(4) Rejection of Nomination by Board. If one of the
presiding officer's nominations for membership on the advisory committee
is rejected by the board, the presiding officer shall nominate another
applicant to membership on the advisory committee, subject to confirmation
by the board, as described in paragraph (3) of this subsection. The
subsequent nominee shall represent the same self-reported practice
area as the original nominee.
(5) Appointment of Advisory Committee Members. The
appointment of an advisory committee member commences on the date
the board confirms the presiding officer's appointment of the advisory
committee member.
(i) Designation of Advisory Committee Chair. Each year
the presiding officer of the board shall designate one of the advisory
committee members appointed by the board to serve a one-year term
as chair of the advisory committee.
(1) This paragraph applies if the board is comprised
of more than six, but fewer than eleven members, or if the board is
comprised of more than eleven members. The board shall confirm the
presiding officer's designation by affirmative vote of an absolute
majority of the entire membership of the board. If the presiding officer's
designation is unconfirmed by such an affirmative vote, the presiding
officer shall designate another member of the advisory committee as
the chair of the advisory committee, subject to an affirmative vote
of an absolute majority of the entire membership of the board.
(2) This paragraph applies if the board is comprised
of eleven members. The board shall confirm the presiding officer's
designation by affirmative vote of at least seven members of the board.
If the presiding officer's designation is unconfirmed by such an affirmative
vote, the presiding officer shall designate another member of the
advisory committee as the chair of the advisory committee, subject
to an affirmative vote of at least seven members of the board.
(j) Resignation, Removal, and Replacement of Advisory
Committee Members. If an advisory committee member resigns or is removed
from the advisory committee prior to the expiration of his or her
term, the advisory committee member shall be replaced with another
member that represents the self-reported practice area of the former
advisory committee member. The application period shall re-open for
a period of no more than 30 days. The agency shall publish the application
for advisory committee membership on the board's Internet website,
specifying the self-reported practice area to be replaced by a new
member of the advisory committee. The presiding officer shall nominate
the replacement member of the advisory committee at the next public
meeting of the board, and the board shall confirm or reject the nomination
as described in subsection (h) of this section.
(k) Confidential Information. The members of the advisory
committee shall execute confidentiality agreements related to their
membership on the advisory committee. Violation of the confidentiality
agreement is grounds for immediate removal from the advisory committee
and may subject the member of the advisory committee to investigation
and disciplinary proceedings for dishonorable conduct pursuant to
Board Rule 108.9.
(l) Communication with Other Parties. Members of the
advisory committee shall not engage in private communications with
non-advisory committee members about the subject matter of the advisory
committee or its work, except that members of the advisory committee
may communicate with agency staff to facilitate the completion of
tasks required by this rule.
(m) Reimbursement. The advisory committee may be reimbursed
for expenses in accordance with §2110.004 of the Texas Government
Code.
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