(a) Statutory authority. The Texas Brain Injury Advisory Council (TBIAC) is established under Texas Government Code §531.012 and is subject to §351.801 of this division (relating to Authority and General Provisions).
(b) Purpose. The TBIAC advises the Texas Health and Human Services Commission (HHSC) Executive Commissioner and the Health and Human Services system on strategic planning, policy, rules, and services related to the prevention of brain injury; rehabilitation; and the provision of long-term services and supports for persons who have survived brain injuries to improve their quality of life and ability to function independently in the home and community.
(c) Tasks. The TBIAC performs the following tasks:
  (1) informs state leadership of the needs of persons who have survived a brain injury and their families regarding rehabilitation and the provision of long-term services and supports to improve health and functioning that leads to achieving maximum independence in home and community living and participation;
  (2) encourages research into the causes and effects of brain injuries as well as promising and best practice approaches for prevention, early intervention, treatment and care of brain injuries and the provision of long-term services and supports;
  (3) recommends policies that facilitate the implementation of the most current promising and evidence-based practices for the care, rehabilitation, and the provision of long-term services and supports to persons who have survived a brain injury;
  (4) promotes brain injury awareness, education, and implementation of health promotion and prevention strategies across Texas;
  (5) facilitates the development of partnerships among diverse public and private provider and consumer stakeholder groups to develop and implement sustainable service and support strategies that meet the complex needs of persons who have survived a brain injury and those experiencing co-occurring conditions; and
  (6) adopts bylaws to guide the operation of the TBIAC.
(d) Reporting requirements.
  (1) Reporting to the HHSC Executive Commissioner. By November 1 of each year, the TBIAC files an annual written report with the HHSC Executive Commissioner covering the meetings and activities in the immediately preceding fiscal year and reports any recommendations to the HHSC Executive Commissioner at a meeting of the Texas Health and Human Services Commission Executive Council. The report includes:
    (A) a list of the meeting dates;
    (B) the members' attendance records;
    (C) a brief description of actions taken by the TBIAC;
    (D) a description of how the TBIAC accomplished its tasks;
    (E) a description of activities the TBIAC anticipates undertaking in the next fiscal year;
    (F) recommendations made by the TBIAC, if any;
    (G) recommended amendments to this section; and
    (H) the costs related to the TBIAC, including the cost of HHSC staff time spent supporting the TBIAC's activities and the source of funds used to support the TBIAC's activities.
  (2) Reporting to Texas Legislature. The TBIAC shall submit a written report to the Texas Legislature of any policy recommendations made to the HHSC Executive Commissioner by December 1 of each even-numbered year.
(e) Meetings.
  (1) Open Meetings. The TBIAC complies with the requirements for open meetings under Texas Government Code Chapter 551 as if it were a governmental body.
  (2) Frequency. The TBIAC will meet quarterly.
  (3) Quorum. Eight members constitute a quorum.
(f) Membership.
  (1) The TBIAC is composed of 15 members appointed by the HHSC Executive Commissioner representing the categories below. In selecting members to serve on the TBIAC, HHSC considers the applicants' qualifications, background, geographic location, and interest in serving.
    (A) One representative from acute hospital trauma units.
    (B) One representative from post-acute rehabilitation facilities.
    (C) One representative of a long-term care facility that serves persons who have survived a brain injury.
    (D) One healthcare practitioner or service provider who has specialized training or interest in the prevention of brain injuries or the care, treatment, and rehabilitation of persons who have survived a brain injury.
    (E) One representative of an institution of higher education engaged in research that impacts persons who have survived a brain injury.
    (F) Five persons who have survived a brain injury representing diverse ethnic or cultural groups and geographic regions of Texas, with:
      (i) at least one of these being a transition age youth (age 18-26);
      (ii) at least one of these being a person who has survived a traumatic brain injury; and
      (iii) at least one of these being a person who has survived a non-traumatic brain injury.
    (G) Four family members actively involved in the care of loved ones who have sustained a brain injury, with:
      (i) at least one of these being a person whose loved one has survived a traumatic brain injury; and
      (ii) at least one of these being a person whose loved one has survived a non-traumatic brain injury.
    (H) One representative from the stroke committee of the Governor's Emergency Medical Services (EMS) & Trauma Advisory Council or other stakeholder group with a focus on stroke.
  (2) Members are appointed for staggered terms so that the terms of five, or almost five, members expire on December 31 of each year. Regardless of the term limit, a member serves until his or her replacement has been appointed. This ensures sufficient, appropriate representation.
    (A) If a vacancy occurs, the HHSC Executive Commissioner will appoint a person to serve the unexpired portion of that term.
    (B) Except as may be necessary to stagger terms, the term of each member is three years. A member may apply to serve one additional term.
(g) Officers. The TBIAC selects a chair and vice chair of the TBIAC from among its members. The chair or the vice chair must be a person who has survived a brain injury or a family member actively involved in the care of a loved one who has survived a brain injury.
  (1) The chair serves until December 31 of each even-numbered year. The vice chair serves until December 31 of each odd-numbered year.
  (2) A member may serve up to two consecutive terms as chair or vice chair.
(h) Required Training. Each member must complete training on relevant statutes and rules, including this section and §351.801 of this division; Texas Government Code §531.012, Chapters 551, 552, and 2110; the HHS Ethics Policy; the Advisory Committee Member Code of Conduct; and other relevant HHS policies. Training will be provided by HHSC.
(i) Travel Reimbursement. To the extent permitted by the current General Appropriations Act, a member of the TBIAC may be reimbursed for their travel to and from meetings if funds are appropriated and available and in accordance with the HHSC Travel Policy.
(j) Date of abolition. The TBIAC is abolished and this section expires on July 1, 2028, in compliance with Texas Government Code §2110.008(b).

Source Note: The provisions of this §351.825 adopted to be effective July 1, 2016, 41 TexReg 4432; amended to be effective July 1, 2020, 45 TexReg 3617; amended to be effective June 17, 2024, 49 TexReg 4427