|(a) The committee. The Texas School Health Advisory
Committee (committee) shall be appointed under and governed by this
(b) Applicable law. Texas Government Code, §2110.008,
does not apply to a committee created under this section. The committee
is subject to the Texas Health and Safety Code, §1001.0711, concerning
the School Health Advisory Committee and the Texas Education Code, §38.104(c).
(c) Purpose. The purpose of the committee is to provide
assistance in establishing a leadership role for the Department of
State Health Services (department) in support for and delivery of
coordinated school health programs and school health services. In
addition, the committee is to review the analysis of the required
student physical fitness assessment adopted by the Texas Education
Agency (TEA) and develop recommendations as outlined in Texas Education
(1) The committee shall be composed of one representative
from the Texas Department of Agriculture (TDA), appointed by the Commissioner
of Agriculture; one representative from TEA, appointed by the Commissioner
of Education; the department's School Health Program Coordinator or
other department representative; and 17 members appointed by the Executive
Commissioner of the Health and Human Services Commission (commission)
which shall consist of:
(A) two individuals representing school superintendents,
assistant superintendents, school principals, assistant principals,
or school district board members;
(B) one registered nurse working in a school as a school
nurse or school nurse administrator;
(C) five consumer members who are parents of school-age
children with at least one parent of a child with special needs;
(D) one physician, or physician's assistant, or nurse
practitioner currently providing health services to school-aged children;
(E) one representative working in a school as a school
counselor with certification as a school counselor;
(F) four members representing a nonprofit or not-for-profit
entity directly working with schools or school-aged children to support
student learning, development, mental health, substance abuse, and
health-related activities with no more than one member representing
an institution of higher education;
(G) one representative working in a school as a physical
educator or physical education administrator with certification as
a physical educator;
(H) one representative working in a school as a health
educator or health education administrator with certification as a
health educator; and
(I) one representative working in the school setting
as part of the district's school nutrition program.
(2) In an effort to build a committee reflective of
the current Texas population, special consideration will be given
(A) race, gender, age, and ethnic diversity;
(B) urban, rural, and suburban diversity; and
(C) a broad statewide geographic representation whenever
(3) Membership appointments shall include one alternate
member for each appointed position. The alternate will automatically
be appointed as a member if the designated appointee is unable or
unwilling to fulfill that role; or, whenever there is a vacancy. The
appointed alternate will perform the same duties and have the same
privileges as the appointed member in fulfilling the unexpired term.
(e) Terms of office. The term of office of each member
shall be four years. Members shall serve after expiration of their
term until a replacement is appointed.
(1) Members shall be appointed for staggered terms
so that the terms of a substantially equivalent number of members
will expire on July 31 of each year.
(2) A member whose term is expiring has the option
to apply for appointment for one additional term.
(f) Officers. The committee members shall elect a presiding
officer and an assistant presiding officer to begin serving a two-year
term on August 1 of their term.
(1) Each officer shall serve until July 31 of their
(2) The presiding officer shall preside at all committee
meetings at which he or she is in attendance, call meetings in accordance
with this section, appoint subcommittees of the committee as, necessary.
The presiding officer may serve as an ex-officio member of any subcommittee
of the committee.
(3) The assistant presiding officer shall act for the
presiding officer during the presiding officer's absence and shall
assume the office of presiding officer in the event of a vacancy.
(4) If the office of assistant presiding officer becomes
vacant, it may be filled by a vote of the committee.
(5) A member shall serve no more than two terms as
(6) The committee may reference its officers by other
terms, such as chairperson and vice-chairperson.
(g) Meetings. The committee shall meet at least twice
(1) A meeting may be called by agreement of the department
staff and either the presiding officer or at least three members of
(2) The department shall make meeting arrangements
and shall contact committee members to determine availability for
a meeting date and place.
(3) Meetings shall be announced and conducted in accordance
with the Open Meetings Act, Texas Government Code, Chapter 551.
(4) Each member of the committee shall be informed
of a committee meeting at least ten working days before the meeting.
(5) A simple majority 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
(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 committee business.
The presiding officer may establish procedures for public comment,
including a time limit on each comment.
(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 appropriate department staff
if he or she is unable to attend a scheduled meeting.
(2) It is grounds for removal from the committee if
a member cannot discharge the member's duties for a substantial part
of the term, is absent for more than half of the committee and subcommittee
meetings during a calendar year, or is absent from at least three
consecutive committee meetings. If the absences are determined to
be reasonable, the member shall remain on the committee.
(3) If a member is removed from the committee before
the end of the member's term, the alternate appointee for the position
will serve out the remaining portion of the term.
(4) 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 exist.
(i) Staff. The department shall provide administrative
support for the committee.
(j) Procedures. Roberts Rules of Order, Newly Revised,
shall be the basis of parliamentary decisions except where otherwise
provided by law or rule.
(1) Any committee action must be approved with a quorum
present and by a majority vote or consensus of the members present.
(2) Any committee recommendations must be adopted pursuant
to a simple majority vote on a motion duly made and seconded.
(3) Each member shall have one vote.
(4) A member may not authorize another individual to
represent the member by proxy with the exception of the TDA, TEA,
and department representatives appointed by the commissioners of these
agencies. The commissioners of these agencies may appoint alternates
to attend and vote.
(5) 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
(6) Minutes of each committee meeting shall be taken
by the department staff.
(A) After approval by the committee, the minutes shall
be signed by the presiding officer.
(B) A copy of the minutes approved by the committee
and signed by the presiding officer shall be posted to the department's
website at dshs.texas.gov within 30 days of approval and signature.
Committee members will receive minutes of each meeting at least five
days before the following meeting.
(k) Subcommittees. The committee may establish subcommittees
as necessary to assist the committee in carrying out its duties.
(1) The presiding officer shall ask for volunteers
and appoint members of the committee to serve on subcommittees and
to act as subcommittee chairpersons.
(2) Subcommittees shall meet when called by the subcommittee
chairperson or when so directed by the committee.
(3) A subcommittee chairperson shall make regular reports
to the committee at each of its meetings 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 commission, 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 commission, department, or committee.
(2) The committee and its members may not participate
in legislative or advocacy activities in the name of the commission,
the department or the committee except with approval through the department's
legislative process. Committee members are not prohibited from representing
themselves or other entities in the legislative process. The committee
will make recommendations per statutory requirements.
(m) Reports to commissioner of the department. The
committee shall file an annual written report of the committee's activities
to the commissioner according to department policy. The committee
shall post the meeting dates of the committee and any subcommittees,
meeting agendas, and meeting minutes on the department's website at
(n) Reimbursement for expenses. In accordance with
the requirements set forth in the 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
(1) No compensatory per diem shall be paid to members
unless required by law.
(2) A committee member who is an employee of a state
agency, other than the department, may not receive reimbursement for
expenses from the department.
(3) Each member who is eligible to be reimbursed for
expenses shall submit to department staff the member's receipts for
allowable expenses as determined by school health program guidelines,
and any required official forms not later than 14 days after each
(4) Requests for reimbursement of expenses shall be
made on official state vouchers prepared by department staff.