reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter A. General Powers and Duties › Section 12.002. Certain Procedures for Investigations

Sec. 12.002.  CERTAIN PROCEDURES FOR INVESTIGATIONS.  (a)  The commissioner or the commissioner's designee may administer oaths, summon witnesses, and compel the attendance of witnesses in any matter proper for investigation by the department, subject to the executive commissioner's oversight, including the determination of nuisances and the investigation of:
(1)  public water supplies;
(2)  sanitary conditions;
(3)  the existence of infection; or
(4)  any matter that requires the department to exercise its discretionary powers and that is within the general scope of its authority under this subchapter.
(b)  Each district court shall aid the department in its investigations and in compelling compliance with this subchapter.  If a witness summoned by the commissioner or the commissioner's designee is disobedient or disrespectful to the department's lawful authority, the district court of the county in which the witness is summoned to appear shall punish the witness in the manner provided for contempt of court.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0010, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter A. General Powers and Duties › Section 12.003. Legal Representation

Sec. 12.003.  LEGAL REPRESENTATION.  (a)  A suit brought by the department must be brought in the name of the state.
(b)  The attorney general shall assign a special assistant to attend to the department's legal matters, and on the department's request shall furnish necessary assistance to the department relating to its legal requirements.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0010, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter B. Powers and Duties of Department › Section 12.011. Appropriations, Grants, and Donations

Sec. 12.011.  APPROPRIATIONS, GRANTS, AND DONATIONS.  (a)  To carry out its duties and functions, the department may apply for, contract for, receive, and spend an appropriation or grant from the state, the federal government, or any other public source, subject to any limitation or condition prescribed by legislative appropriation.
(b)  The department may accept donations and contributions to be spent in the interest of public health and the enforcement of public health laws.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter B. Powers and Duties of Department › Section 12.0111. Licensing Fees

Sec. 12.0111.  LICENSING FEES.  (a)  This section applies in relation to each licensing program administered by the department or administered by a regulatory board or other agency that is under the jurisdiction of the department or administratively attached to the department.  In this section and Section 12.0112, "license" includes a permit, certificate, or registration.
(b)  Notwithstanding other law, the executive commissioner by rule shall adopt and the department shall collect a fee for issuing or renewing a license that is in an amount designed to allow the department to recover from its license holders all of the department's direct and indirect costs in administering and enforcing the applicable licensing program.
(c)  Notwithstanding other law, each regulatory board or other agency that is under the jurisdiction of the department or administratively attached to the department and that issues licenses shall adopt by rule and collect a fee for issuing or renewing a license that is in an amount designed to allow the department and the regulatory board or agency to recover from the license holders all of the direct and indirect costs to the department and to the regulatory board or agency in administering and enforcing the applicable licensing program.
(d)  This section does not apply to:
(1)  a person regulated under Chapter 773; or
(2)  a license or registration under Chapter 401.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.42(a), eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1061 (H.B. 2285), Sec. 1, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0011, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter B. Powers and Duties of Department › Section 12.0112. Term of License

Sec. 12.0112.  TERM OF LICENSE.  (a)  Notwithstanding other law and except as provided by Subsection (b), the term of each license issued by the department, or by a regulatory board or other agency that is under the jurisdiction of the department or administratively attached to the department, is two years.  The department, regulatory board, or agency may provide for staggering the issuance and renewal of licenses.
(b)  This section does not apply to:
(1)  a license issued for a youth camp under Chapter 141;
(2)  a food manager certificate issued under Subchapter G, Chapter 438; or
(3)  a license or registration under Chapter 401.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.42(a), eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 42 (H.B. 1064), Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1061 (H.B. 2285), Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 12.001, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter B. Powers and Duties of Department › Section 12.012. Awarding Contracts or Grants and Selecting Service Providers

Sec. 12.012.  AWARDING CONTRACTS OR GRANTS AND SELECTING SERVICE PROVIDERS.  (a)  In awarding contracts or grants for services, or in selecting service providers under any program administered by the department, the department shall give preference to providers who can deliver appropriate services of similar quality in the most cost-effective manner.
(b)  In awarding the contracts or grants or selecting the providers, the department may not discriminate among licensed health care providers who can provide the services under the authority of their licenses.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter B. Powers and Duties of Department › Section 12.0121. Contracting for Professional Services

Sec. 12.0121.  CONTRACTING FOR PROFESSIONAL SERVICES.  (a)  In this section, "professional services" means those services performed by an individual who is licensed, certified, registered, or otherwise authorized by the state and who acts within the scope of the individual's license, certification, registration, or other authorization in the practice of a health or allied health profession.
(b)  The executive commissioner by rule shall adopt a list of categories of licensed, certified, registered, or otherwise authorized providers to whom the department may award a grant for professional services under this section or with whom the department may contract or otherwise engage to perform professional services under this section.
(c)  The department may award a grant, enter into a contract, or otherwise engage an individual or a group or association of individuals to perform professional services selected on the basis of competitive proposals submitted for the grant, contract, or services to be performed.  The department may also make the selection on the basis of:
(1)  demonstrated competence and qualifications for the type of professional services to be performed;  and
(2)  whether the fees for the professional services to be performed are fair, reasonable, and consistent with and not higher than the usual and customary fees for the services to be performed and do not exceed any maximum provided by state law.
(d)  The department may award a grant, enter into a contract, or otherwise engage an individual or a group or association of individuals to perform professional services without complying with Subsection (c) if the executive commissioner by order determines that an emergency exists that necessitates the use of different procedures.  A grant, contract, or engagement under this subsection is effective only for the period specified by the executive commissioner's order.
Added by Acts 1991, 72nd Leg., ch. 284, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0013, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter B. Powers and Duties of Department › Section 12.0122. Sale of Laboratory Services

Sec. 12.0122.  SALE OF LABORATORY SERVICES.  (a)  The department may enter into a contract for the sale and provision of laboratory services in accordance with this section.
(b)  The department may enter into a contract with:
(1)  a federal, state, or local governmental entity;  or
(2)  a freestanding public health clinic owned or controlled by a nonprofit organization.
(c)  For purposes of Subsection (b)(1), a contract with a federal governmental entity does not include a contract relating to Medicare managed care services.
(d)  The executive commissioner by rule may establish fees that the department may collect for the sale of laboratory services.
(e)  The department may enter into a contract with a party in or outside of this state.
(f)  In this section, "laboratory services" means the activities performed by the laboratory established by the department.  The term includes the provision of supplies and test materials and the performance of scientific procedures to analyze or assess specimens from any source, but does not include tissue and cytology specimens, except for pap smears for recipients under federally funded programs or genetic testing.
Added by Acts 1997, 75th Leg., ch. 647, Sec. 1, eff. June 11, 1997.  Renumbered from Sec. 12.020 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(62), eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0014, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter B. Powers and Duties of Department › Section 12.0125. Drug Rebates

Sec. 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 Care Program or the Children with Special Health Care Needs Services Program for which rebates are not available under the Medicaid drug manufacturer rebate program.
(b)  The department shall consult with drug manufacturers to develop rebate amounts for the new voluntary rebate program.  The average percentage savings from rebates in the new program may not be less than the average percentage savings from rebates in the Medicaid drug manufacturer rebate program.
(c)  Amounts received by the department under the drug rebate program established under this section may be appropriated only for the Kidney Health Care Program or the Children with Special Health Care Needs Services Program.
Added by Acts 1999, 76th Leg., ch. 669, Sec. 2, eff. June 18, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0018, eff. April 2, 2015.
Sec. 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 of the foreign country residence requirement for a qualified alien physician who agrees to practice medicine in a medically underserved area or health professional shortage area, as designated by the United States Department of Health and Human Services, that has a current shortage of physicians.
(b)  The department may charge a fee to cover the costs incurred by the department in administering the visa waiver program established under this section.
(c)  To the extent allowed by federal law, the department shall provide an equal opportunity to request a waiver of the foreign country residence requirement for an individual described by Subsection (a) who agrees to practice medicine in:
(1)  an area that the department determines is affected by an ongoing exposure to a disease that is designated as reportable under Section 81.048;
(2)  a medically underserved area; or
(3)  a health professional shortage area.
Added by Acts 2003, 78th Leg., ch. 143, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1278 (S.B. 1574), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter B. Powers and Duties of Department › Section 12.0128. Health Alert Network

Sec. 12.0128.  HEALTH ALERT NETWORK.  The department shall include local health officials, the Texas Association of Community Health Centers, and the Texas Organization of Rural and Community Hospitals in the department's Texas Health Alert Network to the extent federal funds for bioterrorism preparedness are available for that purpose.
Added by Acts 2005, 79th Leg., Ch. 1337 (S.B. 9), Sec. 17, eff. June 18, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0019, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter B. Powers and Duties of Department › Section 12.013. Driving and Traffic Policies

Sec. 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 differentiation between drivers who are ill or intoxicated;  and
(3)  accident investigation, including examination for alcohol or drugs in the bodies of persons killed in traffic accidents.
(b)  Based on the studies and investigations, the department periodically shall recommend to the Department of Public Safety appropriate policies, standards, and procedures relating to those medical aspects.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter B. Powers and Duties of Department › Section 12.014. Registry

Sec. 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 any state agency, board, or commission.
(b)  The executive commissioner by rule may adopt reasonable registration fees to cover the costs of establishing and maintaining a registry and may adopt other rules as necessary to administer this section.
(c)  A person seeking to register with the department must submit a request for registration on a form prescribed by the department.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 5, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0020, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter B. Powers and Duties of Department › Section 12.0146. Trends in Enforcement

Sec. 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 regulated by the department.  The analysis for each regulatory area must show at a minimum the year-to-year trends in the number and types of enforcement actions taken by the department in its regulation of the profession, industry, or type of facility.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 1.11, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter B. Powers and Duties of Department › Section 12.015. Information on Community Services

Sec. 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 facility, the department shall inform the person that community services might be available under a community care for the aged and disabled program administered by the Department of Aging and Disability Services.
(b)  The department shall provide to the person a list of services available under the program and a telephone number to call for more information on the services.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 6, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0022, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter B. Powers and Duties of Department › Section 12.016. Public Hearing Procedures

Sec. 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 during a public hearing conducted by the department shall become part of the record of the hearing, regardless of whether the member is a party to the hearing.
(b)  When a public hearing conducted by the department is required by law to be conducted at a certain location, the department shall determine the place within that location at which the hearing will be conducted.  In making that determination, the department shall consider the cost of available facilities and the adequacy of a facility to accommodate the type of hearing and anticipated attendance.
(c)  The department shall conduct at least one session of a public hearing after normal business hours on request by a party to the hearing or any person who desires to attend the hearing.
(d)  An applicant for a license, permit, registration, or similar form of permission required by law to be obtained from the department may not amend the application after the 31st day before the date on which a public hearing on the application is scheduled to begin.  If an amendment of an application would be necessary within that period, the applicant shall resubmit the application to the department and must again comply with notice requirements and any other requirements of law or department rule as though the application were originally submitted to the department on that date.
(e)  If an application for a license, permit, registration, or similar form of permission required by law is pending before the department at the time when changes take effect concerning notice requirements imposed by law for that type of application, the applicant must comply with the new notice requirements.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 9.01, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0023, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter B. Powers and Duties of Department › Section 12.018. Unannounced Inspections

Sec. 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., ch. 531, Sec. 1, eff. Aug. 28, 1995.  Renumbered from Health and Safety Code Sec. 12.017 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(50), eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter B. Powers and Duties of Department › Section 12.019. Genetic Counseling Fees

Sec. 12.019.  GENETIC COUNSELING FEES.  (a)  The executive commissioner by rule may set a fee to be collected by the department for providing genetic counseling services.  The fee may not exceed the actual cost of providing the services.
(b)  The department shall use the fees for providing genetic counseling services.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 8.116, eff. Sept. 1, 1995.  Renumbered from Health and Safety Code Sec. 12.017 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(51), eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0024, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter D. Fees for Public Health Services › Section 12.031. Definition

Sec. 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 consumer health protection services;
(4)  laboratory services;
(5)  health facility architectural plan review;
(6)  public health planning, information, and statistical services;
(7)  public health education and information services;  and
(8)  administration services.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter D. Fees for Public Health Services › Section 12.032. Fees for Public Health Services

Sec. 12.032.  FEES FOR PUBLIC HEALTH SERVICES.  (a)  The executive commissioner by rule may adopt fees to be collected by the department from a person who receives public health services from the department.
(b)  The executive commissioner by rule may require department contractors to collect fees for public health services provided by department contractors participating in the department's programs.  A department contractor shall retain a fee collected under this subsection and shall use the fee in accordance with the contract provisions.
(c)  The amount of a fee collected for a public health service may not exceed the cost to the department of providing the service.
(d)  The executive commissioner by rule may establish a fee schedule.  In establishing the schedule, the executive commissioner shall consider a person's ability to pay the entire amount of a fee.
(e)  The executive commissioner may not deny public health services to a person because of the person's inability to pay for the services.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0026, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter D. Fees for Public Health Services › Section 12.033. Distribution and Administration of Certain Vaccines and Sera

Sec. 12.033.  DISTRIBUTION AND ADMINISTRATION OF CERTAIN VACCINES AND SERA.  (a)  Except as otherwise provided by this section, the executive commissioner by rule shall adopt fees to be collected by the department for the distribution and administration of vaccines and sera provided under:
(1)  Section 38.001, Education Code;
(2)  Section 42.043, Human Resources Code;
(3)  Chapter 826 (Rabies Control Act of 1981);
(4)  Chapter 81 (Communicable Disease Prevention and Control Act); and
(5)  Section 161.005.
(b)  Except as otherwise provided by this section, the executive commissioner by rule may require a department contractor to collect fees for public health services provided by a contractor participating in a department program under the laws specified by Subsection (a).
(c)  Provided the executive commissioner finds that the monetary savings of this subsection are greater than any costs associated with administering it, the executive commissioner by rule shall establish a fee schedule for fees under this section.  In establishing the fee schedule, the executive commissioner shall consider a person's financial ability to pay all or part of the fee, including the availability of health insurance coverage.  In the event the fee schedule conflicts with any federal law or regulation, the executive commissioner shall seek a waiver from the applicable federal law or regulation to permit the fee schedule.  In the event the waiver is denied, the fee schedule shall not go into effect.
(d)  The commissioner may waive the fee requirement for any type of vaccine or serum if the commissioner determines that:
(1)  a public health emergency exists;  and
(2)  the vaccine or serum is needed to meet the emergency.
(e)  The department may not deny an immunization to an individual required to be immunized under a law specified by Subsection (a) because of the individual's inability to pay for the immunization.  The department shall provide the immunization at a reduced charge or no charge according to the financial ability of the individual or a person with a legal obligation to support the individual to pay for the immunization.  The department shall give priority to those persons least able to pay for immunization.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 43, Sec. 1, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 165, Sec. 6.33, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0027, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter D. Fees for Public Health Services › Section 12.034. Collection Procedures

Sec. 12.034.  COLLECTION PROCEDURES.  (a)  The executive commissioner shall establish procedures for the collection of fees for public health services.  The procedures shall be used by the department and by those department contractors required by the executive commissioner to collect fees.
(b)  The fees may be collected either before the performance of the services or by billing after the services are performed.
(c)  The department shall make a reasonable effort to collect fees billed after services are performed.  However, the executive commissioner by rule may waive the collection procedures if the administrative costs exceed the fees to be collected.
(d)  If the executive commissioner elects to require cash payments by program participants, the money received shall be deposited locally at the end of each day and retained by the department for not more than seven days.  At the end of that time, the money shall be deposited in the state treasury.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0028, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter D. Fees for Public Health Services › Section 12.035. Public Health Services Fee Account

Sec. 12.035.  PUBLIC HEALTH SERVICES FEE ACCOUNT.  (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 of the public health services fee account in the general revenue fund.
(b)  The department shall maintain proper accounting records to allocate the money among the state and federal programs generating the fees and administrative costs incurred in collecting the fees.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 647, Sec. 2, eff. June 11, 1997;  Acts 1999, 76th Leg., ch. 62, Sec. 19.02(11), eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0029, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter D. Fees for Public Health Services › Section 12.036. Subrogation

Sec. 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 person, for a personal injury caused by the other person's negligence or wrongdoing;  or
(3)  any other source.
(b)  The department's right of subrogation is limited to the cost of the services provided.
(c)  The executive commissioner or the executive commissioner's designee may waive the department's right of subrogation in whole or in part if the executive commissioner or the designee determines that:
(1)  enforcement of the right would tend to defeat the purpose of the department's program; or
(2)  the administrative expense of the enforcement would be greater than the expected recovery.
(d)  The executive commissioner may adopt rules for the enforcement of the department's right of subrogation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0030, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter D. Fees for Public Health Services › Section 12.037. Modification, Suspension, or Termination of Services

Sec. 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 and an opportunity for a fair hearing.
(b)  The executive commissioner by rule shall prescribe the criteria for department action under this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0031, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter D. Fees for Public Health Services › Section 12.038. Rules

Sec. 12.038.  RULES.  The executive commissioner may adopt rules necessary to implement this subchapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0032, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter D. Fees for Public Health Services › Section 12.039. Construction of Other Laws

Sec. 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 collection, or prescribes the basis for computing any fee or charge.
(b)  This section does not restrict the determination or recomputing of a fee or charge in accordance with the prescribed basis for computing the fee or charge.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter E. Grants or Contracts for Purchases of Public Health Services, Equipment, or Supplies › Section 12.051. Provision of Funds

Sec. 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 promote and maintain the public health.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter E. Grants or Contracts for Purchases of Public Health Services, Equipment, or Supplies › Section 12.052. Requirements for Expenditure of Certain Funds

Sec. 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 under that law, except as provided by Section 12.055.
(b)  The expenditure of funds received by other state agencies from the department is governed by Subtitle D, Title 10, Government Code, and the rules adopted under that law, except as provided by Section 12.055.
(c)  The expenditure of funds received by any other qualified person from the department is governed by the grant or contract between the person and the department.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.15, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1045, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter E. Grants or Contracts for Purchases of Public Health Services, Equipment, or Supplies › Section 12.053. Inventory Requirements

Sec. 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 to individuals, corporations, local units of government and other state agencies and that are used to promote and maintain public health are exempt from the statewide personal property accounting system administered by the comptroller of public accounts described in Subchapter L, Chapter 403, Government Code.  The qualified entities shall maintain complete equipment and supply records.  The department may request the return of any usable equipment or supplies purchased with funds provided by the department upon the termination of the program, contract, or grant.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 8, Sec. 5.05, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter E. Grants or Contracts for Purchases of Public Health Services, Equipment, or Supplies › Section 12.054. Disposition of Certain Department Property

Sec. 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 12.053 from the statewide personal property accounting system;  or
(2)  lawfully in the possession of an emergency medical services provider or governmental entity as those terms are defined by Section 773.003.
(b)  The department may negotiate directly with an emergency medical services provider or governmental entity to transfer title to property covered by this section for which the department determines that it holds title.  The department and the provider or governmental entity may mutually agree upon the value of the property and shall take any action incident to the transaction that is required by federal law.
(c)  The department shall initiate necessary procedures under Chapter 2175, Government Code, to dispose of surplus or salvage property for which the department does not transfer title under this section.
Added by Acts 1993, 73rd Leg., ch. 164, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.19(10), eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter E. Grants or Contracts for Purchases of Public Health Services, Equipment, or Supplies › Section 12.056. Participation in Department Purchasing Contracts or Group Purchasing Program

Sec. 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 services using those funds by participating in:
(1)  a contract the department has made to purchase goods or services;  or
(2)  a group purchasing program established or designated by the department that offers discounts to providers of health services.
Added by Acts 1997, 75th Leg., ch. 1045, Sec. 4, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter F. Border Health › Section 12.071. Office of Border Health

Sec. 12.071.  OFFICE OF BORDER HEALTH.  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 by Acts 1991, 72nd Leg., ch. 14, Sec. 7, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0034, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter F. Border Health › Section 12.072. Vector-Borne and Zoonotic Disease Mitigation in Border Counties

Sec. 12.072.  VECTOR-BORNE AND ZOONOTIC DISEASE MITIGATION IN BORDER COUNTIES.  (a)  To address vector-borne and zoonotic diseases and standardize practices in counties located along the international border with Mexico, the department shall:
(1)  consult with the Department of Agriculture and other appropriate state agencies to study:
(A)  the ongoing and potential needs of border counties related to vector-borne and zoonotic diseases;
(B)  the availability of and capacity for vector mitigation and control, including increased staffing, equipment, education, and training; and
(C)  strategies to improve or develop continuing education and public outreach initiatives for vector-borne and zoonotic disease prevention, including sanitation, removal of standing water, use of repellant, and reporting to health authorities of rashes and other symptoms of vector-borne and zoonotic diseases;
(2)  develop rapid local and regional response and support plans for:
(A)  ongoing vector-borne and zoonotic disease control activities; and
(B)  disasters, including flooding, hurricanes, and outbreaks of vector-borne diseases; and
(3)  perform any administrative actions necessary to address the findings from the study described by Subdivision (1) and to implement any appropriate strategies developed under this section.
(b)  The department may solicit and accept gifts, grants, and donations to implement and administer this section.  The department shall coordinate with appropriate federal agencies, state agencies, nonprofit organizations, public and private hospitals, institutions of higher education, and private entities in implementing and administering this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 398 (S.B. 1312), Sec. 3, eff. June 2, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter H. Medical Advisory Board › Section 12.091. Definition

Sec. 12.091.  DEFINITION.  In this subchapter, "panel" means a panel of the medical advisory board.
Added by Acts 1995, 74th Leg., ch. 165, Sec. 9, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0035, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter H. Medical Advisory Board › Section 12.092. Medical Advisory Board; Board Members

Sec. 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 certified in internal medicine, psychiatry, neurology, physical medicine, or ophthalmology and who are jointly recommended by the department and the Texas Medical Association; and
(2)  persons licensed to practice optometry in this state who are jointly recommended by the department and the Texas Optometric Association.
(b)  The medical advisory board shall assist the Department of Public Safety of the State of Texas in determining whether:
(1)  an applicant for a driver's license or a license holder is capable of safely operating a motor vehicle; or
(2)  an applicant for or holder of a license to carry a handgun under the authority of Subchapter H, Chapter 411, Government Code, or an applicant for or holder of a commission as a security officer under Chapter 1702, Occupations Code, is capable of exercising sound judgment with respect to the proper use and storage of a handgun.
Added by Acts 1995, 74th Leg., ch. 165, Sec. 9, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1261, Sec. 21, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, Sec. 9.23, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1084 (H.B. 3433), Sec. 16, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0036, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 29, eff. January 1, 2016.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter H. Medical Advisory Board › Section 12.093. Administration

Sec. 12.093.  ADMINISTRATION.  (a)  The medical advisory board is administratively attached to the department.
(b)  The department:
(1)  shall provide administrative support for the medical advisory board and panels of the medical advisory board; and
(2)  may collect and maintain the individual medical records necessary for use by the medical advisory board and the panels under this section from a physician, hospital, or other health care provider.
Added by Acts 1995, 74th Leg., ch. 165, Sec. 9, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0037, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter H. Medical Advisory Board › Section 12.094. Rules Relating to Medical Advisory Board Members

Sec. 12.094.  RULES RELATING TO MEDICAL ADVISORY BOARD MEMBERS.  (a)  The executive commissioner:
(1)  may adopt rules to govern the activities of the medical advisory board;
(2)  by rule may establish a reasonable fee to pay a member of the medical advisory board for the member's professional consultation services; and
(3)  if appropriate, may authorize reimbursement for travel expenses as provided by Section 2110.004, Government Code, for each meeting a member attends.
(b)  The fee under Subsection (a)(2) may not be less than $75 or more than $150 for each meeting that the member attends.
Added by Acts 1995, 74th Leg., ch. 165, Sec. 9, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0038, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter H. Medical Advisory Board › Section 12.095. Board Panels; Powers and Duties

Sec. 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 ability of an applicant or license holder to operate a motor vehicle safely or to exercise sound judgment with respect to the proper use and storage of a handgun, the commissioner or a person designated by the commissioner shall convene a panel to consider the case or question submitted by that department.
(b)  To take action as a panel, at least three members of the medical advisory board must be present.
(c)  Each panel member shall prepare an individual independent written report for the Department of Public Safety of the State of Texas that states the member's opinion as to the ability of the applicant or license holder to operate a motor vehicle safely or to exercise sound judgment with respect to the proper use and storage of a handgun, as appropriate.  In the report the panel member may also make recommendations relating to that department's subsequent action.
(d)  In its deliberations, a panel may examine any medical record or report that contains material that may be relevant to the ability of the applicant or license holder.
(e)  The panel may require the applicant or license holder to undergo a medical or other examination at the applicant's or holder's expense.  A person who conducts an examination under this subsection may be compelled to testify before the panel and in any subsequent proceedings under Subchapter H, Chapter 411, Government Code, or Subchapter N, Chapter 521, Transportation Code, as applicable, concerning the person's observations and findings.
Added by Acts 1995, 74th Leg., ch. 165, Sec. 9, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1261, Sec. 22, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 11.22, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle A - Department of State Health Services › Chapter 12 - Powers and Duties of Department of State Health Services › Subchapter H. Medical Advisory Board › Section 12.096. Physician Report

Sec. 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 advisory board, orally or in writing, of the name, date of birth, and address of a patient older than 15 years of age whom the physician has diagnosed as having a disorder or disability specified in a rule of the Department of Public Safety of the State of Texas.
(b)  The release of information under this section is an exception to the patient-physician privilege requirements imposed under Section 159.002, Occupations Code.
Added by Acts 1995, 74th Leg., ch. 165, Sec. 9, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.768, eff. Sept. 1, 2001.