2005 Texas Health & Safety Code CHAPTER 103. TEXAS DIABETES COUNCIL

HEALTH & SAFETY CODE

CHAPTER 103. TEXAS DIABETES COUNCIL


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


	§ 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 Agency, the Texas Department of Human Services, the 
Texas Commission for the Blind, and the Texas Rehabilitation 
Commission.
	(b)  The governor, with the advice and consent of the senate, 
shall appoint the following citizen members:
		(1)  a licensed physician with a specialization in 
treating diabetes;       
		(2)  a registered nurse with a specialization in 
diabetes education and training;
		(3)  a registered and licensed dietitian with a 
specialization in the diabetes education field;
		(4)  a person with experience and training in public 
health policy;         
		(5)  three consumer members, with special 
consideration given to persons active in the Texas affiliates of 
the Juvenile Diabetes Foundation or the American Diabetes 
Association;  and
		(6)  four members from the general public with 
expertise or demonstrated commitment to diabetes issues.
	(b-1)  In making appointments under this section, the 
governor shall attempt to appoint members of different minority 
groups including females, African-Americans, Hispanic-Americans, 
Native Americans, and Asian-Americans.
	(c)  The chairman of the board of each agency listed in 
Subsection (a) shall appoint that agency's representative. Agency 
representatives shall be nonvoting members of the council.
	(d)  Appointments to the council shall be made without regard 
to the race, color, disability, creed, sex, religion, age, or 
national origin of the appointees.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1991, 72nd Leg., ch. 269, § 1, eff. Sept. 1, 1991;  Acts 
1997, 75th Leg., ch. 165, § 6.39, eff. Sept. 1, 1997;  Acts 1999, 
76th Leg., ch. 1411, § 12.01, eff. Sept. 1, 1999;  Acts 2003, 
78th Leg., ch. 1170, § 10.01, eff. Sept. 1, 2003.


	§ 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 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;                                                
		(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. 1411, § 12.03, eff. Sept. 1, 
1999.    


	§ 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 chapter, including 
information regarding a person's responsibilities under applicable 
laws relating to standards of conduct for state officers.

Added by Acts 1999, 76th Leg., ch. 1411, § 12.03, eff. Sept. 1, 
1999.    


	§ 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 or participates in the management 
of a business entity or other organization receiving funds at the 
council's direction; 
		(2)  owns or controls directly or indirectly more than 
a 10 percent interest in a business entity or other organization 
receiving funds at the council's direction;  or
		(3)  uses or receives a substantial amount of tangible 
goods, services, or funds from the department at the council's 
direction, other than compensation or reimbursement authorized by 
law for council membership, attendance, or expenses.
	(b)  A person who is required to register as a lobbyist under 
Chapter 305, Government Code, may not serve as a member of the 
council or act as the general counsel.
	(c)  An officer, employee, or paid consultant of a trade 
association in the field of health care may not be a member or 
employee of the council.  A person who is the spouse of an officer, 
employee, or paid consultant of a trade association in the field of 
health care may not be a member of the council and may not be an 
employee, including an employee exempt from the state's position 
classification plan, who is compensated at or above the amount 
prescribed by the General Appropriations Act for step 1, salary 
group 17, of the position classification salary schedule.
	(d)  For purposes of Subsection (c), a trade association is a 
nonprofit, cooperative, and voluntary association of business or 
professional competitors designed to assist its members and its 
industry or profession in dealing with mutual business or 
professional problems and in promoting their common interests.

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


	§ 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 odd-numbered 
year.
	(b)  A council member appointed as a representative of an 
agency serves at the will of the appointing agency.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1991, 72nd Leg., ch. 269, § 2, eff. Sept. 1, 1991;  Acts 
1997, 75th Leg., ch. 1285, § 3.01, eff. Sept. 1, 1997;  Acts 
2003, 78th Leg., ch. 1170, § 10.02, eff. Sept. 1, 2003.


	§ 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 governor.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1999, 76th Leg., ch. 1411, § 12.02, eff. Sept. 1, 1999.


	§ 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 of appointment as provided by Section 103.004(a); 
		(2)  is not eligible to serve on the council as provided 
by Section 103.004(a); 
		(3)  violates a prohibition established by Section 
103.004(b) or (c);       
		(4)  cannot discharge the member's duties for a 
substantial part of the term for which the member is appointed 
because of illness or disability;  or
		(5)  is absent from more than half of the regularly 
scheduled council meetings that the member is eligible to attend 
during each calendar year unless the absence is excused by majority 
vote of the council.
	(b)  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 member of 
the council exists.
	(c)  If the chairman of the council has knowledge that a 
potential ground for removal exists, the chairman shall notify the 
governor of its existence.
	(d)  The council shall inform its members as often as 
necessary of:          
		(1)  the qualifications for office prescribed by this 
chapter;  and         
		(2)  their responsibilities under applicable laws 
relating to standards of conduct for state officers or employees.

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


	§ 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 to replace the person as 
provided by Section 103.005.
	(b)  If the office of a member who is an agency 
representative becomes vacant, the chairman of the board of that 
agency shall appoint an agency representative to serve for the 
remainder of that member's term.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1997, 75th Leg., ch. 1285, § 3.02, eff. Sept. 1, 1997.


	§ 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 provided for state employees in the General 
Appropriations Act.
	(b)  Funds for travel reimbursement shall be appropriated to 
the department. 

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


	§ 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 advisory 
committee.

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


	§ 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 staff of the department.

Added by Acts 1999, 76th Leg., ch. 1411, § 12.04, eff. Sept. 1, 
1999.    


	§ 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 the purpose and duties of each 
advisory committee and shall specify any product the committee is 
required to develop.
	(c)  Members of an advisory committee serve at the will of 
the council.  The council may dissolve an advisory committee when 
necessary.

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


	§ 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 must be approved by a 
majority of the voting members present.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1991, 72nd Leg., ch. 269, § 3, eff. Sept. 1, 1991.


	§ 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 by the 
agencies affected;         
		(2)  incentives are offered for private sources to 
maintain present commitments and to assist in developing new 
programs;  and
		(3)  a procedure for review of individual complaints 
about services provided under this chapter is implemented.
	(b)  The state plan may include provisions to ensure that:                     
		(1)  individual and family needs are assessed statewide 
and all available resources are coordinated to meet those needs;  
and
		(2)  health care provider needs are assessed statewide 
and strategies are developed to meet those needs.
	(c)  The council shall make written recommendations for 
performing its duties under this chapter to the board and the 
legislature.  If the council considers a recommendation that will 
affect an agency not represented on the council, the council shall 
seek the advice and assistance of the agency before taking action on 
the recommendation.  The council's recommendations shall be 
implemented by the agencies affected by the recommendations.
	(d)  The council shall submit the state plan to the state 
agency designated as the state health planning and development 
agency not later than November 1 of each odd-numbered year.
	(e)  Each state agency affected by the state plan shall:                       
		(1)  determine what resources would be required to 
implement the portions of the state plan affecting that agency;  and
		(2)  determine whether that agency will seek funds to 
implement that portion of the state plan.
	(f)  Not later than November 1 of each even-numbered year, 
each state agency affected by the state plan shall report to the 
council, the Legislative Budget Board, and the Governor's Office of 
Budget and Planning:
		(1)  information determined under Subsection (e);  and                        
		(2)  each deviation from the council's proposed plan, 
including an explanation for the deviation.

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


	§ 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;                                
		(3)  personnel preparation and continuing education;                          
		(4)  state expenditures for treatment of chronic 
diseases;                  
		(5)  screening services;  and                                                 
		(6)  public awareness.                                                        
	(b)  The council shall advise the legislature on legislation 
that is needed to develop further and maintain a statewide system of 
quality education services for all persons with diabetes.  The 
council may develop and submit legislation to the legislature or 
comment on pending legislation that affects persons with diabetes.
	(c)  The council may:                                                          
		(1)  compile and publish regional directories of 
services for persons with diabetes; 
		(2)  design or adapt and publish a handbook in English 
and Spanish relating to diet, exercise, and other self-care 
management skills for persons with diabetes; 
		(3)  study the feasibility of a statewide hotline for 
persons with diabetes;  and
		(4)  study the standards and structure of pilot 
programs to provide diabetes education and training in this state.
	(d)  The council may engage in studies that it determines are 
necessary or suitable under the state plan as provided by this 
chapter.
	(e)  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 concerning the 
allocation of funds.

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


	§ 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 the gifts on 
behalf of the council and shall deposit any funds accepted under 
this section to the credit of a special account in the general 
revenue fund.
	(b)  The department may retain five percent of any monetary 
gifts accepted on behalf of the council to cover its costs in 
administering this section.

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


	§ 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 and resolved 
by the council.  The council shall make the information available to 
the general public and appropriate state agencies.
	(b)  The council by rule shall establish methods by which 
consumers or service recipients are notified of the name, mailing 
address, and telephone number of the council for the purpose of 
directing complaints to the council.
	(c)  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.                    


	§ 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 work with the council to 
jointly develop, produce, and implement a general public awareness 
strategy focusing on diabetes, its complications, and techniques 
for achieving good management.  Each agency shall pay for the costs 
of producing and disseminating information on diabetes to clients 
served by that agency.
	(b)  The strategy developed under Subsection (a) must 
include a plan under which the council provides public awareness 
information through businesses, civic organizations, and similar 
entities.
	(c)  The department, the Texas Commission for the Blind, the 
Texas Rehabilitation Commission, the Texas Department of Human 
Services, and the Texas Education Agency may jointly develop and 
implement a statewide plan for conducting regional training 
sessions for public and private service providers, including 
institutional health care providers, who have routine contact with 
persons with diabetes.
	(d)  The council must approve the strategies and plans 
developed under this section.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1997, 75th Leg., ch. 165, § 6.40, eff. Sept. 1, 1997;  
Acts 1997, 75th Leg., ch. 1285, § 4.01, eff. Sept. 1, 1997.


	§ 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 parents of students 
by health clinics at public primary or secondary schools.

Added by Acts 1997, 75th Leg., ch. 1285, § 4.01, eff. Sept. 1, 
1997.     


	§ 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 for all funds received and disbursed by or for the 
council during the preceding fiscal year.  The form of the annual 
report and the reporting time are as provided by the General 
Appropriations Act.

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


	§ 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 Leg., ch. 678, § 1, eff. Sept. 1, 1989.  Amended 
by Acts 1991, 72nd Leg., ch. 14, § 39, eff. Sept. 1, 1991.