Health and Safety Code § 121.046

Sec. 121.046. PUBLIC HEALTH BOARD. (a) The cooperative agreement of a public health district may provide for the creation of an advisory or administrative public health board. (b) An advisory public health board shall advise the members and director on matters of public health. (c) An administrative public health board may adopt substantive and procedural rules that are necessary and appropriate to promote and preserve the health and safety of the public. However, an administrative board may not adopt a rule that is not specifically authorized by state law, conflicts with a law of this state, or conflicts with an ordinance of a municipality or county in the district. (d) A public health board may perform any function relating to the operation of the public health district that is required under the cooperative agreement. (e) The terms of a cooperative agreement that provides for a public health board must include: (1) the composition and number of the representatives that compose the public health board; (2) a method for appointing representatives to the public health board; (3) the length of the representatives' terms, which must be staggered; (4) a requirement that a representative must have resided in the district for at least three years before the date of the representative's appointment; (5) a requirement that each representative serve without compensation; (6) the manner in which a vacancy is filled for an unexpired term; (7) the procedure and substantive criteria for the removal of a representative; and (8) a description of the relationship between the director and the public health board. (f) The director is an ex officio, nonvoting member of a public health board established by the cooperative agreement. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.