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AN ACT
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relating to the creation of the Texas HIV Medication Advisory |
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Committee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 85, Health and Safety Code, is amended by |
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adding Subchapter K to read as follows: |
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SUBCHAPTER K. TEXAS HIV MEDICATION ADVISORY COMMITTEE |
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Sec. 85.271. DEFINITIONS. In this subchapter: |
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(1) "Commissioner" means the commissioner of the |
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department. |
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(2) "Committee" means the Texas HIV Medication |
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Advisory Committee. |
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(3) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(4) "Program" means the Texas HIV medication program |
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established under Subchapter C. |
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Sec. 85.272. TEXAS HIV MEDICATION ADVISORY COMMITTEE. (a) |
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The executive commissioner shall establish the committee. |
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(b) The committee consists of 11 members appointed by the |
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executive commissioner. The committee must include: |
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(1) three physicians who are actively engaged in the |
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treatment of adults who are infected with HIV; |
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(2) one physician who is actively engaged in the |
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treatment of infants and children who are infected with HIV; |
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(3) four consumers who are diagnosed with HIV; |
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(4) one person who is an administrator for a public, |
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nonprofit hospital that provides services to individuals who are |
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infected with HIV; |
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(5) one social worker who works with individuals who |
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are infected with HIV; and |
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(6) one pharmacist who participates in the program. |
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(c) The department shall provide staff support for the |
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committee. |
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(d) Except as provided by this subchapter, the committee is |
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subject to Chapter 2110, Government Code. |
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Sec. 85.273. DUTIES. (a) The committee shall advise the |
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executive commissioner and the department in the development of |
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procedures and guidelines for the program. |
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(b) The committee shall: |
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(1) review the program's goals and aims; |
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(2) evaluate the program's ongoing efforts; |
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(3) recommend both short-range and long-range goals |
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and objectives for medication needs; and |
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(4) perform any other tasks assigned by the executive |
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commissioner. |
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Sec. 85.274. TERMS. A committee member serves at the will |
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of the executive commissioner. |
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Sec. 85.275. OFFICERS. (a) The committee shall select a |
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presiding officer and an assistant presiding officer from the |
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committee members. |
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(b) An officer shall begin serving on March 1 of each |
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odd-numbered year and serve until February 27 of the following |
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odd-numbered year. |
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(c) An officer may continue to serve until a replacement is |
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elected for the officer's position. |
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(d) The presiding officer shall: |
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(1) preside at all committee meetings attended by the |
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presiding officer; |
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(2) call meetings in accordance with this subchapter; |
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(3) appoint subcommittees as necessary; and |
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(4) ensure annual reports are made to the |
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commissioner. |
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(e) The presiding officer may serve as an ex officio member |
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of any subcommittee. |
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(f) The assistant presiding officer shall: |
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(1) perform the duties of the presiding officer if the |
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presiding officer is absent or becomes disabled; and |
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(2) complete the unexpired portion of the presiding |
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officer's term if the office of the presiding officer becomes |
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vacant. |
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(g) The committee may elect a committee member to replace |
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the assistant presiding officer if the office of the assistant |
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presiding officer becomes vacant. |
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Sec. 85.276. MEETINGS. (a) The committee shall meet only |
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as necessary to conduct committee business. |
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(b) A meeting may be called by agreement between the |
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department staff and: |
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(1) the presiding officer; or |
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(2) three or more members of the committee. |
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(c) The department staff shall: |
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(1) make meeting arrangements; and |
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(2) contact each committee member to determine the |
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member's availability for a meeting date and place. |
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(d) The committee is not a "governmental body" as defined by |
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Chapter 551, Government Code. However, each committee meeting must |
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be announced and conducted in accordance with Chapter 551, |
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Government Code, except that the provisions allowing executive |
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sessions do not apply to the committee. |
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(e) Each member of the committee must be informed of a |
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committee meeting at least five working days before the meeting is |
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to take place. |
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(f) An agenda for each committee meeting must include an |
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item entitled "public comment" under which any person may address |
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the committee on matters relating to committee business. The |
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presiding officer may establish procedures for public comment, |
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including a time limit for each comment. |
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Sec. 85.277. ATTENDANCE. (a) A member shall attend: |
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(1) a scheduled committee meeting; and |
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(2) a meeting of a subcommittee to which the member is |
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assigned. |
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(b) A member shall notify the presiding officer or the |
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appropriate department staff if the member is unable to attend a |
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scheduled meeting. |
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(c) The committee shall include the attendance records of |
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each member in the committee's annual report to the commissioner. |
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The report must include a member's attendance at both committee and |
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subcommittee meetings. |
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Sec. 85.278. PROCEDURES. (a) The committee shall use |
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Robert's Rules of Order as the basis of parliamentary decisions |
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except as provided by other law or rule. |
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(b) An action taken by the committee must be approved by a |
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majority vote of the members present after a quorum is established. |
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(c) Each member shall have one vote. |
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(d) A member may not authorize another individual to |
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represent the member by proxy. |
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(e) The committee shall make decisions in the discharge of |
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the committee's duties without discrimination based on a person's |
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race, creed, gender, religion, national origin, age, physical |
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condition, or economic status. |
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(f) The department staff shall take minutes of each |
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committee meeting. After the minutes are approved by the |
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committee, the presiding officer shall sign the minutes. |
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Sec. 85.279. SUBCOMMITTEES. (a) The committee may |
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establish subcommittees as necessary to assist the committee in |
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performing the committee's duties. |
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(b) The presiding officer shall appoint committee members |
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to serve on subcommittees and to act as subcommittee chairs. The |
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presiding officer may appoint a person who is not a committee member |
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to serve on a subcommittee. |
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(c) A subcommittee shall meet when called by the |
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subcommittee's chair or when directed by the committee. |
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(d) A subcommittee chair shall make a regular report to the |
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committee at each committee meeting or in an interim written report |
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as needed. The report must include an executive summary or minutes |
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of each subcommittee meeting. |
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Sec. 85.280. STATEMENT BY MEMBER; MEMBER DUTIES. (a) The |
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executive commissioner, the department, and the committee may not |
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be bound by any statement made or action taken by a committee member |
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unless the member makes the statement or takes the action based on |
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specific instructions from the executive commissioner, the |
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department, or the committee. |
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(b) The committee and committee members may not participate |
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in any legislative activity in the name of the executive |
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commissioner, the department, or the committee unless the committee |
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or committee member obtains approval through the department's |
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legislative process. Committee members may represent themselves or |
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another entity in the legislative process. |
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(c) A committee member may not accept or solicit a benefit |
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that might reasonably tend to influence the member in the discharge |
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of the member's official duties. |
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(d) A committee member may not disclose confidential |
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information acquired through the member's service on the committee. |
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(e) A committee member may not knowingly solicit, accept, or |
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agree to accept a benefit for exercising the member's official |
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powers or duties in favor of another person. |
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(f) A committee member who has a personal or private |
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interest in a matter pending before the committee shall publicly |
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disclose the fact and may not vote or otherwise participate in the |
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matter. |
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(g) In this section, "personal or private interest" means a |
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direct pecuniary interest in a matter but does not include a |
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person's engagement in a profession, trade, or occupation if the |
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person's interest is the same as any other person who is similarly |
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engaged in the profession, trade, or occupation. |
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Sec. 85.281. COMPENSATION; EXPENSES. (a) A committee |
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member may receive reimbursement for expenses incurred for each day |
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the member engages in official committee business if the |
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reimbursement is authorized by the General Appropriations Act or |
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through the budget execution process. |
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(b) A committee member is not entitled to a salary or |
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stipend unless required by law. |
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(c) A committee member who is an employee of a state agency, |
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other than the department, is not entitled to reimbursement for |
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expenses from the department. |
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(d) A person who serves on a subcommittee and who is not a |
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committee member is not entitled to reimbursement for expenses from |
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the department. |
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(e) Only a consumer who is diagnosed with HIV and serves as a |
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committee member is eligible for reimbursement of actual travel |
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expenses incurred. |
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(f) A committee member who is eligible for reimbursement of |
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expenses shall submit to the department staff the member's receipts |
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for the expenses and any required forms not later than 14 days after |
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a committee meeting. |
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(g) A member shall make a request for reimbursement of |
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expenses on an official state travel voucher prepared by the |
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department staff. |
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Sec. 85.282. REPORTS. (a) The committee shall file an |
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annual written report with the commissioner not later than March 31 |
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of each year. The report must cover the meetings and activities of |
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the committee for the year preceding the date of the report. |
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(b) The report must include: |
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(1) the meeting dates of the committee and any |
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subcommittee; |
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(2) attendance records for each committee member; |
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(3) a brief description of any action taken by the |
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committee; |
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(4) a description of how the committee has |
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accomplished any specific tasks officially given to the committee; |
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(5) the status of any rules recommended by the |
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committee; and |
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(6) the anticipated activities of the committee for |
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the following year. |
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(c) The committee shall identify the costs for the |
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committee's existence in the report, including the cost of |
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department staff used to support the committee's activities and the |
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source of funds used to support the committee's activities. |
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(d) The presiding officer and appropriate department staff |
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shall sign the report. |
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SECTION 2. Section 85.066, Health and Safety Code, is |
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repealed. |
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SECTION 3. (a) The executive commissioner of the Health and |
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Human Services Commission shall appoint the initial members of the |
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Texas HIV Medication Advisory Committee as provided by Section |
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85.272, Health and Safety Code, as added by this Act, as promptly as |
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possible after the effective date of this Act. The executive |
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commissioner may appoint, but is not required to appoint, initial |
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members to the committee who served on the advisory committee |
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previously established under Section 85.066, Health and Safety |
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Code, as repealed by this Act. |
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(b) The members of the Texas HIV Medication Advisory |
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Committee shall, at the first meeting of the committee, select a |
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presiding officer and an assistant presiding officer, and |
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notwithstanding Section 85.275(b), Health and Safety Code, as added |
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by this Act, the initial terms of those officers begin on the date |
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of selection. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2229 was passed by the House on April |
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27, 2011, by the following vote: Yeas 88, Nays 57, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2229 was passed by the Senate on May |
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16, 2011, by the following vote: Yeas 26, Nays 5. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |