(a) Purpose and scope. This section governs procedures
for the creation and operation of advisory committees, except as otherwise
provided by law or commission rule. The purpose of an advisory committee
is to make recommendations to the commission on programs, rules, and
policies affecting the delivery of information services in the state.
An advisory committee's sole role is to advise the commission. An
advisory committee has no executive or administrative powers or duties
with respect to the operation of the commission, and all such powers
and duties rest solely with the commission.
(b) Creation and duration of advisory committees. The
commission shall create advisory committees by commission order. An
advisory committee is abolished on the fourth anniversary of the date
of its creation unless the commission designates a different expiration
date for an advisory committee or an advisory committee has a specific
duration prescribed by law.
(c) Appointment procedures. The commission will appoint
members to an advisory committee based on advice and input from the
director and librarian. Each advisory committee will elect from its
members a presiding officer, who will report the advisory committee's
recommendations to the commission.
(d) Size and quorum requirement. An advisory committee
must be composed of a reasonable number of members not to exceed 24.
A majority of advisory committee membership will constitute a quorum.
An advisory committee may act only by majority vote of the members
present at the meeting.
(e) Membership terms. Advisory committee members:
(1) may serve two- or four-year staggered terms, as
ordered by the commission; and
(2) are appointed by and serve at the pleasure of the
commission. If a member resigns, dies, becomes incapacitated, is removed
by the commission, otherwise vacates the position, or becomes ineligible
prior to the end of the member's term, the commission will appoint
a replacement to serve the remainder of the unexpired term.
(f) Conditions of membership.
(1) Qualifications. To be eligible to serve as a member
of an advisory committee, a person must have knowledge about and interests
in the specific purpose and tasks of an advisory committee as established
by commission order.
(2) Conflict of interest. Advisory committee members
are subject to the same laws and policies governing ethical standards
of conduct as those for commission members and employees.
(3) Training requirements. Each member of an advisory
committee must complete training regarding the Open Meetings Act,
Chapter 551 of the Government Code, and the Public Information Act,
Chapter 552 of the Government Code.
(g) Administrative support. For each advisory committee,
the director and librarian will designate a division of the agency
that will be responsible for providing any necessary administrative
support essential to the functions of the committee.
(h) Meetings.
(1) Meeting requirements. The division designated for
an advisory committee under subsection (g) of this section shall submit
to the Secretary of State notice of a meeting of the advisory committee.
The notice must provide the date, time, place, and subject of the
meeting. All advisory committee meetings shall be open to the public.
(2) Scheduling of meetings. Meeting dates, times, places,
and agendas will be set by the division designated under subsection
(g) of this section.
(3) Attendance. A record of attendance at each meeting
of an advisory committee will be made. Unless otherwise provided by
law, if a member of an advisory committee misses three consecutive
advisory committee meetings, the member automatically vacates the
position and the commission will appoint a new member to fill the
remainder of the unexpired term created by the vacancy.
(i) Record. Agency staff shall maintain minutes of
each advisory committee meeting and distribute copies of approved
minutes and other advisory committee documents to the commission and
advisory committee members.
(j) Reporting recommendations. The agency shall report
an advisory committee's recommendations to the commission. The presiding
officer of an advisory committee or designee may appear before the
commission to present the committee's recommendations.
(k) Reimbursement. Members of an advisory committee
shall not be reimbursed for expenses unless reimbursement is authorized
by law and approved by the director and librarian.
(l) Review of advisory committees. The agency shall
monitor the composition and activities of advisory committees. To
enable the commission to evaluate the continuing need for an advisory
committee, the agency shall report on the advisory committee's work,
usefulness, and costs, including the cost of agency staff time spent
in support of the committee's activities, at least annually.
(m) Compliance with the Open Meetings Act. An advisory
committee shall comply with the Open Meetings Act, Government Code,
Chapter 551.
(n) Rules. For each advisory committee appointed, the
commission shall adopt rules that address the purpose of the advisory
committee. The rules may address additional items, including membership
qualifications, terms of service, operating procedures, and other
standards to ensure the effectiveness of an advisory committee appointed
under this subchapter.
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