HUMAN RESOURCES CODE
CHAPTER 134. INTERAGENCY COUNCIL FOR GENETIC SERVICES
§ 134.001. INTERAGENCY COUNCIL FOR GENETIC
SERVICES. (a) The Interagency Council for Genetic Services is
established.
(b) The council consists of:
(1) a representative of the Texas Department of Mental
Health and Mental Retardation, appointed by the commissioner of
mental health and mental retardation;
(2) a representative of the Texas Department of
Health, appointed by the commissioner of health;
(3) a representative of the Texas Department of
Insurance, appointed by the commissioner of insurance;
(4) a representative of The University of Texas health
science centers, appointed by the chancellor of The University of
Texas System;
(5) a representative of the public and private
entities that contract with the Texas Department of Health to
provide genetic services, elected from their membership; and
(6) two consumers of genetic services, family members
of consumers of genetic services, or representatives of consumer
groups related to the provision of genetic services, appointed by
the governor.
(c) The members provided for by Subdivisions (5) and (6) of
Subsection (b) of this section serve two-year terms and may be
reappointed or reelected for subsequent terms. A representative of
the Texas Department of Mental Health and Mental Retardation, Texas
Department of Health, Texas Department of Insurance, or The
University of Texas health science centers serves at the pleasure
of his respective commissioner or chancellor or until termination
of his employment with the entity he represents.
(d) The members of the council shall annually elect one
member to serve as chairperson.
(e) The council shall meet at least quarterly. Any actions
taken by the council must be approved by a majority vote of the
members present.
Added by Acts 1987, 70th Leg., ch. 956, § 8.01, eff. Sept. 1,
1987. Amended by Acts 1999, 76th Leg., ch. 1217, § 1, eff. Sept.
1, 1999.
§ 134.002. RULES. A state agency that is a member of the
council shall work in coordination with the council when
initiating, considering, or proposing a rule relating to human
genetics or human genetic services.
Added by Acts 1999, 76th Leg., ch. 1217, § 3, eff. Sept. 1, 1999.
§ 134.003. STAFF. (a) The council may select and use
lay and professional advisors as necessary.
(b) The Texas Department of Health, Texas Department of
Mental Health and Mental Retardation, Texas Department of
Insurance, and The University of Texas health science centers shall
share the cost of providing clerical and advisory support staff to
the council.
Added by Acts 1987, 70th Leg., ch. 956, § 8.01, eff. Sept. 1,
1987. Amended by Acts 1999, 76th Leg., ch. 1217, § 3, eff. Sept.
1, 1999.
§ 134.004. DUTIES. The council shall:
(1) survey current resources for human genetic
services in the state;
(2) initiate a scientific evaluation of the current
and future needs for the services;
(3) develop a comparable data base among providers
that will permit the evaluation of cost-effectiveness and the value
of different human genetic services and methods of service
delivery;
(4) promote a common statewide data base to study the
epidemiology of human genetic disorders;
(5) assist in coordinating statewide human genetic
services for all state residents;
(6) increase the flow of information among separate
providers and appropriation authorities;
(7) develop guidelines to monitor the provision of
human genetic services, including laboratory testing;
(8) identify state entities that serve persons who are
affected by or who are at risk of having children who are affected
by environmental genetic disorders and coordinate activities with
those agencies; and
(9) work in coordination with the state agencies named
in Sections 134.001(b)(1), (2), and (3) when the agency initiates,
considers, or proposes a rule relating to human genetics or human
genetic services.
Added by Acts 1987, 70th Leg., ch. 956, § 8.01, eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 90, § 2, eff. Sept. 1,
1989; Acts 1999, 76th Leg., ch. 1217, § 4, eff. Sept. 1, 1999.
§ 134.0041. RESOURCE ALLOCATION PLAN. (a) The council
biennially shall develop a resource allocation plan recommending
how funds for genetic services should be spent during the next
fiscal biennium.
(b) A state agency, medical school, or other entity affected
by the plan shall cooperate with the council and shall submit to the
council any information required by the council to develop the
plan.
(c) The council shall hold public hearings to gather
information necessary to prepare the plan.
(d) The plan prepared by the council shall clearly identify
the level of financial resources needed to fully implement the plan
and the recommended service delivery system that should be used by
each state agency, medical school, or other entity that provides
genetic services and receives for those services state funds or
federal funds that are appropriated by the state.
(e) The council must approve the plan by a majority vote not
later than June 1 of each even-numbered year. The council shall
distribute the plan to each affected agency or medical school and to
each entity the council considers appropriate.
(f) The plan is advisory in nature and is to be used as a
guideline in the performance of statutory responsibilities. No
liability shall attach due to an agency's or school's decision to
deviate from the plan.
(g) A state agency or medical school affected by the plan
shall use the plan as the basis for its request for appropriations
during the next biennium unless the agency or school disagrees with
the plan. If the agency or school disagrees with the plan or
intends to deviate from the plan in its budget request, the agency
or school shall submit to the council, Legislative Budget Board,
and governor's budget office a written explanation of each
disagreement or deviation and the reason for the disagreement or
deviation. The state agency or medical school must submit the
written explanation not later than November 1 of the year in which
the plan is prepared.
Added by Acts 1989, 71st Leg., ch. 90, § 5, eff. Sept. 1, 1989.
§ 134.005. USE OF FUNDS. (a) The council may receive
any appropriation, donation, contribution, or other funds from the
state or federal government or any other public or private source to
perform its duties under this Act. The Texas Department of Health
shall accept the funds on behalf of the council and shall deposit
any funds accepted under this subsection to the credit of a special
account in the General Revenue Fund. The department may retain a
percentage of any funds accepted on behalf of the council to cover
its costs in administering this subsection. The percentage
retained by the department shall be set at a level agreeable to the
council.
(b) If the Texas Department of Health, Texas Department of
Mental Health and Mental Retardation, Texas Department of
Insurance, or The University of Texas health science centers
receive federal funds to be used only to coordinate and plan
statewide genetic services, the department or system shall transfer
the funds to the council through the Texas Department of Health to
be used for the purposes for which the funds were received.
(c) The council shall adopt and employ policies and methods
of financial management which are acceptable to the Texas
Department of Health.
(d) The Texas Department of Health may expend funds received
on behalf of the council under this section for the purposes of this
Act, in accordance with the recommendations from the council.
Added by Acts 1987, 70th Leg., ch. 956, § 8.01, eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg., ch. 90, § 3, eff. Sept. 1,
1989; Acts 1999, 76th Leg., ch. 1217, § 5, eff. Sept. 1, 1999.
§ 134.006. ANNUAL REPORTS. The council shall annually
submit a progress report to the boards of the Texas Department of
Health and the Texas Department of Mental Health and Mental
Retardation, to the commissioner of the Texas Department of
Insurance, and to the board of regents of The University of Texas
System.
Added by Acts 1987, 70th Leg., ch. 956, § 8.01, eff. Sept. 1,
1987. Amended by Acts 1999, 76th Leg., ch. 1217, § 6, eff. Sept.
1, 1999.
