| (a) Authority. The Elected Committee of Managers (ECM)
is created and shall operate under 20 USC §107b(1) of Chapter
6A of Title 20, known as the Randolph-Sheppard Act.
(b) Relationship to the Agency. ECM shall be presumed
as the sole representative of all licensees to the Agency in matters
contained in the Randolph-Sheppard Act and implementing regulations
requiring the active participation of the ECM. Active participation
means an ongoing process of good-faith negotiations between ECM and
the Agency in the development of BET policies and procedures before
implementation. The Agency shall have the ultimate responsibility
for the administration and operation of all aspects of BET and has
final authority in decisions affecting BET.
(c) Relationship to licensees.
(1) It shall be the sole responsibility of the licensees
who elect the members of ECM to ensure that the individuals elected
represent all licensees.
(2) ECM shall, in addition to all other matters set
forth in this subchapter or by law or regulation affecting the administration
of BET, act as an advocate for licensees and shall strive to improve
and expand BET and make it profitable and successful to the greatest
extent possible for the mutual benefit of the Agency and of the legally
blind individuals physically present in Texas who participate in the
program.
(d) BET policies, rules, and procedures. In all matters
related to policies and rules, the Agency has the ultimate responsibility
and the ultimate authority for their establishment and adoption. ECM
shall actively participate in the consideration of significant BET
decisions and in deliberations of rules and policies affecting BET.
Whenever the Agency or ECM wishes to consider policies or rules related
to BET, the Agency shall request that ECM participate in the Agency
rule-drafting workshops to be conducted by the BET director. The BET
director will work with ECM in a good-faith effort to agree in matters
related to rule and policy changes.
(e) BET administrative decisions. In matters concerning
the administration of BET, the Agency holds the ultimate responsibility
and authority for making administrative decisions affecting BET. The
BET director shall establish and maintain a continuing dialogue and
exchange of information with ECM about decisions regarding the administration
of BET and shall seek ECM input and advice on all significant decisions
affecting the administration of the program. In cooperation with the
ECM chair and other members of ECM that the ECM chair considers necessary
and appropriate, the BET director shall develop and implement methods
of establishing and maintaining the dialogue and exchange of information.
The methods developed shall be set out in detail in a written format
and shall be included in the BET manual.
(f) Exclusions from participation. ECM, its members,
and BET managers are not employees, officers, or officials of the
State of Texas. Therefore, ECM shall not participate in any decision-making
process regarding Agency personnel, personnel policies, or personnel
administration.
(g) Structure. ECM shall, to the extent possible, be
composed of licensees who are representative of all licensees in BET
based on such factors as geography and facility type and size. Two
representatives shall be elected from each designated ECM region created
by the Agency with the active participation of ECM and as regions
may be revised or modified.
(h) Qualifications. ECM shall establish qualifications
for candidates as well as the procedures for voting, tabulating, and
announcing results. The Agency shall provide such advice and counsel
as may be requested by ECM to accomplish all elections of representatives
to ECM.
(i) Term of office. The term of office for ECM members
shall be two years, beginning on January 1 following the election.
Even- and odd-numbered districts shall alternate election years. Any
ECM member elected to fill a vacancy shall serve the remainder of
the unexpired term of the manager who vacated a position.
(j) Meetings. ECM shall meet once during each calendar
year to elect officers and additionally as it may establish by bylaw.
The ECM chair shall provide a written meeting agenda to the BET director
10 business days before each meeting.
(k) Internal procedures of ECM. ECM shall establish
bylaws to govern its internal operation and order of business and
shall provide the Agency with a copy.
(l) Travel expenses.
(1) Expenses for travel, meals, lodging, or other related
expenses incurred by ECM representatives must be preapproved by the
Agency.
(2) When representing a manager at a full evidentiary
hearing, the ECM representative shall be reimbursed for travel, meals,
and lodging at the rate allowed for travel by Agency staff members.
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