HB5262 - Relating to the establishment of a school health and related services program advisory council.

  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.