| (a) Definitions. The following words and terms, when
used in this subchapter, shall have the following meaning, unless
the context clearly indicates otherwise.
(1) Advisory committee--a committee, council, commission,
board, or task force or other entity with multiple members that has
as its primary function advising the department.
(2) Chairman--the chairman of the Texas Parks and Wildlife
Commission.
(3) Commission--the Texas Parks and Wildlife Commission.
(4) Department--the Texas Parks and Wildlife Department.
(5) Director--the Executive Director of the Texas Parks
and Wildlife Department.
(b) Creation. The Chairman may appoint advisory committees
to advise the commission on issues within the jurisdiction of the
department or the commission.
(c) Function. Unless otherwise provided by law, an
advisory committee will address only those matters about which advice
is sought. An advisory committee will have no authority to establish
agency policy.
(d) Expiration of advisory committee. Unless expressly
provided in this subchapter or other law, each department advisory
committee will expire on the expiration date established for each
advisory committee.
(e) Membership. The chairman may, in his or her sole
discretion, appoint individuals to serve on an advisory committee.
Membership in an advisory committee will not exceed 24 (excluding
ex officio members). Unless otherwise provided by specific statute,
membership of each advisory committee shall be balanced to ensure
representation of industries or occupations regulated or directly
affected by the department and consumers of services provided by the
department or by the industries or occupations regulated by the department
to which the advisory committee relates. Each advisory committee shall
include at least one department employee as an ex officio member.
Members may be subject to removal and/or replacement at the discretion
of the Chairman.
(f) Term of members. Unless expressly provided in this
subchapter or other law, the term of advisory committee members shall
be as follows:
(1) The term of each member of an agency advisory committee
who was appointed prior to January 1, 2022 will expire on July 1,
2022.
(2) The term of each member of an agency advisory committee
member appointed on or after January 1, 2022 will expire July 1, 2026.
(g) Presiding officer. The presiding officer of each
advisory committee shall be selected by the members of the advisory
committee from its membership. The chairman may make a recommendation
to the advisory committee regarding the presiding officer.
(h) Subcommittees. The chairman may also appoint one
or more subcommittees of an advisory committee, so long as the membership
of the advisory committee, including any subcommittees does not exceed
24.
(i) Meetings. Each committee shall meet at least once
a year, but may meet as often as necessary. The department ex officio
member of each advisory committee shall work with the presiding officer
to schedule advisory committee meetings and provide adequate notice
to department staff and to other members.
(j) Reports. On or before October 1 of each year of
its existence, each advisory committee shall submit a report to the
department. Upon receipt of the report, the department shall evaluate
the advisory committee's work, usefulness and costs related to the
committee's existence, including the cost of agency staff time spent
in support of the committee's activities. Each report shall included
the following:
(1) a summary or minutes of meetings conducted during
the previous fiscal year (September 1-August 30);
(2) a summary of recommendations from the advisory
committee; and
(3) other information determined by the advisory committee
or the chairman to be appropriate and useful.
(k) Expenses. Members of each advisory committee will
serve without compensation or reimbursement for travel or other out-of-pocket
expenses.
(l) Rules. For each advisory committee appointed, the
commission shall adopt rules that address the purpose of the advisory
committee and membership qualifications. Such rules may also address
the terms of service, operating procedures, and other standards to
ensure the effectiveness of an advisory committee appointed under
this subchapter.
(m) Rulemaking Committees. Notwithstanding other provisions
of this subchapter, as authorized by §2001.031, Texas Government
Code (the Administrative Procedure Act), the Director may, from time
to time, appoint ad hoc committees of experts or interested persons
or representatives of the public to advise the Department about contemplated
rulemaking. Members of such committees shall serve at the will of
the Director and shall serve without compensation. Committees appointed
under this subsection shall continue for no longer than one year,
unless extended by the Director.
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| Source Note: The provisions of this §51.601 adopted to be effective September 28, 2005, 30 TexReg 6053; amended to be effective February 23, 2006, 31 TexReg 1047; amended to be effective November 12, 2009, 34 TexReg 7828; amended to be effective January 2, 2013, 37 TexReg 10221; amended to be effective June 24, 2018, 43 TexReg 4208; amended to be effective September 13, 2022, 47 TexReg 5496 |
