82R16603 NAJ-D
By: Coleman, Naishtat H.B. No. 2229
Substitute the following for H.B. No. 2229:
By: Morrison C.S.H.B. No. 2229
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Texas HIV Medication Advisory
Committee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 85, Health and Safety Code, is amended by
adding Subchapter K to read as follows:
SUBCHAPTER K. TEXAS HIV MEDICATION ADVISORY COMMITTEE
Sec. 85.271. DEFINITIONS. In this subchapter:
(1) "Commissioner" means the commissioner of the
department.
(2) "Committee" means the Texas HIV Medication
Advisory Committee.
(3) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(4) "Program" means the Texas HIV medication program
established under Subchapter C.
Sec. 85.272. TEXAS HIV MEDICATION ADVISORY COMMITTEE. (a)
The executive commissioner shall establish the committee.
(b) The committee consists of 11 members appointed by the
executive commissioner. The committee must include:
(1) three physicians who are actively engaged in the
treatment of adults who are infected with HIV;
(2) one physician who is actively engaged in the
treatment of infants and children who are infected with HIV;
(3) four consumers who are diagnosed with HIV;
(4) one person who is an administrator for a public,
nonprofit hospital that provides services to individuals who are
infected with HIV;
(5) one social worker who works with individuals who
are infected with HIV; and
(6) one pharmacist who participates in the program.
(c) The department shall provide staff support for the
committee.
(d) Except as provided by this subchapter, the committee is
subject to Chapter 2110, Government Code.
Sec. 85.273. DUTIES. (a) The committee shall advise the
executive commissioner and the department in the development of
procedures and guidelines for the program.
(b) The committee shall:
(1) review the program's goals and aims;
(2) evaluate the program's ongoing efforts;
(3) recommend both short-range and long-range goals
and objectives for medication needs; and
(4) perform any other tasks assigned by the executive
commissioner.
Sec. 85.274. TERMS. A committee member serves at the will
of the executive commissioner.
Sec. 85.275. OFFICERS. (a) The committee shall select a
presiding officer and an assistant presiding officer from the
committee members.
(b) An officer shall begin serving on March 1 of each
odd-numbered year and serve until February 27 of the following
odd-numbered year.
(c) An officer may continue to serve until a replacement is
elected for the officer's position.
(d) The presiding officer shall:
(1) preside at all committee meetings attended by the
presiding officer;
(2) call meetings in accordance with this subchapter;
(3) appoint subcommittees as necessary; and
(4) ensure annual reports are made to the
commissioner.
(e) The presiding officer may serve as an ex officio member
of any subcommittee.
(f) The assistant presiding officer shall:
(1) perform the duties of the presiding officer if the
presiding officer is absent or becomes disabled; and
(2) complete the unexpired portion of the presiding
officer's term if the office of the presiding officer becomes
vacant.
(g) The committee may elect a committee member to replace
the assistant presiding officer if the office of the assistant
presiding officer becomes vacant.
Sec. 85.276. MEETINGS. (a) The committee shall meet only
as necessary to conduct committee business.
(b) A meeting may be called by agreement between the
department staff and:
(1) the presiding officer; or
(2) three or more members of the committee.
(c) The department staff shall:
(1) make meeting arrangements; and
(2) contact each committee member to determine the
member's availability for a meeting date and place.
(d) The committee is not a "governmental body" as defined by
Chapter 551, Government Code. However, each committee meeting must
be announced and conducted in accordance with Chapter 551,
Government Code, except that the provisions allowing executive
sessions do not apply to the committee.
(e) Each member of the committee must be informed of a
committee meeting at least five working days before the meeting is
to take place.
(f) An agenda for each committee meeting must include an
item entitled "public comment" under which any person may address
the committee on matters relating to committee business. The
presiding officer may establish procedures for public comment,
including a time limit for each comment.
Sec. 85.277. ATTENDANCE. (a) A member shall attend:
(1) a scheduled committee meeting; and
(2) a meeting of a subcommittee to which the member is
assigned.
(b) A member shall notify the presiding officer or the
appropriate department staff if the member is unable to attend a
scheduled meeting.
(c) The committee shall include the attendance records of
each member in the committee's annual report to the commissioner.
The report must include a member's attendance at both committee and
subcommittee meetings.
Sec. 85.278. PROCEDURES. (a) The committee shall use
Robert's Rules of Order as the basis of parliamentary decisions
except as provided by other law or rule.
(b) An action taken by the committee must be approved by a
majority vote of the members present after a quorum is established.
(c) Each member shall have one vote.
(d) A member may not authorize another individual to
represent the member by proxy.
(e) The committee shall make decisions in the discharge of
the committee's duties without discrimination based on a person's
race, creed, gender, religion, national origin, age, physical
condition, or economic status.
(f) The department staff shall take minutes of each
committee meeting. After the minutes are approved by the
committee, the presiding officer shall sign the minutes.
Sec. 85.279. SUBCOMMITTEES. (a) The committee may
establish subcommittees as necessary to assist the committee in
performing the committee's duties.
(b) The presiding officer shall appoint committee members
to serve on subcommittees and to act as subcommittee chairs. The
presiding officer may appoint a person who is not a committee member
to serve on a subcommittee.
(c) A subcommittee shall meet when called by the
subcommittee's chair or when directed by the committee.
(d) A subcommittee chair shall make a regular report to the
committee at each committee meeting or in an interim written report
as needed. The report must include an executive summary or minutes
of each subcommittee meeting.
Sec. 85.280. STATEMENT BY MEMBER; MEMBER DUTIES. (a) The
executive commissioner, the department, and the committee may not
be bound by any statement made or action taken by a committee member
unless the member makes the statement or takes the action based on
specific instructions from the executive commissioner, the
department, or the committee.
(b) The committee and committee members may not participate
in any legislative activity in the name of the executive
commissioner, the department, or the committee unless the committee
or committee member obtains approval through the department's
legislative process. Committee members may represent themselves or
another entity in the legislative process.
(c) A committee member may not accept or solicit a benefit
that might reasonably tend to influence the member in the discharge
of the member's official duties.
(d) A committee member may not disclose confidential
information acquired through the member's service on the committee.
(e) A committee member may not knowingly solicit, accept, or
agree to accept a benefit for exercising the member's official
powers or duties in favor of another person.
(f) A committee member who has a personal or private
interest in a matter pending before the committee shall publicly
disclose the fact and may not vote or otherwise participate in the
matter.
(g) In this section, "personal or private interest" means a
direct pecuniary interest in a matter but does not include a
person's engagement in a profession, trade, or occupation if the
person's interest is the same as any other person who is similarly
engaged in the profession, trade, or occupation.
Sec. 85.281. COMPENSATION; EXPENSES. (a) A committee
member may receive reimbursement for expenses incurred for each day
the member engages in official committee business if the
reimbursement is authorized by the General Appropriations Act or
through the budget execution process.
(b) A committee member is not entitled to a salary or
stipend unless required by law.
(c) A committee member who is an employee of a state agency,
other than the department, is not entitled to reimbursement for
expenses from the department.
(d) A person who serves on a subcommittee and who is not a
committee member is not entitled to reimbursement for expenses from
the department.
(e) Only a consumer who is diagnosed with HIV and serves as a
committee member is eligible for reimbursement of actual travel
expenses incurred.
(f) A committee member who is eligible for reimbursement of
expenses shall submit to the department staff the member's receipts
for the expenses and any required forms not later than 14 days after
a committee meeting.
(g) A member shall make a request for reimbursement of
expenses on an official state travel voucher prepared by the
department staff.
Sec. 85.282. REPORTS. (a) The committee shall file an
annual written report with the commissioner not later than March 31
of each year. The report must cover the meetings and activities of
the committee for the year preceding the date of the report.
(b) The report must include:
(1) the meeting dates of the committee and any
subcommittee;
(2) attendance records for each committee member;
(3) a brief description of any action taken by the
committee;
(4) a description of how the committee has
accomplished any specific tasks officially given to the committee;
(5) the status of any rules recommended by the
committee; and
(6) the anticipated activities of the committee for
the following year.
(c) The committee shall identify the costs for the
committee's existence in the report, including the cost of
department staff used to support the committee's activities and the
source of funds used to support the committee's activities.
(d) The presiding officer and appropriate department staff
shall sign the report.
SECTION 2. Section 85.066, Health and Safety Code, is
repealed.
SECTION 3. (a) The executive commissioner of the Health and
Human Services Commission shall appoint the initial members of the
Texas HIV Medication Advisory Committee as provided by Section
85.272, Health and Safety Code, as added by this Act, as promptly as
possible after the effective date of this Act. The executive
commissioner may appoint, but is not required to appoint, initial
members to the committee who served on the advisory committee
previously established under Section 85.066, Health and Safety
Code, as repealed by this Act.
(b) The members of the Texas HIV Medication Advisory
Committee shall, at the first meeting of the committee, select a
presiding officer and an assistant presiding officer, and
notwithstanding Section 85.275(b), Health and Safety Code, as added
by this Act, the initial terms of those officers begin on the date
of selection.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.