|(a) The committee. An advisory committee shall be appointed
under and governed by this section.
(1) The name of the committee shall be the Promotor(a)
or Community Health Worker Training and Certification Advisory Committee.
(2) The committee is established under the Health and
Safety Code, §48.101.
(b) Applicable law. The committee is subject to Government
Code, Chapter 2110, concerning state agency advisory committees.
(c) Purpose and tasks.
(1) The committee shall advise the department and the
commission on the implementation of standards, guidelines, and requirements
adopted under the Health and Safety Code, Chapter 48, relating to
the training and regulation of persons working as promotores or community
(2) The committee shall advise the department on matters
related to the employment and funding of promotores and community
(3) The committee shall provide to the department recommendations
for a sustainable program for promotores and community health workers
consistent with the purposes of Health and Safety Code, Chapter 48,
(4) The committee shall review applications from sponsoring
organizations, and recommend certification to the department if program
requirements are met.
(d) Review and duration. By May 1, 2019, the Executive
Commissioner will initiate and complete a review of the committee
to determine whether the committee should be continued, consolidated
with another committee, or abolished. If the committee is not continued
or consolidated, the committee shall be abolished on that date.
(e) Composition. The committee shall be composed of
nine members appointed by the Commissioner. The composition of the
committee shall include:
(1) four promotores or community health workers currently
certified by the department;
(2) two public members, which may include consumers
of community health work services or individuals 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.
(f) Terms of office. The term of office of each member
shall be three years, and the member may be reappointed once.
(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 January 1st of each
(g) Officers. The Commissioner shall appoint members
of the advisory committee as presiding officer and assistant presiding
officer after August 31st of each year.
(1) Each officer shall serve until the next appointment
(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,
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.
(3) 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.
(4) A member shall serve no more than two consecutive
terms as presiding officer and/or assistant presiding officer.
(5) The committee may reference its officers by other
terms, such as chairperson and vice-chairperson.
(h) Meetings. The committee shall meet only as necessary
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
(2) Meeting arrangements shall be made by department
staff. Department staff shall contact committee members to determine
availability for a meeting date and place. Meetings may be conducted
in person, through conference call, or other technology.
(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. However, in order to promote public participation,
each meeting of the committee shall be announced and conducted in
accordance with the Open Meetings Act, Government Code, Chapter 551,
with the exception that the provisions allowing executive sessions
shall not apply.
(4) Each member of the committee shall be informed
of a committee meeting at least five working days before the meeting.
(5) A simple majority of the members of the committee
shall constitute a quorum for the purpose of transacting official
(6) The committee is authorized to transact official
business only when in a legally constituted meeting with quorum present.
(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 business. The presiding
officer may establish procedures for public comment, including a time
limit on each comment.
(i) 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 he or she is unable to attend a scheduled
(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 for which the member is appointed because of illness or
disability, is absent from more than half of the committee and subcommittee
meetings during a calendar year, or is absent from at least 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.
(4) The attendance records of the members shall be
reported to the Commissioner. The report shall include attendance
at committee and subcommittee meetings.
(j) Staff. Staff support for the committee shall be
provided by the department.
(k) Procedures. Roberts Rules of Order, Newly Revised,
11th Edition, shall be the basis of parliamentary decisions except
where otherwise provided by law or rule.
(1) Any action taken by the committee must be approved
by a majority vote of the members present once quorum is established.
(2) Each member shall have one vote.
(3) A member may not authorize another individual 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
(5) Minutes of each committee meeting shall be taken
by department staff and approved by the committee at the next scheduled
(l) 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.
(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 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.
(m) Statement by members.
(1) The Executive 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,
department, or committee.
(2) The committee and its members may not participate
in legislative activity in the name of the Executive Commissioner,
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
(3) A committee 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 should not disclose confidential
information acquired through his or her committee membership.
(5) A committee 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 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.
(n) Reports to the Executive Commissioner. The committee
shall file an annual written report with the Executive Commissioner.
(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 department and the commission, the status of any rules which
were recommended by the committee to the department and the commission,
anticipated activities of the committee for the next year, and any
amendments to this section requested by the committee.
(2) The report shall identify the costs related to
(3) The report shall cover the meetings and activities
in the immediate preceding calendar year and shall be filed with the
Executive Commissioner each April of the following year.
(4) The report may include data and results to track
program milestones and outcomes.
(o) Reimbursement for expenses. In accordance with
the requirements set forth in the 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 committee
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) A nonmember of the committee who is appointed to
serve on a subcommittee may not receive reimbursement for expenses
from the department.
(4) Each member who is to be reimbursed for expenses
shall submit to staff the member's receipts for expenses and any required
official forms not later than 14 days after each committee meeting.
(5) Requests for reimbursement of expenses shall be
made on official state vouchers prepared by department staff.