School Health Bill Adds A 13-Member Council That Only Advises

The text as introduced · 652 words

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.