(a) Statutory authority. The Behavioral Health Advisory Committee (BHAC) is established under Texas Government Code, §531.012 in accordance with the State's obligations under 42 U.S.C. §300x-3, and is subject to §351.801 of this subchapter (relating to Authority and General Provisions).
(b) Purpose. The BHAC advises the HHSC Executive Commissioner on mental health and substance use disorder services in Texas.
(c) Tasks. The BHAC considers and makes recommendations to the Executive Commissioner consistent with the committee's purpose.
(d) Reporting requirements. The BHAC submits an annual written report to the Executive Commissioner and the Texas Legislature of any policy recommendations made to the Executive Commissioner.
(e) Open meetings. The BHAC complies with the requirements for open meetings under Texas Government Code, Chapter 551.
(f) Membership. The BHAC is composed of 19 voting members appointed by the Executive Commissioner and one ex officio member.
  (1) The BHAC consists of representatives of the following constituencies:
    (A) one adult who received, or is receiving, services for mental health or co-occurring mental health and substance use issues;
    (B) one adult who received, or is receiving, services for substance use or co-occurring mental health and substance use issues;
    (C) one youth/young adult who received, or is receiving, services for mental health, substance use, or co-occurring mental health and substance use issues;
    (D) one family representative of someone who has received, or is receiving services for mental health, substance use, or co-occurring mental health and substance use issues;
    (E) one parent of a child who has received, or is receiving, services for serious emotional disturbance;
    (F) one certified peer provider;
    (G) one representative nominated by the Texas Council of Community Centers;
    (H) one representative nominated by the Association of Substance Abuse Programs;
    (I) two independent community behavioral health service providers, one of which provides services to families;
    (J) two behavioral health advocates or representatives of behavioral health advocacy organizations;
    (K) one representative from a faith-based community organization;
    (L) one representative of a managed care organization that contracts with HHSC;
    (M) two representatives of local government;
    (N) one representative from a federally recognized Native American tribe located in Texas (Alabama-Coushatta Tribe of Texas, The Kickapoo Traditional Tribe of Texas, or Ysleta Del Sur Pueblo); and
    (O) up to two additional members who have demonstrated an interest in mental and substance use disorders health systems and a working knowledge of mental and substance use disorder health issues.
  (2) A member of the Statewide Behavioral Health Coordinating Council, representing state agencies providing behavioral health services or funding, will serve as a non-voting, ex officio member.
  (3) Members are appointed for staggered terms so that the terms of an equal or almost equal number of members expire on August 31st of each year. Each member is appointed to serve a term of three years. Regardless of term limit, a member serves until his or her replacement has been appointed. This ensures sufficient, appropriate representation.
  (4) If a vacancy occurs, a person is appointed to serve the unexpired portion of that term.
  (5) This subsection does not apply to ex officio members, who serve at the pleasure of the Executive Commissioner.
(g) Presiding officers. The BHAC selects a chair and co-chair of the committee from its members.
  (1) Unless reelected, the chair and co-chair each serve a term of one year.
  (2) A member serves no more than two consecutive terms as chair or co-chair. A chair or co-chair may not serve beyond their membership term.
(h) Required Training. Each member shall complete all training on relevant statutes and rules, including this section and §351.801 of this subchapter and Texas Government Code, §531.012, and Chapters 551 and 2110. Training will be provided by HHSC.
(i) Date of abolition. The BHAC is required by federal law and will continue as long as the federal law that requires it remains in effect.

Source Note: The provisions of this §351.807 adopted to be effective July 1, 2016, 41 TexReg 4432; amended to be effective October 17, 2022, 47 TexReg 6825