| (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committees unless it is superseded by a specific provision in §1.84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.
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| 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 |
