HEALTH & SAFETY CODE
CHAPTER 112. BORDER HEALTH FOUNDATION
§ 112.001. DEFINITIONS. In this chapter:
(1) "Board of directors" means the board of directors
of the Border Health Foundation.
(2) "Foundation" means the Border Health Foundation.
Added by Acts 2003, 78th Leg., ch. 198, § 2.54(a), eff. Sept. 1,
2003.
§ 112.002. CREATION OF FOUNDATION. (a) The department
shall establish the Border Health Foundation as a nonprofit
corporation that complies with the Texas Non-Profit Corporation Act
(Article 1396-1.01 et seq., Vernon's Texas Civil Statutes), except
as otherwise provided by this chapter, and qualifies as an
organization exempt from federal income tax under Section
501(c)(3), Internal Revenue Code of 1986, as amended.
(b) The department shall ensure that the foundation
operates independently of any state agency or political subdivision
of this state.
Added by Acts 2003, 78th Leg., ch. 198, § 2.54(a), eff. Sept. 1,
2003.
§ 112.003. POWERS AND DUTIES. (a) The foundation
shall raise money from other foundations, governmental entities,
and other sources to finance health programs in this state in areas
adjacent to the border with the United Mexican States.
(b) The foundation shall:
(1) identify and seek potential partners in the
private sector that will afford this state the opportunity to
maintain or increase the existing levels of financing of health
programs and activities;
(2) engage in outreach efforts to make the existence
of the office known to potential partners throughout this state;
and
(3) perform any other function necessary to carry out
the purposes of this section.
(c) The department shall review programs from all agencies
under its control to determine which projects should be available
to receive money under Subsection (a).
(d) The foundation has the powers necessary and convenient
to carry out its duties.
Added by Acts 2003, 78th Leg., ch. 198, § 2.54(a), eff. Sept. 1,
2003.
§ 112.004. ADMINISTRATION. (a) The foundation is
governed by a board of five directors appointed by the Texas Board
of Health from individuals recommended by the commissioner.
(b) Members of the board of directors serve for staggered
terms of six years, with as near as possible to one-third of the
members' terms expiring every two years.
(c) Appointments to the board of directors shall be made
without regard to the race, color, disability, sex, religion, age,
or national origin of the appointees.
(d) The board of directors shall ensure that the foundation
remains eligible for an exemption from federal income tax under
Section 501(a), Internal Revenue Code of 1986, as amended, by being
listed as an exempt organization under Section 501(c)(3) of that
code, as amended.
Added by Acts 2003, 78th Leg., ch. 198, § 2.54(a), eff. Sept. 1,
2003.
§ 112.005. RESTRICTIONS ON BOARD APPOINTMENT,
MEMBERSHIP, AND EMPLOYMENT. (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 board of directors
and may not be a foundation 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.), as amended, if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of health care;
or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of health care.
(c) A person may not be a member of the board of directors or
act as the general counsel to the board of directors or the
foundation 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 foundation.
Added by Acts 2003, 78th Leg., ch. 198, § 2.54(a), eff. Sept. 1,
2003.
§ 112.006. REMOVAL OF BOARD MEMBER. (a) It is a ground
for removal from the board of directors that a member:
(1) is ineligible for membership under Section
112.005;
(2) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(3) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the board of directors.
(b) The validity of an action of the board of directors is
not affected by the fact that it is taken when a ground for removal
of a board member exists.
(c) The foundation in its articles or bylaws shall establish
the manner in which a board member may be removed under this section
and may establish other grounds for removal of a member.
Added by Acts 2003, 78th Leg., ch. 198, § 2.54(a), eff. Sept. 1,
2003.
§ 112.007. VACANCY. A vacancy on the board of directors
shall be filled for the remainder of the unexpired term in the same
manner as provided in Section 112.004(a).
Added by Acts 2003, 78th Leg., ch. 198, § 2.54(a), eff. Sept. 1,
2003.
§ 112.008. OFFICERS. The board of directors shall elect
from among its members a presiding officer, an assistant presiding
officer, and other necessary officers. The presiding officer and
assistant presiding officer serve for a period of one year and may
be reelected.
Added by Acts 2003, 78th Leg., ch. 198, § 2.54(a), eff. Sept. 1,
2003.
§ 112.009. MEETINGS. The board of directors may meet as
often as necessary, but shall meet at least twice a year.
Added by Acts 2003, 78th Leg., ch. 198, § 2.54(a), eff. Sept. 1,
2003.
§ 112.010. TAX EXEMPTION. All income, property, and
other assets of the foundation are exempt from taxation by this
state and political subdivisions of this state.
Added by Acts 2003, 78th Leg., ch. 198, § 2.54(a), eff. Sept. 1,
2003.
§ 112.011. MEMORANDUM OF UNDERSTANDING. The foundation
and the department shall enter into a memorandum of understanding
that:
(1) requires the board of directors and staff of the
foundation to report to the commissioner and department;
(2) allows the department to provide staff functions
to the foundation; and
(3) outlines the financial contributions to be made to
the foundation from funds obtained from grants and other sources.
Added by Acts 2003, 78th Leg., ch. 198, § 2.54(a), eff. Sept. 1,
2003.
§ 112.012. FUNDING. (a) The department, another
agency of this state, including an institution of higher education
as defined by Section 61. 003, Education Code, or a political
subdivision of this state may contract with the foundation to
finance, on behalf of the department, agency, or political
subdivision, health programs described by Section 112.003.
(b) The foundation may apply for and accept funds from the
federal government or any other public or private entity. The
foundation or any member of the foundation may also solicit and
accept pledges, gifts, and endowments from private sources on the
foundation's behalf. The foundation may only accept a pledge,
gift, or endowment solicited under this section that is consistent
with the purposes of the foundation.
(c) The board of directors of the foundation shall manage
and approve disbursements of funds, pledges, gifts, and endowments
that are the property of the foundation.
(d) The board of directors of the foundation shall manage
any capital improvements constructed, owned, or leased by the
foundation and any real property acquired by the foundation.
Added by Acts 2003, 78th Leg., ch. 198, § 2.54(a), eff. Sept. 1,
2003.
§ 112.013. RECORDS. (a) The foundation shall maintain
financial records and reports independently from those of the
department.
(b) The foundation shall comply with all filing
requirements of the secretary of state and the Internal Revenue
Service.
Added by Acts 2003, 78th Leg., ch. 198, § 2.54(a), eff. Sept. 1,
2003.
§ 112.014. REPORT TO DEPARTMENT. Not later than the
60th day after the last day of the fiscal year, the foundation shall
submit to the department a report itemizing all income and
expenditures and describing all activities of the foundation during
the preceding fiscal year.
Added by Acts 2003, 78th Leg., ch. 198, § 2.54(a), eff. Sept. 1,
2003.
