Current through Reg. 49, No. 38; September 20, 2024
(a) The
Preparedness Coordinating Council (PCC).
(1)
The PCC shall be appointed under and governed by this section.
(2) The PCC is established under the Health
and Safety Code, §
11.016,
which authorizes the Health and Human Services Commission (commission) to
establish advisory committees and Title
42 United States Code
§247d -
3a(b) which
requires an advisory committee (or similar mechanism) to obtain input on
preparedness planning.
(b) Applicable law. The PCC is subject to the
Government Code, Chapter 2110, concerning state agency advisory
councils.
(c) Purpose. The purpose
of the PCC is to advise and assist the Department of State Health Services
(department) as a multidisciplinary strategic review forum concerning topics
related to preparedness, response, recovery, and mitigation activities in Texas
at the state-level as they pertain to Emergency Support Function (ESF)-8
(Public Health and Medical).
(d)
Tasks.
(1) The PCC will assist the department
by providing strategic guidance to promote better consensus and coordination of
state and local efforts to improve public health and medical
preparedness.
(2) The PCC shall
carry out any other tasks assigned by the department as part of department's
strategic and operational planning processes.
(e) Composition. The PCC shall be composed of
no fewer than 18 external members and no more than six ad hoc internal
department members, so long as total membership does not exceed 24 total
members.
(1) The composition of the external
membership shall reflect a broad spectrum of key preparedness
partners.
(2) The external members
of the PCC shall be appointed by the Executive Commissioner of the Health and
Human Services Commission (commission).
(f) Terms of office. The term of office of
each member shall be six years. Members shall be appointed for staggered terms
so that the terms of six members will expire on December 31 of each
even-numbered year.
(g) Officers.
The PCC shall select from its members the presiding officer and an assistant
presiding officer.
(1) The presiding officer
shall serve until December 31 of each even-numbered year. The assistant
presiding officer shall serve until December 31 of each odd-numbered year. Both
the presiding officer and the assistant presiding officer may holdover until
his or her replacement is elected by the PCC.
(2) The presiding officer shall preside at
all PCC meetings which he or she attends, call meetings in accordance with this
section, appoint subcommittees of the PCC as necessary, and cause proper
reports to be made to the department. The presiding officer may serve as an
ex-officio member of any subcommittee of the PCC.
(3) If the office of presiding officer or
assistant presiding officer becomes vacant, it may be filled by vote of the
PCC.
(4) A member shall serve no
more than two consecutive terms as presiding officer or assistant presiding
officer.
(5) The PCC may reference
its officers by other terms, such as chairperson and
vice-chairperson.
(h)
Meetings. The PCC shall meet as necessary as determined by the department, but
no less than quarterly, to conduct business.
(1) A meeting may be called by agreement of
department staff and either the presiding officer or at least three members of
the PCC.
(2) Meeting arrangements
shall be made by department staff. Department staff shall contact PCC members
to determine availability for a meeting date and place.
(3) The PCC is not a "governmental body" as
defined in the Open Meetings Act.
(4) Each member of the PCC shall be informed
of a PCC meeting at least five working days before the meeting.
(5) A simple majority of the appointed
external members of the PCC shall constitute a quorum for the purpose of
transacting official business.
(6)
The PCC is authorized to transact official business only when in a legally
constituted meeting with a quorum present.
(7) The agenda for each PCC meeting shall
include an opportunity for new business or for any member to address the PCC on
matters relating to PCC business.
(i) Attendance. Members shall attend PCC
meetings as scheduled.
(1) A member shall
notify the appropriate department staff or presiding officer if he or she is
unable to attend a scheduled meeting.
(2) PCC members who anticipate the inability
to attend or have the need to be represented by an alternate for more than half
of the PCC and subcommittee meetings in a 12-month period, should notify their
agency of the need to nominate a replacement representative for the duration of
their term.
(3) The validity of an
action of the PCC is not affected by the fact that it is taken when a ground
for removal of a member exists.
(j) Staff. Staff support for the PCC shall be
provided by the department or its contractors.
(k) Procedures. Roberts Rules of Order, Newly
Revised, shall be the basis of parliamentary decisions except where otherwise
provided by law or rule.
(1) Any formal
statement, recommendation, or agency level concern taken by the PCC must be
approved by a majority vote of the external members present once a quorum is
established.
(2) Each external
member shall have one vote. Ad hoc members and proxies may not vote.
(3) The PCC 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 and shall strive to consider the needs of populations with functional
and access needs in their deliberations.
(4) Minutes of each PCC meeting shall be
taken by department staff or its contractors.
(A) A draft of the minutes approved by the
presiding officer shall be provided to the department and each member of the
PCC within 30 days of each meeting.
(B) After approval by the PCC, the minutes
shall be signed by the presiding officer.
(l) Statement by members.
(1) The commission, the department, and the
PCC shall not be bound in any way by any statement, recommendation, or action
on the part of any PCC member except when a statement or action is in pursuit
of specific instructions from the commission, department, or PCC.
(2) The PCC and its members may not
participate in legislative activity in the name of the commission, the
department, or the PCC except with approval through the department's
legislative process. PCC members are not prohibited from representing
themselves or other entities in the legislative process.
(3) A PCC 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 PCC member should not disclose
confidential information acquired through his or her membership.
(5) A PCC 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 PCC member who has a personal or
private interest in a matter pending before the department shall publicly
disclose the fact in a council meeting and may not vote or otherwise
participate in the matter. The phrase "personal or private interest" means the
member has a direct pecuniary interest in the matter but does not include the
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.
(m)
Reports to the department. The PCC shall file an annual written report with the
department.
(1) The report shall list the
meeting dates of the PCC, the attendance records of its members, a brief
description of actions taken by the PCC, a description of how the PCC has
accomplished the tasks given to the PCC by the department, the status of any
rules which were recommended by the PCC to the department, and anticipated
activities of the PCC for the next year.
(2) The report shall identify the costs
related to the PCC's existence, including the cost of agency staff time spent
in support of the PCC's activities and the source of funds used to support the
PCC's activities.
(3) The report
shall cover the meetings and activities in the immediately preceding fiscal
year and shall be filed with the department each January. The report shall be
signed by the presiding officer.
(n) Reimbursement for expenses. In accordance
with the requirements set forth in the Government Code, Chapter 2110, a PCC
member may receive reimbursement for the member's expenses incurred for each
day the member engages in official PCC business if authorized by the General
Appropriations Act or the budget execution process.
(1) No compensatory per diem shall be paid to
PCC members unless required by law.
(2) A PCC 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 department
staff the member's receipts for expenses and any required official forms no
later than 14 days after each PCC meeting.
(4) Requests for reimbursement of expenses
shall be made on official state travel vouchers prepared by department
staff.
