(a) Parliamentary procedure. Board and committee meetings
shall be conducted pursuant to the Board's adopted Simplified Parliamentary
Policy.
(b) Minutes. Minutes of all board meetings will be
prepared and transmitted to board members for their review prior to
subsequent board meetings and shall be filed with the Legislative
Reference Library and the Texas State Library. Proceedings of standing
and ad hoc committee meetings and advisory committee meetings shall
be recorded, distributed and filed in accordance with parliamentary
procedure.
(c) Video Tape. All or any part of the proceedings
of a public board meeting may be recorded by any person in attendance
by means of a tape recorder, video camera, or any other means of sonic
or visual reproduction.
(1) The executive director shall direct any individual
wishing to record or videotape as to equipment location, placement,
and the manner in which the recording is conducted.
(2) The decision will be made so as not to disrupt
the normal order and business of the board.
(d) Executive Session.
(1) The Board of Nurse Examiners may meet in executive
session to consider the following items as provided by law:
(A) involving the appointment, employment evaluation,
reassignment, duties, discipline, or dismissal of a public officer
or employee, unless such officer or employee requests a public hearing;
(B) with respect to the purchase, exchange, lease,
value of real property and negotiated contracts for prospective gift
or donations to the state or the governmental body, when such discussion
would have a detrimental effect on the negotiating position of the
board as between the board and a third person, firm, or corporation;
(C) regarding the deployment, or specific occasions
for implementation of security personnel or devices;
(D) in private consultation between a governmental
body and its attorney, in instances in which the board seeks the attorney's
advice with respect to pending or contemplated litigation, settlement
offer, and matters where the duty of board's counsel to his client,
pursuant to the Code of Professional Responsibility of the State Bar
of Texas, clearly conflicts with applicable statutory provisions;
or
(E) any other matter as may relate to board business
that is authorized by state law.
(2) An executive session of the board shall not be
held unless a quorum of the board has first been convened in open
meeting. If during such open meeting, a motion is passed by the board
to hold an executive session, the presiding officer shall publicly
announce that an executive session will be held by stating the appropriate
authority under which such executive session is being convened.
(3) The presiding officer of the board shall announce
the date and time at the beginning and end of the executive session.
(4) The presiding officer of the board shall make a
tape recording of the executive session which shall include the announcement
made by the presiding officer at the beginning and end of the executive
session.
(5) In lieu of a tape recording, the presiding officer
shall prepare an agenda of the executive session which shall be certified
by the presiding officer as being a true and correct record of the
proceedings. The certified agenda shall:
(A) include an announcement of the date and time by
the presiding officer at the beginning and end of the executive session;
and
(B) state the subject matter of each deliberation and
include a record of any further action taken.
(6) At the conclusion of the executive session, the
presiding officer shall place the certified agenda or tape in an envelope,
seal and date the envelope and deliver the envelope to the executive
director.
(7) The executive director or his or her designee will
place the envelope containing the tape or agenda in the agency's safe.
(8) The certified agenda or tape shall be maintained
at the board office for at least two years from the date of the executive
session. If an action involving the executive session commences during
such two year period, the certified agenda shall be maintained until
the final disposition of such action.
(9) The certified agenda or tape shall be available
for inspection by the judge of a district court as specified in Government
Code, §555.104, if litigation has been initiated involving a
violation of this section.
(e) Contracts with Historically Underutilized Businesses
(HUBS).
(1) A Historically Underutilized Business (HUB) is
a business that meets the definition of HUBs as defined in the rules
of the Texas Building and Procurement Commission.
(2) The Board shall make a good faith effort to utilize
HUBs in contracts for construction, services, including professional
and consulting services, and commodities purchases.
(3) The board shall make a good faith effort to assist
HUBs in receiving a portion of the total contract value of all contracts
awarded by the board in accordance with the percentage goals established
by the Texas Building and Procurement Commission.
(f) Enhanced Contract and Performance Monitoring.
(1) The following contracts require enhanced contract
or performance monitoring:
(A) A contract for the purchase of goods or services
that has a value exceeding $1 million; and
(B) A contract with a value of less than $1 million,
if the Board's contract manager determines enhanced contract or performance
monitoring is appropriate.
(2) For contracts identified under paragraph (1) of
this subsection, the Board's contract manager or designated staff
member must submit the following information to the Board:
(A) the general purpose of the contract;
(B) the name of the vendor;
(C) the legal authority under which the contract was
entered;
(D) the current cost of the contract; and
(E) the total cost of the contract, including contract
renewals.
(3) The Executive Director shall be immediately notified
of any serious issue or risk that is identified with respect to a
contract monitored under this subsection.
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Source Note: The provisions of this §211.9 adopted to be effective March 31, 2002, 27 TexReg 2236; amended to be effective July 14, 2016, 41 TexReg 5053; amended to be effective October 31, 2018, 43 TexReg 7318 |