(a) The council. A council shall be appointed under and
governed by this section.
(1) The name of the council shall be the Council on Cardiovascular
Disease and Stroke (council).
(2) The council is authorized to be established by the Texas Board
of Health (board) by Title 25. Health and Safety, Part I Texas Department
of Health, Chapter 93 Cardiovascular Disease and Stroke.
(b) Applicable law. The council is subject to Title 2. Health, Subtitle
A., Texas Department of Health, Chapter 11. Organization of Texas Department
of Health, s 11.016 Advisory Committees, Health and Safety Code, pertaining
to state agency advisory committees.
(c) Purpose. The purpose of the council is to develop an effective
and resource-efficient plan to reduce the morbidity, mortality, and
economic burden of cardiovascular disease and stroke in this state,
develop a database of clinical resources and a cardiovascular disease
and stroke database.
(d) Tasks.
(1) In developing the cardiovascular disease and stroke plan the
council shall:
(A) conduct health education, public awareness, and community outreach
activities that relate to cardiovascular disease and stroke;
(B) promote, enhance and coordinate health education, public awareness,
and community outreach activities that relate to cardiovascular
disease and stroke and that are provided by private and other public
organizations;
(C) coordinate activities with other entities that are concerned
with medical conditions that are similar to cardiovascular disease
and stroke or that have similar risk factors;
(D) identify to health care providers, employers, schools, community
health centers, and other groups the benefits of encouraging treatment,
prevention, and public awareness of cardiovascular disease and stroke
and recognize innovative and effective programs that achieve the
objectives of improved treatment, prevention and public awareness;
(E) provide guidance regarding the roles and responsibilities of
government agencies, health care providers, employers, third-party
payers, patients, and families of patients in the treatment, prevention
and public awareness of cardiovascular disease and stroke;
(F) improve access to treatment for and prevention of cardiovascular
disease and stroke through public awareness programs, including
access for uninsured individuals and individuals living in rural
or underserved areas;
(G) assist communities to develop comprehensive local cardiovascular
disease and stroke prevention programs;
(H) assist the Texas Education agency and local school districts
to promote a public school curriculum that includes physical, nutritional,
and health education relating to cardiovascular disease and stroke
prevention; and
(I) evaluate and enhance the implementation and effectiveness of
the program developed under this chapter.
(2) In developing the database of clinical resources the council
shall:
(A) review available clinical resources
(B) develop a database of recommendations for appropriate care
and treatment of patients with cardiovascular disease or who have
suffered from or are at risk for stroke; and
(C) make the database accessible to the public.
(3) In developing the cardiovascular disease and stroke database
the council shall:
(A) collect and analyze information related to cardiovascular disease
and stroke at the state and regional level, and to the extent feasible,
at the local level;
(B) obtain information from federal and state agencies and from
private and public organizations;
(C) maintain a database of information. To perform its duties the
council may request and receive information in the possession of
any state agency. Information in the possession of this council
that identifies a patient or that is otherwise confidential under
law is confidential under chapter 552, Government Code and may not
be disclosed for any purpose.
(e) Composition. The council shall be composed of 12 members appointed
by the board.
(f) Term of Office. The term of office for each council member shall
be six years.
(1) Members shall be appointed for staggered terms with the terms
of one-third of the members expiring February 1 of each odd-numbered
year.
(2) The initial members shall be appointed by the Board with four
persons appointed to terms expiring February 1, 2001, four to terms
expiring February 1, 2003, and four to terms expiring February 1,
2005.
(3) If a vacancy occurs, a person shall be appointed to serve the
unexpired portion of that term.
(g) Officers. The council shall elect a presiding office and an assistant
presiding officer at its first meeting after August 31 of each year.
(1) Each officer shall serve until the next regular election of officers.
(2) the presiding officer shall preside at all council meetings at
which he or she is in attendance, call meetings in accordance with
this section, appoint subcommittees of the committee as necessary,
and cause proper reports to be made to the board. The presiding office
may serve as an ex-officio member of any subcommittee of the council.
(3) the assistant presiding officer shall perform the duties of the
presiding office in case of the absence or disability of the presiding
officer. In case the office of presiding officer becomes vacant, the
assistant presiding officer will serve until a successor is elected
to complete the unexpired portion of the term of the office of presiding
officer.
(4) A vacancy which occurs in the offices of presiding officer or
assistant presiding officer may be filled at the next committee meeting.
(5) A member shall serve no more that two consecutive terms as presiding
officer and/or assistant presiding officer.
(6) The council may reference its officers by other terms, such as
chairpersons and vice-chairperson.
(h) Meetings. The council shall meet as necessary to conduct council
business.
(1) A meeting may be called by agreement of department staff and
either the presiding officer or at least three members of the committee.
(2) Meeting arrangements shall be made by department staff. Department
staff shall contact council members to determine availability for
a meeting date and place.
(3) Each meeting of the council shall be announced and conducted
in accordance with the Open Meetings Act, Texas Government Code, Chapter
551.
(4) Each member of the council shall be informed of a council meeting
at least five working days before the meeting.
(5) A simple majority of the members of the council shall constitute
a quorum for the purpose of transacting official business.
(6) The council is authorized to transact official business only
when in a legally constituted meeting with a quorum present.
(7) The agenda for each council meeting shall include an item entitled
public comment under which any person will be allowed to address the
council on matters relating to council business. The presiding officer
may establish procedures for public comment, including a time limit
on each comment.
(i) Attendance. Members shall attend council meetings as scheduled.
Members shall attend meetings of subcommittees to which the member is
assigned.
(1) A member shall notify the presiding officer or appropriate department
staff if he or she is unable to attend a scheduled meeting.
(2) It is ground for removal from the council if a member cannot
discharge the members duties for a substantial part of the term
for which the member is appointed because of illness or disability,
is absent from more than half of the council and subcommittee meetings
during a calendar year, or is absent from at least three consecutive
council meetings.
(3) The validity of an action of the council is not affected by the
fact that it is talked when a ground for removal of a member exists.
(4) The attendance records of the members shall be reported to the
board. The reports shall include attendance at council and subcommittee
meetings.
(j) Staff. Staff support for the council shall be provided by the department.
(k) Procedures. Roberts Rules of Order, Newly Revised, shall be the
basis of parliamentary decisions except where otherwise provided by
law or rule.
(1) any action taken by the council must be approved by a majority
vote of the members present once quorum is established.
(2) Each member shall have one vote.
(3) A member may not authorize another individual to represent the
member by proxy.
(4) The council shall make decisions in the discharge of its duties
without discrimination based on any persons race, creed, gender,
religion, national origin, age, physical condition or economic status.
(5) Minutes of each council meeting shall be taken by department
staff.
(A) A draft of the minutes approved by the presiding officer shall
be provided to the board and each member of the council within 30
days of each meeting.
(B) After approval by the council, the minutes shall be signed
by the presiding officer.
(l) Committees. The council may establish committees as necessary to
assist the council in carrying out its duties.
(1) The presiding officer shall appoint members of the council to
serve on committees and to act as committee chairpersons. The presiding
officer may also appoint nonmembers of the council to serve on committees.
(2) Committees shall meet when called by the committee chairperson
or when so directed by the council.
(3) A committee chairperson shall make regular reports to the council
at each council meeting or in interim written reports as needed. The
reports shall include an executive summary or minutes of each subcommittee
meeting.
(m) Statement by members. The board, department and the council shall
not be bound in any way by any statement of action on the part of any
council member except when a statement of action is in pursuit of specific
instruction from the board, department or council.
(n) Reports to Board and Legislature. Not later than January 15 of
each year, the council shall report to the board on activities of the
council in the preceding calendar year. Not later than January 15 of
each odd-numbered year, the council shall report to the lieutenant governor
and the speaker of the house of representatives on the activities of
the council in the preceding two calendar years.
(1) The reports shall list the meeting dates of the council and any
committees, the attendance records of its members, a brief description
of actions taken by the council, a description of how the council
has accomplished the tasks given to the council by the board, the
status of any rules which were recommended by the council to the board,
anticipate activities of the committee for the next year, and any
amendments to this section requested by the council.
(2) the reports shall identify the costs related to the councils
existence, including the cost of agency staff time spent in support
of the committees activities.
(3) The reports shall cover the meetings and activities in the immediate
preceding 12 months and shall be files with the board by January 15.
It shall be signed by the presiding officer and appropriate department
staff.
(o)Reimbursement for expenses. Members of the council may not receive
compensation for service on the council, and except as provided below,
may not be reimbursed for travel expenses incurred while conducting
the business of the council.
(1) The commissioner may authorize reimbursement of the travel expenses
incurred by a member while conducting the business of the council
if the commissioner finds on application of the member that travel
for council business imposes a financial hardship on the member.