PART 1. DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 1. MISCELLANEOUS PROVISIONS
SUBCHAPTER L. MEDICAL ADVISORY BOARD
The Executive Commissioner of the Texas Health and Human Services Commission, on behalf of the Department of State Health Services (DSHS), proposes the repeal of §1.151, concerning Definitions, and §1.152, concerning Operation of the Medical Advisory Board (MAB); and new §1.151, concerning Definitions, and §1.152, concerning Operation of the Medical Advisory Board (MAB).
BACKGROUND AND PURPOSE
The purpose of the proposal is to update the definitions, content, and processes of the Medical Advisory Board (MAB) and clarify compensation for MAB members.
The proposed repeals and new §1.151 and §1.152 are necessary to comply with changes to Texas Health and Safety Code §§12.091 - 12.098, Texas Transportation Code §521.294, and 37 Texas Administrative Code §15.58; and reflect updates to MAB membership, operations, requirements, medical packet contents, and confidentiality provisions that have significantly changed.
SECTION-BY-SECTION SUMMARY
The proposed repeals and new rules provide clarity, consistency, plain language, and style throughout.
The proposed repeal of and new §1.151 update definitions.
The proposed repeal of and new §1.152 remove the purpose, appointment, and terms since they are addressed in MAB Bylaws. The proposed language describes the operation of the MAB, including membership; function; meeting requirements; medical packet requirements; confidentiality; and pertinent records, reports, and testimony relating to the medical condition of an applicant. The proposal also clarifies MAB member compensation.
FISCAL NOTE
Christy Havel Burton, Chief Financial Officer, has determined that for each year of the first five years that the rules will be in effect, there will be an estimated additional cost to state government as a result of enforcing and administering the rules as proposed. This repeal and replace does not increase or decrease the department's revenue stream. Enforcing or administering the rules does not have foreseeable implications relating to costs or revenues of local government.
The effect on state government for each year of the first five years the proposed rules are in effect is an estimated cost of $103,500 in fiscal year (FY) 2025, $103,500 in FY 2026, $103,500 in FY 2027, $103,500 in FY 2028, and $103,500 in FY 2029. The 88th Legislature, Regular Session, 2023, appropriated funds to the department for the purpose of increasing compensation for MAB members.
GOVERNMENT GROWTH IMPACT STATEMENT
DSHS has determined that during the first five years that the rules will be in effect:
(1) the proposed rules will not create or eliminate a government program;
(2) implementation of the proposed rules will not affect the number of DSHS employee positions;
(3) implementation of the proposed rules will result in no assumed change in future legislative appropriations;
(4) the proposed rules will not affect fees paid to DSHS;
(5) the proposed rules will not create a new regulation;
(6) the proposed rules will not expand, limit, or repeal existing regulations;
(7) the proposed rules will not change the number of individuals subject to the rules; and
(8) the proposed rules will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Christy Havel Burton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The rules do not impose any additional costs on small businesses, micro-businesses, or rural communities that are required to comply with the rules.
LOCAL EMPLOYMENT IMPACT
The proposed rules will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to these rules because the rules are necessary to protect the health, safety, and welfare of the residents of Texas, do not impose a cost on regulated persons, and are necessary to implement legislation that does not specifically state that Section 2001.0045 applies to the rules.
PUBLIC BENEFIT AND COSTS
Timothy Stevenson, DVM, Ph.D., Associate Commissioner, Consumer Protection Division, has determined that for each year of the first five years the rules are in effect, the public benefit will be the safe operation of a vehicle, or proper use and storage of a handgun based on recommendations made by the Medical Advisory Board and final determination by the Department of Public Safety.
Christy Havel Burton has also determined that for the first five years the rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules because the amendments will not have an economic impact on drivers or people authorized to use and store a handgun.
TAKINGS IMPACT ASSESSMENT
DSHS has determined that the proposal does not restrict or limit an owner's right to the owner's property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal may be submitted by mail to EMS/Trauma Systems Section, DSHS, Attn: Proposed Medical Advisory Board Rules, P.O. Box 149347, Mail Code 1876, Austin, Texas 78714-3247; or 1100 West 49th Street, Austin, Texas 78756; or email DSHSMAB@dshs.texas.gov.
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 24R080" in the subject line.
STATUTORY AUTHORITY
The repeals are authorized by Texas Health and Safety Code Chapter 12, Subchapter H, which authorize the Executive Commissioner of Health and Human Services to adopt rules for the Medical Advisory Board; and Texas Government Code §531.0055 and Texas Health and Safety Code §1001.075, which authorize the Executive Commissioner of Health and Human Services to adopt rules necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.
The repeals implement Texas Government Code §531.0055 and Texas Health and Safety Code Chapter 12 and 1001.
§1.151.Definitions.
§1.152.Operation of the Medical Advisory Board.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 17, 2024.
TRD-202404871
Karen Ray
Chief Counsel
Department of State Health Services
Earliest possible date of adoption: December 1, 2024
For further information, please call: (512) 535-8538
STATUTORY AUTHORITY
The new sections are authorized by Texas Health and Safety Code Chapter 12, Subchapter H, which authorize the Executive Commissioner of Health and Human Services to adopt rules for the Medical Advisory Board; and Texas Government Code §531.0055 and Texas Health and Safety Code §1001.075, which authorize the Executive Commissioner of Health and Human Services to adopt rules necessary for the operation and provision of health and human services by DSHS and for the administration of Texas Health and Safety Code Chapter 1001.
The new sections implement Texas Government Code §531.0055 and Texas Health and Safety Code Chapter 12 and 1001.
§1.151.Definitions.
The following words and terms, when used in this section, have the following meanings, unless the text indicates otherwise.
(1) Applicant--An individual referred by the Department of Public Safety to the Medical Advisory Board (MAB) for medical review to include applicants defined under Texas Health and Safety Code §12.092(2)(b)(1) and (2).
(2) Bylaws--Bylaws of the Medical Advisory Board.
(3) Commissioner--The commissioner of the Texas Department of State Health Services.
(4) Department of Public Safety (DPS)--Agency responsible for MAB referrals established under authority of 37 Texas Administrative Code Subchapter C, §15.58.
(5) Medical Advisory Board (MAB)--The body of physicians and optometrists licensed by the State of Texas and established by Texas Health and Safety Code §12.092. Each person on the MAB is a MAB member or "member." The MAB is administratively attached to the department.
(6) Medical Advisory Board Panel--A body of at least three MAB members assigned to review applicants and provide recommendations at the request of DPS. Additional members may be added as necessary to reach a consensus opinion.
(7) Medical Packet--Information provided to members on the MAB panel, including:
(A) medical conditions under review;
(B) other medical information or records provided by the applicant's health care providers about the medical conditions under review; and
(C) information provided by DPS, including Supplemental Medical History form, Medical Information Request form, and accident reports or other information about the medical conditions under review.
(8) Set--Group of medical packets prepared for a MAB panel to review.
(9) Texas Department of State Health Services (department)--Agency responsible for administering MAB activities under Texas Health and Safety Code Chapter 12, Subchapter H, Medical Advisory Board, §§12.091 - 12.098.
§1.152.Operation of the Medical Advisory Board.
(a) MAB Membership.
(1) The commissioner appoints MAB members from:
(A) persons licensed to practice medicine in Texas, including physicians who are board-certified in internal medicine, psychiatry, neurology, physical medicine, or ophthalmology and are jointly recommended by the department and the Texas Medical Association; and
(B) persons licensed to practice optometry in this state who are jointly recommended by the department and the Texas Optometric Association.
(2) Members may be recommended for dismissal, as described in the bylaws, for failure to perform in a professional manner, failure to attend meetings regularly, failure to review the minimum required number of cases, or missing two consecutive MAB board meetings without advanced notice to the chair.
(b) Function of the MAB. Upon a request for recommendation from DPS under 37 Texas Administrative Code §15.58, Medical Advisory Board Referrals; Texas Transportation Code Chapter 521, Subchapter N, General Provisions Relating To License Denial, Suspension, or Revocation; and Texas Government Code Chapter 411, Subchapter H, License to Carry A Handgun, the department must convene a MAB panel.
(1) Each MAB panel member must review the set of medical packets provided by the department within the time frame specified by the department.
(2) Upon completion of the applicant's packet review, each member must provide an independent opinion, in the form of a written recommendation, stating the member's opinion as to the ability of the applicant to safely operate a motor vehicle or to exercise sound judgment in the proper use and storage of a handgun, as appropriate. in the report the panel member may also make recommendations relating to DPS' subsequent action.
(3) The MAB panel recommendations or opinions are provided to DPS. The final decision to issue, renew, restrict, or revoke a driver's license or license to carry rests entirely with DPS.
(4) All members are expected to act in an impartial manner in their medical reviews. Any member unable to be impartial to any applicant before the MAB must declare this impartiality and may not participate in any MAB proceedings involving the applicant.
(5) MAB members are compensated for the review of a set of completed medical packets, and for each scheduled board or committee meeting attended.
(6) MAB members will convene at least every two years. The MAB complies with the requirements for open meetings under Texas Government Code Chapter 551.
(c) Medical Packet Requirements.
(1) The applicant must provide current medical information to the MAB pertinent to the medical conditions for which DPS requested the review and recommendation. Information must be provided within 90 days of the date MAB received the DPS request for recommendation by a licensed physician or, in the case of medical conditions impacting vision, by a licensed optometrist.
(2) Any licensed health care provider or facility who treated the applicant may provide information regarding the applicant's fitness to operate a motor vehicle safely or the ability to exercise sound judgment with respect to the proper use and storage of a handgun. Information completed or provided by a midlevel provider or an optometrist must be completed in accordance with Texas Occupations Code Chapters 157 and 351.
(3) The panel may require the applicant or license holder to undergo a medical or other examination at the applicant's or holder's expense. A person who conducts an examination under this subsection may be compelled to testify before the panel and in any subsequent proceedings under Texas Government Code Chapter 411, Subchapter H, or Texas Transportation Code Chapter 521, Subchapter N, as applicable, concerning the person's observations and findings.
(d) All records, reports, and testimony relating to the medical condition of an applicant:
(1) are for the confidential use of the MAB, a MAB panel, or DPS;
(2) are privileged information; and
(3) may not be disclosed to any person or used as evidence in a trial except as provided in (e) of this section.
(e) In a subsequent proceeding under Texas Government Code Chapter 411, Subchapter H, or Texas Transportation Code Chapter 521, Subchapter N, the department may provide a copy of the report of the MAB or MAB panel and the medical packet relating to an applicant to:
(1) DPS;
(2) the applicant; and
(3) the presiding officer at the license to carry or driver's license hearing.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 17, 2024.
TRD-202404872
Karen Ray
Chief Counsel
Department of State Health Services
Earliest possible date of adoption: December 1, 2024
For further information, please call: (512) 535-8538
SUBCHAPTER C. TEXAS REGULATIONS FOR CONTROL OF RADIATION
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes an amendment to §289.130, concerning the Radiation Advisory Board.
BACKGROUND AND PURPOSE
Senate Bill (S.B.) 1592, 88th Legislature, Regular Session, 2023, amends Title 5, Subtitle D, Chapter 401, Section 401.015(a), Health and Safety Code (HSC), requiring an addition of one new representative who is licensed by the Board of Veterinary Medical Examiners to the Radiation Advisory Board and changing the composition of the board from 18 to 19 representatives. Amendments include rearranging the rule to align with HHSC advisory board rule-drafting guidelines and adding requirements found in Texas HSC.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §289.130 replaces "department" with "DSHS," and removes "shall" throughout. Edits are made to update references to include statutory authority. Formatting edits are made to update numbering. Changes include expanded reporting requirements, details of voting members' industry representation, term limits, and limitation of representatives of the public. Other changes include corrections to grammar and updated language.
FISCAL NOTE
Christy Havel Burton, DSHS Chief Financial Officer, has determined that for each year of the first five years that the rule will be in effect, there will be an estimated $3,000 additional cost to state government as a result of enforcing and administering the rule as proposed. Enforcing or administering the rule does not have foreseeable implications relating to costs or revenues of local government.
The effect on state government for each year of the first five years the proposed rule is in effect is an estimated cost of $3,000 in fiscal year (FY) 2025, $3,000 in FY 2026, $3,000 in FY 2027, $3,000 in FY 2028, and $3,000 in FY 2029. The estimated cost accounts for travel reimbursement for the new member.
GOVERNMENT GROWTH IMPACT STATEMENT
DSHS has determined that during the first five years that the rule will be in effect:
(1) the proposed rule will not create or eliminate a government program;
(2) implementation of the proposed rule will not affect the number of DSHS employee positions;
(3) implementation of the proposed rule will not result in an assumed change in future legislative appropriations;
(4) the proposed rule will not affect fees paid to DSHS;
(5) the proposed rule will not create a new regulation;
(6) the proposed rule will not expand, limit, or repeal existing regulation;
(7) the proposed rule will not change the number of individuals subject to the rule; and
(8) the proposed rule will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Christy Havel Burton, Chief Financial Officer, has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The rule does not impose any additional costs on small businesses, micro-businesses, or rural communities that are required to comply with the rule.
LOCAL EMPLOYMENT IMPACT
The proposed rule will not affect a local economy.
Texas Government Code §2001.0045 does not apply to this rule because the rule is necessary to protect the health, safety, and welfare of the residents of Texas and is necessary to implement legislation that does not specifically state that §2001.0045 applies to the rule.
PUBLIC BENEFIT AND COSTS
Dr. Timothy Stevenson, Associate Commissioner, Consumer Protection Division, has determined for each year of the first five years the rule is in effect, the public benefit anticipated as the result of amending the rule is to ensure the continued representation of individuals involved in radiation-related industries within Texas.
Christy Havel Burton, Chief Financial Officer, has also determined for the first five years the rule is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rule because most edits to the rule language are procedural updates, edits for clarity, and do not impose additional requirements to the registrant.
TAKINGS IMPACT ASSESSMENT
DSHS has determined that the proposal does not restrict or limit an owner's right to the owner's property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
COSTS TO REGULATED PERSONS
PUBLIC COMMENT
Written comments on the proposal may be submitted to Radiation Section, Consumer Protection Division, DSHS, Mail Code 1987, P.O. Box 149347, Austin, Texas 78714-9347, or street address 1100 West 49th Street, Austin, Texas 78756; fax (512) 206-3793; or by email to CPDRuleComments@dshs.texas.gov.
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period; (2) faxed or emailed before midnight on the last day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 23R057" in the subject line.
STATUTORY AUTHORITY
The amendment is authorized by Texas Health and Safety Code Chapter 401 (the Texas Radiation Control Act), which provides for DSHS radiation control rules and regulatory program to be compatible with federal standards and regulations; §401.051, which provides the required authority to adopt rules and guidelines relating to the control of sources of radiation; §401.064, which provides for the authority to adopt rules related to inspection of x-ray equipment; §401.101, which provides for DSHS registration of facilities possessing sources of radiation; Chapter 401, Subchapter J, which authorizes enforcement of the Act; and Texas Government Code §531.0055 and Texas Health and Safety Code §1001.075, which authorize the Executive Commissioner of HHSC to adopt rules for the operation and provision of health and human services by DSHS and the administration of Texas Health and Safety Code Chapter 1001.
The amendment implements Texas Health and Safety Code Chapters 401 and 1001, and Texas Government Code Chapter 531.
§289.130.Radiation Advisory Board.
(a) Statutory authority. The Radiation Advisory
Board (board) is established under Texas Health and Safety Code §401.015
and is subject to Texas Government Code Chapter 2110, concerning State
Agency Advisory Committees. [The board. A Radiation Advisory
Board shall be appointed under and governed by this section.]
[(1) The name of the board shall be
the Radiation Advisory Board (board).]
[(2) The board is required to be established by Health and Safety Code, §401.015.]
[(b) Applicable law. The board is subject to the Government Code, Chapter 2110, concerning state agency advisory committees.]
(b) [(c)] Purpose. The board
advises [The purpose of the board is to provide advice
to] the Executive Commissioner [of the Texas Health and
Human Services Commission (Executive Commissioner)], the Texas
Department of State Health Services (DSHS), the Railroad Commission
of Texas (RRC), [Services' (department) radiation program,]
the Texas Commission on Environmental Quality (TCEQ), [the
Railroad Commission of Texas,] and other state agencies
concerning [entities in the area of] state radiation
policies and programs.
(c) [(d)] Tasks. The board: [shall advise the Executive Commissioner in accordance with Health
and Safety Code, §401.019.]
(1) reviews and evaluates state radiation policies and programs;
(2) makes recommendations and furnishes technical advice to DSHS, RRC, TCEQ, and other state agencies relating to development, use, and regulation of radiation sources;
(3) reviews proposed rules and guidelines of any state agency related to the regulation of sources of radiation and recommends changes in proposed or existing rules and guidelines relating to those matters;
(4) develops and implements policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board; and
(5) adopts bylaws to guide its operation.
(d) Reporting Requirements. By December 31 of each year, the board files an annual written report with the Executive Commissioner covering the meetings and activities in the preceding fiscal year. The report includes:
(1) a list of the meeting dates;
(2) the members' attendance records;
(3) a brief description of actions taken by the board;
(4) a description of how the board accomplished its tasks;
(5) a description of activities the board anticipates undertaking in the next fiscal year;
(6) recommended amendments to this section; and
(7) the costs related to the board, including the cost of DSHS staff time spent supporting the board's activities and the source of funds used to support the board's activities.
(e) Meetings.
(1) Open meetings. The board is not a "governmental body" as defined in the Open Meetings Act. However, to promote public participation, each board meeting is announced and conducted per the Open Meetings Act, Texas Government Code Chapter 551, except provisions allowing executive sessions.
(2) Frequency. The board meets quarterly on dates set by the board.
(A) A special meeting may be called by the chairperson or at least five members.
(B) Meetings are arranged and supported by DSHS staff.
(C) Members of the board will be given timely notice of each board meeting.
(3) Quorum. A simple majority of all members constitutes a quorum to transact official business. The board is authorized to transact official business only when in a legally constituted meeting with a quorum present.
(4) Public comment. The agenda for each board meeting includes an item titled Public Comment, under which any person will be allowed to address the board on matters relating to board business. The chairperson may establish procedures for public comment, including a time limit on each comment.
(5) Documentation. A record must be kept of each board meeting.
[(e) Composition. The board shall
be composed of 18 members appointed by the governor. The composition
of the board shall include representatives from those areas as delineated
in Health and Safety Code, §401.015.]
(f) Membership. [Terms of office. The
term of office of each member shall be six years. Members shall serve
after expiration of their term until a replacement is appointed.]
(1) The board includes 19 members appointed by the Governor:
(A) one representative from industry who is trained in nuclear physics, science, or nuclear engineering;
(B) one representative from labor;
(C) one representative from agriculture;
(D) one representative from the insurance industry;
(E) one individual who is engaged in the use and application of nuclear physics in medicine and is certified by the American Board of Radiology or licensed by the Texas Medical Board under Chapter 602, Texas Occupations Code;
(F) one hospital administrator;
(G) one individual licensed by the Texas Medical Board who specializes in nuclear medicine;
(H) one individual licensed by the Texas Medical Board who specializes in pathology;
(I) one individual licensed by the Texas Medical Board who specializes in radiology;
(J) one representative from the nuclear utility industry;
(K) one representative from the radioactive waste industry;
(L) one representative from the petroleum industry;
(M) one health physicist certified by the American Board of Health Physics;
(N) one individual licensed by the State Board of Dental Examiners;
(O) one representative from the uranium mining industry;
(P) one individual licensed by the State Board of Veterinary Medical Examiners; and
(Q) three representatives of the public.
(2) [(1)] Members are [shall be] appointed for staggered terms so [that]
the terms of an equal or almost equal [a substantial
equivalent] number of members will expire at the end [discretion] of each term. Regardless of the term limit,
a member serves until a replacement has been appointed. This ensures
sufficient, appropriate representation [the governor].
(A) [(2)] If a vacancy occurs, the Governor will appoint an individual [a person shall
be appointed by the governor] to serve the unexpired portion
of the [that] term.
(B) The term of each member is six years, except the term may be less than six years as necessary to stagger terms. A member may apply to serve one additional term.
(C) An individual is not eligible to be appointed as a representative of the public on the advisory board if that individual or individual's spouse is:
(i) engaged in an occupation in the health care field; or
(ii) employed by, participates in the management of, or has a financial interest, other than as a consumer, in part of the nuclear utility industry or in a business entity or other organization that is licensed under Subchapter F or Subchapter G of this chapter.
(g) Officers. The Governor designates a member
of the board as the chairperson to serve at the will of the Governor.
The board elects from its members a vice-chairperson and secretary. [The board shall elect a chairman, vice-chairman and secretary at its
first meeting after August 31st of each year.]
(1) The chairperson serves until the first quarterly meeting of the fiscal year of each even-numbered year. The vice-chairperson serves until the first quarterly meeting of the fiscal year of each odd-numbered year.
[(1) Each officer shall serve until
the next regular election of officers.]
(2) A member serves no more than two consecutive terms as chairperson or vice-chairperson.
(3) [(2)] The chairperson presides over [chairman shall preside at] all board meetings [at which he or she is in attendance], calls [ call] meetings as specified in [accordance with] this section, appoints [appoint] subcommittees of the board as necessary, and ensures accurate [cause proper] reports are [to be] made to the board. The chairperson [chairman] may serve as an ex-officio member of any subcommittee of the board.
[(3) The vice-chairman shall perform the duties of the chairman in case of the absence or disability of the chairman. In case the office of chairman becomes vacant, the vice-chairman will serve until a successor is elected to complete the unexpired portion of the term of the office of
chairman.]
(4) The vice-chairperson performs the duties of the chairperson in the event of an absence or the disability of the chairperson. If the position of the chairperson becomes vacant, the vice-chairperson will serve until a successor is appointed to complete the unexpired portion of the chairperson's term.
(5) [(4)] A vacancy [which occurs] in the office [offices] of vice-chairperson
[chairman, vice-chairman] or secretary is [may be] filled at the next board meeting.
[(h) Meetings. The board shall meet
quarterly on dates set by the board to conduct board business.]
[(1) A special meeting may be called by the chairman or at least five members of the board.]
[(2) Meeting arrangements shall be made by department staff.]
[(3) The advisory board is not a "governmental body" as defined in the Open Meetings Act. However, in order to promote public participation, each meeting of the board 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 board shall be informed of a board meeting in a timely manner.]
[(5) A simple majority of the members of the board shall constitute a quorum for the purpose of transacting official business.]
[(6) The board is authorized to transact official business only when in a legally constituted meeting with quorum present.]
[(7) The agenda for each board meeting shall include an item entitled public comment under which any person will be allowed to address the board on matters relating to board business. The chairman may establish procedures for public comment, including a time limit on each comment.]
(h) [(i)] Attendance. Members must
[shall] attend board meetings as scheduled. Members must [shall] attend and participate in meetings
of subcommittees to which the members are [member
is] assigned.
(1) A member must [shall] notify
the chairperson [chairman] or appropriate DSHS
[department] staff if the member [he
or she] is unable to attend a scheduled meeting.
(2) A member may be removed from the board [It is grounds for removal from the board] if the [a
] member cannot discharge [the member's] duties for
a substantial part of the appointed term [for which
the member is appointed] because of illness or disability[,]
or if [is] absent from more than half of the
board meetings during a calendar year without an excuse approved by
a majority vote of the [advisory] board.
(3) The validity of a board [an]
action [of the board] is not affected by the fact that
it is taken when grounds [a ground] for removal
of a member exist [exists].
[(j) Staff. Staff support for the board shall be provided by the department.]
(i) [(k)] Procedures. Robert's [ Roberts] Rules of Order, Newly Revised, is [shall be] the basis of parliamentary decisions except where otherwise provided by law or rule.
(1) Any action taken by the board must be approved by a majority vote of the members present once a quorum is established.
(2) Each member may vote once during any call for votes [shall have one vote].
(3) A member may not authorize another individual to represent the member by proxy.
(4) The board makes [shall make]
decisions in discharging [the discharge of its]
duties without discrimination based on any individual's [person's] race, creed, sex [gender], religion,
national origin, age, physical condition, or economic status.
(5) Minutes of each board meeting will [shall
] be taken by DSHS [department] staff. A
summary of the meeting is provided to each board member before the next meeting.
[(A) A summary of the meeting shall
be provided to each member of the board within 30 days of each meeting.]
[(B) After approval by the board, the minutes shall be signed by the secretary.]
(j) [(l)] Subcommittees. The board may establish subcommittees [as necessary] to assist the board in carrying out its duties.
(1) The chairperson may [chairman shall] appoint members [of the board] to serve on subcommittees and to act as subcommittee chairpersons. The chairperson [ chairman] may also appoint nonmembers of the board to serve on subcommittees as the need for additional expertise arises.
(2) Subcommittees must [shall] meet when called by the subcommittee chairperson or when [so]
directed by the board.
(3) The [A] subcommittee chairperson makes [shall make] regular reports to the board at
each board meeting or in interim written reports, as needed.
The reports [shall] include an executive summary or minutes
of each subcommittee meeting.
(k) [(m)] Statement by members.
(1) The Executive Commissioner, DSHS [the
department], and the board are not [shall not
be] bound in any way by any statement or action on the part
of any [board] member except when a statement or action
is in pursuit of specific instructions from the Executive Commissioner, DSHS [department], or board.
(2) The board and its members may [not]
participate in legislative activity in the name of the Executive Commissioner
or DSHS [the department except] with approval
through the DSHS [department's] legislative
process. Members may represent [Board members are
not prohibited from representing] the board's decisions, themselves,
or other entities in the legislative process.
(3) A [board] member must [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 [board] member must [should
] not disclose confidential information acquired through [his
or her] board membership.
(5) A [board] member should not knowingly
solicit, accept, or agree to accept any benefit for exercising [having exercised] the member's official powers or duties in
favor of another person.
(6) A [board] member with [who
has] a personal or private interest in a matter pending before
the board must [shall] publicly disclose the
fact in a board meeting and may not vote or otherwise participate
in the matter. The phrase "personal or private interest" means the
[board] member has a direct financial [pecuniary
] interest in the matter but does not include the [board]
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 department. The
board shall file an annual written report with the Commissioner of
the department or his designee.]
(l) [(o)] Reimbursement for expenses. A [In accordance with the requirements set forth in the
Government Code, Chapter 2110, a board] member may receive reimbursement
for the member's expenses incurred for each day the member engages
in official board business as specified in Texas Government Code
Chapter 2110.
(1) Compensatory per diem is not [No
compensatory per diem shall be] paid to [board] members
unless required by law, but members are [shall be]
reimbursed for travel, meals, lodging, and incidental expenses to
the extent permitted by the current General Appropriations Act. A
member may be reimbursed for their travel to and from meetings if
funds are appropriated and available and in accordance with the DSHS
Travel Policy. [in accordance with the General Appropriations Act.]
(2) A [board] member who is an employee
of a state agency, other than DSHS [the department],
may not receive reimbursement for expenses from DSHS [the
department] if the member [he or she]
is reimbursed by that state agency.
(3) A nonmember of the board who is appointed to serve
on a subcommittee may not receive reimbursement for expenses from DSHS
[the department].
(4) Each member [who is] to be reimbursed
for expenses must [shall] submit to staff the
member's receipts for expenses and any required official forms within
[no later than] 14 days after each board meeting.
(5) Requests for reimbursement of expenses must [shall] be made on official state travel vouchers prepared by DSHS
[department] staff.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on October 21, 2024.
TRD-202404917
Cynthia Hernandez
General Counsel
Department of State Health Services
Earliest possible date of adoption: December 1, 2024
For further information, please call: (512) 834-6655