(a) The committee. An advisory committee shall be appointed under and governed by this section.
  (1) The name of the advisory committee shall be the State Preventive Health Advisory Committee (committee).
  (2) The committee is established under Health and Safety Code, §11.016, which authorizes the Executive Commissioner of the Health and Human Services Commission to establish advisory committees and is required by 42 USC §300w-4.
(b) Applicable law. The committee is subject to the Government Code, Chapter 2110, concerning state agency advisory committees.
(c) Purpose. The purpose of the committee is to carry out the tasks outlined in 42 USC §300w-4(d) regarding formulation of an annual state plan for the Preventive Health and Health Services Block Grant (PHHSBG).
(d) Tasks.
  (1) The committee shall make recommendations to the Department of State Health Services (department) regarding the development and implementation of a state plan, including recommendations on:
    (A) the conduct of assessments of the public health;
    (B) which of the activities authorized in 42 USC §300w-3 should be carried out in the state;
    (C) the allocation of payments made to the state under 42 USC §300w-2;
    (D) the coordination of activities carried out under the state plan with relevant programs of other entities; and
    (E) the collection and reporting of data in accordance with 42 USC §300w-5(a).
  (2) The committee shall carry out any other tasks assigned by the board.
(e) Committee abolished. The committee may not be abolished unless the department ceases to receive Preventive Health and Health Services Block Grant funds or federal law relating to the block grant is amended to no longer require a committee. The date on which the committee shall be abolished is the date of the occurrence of the earlier of these events.
(f) Composition. The committee shall be composed of eight members.
  (1) The composition of the committee shall include three consumer representatives and five non-consumer representatives.
  (2) The members of the committee shall be appointed by the Executive Commissioner of the Health and Human Services Commission as follows:
    (A) three consumers representing the interests of the general public;
    (B) five non-consumer members, including the following:
      (i) the Commissioner of the department;
      (ii) the PHHSBG Coordinator;
      (iii) one department regional director;
      (iv) one official of a local health department; and
      (v) one representative from a Texas school of public health.
(g) Terms of office. The term of office of each member shall be six years.
  (1) Members shall be appointed for staggered terms so that the terms of two members will expire on December 31 of each even-numbered year.
  (2) If a vacancy occurs, a person shall be appointed to serve the unexpired portion of that term.
(h) Officers.
  (1) The Commissioner of the department serves as the presiding officer of the committee. The presiding officer shall preside at all committee meetings at which he or she is in attendance, call meetings in accordance with this section, and cause proper reports to be made to the federal funding agency.
  (2) The committee shall select from its members an assistant presiding officer. The assistant presiding officer shall perform the duties of the presiding officer in case of the absence of the presiding officer.
  (3) If the office of assistant presiding officer becomes vacant, it may be filled by vote of the committee.
  (4) The committee may reference its officers by other terms, such as chairperson and vice-chairperson.
(i) Meetings. The committee shall meet not less than twice each federal fiscal year.
  (1) A meeting may be called by agreement of department staff and either the presiding officer or assistant presiding officer.
  (2) Meeting arrangements shall be made by department staff. Department staff shall contact committee members to determine availability for a meeting date and place.
  (3) The committee is not a "governmental body" as defined in the Open Meetings Act. However, in order to promote public participation, each meeting of the committee shall be announced and conducted in accordance with the Open Meetings Act, Texas Government Code, Chapter 551, with the exception that the provisions allowing executive sessions shall not apply.
  (4) Each member of the committee shall be informed of a committee meeting at least five working days before the meeting.
  (5) A simple majority of the 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.
  (7) The agenda for each committee meeting shall include an opportunity for any person to address the committee on matters relating to committee business. The presiding officer may establish procedures for such public comment, including a time limit on each comment.
(j) Attendance. Members shall attend committee meetings as scheduled.
  (1) A member shall notify the presiding officer or appropriate department staff if he or she is unable to attend a scheduled meeting.
  (2) It is grounds for removal from the committee if a member cannot discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability or is absent from at least four 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.
(k) Staff. Staff support for the committee shall be provided by the department.
(l) Procedures. Roberts Rules of Order, Newly Revised, shall be the basis of parliamentary decisions except where otherwise provided by law or rule.
  (1) Any action taken by the committee must be approved by a majority vote of the members present once quorum is established.
  (2) Each member shall have one vote.
  (3) A member may not authorize another individual 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) Minutes of each committee meeting shall be compiled by department staff.
    (A) A draft of the minutes approved by the presiding officer shall be provided to the board and each member of the committee within 30 days of each meeting.
    (B) After approval by the committee, the minutes shall be signed by the presiding officer.
(m) Statement by members.
  (1) 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 department or committee.
  (2) The committee and its members may not participate in legislative activity in the name of the department or the committee except with approval through the department's legislative process. Committee members are not prohibited from representing themselves or other entities in the legislative process.
  (3) A committee member should not accept or solicit any benefit that might reasonably tend to influence the member in the discharge of the member's official duties.
  (4) A committee member should not disclose confidential information acquired through his or her committee membership.
  (5) A committee member should not knowingly solicit, accept, or agree to accept any benefit for having exercised the member's official powers or duties in favor of another person.
  (6) A committee member who has a personal or private interest in a matter pending before the committee shall publicly disclose the fact in a committee meeting and may not vote or otherwise participate in the matter. The phrase "personal or private interest" means the committee member has a direct pecuniary interest in the matter but does not include the committee member's engagement in a profession, trade, or occupation when the member's interest is the same as all others similarly engaged in the profession, trade, or occupation.
(n) Reports to the Center for Consumer and External Affairs (CCEA). The committee shall file an annual written report with the CCEA.
Cont'd...
(1) The report shall list the meeting dates of the committee, the attendance records of its members, a brief description of actions taken by the committee, a description of how the committee has accomplished the tasks given to the committee, the status of any rules which were recommended by the committee, and anticipated activities of the committee for the next year.
  (2) The report shall identify the costs related to the committee's existence, including the cost of agency staff time spent in support of the committee's activities and the source of funds used to support the committee's activities.
  (3) The report shall cover the meetings and activities in the immediately preceding fiscal year and shall be filed with the CCEA each October. The report shall be signed by the commissioner.
(o) 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 expenses incurred for each day the member engages in official committee business if authorized by the General Appropriations Act or the budget execution process.
  (1) No compensatory per diem shall be paid to committee members unless required by law.
  (2) A committee member who is an employee of a state agency, other than the department, may not receive reimbursement for expenses from the department.
  (3) Each member who is to be reimbursed for expenses shall submit to staff the member's receipts for expenses and any required official forms no later than 14 days after each committee meeting.
  (4) Requests for reimbursement of expenses shall be made on official state travel vouchers prepared by department staff.

Source Note: The provisions of this §84.1 adopted to be effective March 23, 2003, 28 TexReg 2333; amended to be effective November 29, 2007, 32 TexReg 8506