| (a) A health authority must be appointed in a municipality
or county that has established a local health department or public
health district.
(1) The director of a local health department or public
health district, if the director is a physician, shall be the health
authority within the jurisdiction of the local health department or
public health district.
(2) If a non-physician serves as the director of a
local health department or public health district, the director shall
appoint a physician to serve as the health authority within the jurisdiction
of such local health department or public health district, subject
to the approval of the governing body of the local health department
or public health district. No action is required by the department
to further approve the appointment.
(b) A health authority may be appointed, but is not
required to be appointed, in a municipality or county that has not
established a local health department or public health district. The
governing body of the municipality or the commissioners court of the
county may appoint the health authority within its jurisdiction.
(c) A health authority serves for a term of two years
and may be appointed to successive terms.
(d) A regional director of the department shall perform
the duties of a health authority when there is no health authority
for a municipality, county, public health district, or entity authorized
to appoint a health authority in a jurisdiction in the regional director's
region.
(e) A regional director of the department may perform
some or all of the duties of a health authority, if an appointed health
authority fails to perform duties prescribed by the department in
this section. At the request of the appointing authority, a regional
director may serve as a health authority because of the absence or
incapacity of the appointed health authority. No action by the department
is necessary to further approve a regional director's performance
or service.
(f) A health authority shall perform each duty that
is necessary to implement and enforce a law to protect the public
health, as stated in the Texas Health and Safety Code, §121.024.
(g) An appointed health authority shall take the official
oath required by the Texas Constitution, Article 16, §1, including
the statement of appointed officer, and file a copy of the oath and
appointment with the appropriate regional office within 10 working
days of the date of taking the oath.
(h) If a health authority ceases to hold office for
any reason, the appointing authority shall immediately notify the
department and appropriate regional director. When a new health authority
has been appointed, the person takes the action outlined in subsection
(g) of this section and notifies the appropriate regional office of
the change.
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