SUBCHAPTER A IMMUNIZATIONS
- Texas Section 161.0001 - Definitions
In this subchapter: (1) "Data elements" means the information: (A) a health care provider who administers a vaccine is required to record in a medical...
- Texas 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 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 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 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 in...
- Texas 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 Section 161.005 - Immunizations Required
(a) On admission of a child to a mental health facility of the department, a state supported living center of the Department of Aging and...
- Texas 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 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 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 Section 161.007 - Immunization Registry; Reports To Department
(a) The department, for the primary purpose of establishing and maintaining a single repository of accurate, complete, and current immunization records to be used in...
- Texas Section 161.00705 - Recording Administration Of Immunization And Medication For Disasters And Emergencies
(a) The department shall maintain a registry of persons who receive an immunization, antiviral, and other medication administered to prepare for a potential disaster, public...
- Texas Section 161.00706 - First Responder Immunization Information
(a) A person 18 years of age or older who is a first responder or an immediate family member of a first responder may: (1)...
- Texas Section 161.00707 - Information And Education For First Responders
The department shall develop a program for informing first responders about the immunization registry and educating first responders about the benefits of being included in...
- Texas Section 161.0071 - Notice Of Receipt Of Registry Data; Exclusion From Registry
(a) The first time the department receives registry data for an individual for whom the department has received consent to be included in the registry,...
- Texas Section 161.0072 - Providing Immunization Information To Department
(a) If the individual or the individual's legally authorized representative has reasonable concern that the individual's health care provider is not submitting the immunization history...
- Texas Section 161.0073 - Registry Confidentiality
(a) Except as provided by Sections 161.00705 and 161.00735, information that individually identifies an individual that is received by the department for the immunization registry...
- Texas Section 161.00735 - Release And Receipt Of Registry Data In Disaster
(a) In this section, "disaster" means a disaster declared by the president of the United States, the governor of this state, or the governor of...
- Texas 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 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, 161.00705, 161.00706, 161.0071, 161.0073, 161.0074,...
- Texas 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 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 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 Section 161.0095 - Education Programs And Information
(a) The department shall develop: (1) continuing education programs for health care providers relating to immunizations and the vaccines for children program operated by the...
- Texas 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 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 Section 161.0102 - Vaccines For Children Program; Influenza Vaccines
(a) In this section, "vaccines for children program" means the program operated by the department under authority of 42 U.S.C. Section 1396s, as amended. (b)...
- Texas Section 161.01035 - Provider Choice System
(a) The department shall implement a provider choice system for the vaccines for children program operated by the department under authority of 42 U.S.C. Section...
- Texas Section 161.0104 - Disaster Preparation
The department shall consult with public health departments and appropriate health care providers to identify adult immunizations that may be necessary to respond to or...
- Texas Section 161.0105 - Limitation On Liability
(a) A health care provider who acts in compliance with Sections 161.007, 161.00705, 161.00706, and 161.008 and any rules adopted under those sections is not...
- Texas 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 Section 161.0107 - Electronic Medical Records Systems
(a) In this section: (1) "Electronic medical records software package or system" means an electronic system for maintaining medical records in the clinical setting. (2)...
- Texas Section 161.0108 - Injunction
(a) The attorney general may bring an action in the name of the state to enjoin a violation of Section 161.0107. (b) If the state...
SUBCHAPTER B HEALTH INSPECTION OF PRIVATE RESIDENCE
- Texas Section 161.0109 - Human Papillomavirus; Vaccines Education Materials
(a) The department, using existing resources, shall produce and distribute informational materials regarding vaccines against human papillomavirus that are approved by the United States Food...
- Texas 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...
SUBCHAPTER C PROVISION OF INFORMATION RELATING TO CERTAIN HEALTH CONDITIONS
- Texas 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 Texas Department...
- Texas Section 161.021 - Authorization To Provide Information; Use Of Information; Liability
(a) Unless prohibited by other law, a person, including a hospital, sanatorium, nursing facility, rest home, medical society, cancer registry, or other organization, may provide...
- Texas 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 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 Section 161.0213 - Confidentiality
Reports, records, and information furnished to the commissioner or the commissioner's designee or the Texas Commission on Environmental Quality that relate to an epidemiologic or...
- Texas 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 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...
SUBCHAPTER D MEDICAL COMMITTEES, MEDICAL PEER REVIEW COMMITTEES, AND COMPLIANCE OFFICERS
- Texas 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 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 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 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...
SUBCHAPTER E REPORTS OF GUNSHOT WOUNDS AND CONTROLLED SUBSTANCE OVERDOSES
- Texas 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 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 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 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...
SUBCHAPTER F DISCLOSURE OF CERTAIN AGREEMENTS FOR PAYMENT OF LABORATORY TESTS
- Texas 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 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...
SUBCHAPTER G HUMAN MILK BANKS
- Texas 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...
SUBCHAPTER H DISTRIBUTION OF CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS
- Texas 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 Section 161.081 - Definitions
In this subchapter: (1) "Cigarette" has the meaning assigned by Section 154.001, Tax Code. (1-a) "E-cigarette" means an electronic cigarette or any other device that...
- Texas Section 161.082 - Sale Of Cigarettes, E-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, e-cigarette,...
- Texas 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 Section 161.083 - Sale Of Cigarettes, E-cigarettes, Or Tobacco Products To Persons Younger Than 27 Years Of Age
(a) Pursuant to federal regulation under 21 C.F.R. Section 1140.14(b), a person may not sell, give, or cause to be sold or given a cigarette...
- Texas Section 161.084 - Warning Notice
(a) Each person who sells cigarettes, e-cigarettes, or tobacco products at retail or by vending machine shall post a sign in a location that is...
- Texas 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, e-cigarettes, or tobacco products...
- Texas 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, e-cigarettes, or tobacco products for sale in a...
- Texas Section 161.087 - Distribution Of Cigarettes, E-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, e-cigarette, or tobacco product;...
- Texas Section 161.0875 - Sale Of E-cigarette Nicotine Containers
(a) A person may not sell or cause to be sold a container that contains liquid with nicotine and that is an accessory for an...
- Texas 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 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 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...
SUBCHAPTER J EXPOSURE TO LEAD
- Texas Section 161.0902 - E-cigarette Report
(a) Not later than January 5th of each odd-numbered year, the department shall report to the governor, lieutenant governor, and speaker of the house of...
SUBCHAPTER K PROHIBITION OF CERTAIN CIGARETTE OR TOBACCO PRODUCT ADVERTISING; FEE
- Texas 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 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 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 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 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...
SUBCHAPTER L ABUSE, NEGLECT, AND UNPROFESSIONAL OR UNETHICAL CONDUCT IN HEALTH CARE FACILITIES
- Texas 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 Section 161.131 - Definitions
In this subchapter: (1) "Abuse" has the meaning assigned by the federal Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C. Section 10801...
- Texas 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 Section 161.133 - Inservice Training
(a) The executive commissioner by rule shall require each inpatient mental health facility, treatment facility, or hospital that provides comprehensive medical rehabilitation services to annually...
- Texas 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 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 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...
SUBCHAPTER M MEDICAL OR MENTAL HEALTH RECORDS
- Texas 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 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 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 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...
SUBCHAPTER N E-CIGARETTE AND TOBACCO USE BY MINORS
- Texas 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 Section 161.251 - Definitions
In this subchapter: (1) "Cigarette" has the meaning assigned by Section 154.001, Tax Code. (1-a) "E-cigarette" has the meaning assigned by Section 161.081. (2) "Tobacco...
- Texas Section 161.252 - Possession, Purchase, Consumption, Or Receipt Of Cigarettes, E-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 Section 161.253 - E-cigarette And 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 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 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 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...
SUBCHAPTER O PREVENTION OF TOBACCO AND E-CIGARETTE USE BY MINORS
- Texas 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, Sec. 3.01, eff. Jan....
- Texas Section 161.301 - Tobacco And E-cigarette Use Public Awareness Campaign
(a) The department shall develop and implement a public awareness campaign designed to reduce the use by minors in this state of tobacco and e-cigarettes...
SUBCHAPTER O-1 MENTAL HEALTH, SUBSTANCE ABUSE, AND YOUTH SUICIDE
- Texas 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 Section 161.325 - Mental Health Promotion And Intervention, Substance Abuse Prevention And Intervention, And Suicide Prevention
(a) The department, in coordination with the Texas Education Agency and regional education service centers, shall provide and annually update a list of recommended best...
SUBCHAPTER P DISCLOSURE OF INGREDIENTS IN CIGARETTES AND TOBACCO PRODUCTS
- Texas Section 161.326 - Immunity
This subchapter does not: (1) waive any immunity from liability of a school district or of district school officers or employees; (2) create any liability...
- Texas 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 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 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 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 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...
SUBCHAPTER Q INSTALLATION OF ASBESTOS
- Texas Section 161.356 - Compliance With Federal Law
A person is considered to have complied with this subchapter if the person complies with Subchapter IX of 21 U.S.C. Chapter 9 and rules adopted...
- Texas 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 Section 161.402 - Material Safety Data Sheet Required; Asbestos Installation Or Reinstallation Prohibited
The executive commissioner shall adopt rules designating the materials or replacement parts for which a person must obtain a material safety data sheet before installing...
- Texas 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 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 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 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...
SUBCHAPTER R DELIVERY SALES OF CIGARETTES AND E-CIGARETTES
- Texas 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 Section 161.451 - Definitions
In this subchapter: (1) "Delivery sale" means a sale of cigarettes or e-cigarettes to a consumer in this state in which the purchaser submits the...
- Texas Section 161.452 - Requirements For Delivery Sales
(a) A person may not make a delivery sale of cigarettes or e-cigarettes to an individual who is under the age prescribed by Section 161.082....
- Texas 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 Section 161.454 - Disclosure Requirements
(a) The notice required by Section 161.453(a)(3) for a delivery sale of cigarettes must include a prominent and clearly legible statement that: (1) cigarette sales...
- Texas 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 Section 161.456 - Registration And Reporting Requirements
(a) A person may not make a delivery sale or ship cigarettes or e-cigarettes in connection with a delivery sale unless the person first files...
- Texas 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 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 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 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 Section 161.461 - Forfeiture
(a) Cigarettes or e-cigarettes sold or that a person attempted to sell in a delivery sale that does not comply with this subchapter are forfeited...
SUBCHAPTER S ALLOCATION OF KIDNEYS AVAILABLE FOR TRANSPLANT
- Texas 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 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 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 Section 161.501 - Resource Pamphlet And Resource Guide Provided To Parents Of Newborn Children
(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 Section 161.502 - Duties Of Department, Executive Commissioner, And Commission
(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)...
SUBCHAPTER U INFORMATION REGARDING PROGRAMS FOR MILITARY PERSONNEL AND THEIR FAMILIES
- Texas Section 161.503 - Liability Not Created
This subchapter does not create civil or criminal liability. Redesignated from Health and Safety Code, Subchapter R, Chapter 161 and amended by Acts 2005, 79th...
- Texas Section 161.551 - Definitions
(a) In this subchapter, "servicemember" means a member or former member of the state military forces or a component of the United States armed forces,...
SUBCHAPTER V FEE ON CIGARETTES AND CIGARETTE TOBACCO PRODUCTS MANUFACTURED BY CERTAIN COMPANIES
- Texas Section 161.552 - Directory Of Services
(a) The department and commission shall compile, maintain, and disseminate through the Texas Information and Referral Network and through other appropriate media, a directory of...
- Texas Section 161.601 - Purpose
The purpose of this subchapter is to: (1) recover health care costs to the state imposed by non-settling manufacturers; (2) prevent non-settling manufacturers from undermining...
- Texas Section 161.602 - Definitions
In this subchapter: (1) "Brand family" means each style of cigarettes or cigarette tobacco products sold under the same trademark. The term includes any style...
- Texas Section 161.603 - Fee Imposed
(a) A fee is imposed on the sale, use, consumption, or distribution in this state of: (1) non-settling manufacturer cigarettes if a stamp is required...
- Texas Section 161.604 - Rate Of Fee
(a) For cigarettes or cigarette tobacco products sold, used, consumed, or distributed in this state, as provided by Section 161.603, during the 2013 calendar year,...
- Texas Section 161.605 - Distributor's Report And Payment Of Monthly Fee
(a) A distributor required to file a report under Section 154.210 or 155.111, Tax Code, shall, in addition to the information required by those sections,...
- Texas Section 161.606 - Report To Attorney General Before Offering Non-settling Manufacturer Cigarettes Or Cigarette Tobacco Products For Sale Or Distribution In This State
(a) If cigarettes or cigarette tobacco products of a non-settling manufacturer were not offered for sale or distribution in this state on September 1, 2013,...
- Texas Section 161.607 - Penalties For Noncompliance
Cigarettes and cigarette tobacco products of a non-settling manufacturer that are sold, used, consumed, or distributed in this state in violation of this subchapter, including...
- Texas Section 161.608 - Appointment Of Agent For Service Of Process
A non-settling manufacturer shall appoint and engage a resident agent for service of process. Added by Acts 2013, 83rd Leg., R.S., Ch. 1305 (H.B. 3536),...
- Texas Section 161.609 - Audit Or Inspection
The comptroller or attorney general is entitled to conduct reasonable periodic audits or inspections of the financial records of a non-settling manufacturer and its distributors...
- Texas Section 161.610 - Comptroller Information Sharing
On request, the comptroller shall report annually to the independent auditor or other entities responsible for making calculations or other determinations under a tobacco settlement...
- Texas Section 161.611 - Revenue Deposited In General Revenue Fund
The revenue from the fees imposed by this subchapter shall be deposited in the state treasury to the credit of the general revenue fund. Added...
- Texas Section 161.612 - Released Claims
All fees paid by a manufacturer under this subchapter shall apply on a dollar for dollar basis to reduce any judgment or settlement on a...
- Texas Section 161.613 - Application Of Subchapter
(a) This subchapter applies without regard to Section 154.022, Tax Code, or any other law that might be read to create an exemption for interstate...
SUBCHAPTER W INFORMATION REGARDING DOWN SYNDROME
- Texas Section 161.614 - Rules
The comptroller may issue rules and regulations as necessary to carry out or enforce this subchapter. Added by Acts 2013, 83rd Leg., R.S., Ch. 1305...
- Texas Section 161.651 - Definitions
In this subchapter: (1) "Down syndrome" means a chromosomal condition caused by the presence of an extra whole or partial copy of chromosome 21. (2)...
- Texas Section 161.652 - Information Regarding Down Syndrome
(a) The department shall make available information regarding Down syndrome that includes: (1) information addressing physical, developmental, educational, and psychosocial outcomes, life expectancy, clinical course,...
- Texas Section 161.653 - Duty Of Health Care Provider
(a) A health care provider who administers or causes to be administered a test for Down syndrome or who initially diagnoses a child with Down...