Part 1. DEPARTMENT OF STATE HEALTH SERVICES
Chapter 2. EMERGENCY PREPAREDNESS
The Executive Commissioner of the Health and Human Services Commission (commission) on behalf of the Department of State Health Services (department) adopts an amendment to §2.1, concerning the Preparedness Coordinating Council (PCC) without changes to the proposed text as published in the April 13, 2007, issue of the Texas Register (32 TexReg 2090); therefore, the section will not be republished.
BACKGROUND AND PURPOSE
The adopted amendment is necessary to comply with Health and Safety Code, §11.016, which authorizes the commission to establish advisory committees, and Title 42 United States Code §247d-3a(b), which requires an advisory committee or other similar mechanism to provide the department with advice on public health preparedness. The PCC is governed by the Government Code, Chapter 2110, concerning state agency advisory committees.
Government Code, §2001.039, requires that each state agency review and consider for readoption each rule adopted by that agency pursuant to the Government Code, Chapter 2001 (Administrative Procedure Act). Section 2.1 has been reviewed and the department has determined that reasons for adopting the rule continue to exist because a rule on this subject is needed.
SECTION-BY-SECTION SUMMARY
Adopted amendments to §2.1 update legacy agency references; modify wording and punctuation of the rule for clarification; adopted amendments to §2.1(f) increase the number of council members from 17 to 24 to include additional members required by the Centers for Disease Control and Prevention Pandemic Influenza cooperative agreement guidance; and adopted amendments to §2.1(m) abolish the Hospital Preparedness Planning Committee and the Bioterrorism Preparedness and Response Committee.
COMMENTS
The department, on behalf of the commission, did not receive any comments regarding the proposed rule during the comment period.
LEGAL CERTIFICATION
The department's Deputy General Counsel, Linda Wiegman, certifies that the rule, as adopted, has been reviewed by legal counsel and found to be a valid exercise of the agencies' legal authority.
STATUTORY AUTHORITY
The adopted amendment is authorized by Health and Safety Code, §11.016, which authorizes the commission to establish advisory committees; Title 42 United States Code §247d-3a(b), which requires an advisory committee or other similar mechanism to provide the department with advice on public health preparedness; and Government Code, §531.0055, and Health and Safety Code, §1001.075, which authorize the Executive Commissioner of the commission to adopt rules and policies necessary for the operation and provision of health and human services by the department and for the administration of the Health and Safety Code, Chapter 1001.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 19, 2007.
TRD-200703071
Linda Wiegman
Deputy General Counsel
Department of State Health Services
Effective date: August 8, 2007
Proposal publication date: April 13, 2007
For further information, please call: (512) 458-7111 x6972