or injured and who applies to the hospital for admission. ...
• Texas Health & Safety Code Section 263.053 - Records
  (a) The board of managers shall keep a proper record of its proceedings in a book provided for that purpose. The record must be open ...
• Texas Health & Safety Code Section 263.071 - Appointment Of Superintendent
  (a) The board of managers shall appoint a superintendent of the hospital who holds office at the pleasure of the board. (b) The superintendent may ...
• Texas Health & Safety Code Section 263.072 - Role Of Superintendent
  (a) The superintendent is the chief executive officer of the hospital. (b) The superintendent is subject to the bylaws and rules of the hospital and ...
• Texas Health & Safety Code Section 263.073 - Bond
  The superintendent, before beginning to discharge the duties of office, shall give a bond in a sum determined by the board of managers to secure ...
• Texas Health & Safety Code Section 263.074 - General Powers And Duties Of Superintendent
  (a) The superintendent has general supervision and control of: (1) the records and accounts of the hospital; (2) the hospital buildings; and (3) the internal ...
• Texas Health & Safety Code Section 263.075 - Equipping The Hospital
  (a) The superintendent shall, with the consent of the board of managers, equip the hospital with furniture, appliances, fixtures, and other facilities necessary for the ...
• Texas Health & Safety Code Section 263.076 - Officers And Employees
  (a) With the consent of the board of managers, the superintendent shall appoint resident officers and employees considered proper and necessary by the superintendent for ...
• Texas Health & Safety Code Section 263.077 - Accounts And Records
  (a) The superintendent shall require daily accounts and records of the hospital's business and operations. (b) The superintendent shall require that: (1) a record is ...
• Texas Health & Safety Code Section 263.078 - Forms For Admission
  (a) The county hospital shall provide forms for application for admission to the hospital and the superintendent shall forward the forms free to a licensed ...
• Texas Health & Safety Code Section 263.079 - Admission Of Persons From County
  (a) A resident of a county in which a county hospital is located who desires treatment in the hospital may apply in person to the ...
• Texas Health & Safety Code Section 263.080 - Admission Of Persons From Adjacent County
  The superintendent shall admit to the hospital a person sent by the commissioners court of an adjacent county if: (1) the adjacent county has contracted ...
• Texas Health & Safety Code Section 263.081 - Condition And Treatment Of Patient
  The superintendent shall require that a patient's physical condition is carefully examined and the treatment the patient needs is provided. Acts 1989, 71st Leg., ch. ...
• Texas Health & Safety Code Section 263.082 - Payment By Patient
  (a) A patient may not be permitted to pay an amount for the patient's maintenance in the hospital greater than the average per capita cost ...
• Texas Health & Safety Code Section 263.083 - Support
  (a) The superintendent shall inquire into a patient's circumstances and the circumstances of the patient's relatives legally responsible for the patient's support if the patient ...
• Texas Health & Safety Code Section 263.084 - Discharge Of Patients
  (a) The superintendent shall temporarily or permanently discharge a patient from the hospital if the patient: (1) is not sick or injured or recovers from ...
• Texas Health & Safety Code Section 263.085 - Collection Of Money
  (a) The superintendent shall collect money due the hospital. (b) The superintendent shall keep an accurate account of money collected at the hospital, report at ...
• Texas Health & Safety Code Section 263.101 - Inspections
  (a) A resident officer of a county hospital shall admit a member of the board of managers into every part of the hospital and its ...
• Texas Health & Safety Code Section 263.102 - Texas Board Of Health Rules And Publications
  (a) The board of managers shall print, or purchase from the Texas Board of Health at the actual cost of printing: (1) rules adopted by ...
• Texas Health & Safety Code Section 264.001 - Short Title
  This chapter may be cited as the County Hospital Authority Act. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 264.002 - Definitions
  In this chapter: (1) "Authority" means a county hospital authority created under this chapter. (2) "Board" means the board of directors of an authority. (3) ...
• Texas Health & Safety Code Section 264.003 - Creation
  (a) The commissioners court of a county by order may create a county hospital authority and designate the name of the authority if the commissioners ...
• Texas Health & Safety Code Section 264.011 - Board Of Directors
  (a) The authority is governed by a board of directors with at least seven and not more than 11 members. (b) The number of directors ...
• Texas Health & Safety Code Section 264.012 - Appointment Of Board; Terms Of Office
  (a) The commissioners court shall appoint the directors of the authority for terms not to exceed three years except as otherwise provided by this section. ...
• Texas Health & Safety Code Section 264.013 - Officers
  (a) The board shall elect: (1) a president and a vice-president, who must be directors; (2) a secretary and a treasurer, who are not required ...
• Texas Health & Safety Code Section 264.014 - Authority Of Board
  (a) Action may be taken by a majority of the directors present if a quorum is present. (b) The president has the same right to ...
• Texas Health & Safety Code Section 264.015 - Compensation
  A director may not receive compensation for services but is entitled to reimbursement for expenses incurred in performing services. Acts 1989, 71st Leg., ch. 678, ...
• Texas Health & Safety Code Section 264.021 - General Powers
  (a) The authority has the power of perpetual succession. (b) The authority may: (1) have a seal; (2) sue and be sued; and (3) make, ...
• Texas Health & Safety Code Section 264.022 - Acquisition, Operation, And Lease Of Hospitals
  (a) The authority may construct, purchase, enlarge, furnish, or equip one or more hospitals located in the county. (b) The authority may operate and maintain ...
• Texas Health & Safety Code Section 264.023 - Employees
  (a) The board may employ a manager or executive director of a hospital and other employees, experts, and agents. (b) The board may delegate to ...
• Texas Health & Safety Code Section 264.024 - Management Agreement
  (a) The board may enter into an agreement with any person for the management or operation of a hospital or part of a hospital owned ...
• Texas Health & Safety Code Section 264.025 - Committees
  (a) The board, by a resolution adopted by a majority of the directors in office, may designate one or more committees if authorized to do ...
• Texas Health & Safety Code Section 264.026 - Rates For Hospital Services
  (a) Except as provided by Subsection (b), through charging sufficient rates for services provided by a hospital and through its other revenue sources, the board ...
• Texas Health & Safety Code Section 264.027 - Depository
  The authority may: (1) select a depository in the same manner that a county may select a depository under Chapter 116, Local Government Code; or ...
• Texas Health & Safety Code Section 264.028 - Eminent Domain
  (a) To carry out a power granted by this chapter, the authority may acquire the fee simple title to land, other property, and easements by ...
• Texas Health & Safety Code Section 264.029 - Gifts And Endowments
  The board may accept gifts and endowments to hold and administer as required by the respective donors. Acts 1989, 71st Leg., ch. 678, § 1, ...
• Texas Health & Safety Code Section 264.030 - Sale Of Property; General Provisions
  (a) The board may sell, through sealed bids or at a public auction, real property acquired by gift or purchase that the board determines is ...
• Texas Health & Safety Code Section 264.031 - Sale Or Closing Of Hospital
  (a) The board may sell all or part of a hospital owned by the authority or close all or part of a hospital owned or ...
• Texas Health & Safety Code Section 264.032 - Emergency Borrowing
  (a) If the board declares that funds are not available to meet lawfully authorized obligations of the authority and that an emergency exists, the board ...
• Texas Health & Safety Code Section 264.033 - Time Warrants
  The authority may issue time warrants in the manner in which a commissioners court may issue time warrants under Subchapter C, Chapter 262, Local Government ...
• Texas Health & Safety Code Section 264.034 - Facilities And Services For The Disabled Or The Elderly
  (a) The authority may construct, acquire, own, operate, enlarge, improve, furnish, equip, or provide the following facilities and services to care for the disabled or ...
• Texas Health & Safety Code Section 264.041 - Revenue Bonds
  (a) The authority may issue revenue bonds to provide funds for any of the authority's purposes. (b) Revenue bonds must be payable from, and secured ...
• Texas Health & Safety Code Section 264.042 - Form And Procedure
  (a) Revenue bonds must be authorized by a resolution adopted by a majority vote of a quorum of the board. The bonds must: (1) be ...
• Texas Health & Safety Code Section 264.043 - Terms
  (a) Revenue bonds must mature serially or otherwise not more than 40 years after they are issued. (b) Revenue bonds may: (1) be sold at ...
• Texas Health & Safety Code Section 264.044 - Notice
  (a) Before the board adopts a resolution authorizing the issuance of bonds other than refunding bonds, the board must publish a notice of its intention ...
• Texas Health & Safety Code Section 264.045 - Referendum
  (a) A petition requesting an election on the proposition for the issuance of the revenue bonds may be presented to the secretary or president of ...
• Texas Health & Safety Code Section 264.046 - Junior Lien Bonds; Parity Bonds
  (a) Bonds constituting a junior lien on the revenues or properties may be issued unless prohibited by the bond resolution or the trust indenture. (b) ...
• Texas Health & Safety Code Section 264.047 - Bond Proceeds; Investment Of Funds
  (a) The board may set aside from the proceeds from the sale of bonds: (1) an amount for payment of not more than two years' ...
• Texas Health & Safety Code Section 264.048 - Refunding Bonds
  (a) The authority may issue bonds to refund outstanding bonds in the same manner that other bonds are issued under this chapter. (b) Bonds issued ...
• Texas Health & Safety Code Section 264.049 - Approval And Registration Of Bonds
  (a) The authority shall submit to the attorney general the bonds issued under this chapter and the record relating to the issuance of those bonds. ...
• Texas Health & Safety Code Section 264.050 - Legal Investments
  Bonds of the authority are legal and authorized investments for: (1) a bank; (2) a savings bank; (3) a trust company; (4) a savings and ...
• Texas Health & Safety Code Section 265.001 - Municipality With Population Of At Least 10,000 And Any County
  (a) The commissioners court of a county may cooperate with the proper authorities of a municipality with at least 10,000 inhabitants to establish, build, equip, ...
• Texas Health & Safety Code Section 265.002 - County And Any Two Or More Municipalities
  (a) The commissioners court of a county may cooperate with the proper authorities of two or more municipalities to establish, build, equip, and maintain a ...
• Texas Health & Safety Code Section 265.003 - County With Population Of At Least 92,600 And Municipality With Population Of At Least 57,250
  (a) The commissioners court of a county with a population of at least 92,600 and the governing body of a municipality in that county with ...
• Texas Health & Safety Code Section 265.011 - Establishment Of Hospital By Commissioners Court And Municipal Governing Body
  The commissioners court of a county and the governing body of a municipality in that county may jointly appoint a board of managers to establish, ...
• Texas Health & Safety Code Section 265.012 - Financing
  (a) If the municipality or county has issued and sold bonds to establish, build, equip, maintain, and operate a joint municipal and county hospital, the ...
• Texas Health & Safety Code Section 265.013 - Board Of Managers
  (a) The board of managers is composed of seven members. (b) The commissioners court and the municipal governing body shall each appoint three members to ...
• Texas Health & Safety Code Section 265.014 - Chairman
  The board of managers shall select a chairman from among its members who shall: (1) preside over the board's meetings; and (2) sign any contract, ...
• Texas Health & Safety Code Section 265.015 - Contracts
  The board of managers may execute any contract relating to establishing, building, equipping, maintaining, or operating the hospital as if the action were taken by ...
• Texas Health & Safety Code Section 265.016 - Financial Statement; Budget
  (a) The board of managers shall annually prepare and present to the commissioners court and the municipal governing body a statement of the hospital's financial ...
• Texas Health & Safety Code Section 265.017 - Issuance Of Revenue Bonds
  (a) The board of managers may issue and sell revenue bonds in the name of the hospital to finance: (1) the acquisition of real property, ...
• Texas Health & Safety Code Section 265.0171 - Repayment Of Bonds
  The board of managers may provide for the payment of principal of, premium on, if any, and interest on the bonds by pledging all or ...
• Texas Health & Safety Code Section 265.0172 - Additional Security For Bonds
  The bonds may be additionally secured by a deed of trust or mortgage lien on part or all of the physical properties of the hospital ...
• Texas Health & Safety Code Section 265.0173 - Maturity
  A bond issued under this subchapter must mature not later than 40 years after its date. Added by Acts 2001, 77th Leg., ch. 151, § ...
• Texas Health & Safety Code Section 265.0174 - Bonds Not Payable From Taxes
  A bond issued under this subchapter must contain the following provision: "The holder of this obligation is not entitled to demand payment of this obligation ...
• Texas Health & Safety Code Section 265.0175 - Sale Of Bonds
  The board of managers may sell bonds issued under this subchapter at public or private sale in the manner and on the terms approved by ...
• Texas Health & Safety Code Section 265.0176 - Refunding Bonds
  (a) The board of managers may refund bonds issued under this subchapter by issuing refunding bonds under terms approved by the board. (b) All appropriate ...
• Texas Health & Safety Code Section 265.0177 - Authority To Borrow Money
  (a) After approval by resolution of the commissioners court of the county and the governing body of the municipality that appointed the board, the board ...
• Texas Health & Safety Code Section 265.0178 - Pledge Of Security
  (a) A loan under Section 265.0177 may be: (1) payable from and secured by a pledge of all or part of the revenues, income, or ...
• Texas Health & Safety Code Section 265.0179 - Permissible Uses Of Loan Proceeds
  The proceeds from a loan under Section 265.0177 may be used to pay costs related to the acquisition, construction, rehabilitation, and equipping of a hospital ...
• Texas Health & Safety Code Section 265.018 - Hospital Property
  The board of managers may acquire, hold, or dispose of property or an interest in property. As agreed by the county and municipality, the county ...
• Texas Health & Safety Code Section 265.0181 - Transfer Of Property
  On dissolution of the board of managers, title to property held by the board or in the name of the hospital shall be transferred to ...
• Texas Health & Safety Code Section 265.019 - Use Of Earnings Or Assets For Private Purposes Prohibited
  Except as reasonable compensation for services rendered or reasonable allowance for authorized expenditures incurred on behalf of the board of managers or the hospital, the ...
• Texas Health & Safety Code Section 265.020 - Applicability
  Sections 265.017-265.019 apply only to a hospital located in a county with a population of 75,000 or more. Added by Acts 2001, 77th Leg., ch. ...
• Texas Health & Safety Code Section 265.021 - Ownership And Control Designated
  (a) A county with a population of at least 200,000 and one or more municipalities in the county that jointly own and operate a hospital ...
• Texas Health & Safety Code Section 265.022 - Board Of Managers Of Hospital Controlled By County
  (a) If the county is designated to own and control the hospital, the commissioners court shall appoint a board of managers with at least three ...
• Texas Health & Safety Code Section 265.023 - Board Of Managers Of Hospital Controlled By Municipality
  If the municipality is designated to own and control the hospital, the governing body of the municipality may appoint the board of managers under its ...
• Texas Health & Safety Code Section 265.024 - Terms
  Members of the board of managers shall be appointed for staggered six-year terms, with one-third of the terms expiring every two years. Acts 1989, 71st ...
• Texas Health & Safety Code Section 265.025 - Tax
  (a) The commissioners court may authorize and levy a tax not to exceed 50 cents on each $100 of the taxable value of property taxable ...
• Texas Health & Safety Code Section 265.026 - Tuberculosis Control
  (a) The commissioners court and each municipal governing body that designates the ownership and control of a joint hospital under this subchapter may conduct a ...
• Texas Health & Safety Code Section 265.031 - Creation Of Board
  (a) The commissioners court of a county and the governing body of a municipality located in whole or in part in that county may adopt ...
• Texas Health & Safety Code Section 265.032 - Appointment Of Board
  (a) The board consists of seven directors. A director may serve successive terms. (b) The commissioners court shall appoint four directors in its resolution creating ...
• Texas Health & Safety Code Section 265.033 - Officers
  (a) The board shall elect a director as chairman. The chairman shall preside at board meetings and perform other duties and functions prescribed by the ...
• Texas Health & Safety Code Section 265.034 - Authority Of Board
  (a) The board shall act through resolutions adopted by the board. The affirmative vote of four directors is required to adopt a resolution. (b) The ...
• Texas Health & Safety Code Section 265.035 - Suits
  The board may sue and be sued in its own name, capacity, and behalf. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, ...
• Texas Health & Safety Code Section 265.036 - Compensation
  A director may not receive compensation but is entitled to reimbursement for actual expenses incurred in the performance of the duties of director to the ...
• Texas Health & Safety Code Section 265.037 - Hospital Facilities; Other Property
  (a) The board may purchase, construct, receive, lease, or otherwise acquire hospital facilities and may improve, enlarge, furnish, equip, operate, and maintain those facilities. (b) ...
• Texas Health & Safety Code Section 265.038 - Contracts For Hospital Services
  The county or the municipality may contract with the board for the care and treatment of indigent or needy patients or for any other hospital ...
• Texas Health & Safety Code Section 265.039 - Funds
  (a) The board may apply for, receive, and spend federal or state funds available for hospital purposes. (b) The county or the municipality by resolution ...
• Texas Health & Safety Code Section 265.040 - Authority To Issue Revenue Bonds
  (a) The board may issue revenue bonds to perform any power, duty, or function under this subchapter. The issuance must be approved by resolution by ...
• Texas Health & Safety Code Section 265.041 - Terms Of Bonds
  (a) The revenue bonds may mature serially or otherwise not more than 40 years after they are issued. The bonds may bear interest at a ...
• Texas Health & Safety Code Section 265.042 - Pledge Of Security
  (a) The revenue bonds may be payable from, and secured by a pledge of, all or part of the revenues, income, or resources of the ...
• Texas Health & Safety Code Section 265.043 - Sale And Use Of Proceeds
  (a) The revenue bonds may be sold at public or private sale at a price and under terms determined by the directors. The bonds may ...
• Texas Health & Safety Code Section 265.044 - Parity And Subordinate Lien Bonds
  The directors may provide in the authorization of the revenue bonds for the subsequent issuance of additional parity bonds or subordinate lien bonds under terms ...
• Texas Health & Safety Code Section 265.045 - Notice; Petition For Election
  (a) Before the directors authorize the issuance of bonds other than refunding bonds, the directors shall prepare and publish a notice of: (1) its intention ...
• Texas Health & Safety Code Section 265.046 - Refunding Bonds
  Any bonds issued under this subchapter may be refunded by the issuance of refunding bonds in the manner provided by this subchapter for the issuance ...
• Texas Health & Safety Code Section 265.047 - Examination, Approval, And Registration Of Bonds
  (a) The board shall submit to the attorney general for examination the bonds issued under this subchapter and the proceedings authorizing their issuance. (b) The ...
• Texas Health & Safety Code Section 265.048 - Legal Investments; Security For Deposits
  (a) Bonds issued under this subchapter are legal and authorized investments for: (1) a bank; (2) a savings bank; (3) a trust company; (4) a ...
• Texas Health & Safety Code Section 265.049 - Charges For Services And Facilities
  The board shall operate its hospital facilities for the use and benefit of the public, but shall establish and collect charges for services and facilities ...
• Texas Health & Safety Code Section 265.050 - Depository
  The board may: (1) select a depository in the same manner that a municipality or county may select a depository under Chapter 105 or Chapter ...
• Texas Health & Safety Code Section 265.051 - Investment Of Funds
  (a) The law relating to security for and investment of municipal or county funds applies to hospital board funds. A bond resolution or trust indenture ...
• Texas Health & Safety Code Section 265.052 - Eminent Domain
  (a) The hospital board may acquire the fee simple title to or any other interest in land and other property by condemnation under Chapter 21, ...
• Texas Health & Safety Code Section 265.071 - Official Action
  (a) The commissioners court by order and the governing body of a municipality by ordinance may order the sale, lease, or closing of all or ...
• Texas Health & Safety Code Section 265.072 - Petition And Election
  (a) A petition requesting an election on the sale or closing of the hospital may be presented to the commissioners court and the municipal governing ...
• Texas Health & Safety Code Section 281.001 - Definitions
  In this chapter: (1) "Board" means the board of hospital managers of a district. (2) "District" means a hospital district created under this chapter. Acts ...
• Texas Health & Safety Code Section 281.002 - District Authorization
  (a) A county with at least 190,000 inhabitants that does not own or operate a hospital system for indigent or needy persons may create a ...
• Texas Health & Safety Code Section 281.003 - Creation Election Required
  (a) The district may be created only if the creation is approved by a majority of the qualified voters of the county in which the ...
• Texas Health & Safety Code Section 281.004 - Ballot Propositions
  (a) Except as provided by Subsection (a-1) or (b), the ballot for an election under this chapter shall be printed to provide for voting for ...
• Texas Health & Safety Code Section 281.021 - Appointment Of Board
  (a) The commissioners court of a county in which a district is created under this chapter shall appoint a board of hospital managers composed of ...
• Texas Health & Safety Code Section 281.022 - Term
  (a) A board member serves a two-year term, except that the commissioners court may make some initial appointments for one year in order to stagger ...
• Texas Health & Safety Code Section 281.023 - Officers
  (a) The board shall elect from among its members: (1) a chairman; and (2) a vice-chairman to preside in the chairman's absence. (b) The board ...
• Texas Health & Safety Code Section 281.024 - Compensation
  A board member serves without compensation. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 281.025 - Record Of Board Meeting
  (a) The board shall require the secretary to keep a suitable record of each board meeting. (b) The presiding member shall read and sign the ...
• Texas Health & Safety Code Section 281.026 - Administrator; Duties
  (a) The board shall appoint a person qualified by training and experience as the administrator for the district. (b) The administrator serves at the will ...
• Texas Health & Safety Code Section 281.027 - Assistant Administrator
  (a) If the administrator is incapacitated, absent, or unable to perform the administrator's duties, the board may designate an assistant administrator to perform any of ...
• Texas Health & Safety Code Section 281.028 - Staff
  (a) The board may appoint doctors to the district's staff and hire technicians, nurses, and other employees the board considers advisable for the district's efficient ...
• Texas Health & Safety Code Section 281.029 - Retirement Programs
  (a) With the approval of the commissioners court, the board may contract with the state or the federal government as necessary to establish or continue ...
• Texas Health & Safety Code Section 281.030 - Seal
  The board shall have a seal engraved with the district's name. The seal shall be kept by the secretary and used to authenticate the board's ...
• Texas Health & Safety Code Section 281.041 - Transfer Of County And Municipal Hospital Property And Funds
  (a) Except as provided by Subsection (e), on the creation of a district under this chapter and the appointment and qualification of the district board, ...
• Texas Health & Safety Code Section 281.042 - Return Of Transferred Property To County Or Municipality
  (a) The board by deed may transfer to the county or a municipality any property that: (1) was transferred to the district by that county ...
• Texas Health & Safety Code Section 281.043 - Assumption Of Contract Obligations
  On the creation of the district, the district assumes, without prejudice to the rights of third parties, any outstanding contract obligations legally incurred by the ...
• Texas Health & Safety Code Section 281.044 - Assumption Of Bonded Indebtedness; Cancellation Of Unsold Municipal Or County Bonds
  (a) On the creation of the district, the district assumes: (1) any outstanding bonded indebtedness incurred by the county or municipality, or both, in the ...
• Texas Health & Safety Code Section 281.045 - Limitation On Taxing Power By Governmental Entity; Disposition Of Delinquent Taxes
  (a) On or after the creation of the district, the county or a municipality located in the district may not levy taxes for hospital purposes. ...
• Texas Health & Safety Code Section 281.046 - District Responsibility For Medical Aid And Hospital Care
  Beginning on the date on which taxes are collected for the district, the district assumes full responsibility for furnishing medical and hospital care for indigent ...
• Texas Health & Safety Code Section 281.0465 - Nursing Services For School Districts
  A hospital district may contract with a school district included in the hospital district to provide nursing services and assistance to employees or students of ...
• Texas Health & Safety Code Section 281.047 - Management, Control, And Administration
  The board shall manage, control, and administer the hospital or hospital system of the district. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. ...
• Texas Health & Safety Code Section 281.0475 - Renaming District
  (a) This section applies only to a district created in a county with a population of more than 800,000 that was not included in the ...
• Texas Health & Safety Code Section 281.048 - District Rules
  The board may adopt rules governing the operation of the hospital or hospital system. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, ...
• Texas Health & Safety Code Section 281.049 - Purchasing And Accounting Methods And Procedures
  (a) The commissioners court may prescribe: (1) the method of making purchases and expenditures by and for the district; and (2) accounting and control procedures ...
• Texas Health & Safety Code Section 281.050 - Powers Relating To District Property, Facilities, And Equipment
  With the approval of the commissioners court, the board may construct, condemn, acquire, lease, add to, maintain, operate, develop, regulate, sell, exchange, and convey any ...
• Texas Health & Safety Code Section 281.051 - Contracting Authority
  (a) With the approval of the commissioners court, the board may, in performing its powers under Section 281.050, contract or cooperate with: (1) the federal ...
• Texas Health & Safety Code Section 281.0514 - Harris County Hospital District; Contract With Certain Hospitals
  (a) The Harris County Hospital District may contract for indigent health care services with at least one hospital that is: (1) located in the district; ...
• Texas Health & Safety Code Section 281.0515 - Procedures For Health Maintenance Organization
  A district may establish a health maintenance organization in accordance with the Texas Health Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance Code) to provide ...
• Texas Health & Safety Code Section 281.0517 - Integrated Health Care System
  (a) In this section: (1) "Integrated health care system" means a nonprofit corporation established and operated by a district and a medical school to provide ...
• Texas Health & Safety Code Section 281.052 - County Authority To Sell, Lease, And Purchase Facilities For District Purposes
  (a) The commissioners court of a county in which a district is created under this chapter may sell real or personal property in order to ...
• Texas Health & Safety Code Section 281.053 - District Inspections
  (a) The district may be inspected by a representative of the commissioners court, the Texas Board of Health, or the Texas Department of Human Services. ...
• Texas Health & Safety Code Section 281.054 - Eminent Domain
  (a) The district has the power of eminent domain to acquire any interest in real, personal, or mixed property located in the district if the ...
• Texas Health & Safety Code Section 281.055 - Gifts And Endowments
  On behalf of the district, the board may accept gifts and endowments to be held in trust and administered by the board for the purposes ...
• Texas Health & Safety Code Section 281.056 - Authority To Sue And Be Sued; Legal Representation
  (a) The board may sue and be sued. A health care liability claim, as defined by Section 74.001, Civil Practice and Remedies Code, may be ...
• Texas Health & Safety Code Section 281.0565 - Charitable Organizations
  (a) In this section, "charitable organization" means an organization that is exempt from federal income tax under Section 501(a) of the Internal Revenue Code of ...
• Texas Health & Safety Code Section 281.057 - Employment Of District Peace Officers
  (a) The board of the Dallas County Hospital District, the Tarrant County Hospital District, or the Bexar County Hospital District may employ and commission peace ...
• Texas Health & Safety Code Section 281.071 - Payment And Support
  (a) The administrator shall inquire into a patient's circumstances and the circumstances of the patient's relatives legally responsible for the patient's support if the patient ...
• Texas Health & Safety Code Section 281.072 - Reimbursement For Services
  The board shall require reimbursement from a county, municipality, or public hospital located outside the boundaries of the district for the district's care and treatment ...
• Texas Health & Safety Code Section 281.073 - Disposition Of District Records
  (a) The preservation, microfilming, destruction, or other disposition of the records of a district is subject to Subtitle C, Title 6, Local Government Code. (b) ...
• Texas Health & Safety Code Section 281.091 - Budget
  (a) The administrator shall prepare an annual budget under the board's direction. (b) The budget and budget revisions must be approved by the board and ...
• Texas Health & Safety Code Section 281.092 - Administrator's Report
  (a) As soon as practicable after the close of the fiscal year, the administrator shall make a report to the board, commissioners court, Texas Board ...
• Texas Health & Safety Code Section 281.093 - Depository
  (a) Not later than the 30th day after the appointment of the board, the board shall: (1) select a depository for district funds in the ...
• Texas Health & Safety Code Section 281.094 - Use Of Certain Funds By The Nueces County Hospital District
  (a) With the approval of the Nueces County Commissioners Court, the board of the Nueces County Hospital District may use funds made available to the ...
• Texas Health & Safety Code Section 281.095 - Prohibition Against Participation In Tax Increment Financing By Certain Hospital Districts
  (a) In this section, "district" means Bexar County Hospital District, Nueces County Hospital District, El Paso County Hospital District, or Harris County Hospital District. (b) ...
• Texas Health & Safety Code Section 281.096 - Authority To Take Actions Relating To Ad Valorem Taxes
  (a) With respect to the imposition or collection of an ad valorem tax imposed for the benefit of a hospital district, the commissioners court of ...
• Texas Health & Safety Code Section 281.101 - General Obligation Bonds
  The commissioners court, in the district's name and on the district's faith and credit, may issue and sell bonds to acquire, construct, equip, or enlarge ...
• Texas Health & Safety Code Section 281.102 - Bond Election
  (a) The district may not issue bonds, excluding refunding bonds, unless the bonds are authorized by a majority of the qualified voters of the district ...
• Texas Health & Safety Code Section 281.103 - Refunding Bonds
  (a) Refunding bonds of the district may be issued to refund and pay any outstanding bonded indebtedness of the district, including assumed bonded indebtedness. (b) ...
• Texas Health & Safety Code Section 281.104 - Execution Of Bonds
  The county judge of the county in which the district is created shall execute the bonds in the name of the district, and the county ...
• Texas Health & Safety Code Section 281.105 - Approval And Registration Of Bonds
  (a) District bonds are subject to the same requirements with regard to approval by the attorney general and registration by the comptroller as the law ...
• Texas Health & Safety Code Section 281.106 - Authority To Issue Certificates Of Obligation
  With the approval of the commissioners court, the board may issue certificates of obligation in accordance with Subchapter C, Chapter 271, Local Government Code, for ...
• Texas Health & Safety Code Section 281.107 - Alternative Financing And Election Procedures
  (a) This section is applicable to any hospital district that was created pursuant to the authority granted by Section 4, Article IX, Texas Constitution, is ...
• Texas Health & Safety Code Section 281.121 - Taxes To Pay Bonds And Certificates Of Obligation; Tax Assessment And Collection
  (a) When the district issues bonds or certificates of obligation payable from and secured by taxes under this chapter, the commissioners court shall impose a ...
• Texas Health & Safety Code Section 281.122 - Reduction In Ad Valorem Tax Rate By Governmental Entity
  (a) This section applies only to a district created in a county with a population of more than 800,000 that was not included in the ...
• Texas Health & Safety Code Section 281.123 - Sales And Use Tax Prohibited For Certain Districts
  (a) This section applies only to a district created in a county with a population of more than 800,000 that was not included in the ...
• Texas Health & Safety Code Section 282.001 - Definitions
  In this chapter: (1) "Board" means the board of trustees of a district. (2) "District" means a hospital district created under this chapter. Acts 1989, ...
• Texas Health & Safety Code Section 282.002 - District Authorization
  (a) The commissioners court of a county with a population of 75,000 or less and an assessed property valuation of at least $200,000,000 may create ...
• Texas Health & Safety Code Section 282.003 - Creation Election Required
  The creation of the district must be approved by a majority of the qualified voters of the area of the proposed district who vote at ...
• Texas Health & Safety Code Section 282.004 - Petition For Election
  (a) To propose the establishment of a district: (1) a petition for a creation election signed by at least five percent of the qualified property ...
• Texas Health & Safety Code Section 282.005 - Hearing; Election Order
  (a) When the petition is presented to the commissioners court, the commissioners court shall: (1) set a date for a hearing on the petition at ...
• Texas Health & Safety Code Section 282.006 - Election Costs; Disposition Of Deposit
  (a) The county clerk shall retain the amount deposited under Section 282.004(a) until the commissioners court declares the election results. (b) If at the election ...
• Texas Health & Safety Code Section 282.021 - Election Of Board
  (a) Board members shall be elected from the district at large. (b) Initial board members shall be elected at the district creation election. (c) A ...
• Texas Health & Safety Code Section 282.0211 - Optional Four-Year Terms
  (a) The board may, on its own motion, order that board members are to be elected in even-numbered years to serve staggered four-year terms. (b) ...
• Texas Health & Safety Code Section 282.022 - Oath And Bond
  (a) Before assuming the duties of office on the board, each district board member elect must: (1) take and subscribe an oath before the county ...
• Texas Health & Safety Code Section 282.023 - Compensation
  A board member serves without compensation but is entitled to reimbursement for actual expenses incurred in the performance of official duties. Acts 1989, 71st Leg., ...
• Texas Health & Safety Code Section 282.024 - Officers
  The board shall elect from among its members a chairman, a secretary, and other officers the board considers appropriate. Acts 1989, 71st Leg., ch. 678, ...
• Texas Health & Safety Code Section 282.025 - Quorum; Meeting Procedure And Record
  (a) Three board members constitute a quorum. (b) All board proceedings shall be by motion or resolution and shall be recorded in a book kept ...
• Texas Health & Safety Code Section 282.026 - Seal
  The board shall adopt an official seal. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 282.027 - Superintendent; Duties
  (a) The board shall appoint a superintendent to serve as the district's chief administrator. (b) The superintendent serves at the will of the board and ...
• Texas Health & Safety Code Section 282.028 - Other Officers And District Employees
  (a) The board shall appoint other district officers that the board considers necessary. (b) A person appointed under Subsection (a) serves at the will of ...
• Texas Health & Safety Code Section 282.041 - Management, Control, And Administration
  (a) The board shall manage, control, and administer the district. (b) The board is a corporate body in the name of the "____________ County Public ...
• Texas Health & Safety Code Section 282.042 - District Rules
  The board may adopt rules and bylaws the board considers proper. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 282.043 - Powers Relating To District Property, Facilities, And Equipment
  (a) On the district's behalf, the board may hold, construct, condemn, purchase, acquire, lease, add to, maintain, operate, develop, regulate, sell, and convey land, property, ...
• Texas Health & Safety Code Section 282.044 - Contracting Authority
  (a) In performing its powers under this subchapter the board may contract with: (1) the federal government; (2) this state; (3) a municipality; and (4) ...
• Texas Health & Safety Code Section 282.045 - Purchasing Procedures
  The district is subject to the County Purchasing Act (Subchapter C, Chapter 262, Local Government Code), and the board shall comply with the competitive bidding ...
• Texas Health & Safety Code Section 282.046 - Eminent Domain
  (a) On a resolution by the board, the district may exercise the power of eminent domain for the acquisition of property necessary to carry out ...
• Texas Health & Safety Code Section 282.047 - Gifts And Endowments
  The board may accept bequests and contributions on behalf of the district. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 282.048 - Authority To Sue And Be Sued; District Liability
  (a) The board may sue and be sued on behalf of the district. (b) A suit against the district must be brought in the county ...
• Texas Health & Safety Code Section 282.049 - Other Board Powers
  The board may: (1) promote health in the district; (2) print and publish information; and (3) do any other thing necessary to the performance of ...
• Texas Health & Safety Code Section 282.050 - Provision Of Hospital Services
  (a) The district shall provide adequate hospital services for the district. A person who resides in the district is entitled to receive those services at ...
• Texas Health & Safety Code Section 282.061 - Annual Report
  (a) Not later than June 1 of each year, the board shall prepare and file with the commissioners court a full, detailed report of the ...
• Texas Health & Safety Code Section 282.062 - Treasurer
  (a) The county treasurer of the county in which the district is located serves as treasurer of the construction and maintenance fund and the interest ...
• Texas Health & Safety Code Section 282.063 - District Funds; Investment Of Funds
  (a) The treasurer shall maintain a construction and maintenance fund and an interest and sinking fund for the district and shall place money in those ...
• Texas Health & Safety Code Section 282.064 - Fiscal Year
  (a) The district operates on the fiscal year established by the board. (b) The fiscal year may not be changed if revenue bonds of the ...
• Texas Health & Safety Code Section 282.065 - Annual Audit; Open Records
  (a) The board annually shall have an audit made of the financial condition of the district. (b) The audit and other district records are open ...
• Texas Health & Safety Code Section 282.071 - General Obligation Bonds
  The commissioners court may issue and sell bonds in the district's name and on the district's faith and credit to acquire or construct hospital buildings ...
• Texas Health & Safety Code Section 282.072 - Interest, Maturity, And Denomination
  (a) District bonds mature not more than 30 years after their date and bear interest at a rate ordered by the commissioners court but not ...
• Texas Health & Safety Code Section 282.073 - Execution Of Bonds
  The county judge shall sign the bonds, and the county clerk shall attest the signature and place the seal of the court on the bonds. ...
• Texas Health & Safety Code Section 282.074 - Approval And Registration Of Bonds
  (a) Before the bonds are offered for sale, the district shall forward to the attorney general: (1) a copy of the bonds to be issued; ...
• Texas Health & Safety Code Section 282.075 - Bond Record Book
  (a) Before issuing the bonds, the commissioners court shall provide to the county clerk a well-bound book in which the clerk shall record all bonds ...
• Texas Health & Safety Code Section 282.076 - Compensation Of County Clerk
  For recording services provided to the district, the county clerk is entitled to receive fees as provided by Chapter 118, Local Government Code. Acts 1989, ...
• Texas Health & Safety Code Section 282.077 - Bond Of County Judge
  (a) When the bonds are registered, the county judge shall execute a good and sufficient bond, approved by the board and payable to the board, ...
• Texas Health & Safety Code Section 282.078 - Sale Of The Bonds
  (a) When the bonds are registered, the county judge, under the direction of the commissioners court, shall advertise and sell the bonds on the best ...
• Texas Health & Safety Code Section 282.079 - Disposition Of Unneeded Bonds
  With the consent of the commissioners court made of record, bonds that are not required for the purpose for which they were voted may be ...
• Texas Health & Safety Code Section 282.080 - Additional Bond Issue And Election
  (a) The board shall certify to the commissioners court the necessity for an additional bond issue if: (1) the proceeds of the original bond issue ...
• Texas Health & Safety Code Section 282.081 - Change In Use Of Bond Proceeds After Bond Issuance
  (a) After the issuance of bonds, the board may change the use of the bond proceeds to include a change or improvement to the district ...
• Texas Health & Safety Code Section 282.101 - Taxes To Pay Bonds
  (a) When the bonds have been approved by the voters at the election authorizing the levy of taxes, the commissioners court shall impose a property ...
• Texas Health & Safety Code Section 282.102 - Tax Assessor-Collector
  (a) The county tax assessor-collector shall levy and collect taxes for the district. (b) After receiving a petition of at least five percent of the ...
• Texas Health & Safety Code Section 282.121 - Authority To Convert
  A district created in accordance with this chapter may be converted into a district operating under Article IX, Section 9, of the Texas Constitution. Added ...
• Texas Health & Safety Code Section 282.122 - Conversion Hearing And Election
  (a) A district may be converted under this subchapter only if the conversion is approved by a majority of the qualified voters of the district ...
• Texas Health & Safety Code Section 282.123 - Ballot Proposition
  The ballot for the election shall be printed to permit voting for or against the proposition: "The conversion of the __________ County Public Hospital District ...
• Texas Health & Safety Code Section 282.124 - Effective Date Of Conversion
  If a majority of the qualified voters participating in the election vote in favor of the proposition, the conversion becomes effective on the 30th day ...
• Texas Health & Safety Code Section 282.125 - Responsibility Of County
  On conversion of a district under this subchapter, the county in which the district is located shall convey or transfer to the district: (1) money ...
• Texas Health & Safety Code Section 282.126 - District Responsibilities
  On conversion of the district under this subchapter, the district assumes any outstanding indebtedness incurred by the county under Subchapter E. Added by Acts 1991, ...
• Texas Health & Safety Code Section 282.127 - Effect Of Conversion
  (a) A district converted under this subchapter is governed by Article IX, Section 9, of the Texas Constitution and by Chapter 206, Acts of the ...
• Texas Health & Safety Code Section 283.001 - Short Title
  This Act may be cited as the Optional Hospital District Law of 1957. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 283.002 - Definitions
  In this chapter: (1) "Board" means the board of hospital managers of a district. (2) "District" means a hospital district created under this chapter. Acts ...
• Texas Health & Safety Code Section 283.003 - District Authorization
  (a) A county authorized to establish a hospital district under Article IX, Section 4, of the Texas Constitution may create a hospital district and provide ...
• Texas Health & Safety Code Section 283.004 - Creation Election Required
  (a) The district may be created only if the creation is approved by a majority of the qualified voters of the county in which the ...
• Texas Health & Safety Code Section 283.005 - Ballot Propositions
  (a) Except as provided by Subsection (b), the ballot for an election under this subchapter shall be printed to provide for voting for or against ...
• Texas Health & Safety Code Section 283.021 - District Board; Officers
  (a) The commissioners court of a county in which a district is created under this chapter serves as the district board of hospital managers. (b) ...
• Texas Health & Safety Code Section 283.022 - Compensation
  A board member serves without compensation other than the compensation provided by law for a county judge or a commissioner. Acts 1989, 71st Leg., ch. ...
• Texas Health & Safety Code Section 283.023 - Record Of Board Meeting
  The secretary shall keep a suitable record of each board meeting. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 283.024 - Administrator; Duties
  (a) The board shall appoint an administrator for the district. The person must be qualified by training and experience. (b) The administrator holds an office ...
• Texas Health & Safety Code Section 283.025 - Assistant Administrator
  (a) If the administrator is absent or unable to perform any of the administrator's duties, the board may designate an assistant administrator to perform any ...
• Texas Health & Safety Code Section 283.026 - Staff
  (a) The board may hire doctors, technicians, nurses, and other employees the board considers advisable for the district's efficient operation. (b) An employment contract may ...
• Texas Health & Safety Code Section 283.027 - Retirement Programs
  The commissioners court may include district employees in: (1) an existing county employees' pension or retirement program; or (2) an employees' pension or retirement program ...
• Texas Health & Safety Code Section 283.028 - Seal
  The commissioners court's seal is the district seal. The seal shall be used to authenticate the board's acts. Acts 1989, 71st Leg., ch. 678, § ...
• Texas Health & Safety Code Section 283.041 - Transfer Of County And Municipal Hospital Property And Funds
  (a) On the creation of a district under this chapter and the appointment and qualification of the district board, the county owning a hospital or ...
• Texas Health & Safety Code Section 283.042 - Assumption Of Contract Obligations
  On the creation of the district, the district assumes without prejudice to the rights of third parties any outstanding contract obligations legally incurred by the ...
• Texas Health & Safety Code Section 283.043 - Assumption Of Bonded Indebtedness; Cancellation Of Unsold Municipal Or County Bonds
  (a) On the creation of the district, the district assumes: (1) any outstanding bonded indebtedness incurred by the county or municipality, or both, in the ...
• Texas Health & Safety Code Section 283.044 - Limitation On Taxing Power By Governmental Entity; Disposition Of Delinquent Taxes
  (a) On or after the creation of the district, the county or a municipality located in the district may not levy taxes for hospital purposes. ...
• Texas Health & Safety Code Section 283.045 - District Responsibility For Medical Aid And Hospital Care
  The district assumes full responsibility for furnishing medical and hospital care for indigent and needy persons residing in the district. Acts 1989, 71st Leg., ch. ...
• Texas Health & Safety Code Section 283.046 - Management, Control, And Administration
  The board shall manage, control, and administer the hospital or hospital system of the district. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. ...
• Texas Health & Safety Code Section 283.047 - District Rules
  The board may adopt rules governing the operation of the hospital or hospital system. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, ...
• Texas Health & Safety Code Section 283.048 - Purchasing And Accounting Methods And Procedures
  (a) The commissioners court may prescribe: (1) the method of making purchases and expenditures by and for the district; and (2) accounting and control procedures ...
• Texas Health & Safety Code Section 283.049 - District Inspections
  (a) The district facilities may be inspected by a representative of the Texas Board of Health or any other state board authorized to supervise a ...
• Texas Health & Safety Code Section 283.050 - Eminent Domain
  (a) The district may exercise the power of eminent domain to acquire by condemnation a fee simple or other interest in real, personal, or mixed ...
• Texas Health & Safety Code Section 283.051 - Gifts And Endowments
  (a) On behalf of the district, the board may accept gifts and endowments to be held in trust and administered by the board for the ...
• Texas Health & Safety Code Section 283.052 - Authority To Sue And Be Sued; Legal Representation
  (a) The board may sue and be sued. (b) The county attorney, district attorney, or criminal district attorney, as appropriate, with the duty to represent ...
• Texas Health & Safety Code Section 283.071 - Admission Criteria And Payment; Criminal Penalty
  (a) The board shall enter an order in district records defining "indigent or needy person" for the purpose of determining qualifications for admission to district ...
• Texas Health & Safety Code Section 283.081 - Budget
  (a) The administrator shall prepare an annual budget. (b) The budget and all budget revisions shall be approved by the commissioners court. Acts 1989, 71st ...
• Texas Health & Safety Code Section 283.082 - Administrator's Report
  (a) As soon as practicable after the close of the fiscal year, the administrator shall make a report to the commissioners court, Texas Board of ...
• Texas Health & Safety Code Section 283.083 - Depository
  (a) Not later than the 30th day after the appointment of the board, the board shall: (1) select a depository for district funds in the ...
• Texas Health & Safety Code Section 283.101 - General Obligation Bonds
  The commissioners court may issue and sell bonds in the district's name and on the district's faith and credit to acquire, purchase, construct, equip, or ...
• Texas Health & Safety Code Section 283.102 - Bond Election
  (a) A bond election may be held at any time the commissioners court considers advisable, except that it may not be held within two years ...
• Texas Health & Safety Code Section 283.103 - Refunding Bonds
  (a) Refunding bonds of the district may be issued to refund outstanding bonded indebtedness the district has issued or assumed. (b) The bonds must be ...
• Texas Health & Safety Code Section 283.104 - Execution Of Bonds
  The county judge of the county in which the district is created shall execute the bonds in the name of the district, and the county ...
• Texas Health & Safety Code Section 283.105 - Approval And Registration Of Bonds
  (a) District bonds must be approved by the attorney general and registered by the comptroller subject to the same requirements for approval and registration of ...
• Texas Health & Safety Code Section 283.121 - Tax Assessment And Collection
  (a) If the district has issued or assumed bonds payable from taxes, the commissioners court shall impose a tax for the benefit of the district ...
• Texas Health & Safety Code Section 283.122 - Election To Increase Tax Amount
  (a) The tax rate approved in the creation of the district may be increased only if the increase is approved by a majority of the ...
• Texas Health & Safety Code Section 283.123 - Ballot Proposition For Tax Increase
  The ballot for a tax increase under this subchapter shall be printed to provide for voting for or against the proposition: "The increase of the ...
• Texas Health & Safety Code Section 283.131 - District Conversion Authority
  A hospital district created in accordance with Chapter 281 may be converted into a district subject to this chapter, or a district created in accordance ...
• Texas Health & Safety Code Section 283.132 - Conversion Election Required
  (a) A district may be converted under this subchapter only if the conversion is approved by a majority of the qualified voters of the county ...
• Texas Health & Safety Code Section 283.133 - Ballot Propositions
  (a) The ballot for the election held to determine the question of conversion of a district created under this chapter shall be printed to provide ...
• Texas Health & Safety Code Section 283.134 - Effective Date Of Conversion
  If a majority of the qualified voters participating in the election vote in favor of the proposition, the conversion becomes effective on the 30th day ...
• Texas Health & Safety Code Section 283.135 - Effect Of Conversion
  (a) The district's identity is not affected by the conversion, and the district is liable for all outstanding debts and obligations assumed or incurred by ...
• Texas Health & Safety Code Section 283.136 - Limitation On Further Elections
  (a) If the proposition fails to carry at the conversion election, the district may not hold another election on the proposition for two years after ...
• Texas Health & Safety Code Section 284.001 - Authority To Issue; Form Of Bonds
  (a) The commissioners court of a county with a population of at least 200,000 in which a hospital district has been created in accordance with ...
• Texas Health & Safety Code Section 284.002 - Terms
  (a) The bonds must mature serially or otherwise not more than 40 years after the date they are issued. (b) The bonds may be: (1) ...
• Texas Health & Safety Code Section 284.003 - Approval And Registration Of Bonds
  (a) The commissioners court shall submit the bonds and the proceedings authorizing their issuance to the attorney general for examination. If the attorney general finds ...
• Texas Health & Safety Code Section 284.004 - Security
  (a) The commissioners court may make bonds issued under this subchapter payable from and secured by a lien on or pledge of all or part ...
• Texas Health & Safety Code Section 284.005 - Sale Of Bonds; Use Of Proceeds
  (a) The bonds may be sold in the manner, at the price, and under the terms determined and provided by the commissioners court in the ...
• Texas Health & Safety Code Section 284.006 - Investment Of Bond Proceeds
  Proceeds from the sale of bonds may be invested until needed to the extent and in the manner provided by the bond order. Acts 1989, ...
• Texas Health & Safety Code Section 284.007 - Legal Investments
  The bonds are legal and authorized investments for: (1) a bank; (2) a trust company; (3) a savings and loan association; (4) an insurance company; ...
• Texas Health & Safety Code Section 284.008 - Security For Deposits
  The bonds are eligible to secure deposits of public funds of the state or of a municipality, county, school district, or other political subdivision of ...
• Texas Health & Safety Code Section 284.009 - Authority To Issue Subsequent Bonds
  In the authorization of bonds under Section 284.001, the commissioners court may provide for the subsequent issuance of additional parity, subordinate lien, or other bonds, ...
• Texas Health & Safety Code Section 284.010 - Refunding Bonds And Refinancing
  (a) Revenue bonds issued by the commissioners court under this subchapter or under any other statute of this state and payable from hospital facility revenue ...
• Texas Health & Safety Code Section 284.011 - Taxes To Pay Operating And Maintenance Expenses
  (a) Ad valorem taxes of the hospital district shall be used to pay hospital facility operation and maintenance expenses to the extent that hospital facility ...
• Texas Health & Safety Code Section 284.012 - Authority Of District Governing Body In Absence Of Ad Valorem Tax
  If a hospital district created under Article IX of the Texas Constitution does not have ad valorem taxes levied on behalf of the district by ...
• Texas Health & Safety Code Section 284.013 - Annual Budget
  (a) The commissioners court, board of hospital managers, or hospital district board of directors shall provide in each annual hospital district budget for the payment ...
• Texas Health & Safety Code Section 284.014 - Authority To Charge For Hospital Services
  (a) The commissioners court, board of hospital managers, or hospital district board of directors may fix and collect charges for the occupancy or use of ...
• Texas Health & Safety Code Section 284.015 - Use Of Other Law
  A commissioners court may use other law not in conflict with this chapter to the extent convenient or necessary to carry out any power expressly ...
• Texas Health & Safety Code Section 284.031 - Authority To Issue
  (a) A hospital district created in accordance with Article IX, Section 9, of the Texas Constitution may issue revenue bonds to: (1) acquire, construct, repair, ...
• Texas Health & Safety Code Section 284.041 - Bond Elections For Revenue Bonds
  (a) The commissioners court of a county authorized by law to issue revenue bonds on behalf of a hospital district in the county may, on ...
• Texas Health & Safety Code Section 285.001 - Definition
  In this subchapter, "bond" includes a note. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 285.002 - Applicability Of Subchapter
  This subchapter applies only to a county having: (1) a population of at least 650,000; and (2) a countywide hospital district that: (A) has taxes ...
• Texas Health & Safety Code Section 285.003 - Authority To Make Revenue Anticipation Agreement
  (a) The commissioners court of the county may make a revenue anticipation agreement with a person, including a bank or other financial institution, on the ...
• Texas Health & Safety Code Section 285.004 - Terms
  (a) Subject to this section, the parties to a revenue anticipation agreement determine its terms. (b) The term of the revenue anticipation agreement may not ...
• Texas Health & Safety Code Section 285.005 - Refunding Prohibited; Repayment Required
  (a) An advance may not be refunded, refinanced, or extended. (b) When district revenues are received, the commissioners court shall apply them to the payment ...
• Texas Health & Safety Code Section 285.006 - Security; Default Of Repayment
  (a) An advance under a revenue anticipation agreement is secured by and payable from: (1) a pledge of and lien on district revenue from the ...
• Texas Health & Safety Code Section 285.007 - Limitation On Use Of Proceeds; Audit
  (a) An advance under a revenue anticipation agreement may be used only for the purposes authorized by this subchapter. (b) It is not a defense ...
• Texas Health & Safety Code Section 285.008 - Bonds
  (a) In a revenue anticipation agreement, the commissioners court may promise to execute and deliver, concurrently with the making of advances under the agreement, interest-bearing ...
• Texas Health & Safety Code Section 285.009 - Taxes To Secure Bonds
  (a) The commissioners court may pay and secure the principal of and interest on bonds issued under this subchapter with annual ad valorem taxes imposed ...
• Texas Health & Safety Code Section 285.021 - Definitions
  In this subchapter: (1) "Bond order" means the order authorizing the issuance of revenue bonds. (2) "Parking station" means a lot, an area, or a ...
• Texas Health & Safety Code Section 285.022 - Authority To Construct, Improve, Operate, And Lease Parking Station
  (a) A hospital district located in a county with a population of more than 900,000 may construct, enlarge, furnish, equip, operate, or lease a parking ...
• Texas Health & Safety Code Section 285.023 - Authority To Issue Revenue Bonds; Security
  (a) The commissioners court may issue revenue bonds on behalf of the hospital district to pay the costs to construct, enlarge, furnish, or equip the ...
• Texas Health & Safety Code Section 285.024 - Form And Execution Of Bonds
  The bonds must: (1) be negotiable; (2) be signed by the county judge; (3) be countersigned by the county clerk; (4) be registered by the ...
• Texas Health & Safety Code Section 285.025 - Terms
  (a) Bonds issued under this subchapter must mature serially or otherwise not more than 40 years after they are issued. The bonds may: (1) be ...
• Texas Health & Safety Code Section 285.026 - Approval And Registration Of Bonds
  (a) The county must submit to the attorney general bonds issued under this subchapter and the record relating to the issuance of those bonds. (b) ...
• Texas Health & Safety Code Section 285.027 - Other Bonds
  (a) Bonds constituting a junior lien on the net revenues may be issued unless prohibited by the bond order or the trust indenture. (b) Parity ...
• Texas Health & Safety Code Section 285.028 - Use Of Proceeds; Initial Costs
  An amount necessary for the payment of not more than two years' interest on the bonds and an amount estimated by the commissioners court to ...
• Texas Health & Safety Code Section 285.029 - Change For District Services
  The hospital district shall charge sufficient rentals or rates for services rendered by the parking station to produce revenues sufficient to: (1) pay all expenses ...
• Texas Health & Safety Code Section 285.030 - Procedures For Station Operation
  The bond order or trust indenture may prescribe procedures for the operation of the parking station. Acts 1989, 71st Leg., ch. 678, § 1, eff. ...
• Texas Health & Safety Code Section 285.041 - Appointment Of Tax Assessor And Collector
  A hospital district created under Article IX, Section 9, of the Texas Constitution may appoint a tax assessor and collector for the district. Acts 1989, ...
• Texas Health & Safety Code Section 285.051 - Authority Of Governing Body
  (a) The governing body of a hospital district by resolution may order the sale, lease, or closing of all or part of a hospital owned ...
• Texas Health & Safety Code Section 285.052 - Petition; Election
  (a) The governing body of the hospital district shall order and conduct an election on the sale or closing of a hospital if, before the ...
• Texas Health & Safety Code Section 285.061 - Tax Authorized; Tax Rates
  (a) A hospital district that is authorized to impose ad valorem taxes may adopt a sales and use tax to lower the district's ad valorem ...
• Texas Health & Safety Code Section 285.062 - Tax Election Procedures
  (a) Except as otherwise provided by this subchapter, an election to adopt or abolish the tax or to change the rate of the tax is ...
• Texas Health & Safety Code Section 285.063 - Effective Date Of Tax Or Tax Change; Boundary Change
  (a) The adoption or abolition of the tax or change in the tax rate takes effect on the first day of the first calendar quarter ...
• Texas Health & Safety Code Section 285.064 - Use Of Tax Revenue
  Revenue from the tax may be used for any purpose for which ad valorem tax revenue of the district may be used. Added by Acts ...
• Texas Health & Safety Code Section 285.071 - Definition
  In this chapter, "hospital district management contractor" means a nonprofit corporation, partnership, or sole proprietorship that manages or operates a hospital or provides services under ...
• Texas Health & Safety Code Section 285.072 - Liability Of A Hospital District Management Contractor
  A hospital district management contractor in its management or operation of a hospital under a contract with a hospital district is considered a governmental unit ...
• Texas Health & Safety Code Section 285.081 - Terms
  (a) The governing board of a hospital district created under general or special law may, on its own motion, order that the members of the ...
• Texas Health & Safety Code Section 285.091 - Hospital District Contracts, Collaborations, And Joint Ventures
  (a) A hospital district created under general or special law may contract, collaborate, or enter into a joint venture with any public or private entity ...
• Texas Health & Safety Code Section 285.101 - Facilities Or Services For Elderly Or Disabled
  (a) This subchapter applies only to a hospital, hospital district, or authority created and operated under Article IX, Texas Constitution, under a special law, or ...
• Texas Health & Safety Code Section 285.131 - Write-In Voting In Election For Board Members
  (a) In a general or special election for board members of a hospital district created under general or special law, a write-in vote may not ...
• Texas Health & Safety Code Section 285.151 - Assets Transferred On Dissolution
  Notwithstanding any general or special law, if a hospital district is dissolved and the money or other assets of the district are transferred to a ...
• Texas Health & Safety Code Section 285.161 - Tax Authorized
  (a) A majority of voters in a hospital district created under general or special law of which all or a majority of the territory is ...
• Texas Health & Safety Code Section 285.162 - Tax Rate; Change In Rate
  (a) A district may impose the tax in increments of one-eighth of one percent, with a minimum rate of one-eighth of one percent and a ...
• Texas Health & Safety Code Section 285.163 - Tax Election Procedures
  (a) An election is called by the adoption of a resolution by the governing body of the district. The governing body shall call an election ...
• Texas Health & Safety Code Section 285.164 - Election In Other Taxing Authority
  (a) In this section, "taxing authority" means any entity authorized to impose a local sales and use tax. (b) If a district or proposed district ...
• Texas Health & Safety Code Section 285.165 - Use Of Tax
  The taxes imposed may be used to pay: (1) the indebtedness issued or assumed by the district; and (2) the maintenance and operating expenses of ...
• Texas Health & Safety Code Section 285.166 - Effective Date
  (a) The adoption or abolition of the tax or a change in the rate of the tax takes effect on the first day of the ...
• Texas Health & Safety Code Section 285.167 - County Sales And Use Tax Act Applicable
  Except to the extent that a provision of this chapter applies, Chapter 323, Tax Code, applies to the tax authorized by this chapter in the ...
• Texas Health & Safety Code Section 285.201 - Provision Of Medical And Hospital Care
  As authorized by 8 U.S.C. Section 1621(d), this chapter affirmatively establishes eligibility for a person who would otherwise be ineligible under 8 U.S.C. Section 1621(a), ...
• Texas Health & Safety Code Section 285.231 - Election To Increase Maximum Tax Rate
  This section expires September 1, 2008 (a) Registered voters of a hospital district that is authorized to impose ad valorem taxes and that has ...
• Texas Health & Safety Code Section 285.232 - Expiration
  This section expires September 1, 2008 This subchapter expires September 1, 2008. Added by Acts 2003, 78th Leg., ch. 272, § 1, eff. June ...
• Texas Health & Safety Code Section 285.901 - Disposition Of Salvage And Surplus Property
  (a) In this section: (1) "Salvage property" has the meaning assigned by Section 263.151, Local Government Code. (2) "Surplus property" has the meaning assigned by ...
• Texas Health & Safety Code Section 286.001 - Definitions
  In this chapter: (1) "Board" means the board of directors of the district. (2) "District" means a hospital district created under this chapter. (3) "Director" ...
• Texas Health & Safety Code Section 286.002 - District Authorization
  A hospital district may be created and established and, if created, must be maintained, operated, and financed in the manner provided by Article IX, Section ...
• Texas Health & Safety Code Section 286.021 - Petition For Creation Of District
  (a) Before a district located wholly in one county may be created, the county judge of that county must receive a petition signed by at ...
• Texas Health & Safety Code Section 286.022 - Contents Of Petition
  (a) The petition prescribed by Section 286.021 must show: (1) that the district is to be created and is to operate under Article IX, Section ...
• Texas Health & Safety Code Section 286.023 - Filing Of Petition; Hearing; Ordering Election
  (a) If the petition is in proper form, the county judge shall receive the petition and shall file the petition with the county clerk. (b) ...
• Texas Health & Safety Code Section 286.0235 - Bond Proposition At Election
  (a) The petition prescribed by Section 286.021 may include a request that a proposition be submitted at the election to determine whether the board may ...
• Texas Health & Safety Code Section 286.024 - Election Order
  The order calling the election must state: (1) the nature of the election, including the proposition that is to appear on the ballot; (2) the ...
• Texas Health & Safety Code Section 286.025 - Notice
  (a) The commissioners court shall give notice of the election by publishing a substantial copy of the election order in a newspaper with general circulation ...
• Texas Health & Safety Code Section 286.026 - Ballot Proposition
  (a) The ballot for an election proposing to create a hospital district that imposes a property tax shall be printed to permit voting for or ...
• Texas Health & Safety Code Section 286.027 - Election Result
  (a) Except as provided in Subsections (b) and (c), a district is created and organized under this chapter if a majority of the votes cast ...
• Texas Health & Safety Code Section 286.028 - Commissioners Court Order
  When a district is created, the commissioners court of each county in which the district is located shall enter an order in its minutes that ...
• Texas Health & Safety Code Section 286.029 - Overlapping Districts
  (a) If the territory in one or more districts overlaps, the commissioners court of the county in which the most recently created district is located ...
• Texas Health & Safety Code Section 286.030 - Temporary Directors
  (a) On the date a commissioners court enters the order required by Section 286.028, the commissioners court shall also appoint the temporary directors of the ...
• Texas Health & Safety Code Section 286.041 - Board Of Directors
  The directors shall be elected in accordance with the petition prescribed by Section 286.021. Added by Acts 1991, 72nd Leg., ch. 14, § 121, eff. ...
• Texas Health & Safety Code Section 286.042 - Director's Election
  (a) The initial directors shall be elected at an election to be held on the first Saturday in May following the creation of the district. ...
• Texas Health & Safety Code Section 286.043 - Notice Of Election
  Before the 35th day before the date of an election of directors, notice of the election shall be published one time in a newspaper with ...
• Texas Health & Safety Code Section 286.044 - Petition
  (a) A person who wishes to have the person's name printed on the ballot as a candidate for director must file an application with the ...
• Texas Health & Safety Code Section 286.045 - Qualifications For Office
  (a) To be eligible to be a candidate for or to serve as a director, a person must be: (1) a resident of the district; ...
• Texas Health & Safety Code Section 286.046 - Bond
  (a) Before assuming the duties of the office, each director must execute a bond for $5,000 payable to the district, conditioned on the faithful performance ...
• Texas Health & Safety Code Section 286.047 - Board Vacancy
  A vacancy in the office of director shall be filled for the unexpired term by appointment by the remaining directors. Added by Acts 1991, 72nd ...
• Texas Health & Safety Code Section 286.048 - Officers
  (a) The board shall elect from among its members a president and a vice-president. (b) The board shall appoint a secretary who need not be ...
• Texas Health & Safety Code Section 286.049 - Officers' Terms; Vacancy
  (a) Each officer of the board serves for a term of one year. (b) The board shall fill a vacancy in a board office for ...
• Texas Health & Safety Code Section 286.050 - Compensation
  (a) Directors and officers serve without compensation but may be reimbursed for actual expenses incurred in the performance of official duties. (b) Expenses reimbursed under ...
• Texas Health & Safety Code Section 286.051 - Voting Requirement
  A majority of the members of the board voting must concur in a matter relating to the business of the district. Added by Acts 1991, ...
• Texas Health & Safety Code Section 286.052 - Administrator, Assistant Administrator, And Attorney
  (a) The board may appoint qualified persons as administrator of the district, assistant administrator, and attorney for the district. (b) The administrator, assistant administrator, and ...
• Texas Health & Safety Code Section 286.053 - Appointments To Staff
  The board may: (1) appoint to the staff any doctors the board considers necessary for the efficient operation of the district; and (2) make temporary ...
• Texas Health & Safety Code Section 286.054 - Technicians, Nurses, And Other District Employees
  (a) The district may employ technicians, nurses, fiscal agents, accountants, architects, additional attorneys, and other necessary employees. (b) The board may delegate to the administrator ...
• Texas Health & Safety Code Section 286.055 - General Duties Of Administrator
  The administrator shall: (1) supervise the work and activities of the district; and (2) direct the general affairs of the district, subject to the limitations ...
• Texas Health & Safety Code Section 286.056 - Retirement Benefits
  The board may provide retirement benefits for employees of the district by: (1) establishing or administering a retirement program; or (2) electing to participate in ...
• Texas Health & Safety Code Section 286.071 - Responsibility Of Governmental Entity
  On creation of a district, a county, municipality, or other governmental entity in which the district is located shall convey or transfer to the district: ...
• Texas Health & Safety Code Section 286.072 - Limitation On Governmental Entity
  On or after creation of the district, a county, municipality, or other governmental entity in which the district is located may not levy taxes or ...
• Texas Health & Safety Code Section 286.073 - District Responsibilities
  (a) On creation of a district, the district: (1) assumes full responsibility for operating hospital facilities and for furnishing medical and hospital care for the ...
• Texas Health & Safety Code Section 286.074 - Management, Control, And Administration
  The board shall manage, control, and administer the hospital system and the funds and resources of the district. Added by Acts 1991, 72nd Leg., ch. ...
• Texas Health & Safety Code Section 286.075 - District Rules
  The board may adopt rules governing the operation of the hospital and hospital system and the duties, functions, and responsibilities of district staff and employees. ...
• Texas Health & Safety Code Section 286.076 - Methods And Procedures
  The board may prescribe: (1) the method of making purchases and expenditures by and for the district; and (2) accounting and control procedures for the ...
• Texas Health & Safety Code Section 286.077 - Hospital Property, Facilities, And Equipment
  (a) The board shall determine: (1) the type, number, and location of buildings required to establish and maintain an adequate hospital system; and (2) the ...
• Texas Health & Safety Code Section 286.078 - Construction Contracts
  (a) The board may enter into construction contracts for the district. (b) The board may enter into construction contracts that involve spending more than $10,000 ...
• Texas Health & Safety Code Section 286.079 - District Operating And Management Contracts
  The board may enter into operating or management contracts relating to hospital facilities. Added by Acts 1991, 72nd Leg., ch. 14, § 121, eff. Sept. ...
• Texas Health & Safety Code Section 286.080 - Eminent Domain
  (a) A district may exercise the power of eminent domain to acquire a fee simple or other interest in property located in the territory of ...
• Texas Health & Safety Code Section 286.081 - Expenses For Moving Facilities Of Railroads Or Utilities
  If, in exercising the power of eminent domain, the board requires relocating, raising, lowering, rerouting, changing the grade, or altering the construction of any railroad, ...
• Texas Health & Safety Code Section 286.082 - Indigent Care
  (a) The district without charge shall supply to a patient residing in the district the care and treatment that the patient or a relative of ...
• Texas Health & Safety Code Section 286.083 - Reimbursement For Services
  (a) The board shall require reimbursement from a county, municipality, or public hospital located outside the boundaries of the district for the district's care and ...
• Texas Health & Safety Code Section 286.084 - Service Contracts
  The board may contract with a municipality, county, special district, or other political subdivision of the state or with a state or federal agency for ...
• Texas Health & Safety Code Section 286.085 - Gifts And Endowments
  On behalf of the district, the board may accept gifts and endowments to be held in trust for any purpose and under any direction, limitation, ...
• Texas Health & Safety Code Section 286.086 - Authority To Sue And Be Sued
  The board may sue and be sued on behalf of the district. Added by Acts 1991, 72nd Leg., ch. 14, § 121, eff. Sept. 1, ...
• Texas Health & Safety Code Section 286.101 - Expansion Of District Territory
  (a) Registered voters of a defined territory that is not included in a district may file a petition with the secretary of the board requesting ...
• Texas Health & Safety Code Section 286.102 - Dissolution
  (a) A district may be dissolved as provided by this section. (b) The board may order an election on the question of dissolving the district ...
• Texas Health & Safety Code Section 286.103 - Transfer Of Assets After Dissolution
  (a) If a majority of the votes in the election favor dissolution, the board shall: (1) transfer the land, buildings, improvements, equipment, and other assets ...
• Texas Health & Safety Code Section 286.104 - Administration Of Property, Debts, And Assets After Dissolution
  (a) If the district does not transfer the land, buildings, improvements, equipment, and other assets to a county or another governmental entity in the district, ...
• Texas Health & Safety Code Section 286.105 - Return Of Surplus Property Tax Money
  (a) When all outstanding debts and obligations of the district are paid, the board shall order the secretary to return the pro rata share of ...
• Texas Health & Safety Code Section 286.106 - Report; Dissolution Order
  (a) After the district has paid all its debts and has disposed of all its assets and funds as prescribed by Sections 286.104 and 286.105, ...
• Texas Health & Safety Code Section 286.121 - Fiscal Year
  (a) The district operates on the fiscal year established by the board. (b) The fiscal year may not be changed if revenue bonds of the ...
• Texas Health & Safety Code Section 286.122 - Annual Audit
  The board annually shall have an audit made of the financial condition of the district. Added by Acts 1991, 72nd Leg., ch. 14, § 121, ...
• Texas Health & Safety Code Section 286.123 - District Audit And Records
  The annual audit and other district records are open to inspection during regular business hours at the principal office of the district. Added by Acts ...
• Texas Health & Safety Code Section 286.124 - Annual Budget
  (a) The administrator of the district shall prepare a proposed annual budget for the district. (b) The proposed budget must contain a complete financial statement, ...
• Texas Health & Safety Code Section 286.125 - Notice; Hearing; Adoption Of Budget
  (a) The board shall hold a public hearing on the proposed annual budget. (b) The board shall publish notice of the hearing in a newspaper ...
• Texas Health & Safety Code Section 286.126 - Amending Budget
  After adoption, the annual budget may be amended on the board's approval. Added by Acts 1991, 72nd Leg., ch. 14, § 121, eff. Sept. 1, ...
• Texas Health & Safety Code Section 286.127 - Limitation Of Expenditures
  Money may not be spent for an expense not included in the annual budget or an amendment to it. Added by Acts 1991, 72nd Leg., ...
• Texas Health & Safety Code Section 286.128 - Sworn Statement
  As soon as practicable after the close of the fiscal year, the administrator shall prepare for the board a sworn statement of the amount of ...
• Texas Health & Safety Code Section 286.129 - Spending And Investment Limitations
  (a) Except as provided by Section 286.078(a) and by Sections 286.141, 286.144, and 286.145, the district may not incur a debt payable from revenues of ...
• Texas Health & Safety Code Section 286.130 - Depository
  (a) The board shall name at least one bank to serve as depository for district funds. (b) District funds, other than those invested as provided ...
• Texas Health & Safety Code Section 286.141 - General Obligation Bonds
  The board may issue and sell bonds authorized by an election in the name and on the faith and credit of the hospital district to: ...
• Texas Health & Safety Code Section 286.142 - Taxes To Pay Bonds
  (a) At the time the bonds are issued by the district, the board shall levy a tax. (b) The tax must be sufficient to create ...
• Texas Health & Safety Code Section 286.143 - Bond Election
  (a) The district may issue general obligation bonds only if the bonds are authorized by a majority of the qualified voters of the district voting ...
• Texas Health & Safety Code Section 286.144 - Revenue Bonds
  (a) The board may issue revenue bonds to: (1) purchase, construct, acquire, repair, equip, or renovate buildings or improvements for hospital purposes; (2) acquire sites ...
• Texas Health & Safety Code Section 286.145 - Refunding Bonds
  (a) Refunding bonds of the district may be issued to refund an outstanding indebtedness the district has issued or assumed. (b) The bonds must be ...
• Texas Health & Safety Code Section 286.146 - Interest And Maturity
  District bonds must mature not later than the 50th anniversary of the date of their issuance and must bear interest at a rate not to ...
• Texas Health & Safety Code Section 286.147 - Execution Of Bonds
  The president of the board shall execute the bonds in the name of the district, and the secretary of the board shall countersign the bonds ...
• Texas Health & Safety Code Section 286.148 - Approval And Registration Of Bonds
  (a) District bonds are subject to the same requirements with regard to approval by the attorney general and registration by the comptroller as the law ...
• Texas Health & Safety Code Section 286.149 - Bonds As Investments
  District bonds and indebtedness assumed by the district are legal and authorized investments for: (1) banks; (2) savings banks; (3) trust companies; (4) savings and ...
• Texas Health & Safety Code Section 286.150 - Bonds As Security For Deposits
  District bonds are eligible to secure deposits of public funds of the state and of municipalities, counties, school districts, and other political subdivisions of the ...
• Texas Health & Safety Code Section 286.151 - Tax Status Of Bonds
  Because the district created under this chapter is a public entity performing an essential public function, bonds issued by the district, any transaction relating to ...
• Texas Health & Safety Code Section 286.161 - Tax Authorized
  (a) A majority of voters in a district or proposed district may, at the creation election under Subchapter B or in conjunction with any other ...
• Texas Health & Safety Code Section 286.162 - Board Authority
  The board may impose taxes for the entire year in which the district is created. Added by Acts 1991, 72nd Leg., ch. 14, § 121, ...
• Texas Health & Safety Code Section 286.163 - Adopting Tax Rate
  In adopting the tax rate, the board shall consider the income of the district from sources other than taxation. Added by Acts 1991, 72nd Leg., ...
• Texas Health & Safety Code Section 286.164 - Tax Assessment And Collection
  (a) The Tax Code governs the appraisal, assessment, and collection of district taxes. (b) The board may provide for the appointment of a tax assessor-collector ...
• Texas Health & Safety Code Section 286.171 - Tax Authorized
  (a) A majority of voters in a proposed district of which all or a majority of the territory is located in a county or counties ...
• Texas Health & Safety Code Section 286.172 - Limitation On Combined Tax Rate; Effect On Elections
  An election to create a hospital district and to authorize the imposition of a sales and use tax under this subchapter, or an election to ...
• Texas Health & Safety Code Section 286.173 - Election In Other Taxing Authority
  (a) In this section, "taxing authority" means any entity authorized to impose a local sales and use tax. (b) If a district or proposed district ...
• Texas Health & Safety Code Section 286.174 - Tax Rate; Change In Rate
  (a) A district may impose the tax in increments of one-eighth of one percent, with a minimum rate of one-eighth of one percent and a ...
• Texas Health & Safety Code Section 286.175 - Use Of Tax
  The taxes imposed may be used to pay: (1) the indebtedness issued or assumed by the district; and (2) the maintenance and operating expenses of ...
• Texas Health & Safety Code Section 286.176 - Effective Date
  (a) The adoption or abolition of the tax or a change in the rate of the tax takes effect on the first day of the ...
• Texas Health & Safety Code Section 286.177 - County Sales And Use Tax Act Applicable
  Except to the extent that a provision of this chapter applies, Chapter 323, Tax Code, applies to the tax authorized by this chapter in the ...
• Texas Health & Safety Code Section 286.951 - Limitation On State Assistance
  The state may not become obligated for the support or maintenance of a hospital district created under this chapter, and the legislature may not make ...
• Texas Health & Safety Code Section 287.001 - Definitions
  In this chapter: (1) "Board" means the board of directors of a district. (2) "District" means a health services district created under this chapter. (3) ...
• Texas Health & Safety Code Section 287.002 - District Authorization
  A health services district may be created and established and, if created, must be maintained, operated, and financed in the manner provided by this chapter. ...
• Texas Health & Safety Code Section 287.021 - Creation By Concurrent Orders
  (a) Except as provided by Subsection (b), a county or hospital district and one or more other counties or hospital districts may create a health ...
• Texas Health & Safety Code Section 287.022 - Contract Terms
  (a) A county or hospital district that creates a district under this chapter shall contract with the district to provide, at a minimum, the health ...
• Texas Health & Safety Code Section 287.023 - Purpose And Duties
  (a) A health services district shall: (1) provide health care services to indigent residents of the district; (2) manage the funds contributed to the district ...
• Texas Health & Safety Code Section 287.024 - Funding
  (a) Each county or hospital district that contracts with the district shall contribute to the district for its operation: (1) a specified dollar amount from ...
• Texas Health & Safety Code Section 287.041 - Board Of Directors
  (a) A county or hospital district that creates the district and has a population of 125,000 or more shall appoint one director to the board ...
• Texas Health & Safety Code Section 287.042 - Qualifications For Office
  (a) To be eligible to serve as a director, a person must be a resident of the county or hospital district that appoints the person ...
• Texas Health & Safety Code Section 287.043 - Bond
  (a) Before assuming the duties of the office, each director must execute a bond for $5,000 payable to the district, conditioned on the faithful performance ...
• Texas Health & Safety Code Section 287.044 - Board Vacancy
  A vacancy in the office of director shall be filled for the unexpired term in the same manner as the original appointment. Added by Acts ...
• Texas Health & Safety Code Section 287.045 - Officers
  (a) The board shall elect from among its members a president and a vice president. (b) The board shall appoint a secretary, who need not ...
• Texas Health & Safety Code Section 287.046 - Officers' Terms; Vacancy
  (a) Each officer of the board serves for a term of one year. (b) The board shall fill a vacancy in a board office for ...
• Texas Health & Safety Code Section 287.047 - Compensation
  (a) Directors and officers serve without compensation but may be reimbursed for actual expenses incurred in the performance of official duties. (b) Expenses reimbursed under ...
• Texas Health & Safety Code Section 287.048 - Voting Requirement
  A majority of the members of the board voting must concur in a matter relating to the business of the district. Added by Acts 1999, ...
• Texas Health & Safety Code Section 287.049 - Administrator And Additional Staff
  (a) The board may appoint qualified persons as administrator of the district and as additional administrative staff members as the board considers necessary for the ...
• Texas Health & Safety Code Section 287.050 - Appointments To Staff
  The board may: (1) appoint to the staff any doctors the board considers necessary for the efficient operation of the district; and (2) make temporary ...
• Texas Health & Safety Code Section 287.051 - Technicians, Nurses, And Other District Employees
  (a) The district may employ technicians, nurses, fiscal agents, accountants, architects, additional attorneys, and other necessary employees. (b) The board may delegate to the administrator ...
• Texas Health & Safety Code Section 287.052 - General Duties Of Administrator
  The administrator shall: (1) supervise the work and activities of the district; and (2) direct the general affairs of the district, subject to the limitations ...
• Texas Health & Safety Code Section 287.053 - Retirement Benefits
  The board may provide retirement benefits for employees of the district by: (1) establishing or administering a retirement program; or (2) electing to participate in ...
• Texas Health & Safety Code Section 287.071 - Responsibility Of Governmental Entity
  On creation of a district, a county or hospital district that creates the district may transfer to the district: (1) management and operation of any ...
• Texas Health & Safety Code Section 287.072 - District Responsibilities
  On creation of a district, the district assumes the duties required under Section 287.023 and any additional duties specified in the contract with the counties ...
• Texas Health & Safety Code Section 287.073 - Management, Control, And Administration
  The board shall manage, control, and administer the health care system and the funds and resources of the district that are transferred under Section 287.071. ...
• Texas Health & Safety Code Section 287.074 - District Rules
  The board may adopt rules governing the operation of the district and the duties, functions, and responsibilities of district staff and employees. Added by Acts ...
• Texas Health & Safety Code Section 287.075 - Methods And Procedures
  The board may prescribe: (1) the method of making purchases and expenditures by and for the district; and (2) accounting and control procedures for the ...
• Texas Health & Safety Code Section 287.076 - Health Care Property, Facilities, And Equipment
  (a) The board shall determine: (1) the type, number, and location of buildings required to establish and maintain an adequate health care system; and (2) ...
• Texas Health & Safety Code Section 287.077 - Construction Contracts
  (a) The board may enter into construction contracts for the district. (b) The board may enter into construction contracts that involve spending more than $10,000 ...
• Texas Health & Safety Code Section 287.078 - District Contracts And Collaborations
  (a) The board may enter into operating or management contracts relating to health care facilities owned by the district or for which the district assumes ...
• Texas Health & Safety Code Section 287.079 - Payment For Health Care Services
  (a) The district without charge shall supply to a patient residing in the district the care and treatment that the patient or a relative of ...
• Texas Health & Safety Code Section 287.080 - Reimbursement For Services
  (a) The board shall require reimbursement from a county, municipality, or public hospital located outside the boundaries of the district for the district's care and ...
• Texas Health & Safety Code Section 287.081 - Service Contracts
  The board may contract with a municipality, county, special district, or other political subdivision of the state or with a state or federal agency for ...
• Texas Health & Safety Code Section 287.082 - Gifts And Endowments
  On behalf of the district, the board may accept gifts and endowments to be held in trust for any purpose and under any direction, limitation, ...
• Texas Health & Safety Code Section 287.083 - Authority To Sue And Be Sued
  The board may sue and be sued on behalf of the district. Added by Acts 1999, 76th Leg., ch. 1293, § 1, eff. Sept. 1, ...
• Texas Health & Safety Code Section 287.101 - Dissolution
  (a) A district shall be dissolved if: (1) the contract with the counties and hospital districts that created the district expires and is not renewed; ...
• Texas Health & Safety Code Section 287.102 - Transfer Of Assets After Dissolution
  (a) If the district is dissolved, the board shall: (1) transfer the land, buildings, improvements, equipment, and other assets acquired by the district to the ...
• Texas Health & Safety Code Section 287.103 - Administration Of Property, Debts, And Assets After Dissolution
  (a) If the district does not transfer its land, buildings, improvements, equipment, and other assets to a county or hospital district in the district, the ...
• Texas Health & Safety Code Section 287.104 - Accounting
  After the district has paid all its debts and has disposed of all its assets and funds as prescribed by Sections 287.102 and 287.103, the ...
• Texas Health & Safety Code Section 287.121 - Fiscal Year
  (a) The district operates on the fiscal year established by the board. (b) The fiscal year may not be changed if revenue bonds of the ...
• Texas Health & Safety Code Section 287.122 - Annual Audit
  (a) The board annually shall have an independent audit made of the financial condition of the district. (b) A copy of the audit must be ...
• Texas Health & Safety Code Section 287.123 - District Audit And Records
  The annual audit and other district records are open to inspection during regular business hours at the principal office of the district. Added by Acts ...
• Texas Health & Safety Code Section 287.124 - Annual Budget
  (a) The administrator of the district shall prepare a proposed annual budget for the district. (b) The proposed budget must contain a complete financial statement, ...
• Texas Health & Safety Code Section 287.125 - Notice; Hearing; Adoption Of Budget
  (a) The board shall hold a public hearing on the proposed annual budget. (b) The board shall publish notice of the hearing in a newspaper ...
• Texas Health & Safety Code Section 287.126 - Amending Budget
  After adoption, the annual budget may be amended on the board's approval. Added by Acts 1999, 76th Leg., ch. 1293, § 1, eff. Sept. 1, ...
• Texas Health & Safety Code Section 287.127 - Limitation Of Expenditures
  Money may not be spent for an expense not included in the annual budget or an amendment to it. Added by Acts 1999, 76th Leg., ...
• Texas Health & Safety Code Section 287.128 - Sworn Statement
  As soon as practicable after the close of the fiscal year, the administrator shall prepare for the board a sworn statement of the amount of ...
• Texas Health & Safety Code Section 287.129 - Spending And Investment Limitations
  (a) Except for construction contracts under Section 287.077(a) or as provided by Sections 287.142 and 287.143, the district may not incur a debt payable from ...
• Texas Health & Safety Code Section 287.130 - Depository
  (a) The board shall name at least one bank to serve as depository for district funds. (b) District funds, other than those invested as provided ...
• Texas Health & Safety Code Section 287.131 - Ad Valorem Taxation
  A district may not impose an ad valorem tax. Added by Acts 1999, 76th Leg., ch. 1293, § 1, eff. Sept. 1, 1999. ...
• Texas Health & Safety Code Section 287.141 - General Obligation Bonds
  A district may not issue general obligation bonds. Added by Acts 1999, 76th Leg., ch. 1293, § 1, eff. Sept. 1, 1999. ...
• Texas Health & Safety Code Section 287.142 - Revenue Bonds
  (a) The board may issue revenue bonds to: (1) purchase, construct, acquire, repair, equip, or renovate buildings or improvements for district purposes; (2) acquire sites ...
• Texas Health & Safety Code Section 287.143 - Refunding Bonds
  (a) Refunding bonds of the district may be issued to refund an outstanding indebtedness the district has issued or assumed. (b) The bonds must be ...
• Texas Health & Safety Code Section 287.144 - Interest And Maturity
  District bonds must mature not later than the 50th anniversary of the date of their issuance and must bear interest at a rate not to ...
• Texas Health & Safety Code Section 287.145 - Execution Of Bonds
  The president of the board shall execute the bonds in the name of the district, and the secretary of the board shall countersign the bonds ...
• Texas Health & Safety Code Section 287.146 - Approval And Registration Of Bonds
  (a) District bonds are subject to the same requirements with regard to approval by the attorney general and registration by the comptroller as the law ...
• Texas Health & Safety Code Section 287.147 - Bonds As Investments
  District bonds and indebtedness assumed by the district are legal and authorized investments for: (1) banks; (2) savings banks; (3) trust companies; (4) savings and ...
• Texas Health & Safety Code Section 287.148 - Bonds As Security For Deposits
  District bonds are eligible to secure deposits of public funds of the state and of municipalities, counties, school districts, and other political subdivisions of the ...
• Texas Health & Safety Code Section 287.149 - Tax Status Of Bonds
  Because the district created under this chapter is a public entity performing an essential public function, bonds issued by the district, any transaction relating to ...
• Texas Health & Safety Code Section 288.001 - Definitions
  In this chapter: (1) "Commission" means the commission of a district created under this chapter. (2) "District" means a county health care funding district created ...
• Texas Health & Safety Code Section 288.002 - Creation Of District
  A district is created in each county located on the Texas-Mexico border that has a population of 500,000 or more and is adjacent to two ...
• Texas Health & Safety Code Section 288.003 - Duration Of District
  (a) Unless continued in existence by the legislature, a district created by this chapter is abolished September 1, 2007. (b) Any money held by a ...
• Texas Health & Safety Code Section 288.004 - Political Subdivision
  A district created by this chapter is a political subdivision of this state. Added by Acts 2005, 79th Leg., ch. 1367, § 1, eff. June ...
• Texas Health & Safety Code Section 288.005 - District Territory
  The boundaries of each district are coextensive with the boundaries of the county in which the district is created. Added by Acts 2005, 79th Leg., ...
• Texas Health & Safety Code Section 288.051 - Commission; Appointment
  (a) Each district is governed by a commission of five members appointed as provided by this section. (b) Each county commissioner on the commissioners court ...
• Texas Health & Safety Code Section 288.052 - Qualification Of Members Of Commission
  To be eligible to serve as a member of the commission, a person must: (1) be a United States citizen; (2) be 18 years of ...
• Texas Health & Safety Code Section 288.053 - Term Of Members Of Commission
  The members of the commission serve staggered two-year terms. Added by Acts 2005, 79th Leg., ch. 1367, § 1, eff. June 18, 2005. ...
• Texas Health & Safety Code Section 288.054 - Vacancy
  (a) If a vacancy occurs on the commission, the commissioners court of the county in which the district is located shall appoint a qualified person ...
• Texas Health & Safety Code Section 288.055 - Officers
  (a) Each commission shall elect a chairperson and a secretary from among its members. (b) The chairperson and secretary shall each serve in that office ...
• Texas Health & Safety Code Section 288.056 - Compensation; Expenses
  A member of the commission serves without compensation but may, on the approval of the entire commission, be reimbursed for actual expenses incurred in the ...
• Texas Health & Safety Code Section 288.057 - Employees And Independent Contractors
  The commission may employ an attorney, financial advisor, and bookkeeper for the district or contract for those services. Added by Acts 2005, 79th Leg., ch. ...
• Texas Health & Safety Code Section 288.058 - Maintenance Of Records; Public Inspection
  Except as otherwise provided by law, all district records, including books, accounts, notices, minutes, and all other matters of the district and the operation of ...
• Texas Health & Safety Code Section 288.101 - Limitation On Taxing Authority
  Each district may impose taxes only in the manner provided by this chapter. Added by Acts 2005, 79th Leg., ch. 1367, § 1, eff. June ...
• Texas Health & Safety Code Section 288.102 - Majority Vote Required
  (a) A district may not impose any tax authorized by this chapter, spend any money, including for the administrative expenses of the district, or conduct ...
• Texas Health & Safety Code Section 288.103 - Election Required For Certain Expenditures
  (a) In addition to the majority vote required under Section 288.102, a district may not spend any money of the district unless the district receives ...
• Texas Health & Safety Code Section 288.104 - Rules And Procedures
  (a) The commission may adopt rules governing the operation of the district, including rules relating to the administration of a tax authorized by this chapter. ...
• Texas Health & Safety Code Section 288.105 - Purchasing And Accounting Procedures
  (a) The commission may prescribe the method and manner for making purchases and expenditures by the district. (b) The commission shall prescribe: (1) all accounting ...
• Texas Health & Safety Code Section 288.106 - Institutional Health Care Provider Reporting; Inspection Of Records
  (a) A district shall require an institutional health care provider to submit to the district a copy of any financial and utilization data required by ...
• Texas Health & Safety Code Section 288.107 - Authority To Sue And Be Sued
  Each district may sue and be sued in its own name in any court of this state as a governmental agency. Added by Acts 2005, ...
• Texas Health & Safety Code Section 288.151 - Budget
  (a) Each year, the commission shall prepare a budget for the following fiscal year that includes: (1) proposed expenditures and disbursements; (2) estimated receipts and ...
• Texas Health & Safety Code Section 288.152 - Fiscal Year
  Each district's fiscal year begins on September 1 and ends on August 31 of each year. Added by Acts 2005, 79th Leg., ch. 1367, § ...
• Texas Health & Safety Code Section 288.153 - Annual Audit
  (a) For each fiscal year, each commission shall have an independent audit made of the district's books and records. (b) Not later than December 31 ...
• Texas Health & Safety Code Section 288.154 - Depository
  (a) Each commission by resolution shall designate one or more banks located in the district as the depository for the district. A bank designated as ...
• Texas Health & Safety Code Section 288.201 - Tax On Outpatient Hospital Services
  (a) The commission of a district may impose an annual tax to be assessed quarterly on all outpatient hospital visits to an institutional health care ...
• Texas Health & Safety Code Section 288.202 - Assessment And Collection Of Taxes
  (a) Except as provided by Subsection (b), the county tax assessor-collector shall collect a tax imposed under this subchapter unless the commission employs a tax ...
• Texas Health & Safety Code Section 288.203 - Use Of Tax Revenue
  Revenue generated by a district from a tax imposed under this subchapter may be used only to: (1) provide the nonfederal share of a Medicaid ...
• Texas Health & Safety Code Section 288.204 - Interest, Penalties, And Discounts
  Interest, penalties, and discounts on taxes imposed under this subchapter are governed by the law applicable to county ad valorem taxes. Added by Acts 2005, ...
• Texas Health & Safety Code Section 288.205 - Purpose; Correction Of Invalid Provision Or Procedure
  (a) The purpose of this chapter is to generate revenue from a tax imposed by the district to provide the nonfederal share of a Medicaid ...
• Texas Health & Safety Code Section 288.206 - Election Required For Certain Provisions Or Procedures
  (a) In order to amend any provision or procedure set out in this chapter, the district must obtain the approval of at least 95 percent ...
• Texas Health & Safety Code Section 289.001 - Definitions
  In this chapter: (1) "Commission" means the commission of a district created under this chapter. (2) "District" means a county health care funding district created ...
• Texas Health & Safety Code Section 289.002 - Creation Of District
  A district is created in each county located on the Texas-Mexico border that has a population of less than 200,000 and contains one or more ...
• Texas Health & Safety Code Section 289.003 - Duration Of District
  (a) Unless continued in existence by the legislature, a district created by this chapter is abolished September 1, 2007. (b) Any money held by a ...
• Texas Health & Safety Code Section 289.004 - Political Subdivision
  A district created by this chapter is a political subdivision of this state. Added by Acts 2005, 79th Leg., ch. 1367, § 1, eff. June ...
• Texas Health & Safety Code Section 289.005 - District Territory
  The boundaries of each district are coextensive with the boundaries of the county in which the district is created. Added by Acts 2005, 79th Leg., ...
• Texas Health & Safety Code Section 289.051 - Commission; Appointment
  (a) Each district is governed by a commission of five members appointed as provided by this section. (b) Each county commissioner on the commissioners court ...
• Texas Health & Safety Code Section 289.052 - Qualification Of Members Of Commission
  To be eligible to serve as a member of the commission, a person must: (1) be a United States citizen; (2) be 18 years of ...
• Texas Health & Safety Code Section 289.053 - Term Of Members Of Commission
  The members of the commission serve staggered two-year terms. Added by Acts 2005, 79th Leg., ch. 1367, § 1, eff. June 18, 2005. ...
• Texas Health & Safety Code Section 289.054 - Vacancy
  (a) If a vacancy occurs on the commission, the commissioners court of the county in which the district is located shall appoint a qualified person ...
• Texas Health & Safety Code Section 289.055 - Officers
  (a) Each commission shall elect a chairperson and a secretary from among its members. (b) The chairperson and secretary shall each serve in that office ...
• Texas Health & Safety Code Section 289.056 - Compensation; Expenses
  A member of the commission serves without compensation but may, on the approval of the entire commission, be reimbursed for actual expenses incurred in the ...
• Texas Health & Safety Code Section 289.057 - Employees And Independent Contractors
  The commission may employ an attorney, financial advisor, and bookkeeper for the district or contract for those services. Added by Acts 2005, 79th Leg., ch. ...
• Texas Health & Safety Code Section 289.058 - Maintenance Of Records; Public Inspection
  Except as otherwise provided by law, all district records, including books, accounts, notices, minutes, and all other matters of the district and the operation of ...
• Texas Health & Safety Code Section 289.101 - Limitation On Taxing Authority
  Each district may impose taxes only in the manner provided by this chapter. Added by Acts 2005, 79th Leg., ch. 1367, § 1, eff. June ...
• Texas Health & Safety Code Section 289.102 - Majority Vote Required
  (a) A district may not impose any tax authorized by this chapter, spend any money, including for the administrative expenses of the district, or conduct ...
• Texas Health & Safety Code Section 289.103 - Election Required For Certain Expenditures
  (a) In addition to the majority vote required under Section 289.102, a district may not spend any money of the district unless the district receives ...
• Texas Health & Safety Code Section 289.104 - Rules And Procedures
  (a) The commission may adopt rules governing the operation of the district, including rules relating to the administration of a tax authorized by this chapter. ...
• Texas Health & Safety Code Section 289.105 - Purchasing And Accounting Procedures
  (a) The commission may prescribe the method and manner for making purchases and expenditures by the district. (b) The commission shall prescribe: (1) all accounting ...
• Texas Health & Safety Code Section 289.106 - Institutional Health Care Provider Reporting; Inspection Of Records
  (a) A district shall require an institutional health care provider to submit to the district a copy of any financial and utilization data required by ...
• Texas Health & Safety Code Section 289.107 - Authority To Sue And Be Sued
  Each district may sue and be sued in its own name in any court of this state as a governmental agency. Added by Acts 2005, ...
• Texas Health & Safety Code Section 289.151 - Budget
  (a) Each year, the commission shall prepare a budget for the following fiscal year that includes: (1) proposed expenditures and disbursements; (2) estimated receipts and ...
• Texas Health & Safety Code Section 289.152 - Fiscal Year
  Each district's fiscal year begins on September 1 and ends on August 31 of each year. Added by Acts 2005, 79th Leg., ch. 1367, § ...
• Texas Health & Safety Code Section 289.153 - Annual Audit
  (a) For each fiscal year, each commission shall have an independent audit made of the district's books and records. (b) Not later than December 31 ...
• Texas Health & Safety Code Section 289.154 - Depository
  (a) Each commission by resolution shall designate one or more banks located in the district as the depository for the district. A bank designated as ...
• Texas Health & Safety Code Section 289.201 - Tax On Outpatient Services
  (a) The commission of a district may impose an annual tax to be assessed quarterly on all outpatient hospital visits to an institutional health care ...
• Texas Health & Safety Code Section 289.202 - Assessment And Collection Of Taxes
  (a) Except as provided by Subsection (b), the county tax assessor-collector shall collect a tax imposed under this subchapter unless the commission employs a tax ...
• Texas Health & Safety Code Section 289.203 - Use Of Tax Revenue
  Revenue generated by a district from a tax imposed under this subchapter may be used only to: (1) provide the nonfederal share of a Medicaid ...
• Texas Health & Safety Code Section 289.204 - Interest, Penalties, And Discounts
  Interest, penalties, and discounts on taxes imposed under this subchapter are governed by the law applicable to county ad valorem taxes. Added by Acts 2005, ...
• Texas Health & Safety Code Section 289.205 - Purpose; Correction Of Invalid Provision Or Procedure
  (a) The purpose of this chapter is to generate revenue from a tax imposed by the district to provide the nonfederal share of a Medicaid ...
• Texas Health & Safety Code Section 289.206 - Election Required For Certain Provisions Or Procedures
  (a) In order to amend any provision or procedure set out in this chapter, the district must obtain the approval of at least 95 percent ...
• Texas Health & Safety Code Section 290.001 - Definitions
  In this chapter: (1) "Commission" means the commission of a district created under this chapter. (2) "District" means a county health care funding district created ...
• Texas Health & Safety Code Section 290.002 - Creation Of District
  A district is created in each county that has a population of 1.4 million or less and in which a municipality with a population of ...
• Texas Health & Safety Code Section 290.003 - Duration Of District
  (a) Unless continued in existence by the legislature, a district created by this chapter is abolished September 1, 2007. (b) Any money held by a ...
• Texas Health & Safety Code Section 290.004 - Political Subdivision
  A district created by this chapter is a political subdivision of this state. Added by Acts 2005, 79th Leg., ch. 1367, § 1, eff. June ...
• Texas Health & Safety Code Section 290.005 - District Territory
  The boundaries of each district are coextensive with the boundaries of the county in which the district is created. Added by Acts 2005, 79th Leg., ...
• Texas Health & Safety Code Section 290.051 - Commission; Appointment
  (a) Each district is governed by a commission of five members appointed as provided by this section. (b) Each county commissioner on the commissioners court ...
• Texas Health & Safety Code Section 290.052 - Qualification Of Members Of Commission
  To be eligible to serve as a member of the commission, a person must: (1) be a United States citizen; (2) be 18 years of ...
• Texas Health & Safety Code Section 290.053 - Term Of Members Of Commission
  The members of the commission serve staggered two-year terms. Added by Acts 2005, 79th Leg., ch. 1367, § 1, eff. June 18, 2005. ...
• Texas Health & Safety Code Section 290.054 - Vacancy
  (a) If a vacancy occurs on the commission, the commissioners court of the county in which the district is located shall appoint a qualified person ...
• Texas Health & Safety Code Section 290.055 - Officers
  (a) Each commission shall elect a chairperson and a secretary from among its members. (b) The chairperson and secretary shall each serve in that office ...
• Texas Health & Safety Code Section 290.056 - Compensation; Expenses
  A member of the commission serves without compensation but may, on the approval of the entire commission, be reimbursed for actual expenses incurred in the ...
• Texas Health & Safety Code Section 290.057 - Employees And Independent Contractors
  The commission may employ an attorney, financial advisor, and bookkeeper for the district or contract for those services. Added by Acts 2005, 79th Leg., ch. ...
• Texas Health & Safety Code Section 290.058 - Maintenance Of Records; Public Inspection
  Except as otherwise provided by law, all district records, including books, accounts, notices, minutes, and all other matters of the district and the operation of ...
• Texas Health & Safety Code Section 290.101 - Limitation On Taxing Authority
  Each district may impose taxes only in the manner provided by this chapter. Added by Acts 2005, 79th Leg., ch. 1367, § 1, eff. June ...
• Texas Health & Safety Code Section 290.102 - Majority Vote Required
  (a) A district may not impose any tax authorized by this chapter, spend any money, including for the administrative expenses of the district, or conduct ...
• Texas Health & Safety Code Section 290.103 - Election Required For Certain Expenditures
  (a) In addition to the majority vote required under Section 290.102, a district may not spend any money of the district unless the district receives ...
• Texas Health & Safety Code Section 290.104 - Rules And Procedures
  (a) The commission may adopt rules governing the operation of the district, including rules relating to the administration of a tax authorized by this chapter. ...
• Texas Health & Safety Code Section 290.105 - Purchasing And Accounting Procedures
  (a) The commission may prescribe the method and manner for making purchases and expenditures by the district. (b) The commission shall prescribe: (1) all accounting ...
• Texas Health & Safety Code Section 290.106 - Institutional Health Care Provider Reporting; Inspection Of Records
  (a) A district shall require an institutional health care provider to submit to the district a copy of any financial and utilization data required by ...
• Texas Health & Safety Code Section 290.107 - Authority To Sue And Be Sued
  Each district may sue and be sued in its own name in any court of this state as a governmental agency. Added by Acts 2005, ...
• Texas Health & Safety Code Section 290.151 - Budget
  (a) Each year, the commission shall prepare a budget for the following fiscal year that includes: (1) proposed expenditures and disbursements; (2) estimated receipts and ...
• Texas Health & Safety Code Section 290.152 - Fiscal Year
  Each district's fiscal year begins on September 1 and ends on August 31 of each year. Added by Acts 2005, 79th Leg., ch. 1367, § ...
• Texas Health & Safety Code Section 290.153 - Annual Audit
  (a) For each fiscal year, each commission shall have an independent audit made of the district's books and records. (b) Not later than December 31 ...
• Texas Health & Safety Code Section 290.154 - Depository
  (a) Each commission by resolution shall designate one or more banks located in the district as the depository for the district. A bank designated as ...
• Texas Health & Safety Code Section 290.201 - Tax On Emergency Room Services
  (a) The commission of a district may impose an annual tax to be assessed quarterly on all emergency room visits to an institutional health care ...
• Texas Health & Safety Code Section 290.202 - Assessment And Collection Of Taxes
  (a) Except as provided by Subsection (b), the county tax assessor-collector shall collect any tax imposed under this subchapter unless the commission employs a tax ...
• Texas Health & Safety Code Section 290.203 - Use Of Tax Revenue
  Revenue generated by a district from a tax imposed under this subchapter may be used only to: (1) provide the nonfederal share of a Medicaid ...
• Texas Health & Safety Code Section 290.204 - Interest, Penalties, And Discounts
  Interest, penalties, and discounts on taxes imposed under this subchapter are governed by the law applicable to county ad valorem taxes. Added by Acts 2005, ...
• Texas Health & Safety Code Section 290.205 - Purpose; Correction Of Invalid Provision Or Procedure
  (a) The purpose of this chapter is to generate revenue from a tax imposed by the district to provide the nonfederal share of a Medicaid ...
• Texas Health & Safety Code Section 290.206 - Election Required For Certain Provisions Or Procedures
  (a) In order to amend any provision or procedure set out in this chapter, the district must obtain the approval of at least 95 percent ...
• Texas Health & Safety Code Section 301.001 - Definitions
  In this subchapter: (1) "Eligible institution" means an entity engaged in health-related pursuits that, except for cooperative associations, is exempt from federal income tax and ...
• Texas Health & Safety Code Section 301.002 - Creation Of Hospital Laundry Cooperative Association
  (a) Eligible institutions may create a hospital laundry cooperative association to establish, operate, and maintain a laundry system on a nonprofit, cooperative basis solely for ...
• Texas Health & Safety Code Section 301.003 - Articles Of Incorporation
  (a) Eligible institutions creating a hospital laundry cooperative association may file articles of incorporation under the general corporation law of this state, including the Texas ...
• Texas Health & Safety Code Section 301.004 - Use Of Public Funds Prohibited
  Public funds appropriated to a state department or to a state institution may not be used to create a hospital laundry cooperative association under this ...
• Texas Health & Safety Code Section 301.005 - Membership; Membership Privileges; Expulsion Of Members
  (a) An eligible institution may be elected to membership in a hospital laundry cooperative association by: (1) the organizers of the association at the time ...
• Texas Health & Safety Code Section 301.006 - Membership Not Required
  A component institution of a state-supported institution is not required to be a member of a hospital laundry cooperative association created under this subchapter but ...
• Texas Health & Safety Code Section 301.007 - Powers Of Hospital Laundry Cooperative Association
  A hospital laundry cooperative association may: (1) acquire, own, and operate a laundry system on a cooperative basis solely for the benefit of eligible institutions, ...
• Texas Health & Safety Code Section 301.008 - Cost Of Services
  A hospital laundry cooperative association may determine the amount to be charged for providing laundry services through its laundry system to eligible institutions. Acts 1989, ...
• Texas Health & Safety Code Section 301.009 - Bonds, Notes, Or Other Obligations
  (a) A hospital laundry cooperative association may borrow money from public or private sources or issue bonds, notes, or other obligations in amounts necessary to ...
• Texas Health & Safety Code Section 301.010 - Bonds As Investments
  Bonds issued by a hospital laundry cooperative association under this subchapter are legal and authorized investments for: (1) a bank; (2) a savings and loan ...
• Texas Health & Safety Code Section 301.011 - Bonds As Security For Deposits
  A hospital laundry cooperative association's bonds may secure the deposits of public funds of the state or a municipality, county, school district, or other political ...
• Texas Health & Safety Code Section 301.012 - Liability To Creditors
  Except as provided by this subchapter, a member of a hospital laundry cooperative association is not liable to the association or its creditors in excess ...
• Texas Health & Safety Code Section 301.013 - Tax Exemption
  (a) A hospital laundry cooperative association created under this subchapter is not required to pay a tax or assessment on its property or on any ...
• Texas Health & Safety Code Section 301.014 - Annual Report
  A hospital laundry cooperative association shall file an annual report with the secretary of state showing the assets and conditions of the association's affairs. Acts ...
• Texas Health & Safety Code Section 301.015 - Surplus Revenue
  The directors of a hospital laundry cooperative association may, in accordance with the association's bylaws, deposit to the credit of the surplus fund any surplus ...
• Texas Health & Safety Code Section 301.016 - Loans To Members Prohibited
  A hospital laundry cooperative association may not loan money to a member. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 301.031 - Definitions
  In this subchapter: (1) "Eligible institution" means an entity engaged in health-related pursuits that, except for cooperative associations, is exempt from federal income tax and ...
• Texas Health & Safety Code Section 301.032 - Creation Of Cooperative Association
  (a) Eligible institutions may create a cooperative association to establish, operate, and maintain a system on a nonprofit, cooperative basis solely for the use and ...
• Texas Health & Safety Code Section 301.033 - Articles Of Incorporation
  (a) Eligible institutions creating a cooperative association may prepare and file articles of incorporation under the general corporation law of this state, including the Texas ...
• Texas Health & Safety Code Section 301.034 - Use Of Public Funds Prohibited
  Public funds appropriated to a state department or to a state institution may not be used to create a cooperative association under this subchapter. Acts ...
• Texas Health & Safety Code Section 301.035 - Membership; Membership Privileges; Expulsion Of Members
  (a) An eligible institution may be elected to membership in a cooperative association by: (1) the organizers of the association at the time of organization; ...
• Texas Health & Safety Code Section 301.036 - Membership Not Required
  A component institution of an institution that is supported by the federal or state government or a department, division, or agency of the federal government ...
• Texas Health & Safety Code Section 301.037 - Powers Of Cooperative Association
  To carry out the purposes of this subchapter, a cooperative association may: (1) acquire, own, and operate a system on a cooperative basis solely for ...
• Texas Health & Safety Code Section 301.038 - Cost Of Services
  A cooperative association may provide services from a system to eligible institutions and may determine the amount to be charged for providing the services. Acts ...
• Texas Health & Safety Code Section 301.039 - Bonds, Notes, Or Other Obligations
  (a) A cooperative association may borrow money from public or private sources or issue bonds, notes, or other obligations in amounts necessary to create, enlarge, ...
• Texas Health & Safety Code Section 301.040 - Bonds As Investments
  Bonds issued by a cooperative association under this subchapter are legal and authorized investments for: (1) a bank; (2) a savings and loan association; (3) ...
• Texas Health & Safety Code Section 301.041 - Liability To Creditors
  (a) Except as provided by this subchapter, a member of a cooperative association is not liable to the association or its creditors in excess of ...
• Texas Health & Safety Code Section 301.042 - Tax Exemption
  (a) A cooperative association created under this subchapter is not required to pay a tax or assessment on its property or on any purchase made ...
• Texas Health & Safety Code Section 301.043 - Annual Report
  A cooperative association shall file an annual report with the secretary of state showing the assets and conditions of the association's affairs. Acts 1989, 71st ...
• Texas Health & Safety Code Section 301.044 - Surplus Revenue
  The directors of a cooperative association may, in accordance with the association's bylaws, deposit to the credit of the surplus fund any surplus revenue derived ...
• Texas Health & Safety Code Section 301.045 - Loans To Members Prohibited
  A cooperative association may not loan money to a member. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 301.046 - Liberal Construction
  This subchapter shall be liberally construed. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 301.047 - Construction Of Subchapter
  (a) This subchapter does not prevent a cooperative association from: (1) creating recourse or nonrecourse debt in the form of bonds, debentures, notes, or any ...
• Texas Health & Safety Code Section 311.001 - Special Hospital Requirements For Graduate Of Foreign Medical School Prohibited
  (a) A hospital may not, as a condition to beginning a hospital internship or residency, require a United States citizen who resides in this state ...
• Texas Health & Safety Code Section 311.002 - Itemized Statement Of Billed Services
  (a) Each hospital shall develop, implement, and enforce a written policy for the billing of hospital services and supplies. The policy must include: (1) a ...
• Texas Health & Safety Code Section 311.0025 - Audits Of Billing
  (a) A hospital, treatment facility, mental health facility, or health care professional may not submit to a patient or a third party payor a bill ...
• Texas Health & Safety Code Section 311.003 - Reimbursement For Infant Transport To Hospital Neonatal Intensive Care Unit
  (a) A hospital that agrees to admit an infant into its level III neonatal intensive care unit shall pay for the part of the cost ...
• Texas Health & Safety Code Section 311.021 - Definition
  In this subchapter, "emergency services" means services that are usually and customarily available at a hospital and that must be provided immediately to: (1) sustain ...
• Texas Health & Safety Code Section 311.022 - Discrimination Prohibited In Denial Of Services; Criminal Penalties
  (a) An officer, employee, or medical staff member of a general hospital may not deny emergency services because a person cannot establish the person's ability ...
• Texas Health & Safety Code Section 311.023 - No Liability For Failure To Provide Emergency Services After Good Faith Effort
  An employee of a general hospital that does not have physician services available at the time of an emergency is not in violation of Section ...
• Texas Health & Safety Code Section 311.024 - Payment For Services Required
  This subchapter does not relieve a person of that person's obligation to pay for services provided by a hospital if the person can pay for ...
• Texas Health & Safety Code Section 311.031 - Definitions
  In this subchapter: (1) "Board" means the Texas Board of Health. (2) "Charity care" means the unreimbursed cost to a hospital of: (A) providing, funding, ...
• Texas Health & Safety Code Section 311.032 - Department Administration Of Hospital Reporting And Collection System
  (a) The department shall establish a uniform reporting and collection system for hospital financial and utilization data. (b) The board shall adopt necessary rules consistent ...
• Texas Health & Safety Code Section 311.033 - Financial And Utilization Data Required
  (a) A hospital shall submit to the department financial and utilization data for that hospital, including data relating to the hospital's: (1) total gross revenue, ...
• Texas Health & Safety Code Section 311.0335 - Mental Health And Chemical Dependency Data
  (a) A hospital that provides mental health or chemical dependency services shall submit to the department financial and utilization data relating to the mental health ...
• Texas Health & Safety Code Section 311.035 - Use Of Data
  (a) The department shall use the data collected under this subchapter to publish an annual report regarding: (1) the amount of charity care, bad debt, ...
• Texas Health & Safety Code Section 311.036 - Data Verification
  (a) Before the department may publish the report required by Section 311.035 or provide data to the public in any other manner, the department shall ...
• Texas Health & Safety Code Section 311.037 - Confidential Data; Criminal Penalty
  (a) The following data reported or submitted to the department under this subchapter is confidential: (1) data regarding a specific patient; or (2) financial data ...
• Texas Health & Safety Code Section 311.039 - Exemption
  A hospital may, but is not required to, provide the data required by Section 311.033 if the hospital: (1) is exempt from state franchise, sales, ...
• Texas Health & Safety Code Section 311.041 - Policy Statement
  It is the purpose of this subchapter to clarify and set forth the duties, responsibilities, and benefits that apply to hospitals for providing community benefits ...
• Texas Health & Safety Code Section 311.042 - Definitions
  In this subchapter: (1) "Charity care" means those amounts defined as charity care in Section 311.031(2). (2) "Community benefits" means the unreimbursed cost to a ...
• Texas Health & Safety Code Section 311.043 - Duty Of Nonprofit Hospitals To Provide Community Benefits
  (a) A nonprofit hospital shall provide health care services to the community and shall comply with all federal, state, and local government requirements for tax ...
• Texas Health & Safety Code Section 311.044 - Community Benefits Planning By Nonprofit Hospitals
  (a) A nonprofit hospital shall develop: (1) an organizational mission statement that identifies the hospital's commitment to serving the health care needs of the community; ...
• Texas Health & Safety Code Section 311.045 - Community Benefits And Charity Care Requirements
  (a) A nonprofit hospital or hospital system shall annually satisfy the requirements of this subchapter and of Sections 11.18(d)(1), 151.310(a)(2) and (e), and 171.063(a)(1), Tax ...
• Texas Health & Safety Code Section 311.0455 - Annual Report By The Department
  (a) The department shall submit to the attorney general and comptroller not later than July 1 of each year a report listing each nonprofit hospital ...
• Texas Health & Safety Code Section 311.0456 - Eligibility And Certification For Limited Liability
  (a) In this section: (1) "Department" means the Department of State Health Services. (2) "Nonprofit hospital" has the meaning assigned by Section 311.042(9)(A). (b) This ...
• Texas Health & Safety Code Section 311.046 - Annual Report Of Community Benefits Plan
  (a) A nonprofit hospital shall prepare an annual report of the community benefits plan and shall include in the report at least the following information: ...
• Texas Health & Safety Code Section 311.0461 - Informational Manual
  The department shall annually publish a manual that lists each nonprofit hospital in this state with a brief summary of the charity care policies and ...
• Texas Health & Safety Code Section 311.047 - Penalties
  The department may assess a civil penalty against a nonprofit hospital that fails to make a report of the community benefits plan as required under ...
• Texas Health & Safety Code Section 311.048 - Rights And Remedies
  The rights and remedies provided for in this subchapter shall not limit, affect, change, or repeal any other statutory or common-law rights or remedies available ...
• Texas Health & Safety Code Section 312.001 - Finding; Purpose
  (a) The legislature finds that the clinical education of medical and dental students, interns, residents, and fellows attending a medical and dental unit or a ...
• Texas Health & Safety Code Section 312.002 - Definitions
  In this chapter: (1) "Board" means the Texas Board of Health. (2) "Commissioner" means the commissioner of health. (3) "Coordinating entity" means a nonprofit corporation ...
• Texas Health & Safety Code Section 312.003 - Agreement Required
  This chapter applies only if a medical and dental unit and a supported medical or dental school agree, either directly or through a coordinating entity, ...
• Texas Health & Safety Code Section 312.004 - Contracts For Coordination Or Cooperation
  (a) Medical and dental units, supported medical or dental schools, coordinating entities, and public hospitals may make and perform contracts among each other for the ...
• Texas Health & Safety Code Section 312.005 - Approval Of Contracts
  (a) To be effective, a contract under Section 312.004 must be submitted to the board. (b) The commissioner shall review the contract on behalf of ...
• Texas Health & Safety Code Section 312.006 - Limitation On Liability
  (a) A medical and dental unit, supported medical or dental school, or coordinating entity engaged in coordinated or cooperative medical or dental clinical education under ...
• Texas Health & Safety Code Section 312.007 - Individual Liability
  (a) A medical and dental unit, supported medical or dental school, or coordinating entity is a state agency, and a director, trustee, officer, intern, resident, ...
• Texas Health & Safety Code Section 313.001 - Short Title
  This chapter may be cited as the Consent to Medical Treatment Act. Added by Acts 1993, 73rd Leg., ch. 407, § 1, eff. Sept. 1, ...
• Texas Health & Safety Code Section 313.002 - Definitions
  In this chapter: (1) "Adult" means a person 18 years of age or older or a person under 18 years of age who has had ...
• Texas Health & Safety Code Section 313.003 - Exceptions And Application
  (a) This chapter does not apply to: (1) a decision to withhold or withdraw life-sustaining treatment from qualified terminal or irreversible patients under Subchapter B, ...
• Texas Health & Safety Code Section 313.004 - Consent For Medical Treatment
  (a) If an adult patient in a hospital or nursing home is comatose, incapacitated, or otherwise mentally or physically incapable of communication, an adult surrogate ...
• Texas Health & Safety Code Section 313.005 - Prerequisites For Consent
  (a) If an adult patient in a hospital or nursing home is comatose, incapacitated, or otherwise mentally or physically incapable of communication and, according to ...
• Texas Health & Safety Code Section 313.006 - Liability For Medical Treatment Costs
  Liability for the cost of medical treatment provided as a result of consent to medical treatment by a surrogate decision-maker is the same as the ...
• Texas Health & Safety Code Section 313.007 - Limitation On Liability
  (a) A surrogate decision-maker is not subject to criminal or civil liability for consenting to medical care under this chapter if the consent is made ...
• Texas Health & Safety Code Section 314.001 - Definitions
  In this chapter: (1) "Attorney general" means the attorney general of Texas or any assistant attorney general acting under the direction of the attorney general ...
• Texas Health & Safety Code Section 314.002 - Review And Certification Of Cooperative Agreements
  (a) A hospital may negotiate and enter into cooperative agreements with other hospitals in the state if the likely benefits resulting from the agreement outweigh ...
• Texas Health & Safety Code Section 314.003 - Attorney General Authority
  (a) The attorney general, at any time after an application is filed under Section 313.002(b), may require by civil investigative demand the attendance and testimony ...
• Texas Health & Safety Code Section 314.004 - Monitoring Of Approved Cooperative Agreements
  (a) If, at any time following the approval of a cooperative agreement by the department, the department determines that as a result of changed circumstances ...
• Texas Health & Safety Code Section 314.005 - Judicial Review Of Department Action
  Any party aggrieved by a decision of the department in granting or denying an application, refusing to act on an application, or terminating a certificate ...
• Texas Health & Safety Code Section 314.006 - Validity Of Certified Cooperative Agreements
  (a) Notwithstanding Section 15.05(a), Business & Commerce Code, or any other provision of law, a cooperative agreement for which a certificate of public advantage has ...
• Texas Health & Safety Code Section 314.007 - Mergers And Consolidations Involving Hospitals
  The provisions of this chapter do not apply to any agreement among hospitals by which ownership or control over substantially all of the stock, assets ...
• Texas Health & Safety Code Section 314.008 - Authority To Adopt Rules; Effective Date
  (a) This Act specifically excludes ground and/or air ambulance services. (b) The department shall have the authority to adopt rules to implement the requirements of ...
• Texas Health & Safety Code Section 321.001 - Definitions
  In this chapter: (1) "Comprehensive medical rehabilitation" means the provision of rehabilitation services that are designed to improve or minimize a person's physical or cognitive ...
• Texas Health & Safety Code Section 321.002 - Bill Of Rights
  (a) The Texas Board of Mental Health and Mental Retardation, Texas Board of Health, and Texas Commission on Alcohol and Drug Abuse by rule shall ...
• Texas Health & Safety Code Section 321.003 - Suit For Harm Resulting From Violation
  (a) A treatment facility or mental health facility that violates a provision of, or a rule adopted under, this chapter, Subtitle C of Title 7, ...
• Texas Health & Safety Code Section 321.004 - Penalties
  In addition to the penalties prescribed by this chapter, a violation of a provision of this chapter by an individual or facility that is licensed ...
• Texas Health & Safety Code Section 322.001 - Definitions
  In this chapter: (1) "Facility" means: (A) a child-care institution, as defined by Section 42.002, Human Resources Code, including a state-operated facility, that is a ...
• Texas Health & Safety Code Section 322.001 - Definitions
  In this chapter: (1) "Community-wide plan" means an agreement entered into between one or more health care facilities, entities administering a sexual assault program, district ...
• Texas Health & Safety Code Section 322.002 - Plan For Emergency Services
  (a) At the request of the department, a health care facility shall submit to the department for approval a plan for providing the services required ...
• Texas Health & Safety Code Section 322.003 - Rejection Of Plan
  (a) If a plan required under Section 322.002 is not approved, the department shall: (1) return the plan to the health care facility; and (2) ...
• Texas Health & Safety Code Section 322.004 - Minimum Standards For Emergency Services
  (a) After a sexual assault survivor arrives at a health care facility following an alleged sexual assault, the facility shall: (1) provide care to the ...
• Texas Health & Safety Code Section 322.005 - Information Form
  (a) The department shall develop a standard information form for sexual assault survivors that must include: (1) a detailed explanation of the forensic medical examination ...
• Texas Health & Safety Code Section 322.006 - Inspection
  The department may conduct an inspection of a health care facility to ensure compliance with this chapter. Added by Acts 2005, 79th Leg., ch. 934, ...
• Texas Health & Safety Code Section 341.001 - Definitions
  In this chapter: (1) "Board" means the Texas Board of Health. (2) "Department" means the Texas Department of Health. (3) "Drinking water" means water distributed ...
• Texas Health & Safety Code Section 341.002 - Rules For Sanitation And Health Protection
  The board may: (1) adopt rules consistent with the purposes of this chapter; and (2) establish standards and procedures for the management and control of ...
• Texas Health & Safety Code Section 341.011 - Nuisance
  Each of the following is a public health nuisance: (1) a condition or place that is a breeding place for flies and that is in ...
• Texas Health & Safety Code Section 341.012 - Abatement Of Nuisance
  (a) A person shall abate a public health nuisance existing in or on a place the person possesses as soon as the person knows that ...
• Texas Health & Safety Code Section 341.013 - Garbage, Refuse, And Other Waste
  (a) Premises occupied or used as residences or for business or pleasure shall be kept in a sanitary condition. (b) Kitchen waste, laundry waste, or ...
• Texas Health & Safety Code Section 341.014 - Disposal Of Human Excreta
  (a) Human excreta in a populous area shall be disposed of through properly managed sewers, treatment tanks, chemical toilets, or privies constructed and maintained in ...
• Texas Health & Safety Code Section 341.015 - Sanitation Of Ice Plants
  (a) A person may not go on the platform covering the tanks in which ice is frozen in an ice factory unless the person is ...
• Texas Health & Safety Code Section 341.016 - Sanitation Of Businesses; Occupational Health And Safety
  (a) A person may not use or permit to be used in a business, manufacturing establishment, or other place of employment a process, material, or ...
• Texas Health & Safety Code Section 341.017 - Sanitation Facilities For Railroad Maintenance-Of-Way Employees
  (a) The board shall adopt reasonable rules to require railroads to provide adequate sanitation facilities for railroad maintenance-of-way employees. (b) The department may sue in ...
• Texas Health & Safety Code Section 341.018 - Rodent Control
  (a) A person who possesses an enclosed structure used or operated for public trade and who knows that the structure is infested with rodents shall: ...
• Texas Health & Safety Code Section 341.031 - Public Drinking Water
  (a) Public drinking water must be free from deleterious matter and must comply with the standards established by the commission or the United States Environmental ...
• Texas Health & Safety Code Section 341.0315 - Public Drinking Water Supply System Requirements
  (a) To preserve the public health, safety, and welfare, the commission shall ensure that public drinking water supply systems: (1) supply safe drinking water in ...
• Texas Health & Safety Code Section 341.032 - Drinking Water Provided By Common Carrier
  (a) Drinking water provided by a common carrier or the common carrier's agent shall be taken only from supplies certified as meeting the standards established ...
• Texas Health & Safety Code Section 341.033 - Protection Of Public Water Supplies
  (a) A person may not furnish drinking water to the public for a charge unless the production, processing, treatment, and distribution are at all times ...
• Texas Health & Safety Code Section 341.034 - Licensing And Registration Of Persons Who Perform Duties Relating To Public Water Supplies
  (a) A person who operates a public water supply on a contract basis must hold a registration issued by the commission under Chapter 37, Water ...
• Texas Health & Safety Code Section 341.035 - Approved Plans Required For Public Water Supplies
  (a) Except as provided by Subsection (d), a person may not begin construction of a public drinking water supply system unless the executive director of ...
• Texas Health & Safety Code Section 341.0351 - Notification Of System Changes
  Any person, including a municipality, supplying a drinking water service to the public that intends to make a material or major change in a water ...
• Texas Health & Safety Code Section 341.0352 - Advertised Quality Of Water Supply
  A water supply system owner, manager, or operator or an agent of a water supply system owner, manager, or operator may not advertise or announce ...
• Texas Health & Safety Code Section 341.0353 - Drinking Water Supply Comparative Rating Information
  The commission shall assemble and tabulate all necessary information relating to public drinking water supplies at least once each year and as often during the ...
• Texas Health & Safety Code Section 341.0354 - Highway Signs For Approved System Rating
  A water supply system that attains an approved rating is entitled to erect signs of a design approved by the commission on highways approaching the ...
• Texas Health & Safety Code Section 341.0355 - Financial Assurance For Certain Systems
  (a) The commission may require the owner or operator of a public drinking water supply system that was constructed without the approval required by Section ...
• Texas Health & Safety Code Section 341.0356 - Order To Stop Operations
  (a) A public water supply system shall stop operations on receipt of a written notification of the executive director of the commission or an order ...
• Texas Health & Safety Code Section 341.036 - Sanitary Defects At Public Drinking Water Supply Systems
  (a) A sanitary defect at a public drinking water supply system that obtains its water supply from underground sources shall be immediately corrected. (b) A ...
• Texas Health & Safety Code Section 341.037 - Protection Of Bodies Of Water From Sewage
  The commission shall enforce state laws and take other necessary action to protect a spring, well, pond, lake, reservoir, or other stream in this state ...
• Texas Health & Safety Code Section 341.038 - Protection Of Impounded Water From Disease-Bearing Mosquitoes
  A person that impounds water for public use shall cooperate with the commission and local departments of health to control disease-bearing mosquitoes on the impounded ...
• Texas Health & Safety Code Section 341.039 - Graywater Standards
  (a) The commission by rule shall adopt and implement minimum standards for the use and reuse of graywater for: (1) irrigation and other agricultural purposes; ...
• Texas Health & Safety Code Section 341.040 - Definition
  In this subchapter, "commission" means the Texas Natural Resource Conservation Commission. Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, § 1.024, eff. Aug. ...
• Texas Health & Safety Code Section 341.041 - Fees
  (a) The commission by rule may charge fees to a person who owns, operates, or maintains a public drinking water supply system. The commission may ...
• Texas Health & Safety Code Section 341.042 - Standards For Harvested Rainwater
  The commission shall establish recommended standards relating to the domestic use of harvested rainwater, including health and safety standards for treatment and collection methods for ...
• Texas Health & Safety Code Section 341.046 - Nonapplicability Of Subchapter F
  Subchapter F does not apply to this subchapter. Added by Acts 1993, 73rd Leg., ch. 353, § 2, eff. Sept. 1, 1993. ...
• Texas Health & Safety Code Section 341.047 - Criminal Penalty
  (a) A person commits an offense if the person: (1) violates a provision of Section 341.031; (2) violates a provision of Section 341.032(a) or (b); ...
• Texas Health & Safety Code Section 341.048 - Civil Enforcement
  (a) A person may not cause, suffer, allow, or permit a violation of this subchapter or a rule or order adopted under this subchapter. (b) ...
• Texas Health & Safety Code Section 341.0485 - Water Utility Improvement Account
  (a) The water utility improvement account is created outside of the state treasury. (b) A civil or administrative penalty payable to the state that is ...
• Texas Health & Safety Code Section 341.049 - Administrative Penalty
  (a) If a person causes, suffers, allows, or permits a violation of this subchapter or a rule or order adopted under this subchapter, the commission ...
• Texas Health & Safety Code Section 341.050 - Penalties Cumulative
  All penalties accruing under this subchapter are cumulative of all other remedies, and a suit for recovery of any penalty does not bar or affect ...
• Texas Health & Safety Code Section 341.061 - Toilet Facilities
  An operator, manager, or superintendent of a public building, schoolhouse, theater, filling station, tourist court, bus station, or tavern shall provide and maintain sanitary toilet ...
• Texas Health & Safety Code Section 341.062 - Public Buildings
  A public building constructed after September 4, 1945, shall incorporate the heating, ventilation, plumbing, and screening features necessary to protect the public health and safety. ...
• Texas Health & Safety Code Section 341.063 - Sanitation Of Bus Line, Airline, And Coastwise Vessel
  A person managing or operating a bus line or airline in this state, or a person operating a coastwise vessel along the shores of this ...
• Texas Health & Safety Code Section 341.064 - Swimming Pools And Bathhouses
  (a) An owner, manager, operator, or other attendant in charge of a public swimming pool shall maintain the pool in a sanitary condition. (b) The ...
• Texas Health & Safety Code Section 341.065 - School Buildings And Grounds
  (a) A school building must be located on grounds that are well drained and maintained in a sanitary condition. (b) A school building must be ...
• Texas Health & Safety Code Section 341.066 - Tourist Courts, Hotels, Inns, And Rooming Houses
  (a) A person operating a tourist court, hotel, inn, or rooming house in this state shall: (1) provide a safe and ample water supply for ...
• Texas Health & Safety Code Section 341.067 - Fairgrounds, Public Parks, And Amusement Centers
  (a) A fairground, public park, or amusement center of any kind shall be maintained in a sanitary condition. (b) Food and beverages sold in a ...
• Texas Health & Safety Code Section 341.068 - Restroom Availability Where The Public Congregates
  (a) Publicly and privately owned facilities where the public congregates shall be equipped with sufficient temporary or permanent restrooms to meet the needs of the ...
• Texas Health & Safety Code Section 341.081 - Authority Of Home-Rule Municipalities Not Affected
  This chapter prescribes the minimum requirements of sanitation and health protection in this state and does not affect a home-rule municipality's authority to enact: (1) ...
• Texas Health & Safety Code Section 341.082 - Appointment Of Environmental Health Officer In Certain Home-Rule Municipalities
  (a) In a home-rule municipality, an environmental health officer may be appointed to enforce this chapter. (b) The environmental health officer must be a registered ...
• Texas Health & Safety Code Section 341.091 - Criminal Penalty
  (a) A person commits an offense if the person violates this chapter or a rule adopted under this chapter. A person commits an offense if ...
• Texas Health & Safety Code Section 341.092 - Civil Enforcement
  (a) A person may not cause, suffer, allow, or permit a violation of this chapter or a rule adopted under this chapter. (b) A person ...
• Texas Health & Safety Code Section 341.101 - Definitions
  In this subchapter: (1) "Commission" means the Texas Natural Resource Conservation Commission. (2) "Installation of water treatment appliances" includes connecting the appliances to all necessary ...
• Texas Health & Safety Code Section 341.102 - Water Treatment Specialist Certification Program
  (a) The commission by rule shall establish a program to certify persons qualified to install, exchange, service, and repair residential, commercial, or industrial water treatment ...
• Texas Health & Safety Code Section 341.103 - Certification Required
  A person may not engage in water treatment unless the person first obtains a certificate from the commission under the program established under this subchapter. ...
• Texas Health & Safety Code Section 341.104 - Application For Certification
  A person desiring to obtain certification under the program established under this subchapter shall file with the commission: (1) an application in the form prescribed ...
• Texas Health & Safety Code Section 341.105 - Issuance Of Certificate
  (a) On receipt of an application that meets commission requirements and the required fee, the commission shall issue to a person who meets commission standards ...
• Texas Health & Safety Code Section 342.001 - Municipal Power Concerning Stagnant Water And Other Unsanitary Conditions
  (a) The governing body of a municipality may require the filling, draining, and regulating of any place in the municipality that is unwholesome, contains stagnant ...
• Texas Health & Safety Code Section 342.002 - Municipal Power Concerning Sewers And Privies
  The governing body of a municipality may: (1) regulate the making, filling, altering, or repairing of sewers and privies; (2) direct the mode and material ...
• Texas Health & Safety Code Section 342.003 - Municipal Power Concerning Filth, Carrion, And Other Unwholesome Matter
  The governing body of a municipality may regulate the cleaning of a building, establishment, or ground from filth, carrion, or other impure or unwholesome matter. ...
• Texas Health & Safety Code Section 342.004 - Municipal Power Concerning Weeds Or Other Unsanitary Matter
  The governing body of a municipality may require the owner of a lot in the municipality to keep the lot free from weeds, rubbish, brush, ...
• Texas Health & Safety Code Section 342.005 - Violation Of Ordinance
  The governing body of a municipality may punish an owner or occupant of property in the municipality who violates an ordinance adopted under this subchapter. ...
• Texas Health & Safety Code Section 342.006 - Work Or Improvements By Municipality; Notice
  (a) If the owner of property in the municipality does not comply with a municipal ordinance or requirement under this chapter within seven days of ...
• Texas Health & Safety Code Section 342.007 - Assessment Of Expenses; Lien
  (a) The governing body of a municipality may assess expenses incurred under Section 342.006 against the real estate on which the work is done or ...
• Texas Health & Safety Code Section 342.008 - Additional Authority To Abate Dangerous Weeds
  (a) A municipality may abate, without notice, weeds that: (1) have grown higher than 48 inches; and (2) are an immediate danger to the health, ...
• Texas Health & Safety Code Section 342.021 - Power Of Type A General-Law Municipality Concerning Carcasses Or Other Unwholesome Matter
  (a) The governing body of a Type A general-law municipality may: (1) prevent a person from bringing, depositing, or having in the municipal limits a ...
• Texas Health & Safety Code Section 342.022 - Joint Sanitary Regulations Of Type A General-Law Municipality And County
  The governing body of a Type A general-law municipality may cooperate with the commissioner's court of the county in which the municipality is located in ...
• Texas Health & Safety Code Section 343.002 - Definitions
  In this chapter: (1) "Abate" means to eliminate by removal, repair, rehabilitation, or demolition. (2) "Building" means a structure built for the support, shelter, or ...
• Texas Health & Safety Code Section 343.003 - Effect Of Chapter On Other State Law
  This chapter does not affect a right, remedy, or penalty under other state law. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, ...
• Texas Health & Safety Code Section 343.011 - Public Nuisance
  (a) This section applies only to the unincorporated area of a county. (b) A person may not cause, permit, or allow a public nuisance under ...
• Texas Health & Safety Code Section 343.0111 - Special Exception Or Variance To Public Nuisance Classification
  (a) The commissioners court of a county by order may: (1) describe the circumstances in which a special exception to the application of Section 343.011 ...
• Texas Health & Safety Code Section 343.012 - Criminal Penalty
  (a) A person commits an offense if: (1) the person violates Section 343.011(b); and (2) the nuisance remains unabated after the 30th day after the ...
• Texas Health & Safety Code Section 343.013 - Injunction
  (a) A county or district court may by injunction prevent or restrain a violation of this chapter in the unincorporated area of the county. (b) ...
• Texas Health & Safety Code Section 343.021 - Authority To Abate Nuisance
  A county may abate a nuisance under this chapter by demolition or removal or, in the case of a nuisance under Section 343.011(c)(1), (8), or ...
• Texas Health & Safety Code Section 343.022 - Abatement Procedures
  (a) The abatement procedures adopted by the commissioners court must be administered by a regularly salaried, full-time county employee, but the prohibition or control of ...
• Texas Health & Safety Code Section 343.023 - Assessment Of Costs; Lien
  (a) A county may: (1) assess the cost of abating the nuisance, the cost of legal notification by publication, and an administrative fee of not ...
• Texas Health & Safety Code Section 343.0235 - Use Of County Funds
  A county is entitled to use any money available under other law for a cleanup or remediation of private property to abate a nuisance described ...
• Texas Health & Safety Code Section 343.024 - Authority To Enter Premises
  (a) A county official, agent, or employee charged with the enforcement of health, environmental, safety, or fire laws may enter any premises in the unincorporated ...
• Texas Health & Safety Code Section 343.025 - Enforcement
  A court of competent jurisdiction in the county may issue any order necessary to enforce this chapter. Acts 1989, 71st Leg., ch. 678, § 1, ...
• Texas Health & Safety Code Section 344.001 - Election On Establishment And Tax Levy
  The county judge on being petitioned by at least 200 qualified voters of the county may order an election to determine if the qualified voters ...
• Texas Health & Safety Code Section 344.002 - Ballot Propositions
  The ballot for an election under this chapter shall be printed to provide for voting for or against the propositions: (1) "The establishment of a ...
• Texas Health & Safety Code Section 344.003 - Levy And Collection Of Tax
  (a) If the election results are in favor of the establishment of a mosquito control district and the levy of a tax, the commissioners court ...
• Texas Health & Safety Code Section 344.004 - Advisory Commission
  (a) The commissioners court in each county in which a mosquito control district is established shall appoint an advisory commission composed of five members who ...
• Texas Health & Safety Code Section 344.005 - Mosquito Control Engineer
  (a) The commissioners court in each county that has established a mosquito control district may appoint a mosquito control engineer who must be well qualified ...
• Texas Health & Safety Code Section 344.006 - Merger Of Districts
  (a) The commissioners courts of two or more counties operating under this chapter may enter into an agreement to merge their separate districts into a ...
• Texas Health & Safety Code Section 344.007 - Election On Dissolution Of District
  Each commissioners court that has established a mosquito control district under this chapter shall order an election to dissolve the mosquito control district on a ...
• Texas Health & Safety Code Section 345.001 - Definitions
  In this chapter: (1) "Bedding" means a mattress, mattress pad, mattress protector, box spring, sofa bed, studio couch, chairbed, convertible bed, convertible lounge, pillow, bolster, ...
• Texas Health & Safety Code Section 345.002 - Evidence Of Intent To Sell
  The possession of bedding by a manufacturer, renovator, wholesaler, or person holding a germicidal treatment permit in the course of business is presumptive evidence of ...
• Texas Health & Safety Code Section 345.003 - Payment To Department
  Money collected in the administration of this chapter is payable to the department. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 345.004 - Limit On Expenditure Of Money
  The expenditure of money under this chapter may not exceed the amount of money collected under this chapter. Acts 1989, 71st Leg., ch. 678, § ...
• Texas Health & Safety Code Section 345.005 - Materials Obtained From Dump Or Junkyard
  (a) A person may not manufacture, repair, or renovate bedding or batting using discarded materials obtained from any dump or junkyard. (b) A person may ...
• Texas Health & Safety Code Section 345.0055 - Material Used In Bedding
  (a) The department may adopt rules relating to material used in new or renovated bedding, including rules: (1) requiring the use of burn resistant material; ...
• Texas Health & Safety Code Section 345.006 - Applicability Of Chapter
  This chapter does not apply to bedding manufactured, repaired, or renovated before June 30, 1939. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. ...
• Texas Health & Safety Code Section 345.007 - Advisory Commission
  The Texas Board of Health may appoint an advisory commission composed of representatives of consumers and the bedding industry to assist the board in implementing ...
• Texas Health & Safety Code Section 345.021 - Label Required
  (a) A person may not manufacture, repair, renovate, or sell bedding unless a label that conforms to this subchapter is: (1) securely attached to the ...
• Texas Health & Safety Code Section 345.022 - Labels On Bedding Made Of New Or Secondhand Material
  (a) A label required under this section shall be attached at the factory in which the bedding is manufactured. (b) A label attached to bedding ...
• Texas Health & Safety Code Section 345.023 - False Or Misleading Statement Prohibited
  A person may not make a false or misleading statement on a label required by Section 345.022. Acts 1989, 71st Leg., ch. 678, § 1, ...
• Texas Health & Safety Code Section 345.024 - Germicidal Treatment Of Bedding And Materials
  (a) Except as provided by Subsection (b), a person may not sell secondhand bedding or bedding manufactured in whole or in part from secondhand or ...
• Texas Health & Safety Code Section 345.025 - Label Required On Filling Material
  A processor shall identify each item of material to be used for filling bedding by affixing to the filling material a label as required by ...
• Texas Health & Safety Code Section 345.026 - Removal, Defacement, Or Alteration
  A person may not remove, deface, or alter, or cause the removal, defacing, or alteration of, a label or a statement on the label to ...
• Texas Health & Safety Code Section 345.027 - Color Of Label And Lettering
  The department may adopt rules governing the color of label required under this subchapter and the color of the lettering on the label. Acts 1989, ...
• Texas Health & Safety Code Section 345.028 - Application To Recycled Material
  Notwithstanding any other provision of this subchapter, this subchapter applies to bedding manufactured, repaired, or renovated in whole or in part from recycled materials only ...
• Texas Health & Safety Code Section 345.041 - Permits
  (a) A person may not manufacture, wholesale, or engage in the business of renovating or selling bedding in this state or for delivery in this ...
• Texas Health & Safety Code Section 345.042 - Permit To Apply Germicidal Treatment
  (a) A person may not apply a germicidal process unless: (1) the process has been registered with and approved by the department; and (2) the ...
• Texas Health & Safety Code Section 345.043 - Fees; Expiration
  (a) The Texas Board of Health shall set the fees for an initial permit issued under this chapter and for renewal of a permit issued ...
• Texas Health & Safety Code Section 345.0435 - Adoption Of Rules; Minimum Standards
  (a) The executive commissioner of the Health and Human Services Commission shall adopt rules necessary to implement this subchapter, including requirements for the issuance, renewal, ...
• Texas Health & Safety Code Section 345.0436 - Submission Of Product Test Results Or Sample
  In conjunction with the issuance or renewal of a permit under this subchapter, the department may require the applicant or permit holder to submit: (1) ...
• Texas Health & Safety Code Section 345.044 - Revocation Of Permit For Unsanitary Condition
  (a) A bedding manufacturer or renovator shall keep the manufacturer's or renovator's place of business in a sanitary condition satisfactory to the department. (b) The ...
• Texas Health & Safety Code Section 345.045 - Minimum Sanitary Standards For Germicidal Treatment Permit
  (a) The holder of a germicidal treatment permit must maintain the permit holder's place of business in a sanitary condition free from refuse, dirt contamination, ...
• Texas Health & Safety Code Section 345.081 - Duty To Enforce Chapter
  The department shall enforce this chapter for the protection of the public health and welfare. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. ...
• Texas Health & Safety Code Section 345.082 - Rulemaking Authority
  The department may adopt rules to implement and enforce this chapter. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 345.083 - Inspection
  (a) To determine compliance with this chapter or a rule adopted under this chapter, a representative of the department may enter a place at which: ...
• Texas Health & Safety Code Section 345.084 - Sale Of Bedding Or Material Prohibited By Department
  (a) A representative of the department may prohibit the sale of specified bedding or material that is being or could be offered for sale in ...
• Texas Health & Safety Code Section 345.085 - Judicial Review
  A person aggrieved by a final decision of the department is entitled to judicial review. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. ...
• Texas Health & Safety Code Section 345.086 - Interference With Department Representative
  A person may not interfere with, obstruct, or hinder a representative of the department performing a duty under this chapter. Acts 1989, 71st Leg., ch. ...
• Texas Health & Safety Code Section 345.087 - Prohibited Acts; Criminal Offense
  (a) A person commits an offense if a person: (1) manufactures, repairs, or renovates: (A) bedding using material in violation of rules adopted under Section ...
• Texas Health & Safety Code Section 345.101 - Administrative Penalty
  (a) The department may assess an administrative penalty against a person who violates this chapter or a rule adopted under this chapter. (b) The penalty ...
• Texas Health & Safety Code Section 345.102 - Notice; Request For Hearing
  (a) If, after investigation of a possible violation and the facts surrounding that possible violation, the department determines that a violation has occurred, the department ...
• Texas Health & Safety Code Section 345.103 - Hearing; Order
  (a) If the person notified requests a hearing, the department shall: (1) set a hearing; (2) give written notice of the hearing to the person; ...
• Texas Health & Safety Code Section 345.104 - Notice And Payment Of Administrative Penalty; Judicial Review; Refund
  (a) The department shall give notice of the order under Section 345.103(c) to the person alleged to have committed the violation. The notice must include: ...
• Texas Health & Safety Code Section 345.105 - Penalty Deposited To State Treasury
  An administrative penalty collected under this subchapter shall be deposited in the state treasury to the credit of the general revenue fund. Added by Acts ...
• Texas Health & Safety Code Section 345.106 - Injunction
  (a) At the request of the commissioner of public health, the attorney general may petition the district court for a temporary restraining order to restrain ...
• Texas Health & Safety Code Section 345.107 - Recovery Of Costs
  (a) The department may assess reasonable expenses and costs against a person in an administrative hearing if, as a result of the hearing, the person's ...
• Texas Health & Safety Code Section 345.131 - Definitions
  In this subchapter: (1) "Authorized agent" means an employee of the department who is designated by the commissioner of public health to enforce the provisions ...
• Texas Health & Safety Code Section 345.132 - Detained Or Embargoed Bedding
  (a) The commissioner of public health or an authorized agent may detain or embargo bedding under this section if the commissioner or the authorized agent ...
• Texas Health & Safety Code Section 345.133 - Removal Order For Detained Or Embargoed Bedding
  (a) If the claimant of the detained or embargoed bedding or the claimant's agent fails or refuses to transfer the bedding to a secure place ...
• Texas Health & Safety Code Section 345.134 - Condemnation
  An action for the condemnation of bedding may be brought before a court in whose jurisdiction the bedding is located, detained, or embargoed if the ...
• Texas Health & Safety Code Section 345.135 - Recall Orders
  (a) In conjunction with the detention or embargo of bedding under this subchapter, the commissioner of public health may order bedding to be recalled from ...
• Texas Health & Safety Code Section 345.136 - Destruction Of Bedding
  (a) A court shall order the destruction of detained or embargoed bedding if the court finds that the bedding violates this chapter or a rule ...
• Texas Health & Safety Code Section 345.137 - Correction By Proper Labeling Or Processing
  (a) A court may order the delivery of detained or embargoed bedding that violates this chapter or a rule or standard adopted under this chapter ...
• Texas Health & Safety Code Section 361.001 - Short Title
  This chapter may be cited as the Solid Waste Disposal Act. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 361.002 - Policy; Findings
  (a) It is this state's policy and the purpose of this chapter to safeguard the health, welfare, and physical property of the people and to ...
• Texas Health & Safety Code Section 361.003 - Definitions
  Unless the context requires a different definition, in this chapter: (1) "Apparent recharge zone" means that recharge zone designated on maps prepared or compiled by, ...
• Texas Health & Safety Code Section 361.011 - Commission's Jurisdiction: Municipal Solid Waste
  (a) The commission is responsible under this section for the management of municipal solid waste, excluding hazardous municipal waste, and shall coordinate municipal solid waste ...
• Texas Health & Safety Code Section 361.013 - Solid Waste Disposal And Transportation Fees
  (a) Except as provided by Subsections (e) through (i), the commission shall charge a fee on all solid waste that is disposed of within this ...
• Texas Health & Safety Code Section 361.0135 - Composting Refund
  (a) The operator of a public or privately owned municipal solid waste facility is entitled to a refund of 15 percent of the solid waste ...
• Texas Health & Safety Code Section 361.014 - Use Of Solid Waste Fee Revenue
  (a) Revenue received by the commission under Section 361.013 shall be deposited in the state treasury to the credit of the commission. Half of the ...
• Texas Health & Safety Code Section 361.015 - Jurisdiction: Radioactive Waste
  (a) The commission is the state agency under Chapter 401 that licenses and regulates radioactive waste disposal activities not preemptively regulated by the federal government. ...
• Texas Health & Safety Code Section 361.0151 - Recycling
  (a) The commission shall establish and administer a waste minimization and recycling office within the commission that provides technical assistance to local governments concerning waste ...
• Texas Health & Safety Code Section 361.016 - Memorandum Of Understanding By Commission
  The commission by rule shall adopt: (1) any memorandum of understanding between the commission and any other state agency; and (2) any revision of a ...
• Texas Health & Safety Code Section 361.017 - Commission's Jurisdiction: Industrial Solid Waste And Hazardous Municipal Waste
  (a) The commission is responsible for the management of industrial solid waste and hazardous municipal waste and shall coordinate industrial solid waste activities and hazardous ...
• Texas Health & Safety Code Section 361.018 - Commission's Jurisdiction Over Hazardous Waste Components Of Radioactive Waste
  (a) The commission has the powers under this chapter necessary or convenient to carry out its responsibilities concerning the regulation of the management of hazardous ...
• Texas Health & Safety Code Section 361.019 - Approval Of Industrial Solid Waste Management In Municipal Solid Waste Facility
  (a) Except as provided by Subsection (b), Class I nonhazardous industrial solid waste and small quantities of hazardous waste generated by conditionally exempt small quantity ...
• Texas Health & Safety Code Section 361.0202 - Development Of Education Programs
  (a) The commission shall develop a public awareness program to increase awareness of individual responsibility for properly reducing and disposing of municipal solid waste and ...
• Texas Health & Safety Code Section 361.0215 - Pollution Prevention Advisory Committee
  (a) The pollution prevention advisory committee is composed of nine members with a balanced representation of environmental and public interest groups and the regulated community. ...
• Texas Health & Safety Code Section 361.0216 - Office Of Pollution Prevention
  The office of pollution prevention is created in the executive office of the commission to direct and coordinate all source reduction and waste minimization activities ...
• Texas Health & Safety Code Section 361.0219 - Office Of Waste Exchange
  (a) The office of waste exchange is an office of the commission. (b) The office shall facilitate the exchange of solid waste, recyclable or compostable ...
• Texas Health & Safety Code Section 361.022 - Public Policy Concerning Municipal Solid Waste And Sludge
  (a) To protect the public health and environment, it is the state's goal, through source reduction, to eliminate the generation of municipal solid waste and ...
• Texas Health & Safety Code Section 361.023 - Public Policy Concerning Hazardous Waste
  (a) To protect the public health and environment, it is the state's goal, through source reduction, to eliminate the generation of hazardous waste to the ...
• Texas Health & Safety Code Section 361.0231 - Public Policy Concerning Adequate Capacity For Industrial And Hazardous Waste
  (a) To protect the public health and environment taking into consideration the economic development of the state, and assure the continuation of the federal funding ...
• Texas Health & Safety Code Section 361.0235 - Hazardous Waste Generated In Foreign Country
  (a) Except as otherwise provided by this section, a person may not receive, transport, or cause to be transported into this state, for the purpose ...
• Texas Health & Safety Code Section 361.024 - Rules And Standards
  (a) The commission may adopt rules consistent with this chapter and establish minimum standards of operation for the management and control of solid waste under ...
• Texas Health & Safety Code Section 361.025 - Exempt Activities
  (a) The commission and the Railroad Commission of Texas shall jointly prepare an exclusive list of activities that are associated with oil and gas exploration, ...
• Texas Health & Safety Code Section 361.026 - Assistance Provided By Commission
  The commission may: (1) provide educational, advisory, and technical services concerning solid waste management to other state agencies, regional planning agencies, local governments, special districts, ...
• Texas Health & Safety Code Section 361.027 - Licensure Of Solid Waste Facility Supervisors
  The commission may implement a program under Chapter 37, Water Code, to license persons who supervise the operation or maintenance of solid waste facilities. Acts ...
• Texas Health & Safety Code Section 361.028 - Industrial Solid And Hazardous Waste Materials Exchange
  (a) The commission shall establish an industrial solid and hazardous waste materials exchange that provides for the exchange, between interested persons, of information concerning: (1) ...
• Texas Health & Safety Code Section 361.029 - Collection And Disposal Of Household Materials That Could Be Classified As Hazardous Waste
  (a) The commission shall provide by rule for interested persons to engage in activities that involve the collection and disposal of household materials that could ...
• Texas Health & Safety Code Section 361.030 - Federal Funds
  The commission may accept funds from the federal government for purposes concerning solid waste management and spend money received from the federal government for those ...
• Texas Health & Safety Code Section 361.031 - Financial Assistance To Local Governments
  (a) The commission may administer and spend state funds provided to the commission by legislative appropriations, or otherwise, to make grants to local governments for: ...
• Texas Health & Safety Code Section 361.032 - Inspections; Right Of Entry
  (a) The commission may inspect and approve solid waste facilities used or proposed to be used to store, process, or dispose of solid waste. (b) ...
• Texas Health & Safety Code Section 361.033 - Inspections Required By Environmental Protection Agency
  (a) The commission shall inspect regulated hazardous waste management and disposal facilities periodically as required by the United States Environmental Protection Agency under the federal ...
• Texas Health & Safety Code Section 361.035 - Records And Reports; Disposal Of Hazardous Waste
  (a) The commission by rule shall require operators of solid waste facilities for disposal of hazardous waste to maintain records and to submit to the ...
• Texas Health & Safety Code Section 361.036 - Records And Manifests Required; Class I Industrial Solid Waste Or Hazardous Waste
  The commission by rule shall require a person who generates, transports, processes, stores, or disposes of Class I industrial solid waste or hazardous waste to ...
• Texas Health & Safety Code Section 361.037 - Access To Hazardous Waste Records
  (a) Authorized agents or employees of the commission have access to and may examine and copy during regular business hours any records pertaining to hazardous ...
• Texas Health & Safety Code Section 361.039 - Construction Of Other Laws
  Except as specifically provided by this chapter, this chapter does not diminish or limit the authority of the commission, the Texas Department of Health, or ...
• Texas Health & Safety Code Section 361.040 - Development And Use Of Landfill Gas
  Text of section effective until September 1, 2007 (a) The legislature finds that: (1) there are many municipal solid waste landfills in this state ...
• Texas Health & Safety Code Section 361.061 - Permits; Solid Waste Facility
  Except as provided by Section 361.090 with respect to certain industrial solid waste, the commission may require and issue permits authorizing and governing the construction, ...
• Texas Health & Safety Code Section 361.062 - Compatibility With County's Plan
  (a) Before the commission issues a permit to construct, operate, or maintain a solid waste facility to process, store, or dispose of solid waste in ...
• Texas Health & Safety Code Section 361.063 - Preapplication Local Review Committee Process
  (a) The commission shall encourage applicants for solid waste facilities or for hazardous waste management facilities to enter into agreements with affected persons to resolve ...
• Texas Health & Safety Code Section 361.0635 - Preapplication Meeting
  (a) If requested by a person who intends to file a permit application, the commission shall provide the person an opportunity to meet with one ...
• Texas Health & Safety Code Section 361.064 - Permit Application Form And Procedures
  (a) If the commission exercises the power to issue permits for solid waste facilities under this subchapter, the commission, to the extent not otherwise provided ...
• Texas Health & Safety Code Section 361.0641 - Notice To State Senator And Representative
  On receiving an application for, or notice of intent to file an application for, a permit to construct, operate, or maintain a facility to store, ...
• Texas Health & Safety Code Section 361.066 - Submission Of Administratively Complete Permit Application
  (a) An applicant must submit any portion of an application that the commission determines is necessary to make the application administratively complete not later than ...
• Texas Health & Safety Code Section 361.0665 - Notice Of Intent To Obtain Municipal Solid Waste Permit
  (a) A person who applies for a municipal solid waste permit shall publish notice of intent to obtain a permit under this chapter at least ...
• Texas Health & Safety Code Section 361.0666 - Public Meeting And Notice For Solid Waste Facilities
  (a) An applicant for a permit under this chapter for a new facility that accepts municipal solid wastes may hold a public meeting in the ...
• Texas Health & Safety Code Section 361.067 - Review Of Permit Application By Other Governmental Entities
  (a) If the commission determines that a permit application submitted to it is administratively complete, it shall mail a copy of the application or a ...
• Texas Health & Safety Code Section 361.068 - Administratively Complete Application
  (a) A permit application is administratively complete when: (1) a complete permit application form and the report and fees required to be submitted with a ...
• Texas Health & Safety Code Section 361.069 - Determination Of Land Use Compatibility
  The commission in its discretion may, in processing a permit application, make a separate determination on the question of land use compatibility, and, if the ...
• Texas Health & Safety Code Section 361.078 - Maintenance Of State Program Authorization Under Federal Law
  This subchapter does not abridge, modify, or restrict the authority of the commission to adopt rules under Subchapters B and C, to issue permits and ...
• Texas Health & Safety Code Section 361.079 - Notice Concerning Receipt Of Permit Application; Hearing Procedures
  (a) Except as provided by Sections 361.080(b) and 361.081(c), the commission by rule shall establish procedures for public notice and a public hearing under Section ...
• Texas Health & Safety Code Section 361.0791 - Public Meeting And Notice Requirement
  (a) Notwithstanding other law, the commission may hold a public meeting on an application for a new hazardous waste management facility in the county in ...
• Texas Health & Safety Code Section 361.080 - Hearing Concerning Permit Application For Hazardous Industrial Solid Waste Facility
  (a) A hearing on an application for a permit concerning a hazardous industrial solid waste facility must include one session held in the county in ...
• Texas Health & Safety Code Section 361.081 - Notice Of Hearing Concerning Application For A Solid Waste Facility
  (a) The commission shall require the applicant to mail notice to each residential or business address located within one-half mile of a new solid waste ...
• Texas Health & Safety Code Section 361.082 - Application For Hazardous Waste Permit; Notice And Hearing
  (a) A person may not process, store, or dispose of hazardous waste without having first obtained a hazardous waste permit issued by the commission. (b) ...
• Texas Health & Safety Code Section 361.083 - Evidence Of Notice Of Hearing
  (a) Before the commission may hear testimony in a contested case, evidence must be placed in the record to show that proper notice of the ...
• Texas Health & Safety Code Section 361.0831 - Ex Parte Contacts Prohibited
  (a) Unless required for the disposition of ex parte matters authorized by law, or unless permitted by Section 2001.061, Government Code, a hearings examiner may ...
• Texas Health & Safety Code Section 361.0832 - Proposal For Decision; Certified Issues; Reversal By Commission
  (a) After hearing evidence and receiving legal arguments, a hearings examiner shall make findings of fact, conclusions of law, and any ultimate findings required by ...
• Texas Health & Safety Code Section 361.0833 - Costs For Information Provided By A Person Affected Regarding Hazardous Waste Permit
  (a) After considering the factors in Subsection (e), the commission may order the applicant for a permit for a new hazardous waste management facility to ...
• Texas Health & Safety Code Section 361.084 - Compliance Summaries
  (a) The commission by rule shall establish a procedure to prepare compliance summaries relating to the applicant's solid waste management activities in accordance with the ...
• Texas Health & Safety Code Section 361.085 - Financial Assurance And Disclosure By Permit Applicant
  (a) Before a permit may be issued, amended, transferred, extended, or renewed for a hazardous waste management facility, the commission shall require as a part ...
• Texas Health & Safety Code Section 361.0855 - Demonstration Of Financial Assurance
  (a) In this section: (1) "Bonds" means financial obligations issued by a local government, including general obligation bonds, revenue bonds, and certificates of obligation. (2) ...
• Texas Health & Safety Code Section 361.086 - Separate Permit For Each Facility
  (a) A separate permit is required for each solid waste facility. (b) A permit under this subchapter may be issued only to the person in ...
• Texas Health & Safety Code Section 361.0861 - Separate Recycling Or Recovery Permit Not Required
  (a) A permit holder or a municipal solid waste management facility that has or plans to have a recycling, waste separation, energy and material recovery, ...
• Texas Health & Safety Code Section 361.087 - Contents Of Permit
  A permit issued under this subchapter must include: (1) the name and address of each person who owns the land on which the solid waste ...
• Texas Health & Safety Code Section 361.0871 - Evaluation Of Waste Stream; Land Use And Need
  (a) Before a permit may be issued for a new hazardous waste management facility or amended to provide for capacity expansion, the applicant shall identify ...
• Texas Health & Safety Code Section 361.088 - Permit Issuance, Amendment, Extension And Renewal; Notice And Hearing
  (a) The commission may amend, extend, or renew a permit it issues in accordance with reasonable procedures prescribed by the commission. (b) The procedures prescribed ...
• Texas Health & Safety Code Section 361.0885 - Denial Of Application; Involvement Of Former Employee
  (a) After providing an opportunity for a hearing to an applicant, the state agency shall deny an application for the issuance, amendment, renewal, or transfer ...
• Texas Health & Safety Code Section 361.089 - Permit Denial Or Amendment; Notice And Hearing
  (a) The commission may, for good cause, deny or amend a permit it issues or has authority to issue for reasons pertaining to public health, ...
• Texas Health & Safety Code Section 361.0895 - Facilities Required To Obtain Federal Approval
  For a commercial hazardous waste disposal well facility originally permitted by the commission after June 7, 1991, and which is required to obtain from the ...
• Texas Health & Safety Code Section 361.090 - Regulation And Permitting Of Certain Industrial Solid Waste Disposal
  (a) The commission may not require a permit under this chapter for the collection, handling, storage, processing, and disposal of industrial solid waste that is ...
• Texas Health & Safety Code Section 361.0901 - Regulation And Permitting Of Certain Commercial Industrial Solid Waste Facilities
  (a) In this section: (1) "Captured facility" has the meaning assigned by Section 361.131. (2) "Commercial industrial solid waste facility" means any industrial solid waste ...
• Texas Health & Safety Code Section 361.091 - Enclosed Containers Or Vehicles; Permits; Inspections
  (a) A municipal solid waste site or operation permitted as a Type IV landfill may not accept solid waste that is in a completely enclosed ...
• Texas Health & Safety Code Section 361.092 - Registration For Extracting Materials From Certain Solid Waste Facilities
  (a) The commission may require a registration to extract materials for energy and material recovery and for gas recovery from closed or inactive portions of ...
• Texas Health & Safety Code Section 361.093 - Regulation And Permitting Of Rendering Plants
  (a) A manufacturing or processing establishment, commonly known as a rendering plant, that processes waste materials originating from animals and from materials of vegetable origin, ...
• Texas Health & Safety Code Section 361.094 - Permit Holder Exempt From Local License Requirements
  If a permit is issued, amended, renewed, or extended by the commission in accordance with this subchapter, the solid waste facility owner or operator does ...
• Texas Health & Safety Code Section 361.095 - Applicant For Hazardous Waste Management Facility Permit Exempt From Local Permit
  (a) An applicant for a permit under this subchapter is not required to obtain a permit for the siting, construction, or operation of a hazardous ...
• Texas Health & Safety Code Section 361.096 - Effect On Authority Of Local Government Or Other Political Subdivision
  (a) Except as specifically provided by this chapter, this subchapter does not limit the powers and duties of a local government or other political subdivision ...
• Texas Health & Safety Code Section 361.0961 - Restrictions On Authority Of Local Government Or Other Political Subdivision
  (a) A local government or other political subdivision may not adopt an ordinance, rule, or regulation to: (1) prohibit or restrict, for solid waste management ...
• Texas Health & Safety Code Section 361.097 - Condition On Issuance Of Permit For Hazardous Waste Management Facility
  The commission by rule shall condition the issuance of a permit for a new hazardous waste management facility or the areal expansion of an existing ...
• Texas Health & Safety Code Section 361.098 - Prohibition On Permit For Hazardous Waste Landfill In 100-Year Floodplain
  (a) Except as provided by Subsections (b) and (c), the commission by rule shall prohibit the issuance of a permit for a new hazardous waste ...
• Texas Health & Safety Code Section 361.099 - Prohibition On Permit For Hazardous Waste Management Unit In Wetlands
  (a) The commission by rule shall prohibit the issuance of a permit for a new hazardous waste management unit or an areal expansion of an ...
• Texas Health & Safety Code Section 361.100 - Prohibition On Permit For Certain Hazardous Waste Management Units
  The commission by rule shall prohibit the issuance of a permit for a new hazardous waste management unit if the landfill: (1) is in a ...
• Texas Health & Safety Code Section 361.101 - Prohibition On Permit For Facility On Recharge Zone Of Sole Source Aquifer
  The commission by rule shall prohibit the issuance of a permit for a new hazardous waste landfill, land treatment facility, surface impoundment, or waste pile, ...
• Texas Health & Safety Code Section 361.1011 - Prohibition On Permit For Facility Affected By Fault
  If a fault exists within two and one-half miles from the proposed or existing wellbore of a Class I injection well or the area within ...
• Texas Health & Safety Code Section 361.102 - Prohibition On Permit For Hazardous Waste Management Facilities Within A Certain Distance Of Residence, Church, School, Day Care Center, Park, Or Public Drinking Water Supply
  (a) Except as provided by Subsections (b) and (c), the commission by rule shall prohibit the issuance of a permit for a new hazardous waste ...
• Texas Health & Safety Code Section 361.103 - Other Areas Unsuitable For Hazardous Waste Management Facility
  The commission by rule shall define the characteristics that make other areas unsuitable for a hazardous waste management facility, including consideration of: (1) flood hazards; ...
• Texas Health & Safety Code Section 361.104 - Prohibition On Permit For Facility In Unsuitable Area
  The commission by rule shall prohibit the issuance of a permit for a new hazardous waste management facility or an areal expansion of an existing ...
• Texas Health & Safety Code Section 361.105 - Petition By Local Government For Rule On Hazardous Waste Facility In Unsuitable Area
  (a) The commission by rule shall allow a local government to petition the commission for a rule that restricts or prohibits the siting of a ...
• Texas Health & Safety Code Section 361.106 - Prohibition On Permit For Landfill If Alternative Exists
  The commission by rule shall prohibit the issuance of a permit for a new hazardous waste landfill or the areal expansion of an existing hazardous ...
• Texas Health & Safety Code Section 361.107 - Hydrogeologic Report For Certain Hazardous Waste Facilities
  The commission by rule shall require an applicant for a new hazardous waste landfill, land treatment facility, or surface impoundment that is to be located ...
• Texas Health & Safety Code Section 361.108 - Engineering Report For Hazardous Waste Landfill
  The commission by rule shall require an applicant for a new hazardous waste landfill filed after January 1, 1986, to provide an engineering report evaluating: ...
• Texas Health & Safety Code Section 361.109 - Grant Of Permit For Hazardous Waste Management Facility
  (a) The commission may grant an application for a permit in whole or in part for a hazardous waste management facility if it finds that: ...
• Texas Health & Safety Code Section 361.110 - Termination Of Authorization Or Permit
  Authorization to store, process, or dispose of hazardous waste under Section 361.082 or under a solid waste permit issued under this subchapter that has not ...
• Texas Health & Safety Code Section 361.111 - Commission Shall Exempt Certain Municipal Solid Waste Management Facilities
  (a) The commission shall exempt from permit requirements a municipal solid waste management facility that is used in the transfer of municipal solid waste to ...
• Texas Health & Safety Code Section 361.112 - Storage, Transportation, And Disposal Of Used Or Scrap Tires
  (a) A person may not store more than 500 used or scrap tires for any period on any publicly or privately owned property unless the ...
• Texas Health & Safety Code Section 361.1125 - Immediate Remediation Or Removal Of Hazardous Substance At Scrap Tire Site
  (a) In this section: (1) "Scrap tire" has the meaning assigned by Section 361.112. (2) "Scrap tire site" includes any site at which more than ...
• Texas Health & Safety Code Section 361.113 - Permit Conditions For The Operation Of Hazardous Waste Management Facilities
  (a) The commission by rule shall establish requirements for commercial hazardous waste management facilities that will provide the opportunity for periodic monitoring of the operation ...
• Texas Health & Safety Code Section 361.114 - Prohibition Of Disposal Of Hazardous Waste Into Certain Geological Formations
  The commission by rule shall prohibit the storage, processing, or disposal of hazardous waste in a solution-mined salt dome cavern or a sulphur mine. Added ...
• Texas Health & Safety Code Section 361.115 - Certification Of Landfill Capacity To Municipality; Restrictions On Contract
  (a) The owner or operator of a solid waste landfill facility permitted by the commission or licensed by a county, before entering into a contract ...
• Texas Health & Safety Code Section 361.116 - Disposal Of Incidental Injection Well Waste
  Notwithstanding Chapter 2001, Government Code, and any other provision of this chapter, the commission shall grant to the owner or operator of a commercial hazardous ...
• Texas Health & Safety Code Section 361.117 - Disposal Of Carcasses Of Animals Killed On Roadways
  (a) Notwithstanding any other provision of this chapter, counties and municipalities may dispose of the carcasses of animals killed on county or municipal roadways by ...
• Texas Health & Safety Code Section 361.118 - Remedial Action Regarding Industrial Solid Waste Disposed Of In Municipal Solid Waste Landfill Facility
  (a) This section applies only to a municipal solid waste landfill facility: (1) for which the commission has issued a permit; and (2) a portion ...
• Texas Health & Safety Code Section 361.119 - Regulation Of Certain Facilities As Solid Waste Facilities
  (a) The commission by rule shall ensure that a solid waste processing facility is regulated as a solid waste facility under this chapter and is ...
• Texas Health & Safety Code Section 361.120 - Notice Of Hearing And Requirements For Reopening Of Closed Or Inactive Landfills
  (a) This section applies to any municipal solid waste landfill facility permitted by the commission or any of its predecessor or successor agencies that have ...
• Texas Health & Safety Code Section 361.121 - Land Application Of Certain Sludge; Permit Required
  (a) In this section: (1) "Class B sludge" is sewage sludge that meets one of the pathogen reduction requirements of 30 T.A.C. 312.82(b). (2) "Land ...
• Texas Health & Safety Code Section 361.122 - Denial Of Certain Landfill Permits
  The commission may not issue a permit for a Type IV landfill if: (1) the proposed site is located within 100 feet of a canal ...
• Texas Health & Safety Code Section 361.123 - Allowed Wastes And Exemptions For Certain Small Municipal Solid Waste Landfills In Arid Areas
  Text of section as added by Acts 2005, 79th Leg., ch. 582, § 4 (a) In this section: (1) "Construction or demolition waste" means any ...
• Texas Health & Safety Code Section 361.123 - Limitation On Location Of Municipal Solid Waste Landfills.
  Text of section as added by Acts 2005, 79th Leg., ch. 1027, § 1 (a) This section applies to an application for a permit ...
• Texas Health & Safety Code Section 361.131 - Definitions
  In this subchapter: (1) "Captured facility" means a manufacturing or production facility which generates an industrial solid waste or hazardous waste which is routinely stored, ...
• Texas Health & Safety Code Section 361.132 - Hazardous And Solid Waste Fees; Waste Management Account
  (a) The waste management account is an account in the general revenue fund. (b) The account consists of money: (1) collected by the commission under ...
• Texas Health & Safety Code Section 361.133 - Hazardous And Solid Waste Remediation Fee Account
  (a) The hazardous and solid waste remediation fee account is an account in the general revenue fund. (b) The account consists of money collected by ...
• Texas Health & Safety Code Section 361.134 - Industrial Solid Waste And Hazardous Waste Generation Fee
  (a) The annual generation fee prescribed by this section is imposed on each generator who generates Class I industrial solid waste or hazardous waste during ...
• Texas Health & Safety Code Section 361.135 - Industrial Solid Waste And Hazardous Waste Facility Fee
  (a) The annual facility fee prescribed by this section is imposed on each person who holds one or more permits for the management of Class ...
• Texas Health & Safety Code Section 361.136 - Industrial Solid Waste And Hazardous Waste Management Fee
  (a) Except as provided by Subsections (e) through (i), a fee shall be imposed on the owner or operator of a waste storage, processing, or ...
• Texas Health & Safety Code Section 361.137 - Permit Application Fee
  (a) A permit application fee is imposed on each applicant for an industrial solid waste or hazardous waste permit. (b) The commission by rule shall ...
• Texas Health & Safety Code Section 361.138 - Fee On The Sale Of Batteries
  (a) In this section: (1) "Engaged in business in this state" has the meaning provided under Sections 151.107(a) and (b), Tax Code. (2) "Lead-acid battery" ...
• Texas Health & Safety Code Section 361.139 - Factors To Be Considered In Setting Fees
  (a) To promote the public policy of preferred waste management methods under Section 361.023 and to provide for an equitable fee rate structure, the commission ...
• Texas Health & Safety Code Section 361.140 - Interest And Penalties
  (a) The commission by rule shall establish requirements for the assessment of penalties and interest for late payment of fees owed the state under Sections ...
• Texas Health & Safety Code Section 361.151 - Relationship Of County Authority To State Authority
  (a) Each county has the solid waste management powers prescribed under this subchapter. (b) The exercise of the licensing authority and other powers granted to ...
• Texas Health & Safety Code Section 361.152 - Limitation On County Powers Concerning Industrial Solid Waste
  The powers specified by Sections 361.154-361.162 and Section 364.011 (County Solid Waste Control Act) may not be exercised by a county with respect to the ...
• Texas Health & Safety Code Section 361.153 - County Solid Waste Plans And Programs; Fees
  (a) A county may appropriate and spend money from its general revenues to manage solid waste and to administer a solid waste program and may ...
• Texas Health & Safety Code Section 361.154 - County Licensing Authority
  (a) Except as provided by Sections 361.151 and 361.152, a county may require and issue licenses authorizing and governing the operation and maintenance of facilities ...
• Texas Health & Safety Code Section 361.155 - County Notification Of License Application To Commission
  The county shall mail a copy of each license application with pertinent supporting data to the commission. The commission has at least 60 days to ...
• Texas Health & Safety Code Section 361.156 - Separate License For Each Facility
  (a) A county shall issue a separate license for each solid waste facility. (b) A license under this subchapter may be issued only to the ...
• Texas Health & Safety Code Section 361.157 - Contents Of License
  A license for a solid waste facility issued by a county must include: (1) the name and address of each person who owns the land ...
• Texas Health & Safety Code Section 361.158 - License Fee
  (a) A county may charge a license fee not to exceed $100, as set by the commissioners court of the county. (b) The fees shall ...
• Texas Health & Safety Code Section 361.159 - License Issuance; Amendment, Extension, And Renewal
  (a) A county may amend, extend, or renew a license it issues in accordance with county rules. (b) The procedures prescribed by Section 361.155 apply ...
• Texas Health & Safety Code Section 361.160 - License Amendment
  (a) A county may, for good cause, after hearing with notice to the license holder and to the commission, amend a license it issues for ...
• Texas Health & Safety Code Section 361.161 - Permit From Commission Not Required
  If a county issues, amends, renews, or extends a license in accordance with Sections 361.154-361.160, the owner or operator of the facility is not required ...
• Texas Health & Safety Code Section 361.162 - Designation Of Areas Suitable For Facilities
  (a) Subject to the limitation under Sections 361.151 and 361.152, a county may designate land areas not in the territorial limits or extraterritorial jurisdiction of ...
• Texas Health & Safety Code Section 361.163 - Cooperative Agreements With Local Governments
  A county may enter into cooperative agreements with local governments and other governmental entities to jointly operate solid waste management activities and to charge reasonable ...
• Texas Health & Safety Code Section 361.165 - Political Subdivisions With Jurisdiction In Two Or More Counties
  (a) This section applies to a political subdivision of the state that: (1) has jurisdiction of territory in more than one county; and (2) has ...
• Texas Health & Safety Code Section 361.166 - Municipal Restrictions
  A municipality may not abolish or restrict the use or operation of a solid waste facility in its limits or extraterritorial jurisdiction if the solid ...
• Texas Health & Safety Code Section 361.167 - Operation Of Facility By Political Subdivision
  A municipality or other political subdivision operating a solid waste facility may not be prevented from operating the solid waste facility on the ground that ...
• Texas Health & Safety Code Section 361.181 - State Registry: Annual Publication
  (a) The commission shall annually publish an updated state registry identifying, to the extent feasible, each facility that may constitute an imminent and substantial endangerment ...
• Texas Health & Safety Code Section 361.182 - Investigations
  (a) The executive director may conduct investigations of facilities that are listed on the state registry, or that the executive director has reason to believe ...
• Texas Health & Safety Code Section 361.183 - Registry Listing Procedure: Determination Of Eligibility
  (a) Before listing a facility on the state registry, the executive director shall determine whether the potential endangerment to public health and safety or the ...
• Texas Health & Safety Code Section 361.184 - Registry Listing Procedure: Notices And Hearing
  (a) If the executive director determines that a facility is eligible for listing on the state registry, the commission shall publish in the Texas Register ...
• Texas Health & Safety Code Section 361.185 - Investigation/Feasibility Study
  (a) After the public meeting or after opportunity to request a public meeting has passed, but before any listing of the facility on the state ...
• Texas Health & Safety Code Section 361.1855 - Proposal Of Land Use Other Than Residential
  (a) The executive director shall hold a public meeting to obtain public input and information regarding the appropriate use of land on which a facility ...
• Texas Health & Safety Code Section 361.186 - Facility Eligible For Listing: Activities And Change Of Use
  (a) If the executive director determines that a facility is eligible for listing on the state registry, a person may not perform at the facility ...
• Texas Health & Safety Code Section 361.187 - Proposed Remedial Action
  (a) Within a reasonable time after the completion of the remedial investigation/feasibility study or other similar study, if required, the executive director shall select a ...
• Texas Health & Safety Code Section 361.1875 - Exclusion Of Certain Potentially Responsible Parties
  The commission may not name a person as a responsible party for an enforcement action or require a person to reimburse remediation costs for a ...
• Texas Health & Safety Code Section 361.188 - Final Administrative Order
  (a) After consideration of all good faith offers to perform a remedial action, the commission shall issue a final administrative order that must: (1) list ...
• Texas Health & Safety Code Section 361.189 - Deletions From Registry
  (a) The executive director or an owner or operator or other named responsible party of a facility listed or to be listed on the state ...
• Texas Health & Safety Code Section 361.190 - Change In Use Of Listed Facility
  (a) After the listing of a facility on the state registry, a person may not substantially change the manner in which the facility is used ...
• Texas Health & Safety Code Section 361.191 - Immediate Removal
  (a) If the commission, after investigation, finds that there exists a release or threatened release of a hazardous substance at a facility that is causing ...
• Texas Health & Safety Code Section 361.192 - Remedial Action By Commission
  (a) If a person ordered to eliminate an imminent and substantial endangerment to the public health and safety or the environment has failed to do ...
• Texas Health & Safety Code Section 361.193 - Goal Of Remedial Action
  (a) The goal of any remedial action is the elimination of the imminent and substantial endangerment to the public health and safety or the environment ...
• Texas Health & Safety Code Section 361.194 - Lien
  (a) In addition to all other remedies available to the state under this chapter or other law, all remediation costs for which a person is ...
• Texas Health & Safety Code Section 361.195 - Payments From Hazardous And Solid Waste Remediation Fee Account
  (a) Money for actions taken or to be taken by the commission in connection with the elimination of an imminent and substantial endangerment to the ...
• Texas Health & Safety Code Section 361.196 - Remediation: Permits Not Required; Liability
  (a) Potentially responsible parties shall coordinate with ongoing federal and state hazardous waste programs although a state or local permit may not be required for ...
• Texas Health & Safety Code Section 361.197 - Cost Recovery
  (a) The commission shall file a cost recovery action against all responsible parties who have not complied with the terms of an administrative order issued ...
• Texas Health & Safety Code Section 361.199 - Mixed Funding Program
  The commission by rule shall adopt a mixed funding program in which available money from potentially responsible parties is combined with state or federal funds ...
• Texas Health & Safety Code Section 361.200 - Settlement
  The commission shall assess and by rule may develop and implement a settlement program. Under the program, the commission shall consider the advantages of developing ...
• Texas Health & Safety Code Section 361.201 - Financial Capability And Funding Priority
  (a) The commission may determine whether a potentially responsible party is financially capable of conducting any necessary remediation studies or remedial action. The commission by ...
• Texas Health & Safety Code Section 361.202 - Deadline Extensions
  The executive director or the commission may extend any period specified in this section if considered appropriate. Acts 1989, 71st Leg., ch. 678, § 1, ...
• Texas Health & Safety Code Section 361.271 - Persons Responsible For Solid Waste
  (a) Unless otherwise defined in applicable statutes and rules, a person is responsible for solid waste if the person: (1) is any owner or operator ...
• Texas Health & Safety Code Section 361.272 - Administrative Orders Concerning Imminent And Substantial Endangerment
  (a) The commission may issue an administrative order to a person responsible for solid waste if it appears that there is an actual or threatened ...
• Texas Health & Safety Code Section 361.273 - Injunction As Alternative To Administrative Order
  The commission may cause a civil suit for injunctive relief to be brought in a district court in the county in which the actual release ...
• Texas Health & Safety Code Section 361.274 - No Prior Notice Concerning Administrative Order
  An administrative order under Section 361.272 does not require prior notice or an adjudicative hearing before the commission. An emergency administrative order may be issued ...
• Texas Health & Safety Code Section 361.275 - Defenses
  (a) A person responsible for solid waste under Section 361.271 is liable under Section 361.272 or 361.273 unless the person can establish by a preponderance ...
• Texas Health & Safety Code Section 361.276 - Apportionment Of Liability
  (a) If the release or threatened release caused by a person's acts or omissions is proved by a preponderance of the evidence to be divisible, ...
• Texas Health & Safety Code Section 361.277 - Effect Of Settlement Agreement With State
  (a) If fewer than all of the persons identified as liable under this subchapter agree with the state to take remedial action to abate an ...
• Texas Health & Safety Code Section 361.278 - Liability Of Engineer Or Contractor
  (a) An engineer or contractor performing a program of remedial action or cleanup of hazardous waste or solid waste under a contract with a state ...
• Texas Health & Safety Code Section 361.279 - Contracts With State
  A state agency contracting for services or products shall consider whether the person proposing to contract with the state has been adjudicated during the preceding ...
• Texas Health & Safety Code Section 361.301 - Emergency Order
  The commission may issue an emergency mandatory, permissive, or prohibitory order concerning an activity of solid waste management under its jurisdiction under Section 5.512, Water ...
• Texas Health & Safety Code Section 361.321 - Appeals
  (a) A person affected by a ruling, order, decision, or other act of the commission may appeal the action by filing a petition in a ...
• Texas Health & Safety Code Section 361.322 - Appeal Of Administrative Order Issued Under Section 361.272; Joinder Of Parties
  (a) Any person subject to an administrative order under Section 361.272 may appeal the order by filing a petition before the 46th day after the ...
• Texas Health & Safety Code Section 361.323 - Joinder Of Parties In Action Filed By State
  (a) In an action brought by the attorney general under Section 361.273 seeking an injunction to eliminate a release or threatened release, the attorney general ...
• Texas Health & Safety Code Section 361.341 - Cost Recovery By State
  (a) The state is entitled to recover reasonable attorney's fees, reasonable costs to prepare and provide witnesses, and reasonable costs of investigating and assessing the ...
• Texas Health & Safety Code Section 361.342 - Cost Recovery By Appealing Or Contesting Party
  If the court finds that an administrative order referred to by Section 361.341 is frivolous, unreasonable, or without foundation with respect to a party named ...
• Texas Health & Safety Code Section 361.343 - Apportionment Of Costs
  (a) Apportionment of costs for the elimination of the release or threatened release of solid waste among the persons responsible for solid waste under Section ...
• Texas Health & Safety Code Section 361.344 - Cost Recovery By Liable Party Or Third Party
  (a) A person who conducts a removal or remedial action that is approved by the commission and is necessary to address a release or threatened ...
• Texas Health & Safety Code Section 361.345 - Creation Of Rights
  Subchapter I and Section 361.344 and the enforcement by the commission of that subchapter and section do not: (1) create rights or causes of action ...
• Texas Health & Safety Code Section 361.401 - Definitions
  In this subchapter: (1) "Disposal facility" means a site or area at which a hazardous substance, pollutant, or contaminant has been deposited, stored, disposed of, ...
• Texas Health & Safety Code Section 361.402 - Commission Duties And Powers
  (a) The commission shall: (1) administer this subchapter; and (2) cooperate with municipalities and with agencies, departments, and political subdivisions of this state and the ...
• Texas Health & Safety Code Section 361.403 - Terms And Conditions Of Agreements; Costs
  (a) If the commission enters into a contract or cooperative agreement under Section 104(c)(3) of the environmental response law, the commission shall include in the ...
• Texas Health & Safety Code Section 361.404 - Cooperation With Federal Government
  (a) Before entering into a contract or cooperative agreement under Section 361.402, the commission shall consult and work with the federal government in determining the ...
• Texas Health & Safety Code Section 361.405 - Indemnification Of Engineer Or Contractor
  (a) Notwithstanding any other law or rule, the commission may agree in a contract retaining an engineer or contractor to perform a program of removal, ...
• Texas Health & Safety Code Section 361.421 - Definitions
  In this subchapter: (1) "Compost" is the disinfected and stabilized product of the decomposition process that is used or sold for use as a soil ...
• Texas Health & Safety Code Section 361.422 - State Source Reduction And Recycling Goal
  (a) It is the state's goal to reduce by January 1, 1994, the amount of municipal solid waste disposed of in this state by at ...
• Texas Health & Safety Code Section 361.423 - Recycling Market Development Implementation Program
  (a) The commission, the Texas Building and Procurement Commission, and other consenting state agencies as appropriate shall regularly coordinate the recycling activities of state agencies ...
• Texas Health & Safety Code Section 361.425 - Governmental Entity Recycling
  (a) A state agency, state court or judicial agency, a university system or institution of higher education, a county, municipality, school district, or special district ...
• Texas Health & Safety Code Section 361.426 - Governmental Entity Preference For Recycled Products
  (a) A state agency, state court, or judicial agency not subject to Subtitle D, Title 10, Government Code, a county, municipality, school district, junior or ...
• Texas Health & Safety Code Section 361.427 - Specifications For Recycled Products
  (a) The commission, in consultation with the General Services Commission, shall promulgate rules to establish guidelines which specify the percent of the total content of ...
• Texas Health & Safety Code Section 361.428 - Composting Program
  (a) The commission shall put in place incentives for a composting program that is capable of achieving at least a 15 percent reduction in the ...
• Texas Health & Safety Code Section 361.429 - Household Hazardous Waste
  The commission shall develop standards for household hazardous waste diversion programs such as collection facilities or waste collection days for municipalities, counties, or regions. The ...
• Texas Health & Safety Code Section 361.430 - Newsprint Recycling Program
  (a) It is the policy of this state that recycling of all paper products including old newspapers is vital to our economy and the preservation ...
• Texas Health & Safety Code Section 361.431 - Prioritization Of New Technology
  (a) A political subdivision or solid waste producer shall give preference in contracting for the disposal of solid waste to license or permit holders who ...
• Texas Health & Safety Code Section 361.451 - Land Disposal Prohibited
  (a) No person may place a used lead-acid battery in mixed municipal solid waste nor discard or otherwise dispose of a lead-acid battery except by ...
• Texas Health & Safety Code Section 361.452 - Collection For Recycling
  A person selling lead-acid batteries at retail or offering lead-acid batteries for retail sale in this state shall: (1) accept from each customer, if offered, ...
• Texas Health & Safety Code Section 361.453 - Inspection Of Battery Retailers
  The commission shall produce, print, and distribute the notices required by Section 361.452 to all places where lead-acid batteries are offered for sale at retail. ...
• Texas Health & Safety Code Section 361.454 - Lead-Acid Battery Wholesalers
  Any person selling new lead-acid batteries at wholesale shall accept from customers, at the point of transfer, used lead-acid batteries for recycling, if offered by ...
• Texas Health & Safety Code Section 361.501 - Definitions
  In this subchapter: (1) "Acute hazardous waste" means hazardous waste listed by the administrator of the United States Environmental Protection Agency under the federal Solid ...
• Texas Health & Safety Code Section 361.502 - Policy And Goals For Source Reduction And Waste Minimization
  (a) It is the policy of the state to reduce pollution at its source and to minimize the impact of pollution in order to reduce ...
• Texas Health & Safety Code Section 361.503 - Commission Plans
  (a) Consistent with state and federal regulations, to achieve the policies stated in Section 361.502, the commission by rule shall, to the maximum extent that ...
• Texas Health & Safety Code Section 361.504 - Application
  (a) Except as provided by Subsection (b), this subchapter applies to the following persons: (1) all large-quantity generators of hazardous waste; (2) all generators other ...
• Texas Health & Safety Code Section 361.505 - Source Reduction And Waste Minimization Plans
  (a) Persons identified under Section 361.504(a)(1) or (a)(3) shall prepare a source reduction and waste minimization plan. Plans developed under this section shall contain a ...
• Texas Health & Safety Code Section 361.506 - Source Reduction And Waste Minimization Annual Report
  (a) A person required to develop a source reduction and waste minimization plan for a facility under this subchapter shall submit to the commission an ...
• Texas Health & Safety Code Section 361.507 - Administrative Completeness
  (a) The commission may review a source reduction and waste minimization plan or annual report to determine whether the plan or report complies with this ...
• Texas Health & Safety Code Section 361.508 - Confidentiality
  (a) A source reduction and waste minimization plan shall be maintained at each facility owned or operated by a person who is subject to this ...
• Texas Health & Safety Code Section 361.509 - Source Reduction And Waste Minimization Assistance
  (a) The office of pollution prevention established under Section 361.0216 shall assist generators of hazardous waste and owners or operators of facilities that release pollutants ...
• Texas Health & Safety Code Section 361.531 - Definitions
  In this subchapter: (1) "Develop" or "development" means an activity on or related to real property that is intended to lead to the construction or ...
• Texas Health & Safety Code Section 361.532 - Permit Required For Development Of Certain Land
  (a) The owner or lessee of land located over any part of a closed municipal solid waste landfill unit may not develop the land unless ...
• Texas Health & Safety Code Section 361.533 - Application For Development Permit
  (a) The owner or lessee of land located over any part of a closed municipal solid waste landfill facility may apply for a permit to ...
• Texas Health & Safety Code Section 361.534 - Permit Public Meeting
  (a) The commission may hold a public meeting on an application under this subchapter. (b) The commission shall hold a public meeting on an application ...
• Texas Health & Safety Code Section 361.535 - Issuance Of Permit; Permit Conditions
  (a) The commission may issue a permit for the development of land over a closed municipal solid waste landfill facility only if the commission finds ...
• Texas Health & Safety Code Section 361.536 - Requirements For Structures On Closed Municipal Solid Waste Landfill Facility
  (a) The owner or lessee of an existing or new structure that overlies a closed municipal solid waste landfill facility shall install automatic methane gas ...
• Texas Health & Safety Code Section 361.537 - Lease Restriction; Notice To Lessee
  A person may not lease or offer for lease land that overlies a closed municipal solid waste landfill facility unless: (1) existing development on the ...
• Texas Health & Safety Code Section 361.538 - Soil Test Required Before Development Of Certain Land
  (a) A person may not undertake the development of a tract of land that is greater than one acre in area unless the person has ...
• Texas Health & Safety Code Section 361.539 - Notice To Buyers, Lessees, And Occupants
  (a) An owner of land that overlies a closed municipal solid waste landfill facility shall prepare a written notice stating the former use of the ...
• Texas Health & Safety Code Section 361.560 - Definitions
  In this subchapter: (1), (2) Repealed by Acts 1997, 75th Leg., ch. 1072, § 60(b)(3), eff. Sept. 1, 1997. (3) "Medical waste" includes animal waste, ...
• Texas Health & Safety Code Section 361.561 - Radioactive Medical Waste
  Disposal of radioactive medical waste is governed by Chapter 401. Added by Acts 1995, 74th Leg., ch. 448, § 1, eff. Sept. 1, 1995. ...
• Texas Health & Safety Code Section 361.601 - Definitions
  In this subchapter: (1) "Contaminant" includes: (A) solid waste; (B) hazardous waste; (C) a hazardous waste constituent listed in 40 C.F.R. Part 261, Subpart D, ...
• Texas Health & Safety Code Section 361.602 - Purpose
  The purpose of the voluntary cleanup program is to provide incentive to remediate property by removing liability of lenders and future landowners. The program does ...
• Texas Health & Safety Code Section 361.603 - Eligibility For Voluntary Cleanup Program
  (a) Any site is eligible for participation in the voluntary cleanup program except the portion of a site that is subject to a commission permit ...
• Texas Health & Safety Code Section 361.6035 - Eligibility Of Certain Persons For Release From Liability
  Text of section effective upon agreement with United States Environmental Protection Agency (a) A person who purchased a site before September 1, 1995, is ...
• Texas Health & Safety Code Section 361.604 - Application To Participate In Voluntary Cleanup Program
  (a) A person who desires to participate in the voluntary cleanup program under this subchapter must submit to the commission an application and an application ...
• Texas Health & Safety Code Section 361.605 - Rejection Of Application
  (a) The executive director may reject an application submitted under Section 361.604 if: (1) an administrative, state, or federal enforcement action is pending that concerns ...
• Texas Health & Safety Code Section 361.606 - Voluntary Cleanup Agreement
  (a) Before the executive director evaluates any plan or report detailing the remediation goals and proposed methods of remediation, the person desiring to participate in ...
• Texas Health & Safety Code Section 361.607 - Termination Of Agreement; Cost Recovery
  (a) The executive director or the person in its sole discretion may terminate the agreement by giving 15 days' advance written notice to the other. ...
• Texas Health & Safety Code Section 361.608 - Voluntary Cleanup Work Plans And Reports
  (a) After signing a voluntary cleanup agreement, the person shall prepare and submit the appropriate work plans and reports to the executive director. (b) The ...
• Texas Health & Safety Code Section 361.609 - Certificate Of Completion
  (a) If the executive director determines that a person has successfully completed a voluntary cleanup approved under this subchapter, the executive director shall certify that ...
• Texas Health & Safety Code Section 361.610 - Persons Released From Liability
  (a) A person who is not a responsible party under Section 361.271 or 361.275(g) at the time the person applies to perform a voluntary cleanup: ...
• Texas Health & Safety Code Section 361.611 - Permit Not Required
  (a) A state or local permit is not required for removal or remedial action conducted on a site as part of a voluntary cleanup under ...
• Texas Health & Safety Code Section 361.612 - Public Participation
  The commission may adopt rules pertaining to public participation in voluntary cleanup decisions. Added by Acts 1995, 74th Leg., ch. 986, § 1, eff. Sept. ...
• Texas Health & Safety Code Section 361.613 - Cost Report; Budget Allocation
  (a) The executive director annually shall calculate the commission's costs to administer the voluntary cleanup program under this subchapter and shall publish in the Texas ...
• Texas Health & Safety Code Section 361.651 - Definitions
  In this subchapter: (1) "Fiduciary": (A) means a person acting for the benefit of another party as a bona fide: (i) trustee; (ii) executor; (iii) ...
• Texas Health & Safety Code Section 361.652 - Liability Of Fiduciaries
  (a) Except as otherwise provided by Subchapter I, Chapter 26, Water Code, or rules adopted under that subchapter, the liability of a fiduciary under this ...
• Texas Health & Safety Code Section 361.701 - Definitions
  In this subchapter: (1) "Extension of credit" includes a lease finance transaction: (A) in which the lessor does not initially select the leased solid waste ...
• Texas Health & Safety Code Section 361.702 - Exclusion Of Lenders Not Participants In Management
  (a) In Section 361.271, the term "owner or operator" does not include a person that is a lender that: (1) without participating in the management ...
• Texas Health & Safety Code Section 361.703 - Participation In Management
  (a) For purposes of Section 361.702, the term "participate in management": (1) means actually participating in the management or operational affairs of a solid waste ...
• Texas Health & Safety Code Section 361.751 - Definitions
  In this subchapter: (1) "Contaminant" has the meaning assigned by Section 361.601. (2) "Innocent owner or operator" means a person that: (A) is an owner ...
• Texas Health & Safety Code Section 361.752 - Immunity From Liability; Access To Property
  (a) An innocent owner or operator of property is not liable under this code or the Water Code for investigation, monitoring, remediation, or corrective or ...
• Texas Health & Safety Code Section 361.753 - Certification
  (a) A person may apply to the commission for a certificate confirming that the person is an innocent owner or operator. The application must include ...
• Texas Health & Safety Code Section 361.754 - Rights Of Innocent Owner Or Operator Regarding Contamination From Source Not Located On Or At Property
  This subchapter does not limit the right of an innocent owner or operator to pursue any remedy available at law or in equity for conditions ...
• Texas Health & Safety Code Section 361.801 - Definitions
  In this subchapter: (1) "Contaminant" includes: (A) solid waste; (B) hazardous waste; (C) a hazardous waste constituent listed in 40 C.F.R. Part 261, Subpart D, ...
• Texas Health & Safety Code Section 361.8015 - Legislative Findings
  (a) The legislature finds that access to and the use of groundwater may need to be restricted to protect public health and welfare where the ...
• Texas Health & Safety Code Section 361.802 - Purpose
  The purpose of this subchapter is to provide authorization to the executive director to certify municipal setting designations for municipal properties in order to limit ...
• Texas Health & Safety Code Section 361.803 - Eligibility For A Municipal Setting Designation
  A person, including a local government, may submit a request to the executive director for a municipal setting designation for property if: (1) the property ...
• Texas Health & Safety Code Section 361.804 - Application For A Municipal Setting Designation
  (a) A person seeking to obtain a municipal setting designation under this subchapter must submit an application to the executive director as prescribed by this ...
• Texas Health & Safety Code Section 361.805 - Notice
  (a) On or before the date of submission of an application to the executive director, a person seeking a municipal setting designation must provide notice ...
• Texas Health & Safety Code Section 361.806 - Denial Of Application
  (a) The executive director shall deny an application submitted under Section 361.804 if: (1) any of the eligibility criteria described in Section 361.803 have not ...
• Texas Health & Safety Code Section 361.8065 - Precertification Requirements
  (a) Before the executive director may issue a municipal setting designation certificate under Section 361.807, the applicant must provide documentation of the following: (1) that ...
• Texas Health & Safety Code Section 361.807 - Certification
  (a) If the executive director determines that an applicant has complied with Section 361.8065 and submitted a complete application, the executive director shall issue a ...
• Texas Health & Safety Code Section 361.808 - Investigation And Response Action Requirements
  (a) If no potable water wells are located within one-half mile beyond the boundary of a municipal setting designation, the executive director shall not require ...
• Texas Health & Safety Code Section 361.901 - Definitions
  In this subchapter: (1) "Assessment" means an environmental assessment described by Section 361.904. (2) "Brownfield" means real property the expansion, redevelopment, or reuse of which ...
• Texas Health & Safety Code Section 361.902 - County Brownfield Cleanup And Economic Redevelopment Program
  (a) The commissioners court of a county with a population of 250,000 or more may establish a program for the cleanup and economic redevelopment of ...
• Texas Health & Safety Code Section 361.903 - Brownfield Cleanup And Economic Redevelopment Fund
  (a) The commissioners court of a county may establish a fund for a brownfield program and deposit to the credit of the fund any money ...
• Texas Health & Safety Code Section 361.904 - Environmental Assessment
  An assessment under this subchapter must include: (1) a legal description of the property or facility; (2) a description of the physical characteristics of the ...
• Texas Health & Safety Code Section 361.905 - Tax Abatement Agreement Incentives
  Subject to the requirements of Subchapter C, Chapter 312, Tax Code, a county may designate an area of the county that contains a brownfield as ...
• Texas Health & Safety Code Section 361.906 - Contracts For Site Remediation Or Inspection
  (a) A county may contract with a licensed professional engineer or contractor to: (1) conduct remediation for an eligible site owned by the county; or ...
• Texas Health & Safety Code Section 361.907 - Grants And Loans
  To help finance an assessment, eligible site remediation, or inspection, a county may provide money as a grant or a loan from a county fund ...
• Texas Health & Safety Code Section 361.908 - Liaison To Environmental Protection Agency
  A county that establishes a brownfield program may act as a liaison between an eligible owner, licensed professional engineer, or contractor and the Environmental Protection ...
• Texas Health & Safety Code Section 361.909 - Liaison To Commission
  A county that establishes a brownfield program may act as a liaison between the commission and an eligible owner, licensed professional engineer, or contractor to ...
• Texas Health & Safety Code Section 361.910 - Limitations On Liability
  (a) A person who is an eligible owner, licensed contractor, or licensed professional engineer engaged in an assessment, eligible site remediation, or property or facility ...
• Texas Health & Safety Code Section 361.911 - Failure To Pass Inspection
  The owner of a property or facility who is denied a certificate under Section 361.910: (1) is entitled to receive a detailed description of actions ...
• Texas Health & Safety Code Section 361.912 - Commission Assistance
  The commission may provide: (1) educational, advisory, and technical services concerning assessment, remediation, and inspection of brownfields to a county that establishes a brownfield program ...
• Texas Health & Safety Code Section 362.001 - Short Title
  This chapter may be cited as the Solid Waste Resource Recovery Financing Act. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 362.002 - Policy And Purpose
  (a) The policy of the state is to safeguard the public health, general welfare, and physical property from solid waste pollution by encouraging the processing ...
• Texas Health & Safety Code Section 362.003 - Definitions
  In this chapter: (1) "Bond" includes a note or other evidence of indebtedness. (2) "Cost" means expenses related or incidental to the acquisition, construction, or ...
• Texas Health & Safety Code Section 362.004 - Effect Of Other Law
  (a) This chapter does not limit the authority of the Texas Natural Resource Conservation Commission or a local government to: (1) perform a power or ...
• Texas Health & Safety Code Section 362.005 - Exception For Certain Material Presorted To Be Recycled
  This chapter does not authorize a public agency to compel burning of material presorted to be recycled. Acts 1989, 71st Leg., ch. 678, § 1, ...
• Texas Health & Safety Code Section 362.011 - Authority To Acquire And Transfer Property
  (a) An issuer may acquire, construct, and improve a system for lease or sale as provided by this chapter and may acquire real property as ...
• Texas Health & Safety Code Section 362.012 - Location Of System
  A system may be located on the property of any person. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 362.013 - Contract Terms And Procedures
  (a) The provisions of Chapter 2253, Government Code, that relate to performance and payment bonds apply to a contract entered into by an issuer. (b) ...
• Texas Health & Safety Code Section 362.014 - Public Agency Contract
  (a) A public agency, on terms it considers appropriate, may contract with an issuer or other person who finances, constructs, or improves a system to ...
• Texas Health & Safety Code Section 362.015 - Payment Of Contract From Sources Other Than Taxes
  (a) A public agency may use any available revenue or resource for, or pledge the revenue or resource to, payment of all or part of ...
• Texas Health & Safety Code Section 362.016 - Payment Of Contract From Taxes
  (a) A public agency that has taxing power and that, when it enters into a contract under Section 362.014, is using its general funds, including ...
• Texas Health & Safety Code Section 362.017 - Industrial Development Corporation
  (a) A public agency that has entered into a contract under Section 362.014 may sponsor the creation of an industrial development corporation under the Development ...
• Texas Health & Safety Code Section 362.018 - Cost Of Certain Required Alterations
  The relocation, raising, lowering, rerouting, changing of grade, or altering of construction of a highway, railroad, electric transmission line, telegraph or telephone property or facility, ...
• Texas Health & Safety Code Section 362.019 - Taxation
  (a) Bonds issued under this chapter, the transfer of the bonds, and income from the bonds are exempt from taxation in this state. (b) A ...
• Texas Health & Safety Code Section 362.031 - Authority To Issue Bonds And Bond Anticipation Notes
  (a) An issuer may issue bonds, payable from revenues of the issuer, to finance or refinance the cost of acquiring, constructing, or improving a system. ...
• Texas Health & Safety Code Section 362.032 - Form And Procedure
  (a) Bonds under this chapter must be authorized by resolution. The bonds must: (1) be signed by the presiding officer or assistant presiding officer of ...
• Texas Health & Safety Code Section 362.033 - Terms
  Bonds issued under this chapter must mature serially or in another manner not more than 40 years after they are issued. The bonds may: (1) ...
• Texas Health & Safety Code Section 362.034 - Approval And Registration
  (a) An issuer shall submit bonds that have been authorized by its governing body, including refunding bonds and the record relating to the bond issuance, ...
• Texas Health & Safety Code Section 362.035 - Pledge Of Revenue And Other Amounts As Security
  (a) Bonds are payable solely from and shall be secured by a pledge of: (1) revenues of the issuer derived from the lease or sale ...
• Texas Health & Safety Code Section 362.036 - Security May Apply To Additional Bonds
  (a) A pledge under Section 362.035 may reserve the right, under conditions specified by the pledge, to issue additional bonds to be on a parity ...
• Texas Health & Safety Code Section 362.037 - Trust As Security
  (a) The issuer's governing body may additionally secure bonds, including refunding bonds, by a trust indenture under which the trustee may be a bank that ...
• Texas Health & Safety Code Section 362.038 - Other Security
  (a) The bonds may be additionally secured by a mortgage, deed of trust lien, or security interest in a designated system of the issuer's governing ...
• Texas Health & Safety Code Section 362.039 - Action By Bondholders
  (a) The resolution or a security agreement may provide that on default in the payment of principal of or interest on the bonds, or threatened ...
• Texas Health & Safety Code Section 362.040 - Investment And Use Of Proceeds
  (a) The governing body of the issuer may set aside amounts from the proceeds of the sale of bonds for payment into an interest and ...
• Texas Health & Safety Code Section 362.041 - Refunding Bonds
  (a) The governing body of an issuer may issue refunding bonds to refund the principal of, interest on, and any redemption premium applicable to outstanding ...
• Texas Health & Safety Code Section 362.042 - Legal Investments; Security For Deposits
  (a) Bonds issued under this chapter are legal and authorized investments for: (1) a bank; (2) a savings bank; (3) a trust company; (4) a ...
• Texas Health & Safety Code Section 362.043 - Bonds Not General Obligation
  The bonds are special obligations payable solely from revenues pledged to their payment and are not general obligations of the governing body, the issuer, or ...
• Texas Health & Safety Code Section 363.001 - Short Title
  This chapter may be cited as the Comprehensive Municipal Solid Waste Management, Resource Recovery, and Conservation Act. Acts 1989, 71st Leg., ch. 678, § 1, ...
• Texas Health & Safety Code Section 363.002 - Policy
  It is this state's policy to safeguard the health, general welfare, and physical property of the people and to protect the environment by encouraging the ...
• Texas Health & Safety Code Section 363.003 - Findings
  The legislature finds that: (1) the growth of the state's economy and population has resulted in an increase in discarded materials; (2) the improper management ...
• Texas Health & Safety Code Section 363.004 - Definitions
  In this chapter: (1) "Advisory council" means the Municipal Solid Waste Management and source Recovery Advisory Council. (2) "Commission" means the Texas Natural Resource Conservation ...
• Texas Health & Safety Code Section 363.005 - Application Of Chapter
  This chapter applies only to solid waste and hazardous waste as described by Sections 361.011 and 361.012. Acts 1989, 71st Leg., ch. 678, § 1, ...
• Texas Health & Safety Code Section 363.006 - Construction Of Chapter; Exemptions
  (a) This chapter does not prohibit or limit a person from extracting or using materials that the person generates or legally collects or acquires for ...
• Texas Health & Safety Code Section 363.007 - Statutes Not Affected By Chapter
  This chapter does not affect: (1) Chapter 361 (Solid Waste Disposal Act); (2) Chapter 364 (County Solid Waste Control Act); or (3) Chapter 362 (Solid ...
• Texas Health & Safety Code Section 363.021 - Commission Rulemaking Authority
  The commission may adopt rules necessary to implement this chapter. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended by Acts ...
• Texas Health & Safety Code Section 363.022 - Commission Powers And Duties
  (a) The commission shall implement and enforce this chapter. (b) The commission shall: (1) provide technical assistance to public agencies and planning regions and cooperate ...
• Texas Health & Safety Code Section 363.023 - Application For Federal Funds; Contracts And Agreements With Federal Government
  The commission may apply for and accept federal funds and enter into contracts and agreements with the federal government relating to planning, developing, maintaining, and ...
• Texas Health & Safety Code Section 363.024 - Disbursement Of Federal Funds
  (a) The commission may accept and disburse funds received from the federal government for purposes relating to solid waste management and resource recovery in the ...
• Texas Health & Safety Code Section 363.041 - Composition Of Advisory Council
  The Municipal Solid Waste Management and Resource Recovery Advisory Council is composed of the following 18 members appointed by the commission: (1) an elected official ...
• Texas Health & Safety Code Section 363.042 - Terms; Vacancies
  (a) Advisory council members serve for staggered six-year terms, with the terms of five members expiring August 31 of each odd-numbered year. (b) The commission ...
• Texas Health & Safety Code Section 363.043 - President
  (a) The commission chairman shall appoint one member as advisory council president. (b) The advisory council president serves for a term of two years expiring ...
• Texas Health & Safety Code Section 363.044 - Payment Of And Reimbursement For Expenses
  (a) Each advisory council member is entitled to compensation and reimbursement of travel expenses incurred by the member while conducting the business of the advisory ...
• Texas Health & Safety Code Section 363.045 - Meetings
  (a) The advisory council shall adopt and may amend procedures for the conduct of advisory council business. (b) The advisory council shall hold at least ...
• Texas Health & Safety Code Section 363.046 - Duties
  The advisory council shall: (1) review and evaluate the effect of state policies and programs on municipal solid waste management; (2) make recommendations to the ...
• Texas Health & Safety Code Section 363.061 - Commission Rules; Approval Of Regional And Local Solid Waste Management Plans
  (a) The commission shall adopt rules relating to regional and local solid waste management plans, including procedures for review and criteria for approval of those ...
• Texas Health & Safety Code Section 363.0615 - Responsibility For Regional Planning
  (a) A council of governments has primary responsibility for the regional planning process. (b) A planning region may be divided into subregions as part of ...
• Texas Health & Safety Code Section 363.0616 - Preparation Of Regional Plan By Other Public Agency In Certain Regions
  (a) In a 10-county region with a population of less than 300,000, a council of governments is not required to prepare a regional solid waste ...
• Texas Health & Safety Code Section 363.062 - Regional Solid Waste Management Plan
  (a) A planning region shall develop a regional solid waste management plan as provided by Section 363.0635 that must conform to the state solid waste ...
• Texas Health & Safety Code Section 363.063 - Local Solid Waste Management Plan
  (a) A local government shall develop a local solid waste management plan as provided by Section 363.0635. (b) A local solid waste management plan must ...
• Texas Health & Safety Code Section 363.0635 - Schedule For Adoption Of Plans
  (a) The commission shall establish a time schedule by which each planning region existing on September 1, 1989, shall develop a regional solid waste management ...
• Texas Health & Safety Code Section 363.064 - Contents Of Regional Or Local Solid Waste Management Plan
  (a) A regional or local solid waste management plan must: (1) include a description and an assessment of current efforts in the geographic area covered ...
• Texas Health & Safety Code Section 363.065 - Planning Process; Planning Area
  (a) A regional or local solid waste management plan must result from a planning process that: (1) is related to proper management of solid waste ...
• Texas Health & Safety Code Section 363.066 - Conformity With Regional Or Local Solid Waste Management Plan
  (a) On the adoption of a regional or local solid waste management plan by commission rule, public and private solid waste management activities and state ...
• Texas Health & Safety Code Section 363.067 - Study Required For Resource Recovery Or Other Solid Waste Management Systems
  (a) To develop programs to implement regional or local solid waste management plans or other solid waste management alternatives that include resource recovery, a study ...
• Texas Health & Safety Code Section 363.068 - Screening Study
  (a) A screening study must provide a survey and assessment of the various factors affecting the suitability of resource recovery or other solid waste management ...
• Texas Health & Safety Code Section 363.069 - Feasibility Study
  A feasibility study must provide an evaluation of alternatives that: (1) identifies current solid waste management practices and costs; (2) analyzes the waste stream and ...
• Texas Health & Safety Code Section 363.070 - Implementation Study
  An implementation study must: (1) provide a recommended course of action for a public agency; (2) provide for the collection and analysis of data; (3) ...
• Texas Health & Safety Code Section 363.091 - Municipal Solid Waste Management Planning Fund
  (a) The municipal solid waste management planning fund is in the state treasury. (b) In addition to money appropriated by the legislature, money received from ...
• Texas Health & Safety Code Section 363.092 - Planning Fund Use; Financial Assistance To Local Governments And Planning Regions
  (a) The executive director shall administer the financial assistance program and the planning fund under the commission's direction. (b) The commission shall adopt rules for ...
• Texas Health & Safety Code Section 363.093 - Application For Financial Assistance
  (a) An applicant for financial assistance from the planning fund must agree to comply with: (1) the state solid waste management plan; (2) the commission's ...
• Texas Health & Safety Code Section 363.094 - Municipal Solid Waste Resource Recovery Applied Research And Technical Assistance Fund
  (a) The municipal solid waste resource recovery applied research and technical assistance fund is in the state treasury. (b) The technical assistance fund is composed ...
• Texas Health & Safety Code Section 363.095 - Use Of Technical Assistance Fund
  (a) Studies, applied research, investigations, and other purposes accomplished with and technical assistance provided through use of money in the technical assistance fund must comply ...
• Texas Health & Safety Code Section 363.111 - Adoption Of Rules By Public Agency
  (a) A governing body may adopt rules for regulating solid waste collection, handling, transportation, storage, processing, and disposal. (b) The rules may not authorize any ...
• Texas Health & Safety Code Section 363.112 - Prohibition Of Processing Or Disposal Of Solid Waste In Certain Areas
  (a) To prohibit the processing or disposal of municipal or industrial solid waste in certain areas of a municipality or county, the governing body of ...
• Texas Health & Safety Code Section 363.113 - Establishment Of Solid Waste Management Services
  Each county with a population of more than 30,000 and each municipality shall review the provision of solid waste management services in its jurisdiction and ...
• Texas Health & Safety Code Section 363.114 - Resource Recovery Service; Fees
  (a) A public agency may offer a resource recovery service to persons in its jurisdictional boundaries and may charge fees for that service. (b) To ...
• Texas Health & Safety Code Section 363.115 - Tax Exempt Status Of Certain Resource Recovery Systems
  A resource recovery system acquired by a public agency to reduce municipal solid waste by mechanical means or incineration is exempt from property taxes of ...
• Texas Health & Safety Code Section 363.116 - Authority To Enter Contracts Concerning Solid Waste Management Services
  (a) A public agency may enter into contracts to enable it to furnish or receive solid waste management services on the terms considered appropriate by ...
• Texas Health & Safety Code Section 363.117 - Solid Waste Management Service Contracts
  Under a solid waste management service contract, a public agency may: (1) acquire and operate all or any part of one or more solid waste ...
• Texas Health & Safety Code Section 363.118 - Industrial Development Corporations
  (a) A public agency that enters into a contract under Section 363.116 may sponsor the creation of an industrial development corporation as provided by the ...
• Texas Health & Safety Code Section 363.119 - Funding Solid Waste Management Services
  (a) A public agency may establish a solid waste management fund to make payments for solid waste management services covered by contracts entered into by ...
• Texas Health & Safety Code Section 363.131 - Authority To Issue Bonds
  (a) A public agency may issue bonds in the name of the public agency to acquire, construct, improve, enlarge, and repair all or part of ...
• Texas Health & Safety Code Section 363.132 - Terms; Form
  (a) A public agency may issue its bonds in various series or issues. (b) Bonds may mature serially or otherwise not more than 50 years ...
• Texas Health & Safety Code Section 363.133 - Bond Provisions
  (a) In the orders or resolutions authorizing the issuance of bonds, including refunding bonds, the governing body may: (1) provide for the flow of funds ...
• Texas Health & Safety Code Section 363.134 - Approval And Registration
  (a) A public agency shall submit bonds issued by the public agency and records relating to their issuance to the attorney general for examination as ...
• Texas Health & Safety Code Section 363.135 - Bond Payment And Security
  A public agency may pay the principal of and interest on bonds: (1) from the levy and collection of taxes on all taxable property in ...
• Texas Health & Safety Code Section 363.136 - Bond Election
  Bonds secured in whole or in part by taxes may not be issued by a public agency until authorized by a majority vote of the ...
• Texas Health & Safety Code Section 363.137 - Other Security
  (a) The bonds may be additionally secured by a deed of trust or mortgage lien on part or all of the physical property of a ...
• Texas Health & Safety Code Section 363.138 - Bond Sale And Exchange
  (a) A public agency may sell bonds at a public or private sale at a price and on terms determined by the governing body. (b) ...
• Texas Health & Safety Code Section 363.139 - Investment And Use Of Proceeds
  (a) Money may be set aside out of bond proceeds to provide for: (1) interest to accrue on the bonds; (2) administrative expenses up to ...
• Texas Health & Safety Code Section 363.140 - Refunding Bonds
  (a) A public agency may issue refunding bonds to refund all or part of its outstanding bonds, including matured but unpaid interest coupons. (b) Refunding ...
• Texas Health & Safety Code Section 363.141 - Legal Investments; Security For Deposits
  (a) Public agency bonds are legal and authorized investments for: (1) a bank; (2) a savings bank; (3) a trust company; (4) a savings and ...
• Texas Health & Safety Code Section 363.142 - Tax Status Of Bonds
  Since a public agency is a public entity performing an essential public function, bonds issued by the public agency, any transaction relating to the bonds, ...
• Texas Health & Safety Code Section 363.143 - Fees For Services
  (a) While bonds are outstanding, the governing body may adopt and collect fees for services furnished or made available by the solid waste management system, ...
• Texas Health & Safety Code Section 363.144 - Adjustment Of Rates For Adequate Revenue
  A public agency shall adopt and adjust the rates charged for solid waste management services so that revenues, together with taxes levied to support the ...
• Texas Health & Safety Code Section 363.145 - Bond Anticipation Notes
  (a) A public agency may declare an emergency if funds are not available to pay the principal of or interest on the public agency's bonds ...
• Texas Health & Safety Code Section 364.001 - Short Title
  This chapter may be cited as the County Solid Waste Control Act. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 364.002 - Purpose
  The purpose of this chapter is to authorize a cooperative effort by counties, public agencies, and other persons for the safe and economical collection, transportation, ...
• Texas Health & Safety Code Section 364.003 - Definitions
  In this chapter: (1) "Composting" has the meaning assigned by Chapter 361 (Solid Waste Disposal Act). (2) "District" means a district or authority created under ...
• Texas Health & Safety Code Section 364.011 - County Adoption Of Solid Waste Rules
  (a) Subject to the limitation provided by Sections 361.151 and 361.152 (Solid Waste Disposal Act), a commissioners court by rule may regulate solid waste collection, ...
• Texas Health & Safety Code Section 364.012 - Prohibiting Solid Waste Disposal In County
  (a) The county may prohibit the disposal of municipal or industrial solid waste in the county if the disposal of the municipal or industrial solid ...
• Texas Health & Safety Code Section 364.013 - County Authority
  A county may: (1) acquire, construct, improve, enlarge, repair, operate, and maintain all or part of one or more solid waste disposal systems; (2) contract ...
• Texas Health & Safety Code Section 364.014 - Acquisition Of Property
  (a) A county may acquire by purchase, lease, gift, condemnation, or any other manner and may own, maintain, use, and operate property or an interest ...
• Texas Health & Safety Code Section 364.015 - Dumping Or Garbage Disposal Grounds
  The commissioners court shall determine the consideration to be paid to acquire real property on which to locate dumping or garbage disposal grounds. In determining ...
• Texas Health & Safety Code Section 364.016 - Cost Of Certain Required Alterations
  The relocation, raising, rerouting, changing of grade, or altering of construction of a highway, railroad, electric transmission line, telegraph or telephone property or facility, or ...
• Texas Health & Safety Code Section 364.031 - Public Agency Contracts
  (a) A public agency may contract with another public agency or a private contractor for the other public agency or private contractor to: (1) make ...
• Texas Health & Safety Code Section 364.032 - Public Agency Payments
  (a) Public agency payments to a county for solid waste collection, transportation, handling, storage, or disposal services may be made from income of the public ...
• Texas Health & Safety Code Section 364.033 - Alternative Payment Procedure Using Tax Funds
  (a) A contract between a public agency and a county that is authorized by the public agency's governing body is an obligation against the public ...
• Texas Health & Safety Code Section 364.034 - Solid Waste Disposal Service; Fees
  (a) A public agency or a county may: (1) offer solid waste disposal service to persons in its territory; (2) require the use of the ...
• Texas Health & Safety Code Section 364.035 - Public Agency Duty To Adjust Rates Charged
  (a) A public agency shall establish, maintain, and adjust the rates charged by the public agency for solid waste disposal services if: (1) the public ...
• Texas Health & Safety Code Section 364.036 - Authority To Provide Disposal Services To More Than One Person
  A contract or group of contracts under this chapter may provide that: (1) a county may render concurrently to more than one person services relating ...
• Texas Health & Safety Code Section 364.037 - Agreements With Other Political Subdivisions For Collection Of Past Due Utility Or Solid Waste Disposal Services Fees
  (a) A county or public agency that offers solid waste disposal services under this subchapter may enter an agreement for the collection of unpaid utility ...
• Texas Health & Safety Code Section 364.051 - Authority To Issue Bonds
  (a) To acquire, construct, improve, enlarge, and repair all or part of a solid waste disposal system, a county may issue bonds payable: (1) from ...
• Texas Health & Safety Code Section 364.052 - Terms; Form
  (a) Bonds issued under this chapter must be in the form and denomination and bear the rate of interest prescribed by the commissioners court. (b) ...
• Texas Health & Safety Code Section 364.053 - Approval And Registration
  (a) A county may submit bonds that have been authorized by the commissioners court and any record relating to their issuance to the attorney general ...
• Texas Health & Safety Code Section 364.054 - District Bond Validation By Suit
  (a) As an alternative for, or in addition to, the procedure provided by Section 364.053, the board of directors of a district may validate its ...
• Texas Health & Safety Code Section 364.055 - Investment And Use Of Proceeds
  (a) The commissioners court may set aside from proceeds of a bond sale: (1) interest to accrue on the bonds; (2) administrative expenses to the ...
• Texas Health & Safety Code Section 364.056 - Refunding Of Bonds
  A county may refund bonds issued under this chapter on terms and conditions and bearing the rate of interest prescribed by the commissioners court. Acts ...
• Texas Health & Safety Code Section 364.057 - Legal Investments; Security For Deposits
  (a) Bonds issued under this chapter are legal and authorized investments for: (1) a bank; (2) a savings bank; (3) a trust company; (4) a ...
• Texas Health & Safety Code Section 364.058 - Adjustment Of Rates And Changes To Maintain Adequate Revenue
  If bonds are outstanding, the commissioners court shall establish, maintain, and collect rates and charges for services furnished or made available by the solid waste ...
• Texas Health & Safety Code Section 365.001 - Short Title
  This chapter may be cited as the Texas Litter Abatement Act. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 365.002 - Water Pollution Controlled By Water Code
  The pollution of water in the state is controlled by Chapter 26, Water Code, and other applicable law. Acts 1989, 71st Leg., ch. 678, § ...
• Texas Health & Safety Code Section 365.003 - Litter On Beaches Controlled By Natural Resources Code
  The regulation of litter on public beaches is controlled by Subchapters C and D, Chapter 61, Natural Resources Code. Acts 1989, 71st Leg., ch. 678, ...
• Texas Health & Safety Code Section 365.004 - Disposal Of Garbage, Refuse, And Sewage In Certain Areas Under Control Of Parks And Wildlife Department
  The Parks and Wildlife Commission may adopt rules to govern the disposal of garbage, refuse, and sewage in state parks, public water in state parks, ...
• Texas Health & Safety Code Section 365.005 - Venue And Recovery Of Costs
  (a) Venue for the prosecution of a criminal offense under Subchapter B or Section 365.032 or 365.033 or for a suit for injunctive relief under ...
• Texas Health & Safety Code Section 365.011 - Definitions
  In this subchapter: (1) "Approved solid waste site" means: (A) a solid waste site permitted or registered by the Texas Natural Resource Conservation Commission; (B) ...
• Texas Health & Safety Code Section 365.012 - Illegal Dumping; Criminal Penalties
  (a) A person commits an offense if the person disposes or allows or permits the disposal of litter or other solid waste at a place ...
• Texas Health & Safety Code Section 365.013 - Rules And Standards; Criminal Penalty
  (a) The Texas Natural Resource Conservation Commission shall adopt rules and standards regarding processing and treating litter disposed in violation of this subchapter. (b) A ...
• Texas Health & Safety Code Section 365.014 - Application Of Subchapter; Defenses; Presumptions
  (a) This subchapter does not apply to farmers: (1) in handling anything necessary to grow, handle, and care for livestock; or (2) in erecting, operating, ...
• Texas Health & Safety Code Section 365.015 - Injunction; Venue; Recovery Of Costs
  (a) A district attorney, a county attorney, or the attorney general may bring a civil suit for an injunction to prevent or restrain a violation ...
• Texas Health & Safety Code Section 365.016 - Disposal Of Litter In A Cave; Criminal Penalty
  (a) A person commits an offense if the person disposes litter, a dead animal, sewage, or any chemical in a cave. (b) An offense under ...
• Texas Health & Safety Code Section 365.017 - Regulation Of Litter In Certain Counties
  (a) The commissioners court of a county may adopt regulations to control the disposal of litter and the removal of illegally dumped litter from private ...
• Texas Health & Safety Code Section 365.031 - Litter, Garbage, Refuse, And Rubbish In Lake Sabine
  The governing body of Port Arthur by ordinance may prohibit the depositing or placing of litter, garbage, refuse, or rubbish into or on the waters ...
• Texas Health & Safety Code Section 365.032 - Throwing Certain Substances In Or Near Lake Lavon; Criminal Penalty
  (a) The definitions provided by Section 365.011 apply to this section. (b) A person commits an offense if the person throws, leaves, or causes to ...
• Texas Health & Safety Code Section 365.033 - Discarding Refuse In Certain County Parks; Criminal Penalty
  (a) The definitions provided by Section 365.011 apply to this section. (b) In this section, "beach" means an area in which the public has acquired ...
• Texas Health & Safety Code Section 365.034 - County Regulation Of Litter Near Public Highway; Criminal Penalty
  (a) The commissioners court of a county may: (1) by order prohibit the accumulation of litter for more than 30 days on a person's property ...
• Texas Health & Safety Code Section 366.001 - Policy And Purpose
  It is the public policy of this state and the purpose of this chapter to: (1) eliminate and prevent health hazards by regulating and properly ...
• Texas Health & Safety Code Section 366.002 - Definitions
  In this chapter: (1) "Authorized agent" means a local governmental entity authorized by the commission to implement and enforce rules under this chapter. (2) "Commission" ...
• Texas Health & Safety Code Section 366.003 - Immunity
  The commission, an authorized agent, or a designated representative is not liable for damages resulting from the commission's or authorized agent's approval of the installation ...
• Texas Health & Safety Code Section 366.004 - Compliance Required
  A person may not construct, alter, repair, or extend, or cause to be constructed, altered, repaired, or extended, an on-site sewage disposal system that does ...
• Texas Health & Safety Code Section 366.005 - Notice Of Utility Service Connections
  (a) An electric utility shall compile a list weekly for each county in this state of the addresses located in an unincorporated area of the ...
• Texas Health & Safety Code Section 366.011 - General Supervision And Authority
  The commission or authorized agents: (1) have general authority over the location, design, construction, installation, and proper functioning of on-site sewage disposal systems; and (2) ...
• Texas Health & Safety Code Section 366.012 - Rules Concerning On-Site Sewage Disposal Systems
  (a) To assure the effective and efficient administration of this chapter, the commission shall: (1) adopt rules governing the installation of on-site sewage disposal systems, ...
• Texas Health & Safety Code Section 366.013 - Installation And Use Of Water Softeners And Reverse Osmosis Systems
  (a) Except as provided by Subsection (b), an owner may install or use a water softener that discharges effluent into an on-site sewage disposal system ...
• Texas Health & Safety Code Section 366.014 - Designated Person
  Subject to the requirements of Section 366.071(b), the commission or an authorized agent may designate a person to: (1) review permit applications, site evaluations, or ...
• Texas Health & Safety Code Section 366.016 - Emergency Orders
  The commission or authorized agent may issue an emergency order concerning an on-site sewage disposal system under Section 5.517, Water Code. Acts 1989, 71st Leg., ...
• Texas Health & Safety Code Section 366.017 - Required Repairs; Penalty
  (a) The commission or authorized agent may require a property owner to repair a malfunctioning on-site sewage disposal system on the owner's property: (1) not ...
• Texas Health & Safety Code Section 366.031 - Designation
  (a) The commission shall designate a local governmental entity as an authorized agent if the governmental entity: (1) notifies the commission that the entity wants ...
• Texas Health & Safety Code Section 366.032 - Order Or Resolution; Requirements
  (a) The local governmental entity's order or resolution must: (1) incorporate the commission's rules on abatement or prevention of pollution and the prevention of injury ...
• Texas Health & Safety Code Section 366.033 - Delegation To Local Governmental Entities
  The commission shall delegate to local governmental entities responsibility for the implementation and enforcement of applicable rules. Acts 1989, 71st Leg., ch. 678, § 1, ...
• Texas Health & Safety Code Section 366.034 - Investigation Of Authorized Agents
  (a) The commission shall: (1) conduct not more often than once a year an investigation of each authorized agent to determine the authorized agent's compliance ...
• Texas Health & Safety Code Section 366.035 - Mandatory Application For And Maintenance Of Designation
  A local governmental entity that applies to the Texas Water Development Board for financial assistance under a program for economically distressed areas must take all ...
• Texas Health & Safety Code Section 366.036 - County Map
  (a) If the commission designates a local governmental entity as its authorized agent and if the entity intends to apply to the Texas Water Development ...
• Texas Health & Safety Code Section 366.051 - Permits
  (a) A person must hold a permit and an approved plan to construct, alter, repair, extend, or operate an on-site sewage disposal system. (b) If ...
• Texas Health & Safety Code Section 366.0512 - Multiple Treatment Systems
  A multiple system of treatment devices and disposal facilities may be permitted as an on-site disposal system under this chapter if the system: (1) is ...
• Texas Health & Safety Code Section 366.0515 - Maintenance Contract And Performance Bond
  (a) An authorized agent or the commission may not condition a permit or the approval of a permit for an on-site sewage disposal system using ...
• Texas Health & Safety Code Section 366.052 - Permit Not Required For On-Site Sewage Disposal On Certain Single Residences
  (a) Sections 366.051, 366.053, 366.054, and 366.057 do not apply to an on-site sewage disposal system of a single residence that is located on a ...
• Texas Health & Safety Code Section 366.053 - Permit Application
  (a) Application for a permit must: (1) be made on a form provided by the commission or authorized agent; and (2) include information required by ...
• Texas Health & Safety Code Section 366.054 - Notice From Installer
  An installer may not begin construction, alteration, repair, or extension of an on-site sewage disposal system unless the installer notifies the commission or authorized agent ...
• Texas Health & Safety Code Section 366.055 - Inspections
  (a) The commission or authorized agent shall review a proposal for an on-site sewage disposal system and make inspections of the system as necessary to ...
• Texas Health & Safety Code Section 366.056 - Approval Of On-Site Sewage Disposal System
  (a) The commission or authorized agent may approve or disapprove the on-site sewage disposal system depending on the results of the inspections under Section 366.055. ...
• Texas Health & Safety Code Section 366.057 - Permit Issuance
  (a) The commission shall issue or authorize the issuance of permits and other documents. (b) A permit and approved plan to construct, alter, repair, extend, ...
• Texas Health & Safety Code Section 366.058 - Permit Fee
  (a) The commission by rule shall establish and collect a reasonable permit fee to cover the cost of issuing permits under this chapter and administering ...
• Texas Health & Safety Code Section 366.059 - Permit Fee Paid To Department Or Authorized Agent
  (a) The permit fee shall be paid to the authorized agent or the commission, whichever performs the permitting function. (b) The commission may assess a ...
• Texas Health & Safety Code Section 366.071 - Occupational Licensing And Registration
  Text of subsec. (a) effective until September 1, 2006 (a) A person who constructs, installs, alters, extends, or repairs an on-site sewage disposal system ...
• Texas Health & Safety Code Section 366.092 - Injunction Or Civil Suit
  (a) If it appears that a person has violated, is violating, or is threatening to violate any provision of this chapter, or any rule, permit, ...
• Texas Health & Safety Code Section 366.0922 - Commission Enforcement At Local Government Request
  A local government may request that the commission initiate an enforcement action under this chapter through a petition filed with the commission. If the commission ...
• Texas Health & Safety Code Section 366.0923 - Fees And Costs Recoverable
  If an authorized agent or the state prevails in a suit under this subchapter, it may recover reasonable attorney's fees, court costs, and reasonable investigative ...
• Texas Health & Safety Code Section 367.001 - Definitions
  In this chapter: (1) "Commission" means the Texas Natural Resource Conservation Commission. (2) "Council" means the On-site Wastewater Treatment Research Council. (3) "On-site wastewater treatment ...
• Texas Health & Safety Code Section 367.002 - Composition Of Council
  The On-site Wastewater Treatment Research Council is composed of the following 11 members appointed by the governor: (1) two builders of housing constructed on-site in ...
• Texas Health & Safety Code Section 367.003 - Application Of Sunset Act
  (a) The council is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the council is ...
• Texas Health & Safety Code Section 367.004 - Terms
  Council members serve for staggered two-year terms, with the terms of five members expiring September 1 of each even-numbered year and the terms of six ...
• Texas Health & Safety Code Section 367.005 - Officers; Meetings
  (a) Each year the council shall elect one of its members as chairman. (b) The council shall meet quarterly as designated by the chairman or ...
• Texas Health & Safety Code Section 367.006 - Compensation; Expenses
  A council member is entitled to receive: (1) the amount provided by legislative appropriation for the member's services; and (2) reimbursement for travel expenses and ...
• Texas Health & Safety Code Section 367.007 - Administration
  (a) The council is not an advisory body to the commission. The commission, at the direction of the council, shall implement council decisions. (b) The ...
• Texas Health & Safety Code Section 367.008 - Award Of Competitive Grants
  (a) The council shall establish procedures for awarding competitive grants and disbursing grant money. (b) The council may award competitive grants to: (1) support applied ...
• Texas Health & Safety Code Section 367.009 - Appropriations
  Money appropriated for the purposes of this chapter shall be disbursed as the council directs and in accordance with Section 367.008. Acts 1989, 71st Leg., ...
• Texas Health & Safety Code Section 367.010 - Fees
  (a) The commission and each county, municipality, public health department, and river authority shall collect a $10 fee for each on-site wastewater treatment permit application ...
• Texas Health & Safety Code Section 367.011 - On-Site Wastewater Treatment Research Account
  The on-site wastewater treatment research account is an account in the general revenue fund. Added by Acts 1995, 74th Leg., ch. 347, § 4, eff. ...
• Texas Health & Safety Code Section 368.001 - Regulatory Program
  The commissioners court of a county may establish a program regulating transporters of grease trap, sand trap, and septic waste. Acts 1989, 71st Leg., ch. ...
• Texas Health & Safety Code Section 368.002 - Participation By Municipality In Regulatory Program
  The commissioners court may enter into a contract with a municipality that provides the terms and conditions under which the municipality may participate in the ...
• Texas Health & Safety Code Section 368.003 - Permits
  The commissioners court of a county may: (1) require a permit for trucks that transport grease trap, sand trap, and septic waste, including trucks serving ...
• Texas Health & Safety Code Section 368.004 - Inspections
  The commissioners court of a county may: (1) coordinate with municipalities the inspection of trucks that transport grease trap, sand trap, and septic waste; (2) ...
• Texas Health & Safety Code Section 368.005 - Contracts
  The commissioners court of a county may contract with a person to provide a service that is part of the regulatory program. Acts 1989, 71st ...
• Texas Health & Safety Code Section 368.006 - Forms
  The commissioners court of a county may develop a single manifest form with a uniform manifest registration and numbering system to be used by the ...
• Texas Health & Safety Code Section 368.011 - Definitions
  In this subchapter: (1) "Waste" means: (A) animal and vegetable waste materials resulting from the handling, preparation, cooking, or consumption of food; (B) discarded paper, ...
• Texas Health & Safety Code Section 368.012 - County Licensing And Regulation
  To protect the public health, safety, or welfare, the commissioners court of a county with a population of less than 375,000 may by ordinance: (1) ...
• Texas Health & Safety Code Section 368.013 - Exemptions For Certain Waste Haulers
  (a) This subchapter does not apply to an entity that transports: (1) material as part of a recycling program; or (2) salt water, drilling fluids, ...
• Texas Health & Safety Code Section 368.014 - Bond Or Other Financial Assurance
  (a) An applicant for a waste hauler license must execute a surety bond or provide other financial assurance that is payable for the use and ...
• Texas Health & Safety Code Section 368.015 - Fees
  Fees or other money received by a county under the licensing program shall be deposited to the credit of the general fund of the county. ...
• Texas Health & Safety Code Section 368.016 - Conflict With Other Regulations
  If a requirement or standard established under Section 368.012 conflicts with state law, a rule adopted under state law, or a municipal ordinance or charter, ...
• Texas Health & Safety Code Section 368.017 - Injunction
  A county is entitled to appropriate injunctive relief to prevent the violation or threatened violation of an ordinance the county adopts under this subchapter. Acts ...
• Texas Health & Safety Code Section 368.018 - Criminal Penalty
  (a) If a county ordinance adopted under this subchapter defines an offense for a violation of the ordinance, the offense is a Class C misdemeanor. ...
• Texas Health & Safety Code Section 369.001 - Definitions
  In this chapter: (1) "Commission" means the Texas Natural Resource Conservation Commission. (2) "Plastic" means a material made of polymeric organic compounds and additives that ...
• Texas Health & Safety Code Section 369.002 - Symbols For Certain Plastic Containers
  (a) A person may not manufacture or distribute a plastic bottle or rigid plastic container unless the appropriate symbol indicating the plastic resin used to ...
• Texas Health & Safety Code Section 369.003 - Penalty
  (a) A person who violates Section 369.002(a) or (b) is subject to a civil penalty not to exceed $500 for each act of violation. (b) ...
• Texas Health & Safety Code Section 370.001 - Short Title
  This chapter may be cited as the Texas Toxic Chemical Release Reporting Act. Added by Acts 1991, 72nd Leg., ch. 14, § 132, eff. Sept. ...
• Texas Health & Safety Code Section 370.002 - Definitions
  In this chapter: (1) "Administrator" means the administrator of the United States Environmental Protection Agency. (2) "Commission" means the Texas Natural Resource Conservation Commission. (3) ...
• Texas Health & Safety Code Section 370.003 - Toxic Chemical Release Form Required Of Certain Facilities
  (a) The owner or operator of a facility shall submit a toxic chemical release form to the executive director if the facility: (1) has 10 ...
• Texas Health & Safety Code Section 370.004 - Threshold Amounts For Reporting
  (a) The threshold amounts for purposes of reporting a toxic chemical under Section 370.003 are as follows: (1) for a toxic chemical used, but not ...
• Texas Health & Safety Code Section 370.005 - Use Of Available Data
  (a) To provide the information required on the toxic chemical release form, the owner or operator of a facility may use: (1) readily available data, ...
• Texas Health & Safety Code Section 370.006 - Public Availability Of Toxic Chemical Release Form
  (a) A toxic chemical release form required under this chapter is intended to provide information to the public, including federal, state, and local governments and ...
• Texas Health & Safety Code Section 370.007 - Toxic Chemical Release Reporting Funds
  (a) Toxic chemical release reporting funds consist of money collected by the commission from: (1) fees imposed on owners and operators of facilities required to ...
• Texas Health & Safety Code Section 370.008 - Disposition Of Fees
  (a) The owner or operator of a facility required to submit a toxic chemical release form under this chapter shall pay, at the time of ...
• Texas Health & Safety Code Section 371.001 - Short Title
  This chapter may be cited as the Texas Used Oil Collection, Management, and Recycling Act. Added by Acts 1991, 72nd Leg., ch. 303, § 8, ...
• Texas Health & Safety Code Section 371.002 - Findings
  The legislature finds that: (1) when properly managed and recycled, used oil is a valuable energy resource; (2) used oil can be recycled into a ...
• Texas Health & Safety Code Section 371.0025 - Purpose And Scope
  (a) The purposes of this chapter are to: (1) ensure that this state's used oil program is consistent with and not more stringent than the ...
• Texas Health & Safety Code Section 371.003 - Definitions
  In this chapter: (1) "Aboveground tank" means a tank used to store or process oil that is not an underground storage tank as defined by ...
• Texas Health & Safety Code Section 371.021 - Public Education
  The commission shall conduct an education program to inform the public of the need for and benefits of the collection and recycling of used oil ...
• Texas Health & Safety Code Section 371.022 - Notice By Retail Dealer
  A retail dealer who annually sells directly to the public more than 500 gallons of oil in containers for use off-premises shall post in a ...
• Texas Health & Safety Code Section 371.023 - Grants To Local Governments And Private Entities
  (a) The commission shall develop a grant program for local governments and private entities that encourages the collection, reuse, and recycling of household do-it-yourselfer used ...
• Texas Health & Safety Code Section 371.024 - Collection Facilities
  (a) All appropriate businesses and government agencies are encouraged to serve as do-it-yourselfer used oil collection centers or used oil collection centers. (b) A do-it-yourselfer ...
• Texas Health & Safety Code Section 371.0245 - Reimbursement Of Used Oil Collection Center's Hazardous Waste Expense
  (a) The commission, on proper application, shall reimburse the owner or operator of an eligible registered do-it-yourselfer used oil collection center or a used oil ...
• Texas Health & Safety Code Section 371.0246 - Procedures For Reimbursement
  (a) An owner or operator of a registered do-it-yourselfer used oil collection center or used oil collection center may apply for reimbursement from the commission. ...
• Texas Health & Safety Code Section 371.025 - Limitation Of Liability
  (a) A person may not recover from the owner, operator, or lessor of a registered do-it-yourselfer used oil collection center or used oil collection center ...
• Texas Health & Safety Code Section 371.026 - Registration And Reporting Requirements Of Used Oil Handlers Other Than Generators
  (a) The commission shall adopt rules governing registration and reporting of used oil handlers other than generators. The rules shall require that: (1) a used ...
• Texas Health & Safety Code Section 371.027 - Gifts And Grants
  The commission may apply for, request, solicit, contract for, receive, and accept gifts, grants, donations, and other assistance from any source to carry out its ...
• Texas Health & Safety Code Section 371.028 - Rules
  Not later than January 1, 1996, the commission shall adopt rules, standards, and procedures necessary to implement the used oil recycling program established by this ...
• Texas Health & Safety Code Section 371.041 - Actions Prohibited
  A person may not collect, transport, store, recycle, use, discharge, or dispose of used oil in any manner that endangers the public health or welfare ...
• Texas Health & Safety Code Section 371.061 - Used Oil Recycling Account
  (a) The used oil recycling account is in the state treasury. (b) The account consists of: (1) fees collected under Sections 371.024, 371.026, and 371.062; ...
• Texas Health & Safety Code Section 371.062 - Fee On Sale Of Automotive Oil
  (a) In this section: (1) "Distributor" means a person who maintains a distribution center or warehouse in this state and annually sells more than 25,000 ...
• Texas Health & Safety Code Section 371.101 - Definitions
  In this subchapter: (1) "Bill of lading" means a shipping document that confirms the receipt of a shipment. (2) "Bulk filter container" means a portable ...
• Texas Health & Safety Code Section 371.102 - Applicability
  (a) This subchapter applies to a used oil filter only if the filter has not been: (1) separated into its component parts; or (2) burned ...
• Texas Health & Safety Code Section 371.103 - General Requirements
  (a) A person may not store, process, or dispose of a used oil filter in a manner that results in the discharge of oil into ...
• Texas Health & Safety Code Section 371.104 - Registration And Reporting
  (a) A transporter, storage facility, or processor may not store, process, recycle, or dispose of used oil filters unless the person is registered with the ...
• Texas Health & Safety Code Section 371.105 - Shipment Records
  (a) Each shipment of used oil filters must be accompanied by a bill of lading that conforms to commission rules. (b) In accordance with commission ...
• Texas Health & Safety Code Section 371.106 - Limitations On Storage
  (a) A storage facility may not store a used oil filter for more than 120 days. (b) A transporter may not store a used oil ...
• Texas Health & Safety Code Section 371.107 - Variances
  (a) The commission may grant an individual variance to allow: (1) a generator to store used oil filters in a greater aggregate volume than the ...
• Texas Health & Safety Code Section 371.108 - Spill Prevention And Control
  Each registered storage facility and each facility of a registered processor shall develop a plan to prevent spills and respond to spills in accordance with ...
• Texas Health & Safety Code Section 371.109 - Financial Responsibility
  The commission shall adopt rules requiring a person required to register under Section 371.104 to demonstrate adequate financial responsibility. Added by Acts 1999, 76th Leg., ...
• Texas Health & Safety Code Section 371.110 - Civil And Administrative Penalties
  (a) Notwithstanding Sections 7.052 and 7.102, Water Code, a person that violates this subchapter or a rule adopted under this subchapter is liable for a ...
• Texas Health & Safety Code Section 372.001 - Definitions
  In this chapter: (1) "Commission" means the Texas Natural Resource Conservation Commission. (2) "Executive director" means the executive director of the commission. (3) "Plumbing fixture" ...
• Texas Health & Safety Code Section 372.002 - Water Saving Performance Standards
  (a) A person may not sell, offer for sale, distribute, or import into this state a plumbing fixture for use in this state unless: (1) ...
• Texas Health & Safety Code Section 372.003 - Labeling Requirements
  (a) A person may not sell, offer for sale, distribute, or import into this state a plumbing fixture unless the plumbing fixture, including each component ...
• Texas Health & Safety Code Section 372.0035 - Lead In Plumbing Fixtures, Pipe, And Pipe Fitting
  (a) A person may not sell or offer for sale a plumbing fixture, pipe, or pipe fitting that contains more than eight percent lead for ...
• Texas Health & Safety Code Section 372.004 - Report To Legislature
  (a) In this section, "water consumption factor" has the meaning assigned by 10 C.F.R. Part 430, Subpart B, Appendix J, as that appendix existed on ...
• Texas Health & Safety Code Section 372.005 - Commercial Prerinse Spray Valve Performance Standards
  (a) A person may not sell, offer for sale, distribute, lease, or import into this state a commercial prerinse spray valve for use in this ...
• Texas Health & Safety Code Section 373.001 - Xeriscape Assistance Program
  (a) The board on request shall assist counties and municipalities by providing a model xeriscape code and other technical assistance. (b) The board shall work ...
• Texas Health & Safety Code Section 374.001 - Definitions
  Section 374.253 provides for the expiration of Chapter 374 on September 1, 2021 In this chapter: (1) Repealed by Acts 2005, 79th Leg., ch. ...
• Texas Health & Safety Code Section 374.002 - Applicability Of Other Law
  Section 374.253 provides for the expiration of Chapter 374 on September 1, 2021 To the extent that this chapter is inconsistent or in conflict ...
• Texas Health & Safety Code Section 374.003 - Applicability To Governmental Bodies
  Section 374.253 provides for the expiration of Chapter 374 on September 1, 2021 This chapter does not apply to: (1) a governmental entity, including ...
• Texas Health & Safety Code Section 374.004 - Advisory Committee
  Section 374.253 provides for the expiration of Chapter 374 on September 1, 2021. (a) The executive director shall appoint an advisory committee composed of: ...
• Texas Health & Safety Code Section 374.051 - Commission Rules And Standards
  Section 374.253 provides for the expiration of Chapter 374 on September 1, 2021. (a) The commission, with the assistance of the advisory committee, shall ...
• Texas Health & Safety Code Section 374.052 - Facility Retrofitting
  Section 374.253 provides for the expiration of Chapter 374 on September 1, 2021. (a) The commission by rule shall require dry cleaning facilities operating ...
• Texas Health & Safety Code Section 374.053 - Performance Standards For New Dry Cleaning Facilities
  Section 374.253 provides for the expiration of Chapter 374 on September 1, 2021. (a) The commission by rule shall adopt performance standards for a ...
• Texas Health & Safety Code Section 374.054 - Completion Criteria
  Section 374.253 provides for the expiration of Chapter 374 on September 1, 2021. (a) In determining whether a corrective action is complete, the commission ...
• Texas Health & Safety Code Section 374.055 - Criteria For Administration Of Chapter
  Section 374.253 provides for the expiration of Chapter 374 on September 1, 2021. (a) The commission shall administer this chapter in accordance with this ...
• Texas Health & Safety Code Section 374.056 - Report To Governor And Legislature
  Section 374.253 provides for the expiration of Chapter 374 on September 1, 2021. On or before December 1 of each even-numbered year, the executive ...
• Texas Health & Safety Code Section 374.101 - Dry Cleaning Facility Release Fund
  Section 374.253 provides for the expiration of Chapter 374 on September 1, 2021. (a) The dry cleaning facility release fund is an account in ...
• Texas Health & Safety Code Section 374.102 - Registration; Fee; Posting
  Section 374.253 provides for the expiration of Chapter 374 on September 1, 2021 (a) Each owner of an operating dry cleaning facility or dry ...
• Texas Health & Safety Code Section 374.103. FEE ON PURCHASE OF DRY CLEANING SOLVENT; DISPOSITION OF PROCEEDS. Section 374.253 provides for the expiration of Chapter 374 on September 1, 2021 (a) Except as provided by Subsection (b) and Section 374.104(d), a fee of $15 per gallon is imposed on the purchase of the dry cleaning solvent perchloroethylene and $5 per gallon on the purchase of any other dry cleaning solvent by an owner of a dry cleaning facility. The person who distributes the solvent shall collect the fees and shall pay to the commission the amount due, in accordance with Subsection (a-1). (a-1) A person who distributes dry cleaning solvent must register as a distributor with the commission. A registered distributor is entitled to withhold one percent of the amount of the fee imposed by Subsection (a) for the distributor's administrative expenses if the distributor pays the remaining amount to the commission not later than the date prescribed by the commission. (b) Subsection (a) does not apply to a dry cleaning facility designated as nonparticipating under Section 374.104. (c) A person who distributes dry cleaning solvent may not sell the solvent for use in a dry cleaning facility unless the person first obtains and records the registration number of the owner of the facility. (d) The commission shall adopt any procedures needed for the collection, administration, and enforcement of the fee imposed by this section and shall deposit all remitted fees to the credit of the fund. Added by Acts 2003, 78th Leg., ch. 540, § 1, eff. Sept - 1, 2003
  Amended by Acts 2005, 79th Leg., ch. 1110, § 9, eff. Sept. 1, 2005. ...
• Texas Health & Safety Code Section 374.104 - Option Not To Participate In Fund Benefits
  Section 374.253 provides for the expiration of Chapter 374 on September 1, 2021 (a) The owner of a dry cleaning facility or drop station ...
• Texas Health & Safety Code Section 374.151 - Response To Release
  Section 374.253 provides for the expiration of Chapter 374 on September 1, 2021. (a) A person may not knowingly allow a release. (b) A ...
• Texas Health & Safety Code Section 374.152 - Investigation And Assessment Of Release; Emergency Action
  Section 374.253 provides for the expiration of Chapter 374 on September 1, 2021. (a) If a release or a potential release poses a threat ...
• Texas Health & Safety Code Section 374.153 - Corrective Action
  Section 374.253 provides for the expiration of Chapter 374 on September 1, 2021 (a) Subject to Subchapter E, the commission shall take corrective action ...
• Texas Health & Safety Code Section 374.154 - Ranking Of Contaminated Dry Cleaning Sites
  Section 374.253 provides for the expiration of Chapter 374 on September 1, 2021. (a) For a contaminated dry cleaning site that does not require ...
• Texas Health & Safety Code Section 374.155. POWER TO MODIFY COMMISSION RANKINGS OR POSTPONE CORRECTIVE ACTIONS. Section 374.253 provides for the expiration of Chapter 374 on September 1, 2021. The commission may: (1) modify the ranked status of a site as warranted under the system of priorities established under Section 374.051(b)(3); or (2) postpone temporarily the completion of a corrective action for which money from the fund is being used, if the postponement is necessary to make money available for corrective action at a site with a higher ranking. Added by Acts 2003, 78th Leg., ch. 540, § 1, eff. Sept - 1, 2003
  ...
• Texas Health & Safety Code Section 374.202 - Owner Responsibility
  Section 374.253 provides for the expiration of Chapter 374 on September 1, 2021. (a) The commission may hold an owner responsible for up to ...
• Texas Health & Safety Code Section 374.203 - Limitation On Use Of Fund For Corrective Action
  Section 374.253 provides for the expiration of Chapter 374 on September 1, 2021. (a) In this section, "contaminated dry cleaning site" means the areal ...
• Texas Health & Safety Code Section 374.204 - Limitation On Liability
  Section 374.253 provides for the expiration of Chapter 374 on September 1, 2021 The fund, the commission, the executive director, this state, or agents ...
• Texas Health & Safety Code Section 374.205 - Limitation On Use Of Fund For Third Parties
  Section 374.253 provides for the expiration of Chapter 374 on September 1, 2021. Money from the fund may not be used to compensate third ...
• Texas Health & Safety Code Section 374.206 - Use Of Other Sources Of Money
  Section 374.253 provides for the expiration of Chapter 374 on September 1, 2021 This chapter does not create a liability or responsibility on the ...
• Texas Health & Safety Code Section 374.207. ELIGIBLE OWNER EXEMPT FROM CERTAIN CLAIMS. Section 374.253 provides for the expiration of Chapter 374 on September 1, 2021. If an owner or other person is eligible under this chapter to have corrective action costs paid by the fund, an administrative or judicial claim may not be made under state law against the owner or other person by or on behalf of this state or by any other person, except a political subdivision, to compel corrective action or seek recovery of the costs of corrective action that result from the release. Added by Acts 2003, 78th Leg., ch. 540, § 1, eff. Jan - 1, 2004
  ...
• Texas Health & Safety Code Section 374.208 - Unauthorized Payments
  Section 374.253 provides for the expiration of Chapter 374 on September 1, 2021. (a) The commission may pay costs from the fund under this ...
• Texas Health & Safety Code Section 374.251 - Review Of Orders
  Section 374.253 provides for the expiration of Chapter 374 on September 1, 2021 (a) A person affected by an order of the commission under ...
• Texas Health & Safety Code Section 374.252 - Violations; Penalties
  Section 374.253 provides for the expiration of Chapter 374 on September 1, 2021. (a) A person is subject to an administrative penalty under Section ...
• Texas Health & Safety Code Section 374.253 - Expiration
  This section provides for the expiration of Chapter 374 on September 1, 2021. (a) This chapter expires on September 1, 2021. (b) A corrective action, ...
• Texas Health & Safety Code Section 375.001 - Definitions
  Text of section effective until August 31, 2015 In this chapter: (1) "Capture rate" means the annual number of convenience switches removed, collected, and ...
• Texas Health & Safety Code Section 375.002 - Applicability Of Chapter
  Text of section effective until August 31, 2015 (a) This chapter applies only to: (1) a manufacturer of vehicles sold in this state that ...
• Texas Health & Safety Code Section 375.003 - Expiration
  Text of section effective until August 31, 2015 This chapter expires August 31, 2015. Added by Acts 2005, 79th Leg., ch. 746, § 1, ...
• Texas Health & Safety Code Section 375.051 - Manufacturer Program Components
  Text of section effective until August 31, 2015 (a) Each manufacturer of vehicles sold in this state, individually or as part of a group, ...
• Texas Health & Safety Code Section 375.052 - Packaging, Shipping, And Recycling Costs
  Text of section effective until August 31, 2015 Each manufacturer, individually or as part of a group, shall pay the costs of: (1) packaging ...
• Texas Health & Safety Code Section 375.053 - Costs Of Educational Materials
  Text of section effective until August 31, 2015 Each manufacturer shall provide financing for: (1) the preparation of educational materials required under Section 375.051; ...
• Texas Health & Safety Code Section 375.054 - Provision Of Storage Containers
  Text of section effective until August 31, 2015 Each manufacturer, individually or as part of a group, shall pay for and provide to each ...
• Texas Health & Safety Code Section 375.101 - Removal And Management Of Convenience Switches
  Text of section effective until August 31, 2015 (a) A vehicle recycler or scrap metal recycling facility that removes convenience switches from eligible vehicles ...
• Texas Health & Safety Code Section 375.102 - Handling Of Convenience Switches
  Text of section effective until August 31, 2015 After removal from a vehicle, a convenience switch shall be collected, stored, transported, and otherwise handled ...
• Texas Health & Safety Code Section 375.151 - Annual Implementation Report
  Text of section effective until August 31, 2015 (a) On or before December 31 of each year, the commission shall: (1) publish a report ...
• Texas Health & Safety Code Section 375.152 - Annual Manufacturer's Implementation Report
  Text of section effective until August 31, 2015 On or before November 15 of each year, each manufacturer, individually or as part of a ...
• Texas Health & Safety Code Section 382.001 - Short Title
  This chapter may be cited as the Texas Clean Air Act. Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. ...
• Texas Health & Safety Code Section 382.002 - Policy And Purpose
  (a) The policy of this state and the purpose of this chapter are to safeguard the state's air resources from pollution by controlling or abating ...
• Texas Health & Safety Code Section 382.003 - Definitions
  In this chapter: (1) "Administrator" means the Administrator of the United States Environmental Protection Agency. (2) "Air contaminant" means particulate matter, radioactive material, dust, fumes, ...
• Texas Health & Safety Code Section 382.004 - Construction While Permit Application Pending
  (a) To the extent permissible under federal law and notwithstanding Section 382.0518, a person who submits an application for a permit for a modification of ...
• Texas Health & Safety Code Section 382.011 - General Powers And Duties
  (a) The commission shall: (1) administer this chapter; (2) establish the level of quality to be maintained in the state's air; and (3) control the ...
• Texas Health & Safety Code Section 382.012 - State Air Control Plan
  The commission shall prepare and develop a general, comprehensive plan for the proper control of the state's air. Acts 1989, 71st Leg., ch. 678, § ...
• Texas Health & Safety Code Section 382.013 - Air Quality Control Regions
  The commission may designate air quality control regions based on jurisdictional boundaries, urban-industrial concentrations, and other factors, including atmospheric areas, necessary to provide adequate implementation ...
• Texas Health & Safety Code Section 382.014 - Emission Inventory
  The commission may require a person whose activities cause emissions of air contaminants to submit information to enable the commission to develop an inventory of ...
• Texas Health & Safety Code Section 382.0145 - Clean Fuel Incentive Surcharge
  (a) The commission shall levy a clean fuel incentive surcharge of 20 cents per MMBtu on fuel oil used between April 15 and October 15 ...
• Texas Health & Safety Code Section 382.015 - Power To Enter Property
  (a) A member, employee, or agent of the commission may enter public or private property, other than property designed for and used exclusively as a ...
• Texas Health & Safety Code Section 382.016 - Monitoring Requirements; Examination Of Records
  (a) The commission may prescribe reasonable requirements for: (1) measuring and monitoring the emissions of air contaminants from a source or from an activity causing ...
• Texas Health & Safety Code Section 382.017 - Rules
  (a) The commission may adopt rules. The commission shall hold a public hearing before adopting a rule consistent with the policy and purposes of this ...
• Texas Health & Safety Code Section 382.0171 - Alternative Fuels And Select-Use Technologies
  (a) In adopting rules, the commission shall encourage and may allow the use of natural gas and other alternative fuels, as well as select-use technologies, ...
• Texas Health & Safety Code Section 382.0172 - International Border Areas
  (a) In order to qualify for the exceptions provided by Section 179B of the federal Clean Air Act (42 U.S.C. Section 7509a), as added by ...
• Texas Health & Safety Code Section 382.0173 - Adoption Of Rules Regarding Certain State Implementation Plan Requirements And Standards Of Performance For Certain Sources
  (a) The commission shall adopt rules to comply with Sections 110(a)(2)(D) and 111(d) of the federal Clean Air Act (42 U.S.C. Sections 7410 and 7411). ...
• Texas Health & Safety Code Section 382.018 - Outdoor Burning Of Waste And Combustible Material
  (a) Subject to Section 352.082, and except as provided by Subsections (b) and (d), the commission by rule may control and prohibit the outdoor burning ...
• Texas Health & Safety Code Section 382.019 - Methods Used To Control And Reduce Emissions From Land Vehicles
  (a) Except as provided by Section 382.202(j), or another provision of this chapter, the commission by rule may provide requirements concerning the particular method to ...
• Texas Health & Safety Code Section 382.0191 - Idling Of Motor Vehicle While Using Sleeper Berth
  Text of section effective until September 1, 2007 (a) In this section, "idling" means allowing an engine to run while the motor vehicle is ...
• Texas Health & Safety Code Section 382.0195 - Commercial Infectious Waste Incinerators
  (a) The commission shall adopt rules prescribing the most effective emissions control technology reasonably available to control emissions of air contaminants from a commercial infectious ...
• Texas Health & Safety Code Section 382.020 - Control Of Emissions From Facilities That Handle Certain Agricultural Products
  (a) The commission, when it determines that the control of air pollution is necessary, shall adopt rules concerning the control of emissions of particulate matter ...
• Texas Health & Safety Code Section 382.0201 - Prohibition On Commission Rule Relating To Emissions From Certain Hospital Or Medical Disinfectants
  (a) In this section, "hospital or medical disinfectant" means an antimicrobial product that is registered with and meets the performance standards of the United States ...
• Texas Health & Safety Code Section 382.0205 - Special Problems Related To Air Contaminant Emissions
  Consistent with applicable federal law, the commission by rule may control air contaminants as necessary to protect against adverse effects related to: (1) acid deposition; ...
• Texas Health & Safety Code Section 382.021 - Sampling Methods And Procedures
  (a) The commission may prescribe the sampling methods and procedures to be used in determining violations of and compliance with the commission's rules, variances, and ...
• Texas Health & Safety Code Section 382.0215 - Assessment Of Emissions Due To Emissions Events
  (a) In this section: (1) "Emissions event" means an upset event, or unscheduled maintenance, startup, or shutdown activity, from a common cause that results in ...
• Texas Health & Safety Code Section 382.0216 - Regulation Of Emissions Events
  (a) In this section, "emissions event" has the meaning assigned by Section 382.0215. (b) The commission shall establish criteria for determining when emissions events are ...
• Texas Health & Safety Code Section 382.022 - Investigations
  The executive director may make or require the making of investigations: (1) that the executive director considers advisable in administering this chapter and the commission's ...
• Texas Health & Safety Code Section 382.023 - Orders
  (a) The commission may issue orders and make determinations as necessary to carry out the purposes of this chapter. Orders authorized by this chapter may ...
• Texas Health & Safety Code Section 382.024 - Factors In Issuing Orders And Determinations
  In issuing an order and making a determination, the commission shall consider the facts and circumstances bearing on the reasonableness of emissions, including: (1) the ...
• Texas Health & Safety Code Section 382.025 - Orders Relating To Controlling Air Pollution
  (a) If the commission determines that air pollution exists, the commission may order any action indicated by the circumstances to control the condition. (b) The ...
• Texas Health & Safety Code Section 382.026 - Orders Issued Under Emergencies
  The commission ma