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RULE §1.82Statutory Advisory Committee Operations and Procedures

(a) Applicability. This section applies to statutory advisory committees and governs the operation of statutory advisory committees unless it is superseded by a specific provision in §1.84 of this subchapter (relating to Statutory Advisory Committees).

(b) Election of officers and terms of members.

  (1) Unless otherwise specified with regard to a particular committee, each committee shall elect a chair and vice-chair by majority vote of the members of the committee. The chair and vice-chair shall each be elected for a term of not less than one year and not more than two years. Once elected, the chair and vice-chair may stand for reelection, without limit on the number of consecutive terms.

  (2) Members shall serve on an advisory committee until new members are appointed.

(c) Meetings.

  (1) Meeting requirements. The division designated for an advisory committee under subsection (f) of this section shall submit to the Office of the Secretary of State notice of a meeting of the advisory committee at least 10 days before the date of the meeting. The notice must provide the date, time, place, and subject of the meeting. A meeting of an advisory committee must be open to the public. An advisory committee will follow the agenda set for each meeting under paragraph (2) of this subsection. Filing of notice of meetings with the Office of the Secretary of State shall be coordinated through the department's General Counsel Division.

  (2) Scheduling of meetings. Meeting dates, times, places, and agendas will be set by the division designated under subsection (f) of this section. Any committee member may suggest the need for a meeting or an agenda item, provided that the committee may only discuss items that are within the committee's and the department's jurisdiction. The division designated under subsection (f) of this section will provide notice of the time, date, place, and purpose of meetings to the members, by mail, email, telephone or any combination of the three, at least 10 calendar days in advance of each meeting. All meetings must take place in Texas and must be held in a location that is readily accessible to the general public.

  (3) Quorum. A majority of the membership of an advisory committee, including the chairman, constitutes a quorum. The committee may act only by majority vote of the members present at the meeting.

  (4) Removal. A committee member may be removed at any time without cause by the person or entity that appointed the member or by that person's or entity's successor.

  (5) Parliamentary procedure. Parliamentary procedures for all committee meetings shall be in accordance with the latest edition of Robert's Rules of Order, except that the chair may vote on any action as any other member of the committee, and except to the extent that Robert's Rules of Order are inconsistent with any statute or this subchapter.

  (6) Record. Minutes of all committee meetings shall be prepared and filed with the commission. The complete proceedings of all committee meetings must also be recorded by electronic means.

  (7) Public information. All minutes, transcripts, and other records of the advisory committees are records of the commission and as such may be subject to disclosure under the provisions of Government Code, Chapter 552.

(d) Reimbursement. The department may, if authorized by law and the executive director, reimburse a member of a committee for reasonable and necessary travel expenses. Current rules and laws governing reimbursement of expenses for state employees shall govern reimbursement of expenses for advisory committee members.

(e) 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 of the department.

(f) Administrative support. For each advisory committee, the executive director will designate a division of the department that will be responsible for providing any necessary administrative support essential to the functions of the committee.

(g) Advisory committee recommendations. In developing department policies, the commission will consider the recommendations submitted by advisory committees.

(h) Manner of reporting.

  (1) The division designated under subsection (f) of this section shall, in writing, report to the commission an official action of a statutory advisory committee, including any advice and recommendations, prior to commission action on the issue. The chair of the advisory committee or the chair's designee will also be invited by the department to appear before the commission prior to commission action on a posted agenda item to present the committee's advice and recommendations.

  (2) In the event a written report cannot be furnished to the commission prior to commission action, the report may be given orally, provided that a written report is furnished within 10 days of commission action.

Source Note: The provisions of this §1.82 adopted to be effective March 20, 1992, 17 TexReg 1745; amended to be effective January 13, 1994, 19 TexReg 89; amended to be effective May 19, 1995, 20 TexReg 3344; amended to be effective September 22, 1995, 20 TexReg 7079; amended to be effective August 25, 1997, 22 TexReg 7508; amended to be effective June 21, 1998, 23 TexReg 6250; amended to be effective July 23, 2000, 25 TexReg 6799; amended to be effective January 2, 2002, 26 TexReg 11046; amended to be effective September 18, 2003, 28 TexReg 8003; amended to be effective December 8, 2005, 30 TexReg 8179; amended to be effective December 6, 2007, 32TexReg 8855; amended to be effective April 17, 2008, 33 TexReg 2962; amended to be effective December 10, 2009, 34 TexReg 8794; amended to be effective December 8, 2011, 36 TexReg 8239; amended to be effective December 12, 2013, 38 TexReg 8916; amended to be effective December 9, 2015, 40 TexReg 8796; amended to be effective December 6, 2017, 42 TexReg 6814; amended to be effective December 4, 2019, 44 TexReg 7414

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