- (a) The powers and duties of the Board of Health (board) under this section are subject to the authority of the Health and Human Services Commission (commission) under Government Code, Chapter 531 and the memorandum of understanding between the commission and the board.
- (b) The Health and Safety Code provides that the board was established to better protect and promote the health of the people of the State of Texas and have general supervision and control over all matters relating to the health of the people of the State of Texas.
- (c) The board, in discharging its legal responsibilities as the Texas Department of Health's (department) governing body, shall establish rules, policies, and procedures, which shall provide the commissioner of health with the authority and direction to administer the department's services, programs, and activities.
- (d) The board may delegate or assign to the commissioner, or to the person acting as commissioner in the commissioner's absence, any power or duty imposed by law on the board, including the authority to issue final orders and make decisions; however, the board may not delegate to the commissioner the power or duty to adopt rules.
- (e) The board shall supervise the commissioner's administration and enforcement of federal and state health laws and implementation of the powers and duties delegated or assigned by the board or by the commission to the commissioner.
Source Note:The provisions of this §1.4 adopted to be effective January 11, 1994, 19 TexReg 80; amended to be effective August 16, 2000, 25 TexReg 7698.