CHAPTER 93. PREVENTION OF CARDIOVASCULAR DISEASE AND STROKE
HEALTH AND SAFETY CODE
TITLE 2. HEALTH
SUBTITLE D. PREVENTION, CONTROL, AND REPORTS OF DISEASES
CHAPTER 93. PREVENTION OF CARDIOVASCULAR DISEASE AND STROKE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 93.001. DEFINITIONS. In this chapter:
(1) "Cardiovascular disease" means the group of diseases that
target the heart and blood vessels and that are the result of
complex interactions between multiple inherited traits and
environmental factors.
(2) "Council" means the Council on Cardiovascular Disease and
Stroke.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept.
1, 1999.
Sec. 93.002. APPOINTMENT OF COUNCIL; TERMS OF MEMBERS. (a) The
Council on Cardiovascular Disease and Stroke is composed of:
(1) 11 public members appointed by the governor, with the advice
and consent of the senate, as follows:
(A) a licensed physician with a specialization in cardiology;
(B) a licensed physician with a specialization in neurology to
treat stroke;
(C) a licensed physician employed in a primary care setting;
(D) a registered nurse with a specialization in quality
improvement practices for cardiovascular disease and stroke;
(E) a registered and licensed dietitian;
(F) two persons with experience and training in public health
policy, research, or practice;
(G) two consumer members, with special consideration given to
persons actively participating in the Texas affiliates of the
American Heart Association or American Stroke Association,
managed care, or hospital or rehabilitation settings; and
(H) two members from the general public that have or care for
persons with cardiovascular disease or stroke; and
(2) one nonvoting member representing each of the state agencies
that oversee:
(A) health services;
(B) education;
(C) assistive and rehabilitative services; and
(D) aging and disability services.
(b) In appointing public members under Subsection (a)(1), the
governor shall attempt to appoint female members and members of
different minority groups, including African Americans, Hispanic
Americans, Native Americans, and Asian Americans.
(c) The head of each agency overseeing services listed in
Subsection (a)(2) shall appoint the agency's representative
nonvoting member.
(d) Public members of the council serve staggered six-year
terms, with the terms of three or four of the public members
expiring February 1 of each odd-numbered year. A nonvoting
member representing a state agency serves at the will of the
appointing agency.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept.
1, 1999. Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 6.01,
eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
732, Sec. 1, eff. September 1, 2005.
Sec. 93.003. REIMBURSEMENT. (a) Except as provided by
Subsection (b), a member of the council may be reimbursed for
travel expenses incurred while conducting the business of the
council at the same rate provided for state employees in the
General Appropriations Act, provided funds are appropriated to
the department for this purpose.
(b) If funds are not appropriated to support reimbursement of
travel expenses, the commissioner may authorize reimbursement of
the travel expenses incurred by a member while conducting the
business of the council, as provided in the General
Appropriations Act, if the commissioner finds on application of
the member that travel for council business imposes a financial
hardship on the member.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept.
1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
732, Sec. 2, eff. September 1, 2005.
Sec. 93.004. DUTIES OF DEPARTMENT; FUNDS. The department shall
accept funds appropriated for the purposes of this chapter and
shall allocate those funds. The council shall make
recommendations to the department concerning the allocation of
funds.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept.
1, 1999.
Sec. 93.005. CONSULTANTS; ADVISORY COMMITTEE. To advise and
assist the council with respect to the council's duties under
this chapter, the council may appoint one or more:
(1) consultants to the council; or
(2) advisory committees under Chapter 2110, Government Code.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept.
1, 1999.
Sec. 93.006. REPORT TO LEGISLATURE. (a) Repealed by Acts 2005,
79th Leg., Ch. 732, Sec. 7, eff. September 1, 2005.
(b) Not later than January 15 of each year, the council shall
report to the governor, the lieutenant governor, and the speaker
of the house of representatives on the activities of the council,
accounting for all funds received and disbursed by or for the
council during the preceding fiscal year.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept.
1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
732, Sec. 3, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
732, Sec. 4, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
732, Sec. 7, eff. September 1, 2005.
Sec. 93.007. RESTRICTIONS ON COUNCIL APPOINTMENT, MEMBERSHIP, OR
EMPLOYMENT. (a) A person is not eligible to serve as a public
member 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 funds at the
council's direction;
(2) owns or controls directly or indirectly more than a 10
percent interest in a business entity or other organization
receiving funds at the council's direction; or
(3) uses or receives a substantial amount of tangible goods,
services, or funds from the department at the council's
direction, other than compensation or reimbursement authorized by
law for council membership, attendance, or expenses.
(b) A person who is required to register as a lobbyist under
Chapter 305, Government Code, may not serve as a member of the
council or act as the general counsel of the council.
(c) An officer, employee, or paid consultant of a trade
association in the field of health care may not be a member or
employee of the council. A person who is the spouse of an
officer, employee, or paid consultant of a trade association in
the field of health care may not be a member of the council and
may not be an employee, including an employee exempt from the
state's position classification plan, who is compensated at or
above the amount prescribed by the General Appropriations Act for
step 1, salary group A17, of the position classification salary
schedule.
(d) For purposes of Subsection (c), a trade association is a
nonprofit, cooperative, and voluntary association of business or
professional competitors designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interests.
Added by Acts 2005, 79th Leg., Ch.
732, Sec. 5, eff. September 1, 2005.
Sec. 93.008. REMOVAL OF COUNCIL MEMBER. (a) It is a ground for
removal from the council if a member:
(1) is not eligible for appointment to the council at the time
of appointment as provided by Section 93.007(a);
(2) is not eligible to serve on the council as provided by
Section 93.007(a);
(3) violates a prohibition established by Section 93.007(b) or
(c);
(4) cannot discharge the member's duties for a substantial part
of the term for which the member is appointed because of illness
or disability; or
(5) is absent from more than half of the regularly scheduled
council meetings that the member is eligible to attend during
each calendar year, unless the absence is excused 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 member
of the council exists.
(c) If the presiding officer of the council knows that a
potential ground for removal exists, the presiding officer shall
notify the governor of its existence.
(d) The council shall inform its members as often as necessary
of:
(1) the qualifications for office prescribed by this chapter;
and
(2) the responsibilities under applicable laws relating to
standards of conduct for state officers or employees.
Added by Acts 2005, 79th Leg., Ch.
732, Sec. 5, eff. September 1, 2005.
Sec. 93.009. PRESIDING OFFICER. The governor shall designate a
member of the council as the presiding officer of the council to
serve in that capacity at the will of the governor.
Added by Acts 2005, 79th Leg., Ch.
732, Sec. 5, eff. September 1, 2005.
Sec. 93.010. STAFF SUPPORT. Each agency represented on the
council:
(1) shall provide the council with staff support of specialists
as needed; and
(2) may provide staff support to an advisory committee.
Added by Acts 2005, 79th Leg., Ch.
732, Sec. 5, eff. September 1, 2005.
Sec. 93.011. DIVISION OF POLICY AND MANAGEMENT RESPONSIBILITIES.
The council shall develop and implement policies that clearly
separate the policy-making responsibilities of the council and
the management responsibilities of the commissioner and staff of
the department.
Added by Acts 2005, 79th Leg., Ch.
732, Sec. 5, eff. September 1, 2005.
Sec. 93.012. MEETINGS. (a) The council shall meet at least
quarterly and shall adopt rules for the conduct of its meetings.
(b) An action taken by the council must be approved by a
majority of the voting members present.
Added by Acts 2005, 79th Leg., Ch.
732, Sec. 5, eff. September 1, 2005.
Sec. 93.013. GIFTS AND GRANTS. (a) The council may receive
gifts and grants from any public or private source to perform its
duties under this chapter. The department shall accept the gifts
on behalf of the council and shall deposit any funds accepted
under this section to the credit of a special account in the
general revenue fund as required by Section 93.014.
(b) The department may retain five percent of any monetary gifts
accepted on behalf of the council to cover its costs in
administering this section.
Added by Acts 2005, 79th Leg., Ch.
732, Sec. 5, eff. September 1, 2005.
Sec. 93.014. HEART DISEASE AND STROKE RESOURCE FUND. (a) The
heart disease and stroke resource fund is an account of the
general revenue fund.
(b) The legislature may appropriate money deposited to the
credit of the heart disease and stroke resource fund only to the
council for:
(1) heart disease and stroke prevention, research, and medical
care for heart attack and stroke victims; and
(2) grants to nonprofit heart disease and stroke organizations.
(c) The council shall develop a policy governing the award of
funds for clinical research that follows scientific peer review
guidelines for primary and secondary prevention of heart disease
or stroke 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 heart disease and
stroke resource fund shall be deposited to the credit of the
fund.
Added by Acts 2005, 79th Leg., Ch.
732, Sec. 5, eff. September 1, 2005.
SUBCHAPTER B. POWERS AND DUTIES OF COUNCIL
Sec. 93.051. CARDIOVASCULAR DISEASE AND STROKE PREVENTION PLAN;
DUTIES OF COUNCIL. (a) The council shall develop an effective
and resource-efficient plan to reduce the morbidity, mortality,
and economic burden of cardiovascular disease and stroke in this
state. The council shall:
(1) conduct health education, public awareness, and community
outreach activities that relate to primary and secondary
prevention of cardiovascular disease and stroke;
(2) promote, enhance, and coordinate health education, public
awareness, and community outreach activities that relate to
primary and secondary prevention of cardiovascular disease and
stroke and that are provided by private and other public
organizations;
(3) coordinate activities with other entities that are concerned
with medical conditions that are similar to cardiovascular
disease and stroke or that have similar risk factors;
(4) identify to health care providers, employers, schools,
community health centers, and other groups the benefits of
encouraging treatment, primary and secondary prevention, and
public awareness of cardiovascular disease and stroke and
recognize innovative and effective programs that achieve the
objectives of improved treatment, prevention, and public
awareness;
(5) provide guidance regarding the roles and responsibilities of
government agencies, health care providers, employers,
third-party payers, patients, and families of patients in the
treatment, primary and secondary prevention, and public awareness
of cardiovascular disease and stroke;
(6) improve access to treatment for and primary and secondary
prevention of cardiovascular disease and stroke through public
awareness programs, including access for uninsured individuals
and individuals living in rural or underserved areas;
(7) assist communities to develop comprehensive local
cardiovascular disease and stroke prevention programs;
(8) assist the Texas Education Agency and local school districts
to promote a public school curriculum that includes physical,
nutritional, and health education relating to cardiovascular
disease and stroke prevention;
(9) establish appropriate forums, programs, or initiatives
designed to educate the public regarding the impact of heart
disease and stroke on women's health, with an emphasis on
preventive health and healthy lifestyles; and
(10) evaluate and enhance the implementation and effectiveness
of the program developed under this chapter.
(b) The council shall make written recommendations for
performing its duties under this chapter to the department and
the legislature.
(c) The council shall advise the legislature on legislation that
is needed to develop further and maintain a statewide system of
quality education services for all persons with cardiovascular
disease or stroke. The council may develop and submit
legislation to the legislature or comment on pending legislation
that affects persons with cardiovascular disease and stroke.
(d) The council shall collaborate with the Governor's EMS and
Trauma Advisory Council, the American Stroke Association, and
other stroke experts to make recommendations to the department
for rules on the recognition and rapid transportation of stroke
patients to health care facilities capable of treating strokes 24
hours a day and recording stroke patient outcomes.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept.
1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
732, Sec. 6, eff. September 1, 2005.
Sec. 93.052. DATABASE OF CLINICAL RESOURCES. The council shall
review available clinical resources and shall develop a database
of recommendations for appropriate care and treatment of patients
with cardiovascular disease or who have suffered from or are at
risk for stroke. The council shall make the database accessible
to the public.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept.
1, 1999.
Sec. 93.053. CARDIOVASCULAR DISEASE AND STROKE DATABASE. (a)
The council shall collect and analyze information related to
cardiovascular disease and stroke at the state and regional level
and, to the extent feasible, at the local level. The council
shall obtain the information from federal and state agencies and
from private and public organizations. The council shall maintain
a database of this information.
(b) The database may include:
(1) information related to behavioral risk factors identified
for cardiovascular disease and stroke;
(2) morbidity and mortality rates for cardiovascular disease and
stroke; and
(3) community indicators relevant to cardiovascular disease and
stroke.
(c) In compiling the database, the council may use information
available from other sources, such as the Behavioral Risk Factor
Surveillance System established by the Centers for Disease
Control and Prevention, reports of hospital discharge data, and
information included in death certificates.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept.
1, 1999.
Sec. 93.054. INFORMATION RECEIVED FROM ANOTHER STATE AGENCY;
CONFIDENTIALITY. (a) To perform its duties under this chapter,
the council may request and receive information in the possession
of any state agency. In addition to the restriction imposed by
Subsection (b), information provided to the council under this
subsection is subject to any restriction on disclosure or use of
the information that is imposed by law on the agency from which
the council obtained the information.
(b) Information in the possession of the council that identifies
a patient or that is otherwise confidential under law is
confidential, is excepted from required public disclosure under
Chapter 552, Government Code, and may not be disclosed for any
purpose.
Added by Acts 1999, 76th Leg., ch. 1411, Sec. 25.01, eff. Sept.
1, 1999.