HEALTH & SAFETY CODE
CHAPTER 102. TEXAS CANCER COUNCIL
§ 102.001. DEFINITION. In this chapter, "council"
means the Texas Cancer Council.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 102.002. TEXAS CANCER COUNCIL. The Texas Cancer
Council shall develop and work to implement the Texas Cancer Plan.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., 1st C.S., ch. 15, § 5.06, eff. Sept. 1,
1991; Acts 1999, 76th Leg., ch. 36, § 1, eff. Sept. 1, 1999.
§ 102.003. SUNSET PROVISION. The Texas Cancer Council
is subject to Chapter 325, Government Code (Texas Sunset Act).
Unless continued in existence as provided by that chapter, the
council is abolished and this chapter expires September 1, 2011.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., 1st C.S., ch. 17, § 4.24, eff. Nov. 12,
1991; Acts 1999, 76th Leg., ch. 36, § 1, eff. Sept. 1, 1999.
§ 102.004. COMPOSITION OF COUNCIL. (a) The council is
composed of:
(1) the chairman of the Texas Board of Health, or a
representative appointed by the chairman, who serves as an ex
officio nonvoting member;
(2) one physician active in the treatment of cancer,
appointed by the governor;
(3) one physician active in the treatment of cancer,
appointed by the lieutenant governor;
(4) one physician active in the treatment of cancer,
appointed by the speaker of the house of representatives;
(5) one representative of a voluntary health
organization interested in cancer, appointed by the governor;
(6) one representative of a voluntary health
organization interested in cancer, appointed by the lieutenant
governor;
(7) one representative of a voluntary health
organization interested in cancer, appointed by the speaker of the
house of representatives;
(8) one representative of a licensed health care
facility that treats a significant number of cancer patients,
appointed by the governor;
(9) one representative of a licensed health care
facility that treats a significant number of cancer patients,
appointed by the lieutenant governor;
(10) one representative of a licensed health care
facility that treats a significant number of cancer patients,
appointed by the speaker of the house of representatives;
(11) one member of the public, appointed by the
governor;
(12) one member of the public, appointed by the
lieutenant governor;
(13) one member of the public, appointed by the
speaker of the house of representatives;
(14) one licensed health care professional active in
the treatment or control of cancer, other than a physician,
appointed by the governor;
(15) one licensed health care professional active in
the treatment or control of cancer, other than a physician,
appointed by the lieutenant governor; and
(16) one licensed health care professional active in
the treatment or control of cancer, other than a physician,
appointed by the speaker of the house of representatives.
(b) In making appointments to the council, the governor,
lieutenant governor, and speaker of the house of representatives
should attempt to include cancer survivors and family members of
cancer patients if possible.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., 1st C.S., ch. 15, § 5.07, eff. Sept. 1,
1991; Acts 1999, 76th Leg., ch. 36, § 1, eff. Sept. 1, 1999.
§ 102.0041. QUALIFICATIONS OF COUNCIL MEMBERS AND
EMPLOYEES. (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. The term does not include a voluntary health
organization.
(b) A person may not be a public member of the council if the
person or the person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization receiving money from the
council;
(2) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization receiving money from the council; or
(3) uses or receives a substantial amount of tangible
goods, services, or money from the council, other than compensation
or reimbursement authorized by law for council membership,
attendance, or expenses.
(c) A person may not be a member of the council and may not
be a council employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.) and its subsequent amendments if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of cancer
control; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of cancer
control.
(d) A person may not be a member of the council or act as the
general counsel to the council or the council's staff 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.
(e) Appointments to the council shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointees.
(f) 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 102.004;
(2) does not maintain during service on the council
the qualifications required by Section 102.004;
(3) is ineligible for membership under Subsections
(b)-(d);
(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.
(g) 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.
(h) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
presiding officer of the council of the potential ground. The
presiding officer shall then notify the appointing authority and
the attorney general that a potential ground for removal exists. If
the potential ground for removal involves the presiding officer,
the executive director shall notify the next highest ranking
officer of the council, who shall then notify the appointing
authority and the attorney general that a potential ground for
removal exists.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 15, § 5.08, eff.
Sept. 1, 1991. Amended by Acts 1999, 76th Leg., ch. 36, § 1, eff.
Sept. 1, 1999.
§ 102.005. TERMS; VACANCY. (a) Except for the ex
officio member of the council, council members serve for staggered
six-year terms, with the terms of five members expiring February 1
of each even-numbered year.
(b) If a vacancy occurs, the appropriate appointing
authority shall appoint, in the same manner as the original
appointment, a person to serve for the remainder of the unexpired
term.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 36, § 2, eff. Sept. 1, 1999.
§ 102.006. OFFICERS. The governor shall designate a
member of the council, other than the ex officio member, as the
presiding officer of the council to serve in that capacity at the
pleasure of the governor.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., 1st C.S., ch. 15, § 5.09, eff. Sept. 1,
1991; Acts 1999, 76th Leg., ch. 36, § 3, eff. Sept. 1, 1999.
§ 102.007. 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 member of the legislature shall be reimbursed from the
appropriate fund of the legislature. A representative of a state
agency shall be reimbursed from the funds of the agency the person
represents. Other members shall be reimbursed from council funds.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 102.008. MEETINGS. (a) The council shall meet at the
call of the presiding officer.
(b) 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.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 36, § 3, eff. Sept. 1, 1999.
§ 102.009. POWERS AND DUTIES OF COUNCIL. (a) The
council shall:
(1) work to implement the Texas Cancer Plan;
(2) continually monitor and revise the Texas Cancer
Plan as necessary;
(3) promote the development and coordination of
effective and efficient statewide public and private policies,
programs, and services related to cancer; and
(4) encourage cooperative, comprehensive, and
complementary planning among the public, private, and volunteer
sectors involved in cancer research, prevention, detection, and
treatment.
(b) The council may:
(1) employ an executive director;
(2) appoint advisory committees necessary to
implement the Texas Cancer Plan and employ necessary staff to
provide administrative support;
(3) monitor contracts and agreements for cancer
programs authorized by this chapter;
(4) conduct necessary studies and surveys;
(5) accept, transfer, and spend funds made available
by the federal or state government or by any other public or private
source, subject to limitations and conditions prescribed by
legislative appropriation; and
(6) use the existing staff of an appointed official or
agency to assist the council in performing its duties under this
chapter.
(c) The Texas Cancer Council and/or its contracted projects
shall maintain for physicians a listing of available continuing
medical education courses in pain treatment offered by accredited
Texas medical and osteopathic schools, hospitals, health care
facilities, or professional societies or associations for
physicians.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch. 627, § 13, eff. Sept. 1, 1991; Acts
1991, 72nd Leg., 1st C.S., ch. 15, § 5.10, eff. Sept. 1, 1991;
Acts 1995, 74th Leg., ch. 174, § 2, eff. Sept. 1, 1995; Acts
1999, 76th Leg., ch. 36, § 4, eff. Sept. 1, 1999.
§ 102.010. GRANT PROGRAM. (a) If funds are available,
the council may establish a grant program to provide funds to public
or private persons to implement the Texas Cancer Plan.
(b) The council shall adopt rules governing the submission
and approval of grant requests and the cancellation of grants.
(c) To receive a grant, a person whose grant request is
approved must execute an interagency agreement or a contract with
the council. The contract must require the person receiving the
grant to perform the services as stated in the approved grant
request. The contract must contain appropriate provisions for
program and fiscal monitoring.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., 1st C.S., ch. 15, § 5.11, eff. Sept. 1,
1991.
§ 102.011. STANDARDS OF CONDUCT. The executive
director or the executive director's designee shall provide to
members of the council and to council employees, as often as
necessary, information regarding the requirements for office or
employment under this chapter, including information regarding a
person's responsibilities under applicable laws relating to
standards of conduct for state officers or employees.
Added by Acts 1999, 76th Leg., ch. 36, § 5, eff. Sept. 1, 1999.
§ 102.012. CANCER RESOURCE FUND. (a) The cancer
resource fund is an account of the general revenue fund.
(b) The legislature may appropriate money deposited to the
credit of the cancer resource fund only to the council for cancer
prevention, cancer research, and medical care for cancer victims.
(c) The council shall develop a policy governing the award
of funds for clinical research that follows scientific peer review
and approval by the National Cancer Institute of the National
Institutes of Health or that follows other review procedures that
are designed to distribute those funds on the basis of scientific
merit.
(d) Interest earned from the investment of the cancer
resource fund shall be deposited to the credit of the fund.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 102.013. 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, with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(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. 36, § 5, eff. Sept. 1, 1999.
§ 102.014. SEPARATION OF RESPONSIBILITIES. The council
shall develop and implement policies that clearly separate the
policymaking responsibilities of the council and the management
responsibilities of the executive director and the staff of the
council.
Added by Acts 1999, 76th Leg., ch. 36, § 5, eff. Sept. 1, 1999.
§ 102.015. COMPLAINTS. (a) The council shall maintain
a file on each written complaint filed with the council. The file
must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the council;
(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 council closed the file without taking action other than to
investigate the complaint.
(b) The council shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the council's policies and procedures relating to complaint
investigation and resolution.
(c) The council, 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 1999, 76th Leg., ch. 36, § 5, eff. Sept. 1, 1999.
§ 102.016. EQUAL EMPLOYMENT OPPORTUNITY. (a) The
executive director or the executive director'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) 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 council 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 council'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:
(1) be updated annually;
(2) be reviewed by the state Commission on Human
Rights for compliance with Subsection (b)(1); and
(3) be filed with the governor's office.
Added by Acts 1999, 76th Leg., ch. 36, § 5, eff. Sept. 1, 1999.
§ 102.017. TEXANS CONQUER CANCER ACCOUNT. (a) The
Texans Conquer Cancer account is a separate account in the general
revenue fund. The account is composed of:
(1) money deposited to the credit of the account under
Section 502.2735, Transportation Code; and
(2) gifts, grants, and donations.
(b) The council administers the account. The council may
spend money credited to the account only to:
(1) make grants to nonprofit organizations that
provide support services for cancer patients and their families;
and
(2) defray the cost of administering the account.
(c) The council:
(1) may accept gifts, donations, and grants from any
source for the benefit of the account; and
(2) by rule shall establish guidelines for spending
money credited to the account.
Added by Acts 2001, 77th Leg., ch. 869, § 3(b), eff. June 14,
2001.
§ 102.018. TEXANS CONQUER CANCER ADVISORY
COMMITTEE. (a) The council shall appoint a seven-member Texans
Conquer Cancer advisory committee.
(b) The committee shall:
(1) assist the council in establishing guidelines for
the expenditure of money credited to the Texans Conquer Cancer
account; and
(2) review and make recommendations to the council on
applications submitted to the council for grants funded with money
credited to the Texans Conquer Cancer account.
(c) Members of the committee serve without compensation and
are not entitled to reimbursement for expenses. Each member serves
a term of four years, with the terms of three or four members
expiring on January 31 of each odd-numbered year.
(d) Section 2110.008, Government Code, does not apply to the
committee.
Added by Acts 2001, 77th Leg., ch. 869, § 3(b), eff. June 14,
2001.
