Texas Health and Safety Code 534.038 – Appointment of Manager or Management Team
(a) Each appropriate commissioner may appoint a manager or management team to manage and operate a community center if the commissioner finds that the center or an officer or employee of the center:
(1) intentionally, recklessly, or negligently failed to discharge the center’s duties under a contract with that department;
(2) misused state or federal money;
(3) engaged in a fraudulent act, transaction, practice, or course of business;
(4) endangers or may endanger the life, health, or safety of a person served by the center;
(5) failed to keep fiscal records or maintain proper control over center assets as prescribed by Chapter 783, Government Code;
(6) failed to respond to a deficiency in a review or audit;
(7) substantially failed to operate within the functions and purposes defined in the center’s plan; or
(8) otherwise substantially failed to comply with this subchapter or rules of that department.
(b) Each appropriate department shall give written notification to the center and local agency or combination of agencies responsible for making appointments to the local board of trustees regarding:
(1) the appointment of the manager or management team; and
(2) the circumstances on which the appointment is based.
Terms Used In Texas Health and Safety Code 534.038
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Contract: A legal written agreement that becomes binding when signed.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) Each appropriate commissioner may require the center to pay costs incurred by the manager or management team.
(d) The center may appeal a commissioner’s decision to appoint a manager or management team as prescribed by rules of that department. The filing of a notice of appeal stays the appointment unless the commissioner based the appointment on a finding under Subsection (a)(2) or (4).