Title HS, Health and Safety Code

Sec. 1001.152. USE OF GRANT. A grant awarded under this subchapter may be used to support: (1) comprehensive medical evaluations, psychosocial assessments, treatment services, and written and photographic documentation of abuse; (2) education and training for health professionals…

Sec. 1001.154. GIFTS AND GRANTS. The department may solicit and accept gifts, grants, and donations from any public or private source for the purposes of this subchapter. Added by Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 7(a), eff. September 1, 2009.

Sec. 1001.155. REQUIRED REPORT. Not later than December 1 of each even-numbered year, the department shall submit a report to the governor and the legislature regarding the grant activities of the program and grant recipients, including the results and outcomes of grants provided…

Sec. 1001.156. RULES. The executive commissioner may adopt rules as necessary to implement this subchapter. Added by Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 7(a), eff. September 1, 2009.

Sec. 1001.157. APPROPRIATION REQUIRED. The department is not required to award a grant under this subchapter unless the department is specifically appropriated money for purposes of this subchapter. Added by Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 7(a), eff. Septem…

Sec. 1001.201. DEFINITIONS. In this subchapter: (1) "Child-care facility" has the meaning assigned by Section 42.002, Human Resources Code. (2) "Educator" means a person who is required to hold a certificate issued under Subchapter B, Chapter 21, Education Code. (3) "First respon…

Sec. 1001.202. GRANTS FOR TRAINING OF MENTAL HEALTH FIRST AID TRAINERS. (a) To the extent money is appropriated to the commission for that purpose, the commission shall make grants to local mental health authorities or local behavioral health authorities to contract with persons …

Sec. 1001.203. GRANTS FOR TRAINING CERTAIN INDIVIDUALS IN MENTAL HEALTH FIRST AID. (a) To the extent money is appropriated for the purpose, the commission shall make grants to local mental health authorities or local behavioral health authorities to provide at no cost an approved…

Sec. 1001.204. PLANS FOR MENTAL HEALTH FIRST AID TRAINING PROGRAMS. (a) Not later than July 1 of each even-numbered year for which a local mental health authority or local behavioral health authority will seek a grant from the commission under Section 1001.203, the authority shal…

Sec. 1001.205. REPORTS. (a) Not later than September 30 of each year, a local mental health authority or local behavioral health authority shall provide to the commission the number of: (1) employees and contractors of the authority who were trained as mental health first aid tra…

Sec. 1001.206. LIABILITY. A person who has completed a mental health first aid training program offered by a local mental health authority or local behavioral health authority under this subchapter and who in good faith attempts to assist an individual experiencing a mental healt…

Sec. 1001.207. PROGRAM PROMOTION. (a) The commission shall make available on its official Internet website information about the mental health first aid training program for the purpose of promoting public awareness of the program. An electronic link to an outside source of infor…

Sec. 1001.241. MATERNAL MORTALITY REPORTING AND INVESTIGATION INFORMATION. (a) The department shall post on the department's Internet website information regarding the systematic protocol for pregnancy-related death investigations and the best practices for reporting pregnancy-re…

Sec. 1001.281. DATA COLLECTION AND ANALYSIS REGARDING OPIOID OVERDOSE DEATHS AND CO-OCCURRING SUBSTANCE USE DISORDERS. (a) The executive commissioner shall ensure that data is collected by the department regarding opioid overdose deaths and the co-occurrence of substance use diso…

Sec. 1003.001. ESTABLISHMENT OF ADULT STEM CELL BANK. (a) If the executive commissioner of the Health and Human Services Commission determines that it will be cost-effective and increase the efficiency or quality of health care, health and human services, and health benefits prog…

Sec. 1003.002. GENERAL REQUIREMENTS FOR ADULT STEM CELL USE IN HEALTH CARE. A person using adult stem cells in the provision of health care: (1) must use adult stem cells that are properly manufactured and stored; and (2) may only use adult stem cells in a clinical trial approved…

Sec. 1003.003. ADDITIONAL REQUIREMENTS FOR ADULT STEM CELL USE IN HOSPITALS. A hospital may use adult stem cells in a procedure if: (1) a physician providing services at the hospital determines that the use of adult stem cells in the procedure is appropriate; (2) the patient cons…

Sec. 1003.051. DEFINITIONS. In this subchapter: (1) "Investigational stem cell treatment" means an adult stem cell treatment that: (A) is under investigation in a clinical trial and being administered to human participants in that trial; and (B) has not yet been approved for gene…

Sec. 1003.052. RULES. The executive commissioner shall adopt rules designating the medical conditions that constitute a severe chronic disease or terminal illness for purposes of this subchapter. Added by Acts 2017, 85th Leg., R.S., Ch. 697 (H.B. 810), Sec. 3, eff. September 1, 2…

Sec. 1003.0525. ADMINISTRATION OF SUBCHAPTER. The department shall administer this subchapter. Added by Acts 2019, 86th Leg., R.S., Ch. 1158 (H.B. 3148), Sec. 1, eff. September 1, 2019.

Sec. 1003.0526. INVESTIGATIONAL STEM CELL REGISTRY. The department shall establish and maintain an investigational stem cell registry that lists each physician who administers an investigational stem cell treatment under this subchapter. Added by Acts 2019, 86th Leg., R.S., Ch. 1…

Sec. 1003.053. PATIENT ELIGIBILITY. A patient is eligible to access and use an investigational stem cell treatment under this subchapter if: (1) the patient has a severe chronic disease or terminal illness listed in the rules adopted under Section 1003.052 and attested to by the …

Sec. 1003.054. INFORMED CONSENT. (a) Before receiving an investigational stem cell treatment, an eligible patient must sign a written informed consent. (b) If the patient is a minor or lacks the mental capacity to provide informed consent, a parent, guardian, or conservator may p…

Sec. 1003.055. TREATMENT REQUIREMENTS; TEXAS MEDICAL BOARD RULES. (a) Treatment provided under this subchapter must be: (1) administered directly by a physician certified under Subsection (c); (2) overseen by an institutional review board described by Subsection (d); and (3) prov…

Sec. 1003.056. EFFECT ON OTHER LAW. (a) This subchapter does not affect the coverage of enrollees in clinical trials under Chapter 1379, Insurance Code. (b) This subchapter does not affect or authorize a person to violate any law regulating the possession, use, or transfer of fet…

Sec. 1003.057. ACTION AGAINST PHYSICIAN'S LICENSE PROHIBITED. Notwithstanding any other law, the Texas Medical Board may not revoke, fail to renew, suspend, or take any action against a physician's license under Subchapter B, Chapter 164, Occupations Code, based solely on the phy…

Sec. 1003.058. GOVERNMENTAL INTERFERENCE PROHIBITED. (a) In this section, "governmental entity" means this state or an agency or political subdivision of this state. (b) A governmental entity or an officer, employee, or agent of a governmental entity may not interfere with an eli…

Sec. 1003.059. INSTITUTIONAL REVIEW BOARD DOCUMENTATION; REPORT. (a) An institutional review board overseeing an investigational stem cell treatment under this subchapter shall keep a record on each person to whom a physician administers the treatment and document in the record t…

Sec. 1003.060. CONSTRUCTION OF SUBCHAPTER. This subchapter may not be construed to: (1) prohibit a physician from using adult stem cells for their intended homologous use if the stem cells are: (A) produced by a manufacturer registered by the United States Food and Drug Administr…

Sec. 1101.001. SHORT TITLE. This chapter may be cited as the Texas Environmental, Health, and Safety Audit Privilege Act. Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.002(a), eff. September 1, 2017.

Sec. 1101.002. PURPOSE; CIRCUMVENTION BY RULE PROHIBITED. (a) The purpose of this chapter is to encourage voluntary compliance with environmental and occupational health and safety laws. (b) A regulatory agency may not adopt a rule or impose a condition that circumvents the purpo…

Sec. 1101.003. DEFINITIONS. (a) In this chapter: (1) "Acquisition closing date" means the date on which ownership of, or a direct or indirect majority interest in the ownership of, a regulated facility or operation is acquired in an asset purchase, equity purchase, merger, or sim…

Sec. 1101.004. APPLICABILITY. The privilege established by this chapter applies to environmental or health and safety audits that are conducted on or after May 23, 1995. Added by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.002(a), eff. September 1, 2017.

Sec. 1101.005. RELATIONSHIP TO OTHER RECOGNIZED PRIVILEGES. This chapter does not limit, waive, or abrogate the scope or nature of any statutory or common law privilege, including the work product doctrine and the attorney-client privilege. Added by Acts 2017, 85th Leg., R.S., Ch…

Sec. 1101.051. AUDIT REPORT. (a) An audit report is a report that includes each document and communication, other than those described by Section 1101.102, produced from an environmental or health and safety audit. (b) General components that may be contained in a completed audit…

Sec. 1101.052. PERIOD FOR COMPLETION OF AUDIT. (a) Unless an extension is approved by the governmental entity with regulatory authority over the regulated facility or operation based on reasonable grounds, an environmental or health and safety audit must be completed within a rea…

Sec. 1101.053. CONTINUATION OF AUDIT BEGUN BEFORE ACQUISITION CLOSING DATE. A person that begins an environmental or health and safety audit before becoming the owner of a regulated facility or operation may continue the audit after the acquisition closing date if the person give…

Sec. 1101.101. SCOPE OF PRIVILEGE. (a) An audit report is privileged as provided by this section. (b) Except as provided by Sections 1101.102, 1101.103, and 1101.104, any part of an audit report is privileged and is not admissible as evidence or subject to discovery in: (1) a civ…

Sec. 1101.102. NONPRIVILEGED MATERIALS. (a) The privilege established by Section 1101.101 does not apply to: (1) a document, communication, datum, or report or other information required by a regulatory agency to be collected, developed, maintained, or reported under a federal or…

Sec. 1101.103. EXCEPTION: WAIVER. (a) The privilege established by Section 1101.101 does not apply to the extent the privilege is expressly waived by the owner or operator who prepared the audit report or caused the report to be prepared. (b) Disclosure of an audit report or any …

Sec. 1101.104. EXCEPTION: DISCLOSURE REQUIRED BY COURT OR ADMINISTRATIVE HEARINGS OFFICIAL. (a) A court or administrative hearings official with competent jurisdiction may require disclosure of a portion of an audit report in a civil or administrative proceeding if the court or a…

Sec. 1101.105. REVIEW OF PRIVILEGED DOCUMENTS BY GOVERNMENTAL AUTHORITY. (a) If an audit report is obtained, reviewed, or used in a criminal proceeding, the administrative or civil evidentiary privilege established by Section 1101.101 is not waived or eliminated for any other pur…

Sec. 1101.151. IMMUNITY FOR VIOLATION VOLUNTARILY DISCLOSED. Except as otherwise provided by this subchapter, a person who makes a voluntary disclosure of a violation of an environmental or health and safety law is immune from an administrative or civil penalty for the violation …

Sec. 1101.152. NATURE OF VOLUNTARY DISCLOSURE. (a) A disclosure is voluntary for purposes of this subchapter only if: (1) the disclosure was made: (A) promptly after knowledge of the information disclosed is obtained by the person making the disclosure; or (B) not later than the …

Sec. 1101.153. BURDEN OF PROOF WITH RESPECT TO VOLUNTARY DISCLOSURE. (a) In a civil or administrative enforcement action brought against a person for a violation for which the person claims to have made a voluntary disclosure, the person claiming the immunity created by this subc…

Sec. 1101.154. NOTICE REQUIREMENT. (a) This section does not apply to an environmental or health and safety audit conducted before the acquisition closing date by a person considering the acquisition of the regulated facility or operation that is the subject of the audit. (b) To …