Current through Reg. 49, No. 38; September 20, 2024
(a) The committee. The Texas School Health
Advisory Committee (committee) shall be appointed under and governed by this
section.
(b) Applicable law. Texas
Government Code, §
2110.008, does not
apply to a committee created under this section. The committee is subject to
the Texas Health and Safety Code, §
1001.0711,
concerning the School Health Advisory Committee and the Texas Education Code,
§
38.104(c).
(c) Purpose. The purpose of the committee is
to provide assistance in establishing a leadership role for the Department of
State Health Services (department) in support for and delivery of coordinated
school health programs and school health services. In addition, the committee
is to review the analysis of the required student physical fitness assessment
adopted by the Texas Education Agency (TEA) and develop recommendations as
outlined in Texas Education Code, §
38.104(c).
(d) Composition.
(1) The committee shall be composed of one
representative from the Texas Department of Agriculture (TDA), appointed by the
Commissioner of Agriculture; one representative from TEA, appointed by the
Commissioner of Education; the department's School Health Program Coordinator
or other department representative; and 17 members appointed by the Executive
Commissioner of the Health and Human Services Commission (commission) which
shall consist of:
(A) two individuals
representing school superintendents, assistant superintendents, school
principals, assistant principals, or school district board members;
(B) one registered nurse working in a school
as a school nurse or school nurse administrator;
(C) five consumer members who are parents of
school-age children with at least one parent of a child with special
needs;
(D) one physician, or
physician's assistant, or nurse practitioner currently providing health
services to school-aged children;
(E) one representative working in a school as
a school counselor with certification as a school counselor;
(F) four members representing a nonprofit or
not-for-profit entity directly working with schools or school-aged children to
support student learning, development, mental health, substance abuse, and
health-related activities with no more than one member representing an
institution of higher education;
(G) one representative working in a school as
a physical educator or physical education administrator with certification as a
physical educator;
(H) one
representative working in a school as a health educator or health education
administrator with certification as a health educator; and
(I) one representative working in the school
setting as part of the district's school nutrition program.
(2) In an effort to build a
committee reflective of the current Texas population, special consideration
will be given to:
(A) race, gender, age, and
ethnic diversity;
(B) urban, rural,
and suburban diversity; and
(C) a
broad statewide geographic representation whenever possible.
(3) Membership appointments shall
include one alternate member for each appointed position. The alternate will
automatically be appointed as a member if the designated appointee is unable or
unwilling to fulfill that role; or, whenever there is a vacancy. The appointed
alternate will perform the same duties and have the same privileges as the
appointed member in fulfilling the unexpired term.
(e) Terms of office. The term of office of
each member shall be four years. Members shall serve after expiration of their
term until a replacement is appointed.
(1)
Members shall be appointed for staggered terms so that the terms of a
substantially equivalent number of members will expire on July 31 of each
year.
(2) A member whose term is
expiring has the option to apply for appointment for one additional
term.
(f) Officers. The
committee members shall elect a presiding officer and an assistant presiding
officer to begin serving a two-year term on August 1 of their term.
(1) Each officer shall serve until July 31 of
their two-year term.
(2) The
presiding officer shall preside at all committee meetings at which he or she is
in attendance, call meetings in accordance with this section, appoint
subcommittees of the committee as, necessary. The presiding officer may serve
as an ex-officio member of any subcommittee of the committee.
(3) The assistant presiding officer shall act
for the presiding officer during the presiding officer's absence and shall
assume the office of presiding officer in the event of a vacancy.
(4) If the office of assistant presiding
officer becomes vacant, it may be filled by a vote of the committee.
(5) A member shall serve no more than two
terms as an officer.
(6) The
committee may reference its officers by other terms, such as chairperson and
vice-chairperson.
(g)
Meetings. The committee shall meet at least twice each year.
(1) A meeting may be called by agreement of
the department staff and either the presiding officer or at least three members
of the committee.
(2) The
department shall make meeting arrangements and shall contact committee members
to determine availability for a meeting date and place.
(3) Meetings shall be announced and conducted
in accordance with the Open Meetings Act, Texas Government Code, Chapter
551.
(4) Each member of the
committee shall be informed of a committee meeting at least ten working days
before the meeting.
(5) A simple
majority 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 item entitled public comment under which any person will be
allowed to address the committee on matters relating to committee business. The
presiding officer may establish procedures for public comment, including a time
limit on each comment.
(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 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, is absent for more than
half of the committee and subcommittee meetings during a calendar year, or is
absent from at least three consecutive committee meetings. If the absences are
determined to be reasonable, the member shall remain on the
committee.
(3) If a member is
removed from the committee before the end of the member's term, the alternate
appointee for the position will serve out the remaining portion of the
term.
(4) The validity of an action
of the committee is not affected by the fact that it is taken when grounds for
removal of a member exist.
(i) Staff. The department shall provide
administrative support for the committee.
(j) Procedures. Roberts Rules of Order, Newly
Revised, shall be the basis of parliamentary decisions except where otherwise
provided by law or rule.
(1) Any committee
action must be approved with a quorum present and by a majority vote or
consensus of the members present.
(2) Any committee recommendations must be
adopted pursuant to a simple majority vote on a motion duly made and
seconded.
(3) Each member shall
have one vote.
(4) A member may not
authorize another individual to represent the member by proxy with the
exception of the TDA, TEA, and department representatives appointed by the
commissioners of these agencies. The commissioners of these agencies may
appoint alternates to attend and vote.
(5) 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.
(6) Minutes of each
committee meeting shall be taken by the department staff.
(A) After approval by the committee, the
minutes shall be signed by the presiding officer.
(B) A copy of the minutes approved by the
committee and signed by the presiding officer shall be posted to the
department's website at dshs.texas.gov within 30 days of approval and
signature. Committee members will receive minutes of each meeting at least five
days before the following meeting.
(k) Subcommittees. The committee may
establish subcommittees as necessary to assist the committee in carrying out
its duties.
(1) The presiding officer shall
ask for volunteers and appoint members of the committee to serve on
subcommittees and to act as subcommittee chairpersons.
(2) Subcommittees shall meet when called by
the subcommittee chairperson or when so directed by the committee.
(3) A subcommittee chairperson shall make
regular reports to the committee at each of its meetings 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 commission, 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 commission, department, or committee.
(2) The committee and its members may not
participate in legislative or advocacy activities in the name of the
commission, 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. The
committee will make recommendations per statutory requirements.
(m) Reports to commissioner of the
department. The committee shall file an annual written report of the
committee's activities to the commissioner according to department policy. The
committee shall post the meeting dates of the committee and any subcommittees,
meeting agendas, and meeting minutes on the department's website at
dshs.texas.gov.
(n) Reimbursement
for expenses. In accordance with the requirements set forth in the Texas
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 budget
execution process.
(1) No compensatory per
diem shall be paid to 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 eligible to be reimbursed for expenses shall submit to
department staff the member's receipts for allowable expenses as determined by
school health program guidelines, and any required official forms not later
than 14 days after each committee meeting.
(4) Requests for reimbursement of expenses
shall be made on official state vouchers prepared by department
staff.
