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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 85LOCAL PUBLIC HEALTH
RULE §85.2Public Health Funding and Policy Committee

    (B) After approval by the committee, the minutes shall be signed by the presiding officer.

(m) 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 also may appoint nonmembers of the committee to serve on subcommittees, subject to the approval of the commissioner.

  (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 committee meeting or in interim written reports as needed. The reports shall include an executive summary or minutes of each subcommittee meeting.

(n) Statement by members.

  (1) The Health and Human Services Commission (commission), the State Health Services Council (council), the department, and the committee shall not be bound in any way by any statement or action on the part of any committee member or subcommittee member except when a statement or action is in pursuit of specific instructions from the commission, council, department, or committee.

  (2) The committee and its members or subcommittee members may not participate in legislative activity in the name of the commission, the council, 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.

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

  (5) A committee member or subcommittee 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 committee member or subcommittee member who has a personal or private interest in a matter pending before the committee shall 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) Reports to department. The committee shall file an annual written report with the department.

  (1) The report shall list the meeting dates of the committee and any subcommittees, the attendance records of its members, a brief description of actions taken by the committee, a description of how the committee has accomplished the tasks given to the committee by the council, the status of any rules which were recommended by the committee to the council, and anticipated activities of the committee for the next year.

  (2) The report shall identify all costs related to the committee's existence, including the cost of agency staff time spent in support of the committee's activities and the source of funds used to support the committee's activities.

  (3) The report shall cover the meetings and activities in the immediately preceding fiscal year and shall be filed with the council each January. The report shall be signed by the presiding officer.

(p) In accordance with the Health and Safety Code, §117.1033, beginning in 2012, not later than November 30 of each year the committee shall file a report on the implementation of the Health and Safety Code, Chapter 117 with the governor, the lieutenant governor, and the speaker of the house of representatives.

(q) Reimbursement for expenses. In accordance with the Health and Safety Code, §117.054, a committee member is not entitled to compensation for service on the committee and is not entitled to reimbursement for any travel expenses.


Source Note: The provisions of this §85.2 adopted to be effective May 30, 2013, 38 TexReg 3353

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