TITLE 25. HEALTH SERVICES
PART 15. COUNCIL ON CARDIOVASCULAR DISEASE AND STROKE
CHAPTER 1051. RULES
25 TAC §1051.1The Texas Council on Cardiovascular Disease and Stroke proposes an amendment to §1051.1, concerning Conduct of Meetings.
BACKGROUND AND PURPOSE
The purpose of the proposal is to make necessary revisions to the rule identified during the four-year rule review required by Texas Government Code §2001.039. The amendment to the rule specifies voting eligibility, clarifies the role the Texas Department of State Health Services (DSHS) has in providing administrative support to the Texas Council on Cardiovascular Disease and Stroke (Council), and updates public participation best practices.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §1051.1 updates the language to indicate that DSHS will be responsible for publishing a notice of each meeting. In addition, the language is updated to indicate DSHS will provide notice of the public meeting to Council members. The proposed amendment also clarifies language regarding voting and reflects public participation best practices.
FISCAL NOTE
Suzanne, Hildebrand, Council Chair, has determined that for each year of the first five years that the rules will be in effect, enforcing or administering the rules does not have foreseeable implications relating to costs or revenues of state or local governments.
GOVERNMENT GROWTH IMPACT STATEMENT
The Council has determined that during the first five years that the rule will be in effect:
(1) the proposed rule will not create or eliminate a government program;
(2) implementation of the proposed rule will not affect the number of DSHS employee positions;
(3) implementation of the proposed rule will result in no assumed change in future legislative appropriations;
(4) the proposed rule will not affect fees paid to DSHS;
(5) the proposed rule will not create a new regulation;
(6) the proposed rule will not expand, limit, or repeal existing regulations;
(7) the proposed rule will not change the number of individuals subject to the rule; and
(8) the proposed rule will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Suzanne Hildebrand, Council Chair, has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The rule does not apply to small or micro-businesses, or rural communities.
LOCAL EMPLOYMENT IMPACT
The proposed rule will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to this rule because the rule does not impose a cost on regulated persons.
PUBLIC BENEFIT AND COSTS
Suzanne Hildebrand, Council Chair, has determined that for each year of the first five years the rule is in effect, the public benefit will be a clarified understanding of how the Texas Council on Cardiovascular Disease and Stroke meetings are conducted.
Suzanne Hildebrand has also determined that for the first five years the rule is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rule because the proposed rule amendment merely clarifies the existing rule.
TAKINGS IMPACT ASSESSMENT
The Council has determined that the proposal does not restrict or limit an owner's right to the owner's property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal, including information related to the cost, benefit, or effect of the proposed rule, as well as any applicable data, research, or analysis, may be submitted to cardio@dshs.texas.gov.
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule Section 1051.1" in the subject line.
STATUTORY AUTHORITY
The amendment is authorized by Texas Health and Safety Code §93.012 which provides that the Texas Council on Cardiovascular Disease and Stroke will adopt rules for the conduct of its meetings.
The amendment affects Texas Health and Safety Code Chapter 93.
§1051.1.
Conduct of Meetings].
(a) Applicable law. The Texas Council on Cardiovascular Disease and Stroke (council) is created by Texas Health and Safety Code, Chapter 93.
(b) Officers. Council members will elect a vice-chair each fall.
[(b) Officers and their duties.]
[(1) The governor shall designate a member of the council as the presiding officer of the council to serve in that capacity at the will of the governor.]
[(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, assist in the preparation of the agenda, appoint subcommittees or workgroups of the council as necessary and with council consensus, cause proper reports to be made to the governor, lieutenant governor and speaker of the house and serve as spokesperson for the council. The presiding officer may serve as an ex-officio member of any subcommittee or workgroup of the council. The presiding officer may invite guests or speakers.]
[(3) The members of the council shall elect a vice-chairman each year.]
[(4) The vice-chairman shall perform the duties of the presiding officer in the absence or disability of the presiding officer. Should the office of the presiding officer become vacant, the vice-chairman shall serve until a successor is appointed.]
(c) Notice of Meetings.
[(1) The council shall meet at least quarterly. A meeting may be called with the agreement of Department of State Health Services staff and the presiding officer.]
(1) [(2)] Each meeting of the council must [shall] be announced and conducted in accordance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
(2) The Texas Department of State Health Services (DSHS) must publish notice of each meeting as required by the Texas Open Meetings Act.
(3) DSHS will provide the notice to each council member at least seven days before the public meeting.
[(3) A simple majority of the members of the council shall constitute a quorum for the purpose of transacting official business.]
[(4) The council is authorized to transact official business only when in a legally constituted meeting with a quorum present.]
[(5) Roberts Rules of Order, Newly Revised, shall be the basis of parliamentary decisions except where otherwise provided by law or rule.]
[(6) Any action taken by the council must be approved by a majority vote of the public members present once quorum is established. Each public member shall have one vote. A public member may not authorize another individual to represent the member by proxy.]
(d) Transaction of Business.
(1) The council is authorized to transact official business only when in a legally constituted meeting with a quorum present.
(2) A simple majority of the members of the council constitutes a quorum for the purpose of transacting official business.
(3) Any action taken by the council must be approved by a majority vote of the voting members present once quorum is established. Each voting member will have one vote.
(4) A member may not authorize another individual to represent the member by proxy.
(e) Public Participation. Members of the public may submit a request to provide public comment at council meetings at least 48 hours before the beginning of a meeting to the chair. Information on how to submit a request is on the publicly posted agenda. Health or confidential information must not be in the comments. The chair has the option to allow or refuse public comment. If the chair allows public comment, the chair decides the manner and time limits of public comment.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on January 13, 2026.
TRD-202600108
Suzanne Hildebrand
Council Chair
Council on Cardiovascular Disease and Stroke
Earliest possible date of adoption: March 1, 2026
For further information, please call: (512) 695-3846