SECTION 351.825. Texas Brain Injury Advisory Council

(a) Statutory authority. The Texas Brain Injury Advisory Council (TBIAC) is established under Texas Government Code §531.012 and is subject to §351.801 of this subchapter (relating to Authority and General Provisions).

(b) Purpose. The TBIAC advises the Executive Commissioner and the Health and Human Services system on strategic planning, policy, rules, and services related to the prevention of brain injury; rehabilitation; and the provision of long term services and supports for persons who have survived brain injuries to improve their quality of life and ability to function independently in the home and community.

(c) Tasks. The TBIAC performs the following tasks:

(1) informing state leadership of the needs of persons who have survived a brain injury and their families regarding rehabilitation and the provision of long term services and supports to improve health and functioning that leads to achieving maximum independence in home and community living and participation;

(2) encouraging research into the causes and effects of brain injuries as well as promising and best practice approaches for prevention, early intervention, treatment and care of brain injuries and the provision of long term services and supports;

(3) recommending policies that facilitate the implementation of the most current promising and evidence-based practices for the care, rehabilitation, and the provision of long term services and supports to persons who have survived a brain injury;

(4) promoting brain injury awareness, education, and implementation of health promotion and prevention strategies across Texas; and

(5) facilitating the development of partnerships among diverse public and private provider and consumer stakeholder groups to develop and implement sustainable service and support strategies that meet the complex needs of persons who have survived a brain injury and those experiencing co-occurring conditions.

(d) Reporting requirements.

(1) Reporting to Executive Commissioner. By November 1 of each year, the TBIAC files an annual written report with the Executive Commissioner covering the meetings and activities in the immediate preceding fiscal year and reports any recommendations to the Executive Commissioner at a meeting of the Health and Human Services Commission Executive Council. The report includes:

(A) a list of the meeting dates;

(B) the members' attendance records;

(C) a brief description of actions taken by the TBIAC;

(D) a description of how the TBIAC accomplished its tasks;

(E) a description of activities the TBIAC anticipates undertaking in the next fiscal year;

(F) recommendations made by the TBIAC, if any;

(G) recommended amendments to this section; and

(H) the costs related to the TBIAC, including the cost of HHSC staff time spent supporting the TBIAC's activities and the source of funds used to support the TBIAC's activities.

(2) Reporting to Texas Legislature. The TBIAC shall submit a written report to the Texas Legislature of any policy recommendations made to the Executive Commissioner by December 1 of each even-numbered year.

(e) Open meetings. The TBIAC complies with the requirements for open meetings under Texas Government Code Chapter 551 as if it were a governmental body.

(f) Membership. The TBIAC is composed of 15 members appointed by the Executive Commissioner. In selecting members to serve on the committee, HHSC may consider the applicants' geographic location. Except as may be necessary to stagger terms, the term of office of each member is three years. A member may apply to serve one additional term.

(1) The TBIAC includes:

(A) one representative from acute hospital trauma units;

(B) one representative from post-acute rehabilitation facilities;

(C) one representative of a long-term care facility that serves persons who have survived a brain injury;

(D) one healthcare practitioner or service provider who has specialized training or interest in the prevention of brain injuries or the care, treatment, and rehabilitation of persons who have survived a brain injury;

(E) one representative of an institution of higher education engaged in research that impacts persons who have survived a brain injury;

(F) five persons who have survived a brain injury representing diverse ethnic or cultural groups and geographic regions of Texas, with:

(i) at least one of these being a transition age youth (age 18-26);

(ii) at least one of these being a person who has survived a traumatic brain injury; and

(iii) at least one of these being a person who has survived a non-traumatic brain injury;

(G) four family members actively involved in the care of loved ones who have sustained a brain injury, with:

(i) at least one of these being a person whose loved one has survived a traumatic brain injury; and

(ii) at least one of these being a person whose loved one has survived a non-traumatic brain injury; and

(H) one representative from the stroke committee of the Governor's Emergency Medical Services (EMS) & Trauma Advisory Council or other stakeholder group with a focus on stroke.

(2) Members are appointed for staggered terms so that the terms of five, or almost five, members expire on December 31 of each year. Regardless of the term limit, a member serves until his or her replacement has been appointed. This ensures sufficient, appropriate representation.

(3) If a vacancy occurs, a person is appointed to serve the unexpired portion of that term.

(g) Officers. The TBIAC selects a chair and vice chair of the TBIAC from its members, one of whom must be a person who has survived a brain injury or a family member actively involved in the care of a loved one who has survived a brain injury.

(1) The chair serves until December 31 of each even-numbered year. The vice chair serves until December 31 of each odd-numbered year.

(2) A member serves no more than two consecutive terms as chair or vice chair. A chair or vice chair may not serve beyond their membership term.

(h) Required Training. Each member shall complete all training on relevant statutes and rules, including this section and §351.801 of this subchapter, and Texas Government Code §531.012, and Chapters 551 and 2110. Training will be provided by HHSC.

(i) Date of abolition. The TBIAC is abolished, and this section expires, on July 1, 2024, in compliance with Texas Government Code §2110.008(b).

Source Note: The provisions of this §351.825 adopted to be effective July 1, 2016, 41 TexReg 4432; amended to be effective July 1, 2020, 45 TexReg 3617