89R5645 JTZ-D
By: González of El Paso H.B. No. 5262
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a school health and related
services program advisory council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle E, Title 2, Health and Safety Code, is
amended by adding Chapter 106 to read as follows:
CHAPTER 106. SCHOOL HEALTH AND RELATED SERVICES PROGRAM
ADVISORY COUNCIL
Sec. 106.001. DEFINITIONS. In this chapter:
(1) "Advisory council" means the school health and
related services program advisory council established under this
chapter.
(2) "Agency" means the Texas Education Agency.
(3) "Program" means the school health and related
services program under which certain health-related services
provided through a student's individualized education program are
eligible for Medicaid reimbursement.
Sec. 106.002. COMPOSITION OF COUNCIL. (a) The advisory
council is composed of 13 members as follows:
(1) one agency employee with administrative duties
involving the program;
(2) two commission employees with administrative
duties involving the program;
(3) one superintendent or chief financial officer of a
school district with a student enrollment of at least 5,000
students;
(4) one superintendent or chief financial officer of a
school district eligible for the allotment under Section 48.101(c),
Education Code;
(5) one superintendent or chief financial officer of a
school district eligible for the allotment under Section 48.101(b)
or (d), Education Code;
(6) one special education director employed by a
school district described by Subdivision (3);
(7) one special education director employed by a
school district described by Subdivision (4);
(8) one special education director employed by a
school district described by Subdivision (5);
(9) two persons who are each a parent of a student
eligible for reimbursement under the program;
(10) one member of an advocacy group for children with
special needs; and
(11) one provider of special education services.
(b) The commissioner of education shall appoint the member
described by Subsection (a)(1). The executive commissioner or the
executive commissioner's designee shall:
(1) appoint the remaining 12 members to the advisory
council; and
(2) designate one member as chair of the advisory
council.
(c) An appointment to a vacancy on the advisory council
shall be made in the same manner as the original appointment. A
member is eligible for reappointment.
Sec. 106.003. TERMS. Members of the advisory council serve
staggered four-year terms, with the terms of six or seven members
expiring on August 31 of each odd-numbered year.
Sec. 106.004. REIMBURSEMENT. Members of the advisory
council serve without compensation but are entitled to
reimbursement for travel expenses.
Sec. 106.005. COUNCIL DUTIES; ADVISORY STATUS. (a) The
advisory council shall advise the agency and the commission
regarding:
(1) implementing and administering the program;
(2) incorporating changes to federal law governing the
program; and
(3) any other issue involving the administration of
the program.
(b) Chapter 2110, Government Code, does not apply to the
advisory council.
Sec. 106.006. ADMINISTRATIVE SUPPORT AND FUNDING. (a) The
commission shall provide administrative support for the advisory
council.
(b) Funding for the administrative and operational expenses
of the advisory council shall be provided through legislative
appropriation to the commission for that purpose.
Sec. 106.007. RULES. The executive commissioner may adopt
rules as necessary to implement this chapter.
SECTION 2. As soon as practicable and not later than October
1, 2025, the commissioner of education and the executive
commissioner of the Health and Human Services Commission shall
appoint the members of the school health and related services
program advisory council established under Chapter 106, Health and
Safety Code, as added by this Act, and shall provide for staggered
member terms as required by that chapter.
SECTION 3. 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, 2025.