2005 Texas Health & Safety Code CHAPTER 102. TEXAS CANCER COUNCIL

HEALTH & SAFETY CODE

CHAPTER 102. TEXAS CANCER COUNCIL


	§ 102.001. DEFINITION.  In this chapter, "council" means 
the Texas Cancer Council.

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


	§ 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, 1989.  Amended 
by Acts 1991, 72nd Leg., 1st C.S., ch. 15, § 5.06, eff. Sept. 1, 
1991;  Acts 1999, 76th Leg., ch. 36, § 1, eff. Sept. 1, 1999.


	§ 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 is 
abolished and this chapter expires September 1, 2009.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1991, 72nd Leg., 1st C.S., ch. 17, § 4.24, eff. Nov. 12, 
1991;  Acts 1999, 76th Leg., ch. 36, § 1, eff. Sept. 1, 1999;  
Acts 2005, 79th Leg., ch. 1227, § 2.02, eff. Sept. 1, 2005.


	§ 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 an ex 
officio nonvoting member;
		(2)  one physician active in the treatment of cancer, 
appointed by the governor;
		(3)  one physician active in the treatment of cancer, 
appointed by the lieutenant governor;
		(4)  one physician active in the treatment of cancer, 
appointed by the speaker of the house of representatives;
		(5)  one representative of a voluntary health 
organization interested in cancer, appointed by the governor;
		(6)  one representative of a voluntary health 
organization interested in cancer, appointed by the lieutenant 
governor;
		(7)  one representative of a voluntary health 
organization interested in cancer, appointed by the speaker of the 
house of representatives;
		(8)  one representative of a licensed health care 
facility that treats a significant number of cancer patients, 
appointed by the governor;
		(9)  one representative of a licensed health care 
facility that treats a significant number of cancer patients, 
appointed by the lieutenant governor;
		(10)  one representative of a licensed health care 
facility that treats a significant number of cancer patients, 
appointed by the speaker of the house of representatives;
		(11)  one member of the public, appointed by the 
governor;                  
		(12)  one member of the public, appointed by the 
lieutenant governor;       
		(13)  one member of the public, appointed by the 
speaker of the house of representatives;
		(14)  one licensed health care professional active in 
the treatment or control of cancer, other than a physician, 
appointed by the governor;
		(15)  one licensed health care professional active in 
the treatment or control of cancer, other than a physician, 
appointed by the lieutenant governor;  and
		(16)  one licensed health care professional active in 
the treatment or control of cancer, other than a physician, 
appointed by the speaker of the house of representatives.
	(b)  In making appointments to the council, the governor, 
lieutenant governor, and speaker of the house of representatives 
should attempt to include cancer survivors and family members of 
cancer patients if possible.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1991, 72nd Leg., 1st C.S., ch. 15, § 5.07, eff. Sept. 1, 
1991;  Acts 1999, 76th Leg., ch. 36, § 1, eff. Sept. 1, 1999.


	§ 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 its 
members and its industry or profession in dealing with mutual 
business or professional problems and in promoting their common 
interest.  The term does not include a voluntary health 
organization.
	(b)  A person may not be a public member of the council if the 
person or the person's spouse:
		(1)  is employed by or participates in the management 
of a business entity or other organization receiving money from the 
council;
		(2)  owns or controls, directly or indirectly, more 
than a 10 percent interest in a business entity or other 
organization receiving money from the council;  or
		(3)  uses or receives a substantial amount of tangible 
goods, services, or money from the council, other than compensation 
or reimbursement authorized by law for council membership, 
attendance, or expenses.
	(c)  A person may not be a member of the council and may not 
be a council employee employed in a "bona fide executive, 
administrative, or professional capacity," as that phrase is used 
for purposes of establishing an exemption to the overtime 
provisions of the federal Fair Labor Standards Act of 1938 (29 
U.S.C. Section 201 et seq.) and its subsequent amendments if:
		(1)  the person is an officer, employee, or paid 
consultant of a Texas trade association in the field of cancer 
control;  or
		(2)  the person's spouse is an officer, manager, or paid 
consultant of a Texas trade association in the field of cancer 
control.
	(d)  A person may not be a member of the council or act as the 
general counsel to the council or the council's staff if the person 
is required to register as a lobbyist under Chapter 305, Government 
Code, because of the person's activities for compensation on behalf 
of a profession related to the operation of the council.
	(e)  Appointments to the council shall be made without regard 
to the race, color, disability, sex, religion, age, or national 
origin of the appointees.
	(f)  It is a ground for removal from the council that a 
member:              
		(1)  does not have at the time of taking office the 
qualifications required by Section 102.004;
		(2)  does not maintain during service on the council 
the qualifications required by Section 102.004;
		(3)  is ineligible for membership under Subsections 
(b)-(d);                
		(4)  cannot, because of illness or disability, 
discharge the member's duties for a substantial part of the member's 
term;  or
		(5)  is absent from more than half of the regularly 
scheduled council meetings that the member is eligible to attend 
during a calendar year without an excuse approved by a majority vote 
of the council.
	(g)  The validity of an action of the council is not affected 
by the fact that it is taken when a ground for removal of a council 
member exists.
	(h)  If the executive director has knowledge that a potential 
ground for removal exists, the executive director shall notify the 
presiding officer of the council of the potential ground.  The 
presiding officer shall then notify the appointing authority and 
the attorney general that a potential ground for removal exists.  If 
the potential ground for removal involves the presiding officer, 
the executive director shall notify the next highest ranking 
officer of the council, who shall then notify the appointing 
authority and the attorney general that a potential ground for 
removal exists.

Added by Acts 1991, 72nd Leg., 1st C.S., ch. 15, § 5.08, eff. 
Sept. 1, 1991.  Amended by Acts 1999, 76th Leg., ch. 36, § 1, eff. 
Sept. 1, 1999.


	§ 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 1 of each 
even-numbered year.
	(b)  If a vacancy occurs, the appropriate appointing 
authority shall appoint, in the same manner as the original 
appointment, a person to serve for the remainder of the unexpired 
term.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1999, 76th Leg., ch. 36, § 2, eff. Sept. 1, 1999.


	§ 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 that capacity at the 
pleasure of the governor.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1991, 72nd Leg., 1st C.S., ch. 15, § 5.09, eff. Sept. 1, 
1991;  Acts 1999, 76th Leg., ch. 36, § 3, eff. Sept. 1, 1999.


	§ 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 
duties.
	(b)  A member of the legislature shall be reimbursed from the 
appropriate fund of the legislature.  A representative of a state 
agency shall be reimbursed from the funds of the agency the person 
represents.  Other members shall be reimbursed from council funds.

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


	§ 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 a reasonable opportunity to appear before 
the council and to speak on any issue under the jurisdiction of the 
council.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1999, 76th Leg., ch. 36, § 3, eff. Sept. 1, 1999.


	§ 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 the development and coordination of 
effective and efficient statewide public and private policies, 
programs, and services related to cancer;  and
		(4)  encourage cooperative, comprehensive, and 
complementary planning among the public, private, and volunteer 
sectors involved in cancer research, prevention, detection, and 
treatment.
	(b)  The council may:                                                          
		(1)  employ an executive director;                                            
		(2)  appoint advisory committees necessary to 
implement the Texas Cancer Plan and employ necessary staff to 
provide administrative support;
		(3)  monitor contracts and agreements for cancer 
programs authorized by this chapter;
		(4)  conduct necessary studies and surveys;                                   
		(5)  accept, transfer, and spend funds made available 
by the federal or state government or by any other public or private 
source, subject to limitations and conditions prescribed by 
legislative appropriation;  and
		(6)  use the existing staff of an appointed official or 
agency to assist the council in performing its duties under this 
chapter.
	(c)  The Texas Cancer Council and/or its contracted projects 
shall maintain for physicians a listing of available continuing 
medical education courses in pain treatment offered by accredited 
Texas medical and osteopathic schools, hospitals, health care 
facilities, or professional societies or associations for 
physicians.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1991, 72nd Leg., ch. 627, § 13, eff. Sept. 1, 1991;  Acts 
1991, 72nd Leg., 1st C.S., ch. 15, § 5.10, eff. Sept. 1, 1991;  
Acts 1995, 74th Leg., ch. 174, § 2, eff. Sept. 1, 1995;  Acts 
1999, 76th Leg., ch. 36, § 4, eff. Sept. 1, 1999.


	§ 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 Plan.
	(b)  The council shall adopt rules governing the submission 
and approval of grant requests and the cancellation of grants.
	(c)  To receive a grant, a person whose grant request is 
approved must execute an interagency agreement or a contract with 
the council.  The contract must require the person receiving the 
grant to perform the services as stated in the approved grant 
request.  The contract must contain appropriate provisions for 
program and fiscal monitoring.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1991, 72nd Leg., 1st C.S., ch. 15, § 5.11, eff. Sept. 1, 
1991.


	§ 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 the requirements for office or employment 
under this chapter, including information regarding a person's 
responsibilities under applicable laws relating to standards of 
conduct for state officers or employees.

Added by Acts 1999, 76th Leg., ch. 36, § 5, eff. Sept. 1, 1999.            


	§ 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 cancer resource fund only to the council for cancer 
prevention, cancer research, and medical care for cancer victims.
	(c)  The council shall develop a policy governing the award 
of funds for clinical research that follows scientific peer review 
and approval by the National Cancer Institute of the National 
Institutes of Health or that follows other review procedures that 
are designed to distribute those funds on the basis of scientific 
merit.
	(d)  Interest earned from the investment of the cancer 
resource fund shall be deposited to the credit of the fund.

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


	§ 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 a member in attendance at a meeting of 
the council until the person completes a training program that 
complies with this section.
	(b)  The training program must provide the person with 
information regarding:
		(1)  the legislation that created the council;                                
		(2)  the programs operated by the council;                                    
		(3)  the role and functions of the council;                                   
		(4)  the rules of the council, with an emphasis on the 
rules that relate to disciplinary and investigatory authority;
		(5)  the current budget for the council;                                      
		(6)  the results of the most recent formal audit of the 
council;            
		(7)  the requirements of:                                                     
			(A)  the open meetings law, Chapter 551, 
Government Code;                  
			(B)  the public information law, Chapter 552, 
Government Code;             
			(C)  the administrative procedure law, Chapter 
2001, Government Code;  and 
			(D)  other laws relating to public officials, 
including conflict of interest laws;  and
		(8)  any applicable ethics policies adopted by the 
council or the Texas Ethics Commission.
	(c)  A person appointed to the council is entitled to 
reimbursement, as provided by the General Appropriations Act, for 
the travel expenses incurred in attending the training program 
regardless of whether the attendance at the program occurs before 
or after the person qualifies for office.

Added by Acts 1999, 76th Leg., ch. 36, § 5, eff. Sept. 1, 1999.            


	§ 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 the staff of the 
council.

Added by Acts 1999, 76th Leg., ch. 36, § 5, eff. Sept. 1, 1999.            


	§ 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 who filed the complaint;                          
		(2)  the date the complaint is received by the council;                       
		(3)  the subject matter of the complaint;                                     
		(4)  the name of each person contacted in relation to 
the complaint;        
		(5)  a summary of the results of the review or 
investigation of the complaint;  and
		(6)  an explanation of the reason the file was closed, 
if the council closed the file without taking action other than to 
investigate the complaint.
	(b)  The council shall provide to the person filing the 
complaint and to each person who is a subject of the complaint a 
copy of the council's policies and procedures relating to complaint 
investigation and resolution.
	(c)  The council, at least quarterly until final disposition 
of the complaint, shall notify the person filing the complaint and 
each person who is a subject of the complaint of the status of the 
investigation unless the notice would jeopardize an undercover 
investigation.

Added by Acts 1999, 76th Leg., ch. 36, § 5, eff. Sept. 1, 1999.            


	§ 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 to ensure that all 
personnel decisions are made without regard to race, color, 
disability, sex, religion, age, or national origin.
	(b)  The policy statement must include:                                        
		(1)  personnel policies, including policies relating 
to recruitment, evaluation, selection, training, and promotion of 
personnel, that show the intent of the council to avoid the unlawful 
employment practices described by Chapter 21, Labor Code;  and
		(2)  an analysis of the extent to which the composition 
of the council's personnel is in accordance with state and federal 
law and a description of reasonable methods to achieve compliance 
with state and federal law.
	(c)  The policy statement must:                                                
		(1)  be updated annually;                                                     
		(2)  be reviewed by the state Commission on Human 
Rights for compliance with Subsection (b)(1);  and
		(3)  be filed with the governor's office.                                     

Added by Acts 1999, 76th Leg., ch. 36, § 5, eff. Sept. 1, 1999.            


	§ 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 credit of the account under 
Section 502.2735, Transportation Code;  and
		(2)  gifts, grants, and donations.                                            
	(b)  The council administers the account.  The council may 
spend money credited to the account only to:
		(1)  make grants to nonprofit organizations that 
provide support services for cancer patients and their families;  
and
		(2)  defray the cost of administering the account.                            
	(c)  The council:                                                              
		(1)  may accept gifts, donations, and grants from any 
source for the benefit of the account;  and
		(2)  by rule shall establish guidelines for spending 
money credited to the account.

Added by Acts 2001, 77th Leg., ch. 869, § 3(b), eff. June 14, 
2001.      


	§ 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 expenditure of money credited to the Texans Conquer Cancer 
account;  and
		(2)  review and make recommendations to the council on 
applications submitted to the council for grants funded with money 
credited to the Texans Conquer Cancer account.
	(c)  Members of the committee serve without compensation and 
are not entitled to reimbursement for expenses.  Each member serves 
a term of four years, with the terms of three or four members 
expiring on January 31 of each odd-numbered year.
	(d)  Section 2110.008, Government Code, does not apply to the 
committee.     

Added by Acts 2001, 77th Leg., ch. 869, § 3(b), eff. June 14, 
2001.