|(a) Statutory authority. The Behavioral Health Advisory
Committee (BHAC) is established under Texas Government Code, §531.012
in accordance with the State's obligations under 42 U.S.C. §300x-3,
and is subject to §351.801 of this subchapter (relating to Authority
and General Provisions).
(b) Purpose. The BHAC advises the HHSC Executive Commissioner
on mental health and substance use disorder services in Texas.
(c) Tasks. The BHAC considers and makes recommendations
to the Executive Commissioner consistent with the committee's purpose.
(d) Reporting requirements. The BHAC submits an annual
written report to the Executive Commissioner and the Texas Legislature
of any policy recommendations made to the Executive Commissioner.
(e) Open meetings. The BHAC complies with the requirements
for open meetings under Texas Government Code, Chapter 551.
(f) Membership. The BHAC is composed of 19 voting members
appointed by the Executive Commissioner and one ex officio member.
(1) The BHAC consists of representatives of the following
(A) one adult who received, or is receiving, services
for mental health or co-occurring mental health and substance use
(B) one adult who received, or is receiving, services
for substance use or co-occurring mental health and substance use
(C) one youth/young adult who received, or is receiving,
services for mental health, substance use, or co-occurring mental
health and substance use issues;
(D) one family representative of someone who has received,
or is receiving services for mental health, substance use, or co-occurring
mental health and substance use issues;
(E) one parent of a child who has received, or is receiving,
services for serious emotional disturbance;
(F) one certified peer provider;
(G) one representative nominated by the Texas Council
of Community Centers;
(H) one representative nominated by the Association
of Substance Abuse Programs;
(I) two independent community behavioral health service
providers, one of which provides services to families;
(J) two behavioral health advocates or representatives
of behavioral health advocacy organizations;
(K) one representative from a faith-based community
(L) one representative of a managed care organization
that contracts with HHSC;
(M) two representatives of local government;
(N) one representative from a federally recognized
Native American tribe located in Texas (Alabama-Coushatta Tribe of
Texas, The Kickapoo Traditional Tribe of Texas, or Ysleta Del Sur
(O) up to two additional members who have demonstrated
an interest in mental and substance use disorders health systems and
a working knowledge of mental and substance use disorder health issues.
(2) A member of the Statewide Behavioral Health Coordinating
Council, representing state agencies providing behavioral health services
or funding, will serve as a non-voting, ex officio member.
(3) Members are appointed for staggered terms so that
the terms of an equal or almost equal number of members expire on
August 31st of each year. Each member is appointed to serve a term
of three years. Regardless of term limit, a member serves until his
or her replacement has been appointed. This ensures sufficient, appropriate
(4) If a vacancy occurs, a person is appointed to serve
the unexpired portion of that term.
(5) This subsection does not apply to ex officio members,
who serve at the pleasure of the Executive Commissioner.
(g) Presiding officers. The BHAC selects a chair and
co-chair of the committee from its members.
(1) Unless reelected, the chair and co-chair each serve
a term of one year.
(2) A member serves no more than two consecutive terms
as chair or co-chair. A chair or co-chair may not serve beyond their
(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 BHAC is required by federal
law and will continue as long as the federal law that requires it
remains in effect.