| (a) Policy. The Texas Board of Criminal Justice (TBCJ
or board) is committed to providing access and opportunity for public
presentations and comments as provided by this section. Individuals
not employed by or under contract with the Texas Department of Criminal
Justice (TDCJ), who wish to have items placed on the board's posted
agenda, shall follow the procedures set forth in subsection (g) of
this section. Public presentations and comments shall be:
(1) subject to the requirements and restrictions of
this section;
(2) pertinent to issues under the jurisdiction of the
board, as determined by the board chairperson and the TDCJ general
counsel; and
(3) pertinent to policies, procedures, standards, and
rules of the TDCJ. Disputes that are appropriately the subject of
the employee grievance system, the employee disciplinary system, the
offender grievance system, the offender disciplinary system, or comments
regarding pending litigation shall be addressed through those processes.
(b) Definitions.
(1) Public presentations are presentations made by
the public to the TBCJ regarding topics posted on a board meeting
agenda that has been filed with and published by the Texas Register and as provided for in subsection
(c) of this section.
(2) Public comments are comments made by the public
on non-posted agenda topics and as provided for in subsection (d)
of this section.
(c) Public presentations. Individuals who desire to
make public presentations to the TBCJ on posted agenda topics shall
provide, on the date of the meeting, a completed registration card
to onsite board office staff at least 10 minutes prior to the meeting's
posted start time. Registration cards shall be made available at the
entry to the room where the board's scheduled meeting will be held.
(1) Pre-registration is available for public presentations
through first class mail at P.O. Box 13084, Austin, Texas 78711, or
email at tbcj@tdcj.texas.gov. Pre-registration shall be received by
the board office staff at least four calendar days prior to the posted
meeting date of the presentation. In addition to the information required
in subsection (c)(2) of this section, pre-registration submissions
shall include appropriate contact information, such as a daytime phone
number or email address, for the individual who is registering to
speak.
(2) Registration cards and pre-registration submissions
shall include:
(A) the name of the individual who will make the presentation;
(B) a statement as to whether the individual is being
remunerated for the presentation and if so, by whom; and if applicable,
the name of the individual or entity on whose behalf the presentation
will be made;
(C) a statement as to whether the presenter has registered
as a lobbyist in relation to the agenda topic being addressed;
(D) a reference to the agenda topic on which the individual
wants to present;
(E) an indication as to whether the presenter will
speak for or against the proposed agenda topic; and
(F) a statement verifying that all information that
will be presented is factual, true, and correct to the best of the
speaker's knowledge.
(3) The TBCJ chairperson shall have discretion in setting
reasonable limits on the time allocated for public presentations on
posted agenda topics. If several individuals have registered to address
the board on the same agenda topic, it shall be within the discretion
of the board chairperson to request that those individuals select
a representative amongst themselves to express such remarks or limit
their presentations to an expression of support for views previously
articulated.
(4) The TBCJ chairperson shall provide an opportunity
for public presentations to occur prior to the board taking action
on the topic denoted on the presenter's registration card. If an individual
who is registered to speak on a posted agenda item is not present
when called upon, that individual's opportunity to speak prior to
action being taken on that topic shall be forfeited.
(5) A presenter may submit documentation pertaining
to the public presentation to the board office staff. Documents shall
be submitted at least three calendar days prior to the posted meeting
date when the presentation is to occur. Such documentation shall then
be distributed to the board. Any documentation submitted after the
above-referenced date will not be distributed to the board until after
the presentation. A minimum of 12 copies of any such documentation
shall be submitted to the board office staff or distribution may not
occur.
(d) Public comments.
(1) Twice a year, at the second and fourth regular
called meetings of the board, an opportunity shall be provided for
public comment on issues that are not part of the TBCJ's posted agenda
but are within the board's jurisdiction. Special called meetings are
not counted toward the requirement of this subsection.
(2) Individuals who desire to make public comments
to the TBCJ at these meetings shall provide, on the date of the meeting,
a completed registration card to onsite board office staff at least
10 minutes prior to the meeting's posted start time. Registration
cards shall be made available at the entry to the room where the board's
scheduled meeting will be held.
(3) Pre-registration is available for public comments
through first class mail at P.O. Box 13084, Austin, Texas 78711, or
email at tbcj@tdcj.texas.gov. Pre-registration shall be received by
board office staff no earlier than the first day of the month preceding
the board meeting for which the registration is intended and at least
four calendar days prior to the posted meeting date when the comments
are to occur. In addition to the information required in subsection
(d)(4) of this section, pre-registration submissions shall include
appropriate contact information, such as a daytime phone number or
email address, for the individual who is registering to speak.
(4) Registration cards and pre-registration submissions
shall include:
(A) the name of the individual who will make the comments;
(B) a statement as to whether the individual is being
remunerated for the comments and if so, by whom; and, if applicable,
the name of the individual or entity on whose behalf the comments
will be made;
(C) a statement as to whether the presenter has registered
as a lobbyist in relation to the topic being addressed;
(D) the topic on which the individual shall speak and
whether the individual will speak for or against the topic; and
(E) a statement verifying that all information that
will be presented is factual, true, and correct to the best of the
speaker's knowledge.
(5) The TBCJ chairperson shall have discretion in setting
reasonable limits on the time allocated for public comments. If several
individuals have registered to address the board on the same topic,
it shall be within the discretion of the board chairperson to request
that those individuals select a representative amongst themselves
to express such comments, or limit their comments to an expression
of support for views previously articulated.
(6) Public comments shall be heard just prior to the
conclusion of the board meeting, with deviation from this practice
within the discretion of the board chairperson. If an individual who
is registered to speak on a non-posted topic is not present when called
upon, that individual shall be called once more following all other
registered speakers. If that individual is not present at that time,
their opportunity to speak at that meeting shall be forfeited.
(7) A presenter may submit documentation pertaining
to the public comments to the board office staff. Documentation shall
be submitted at least three calendar days prior to the posted meeting
date when the comments are to occur. Such documentation shall then
be distributed to the board. Any documentation submitted after the
above-referenced date will not be distributed to the board until after
the comments. A minimum of 12 copies of any such documentation shall
be submitted to the board office staff or distribution may not occur.
(e) Disability accommodations. Individuals with disabilities
who have special communication or accommodation needs and who plan
to attend a meeting may contact the board office at 512-475-3250.
Requests for accommodation shall be made at least two days prior to
a posted meeting. The TBCJ shall make every reasonable effort to accommodate
these needs.
(f) Conduct and decorum. The TBCJ shall receive public
presentations and comments as authorized by this section, subject
to the following additional guidelines:
(1) Due to requirements of the Open
Meetings Act, questions shall only occur on public presentations
as defined in subsection (b) of this section as they are associated
with posted agenda topics. Questions shall be reserved for board members
and staff recognized by the board chairperson.
(2) Presentations and comments shall remain pertinent
to the issues denoted on the registration cards.
(3) An individual who is determined by the board chairperson
to be disrupting a meeting shall immediately cease the disruptive
activity or leave the meeting room if ordered to do so by the board
chairperson. If the disruptive activity continues, the individual
may be subject to removal from the meeting room.
(4) A presenter may not assign a portion of his or
her allotted presentation time to another speaker.
(5) Signs and placards shall not be carried or displayed
in the meeting room.
(g) Requests for issues to be placed on an agenda.
Individuals not employed by or under contract with the TDCJ who wish
to propose an agenda item for discussion at a TBCJ meeting shall address
the request in writing to the chairperson, Texas Board of Criminal
Justice, P.O. Box 13084, Austin, Texas 78711, or email at tbcj@tdcj.texas.gov.
Such requests shall be titled "Proposed Agenda Topic" and shall be
submitted no later than the first day of the month preceding the board
meeting for which the request is intended. Such requests are subject
to the requirements of the registration card in subsection (c) of
this section. The decision as to whether to calendar a matter for
discussion before the TBCJ, a board committee, a board liaison, or
with a designated staff member shall be within the discretion of the
board chairperson. Public presentations on topics placed on a board
agenda, at the request of an individual, shall be in accordance with
subsection (c) of this section.
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| Source Note: The provisions of this §151.4 adopted to be effective February 15, 1993, 18 TexReg 590; amended to be effective April 8, 1996, 21 TexReg 2476; amended to be effective June 20, 2002, 27 TexReg 5218; amended to be effective December 5, 2002, 27 TexReg 11169; amended to be effective February 5, 2004, 29 TexReg 1211; amended to be effective February 17, 2005, 30 TexReg 722; amended to be effective October 7, 2007, 32 TexReg 6783; amended to be effective May 10, 2012, 37 TexReg 3419; amended to be effective December 31, 2015, 40 TexReg 9731; amended to be effective November 21, 2019, 44 TexReg 7058 |
