| (a) Committee. The committee is established by the
department under Health and Safety Code, §48.101.
(b) Applicable law. The committee is subject to Government
Code, Chapter 2110, concerning state agency advisory committees. In
accordance with Section 2110.006, the department evaluates the committee
annually. If the committee is not continued or consolidated, the committee
shall be abolished on August 31, 2023.
(c) Purpose and tasks.
(1) The committee shall advise the department and the
commission on the implementation of standards, guidelines, and requirements
relating to the training and regulation of persons working as promotores
or community health workers.
(2) The committee shall advise the department on matters
related to the employment and funding of promotores or community health
workers.
(3) The committee shall provide to the department recommendations
for a sustainable Program for promotores or community health workers.
(d) Composition. The committee shall be composed of
nine members appointed by the Commissioner from the following categories:
(1) five promotores or community health workers currently
certified by the department;
(2) one public member, which may include a consumer
of community health worker services or a person with paid or volunteer
experience in community health care or social services;
(3) one member from the Higher Education Coordinating
Board, or a higher education faculty member who has teaching experience
in community health, public health or adult education and has trained
promotores or community health workers; and
(4) two professionals who work with promotores or community
health workers in a community setting, including employers and representatives
of non-profit community-based organizations or faith-based organizations.
(e) Terms of office. The term of office of each member
shall be three years, and a member may apply to be reappointed for
up to one additional term.
(1) If a vacancy occurs, a person shall be appointed
to serve the unexpired portion of that term.
(2) Members shall be appointed for staggered terms
so that the terms of three members will expire on August 31st of each
year.
(f) Officers. The Commissioner shall appoint a member
of the advisory committee as presiding officer after August 31st of
each year.
(1) The committee may elect a member of the advisory
committee as an assistant presiding officer.
(2) An officer position, either presiding or assistant
presiding officer, must be occupied by a promotor(a) or a community
health worker member.
(3) Each officer shall serve until the next appointment
of officers.
(4) The presiding officer shall preside at all committee
meetings at which the presiding officer is in attendance, call meetings
in accordance with this section, appoint subcommittees of the committee
as necessary, and cause proper reports to be made to the Executive
Commissioner. The presiding officer may serve as an ex-officio member
of any subcommittee of the committee.
(5) The assistant presiding officer shall perform 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 will serve until the
Commissioner appoints a successor to complete the unexpired portion
of the term of the office of presiding officer.
(6) A member shall serve no more than two consecutive
terms as an officer of the committee.
(7) The committee may reference its officers by other
terms, such as chairperson and vice-chairperson.
(g) Meetings. The committee shall meet quarterly to
conduct committee business.
(1) A meeting may be called by agreement of department
staff and either the presiding officer or at least three members of
the committee.
(2) Department staff makes meeting arrangements and
contacts committee members to determine availability for a meeting
date and place.
(3) Each meeting of the committee shall be announced
and conducted in accordance with the Open Meetings Act, Government
Code, Chapter 551. The committee is not a "governmental body" as defined
in the Open Meetings Act. Meetings may be conducted in person, through
conference call, or by means of other technology.
(4) Each member of the committee shall be informed
of a committee meeting at least five working days before the meeting.
(5) Five members 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, as specified in paragraph (3) of this subsection.
(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 the business of the
committee. Public comment procedures shall be in accordance with Health
and Human Services policy.
(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 the presiding officer or
appropriate department staff if a member 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
and subcommittee meetings during a calendar year; or
(C) is absent from three consecutive committee meetings.
(3) The validity of an action of the committee is not
affected by the fact that it is taken when a ground for removal of
a member exists.
(i) Staff. The department provides staff support for
the committee.
(j) Procedures. Committee bylaws shall be the basis
of parliamentary decisions except where otherwise provided by law
or rule.
(1) An action taken by the committee must be approved
by a majority vote of the members voting once quorum is established.
(2) Each member shall have one vote.
(3) A member may not authorize another person to represent
the member by proxy.
(4) 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.
(5) The department staff will take minutes of each
committee meeting and the committee will review the minutes for possible
approval at the next scheduled meeting.
(k) Subcommittees. The committee may establish subcommittees
as necessary to assist the committee in carrying out its duties.
(1) The presiding officer shall appoint members of
the committee to serve on subcommittees and to act as subcommittee
chairpersons. The presiding officer may also appoint nonmembers of
the committee to serve on subcommittees. Subcommittee members shall
serve for a term of one year expiring August 31.
(2) Subcommittees shall be composed of no more than
four members of the committee and no more than three nonmembers. The
committee shall maintain a roster of each subcommittee.
(3) Subcommittees shall meet when called by the subcommittee
chairperson or when so directed by the committee.
(4) A subcommittee chairperson shall make regular reports
to the advisory committee at each committee meeting 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 Executive Commissioner, the Commissioner, 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 Executive Commissioner, the Commissioner, the department, or committee.
(2) The committee and its members shall follow the
policy and provisions as outlined in the statement by members document
in accordance with adopted committee bylaws.
(m) Reports. The committee shall prepare and file an
annual written report with the Commissioner.
(1) The report shall list:
(A) the meeting dates of the committee and any subcommittees;
(B) the attendance records of its members;
(C) a brief description of actions taken by the committee;
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