reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter A. General Provisions › Section 1001.003. Sunset Provision

Sec. 1001.003.  SUNSET PROVISION.  The Department of State Health Services is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the department is abolished and this chapter expires September 1, 2027.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 928 (H.B. 3249), Sec. 3.03, eff. June 15, 2007.
Acts 2009, 81st Leg., 1st C.S., Ch. 2 (S.B. 2), Sec. 2.09, eff. July 10, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 2.11, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 4.03, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 596 (S.B. 619), Sec. 4.08, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter A. General Provisions › Section 1001.004. References in Law Meaning Department

Text of section effective until April 01, 2025
Sec. 1001.004.  REFERENCES IN LAW MEANING DEPARTMENT.  In this code or any other law, a reference to the department in relation to a function described by Section 1001.002(c) means the department.  A reference in law to the department in relation to any other function has the meaning assigned by Section 531.0011, Government Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 1.17, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.66, eff. April 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter A. General Provisions › Section 1001.004. References in Law Meaning Department

Text of section effective on April 01, 2025
Sec. 1001.004.  REFERENCES IN LAW MEANING DEPARTMENT.  In this code or any other law, a reference to the department in relation to a function described by Section 1001.002(c) means the department. A reference in law to the department in relation to any other function has the meaning assigned by Section 521.0002, Government Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 1.17, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.66, eff. April 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter A. General Provisions › Section 1001.005. References in Law Meaning Commissioner or Designee

Text of section effective until April 01, 2025
Sec. 1001.005.  REFERENCES IN LAW MEANING COMMISSIONER OR DESIGNEE.  In this code or in any other law, a reference to the commissioner in relation to a function described by Section 1001.002(c) means the commissioner.  A reference in law to the commissioner in relation to any other function has the meaning assigned by Section 531.0012, Government Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 1.17, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.67, eff. April 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter A. General Provisions › Section 1001.005. References in Law Meaning Commissioner or Designee

Text of section effective on April 01, 2025
Sec. 1001.005.  REFERENCES IN LAW MEANING COMMISSIONER OR DESIGNEE.  In this code or in any other law, a reference to the commissioner in relation to a function described by Section 1001.002(c) means the commissioner.  A reference in law to the commissioner in relation to any other function has the meaning assigned by Section 521.0003, Government Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 1.17, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.67, eff. April 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter B. Administrative Provisions › Section 1001.028. Public Interest Information and Complaints

Sec. 1001.028.  PUBLIC INTEREST INFORMATION AND COMPLAINTS.  (a)  The commissioner, with the advice of the council, shall prepare information of public interest describing the functions of the department and the procedures by which complaints are filed with and resolved by the department.  The commission shall make the information available to the public and appropriate state governmental entities.
(b)  The executive commissioner by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the department for directing complaints to the department.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter B. Administrative Provisions › Section 1001.029. Public Access and Testimony

Sec. 1001.029.  PUBLIC ACCESS AND TESTIMONY.  (a)  The commissioner shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commissioner and to speak on any issue under the jurisdiction of the department.
(b)  The commissioner shall grant an opportunity for a public hearing before the council makes recommendations to the commissioner regarding a substantive rule if a public hearing is requested by:
(1)  at least 25 persons;
(2)  a governmental entity;  or
(3)  an association with at least 25 members.
(c)  The executive commissioner shall consider fully all written and oral submissions about a proposed rule.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter B. Administrative Provisions › Section 1001.030. Policymaking and Management Responsibilities

Sec. 1001.030.  POLICYMAKING AND MANAGEMENT RESPONSIBILITIES.  The commissioner, with the advice of the council and subject to the approval of the executive commissioner, shall develop and the department shall implement policies that clearly delineate the policymaking responsibilities of the executive commissioner from the management responsibilities of the commission, the commissioner, and the staff of the department.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter B. Administrative Provisions › Section 1001.0305. Local Health Entity Policy

Sec. 1001.0305.  LOCAL HEALTH ENTITY POLICY.  In developing policy related to funding local health entities as defined by Section 117.001, the department shall consult with the Public Health Funding and Policy Committee established under Chapter 117.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1237 (S.B. 969), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter B. Administrative Provisions › Section 1001.032. Offices

Sec. 1001.032.  OFFICES.  The department shall maintain its central office in Austin.  The department may maintain offices in other areas of the state as necessary.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter B. Administrative Provisions › Section 1001.033. Application Requirement for Colonias Projects

Sec. 1001.033.  APPLICATION REQUIREMENT FOR COLONIAS PROJECTS.  (a)  In this section, "colonia" means a geographic area that:
(1)  is an economically distressed area as defined by Section 17.921, Water Code;
(2)  is located in a county any part of which is within 62 miles of an international border; and
(3)  consists of 11 or more dwellings that are located in close proximity to each other in an area that may be described as a community or neighborhood.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(3), eff. September 1, 2019.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(3), eff. September 1, 2019.
(d)  Regarding any projects funded by the commission that provide assistance to colonias, the commission shall require an applicant for the funds to submit to the commission a colonia classification number, if one exists, for each colonia that may be served by the project proposed in the application.  If a colonia does not have a classification number, the commission may contact the secretary of state or the secretary of state's representative to obtain the classification number.  On request of the commission, the secretary of state or the secretary of state's representative shall assign a classification number to the colonia.
Added by Acts 2005, 79th Leg., Ch. 828 (S.B. 827), Sec. 5, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 341 (S.B. 99), Sec. 16, eff. June 15, 2007.
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 2.09, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 2.10, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(3), eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter B. Administrative Provisions › Section 1001.034. Investigation of Department

Sec. 1001.034.  INVESTIGATION OF DEPARTMENT.  The executive commissioner shall investigate the conduct of the work of the department.  For that purpose, the executive commissioner shall have access at any time to all department books and records and may require an officer or employee of the department to furnish written or oral information.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Transferred, redesignated and amended from Health and Safety Code, Section 11.014 by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0007, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter B. Administrative Provisions › Section 1001.035. Advisory Committees

Sec. 1001.035.  ADVISORY COMMITTEES.  (a)  The executive commissioner may appoint advisory committees to assist the executive commissioner and department in performing duties related to department functions.
(b)  If the executive commissioner appoints an advisory committee under this section, the appointment must be made in a manner that provides for:
(1)  a balanced representation of persons with knowledge and interest in the committee's field of work;
(2)  the inclusion on the committee of at least two members who represent the interests of the public; and
(3)  a balanced representation of the geographic regions of the state.
(d)  A member of an advisory committee appointed under this section may receive reimbursement for travel expenses as provided by Section 2110.004, Government Code.
(e)  The executive commissioner shall specify each committee's purpose, powers, and duties, and shall require each committee to report to the executive commissioner or department in the manner specified by the executive commissioner concerning the committee's activities and the results of its work.
(f)  The executive commissioner shall establish procedures for receiving reports relating to the activities and accomplishments of an advisory committee established by statute to advise the department or executive commissioner on matters related to department functions.  The executive commissioner may appoint additional members to those advisory committees and may establish additional duties of those committees as the executive commissioner determines to be necessary.
(g)  The executive commissioner shall adopt rules to implement this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 2, eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 1411, Sec. 1.17, eff. Sept. 1, 1999.
Transferred, redesignated and amended from Health and Safety Code, Section 11.016 by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0008, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter C. Personnel › Section 1001.0515. Office of Chief State Epidemiologist

Sec. 1001.0515.  OFFICE OF CHIEF STATE EPIDEMIOLOGIST.  (a)  The commissioner shall:
(1)  establish an Office of Chief State Epidemiologist within the department to provide expertise in public health activities and policy in this state by:
(A)  evaluating epidemiologic, medical, and health care information; and
(B)  identifying pertinent research and evidence-based best practices; and
(2)  appoint a physician licensed to practice medicine in this state as the chief state epidemiologist to administer the Office of Chief State Epidemiologist.
(b)  The chief state epidemiologist must:
(1)  be board certified in a medical specialty; and
(2)  have significant experience in public health and an advanced degree in public health, epidemiology, or a related field.
(c)  The chief state epidemiologist serves as:
(1)  the department expert on epidemiological matters and on communicable and noncommunicable diseases; and
(2)  the department's senior science representative and primary contact for the Centers for Disease Control and Prevention and other federal agencies related to epidemiologic science and disease surveillance.
(d)  The chief state epidemiologist may provide professional and scientific consultation regarding epidemiology and disease control, harmful exposure, and injury prevention to state agencies, health facilities, health service regions, local health authorities, local health departments, and other entities.
(e)  Notwithstanding any other law, the chief state epidemiologist may access information from the department to implement duties of the epidemiologist's office.  Reports, records, and information provided to the Office of Chief State Epidemiologist that relate to an epidemiologic or toxicologic investigation of human illness or conditions and of environmental exposure that are harmful or believed to be harmful to the public health are confidential and not subject to disclosure under Chapter 552, Government Code, and may not be released or made public on subpoena or otherwise, except for statistical purposes if released in a manner that prevents identification of any person.
Added by Acts 2021, 87th Leg., R.S., Ch. 863 (S.B. 968), Sec. 15, eff. June 16, 2021.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter C. Personnel › Section 1001.052. Personnel

Sec. 1001.052.  PERSONNEL.  (a)  The department may employ, compensate, and prescribe the duties of personnel necessary and suitable to administer this chapter.
(b)  The executive commissioner shall prepare and by rule adopt personnel standards.
(c)  A personnel position may be filled only by an individual selected and appointed on a nonpartisan merit basis.
(d)  The commissioner, with the advice of the council, shall develop and the department shall implement policies that clearly define the responsibilities of the staff of the department.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter C. Personnel › Section 1001.053. Information About Qualifications and Standards of Conduct

Sec. 1001.053.  INFORMATION ABOUT QUALIFICATIONS AND STANDARDS OF CONDUCT.  The commissioner or the commissioner's designee shall provide to department employees, as often as necessary, information regarding the requirements for employment under this chapter or rules adopted by the executive commissioner, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state employees.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter C. Personnel › Section 1001.054. Merit Pay

Sec. 1001.054.  MERIT PAY.  Subject to rules adopted by the executive commissioner, the commissioner or the commissioner's designee shall develop a system of annual performance evaluations.  All merit pay for department employees must be given under the system established under this section or under rules adopted by the executive commissioner.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter C. Personnel › Section 1001.055. Career Ladder

Sec. 1001.055.  CAREER LADDER.  The commissioner or the commissioner's designee shall develop an intra-agency career ladder program.  The program must require intra-agency postings of all nonentry-level positions concurrently with any public posting.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter C. Personnel › Section 1001.056. Equal Employment Opportunity Policy

Sec. 1001.056.  EQUAL EMPLOYMENT OPPORTUNITY POLICY.  (a)  Subject to rules adopted by the executive commissioner, the commissioner or the commissioner'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)  Unless the following are included in a policy statement adopted by the executive commissioner that is applicable to the department, 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 department 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 department'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 be:
(1)  updated annually;
(2)  reviewed by the Texas Workforce Commission civil rights division for compliance with Subsection (b)(1); and
(3)  filed with the governor's office.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1632, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter D. Powers and Duties of Department › Section 1001.071. General Powers and Duties of Department Related to Health Care

Sec. 1001.071.  GENERAL POWERS AND DUTIES OF DEPARTMENT RELATED TO HEALTH CARE.  (a)  The department is the state agency with primary responsibility to administer or provide health services, including:
(1)  disease prevention;
(2)  health promotion;
(3)  indigent health care;
(4)  certain acute care services;
(5)   licensing of certain health professions; and
(6)  other health-related services as provided by law.
(b)  The department is responsible for administering human services programs regarding the public health, including:
(1)  implementing the state's public health care delivery programs under the authority of the department;
(2)  administering state health facilities, hospitals, and health care systems;
(3)  developing and providing health care services, as directed by law;
(4)  providing for the prevention and control of communicable diseases;
(5)  providing public education on health-related matters, as directed by law;
(6)  compiling and reporting health-related information, as directed by law;
(7)  acting as the lead agency for implementation of state policies regarding the human immunodeficiency virus and acquired immunodeficiency syndrome and administering programs related to the human immunodeficiency virus and acquired immunodeficiency syndrome;
(8)  investigating the causes of injuries and methods of prevention;
(9)  administering a grant program to provide appropriated money to counties, municipalities, public health districts, and other political subdivisions for their use to provide or pay for essential public health services;
(10)  administering the registration of vital statistics;
(11)  licensing, inspecting, and enforcing regulations regarding health facilities, other than long-term care facilities regulated by the Department of Aging and Disability Services;
(12)  implementing established standards and procedures for the management and control of sanitation and for health protection measures;
(13)  enforcing regulations regarding radioactive materials;
(14)  enforcing regulations regarding food, drugs, cosmetics, and health devices;
(15)  enforcing regulations regarding food service establishments, retail food stores, mobile food units, and roadside food vendors;
(16)  enforcing regulations controlling hazardous substances in households and workplaces; and
(17)  implementing a mental health program for veterans.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 352 (H.B. 2392), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0005(a), eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0005(b), eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 3.020, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter D. Powers and Duties of Department › Section 1001.0711. School Health Advisory Committee

Sec. 1001.0711.  SCHOOL HEALTH ADVISORY COMMITTEE.  (a)  The executive commissioner by rule shall establish a School Health Advisory Committee at the department to provide assistance to the council in establishing a leadership role for the department in support for and delivery of coordinated school health programs and school health services.
(b)  The committee shall include at least:
(1)  one representative from the Department of Agriculture, appointed by the commissioner of agriculture; and
(2)  one representative from the Texas Education Agency, appointed by the commissioner of education.
(c)  Section 2110.008, Government Code, does not apply to a committee created under this section.
Added by Acts 2005, 79th Leg., Ch. 784 (S.B. 42), Sec. 9, eff. June 17, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1633, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter D. Powers and Duties of Department › Section 1001.072. General Powers and Duties of Department Related to Mental Health

Sec. 1001.072.  GENERAL POWERS AND DUTIES OF DEPARTMENT RELATED TO MENTAL HEALTH.  The department is responsible for administering human services programs regarding mental health, including:
(1)  administering and coordinating mental health services at the local and state level;
(2)  operating the state's mental health facilities;  and
(3)  inspecting, licensing, and enforcing regulations regarding mental health facilities, other than long-term care facilities regulated by the Department of Aging and Disability Services.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter D. Powers and Duties of Department › Section 1001.073. General Powers and Duties of Department Related to Substance Abuse

Sec. 1001.073.  GENERAL POWERS AND DUTIES OF DEPARTMENT RELATED TO SUBSTANCE ABUSE.  The department is responsible for administering human services programs regarding substance abuse, including:
(1)  administering, coordinating, and contracting for the delivery of substance abuse prevention and treatment programs at the state and local level;
(2)  inspecting, licensing, and enforcing regulations regarding substance abuse treatment facilities;  and
(3)  providing public education on substance abuse issues, as directed by law.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter D. Powers and Duties of Department › Section 1001.074. Information Regarding Complaints

Sec. 1001.074.  INFORMATION REGARDING COMPLAINTS.  (a)  The department shall maintain a file on each written complaint filed with the department.  The file must include:
(1)  the name of the person who filed the complaint;
(2)  the date the complaint is received by the department;
(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 department closed the file without taking action other than to investigate the complaint.
(b)  The department shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the executive commissioner's and the department's policies and procedures relating to complaint investigation and resolution.
(c)  The department, 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 2003, 78th Leg., ch. 198, Sec. 1.09.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter D. Powers and Duties of Department › Section 1001.075. Rules

Text of section effective until April 01, 2025
Sec. 1001.075.  RULES.  The executive commissioner may adopt rules reasonably necessary for the department to administer this chapter, consistent with the memorandum of understanding under Section 531.0055(k), Government Code, between the commissioner and the executive commissioner, as adopted by rule.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.69, eff. April 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter D. Powers and Duties of Department › Section 1001.075. Rules

Text of section effective on April 01, 2025
Sec. 1001.075.  RULES.  The executive commissioner may adopt rules reasonably necessary for the department to administer this chapter, consistent with the memorandum of understanding under Section 524.0101(a), Government Code, between the commissioner and the executive commissioner, as adopted by rule.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.69, eff. April 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter D. Powers and Duties of Department › Section 1001.077. Adult Diabetes Education Program

Sec. 1001.077.  ADULT DIABETES EDUCATION PROGRAM. (a) In counties with populations of more than 100,000, the department may assist hospital districts and county hospital systems in providing an adult diabetes education program. The program must be based on a curriculum developed by the Texas Diabetes Council.
(b)  A hospital district or county hospital system that participates in the program shall:
(1)  make the adult diabetes education program available in English and Spanish using the curriculum developed by the Texas Diabetes Council; and
(2)  make the education program available in the county, including at each rural health clinic the district or system may have.
(c)  The Texas Diabetes Council shall develop for the adult diabetes education program a curriculum emphasizing life choices that enable a diabetic patient to control the disease and improve the patient's standard of living.
Added by Acts 2011, 82nd Leg., R.S., Ch. 217 (H.B. 123), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter D. Powers and Duties of Department › Section 1001.078. Funding Formula; Public Health Evaluation

Sec. 1001.078.  FUNDING FORMULA; PUBLIC HEALTH EVALUATION.  (a)  In this section:
(1)  "Health service region" means a public health region designated under Section 121.007.
(2)  "Local health department" means a local health department established under Subchapter D, Chapter 121.
(3)  "Local health unit" has the meaning assigned by Section 121.004.
(4)  "Public health district" means a health district established under Subchapter E, Chapter 121.
(b)  The department, in collaboration with the Public Health Funding and Policy Committee established under Section 117.051, shall:
(1)  develop funding formulas for federal and state funds appropriated to the department to be allocated to local health departments, local health units, public health districts, and health service regions' regional headquarters, based on population, population density, disease burden, social determinants of health, local efforts to prevent disease, and other relevant factors as determined by the department and committee;
(2)  evaluate the feasibility and benefits of placing a cap on the percentage of public health funds that can be used on administrative costs at local health departments, local health units, public health districts, and health service regions' regional headquarters; and
(3)  evaluate public health functions provided by the department, local health departments, local health units, public health districts, and health service regions' regional headquarters and determine if another entity, including a private entity, can provide those functions more effectively.
Added by Acts 2013, 83rd Leg., R.S., Ch. 732 (S.B. 127), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter D. Powers and Duties of Department › Section 1001.079. Public Health Threat Policy

Sec. 1001.079.  PUBLIC HEALTH THREAT POLICY.  (a)  In this section, "local health department" means a local health department established under Subchapter D, Chapter 121.
(b)  The department shall create a policy to allow a local health department flexibility, to the extent allowed under federal law, in the use of personnel and other resources during disaster response activities, outbreaks, and other appropriate public health threats.
Added by Acts 2013, 83rd Leg., R.S., Ch. 732 (S.B. 127), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter D. Powers and Duties of Department › Section 1001.081. Health Insurance Exchange Information

Sec. 1001.081.  HEALTH INSURANCE EXCHANGE INFORMATION.  (a)  In this section:
(1)  "Health insurance exchange" means an American Health Benefit Exchange administered by the federal government under 42 U.S.C. Section 18041 or created under 42 U.S.C. Section 18031.
(2)  "Individual's legally authorized representative" has the meaning assigned by Section 1001.080(a).
(b)  The department may develop informational materials regarding health care insurance coverage and subsidies available under a health insurance exchange.
(c)  The department shall provide the informational materials regarding health care insurance coverage and subsidies available under a health insurance exchange to an individual or the individual's legally authorized representative who:
(1)  applies to receive health or mental health benefits, services, or assistance described in Section 1001.080(b); and
(2)  has an income above 100 percent of the federal poverty level.
(d)  The executive commissioner shall adopt rules necessary to implement this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 765 (S.B. 1057), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter D. Powers and Duties of Department › Section 1001.085. Management and Direction by Executive Commissioner

Text of section effective until April 01, 2025
Sec. 1001.085.  MANAGEMENT AND DIRECTION BY EXECUTIVE COMMISSIONER.  The department's powers and duties prescribed by this chapter and other law, including enforcement activities and functions, are subject to the executive commissioner's oversight under Chapter 531, Government Code, to manage and direct the operations of the department.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1635, eff. April 2, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.71, eff. April 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter D. Powers and Duties of Department › Section 1001.085. Management and Direction by Executive Commissioner

Text of section effective on April 01, 2025
Sec. 1001.085.  MANAGEMENT AND DIRECTION BY EXECUTIVE COMMISSIONER.  The department's powers and duties prescribed by this chapter and other law, including enforcement activities and functions, are subject to the executive commissioner's oversight under the revised provisions derived from Chapter 531, Government Code, as that chapter existed on March 31, 2025, to manage and direct the operations of the department.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1635, eff. April 2, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.71, eff. April 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter D. Powers and Duties of Department › Section 1001.086. Treatment Alternatives Training Curriculum for Judges and Attorneys

Sec. 1001.086.  TREATMENT ALTERNATIVES TRAINING CURRICULUM FOR JUDGES AND ATTORNEYS.  (a)  The department, with input from the court of criminal appeals and the forensic director appointed under Section 532.013, shall develop and maintain a training curriculum for judges and attorneys that provides information on inpatient and outpatient treatment alternatives to inpatient commitment to a state hospital for a patient whom a court is ordering to receive mental health services:
(1)  to attain competency to stand trial under Chapter 46B, Code of Criminal Procedure; or
(2)  following an acquittal by reason of insanity under Chapter 46C, Code of Criminal Procedure.
(b)  The training curriculum developed and maintained under Subsection (a) must include a guide to treatment alternatives, other than inpatient treatment at a state hospital, from which a patient described by Subsection (a) may receive mental health services.
Added by Acts 2015, 84th Leg., R.S., Ch. 207 (S.B. 1507), Sec. 3, eff. May 28, 2015.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter D. Powers and Duties of Department › Section 1001.087. Contracting for and Administration of Certain Functions Relating to Substance Abuse

Sec. 1001.087.  CONTRACTING FOR AND ADMINISTRATION OF CERTAIN FUNCTIONS RELATING TO SUBSTANCE ABUSE.  (a)  The department may contract only with local mental health authorities and local behavioral health authorities to administer outreach, screening, assessment, and referral functions relating to the provision of substance abuse services.  A local mental health authority or local behavioral health authority may subcontract with a substance abuse or behavioral health service provider to provide those services.
(b)  A local mental health authority or local behavioral health authority who contracts with the department to administer outreach, screening, assessment, and referral functions relating to the provision of substance abuse services shall develop an integrated service delivery model that, to the extent feasible, uses providers who have historically administered outreach, screening, assessment, and referral functions.
Added by Acts 2015, 84th Leg., R.S., Ch. 207 (S.B. 1507), Sec. 3, eff. May 28, 2015.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter D. Powers and Duties of Department › Section 1001.088. Mental Health and Substance Abuse Hotlines

Sec. 1001.088.  MENTAL HEALTH AND SUBSTANCE ABUSE HOTLINES.  The department shall ensure that each local mental health authority and local behavioral health authority operates a toll-free telephone hotline that enables a person to call a single hotline number to obtain information from the authority about mental health services, substance abuse services, or both.
Added by Acts 2015, 84th Leg., R.S., Ch. 207 (S.B. 1507), Sec. 3, eff. May 28, 2015.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter D. Powers and Duties of Department › Section 1001.089. Public Health Data

Sec. 1001.089.  PUBLIC HEALTH DATA.  (a)  In this section:
(1)  "Essential public health services" has the meaning assigned by Section 121.002.
(2)  "Local public health entity" means a local health authority, local health unit, local health department, or public health district.
(b)  Notwithstanding Sections 81.103, 82.009, 88.002(b), 92.006, and 192.002(b), the department may enter into an agreement with a local public health entity that provides essential public health services to provide the entity access to:
(1)  identified public health data relating to the entity's jurisdiction and any public health data relating to a jurisdiction contiguous to the entity; and
(2)  deidentified public health data maintained by the department relating to the jurisdiction of any other local public health entity.
(c)  The public health data obtained through the agreement may be used only in the provision of essential public health services.
(d)  Access to public health data includes necessary identified public health data required for an infectious disease investigation conducted under Chapter 81.
(e)  For any public health data request that is not subject to Subsection (b), (c), or (d) and except as provided by Subsection (f), the department shall establish a review process for the consideration of public health data requests relating to essential public health services or public health research. The process must evaluate:
(1)  the public health benefit and purpose of the request;
(2)  the privacy of the individuals whose data is requested;
(3)  the management of the data by the requestor, including management of public health data released to the requestor in previous requests; and
(4)  other relevant law.
(f)  A local public health entity seeking public health data for human subject research purposes must submit a request to the department's institutional review board for review and consideration.
(g)  A local public health entity receiving public health data from the department under this section shall:
(1)  maintain the integrity and security of the data; and
(2)  comply with state and federal privacy laws.
Added by Acts 2019, 86th Leg., R.S., Ch. 1184 (H.B. 3704), Sec. 1, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 863 (S.B. 968), Sec. 16, eff. June 16, 2021.
Text of subchapter effective on September 1, 2009, but only if a specific appropriation is provided as described by Acts 2009, 81st Leg., R.S., Ch. 1238, Sec. 7(f), which states:  This section does not make an appropriation. This section takes effect only if a specific appropriation for the implementation of the section is provided in a general appropriations act of the 81st Legislature.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter F. Texas Medical Child Abuse Resources and Education System (Medcares) › Section 1001.151. Texas Medical Child Abuse Resources and Education System Grant Program

Sec. 1001.151.  TEXAS MEDICAL CHILD ABUSE RESOURCES AND EDUCATION SYSTEM GRANT PROGRAM.  (a)  The department shall establish the Texas Medical Child Abuse Resources and Education System (MEDCARES) grant program to award grants for the purpose of developing and supporting regional programs to improve the assessment, diagnosis, and treatment of child abuse and neglect as described by the report submitted to the 80th Legislature by the committee on pediatric centers of excellence relating to abuse and neglect in accordance with Section 266.0031, Family Code, as added by Chapter 1406 (S.B. 758), Acts of the 80th Legislature, Regular Session, 2007.
(b)  The department may award grants to hospitals or academic health centers with expertise in pediatric health care and a demonstrated commitment to developing basic and advanced programs and centers of excellence for the assessment, diagnosis, and treatment of child abuse and neglect.
(c)  The department shall encourage collaboration among grant recipients in the development of program services and activities.
Added by Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 7(a), eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter F. Texas Medical Child Abuse Resources and Education System (Medcares) › Section 1001.152. Use of Grant

Sec. 1001.152.  USE OF GRANT.  A grant awarded under this subchapter may be used to support:
(1)  comprehensive medical evaluations, psychosocial assessments, treatment services, and written and photographic documentation of abuse;
(2)   education and training for health professionals, including physicians, medical students, resident physicians, child abuse fellows, and nurses, relating to the assessment, diagnosis, and treatment of child abuse and neglect;
(3)  education and training for community agencies involved with child abuse and neglect, law enforcement officials, child protective services staff, and children's advocacy centers involved with child abuse and neglect;
(4)  medical case reviews and consultations and testimony regarding those reviews and consultations;
(5)  research, data collection, and quality assurance activities, including the development of evidence-based guidelines and protocols for the prevention, evaluation, and treatment of child abuse and neglect;
(6)  the use of telemedicine and other means to extend services from regional programs into underserved areas; and
(7)  other necessary activities, services, supplies, facilities, and equipment as determined by the department.
Added by Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 7(a), eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter F. Texas Medical Child Abuse Resources and Education System (Medcares) › Section 1001.154. Gifts and Grants

Sec. 1001.154.  GIFTS AND GRANTS.  The department may solicit and accept gifts, grants, and donations from any public or private source for the purposes of this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 7(a), eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter F. Texas Medical Child Abuse Resources and Education System (Medcares) › Section 1001.155. Required Report

Sec. 1001.155.  REQUIRED REPORT.  Not later than December 1 of each even-numbered year, the department shall submit a report to the governor and the legislature regarding the grant activities of the program and grant recipients, including the results and outcomes of grants provided under this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 7(a), eff. September 1, 2009.
Reenacted and amended by Acts 2015, 84th Leg., R.S., Ch. 946 (S.B. 277), Sec. 1.12(b), eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter F. Texas Medical Child Abuse Resources and Education System (Medcares) › Section 1001.156. Rules

Sec. 1001.156.  RULES.  The executive commissioner may adopt rules as necessary to implement this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 7(a), eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter F. Texas Medical Child Abuse Resources and Education System (Medcares) › Section 1001.157. Appropriation Required

Sec. 1001.157.  APPROPRIATION REQUIRED.  The department is not required to award a grant under this subchapter unless the department is specifically appropriated money for purposes of this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 7(a), eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter H. Mental Health First Aid Training › Section 1001.201. Definitions

Sec. 1001.201.  DEFINITIONS.  In this subchapter:
(1)  "Child-care facility" has the meaning assigned by Section 42.002, Human Resources Code.
(2)  "Educator" means a person who is required to hold a certificate issued under Subchapter B, Chapter 21, Education Code.
(3)  "First responder" has the meaning assigned by Section 421.095, Government Code.
(4)  "Institution of higher education" has the meaning assigned by Section 61.003, Education Code.
(5)  "Local behavioral health authority" means an authority designated by the commission under Section 533.0356.
(6)  "Local mental health authority" has the meaning assigned by Section 531.002.
(7)  "Open-enrollment charter school" and "private school" have the meanings assigned by Section 5.001, Education Code.
(8)  "Regional education service center" means a regional education service center established under Chapter 8, Education Code.
(9)  "School district employee" means a person employed by a school district who regularly interacts with students through the course of the person's duties, including an educator, a secretary, a school bus driver, or a cafeteria worker.
(10)  "School resource officer" has the meaning assigned by Section 1701.601, Occupations Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1306 (H.B. 3793), Sec. 4, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 836 (S.B. 133), Sec. 1, eff. June 17, 2015.
Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 2.28, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 45 (S.B. 1533), Sec. 1, eff. May 19, 2017.
Acts 2023, 88th Leg., R.S., Ch. 324 (H.B. 2059), Sec. 1, eff. September 1, 2023.