1. (a) Statutory authority. The Texas School Health Advisory Committee (committee) must be appointed under and governed by this section. The committee is subject to Texas Health and Safety Code §1001.0711, Texas Government Code §523.0201, and Texas Education Code §38.104(c). Texas Government Code §2110.008 does not apply to a committee created under this section.
2. (b) Purpose. The committee advises the executive commissioner and provides assistance in establishing a leadership role for the Department of State Health Services (DSHS) in support for and delivery of coordinated school health programs and school health services.

3. (c) Tasks. The committee performs the following tasks:

   1. (1) provides assistance in establishing a leadership role for DSHS in support for the delivery of coordinated school health programs and school health services;
   2. (2) reviews the analysis of the required student physical fitness assessment adopted by the Texas Education Agency (TEA);
   3. (3) develops recommendations as outlined in Texas Education Code §38.104(c); and
   4. (4) adopts bylaws to guide the operation of the committee.
4. (d) Reporting requirements. The committee must file an annual written report of the committee's activities to the commissioner. The committee must post the meeting dates of the committee and any subcommittees, meeting agendas, and meeting minutes on DSHS website at dshs.texas.gov.

5. (e) Meetings.

   1. (1) Open meetings. Meetings must be announced and conducted in accordance with the Open Meetings Act, Texas Government Code Chapter 551. A meeting may be called by DSHS, the presiding officer, or at least three members of the committee. DSHS must make meeting arrangements and must contact committee members to determine availability for a meeting date and place. Each member of the committee must be informed of a committee meeting at least ten business days before the meeting. The agenda for each committee meeting must include an agenda item for public comment allowing any person to address the committee on matters relating to committee business. The presiding officer may establish procedures for public comment, including a time limit on each comment.
   2. (2) Frequency. The committee must meet at least twice each year.
   3. (3) Quorum. A simple majority of the committee will constitute a quorum for the purpose of transacting official business. The committee is authorized to transact official business only when in a legally constituted meeting with a quorum present.

6. (f) Membership.

   1. (1) The committee is composed of 20 voting members with 17 members appointed by the executive commissioner. The executive commissioner delegates the commissioner of state health services to appoint committee members. In selecting members to serve on the committee, DSHS considers the applicants' qualifications, background, interest in serving, and geographic location.

      1. (A) Three members representing the following categories.

         1. (i) At least one representative from the Texas Department of Agriculture, appointed by the Commissioner of Agriculture;
         2. (ii) at least one representative from the TEA, appointed by the Commissioner of Education; and
         3. (iii) the DSHS School Health Program Coordinator or other DSHS representative.

      2. (B) Seventeen members representing the following categories.

         1. (i) Two individuals representing school superintendents, school district board members, or other school administrators;
         2. (ii) one registered nurse working in a school as a school nurse or school nurse administrator;
         3. (iii) five consumer members who are parents of school-age children with at least one parent of a child with special needs;
         4. (iv) one physician, or physician's assistant, or nurse practitioner currently providing health services to school-aged children;
         5. (v) one representative working in a school as a school counselor with certification as a school counselor;
         6. (vi) four members representing a nonprofit or not-for-profit entity directly working with schools or school-aged children to support student learning, development, mental health, substance abuse, and health-related activities with no more than one member representing an institution of higher education;
         7. (vii) one representative working in a school as a physical educator or physical education administrator with certification as a physical educator;
         8. (viii) one representative working in a school as a health educator or health education administrator with certification as a health educator; and
         9. (ix) one representative working in the school setting as part of the district's school nutrition program.

   2. (2) In an effort to build a committee reflective of the current Texas population, special consideration will be given to:

      1. (A) urban, rural, and suburban diversity; and
      2. (B) a broad statewide geographic representation whenever possible.
   3. (3) Membership appointments must include one alternate member for each appointed position. The alternate will automatically be appointed as a member if the primary appointee is unable or unwilling to fulfill the position; or, whenever there is a vacancy. The alternate will perform the same duties and have the same privileges once appointed as a member to fulfill the unexpired term.

   4. (4) The term of office of each member is four years. Members must serve after expiration of their term until a replacement is appointed.

      1. (A) Members are appointed for staggered four-year terms so the terms of an equal or almost equal number of members expire on July 31 of each year.
      2. (B) A member whose term is expiring has the option to apply for appointment for one additional term.
      3. (C) This subsection does not apply to agency representative members, who do not have term durations or limits and serve while remaining in the agency position.

7. (g) Officers. The committee elects a presiding officer and an assistant presiding officer from among its members to begin serving a two-year term on August 1 of their term.

   1. (1) Each officer must serve until July 31 of their two-year term.
   2. (2) The presiding officer must attend in-person at all committee meetings, call meetings in accordance with this section, and appoint subcommittees of the committee, as necessary. The presiding officer may serve as an ex-officio member of any subcommittee of the committee.
   3. (3) The assistant presiding officer must act for the presiding officer during the presiding officer's absence and must assume the duties of the presiding officer in the event of a vacancy.
   4. (4) If the assistant presiding officer position becomes vacant, it may be filled by a vote of the committee.
   5. (5) A member may serve no more than two terms as an officer.
   6. (6) The committee may reference its officers by other titles, such as chairperson and vice-chairperson.
8. (h) Required training. Each member must complete training on relevant statutes and rules, including this section and Texas Government Code Chapters 551, 552, and 2110; the Health and Human Services (HHS) Ethics Policy; the Advisory Committee Member Code of Conduct; and other relevant HHS policies. Training will be provided by DSHS.

9. (i) Travel reimbursement. To the extent permitted by the current General Appropriations Act, a member of the committee may be reimbursed for their travel to and from meetings if funds are appropriated and available and in accordance with the HHS Travel Policy.

   1. (1) No compensatory per diem will be paid to members unless required by law.
   2. (2) A committee member who is an employee of a state agency, other than DSHS, may not receive reimbursement for expenses from DSHS.
   3. (3) Each member who is eligible to be reimbursed for expenses must submit to DSHS staff the member's receipts for allowable expenses as determined by school health program guidelines, and any required official forms, no later than 14 days after each committee meeting.
   4. (4) Requests for reimbursement of expenses must be made on official state vouchers prepared by DSHS.
10. (j) Date of abolition. The committee is required by statute and will continue as long as the state law that requires it remains in effect.

Source Note:The provisions of this §3.1 adopted to be effective August 3, 2025, 50 TexReg 4934.