| (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 subchapter (relating to Authority
and General Provisions).
(b) Purpose. The TBIAC advises the 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) informing 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) encouraging 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) recommending 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) promoting brain injury awareness, education, and
implementation of health promotion and prevention strategies across
Texas; and
(5) facilitating 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.
(d) Reporting requirements.
(1) Reporting to Executive Commissioner. By November
1 of each year, the TBIAC files an annual written report with the
Executive Commissioner covering the meetings and activities in the
immediate preceding fiscal year and reports any recommendations to
the Executive Commissioner at a meeting of the 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 Executive Commissioner by December 1 of each even-numbered
year.
(e) Open meetings. The TBIAC complies with the requirements
for open meetings under Texas Government Code Chapter 551 as if it
were a governmental body.
(f) Membership. The TBIAC is composed of 15 members
appointed by the Executive Commissioner. In selecting members to serve
on the committee, HHSC may consider the applicants' geographic location.
Except as may be necessary to stagger terms, the term of office of
each member is three years. A member may apply to serve one additional
term.
(1) The TBIAC includes:
(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; and
(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.
(3) If a vacancy occurs, a person is appointed to serve
the unexpired portion of that term.
(g) Officers. The TBIAC selects a chair and vice chair
of the TBIAC from its members, one of whom 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 serves no more than two consecutive terms
as chair or vice chair. A chair or vice chair may not serve beyond
their membership term.
(h) Required Training. Each member shall complete all
training on relevant statutes and rules, including this section and §351.801
of this subchapter, and Texas Government Code §531.012, and Chapters
551 and 2110. Training will be provided by HHSC.
(i) Date of abolition. The TBIAC is abolished, and
this section expires, on July 1, 2024, in compliance with Texas Government
Code §2110.008(b).
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