1 | 1 | | 89R5645 JTZ-D |
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2 | 2 | | By: González of El Paso H.B. No. 5262 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the establishment of a school health and related |
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10 | 10 | | services program advisory council. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Subtitle E, Title 2, Health and Safety Code, is |
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13 | 13 | | amended by adding Chapter 106 to read as follows: |
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14 | 14 | | CHAPTER 106. SCHOOL HEALTH AND RELATED SERVICES PROGRAM |
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15 | 15 | | ADVISORY COUNCIL |
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16 | 16 | | Sec. 106.001. DEFINITIONS. In this chapter: |
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17 | 17 | | (1) "Advisory council" means the school health and |
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18 | 18 | | related services program advisory council established under this |
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19 | 19 | | chapter. |
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20 | 20 | | (2) "Agency" means the Texas Education Agency. |
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21 | 21 | | (3) "Program" means the school health and related |
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22 | 22 | | services program under which certain health-related services |
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23 | 23 | | provided through a student's individualized education program are |
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24 | 24 | | eligible for Medicaid reimbursement. |
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25 | 25 | | Sec. 106.002. COMPOSITION OF COUNCIL. (a) The advisory |
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26 | 26 | | council is composed of 13 members as follows: |
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27 | 27 | | (1) one agency employee with administrative duties |
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28 | 28 | | involving the program; |
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29 | 29 | | (2) two commission employees with administrative |
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30 | 30 | | duties involving the program; |
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31 | 31 | | (3) one superintendent or chief financial officer of a |
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32 | 32 | | school district with a student enrollment of at least 5,000 |
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33 | 33 | | students; |
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34 | 34 | | (4) one superintendent or chief financial officer of a |
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35 | 35 | | school district eligible for the allotment under Section 48.101(c), |
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36 | 36 | | Education Code; |
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37 | 37 | | (5) one superintendent or chief financial officer of a |
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38 | 38 | | school district eligible for the allotment under Section 48.101(b) |
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39 | 39 | | or (d), Education Code; |
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40 | 40 | | (6) one special education director employed by a |
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41 | 41 | | school district described by Subdivision (3); |
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42 | 42 | | (7) one special education director employed by a |
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43 | 43 | | school district described by Subdivision (4); |
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44 | 44 | | (8) one special education director employed by a |
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45 | 45 | | school district described by Subdivision (5); |
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46 | 46 | | (9) two persons who are each a parent of a student |
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47 | 47 | | eligible for reimbursement under the program; |
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48 | 48 | | (10) one member of an advocacy group for children with |
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49 | 49 | | special needs; and |
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50 | 50 | | (11) one provider of special education services. |
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51 | 51 | | (b) The commissioner of education shall appoint the member |
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52 | 52 | | described by Subsection (a)(1). The executive commissioner or the |
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53 | 53 | | executive commissioner's designee shall: |
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54 | 54 | | (1) appoint the remaining 12 members to the advisory |
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55 | 55 | | council; and |
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56 | 56 | | (2) designate one member as chair of the advisory |
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57 | 57 | | council. |
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58 | 58 | | (c) An appointment to a vacancy on the advisory council |
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59 | 59 | | shall be made in the same manner as the original appointment. A |
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60 | 60 | | member is eligible for reappointment. |
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61 | 61 | | Sec. 106.003. TERMS. Members of the advisory council serve |
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62 | 62 | | staggered four-year terms, with the terms of six or seven members |
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63 | 63 | | expiring on August 31 of each odd-numbered year. |
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64 | 64 | | Sec. 106.004. REIMBURSEMENT. Members of the advisory |
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65 | 65 | | council serve without compensation but are entitled to |
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66 | 66 | | reimbursement for travel expenses. |
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67 | 67 | | Sec. 106.005. COUNCIL DUTIES; ADVISORY STATUS. (a) The |
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68 | 68 | | advisory council shall advise the agency and the commission |
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69 | 69 | | regarding: |
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70 | 70 | | (1) implementing and administering the program; |
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71 | 71 | | (2) incorporating changes to federal law governing the |
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72 | 72 | | program; and |
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73 | 73 | | (3) any other issue involving the administration of |
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74 | 74 | | the program. |
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75 | 75 | | (b) Chapter 2110, Government Code, does not apply to the |
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76 | 76 | | advisory council. |
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77 | 77 | | Sec. 106.006. ADMINISTRATIVE SUPPORT AND FUNDING. (a) The |
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78 | 78 | | commission shall provide administrative support for the advisory |
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79 | 79 | | council. |
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80 | 80 | | (b) Funding for the administrative and operational expenses |
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81 | 81 | | of the advisory council shall be provided through legislative |
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82 | 82 | | appropriation to the commission for that purpose. |
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83 | 83 | | Sec. 106.007. RULES. The executive commissioner may adopt |
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84 | 84 | | rules as necessary to implement this chapter. |
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85 | 85 | | SECTION 2. As soon as practicable and not later than October |
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86 | 86 | | 1, 2025, the commissioner of education and the executive |
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87 | 87 | | commissioner of the Health and Human Services Commission shall |
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88 | 88 | | appoint the members of the school health and related services |
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89 | 89 | | program advisory council established under Chapter 106, Health and |
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90 | 90 | | Safety Code, as added by this Act, and shall provide for staggered |
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91 | 91 | | member terms as required by that chapter. |
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92 | 92 | | SECTION 3. This Act takes effect immediately if it receives |
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93 | 93 | | a vote of two-thirds of all the members elected to each house, as |
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94 | 94 | | provided by Section 39, Article III, Texas Constitution. If this |
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95 | 95 | | Act does not receive the vote necessary for immediate effect, this |
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96 | 96 | | Act takes effect September 1, 2025. |
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