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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 37MATERNAL AND INFANT HEALTH SERVICES
SUBCHAPTER RADVISORY COMMITTEES
RULE §37.420Sickle Cell Advisory Committee
Texas Register

(a) The committee. The Sickle Cell Advisory Committee (committee) is appointed under and governed by this section. The committee is established under Texas Government Code, §531.012.

(b) Applicable law. The committee is subject to Texas Government Code, Chapter 2110, concerning state agency advisory committees.

(c) Purpose. The purpose of the committee is to raise awareness of sickle cell disease and sickle cell trait in Texas.

(d) Tasks.

  (1) The committee reviews and suggests methods for raising public awareness of sickle cell disease and sickle cell trait.

  (2) The committee recommends two specific strategies in the two-year term to raise public awareness.

(e) Reports.

  (1) The committee files an annual written report with the Texas Health and Human Services Commission (HHSC) Executive Commissioner.

    (A) The report lists:

      (i) the meeting dates of the committee;

      (ii) the attendance records of its members;

      (iii) a brief description of actions taken by the committee;

      (iv) a description of how the committee has accomplished the tasks given to the committee by the Texas Department of State Health Services (DSHS) and HHSC; and

      (v) anticipated activities of the committee for the next year.

    (B) The report identifies the costs related to the committee, including the cost of DSHS staff time spent in support of the committee's activities and the source of funds used to support the committee's activities.

    (C) The report covers the meetings and activities in the immediate preceding fiscal year and is filed with the HHSC Executive Commissioner by the first day of December of the following fiscal year.

  (2) The committee reports any recommendations to the HHSC Executive Commissioner at a meeting of the HHSC Executive Council established under Texas Government Code, §531.0051.

  (3) The committee files an annual written report with the Texas Legislature of any policy recommendations made to the HHSC Executive Commissioner.

(f) Abolishment. The committee is abolished and this section expires September 1, 2018.

(g) Composition. The committee is composed of seven members appointed by the HHSC Executive Commissioner, including:

  (1) two members from community based organizations with experience addressing the needs of individuals with sickle cell disease;

  (2) two physicians specializing in hematology;

  (3) two members of the public who are either an individual with sickle cell disease or a parent of a person with sickle cell disease or trait; and

  (4) one representative from a health professions academic setting.

(h) Terms of office.

  (1) The term of office for each member is two years.

  (2) If a vacancy occurs, a person is appointed to serve the unexpired portion of that term.

(i) Officers. The committee selects from its members a presiding officer and an assistant presiding officer.

  (1) The presiding officer serves until September 1, 2018. The assistant presiding officer serves until September 1, 2018. Both the presiding officer and the assistant presiding officer may holdover until his or her replacement is selected.

  (2) The presiding officer presides at all committee meetings at which he or she is in attendance, calls meetings in accordance with this section, appoints subcommittees of the committee as necessary, and causes proper reports to be made to the HHSC Executive Commissioner. The presiding officer may serve as an ex officio member of any subcommittee of the committee.

  (3) The assistant presiding officer performs the duties of the presiding officer in case of the absence or disability of the presiding officer. In case the office of presiding officer becomes vacant, the assistant presiding officer serves until the committee selects a new presiding officer.

  (4) The committee may reference its officers by other terms, such as chairperson and vice-chairperson.

(j) Meetings. The committee meets three times a year to conduct business.

  (1) The committee meets at the call of the presiding officer.

  (2) Meeting arrangements are made by DSHS staff.

  (3) The committee is a "governmental body" as defined in the Open Meetings Act, Texas Government Code, Chapter 551. Meetings may be conducted in person, through teleconference call, or by means of other technology.

  (4) A simple majority of the appointed committee members constitutes a quorum for the purpose of transacting official business.

  (5) The committee is authorized to transact official business only when in a legally constituted meeting with a quorum present.

  (6) The agenda for each committee meeting includes an opportunity for new business or for any member to address the committee on matters relating to committee business.

  (7) The agenda for each committee meeting also includes an item entitled public comment under which any person is allowed to address the committee on matters relating to business. The presiding officer may establish procedures for public comment, including a time limit on each comment.

(k) Attendance. Members must attend committee meetings as scheduled.

  (1) A member must notify the presiding officer or appropriate DSHS staff if he or she is unable to attend a scheduled meeting.

  (2) It is grounds for removal from the committee if a member:

    (A) cannot discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability;

    (B) is absent from more than half of the committee meetings during a calendar year; or

    (C) is absent from at least three consecutive committee meetings.

  (3) 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 exists under paragraph (2) of this subsection.

(l) Staff. Staff support for the committee is provided by DSHS.

(m) Procedures. Roberts Rules of Order are 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 has one vote.

  (3) A member may not authorize another individual to represent the member by proxy.

  (4) The committee makes 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 are taken by DSHS staff and approved by the committee at the next scheduled meeting.

(n) Statement by members.

  (1) HHSC, DSHS, and the committee are not bound in any way by any statement, recommendation, or action on the part of any committee member, except when a statement or action is in pursuit of specific instructions from HHSC, DSHS, or the committee.

  (2) The committee and its members may not participate in legislative activity in the name of HHSC, DSHS, or the committee except with approval through HHSC's legislative process. Committee members are not prohibited from representing themselves or other entities in the legislative process.

  (3) A committee member may 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 may not disclose confidential information acquired through his or her committee membership.

  (5) A committee member may 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 must 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.

(o) Reimbursement for expenses. In accordance with the requirements set forth in 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.


Source Note: The provisions of this §37.420 adopted to be effective June 30, 2016, 41 TexReg 4644

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