Texas 2011 - 82nd Regular

Texas House Bill HB2229 Compare Versions

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1	1	By: Coleman, Naishtat, Marquez H.B. No. 2229
2	2	(Senate Sponsor - Ellis)
3	3	(In the Senate - Received from the House April 28, 2011;
4	4	April 28, 2011, read first time and referred to Committee on Health
5	5	and Human Services; May 11, 2011, reported favorably by the
6	6	following vote: Yeas 8, Nays 1; May 11, 2011, sent to printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the creation of the Texas HIV Medication Advisory
12	12	Committee.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Chapter 85, Health and Safety Code, is amended by
15	15	adding Subchapter K to read as follows:
16	16	SUBCHAPTER K. TEXAS HIV MEDICATION ADVISORY COMMITTEE
17	17	Sec. 85.271. DEFINITIONS. In this subchapter:
18	18	(1) "Commissioner" means the commissioner of the
19	19	department.
20	20	(2) "Committee" means the Texas HIV Medication
21	21	Advisory Committee.
22	22	(3) "Executive commissioner" means the executive
23	23	commissioner of the Health and Human Services Commission.
24	24	(4) "Program" means the Texas HIV medication program
25	25	established under Subchapter C.
26	26	Sec. 85.272. TEXAS HIV MEDICATION ADVISORY COMMITTEE.
27	27	(a) The executive commissioner shall establish the committee.
28	28	(b) The committee consists of 11 members appointed by the
29	29	executive commissioner. The committee must include:
30	30	(1) three physicians who are actively engaged in the
31	31	treatment of adults who are infected with HIV;
32	32	(2) one physician who is actively engaged in the
33	33	treatment of infants and children who are infected with HIV;
34	34	(3) four consumers who are diagnosed with HIV;
35	35	(4) one person who is an administrator for a public,
36	36	nonprofit hospital that provides services to individuals who are
37	37	infected with HIV;
38	38	(5) one social worker who works with individuals who
39	39	are infected with HIV; and
40	40	(6) one pharmacist who participates in the program.
41	41	(c) The department shall provide staff support for the
42	42	committee.
43	43	(d) Except as provided by this subchapter, the committee is
44	44	subject to Chapter 2110, Government Code.
45	45	Sec. 85.273. DUTIES. (a) The committee shall advise the
46	46	executive commissioner and the department in the development of
47	47	procedures and guidelines for the program.
48	48	(b) The committee shall:
49	49	(1) review the program's goals and aims;
50	50	(2) evaluate the program's ongoing efforts;
51	51	(3) recommend both short-range and long-range goals
52	52	and objectives for medication needs; and
53	53	(4) perform any other tasks assigned by the executive
54	54	commissioner.
55	55	Sec. 85.274. TERMS. A committee member serves at the will
56	56	of the executive commissioner.
57	57	Sec. 85.275. OFFICERS. (a) The committee shall select a
58	58	presiding officer and an assistant presiding officer from the
59	59	committee members.
60	60	(b) An officer shall begin serving on March 1 of each
61	61	odd-numbered year and serve until February 27 of the following
62	62	odd-numbered year.
63	63	(c) An officer may continue to serve until a replacement is
64	64	elected for the officer's position.
65	65	(d) The presiding officer shall:
66	66	(1) preside at all committee meetings attended by the
67	67	presiding officer;
68	68	(2) call meetings in accordance with this subchapter;
69	69	(3) appoint subcommittees as necessary; and
70	70	(4) ensure annual reports are made to the
71	71	commissioner.
72	72	(e) The presiding officer may serve as an ex officio member
73	73	of any subcommittee.
74	74	(f) The assistant presiding officer shall:
75	75	(1) perform the duties of the presiding officer if the
76	76	presiding officer is absent or becomes disabled; and
77	77	(2) complete the unexpired portion of the presiding
78	78	officer's term if the office of the presiding officer becomes
79	79	vacant.
80	80	(g) The committee may elect a committee member to replace
81	81	the assistant presiding officer if the office of the assistant
82	82	presiding officer becomes vacant.
83	83	Sec. 85.276. MEETINGS. (a) The committee shall meet only
84	84	as necessary to conduct committee business.
85	85	(b) A meeting may be called by agreement between the
86	86	department staff and:
87	87	(1) the presiding officer; or
88	88	(2) three or more members of the committee.
89	89	(c) The department staff shall:
90	90	(1) make meeting arrangements; and
91	91	(2) contact each committee member to determine the
92	92	member's availability for a meeting date and place.
93	93	(d) The committee is not a "governmental body" as defined by
94	94	Chapter 551, Government Code. However, each committee meeting must
95	95	be announced and conducted in accordance with Chapter 551,
96	96	Government Code, except that the provisions allowing executive
97	97	sessions do not apply to the committee.
98	98	(e) Each member of the committee must be informed of a
99	99	committee meeting at least five working days before the meeting is
100	100	to take place.
101	101	(f) An agenda for each committee meeting must include an
102	102	item entitled "public comment" under which any person may address
103	103	the committee on matters relating to committee business. The
104	104	presiding officer may establish procedures for public comment,
105	105	including a time limit for each comment.
106	106	Sec. 85.277. ATTENDANCE. (a) A member shall attend:
107	107	(1) a scheduled committee meeting; and
108	108	(2) a meeting of a subcommittee to which the member is
109	109	assigned.
110	110	(b) A member shall notify the presiding officer or the
111	111	appropriate department staff if the member is unable to attend a
112	112	scheduled meeting.
113	113	(c) The committee shall include the attendance records of
114	114	each member in the committee's annual report to the commissioner.
115	115	The report must include a member's attendance at both committee and
116	116	subcommittee meetings.
117	117	Sec. 85.278. PROCEDURES. (a) The committee shall use
118	118	Robert's Rules of Order as the basis of parliamentary decisions
119	119	except as provided by other law or rule.
120	120	(b) An action taken by the committee must be approved by a
121	121	majority vote of the members present after a quorum is established.
122	122	(c) Each member shall have one vote.
123	123	(d) A member may not authorize another individual to
124	124	represent the member by proxy.
125	125	(e) The committee shall make decisions in the discharge of
126	126	the committee's duties without discrimination based on a person's
127	127	race, creed, gender, religion, national origin, age, physical
128	128	condition, or economic status.
129	129	(f) The department staff shall take minutes of each
130	130	committee meeting. After the minutes are approved by the
131	131	committee, the presiding officer shall sign the minutes.
132	132	Sec. 85.279. SUBCOMMITTEES. (a) The committee may
133	133	establish subcommittees as necessary to assist the committee in
134	134	performing the committee's duties.
135	135	(b) The presiding officer shall appoint committee members
136	136	to serve on subcommittees and to act as subcommittee chairs. The
137	137	presiding officer may appoint a person who is not a committee member
138	138	to serve on a subcommittee.
139	139	(c) A subcommittee shall meet when called by the
140	140	subcommittee's chair or when directed by the committee.
141	141	(d) A subcommittee chair shall make a regular report to the
142	142	committee at each committee meeting or in an interim written report
143	143	as needed. The report must include an executive summary or minutes
144	144	of each subcommittee meeting.
145	145	Sec. 85.280. STATEMENT BY MEMBER; MEMBER DUTIES. (a) The
146	146	executive commissioner, the department, and the committee may not
147	147	be bound by any statement made or action taken by a committee member
148	148	unless the member makes the statement or takes the action based on
149	149	specific instructions from the executive commissioner, the
150	150	department, or the committee.
151	151	(b) The committee and committee members may not participate
152	152	in any legislative activity in the name of the executive
153	153	commissioner, the department, or the committee unless the committee
154	154	or committee member obtains approval through the department's
155	155	legislative process. Committee members may represent themselves or
156	156	another entity in the legislative process.
157	157	(c) A committee member may not accept or solicit a benefit
158	158	that might reasonably tend to influence the member in the discharge
159	159	of the member's official duties.
160	160	(d) A committee member may not disclose confidential
161	161	information acquired through the member's service on the committee.
162	162	(e) A committee member may not knowingly solicit, accept, or
163	163	agree to accept a benefit for exercising the member's official
164	164	powers or duties in favor of another person.
165	165	(f) A committee member who has a personal or private
166	166	interest in a matter pending before the committee shall publicly
167	167	disclose the fact and may not vote or otherwise participate in the
168	168	matter.
169	169	(g) In this section, "personal or private interest" means a
170	170	direct pecuniary interest in a matter but does not include a
171	171	person's engagement in a profession, trade, or occupation if the
172	172	person's interest is the same as any other person who is similarly
173	173	engaged in the profession, trade, or occupation.
174	174	Sec. 85.281. COMPENSATION; EXPENSES. (a) A committee
175	175	member may receive reimbursement for expenses incurred for each day
176	176	the member engages in official committee business if the
177	177	reimbursement is authorized by the General Appropriations Act or
178	178	through the budget execution process.
179	179	(b) A committee member is not entitled to a salary or
180	180	stipend unless required by law.
181	181	(c) A committee member who is an employee of a state agency,
182	182	other than the department, is not entitled to reimbursement for
183	183	expenses from the department.
184	184	(d) A person who serves on a subcommittee and who is not a
185	185	committee member is not entitled to reimbursement for expenses from
186	186	the department.
187	187	(e) Only a consumer who is diagnosed with HIV and serves as a
188	188	committee member is eligible for reimbursement of actual travel
189	189	expenses incurred.
190	190	(f) A committee member who is eligible for reimbursement of
191	191	expenses shall submit to the department staff the member's receipts
192	192	for the expenses and any required forms not later than 14 days after
193	193	a committee meeting.
194	194	(g) A member shall make a request for reimbursement of
195	195	expenses on an official state travel voucher prepared by the
196	196	department staff.
197	197	Sec. 85.282. REPORTS. (a) The committee shall file an
198	198	annual written report with the commissioner not later than March 31
199	199	of each year. The report must cover the meetings and activities of
200	200	the committee for the year preceding the date of the report.
201	201	(b) The report must include:
202	202	(1) the meeting dates of the committee and any
203	203	subcommittee;
204	204	(2) attendance records for each committee member;
205	205	(3) a brief description of any action taken by the
206	206	committee;
207	207	(4) a description of how the committee has
208	208	accomplished any specific tasks officially given to the committee;
209	209	(5) the status of any rules recommended by the
210	210	committee; and
211	211	(6) the anticipated activities of the committee for
212	212	the following year.
213	213	(c) The committee shall identify the costs for the
214	214	committee's existence in the report, including the cost of
215	215	department staff used to support the committee's activities and the
216	216	source of funds used to support the committee's activities.
217	217	(d) The presiding officer and appropriate department staff
218	218	shall sign the report.
219	219	SECTION 2. Section 85.066, Health and Safety Code, is
220	220	repealed.
221	221	SECTION 3. (a) The executive commissioner of the Health and
222	222	Human Services Commission shall appoint the initial members of the
223	223	Texas HIV Medication Advisory Committee as provided by Section
224	224	85.272, Health and Safety Code, as added by this Act, as promptly as
225	225	possible after the effective date of this Act. The executive
226	226	commissioner may appoint, but is not required to appoint, initial
227	227	members to the committee who served on the advisory committee
228	228	previously established under Section 85.066, Health and Safety
229	229	Code, as repealed by this Act.
230	230	(b) The members of the Texas HIV Medication Advisory
231	231	Committee shall, at the first meeting of the committee, select a
232	232	presiding officer and an assistant presiding officer, and
233	233	notwithstanding Section 85.275(b), Health and Safety Code, as added
234	234	by this Act, the initial terms of those officers begin on the date
235	235	of selection.
236	236	SECTION 4. This Act takes effect immediately if it receives
237	237	a vote of two-thirds of all the members elected to each house, as
238	238	provided by Section 39, Article III, Texas Constitution. If this
239	239	Act does not receive the vote necessary for immediate effect, this
240	240	Act takes effect September 1, 2011.
241	241	* * * * *