TITLE 25. HEALTH SERVICES

PART 9. TEXAS DIABETES COUNCIL

CHAPTER 651. CONDUCT OF COUNCIL MEETINGS

The Texas Diabetes Council (TDC) proposes amendments to §651.1, concerning Introduction; §651.2, concerning Applicability of Texas Open Meetings Law; §651.3, concerning Notice of Meetings; §651.4, concerning Transaction of Business; and §651.5 concerning Public Participation.

BACKGROUND AND PURPOSE

The purpose of the proposal is to make necessary amendments that were identified during the rule review required by Texas Government Code §2001.039. Proposed amendments include updating the reference of appropriate statute, clarifying the role Texas Department of State Health Services (DSHS) has in providing administrative support, specifying voting eligibility, and updating public participation best practices.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §651.1 includes adding applicable statute that created the TDC and the requirement to elect a vice-chair.

The proposed amendment to §651.2 updates the reference to the Texas Open Meetings Act.

The proposed amendment to §651.3 updates the language to indicate that DSHS is responsible for publishing a notice of each meeting. In addition, the language is updated to indicate DSHS provides notice of the public meeting to council members.

The proposed amendment to §651.4 clarifies language regarding voting.

The proposed amendment to §651.5 reflects requirements for providing public comment.

FISCAL NOTE

Chris Carmona, TDC 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

TDC has determined during the first five years the rules will be in effect:

(1) the proposed rules will not create or eliminate a government program;

(2) implementation of the proposed rules will not affect the number of DSHS employee positions;

(3) implementation of the proposed rules will result in no assumed change in future legislative appropriations;

(4) the proposed rules will not affect fees paid to DSHS;

(5) the proposed rules will not create a new regulation;

(6) the proposed rules will not expand, limit, or repeal existing regulations;

(7) the proposed rules will not change the number of individuals subject to the rules; and

(8) the proposed rules will not affect the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Chris Carmona, TDC Chair, has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The rules do not apply to small or micro-businesses, or rural communities.

LOCAL EMPLOYMENT IMPACT

The proposed rules will not affect a local economy.

COSTS TO REGULATED PERSONS

Texas Government Code §2001.0045 does not apply to these rules because the rules do not impose a cost on regulated persons.

PUBLIC BENEFIT AND COSTS

Chris Carmona, TDC Chair, has determined that for each year of the first five years the rules are in effect, the public benefit will be a clarified understanding of how Texas Diabetes Council meetings are conducted.

Mr. Carmona has also determined that for the first five years the rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules because the proposed rule amendment clarifies the existing rules.

TAKINGS IMPACT ASSESSMENT

TDC 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 rules, as well as any applicable data, research, or analysis, may be submitted to diabetes@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 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 emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule Texas Diabetes Council" in the subject line.

STATUTORY AUTHORITY

The amendments are authorized by Texas Health and Safety Code Chapter 103, which provides the Texas Diabetes Council will adopt rules for the conduct of its meetings.

The amendments affect Texas Health and Safety Code Chapter 103.

§651.1. Introduction.

(a) Applicable law. The Texas Diabetes Council is created by Texas Health and Safety Code Chapter 103. [~~These rules outline the procedures the council will follow in the conduct of its meetings.~~]

(b) Officers. Council members elect a vice-chair at the meeting held closest to August 31 of each biennium.

§651.2. Applicability of Texas Open Meetings Act [~~Law~~].

The Texas Diabetes Council [~~council in all its meetings~~] is subject to the requirements of the Texas Open Meetings Act, Texas Government Code Chapter 551 for all meetings [~~Texas Civil Statute 6252-17~~].

§651.3. Notice of Meetings.

(a) The Department of State Health Services (DSHS) must publish a notice of each meeting as required by the Texas Open Meetings Act [~~Written notice giving the date, time, place, and subject of each meeting shall be prepared as required by the Texas Open Meetings Law~~].

(b) DSHS must provide the notice to each council member at least seven days before the public meeting. [~~A copy of the notice shall be sent to each council member at least seven days prior to the meeting except in emergency cases as determined by the chairperson.~~]

~~[(c) The meetings will be held at least quarterly and generally will be located in Austin, Texas.]~~

§651.4. Transaction of Business.

(a) The Texas Diabetes Council (council) is authorized to transact official business only when in a legally convened meeting with a quorum present.

~~[(a) All meetings will be conducted according to Robert Rules of Order, except as provided otherwise in these rules.]~~

(b) A simple majority of the appointed members of the council constitutes a quorum for the purpose of transacting official business.

[(b) All council actions taken must be approved by a majority vote of the members present. The chairperson may vote on any item of business as any other council member; however, in the case of a tie vote, the chairperson's vote shall be the tie breaker.]

(c) 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.

(d) A member may not authorize another individual to represent the member by proxy.

§651.5. 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. If the chair allows public comment, the chair decides the manner and time limits of public comment. [Requests from members of the public to participate in council meetings shall be submitted to the chairperson prior to the beginning of the meeting. The chairperson has the discretion to allow or disallow participation. If the chairperson allows participation, he/she determines the manner and time limits of the participation.]

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 March 4, 2026.

TRD-202601098

Chris Carmona

Council Chair, Texas Diabetes Council

Texas Diabetes Council

Earliest possible date of adoption: April 19, 2026

For further information, please call: (512) 695-3846