| (a) The Preparedness Coordinating Council (PCC).
(1) The PCC shall be appointed under and governed by
this section.
(2) The PCC is established under the Health and Safety
Code, §11.016, which authorizes the Health and Human Services
Commission (commission) to establish advisory committees and Title
42 United States Code §247d-3a (b) which requires an advisory
committee (or similar mechanism) to obtain input on preparedness planning.
(b) Applicable law. The PCC is subject to the Government
Code, Chapter 2110, concerning state agency advisory councils.
(c) Purpose. The purpose of the PCC is to advise and
assist the Department of State Health Services (department) as a multidisciplinary
strategic review forum concerning topics related to preparedness,
response, recovery, and mitigation activities in Texas at the state-level
as they pertain to Emergency Support Function (ESF)-8 (Public Health
and Medical).
(d) Tasks.
(1) The PCC will assist the department by providing
strategic guidance to promote better consensus and coordination of
state and local efforts to improve public health and medical preparedness.
(2) The PCC shall carry out any other tasks assigned
by the department as part of department's strategic and operational
planning processes.
(e) Composition. The PCC shall be composed of no fewer
than 18 external members and no more than six ad hoc internal department
members, so long as total membership does not exceed 24 total members.
(1) The composition of the external membership shall
reflect a broad spectrum of key preparedness partners.
(2) The external members of the PCC shall be appointed
by the Executive Commissioner of the Health and Human Services Commission
(commission).
(f) Terms of office. The term of office of each member
shall be six years. Members shall be appointed for staggered terms
so that the terms of six members will expire on December 31 of each
even-numbered year.
(g) Officers. The PCC shall select from its members
the presiding officer and an assistant presiding officer.
(1) The presiding officer shall serve until December
31 of each even-numbered year. The assistant presiding officer shall
serve until December 31 of each odd-numbered year. Both the presiding
officer and the assistant presiding officer may holdover until his
or her replacement is elected by the PCC.
(2) The presiding officer shall preside at all PCC
meetings which he or she attends, call meetings in accordance with
this section, appoint subcommittees of the PCC as necessary, and cause
proper reports to be made to the department. The presiding officer
may serve as an ex-officio member of any subcommittee of the PCC.
(3) If the office of presiding officer or assistant
presiding officer becomes vacant, it may be filled by vote of the
PCC.
(4) A member shall serve no more than two consecutive
terms as presiding officer or assistant presiding officer.
(5) The PCC may reference its officers by other terms,
such as chairperson and vice-chairperson.
(h) Meetings. The PCC shall meet as necessary as determined
by the department, but no less than quarterly, to conduct business.
(1) A meeting may be called by agreement of department
staff and either the presiding officer or at least three members of
the PCC.
(2) Meeting arrangements shall be made by department
staff. Department staff shall contact PCC members to determine availability
for a meeting date and place.
(3) The PCC is not a "governmental body" as defined
in the Open Meetings Act.
(4) Each member of the PCC shall be informed of a PCC
meeting at least five working days before the meeting.
(5) A simple majority of the appointed external members
of the PCC shall constitute a quorum for the purpose of transacting
official business.
(6) The PCC is authorized to transact official business
only when in a legally constituted meeting with a quorum present.
(7) The agenda for each PCC meeting shall include an
opportunity for new business or for any member to address the PCC
on matters relating to PCC business.
(i) Attendance. Members shall attend PCC meetings as
scheduled.
(1) A member shall notify the appropriate department
staff or presiding officer if he or she is unable to attend a scheduled
meeting.
(2) PCC members who anticipate the inability to attend
or have the need to be represented by an alternate for more than half
of the PCC and subcommittee meetings in a 12-month period, should
notify their agency of the need to nominate a replacement representative
for the duration of their term.
(3) The validity of an action of the PCC is not affected
by the fact that it is taken when a ground for removal of a member
exists.
(j) Staff. Staff support for the PCC shall be provided
by the department or its contractors.
(k) Procedures. Roberts Rules of Order, Newly Revised,
shall be the basis of parliamentary decisions except where otherwise
provided by law or rule.
(1) Any formal statement, recommendation, or agency
level concern taken by the PCC must be approved by a majority vote
of the external members present once a quorum is established.
(2) Each external member shall have one vote. Ad hoc
members and proxies may not vote.
(3) The PCC 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 and shall strive to consider the needs of populations with
functional and access needs in their deliberations.
(4) Minutes of each PCC meeting shall be taken by department
staff or its contractors.
(A) A draft of the minutes approved by the presiding
officer shall be provided to the department and each member of the
PCC within 30 days of each meeting.
(B) After approval by the PCC, the minutes shall be
signed by the presiding officer.
(l) Statement by members.
(1) The commission, the department, and the PCC shall
not be bound in any way by any statement, recommendation, or action
on the part of any PCC member except when a statement or action is
in pursuit of specific instructions from the commission, department,
or PCC.
(2) The PCC and its members may not participate in
legislative activity in the name of the commission, the department,
or the PCC except with approval through the department's legislative
process. PCC members are not prohibited from representing themselves
or other entities in the legislative process.
(3) A PCC member 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 PCC member should not disclose confidential information
acquired through his or her membership.
(5) A PCC member should 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 PCC member who has a personal or private interest
in a matter pending before the department shall publicly disclose
the fact in a council meeting and may not vote or otherwise participate
in the matter. The phrase "personal or private interest" means the
member has a direct pecuniary interest in the matter but does not
include the 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.
(m) Reports to the department. The PCC shall file an
annual written report with the department.
(1) The report shall list the meeting dates of the
PCC, the attendance records of its members, a brief description of
actions taken by the PCC, a description of how the PCC has accomplished
the tasks given to the PCC by the department, the status of any rules
which were recommended by the PCC to the department, and anticipated
activities of the PCC for the next year.
(2) The report shall identify the costs related to
the PCC's existence, including the cost of agency staff time spent
in support of the PCC's activities and the source of funds used to
support the PCC's activities.
(3) The report shall cover the meetings and activities
in the immediately preceding fiscal year and shall be filed with the
department each January. The report shall be signed by the presiding
officer.
Cont'd... |
