|(a) The committee.
(1) The Public Health Funding and Policy Committee
(committee) shall be appointed under and governed by this section.
(2) The committee is established under the Health and
Safety Code, Chapter 117, which requires the Commissioner of the Department
of State Health Services (commissioner) to establish the Public Health
Funding and Policy Committee.
(b) Applicable law. The committee is subject to the
Health and Safety Code, Chapter 117, and Government Code, Chapter
2110, concerning state agency advisory councils.
(c) Purpose. The purpose of the committee is to provide
policy level advice and assistance to the Department of State Health
Services (department) in the organization and funding of local public
health in Texas and the relationship between local public health entities
and the department.
(d) Tasks. As required by the Health and Safety Code, §117.101,
the committee shall:
(1) define the core public health services a local
health entity should provide in a county or municipality;
(2) evaluate public health in this state and identify
initiatives for areas that need improvement;
(3) identify all funding sources available for use
by local health entities to perform core public health functions;
(4) establish public health policy priorities for this
(5) at least annually, make formal recommendations
to the department regarding:
(A) the use and allocation of funds available exclusively
to local health entities to perform core public health functions;
(B) ways to improve the overall public health of citizens
in this state;
(C) methods for transitioning from a contractual relationship
between the department and the local health entities to a cooperative-agreement
relationship between the department and the local health entities;
(D) methods for fostering a continuous collaborative
relationship between the department and the local health entities.
(6) The committee shall carry out any other tasks assigned
by the commissioner.
(e) Committee abolished. As required by the Health
and Safety Code, §117.002, the committee shall be subject to
the Texas Sunset Act, Government Code, Chapter 325. Unless continued
in existence as provided by the Government Code, Chapter 325, the
committee is abolished and this section expires September 1, 2023.
(f) Composition. As required by the Health and Safety
Code, §117.052, the committee shall be composed of nine members,
appointed by the commissioner to include:
(1) two regional health directors, each of whom is
serving as a health authority in a municipality or county;
(2) one local health entity representative of a municipality
or county with a population of 50,000 or less;
(3) one local health entity representative from a municipality
or county with a population greater than 50,000 but less than 250,000;
(4) one local health entity representative from a municipality
or county with a population of at least 250,000;
(5) two local health entity representatives, each of
whom serves in a municipality or county as the health authority; and
(6) two representatives of schools of public health
at institutions of higher education in this state.
(g) Terms of Office. As required by the Health and
Safety Code, §117.053, the term of office of each member shall
be six years.
(1) Committee members serve staggered six-year terms,
with the terms of three members expiring on February 1 of each odd-numbered
(2) If a vacancy occurs on the committee, a person
shall be appointed to fill the vacancy for the unexpired term in the
same manner as the original appointment.
(h) Officers. As required by the Health and Safety
Code, §117.055, the committee shall select from its members the
presiding officer and an assistant presiding officer.
(1) The presiding officer shall serve until December
31 of each even-numbered year. The assistant presiding officer shall
serve until December 31 of each odd-numbered year. Both the presiding
officer and the assistant presiding officer may holdover until his
or her replacement is elected by the committee.
(2) The presiding officer shall preside at all committee
meetings which he or she attends, call meetings in accordance with
this section, appoint subcommittees of the committee as necessary,
and cause proper reports to be made to the council. The presiding
officer may serve as an ex-officio member of any subcommittee of the
(3) If the office of presiding officer or assistant
presiding officer becomes vacant, it may be filled by vote of the
(4) The committee may reference its officers by other
terms, such as chairperson and vice-chairperson.
(i) Meetings. As required by the Health and Safety
Code, §117.056, the committee shall meet as necessary to conduct
(1) The committee shall meet at least quarterly, or
more frequently, at the call of the presiding officer.
(2) To ensure appropriate representation from all areas
of this state, the committee may meet by videoconference or telephone
conference call. A meeting held by videoconference or telephone conference
call under this subsection must comply with the requirements applicable
to a telephone conference call under Government Code, §551.125(c),
(d), (e), and (f). Government Code, §551.125(b) and §551.127
do not apply to the committee.
(3) Each member of the committee shall be informed
of a committee meeting at least five working days before the meeting.
(4) A simple majority of the members of the committee
shall constitute a quorum for the purpose of transacting official
(5) The committee is authorized to transact official
business only when in a legally constituted meeting with a quorum
(6) The agenda for each committee meeting shall include
an opportunity for any person to address the committee on matters
relating to committee business. The presiding officer may establish
procedures for such public comment, including a time limit on each
(j) Attendance. Members shall attend committee meetings
as scheduled. Members and subcommittee members shall attend meetings
of subcommittees to which the members and subcommittee members are
(1) A member shall notify the presiding officer, or
appropriate department staff, if he or she is unable to attend a scheduled
(2) It shall be grounds for removal from the committee
if a member or subcommittee 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, absence from more than half of the
committee and subcommittees meetings during a calendar year, or absence
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.
(k) Staff. Staff support for the committee shall be
provided by the department. In accordance with the Health and Safety
Code, §117.104, using existing personnel and videoconferencing
equipment, local health entities, or their designees, may assist the
committee in the performance of its duties under this section.
(l) Procedures. Roberts Rules of Order 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 a 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
(5) Minutes of each committee meeting shall be taken
by department staff.
(A) A draft of the minutes approved by the presiding
officer shall be provided to the council and each member of the committee
within 30 days of each meeting.
(B) After approval by the committee, the minutes shall
be signed by the presiding officer.
(m) 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 also may appoint nonmembers of
the committee to serve on subcommittees, subject to the approval of
(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 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.
(n) Statement by members.
(1) The Health and Human Services Commission (commission),
the State Health Services Council (council), the department, and the
committee shall not be bound in any way by any statement or action
on the part of any committee member or subcommittee member except
when a statement or action is in pursuit of specific instructions
from the commission, council, department, or committee.
(2) The committee and its members or subcommittee members
may not participate in legislative activity in the name of the commission,
the council, 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
(3) A committee member or subcommittee 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 or subcommittee member should
not disclose confidential information acquired through his or her
(5) A committee member or subcommittee 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
(6) A committee member or subcommittee 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.
(o) Reports to department. The committee shall file
an annual written report with the department.
(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 council, the status of any rules which were recommended by
the committee to the council, and anticipated activities of the committee
for the next year.
(2) The report shall identify all costs related to
the committee's existence, including the cost of agency staff time
spent in support of the committee's activities and the source of funds
used to support the committee's activities.
(3) The report shall cover the meetings and activities
in the immediately preceding fiscal year and shall be filed with the
council each January. The report shall be signed by the presiding
(p) In accordance with the Health and Safety Code, §117.1033,
beginning in 2012, not later than November 30 of each year the committee
shall file a report on the implementation of the Health and Safety
Code, Chapter 117 with the governor, the lieutenant governor, and
the speaker of the house of representatives.
(q) Reimbursement for expenses. In accordance with
the Health and Safety Code, §117.054, a committee member is not
entitled to compensation for service on the committee and is not entitled
to reimbursement for any travel expenses.