2009 Texas Code
HEALTH AND SAFETY CODE
TITLE 2. HEALTH
CHAPTER 93. PREVENTION OF CARDIOVASCULAR DISEASE AND STROKE  

HEALTH AND SAFETY CODE

TITLE 2. HEALTH

SUBTITLE D. PREVENTION, CONTROL, AND REPORTS OF DISEASES

CHAPTER 93. PREVENTION OF CARDIOVASCULAR DISEASE AND STROKE

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 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 interactions between multiple inherited traits and

environmental factors.

(2) "Council" means the Council on Cardiovascular Disease and

Stroke.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept.

1, 1999.

Sec. 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 the senate, as follows:

(A) a licensed physician with a specialization in cardiology;

(B) a licensed physician with a specialization in neurology to

treat stroke;

(C) a licensed physician employed in a primary care setting;

(D) a registered nurse with a specialization in quality

improvement practices for cardiovascular disease and stroke;

(E) a registered and licensed dietitian;

(F) two persons with experience and training in public health

policy, research, or practice;

(G) two consumer members, with special consideration given to

persons actively participating in the Texas affiliates of the

American Heart Association or American Stroke Association,

managed care, or hospital or rehabilitation settings; and

(H) two members from the general public that have or care for

persons with cardiovascular disease or stroke; and

(2) one nonvoting member representing each of the state agencies

that oversee:

(A) health services;

(B) education;

(C) assistive and rehabilitative services; and

(D) aging and disability services.

(b) In appointing public members under Subsection (a)(1), the

governor shall attempt to appoint female members and members of

different minority groups, including African Americans, Hispanic

Americans, Native Americans, and Asian Americans.

(c) The head of each agency overseeing services listed in

Subsection (a)(2) shall appoint the agency's representative

nonvoting member.

(d) Public members of the council serve staggered six-year

terms, with the terms of three or four of the public members

expiring February 1 of each odd-numbered year. A nonvoting

member representing a state agency serves at the will of the

appointing agency.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept.

1, 1999. Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 6.01,

eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

732, Sec. 1, eff. September 1, 2005.

Sec. 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

council at the same rate provided for state employees in the

General Appropriations Act, provided funds are appropriated to

the department for this purpose.

(b) If funds are not appropriated to support reimbursement of

travel expenses, the commissioner may authorize reimbursement of

the travel expenses incurred by a member while conducting the

business of the council, as provided in the General

Appropriations Act, if the commissioner finds on application of

the member that travel for council business imposes a financial

hardship on the member.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept.

1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

732, Sec. 2, eff. September 1, 2005.

Sec. 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 concerning the allocation of

funds.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept.

1, 1999.

Sec. 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 the council; or

(2) advisory committees under Chapter 2110, Government Code.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept.

1, 1999.

Sec. 93.006. REPORT TO LEGISLATURE. (a) Repealed by Acts 2005,

79th Leg., Ch. 732, Sec. 7, eff. September 1, 2005.

(b) Not later than January 15 of each year, the council shall

report to the governor, the lieutenant governor, and the speaker

of the house of representatives on the activities of the council,

accounting for all funds received and disbursed by or for the

council during the preceding fiscal year.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept.

1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

732, Sec. 3, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

732, Sec. 4, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

732, Sec. 7, eff. September 1, 2005.

Sec. 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 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 of the council.

(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 A17, 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.

Added by Acts 2005, 79th Leg., Ch.

732, Sec. 5, eff. September 1, 2005.

Sec. 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

of appointment as provided by Section 93.007(a);

(2) is not eligible to serve on the council as provided by

Section 93.007(a);

(3) violates a prohibition established by Section 93.007(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 a 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 presiding officer of the council knows that a

potential ground for removal exists, the presiding officer 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) the responsibilities under applicable laws relating to

standards of conduct for state officers or employees.

Added by Acts 2005, 79th Leg., Ch.

732, Sec. 5, eff. September 1, 2005.

Sec. 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 the governor.

Added by Acts 2005, 79th Leg., Ch.

732, Sec. 5, eff. September 1, 2005.

Sec. 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 an advisory committee.

Added by Acts 2005, 79th Leg., Ch.

732, Sec. 5, eff. September 1, 2005.

Sec. 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 of

the department.

Added by Acts 2005, 79th Leg., Ch.

732, Sec. 5, eff. September 1, 2005.

Sec. 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 must be approved by a

majority of the voting members present.

Added by Acts 2005, 79th Leg., Ch.

732, Sec. 5, eff. September 1, 2005.

Sec. 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 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 as required by Section 93.014.

(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.

Added by Acts 2005, 79th Leg., Ch.

732, Sec. 5, eff. September 1, 2005.

Sec. 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

credit of the heart disease and stroke resource fund only to the

council for:

(1) heart disease and stroke prevention, research, and medical

care for heart attack and stroke victims; and

(2) grants to nonprofit heart disease and stroke organizations.

(c) The council shall develop a policy governing the award of

funds for clinical research that follows scientific peer review

guidelines for primary and secondary prevention of heart disease

or stroke 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 heart disease and

stroke resource fund shall be deposited to the credit of the

fund.

Added by Acts 2005, 79th Leg., Ch.

732, Sec. 5, eff. September 1, 2005.

SUBCHAPTER B. POWERS AND DUTIES OF COUNCIL

Sec. 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

state. The council shall:

(1) conduct health education, public awareness, and community

outreach activities that relate to primary and secondary

prevention of cardiovascular disease and stroke;

(2) promote, enhance, and coordinate health education, public

awareness, and community outreach activities that relate to

primary and secondary prevention of cardiovascular disease and

stroke and that are provided by private and other public

organizations;

(3) coordinate activities with other entities that are concerned

with medical conditions that are similar to cardiovascular

disease and stroke or that have similar risk factors;

(4) identify to health care providers, employers, schools,

community health centers, and other groups the benefits of

encouraging treatment, primary and secondary prevention, and

public awareness of cardiovascular disease and stroke and

recognize innovative and effective programs that achieve the

objectives of improved treatment, prevention, and public

awareness;

(5) provide guidance regarding the roles and responsibilities of

government agencies, health care providers, employers,

third-party payers, patients, and families of patients in the

treatment, primary and secondary prevention, and public awareness

of cardiovascular disease and stroke;

(6) improve access to treatment for and primary and secondary

prevention of cardiovascular disease and stroke through public

awareness programs, including access for uninsured individuals

and individuals living in rural or underserved areas;

(7) assist communities to develop comprehensive local

cardiovascular disease and stroke prevention programs;

(8) assist the Texas Education Agency and local school districts

to promote a public school curriculum that includes physical,

nutritional, and health education relating to cardiovascular

disease and stroke prevention;

(9) establish appropriate forums, programs, or initiatives

designed to educate the public regarding the impact of heart

disease and stroke on women's health, with an emphasis on

preventive health and healthy lifestyles; and

(10) evaluate and enhance the implementation and effectiveness

of the program developed under this chapter.

(b) The council shall make written recommendations for

performing its duties under this chapter to the department and

the legislature.

(c) 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 cardiovascular

disease or stroke. The council may develop and submit

legislation to the legislature or comment on pending legislation

that affects persons with cardiovascular disease and stroke.

(d) The council shall collaborate with the Governor's EMS and

Trauma Advisory Council, the American Stroke Association, and

other stroke experts to make recommendations to the department

for rules on the recognition and rapid transportation of stroke

patients to health care facilities capable of treating strokes 24

hours a day and recording stroke patient outcomes.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept.

1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

732, Sec. 6, eff. September 1, 2005.

Sec. 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 who have suffered from or are at

risk for stroke. The council shall make the database accessible

to the public.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept.

1, 1999.

Sec. 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, at the local level. The council

shall obtain the information from federal and state agencies and

from private and public organizations. The council shall maintain

a database of this information.

(b) The database may include:

(1) information related to behavioral risk factors identified

for cardiovascular disease and stroke;

(2) morbidity and mortality rates for cardiovascular disease and

stroke; and

(3) community indicators relevant to cardiovascular disease and

stroke.

(c) In compiling the database, the council may use information

available from other sources, such as the Behavioral Risk Factor

Surveillance System established by the Centers for Disease

Control and Prevention, reports of hospital discharge data, and

information included in death certificates.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept.

1, 1999.

Sec. 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 the restriction imposed by

Subsection (b), information provided to the council under this

subsection is subject to any restriction on disclosure or use of

the information that is imposed by law on the agency from which

the council obtained the information.

(b) Information in the possession of the council that identifies

a patient or that is otherwise confidential under law is

confidential, is excepted from required public disclosure under

Chapter 552, Government Code, and may not be disclosed for any

purpose.

Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept.

1, 1999.