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RULE §146.3Promotor(a) or Community Health Worker Training and Certification Advisory Committee
Repealed Date:08/20/2019

(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 health workers.

  (2) The committee shall advise the department on matters related to the employment and funding of promotores and community health workers.

  (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, Subchapter C.

  (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 year.

(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 of officers.

  (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 the committee.

  (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 business.

  (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 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 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 status.

  (5) Minutes of each committee meeting shall be taken by department staff and approved by the committee at the next scheduled meeting.

(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 process.

  (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 the committee.

  (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 process.

  (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.

Source Note: The provisions of this §146.3 adopted to be effective June 24, 2015, 40 TexReg 3828

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