(a) Committee. The committee is established by the department under Health and Safety Code, §48.101.
(b) Applicable law. The committee is subject to Government Code, Chapter 2110, concerning state agency advisory committees. In accordance with Section 2110.006, the department evaluates the committee annually. If the committee is not continued or consolidated, the committee shall be abolished on August 31, 2023.
(c) Purpose and tasks.
  (1) The committee shall advise the department and the commission on the implementation of standards, guidelines, and requirements relating to the training and regulation of persons working as promotores or community health workers.
  (2) The committee shall advise the department on matters related to the employment and funding of promotores or community health workers.
  (3) The committee shall provide to the department recommendations for a sustainable Program for promotores or community health workers.
(d) Composition. The committee shall be composed of nine members appointed by the Commissioner from the following categories:
  (1) five promotores or community health workers currently certified by the department;
  (2) one public member, which may include a consumer of community health worker services or a person with paid or volunteer experience in community health care or social services;
  (3) one member from the Higher Education Coordinating Board, or a higher education faculty member who has teaching experience in community health, public health or adult education and has trained promotores or community health workers; and
  (4) two professionals who work with promotores or community health workers in a community setting, including employers and representatives of non-profit community-based organizations or faith-based organizations.
(e) Terms of office. The term of office of each member shall be three years, and a member may apply to be reappointed for up to one additional term.
  (1) If a vacancy occurs, a person shall be appointed to serve the unexpired portion of that term.
  (2) Members shall be appointed for staggered terms so that the terms of three members will expire on August 31st of each year.
(f) Officers. The Commissioner shall appoint a member of the advisory committee as presiding officer after August 31st of each year.
  (1) The committee may elect a member of the advisory committee as an assistant presiding officer.
  (2) An officer position, either presiding or assistant presiding officer, must be occupied by a promotor(a) or a community health worker member.
  (3) Each officer shall serve until the next appointment of officers.
  (4) The presiding officer shall preside at all committee meetings at which the presiding officer is in attendance, call meetings in accordance with this section, appoint subcommittees of the committee as necessary, and cause proper reports to be made to the Executive Commissioner. The presiding officer may serve as an ex-officio member of any subcommittee of the committee.
  (5) The assistant presiding officer shall perform the duties of the presiding officer in case of the absence or disability of the presiding officer. In case the office of presiding officer becomes vacant, the assistant presiding officer will serve until the Commissioner appoints a successor to complete the unexpired portion of the term of the office of presiding officer.
  (6) A member shall serve no more than two consecutive terms as an officer of the committee.
  (7) The committee may reference its officers by other terms, such as chairperson and vice-chairperson.
(g) Meetings. The committee shall meet quarterly to conduct committee business.
  (1) A meeting may be called by agreement of department staff and either the presiding officer or at least three members of the committee.
  (2) Department staff makes meeting arrangements and contacts committee members to determine availability for a meeting date and place.
  (3) Each meeting of the committee shall be announced and conducted in accordance with the Open Meetings Act, Government Code, Chapter 551. The committee is not a "governmental body" as defined in the Open Meetings Act. Meetings may be conducted in person, through conference call, or by means of other technology.
  (4) Each member of the committee shall be informed of a committee meeting at least five working days before the meeting.
  (5) Five members of the committee shall constitute a quorum for the purpose of transacting official business.
  (6) The committee is authorized to transact official business only when in a legally constituted meeting with a quorum present, as specified in paragraph (3) of this subsection.
  (7) The agenda for each committee meeting shall include an item entitled public comment under which any person will be allowed to address the committee on matters relating to the business of the committee. Public comment procedures shall be in accordance with Health and Human Services policy.
(h) Attendance. Members shall attend committee meetings as scheduled. Members shall attend meetings of subcommittees to which the member is assigned.
  (1) A member shall notify the presiding officer or appropriate department staff if a member is unable to attend a scheduled meeting.
  (2) It is grounds for removal from the committee if a member:
    (A) cannot discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability;
    (B) is absent from more than half of the committee and subcommittee meetings during a calendar year; or
    (C) is absent from three consecutive committee meetings.
  (3) The validity of an action of the committee is not affected by the fact that it is taken when a ground for removal of a member exists.
(i) Staff. The department provides staff support for the committee.
(j) Procedures. Committee bylaws shall be the basis of parliamentary decisions except where otherwise provided by law or rule.
  (1) An action taken by the committee must be approved by a majority vote of the members voting once quorum is established.
  (2) Each member shall have one vote.
  (3) A member may not authorize another person to represent the member by proxy.
  (4) The committee shall make decisions in the discharge of its duties without discrimination based on any person's race, creed, gender, religion, national origin, age, physical condition, or economic status.
  (5) The department staff will take minutes of each committee meeting and the committee will review the minutes for possible approval at the next scheduled meeting.
(k) Subcommittees. The committee may establish subcommittees as necessary to assist the committee in carrying out its duties.
  (1) The presiding officer shall appoint members of the committee to serve on subcommittees and to act as subcommittee chairpersons. The presiding officer may also appoint nonmembers of the committee to serve on subcommittees. Subcommittee members shall serve for a term of one year expiring August 31.
  (2) Subcommittees shall be composed of no more than four members of the committee and no more than three nonmembers. The committee shall maintain a roster of each subcommittee.
  (3) Subcommittees shall meet when called by the subcommittee chairperson or when so directed by the committee.
  (4) A subcommittee chairperson shall make regular reports to the advisory committee at each committee meeting or in interim written reports as needed. The reports shall include an executive summary or minutes of each subcommittee meeting.
(l) Statement by members.
  (1) The Executive Commissioner, the Commissioner, the department, and the committee shall not be bound in any way by any statement or action on the part of any committee member except when a statement or action is in pursuit of specific instructions from the Executive Commissioner, the Commissioner, the department, or committee.
  (2) The committee and its members shall follow the policy and provisions as outlined in the statement by members document in accordance with adopted committee bylaws.
(m) Reports. The committee shall prepare and file an annual written report with the Commissioner.
  (1) The report shall list:
    (A) the meeting dates of the committee and any subcommittees;
    (B) the attendance records of its members;
    (C) a brief description of actions taken by the committee;
Cont'd...
(D) a description of how the committee has accomplished the tasks given to the committee by the department and the commission;
    (E) anticipated activities of the committee for the next year; and
    (F) any amendments to this section requested by the committee.
  (2) The report shall identify the costs related to the committee.
  (3) The report shall cover the meetings and activities in the immediate preceding calendar year and shall be filed with the Commissioner by April 30 of each year.
(n) Reimbursement for expenses. In accordance with the requirements set forth in the Government Code, Chapter 2110, a committee member may receive reimbursement for the member's travel expenses incurred for each day the member engages in official committee business if authorized by the General Appropriations Act or budget execution process. The committee shall follow reimbursement requirements as outlined in the committee bylaws.

Source Note: The provisions of this §146.3 adopted to be effective August 20, 2019, 44 TexReg 4317