HEALTH & SAFETY CODE
SUBTITLE E. HEALTH CARE COUNCILS AND RESOURCE CENTERS
CHAPTER 101. TEXAS COUNCIL ON ALZHEIMER'S DISEASE AND RELATED
DISORDERS
§ 101.001. DEFINITIONS. In this chapter:
(1) "Alzheimer's disease and related disorders support
group" means a local, state, or national organization that:
(A) is established to provide support services to
aid victims of Alzheimer's disease and related disorders and their
caregivers;
(B) encourages research into the cause,
prevention, treatment, and care of victims of Alzheimer's disease
and related disorders; and
(C) is dedicated to the development of essential
services for victims of Alzheimer's disease and related disorders
and their caregivers.
(2) "Council" means the Texas Council on Alzheimer's
Disease and Related Disorders.
(3) "Primary family caregiver" means an individual who
is a relative of a victim of Alzheimer's disease or related
disorders, who has or has had a major responsibility for care and
supervision of the victim, and who is not a professional health care
provider paid to care for the victim.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 101.002. COMPOSITION OF COUNCIL. (a) The Texas
Council on Alzheimer's Disease and Related Disorders is composed
of:
(1) five public members, one of whom is an individual
related to a victim of Alzheimer's disease or related disorders but
who is not a primary family caregiver, one of whom is a primary
family caregiver, two of whom are members of an Alzheimer's disease
and related disorders support group, and one of whom is an
interested citizen;
(2) seven professional members with special training
and interest in Alzheimer's disease and related disorders, with one
representative each from nursing homes, physicians, nurses, public
hospitals, private hospitals, home health agencies, and faculty of
institutions of higher education; and
(3) the chief executive officer or the officer's
designated representative from the department, Texas Department on
Aging, Texas Department of Human Services, Texas Department of
Mental Health and Mental Retardation, and Long-Term Care
Coordinating Council for the Elderly.
(b) The governor shall appoint two public members and two
professional members, the lieutenant governor shall appoint two
public members and two professional members, and the speaker of the
house of representatives shall appoint one public member and three
professional members.
(c) The governor shall designate a member of the council who
is not an agency representative as the chairman of the council to
serve in that capacity at the will of the governor.
(d) Appointments to the council shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointees.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 1411, § 10.01, eff. Sept. 1, 1999.
§ 101.0021. CONFLICT OF INTEREST. (a) In this
section, "Texas trade association" means a cooperative and
voluntarily joined association of business or professional
competitors in this state designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.
(b) A person may not be a member of the council if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of medicine;
or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of medicine.
(c) A person may not be a member of the council if the person
is required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on behalf
of a profession related to the operation of the council.
Added by Acts 1999, 76th Leg., ch. 1411, § 10.02, eff. Sept. 1,
1999.
§ 101.0022. GROUNDS FOR REMOVAL. (a) It is a ground
for removal from the council that a member:
(1) does not have at the time of taking office the
qualifications required by Section 101.002(a);
(2) does not maintain during service on the council
the qualifications required by Section 101.002(a);
(3) is ineligible for membership under Section
101.0021;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled council meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the council.
(b) The validity of an action of the council is not affected
by the fact that it is taken when a ground for removal of a council
member exists.
(c) If the commissioner has knowledge that a potential
ground for removal exists, the commissioner shall notify the
chairman of the council of the potential ground. The chairman shall
then notify the governor and the attorney general that a potential
ground for removal exists. If the potential ground for removal
involves the chairman, the commissioner shall notify the next
highest ranking officer of the council, who shall then notify the
governor and the attorney general that a potential ground for
removal exists.
Added by Acts 1999, 76th Leg., ch. 1411, § 10.02, eff. Sept. 1,
1999.
§ 101.0023. TRAINING. (a) A person who is appointed to
and qualifies for office as a member of the council may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the council until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the council;
(2) the programs operated by the council;
(3) the role and functions of the council;
(4) the rules of the council;
(5) the current budget for the council;
(6) the results of the most recent formal audit of the
council;
(7) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code;
(C) the administrative procedure law, Chapter
2001, Government Code; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
council or the Texas Ethics Commission.
(c) A person appointed to the council is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Added by Acts 1999, 76th Leg., ch. 1411, § 10.02, eff. Sept. 1,
1999.
§ 101.004. TERMS; VACANCY. (a) Appointed council
members serve for staggered six-year terms, with the terms of four
members expiring August 31 of each odd-numbered year.
(b) If a vacancy occurs, the appropriate appointing
authority shall appoint a person, in the same manner as the original
appointment, to serve for the remainder of the unexpired term.
(c) A person who has served one full term is not eligible for
reappointment.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 494, § 1, eff. Sept. 1, 1993.
§ 101.005. COMPENSATION. (a) A member of the council
is not entitled to compensation but is entitled to reimbursement
for actual and necessary expenses incurred in performing council
duties.
(b) A representative of a state agency shall be reimbursed
from the funds of the agency the person represents. Other members
shall be reimbursed from funds made available to the council.
(c) If funds are not made available to the council, members
who are not representatives of state agencies serve at their own
expense.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 101.006. MEETINGS. (a) The council shall meet at
least twice each calendar year and at the call of the chairman.
(b) The council shall adopt rules for the conduct of its
meetings.
(c) Any action taken by the council must be approved by a
majority of the members present.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 101.0065. PUBLIC TESTIMONY. The council shall
develop and implement policies that provide the public with a
reasonable opportunity to appear before the council and to speak on
any issue under the jurisdiction of the council.
Added by Acts 1999, 76th Leg., ch. 1411, § 10.03, eff. Sept. 1,
1999.
§ 101.007. POWERS AND DUTIES OF COUNCIL. (a) The
council shall:
(1) advise the board and recommend needed action for
the benefit of victims of Alzheimer's disease and related disorders
and for their caregivers;
(2) coordinate public and private family support
networking systems for primary family caregivers;
(3) disseminate information on services and related
activities for victims of Alzheimer's disease and related disorders
to the medical and health care community, the academic community,
primary family caregivers, advocacy associations, and the public;
(4) coordinate a volunteer assistance program
primarily for in-home and respite care services;
(5) encourage research to benefit victims of
Alzheimer's disease and related disorders;
(6) recommend to the board disbursement of grants and
funds available for the council; and
(7) facilitate coordination of state agency services
and activities relating to victims of Alzheimer's disease and
related disorders.
(b) The council is subject to Chapter 551, Government Code,
and Chapter 2001, Government Code.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1995, 74th Leg., ch. 76, § 5.95(49), (82), eff. Sept. 1,
1995.
§ 101.0075. DIVISION OF POLICY AND MANAGEMENT
RESPONSIBILITIES. The council shall develop and implement
policies that clearly separate the policymaking responsibilities
of the council and the management responsibilities of the
commissioner and the staff of the department.
Added by Acts 1999, 76th Leg., ch. 1411, § 10.04, eff. Sept. 1,
1999.
§ 101.008. DUTIES OF DEPARTMENT. The department shall:
(1) provide administrative assistance, services, and
materials to the council;
(2) accept, deposit, and disburse funds made available
to the council at the direction of the board;
(3) accept gifts and grants on behalf of the council
from any public or private entity;
(4) maintain a population data base of victims of
Alzheimer's disease and related disorders in this state; and
(5) apply for and receive on behalf of the council any
appropriations, gifts, or other funds from the state or federal
government or any other public or private entity, subject to
limitations and conditions prescribed by legislative
appropriation.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 101.0081. INFORMATION ABOUT STANDARDS OF
CONDUCT. The commissioner or the commissioner's designee shall
provide to members of the council, as often as necessary,
information regarding the requirements for office under this
chapter, including information regarding a person's
responsibilities under applicable laws relating to standards of
conduct for state officers.
Added by Acts 1999, 76th Leg., ch. 1411, § 10.05, eff. Sept. 1,
1999.
§ 101.009. GIFTS AND GRANTS. (a) The council is
encouraged to seek and the department may accept on behalf of the
council a gift or grant from any public or private entity.
(b) The board shall deposit any money received under
Subsection (a) in the state treasury to the credit of the
Alzheimer's disease and related disorders council fund to be used
for the purposes of this chapter.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 101.010. REPORT. Before September 1 of each
even-numbered year, the council shall submit a biennial report of
the council's activities and recommendations to the governor,
lieutenant governor, speaker of the house of representatives,
members of the legislature, Long-Term Care Coordinating Council for
the Elderly, and board.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
