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.