|(a) Purpose. This section provides policies and procedures
governing public access to the commission in order to facilitate that
access and maximize public participation in the decision-making process,
while ensuring orderly and effective conduct of meetings.
(b) Posted agenda items. A person may speak before
the commission on any matter on a posted agenda by submitting a request,
in a form and manner as prescribed by the department, prior to the
matter being taken up by the commission. A person speaking before
the commission on an agenda item will be allowed an opportunity to
(1) prior to a vote by the commission on the item;
(2) for a maximum of three minutes, except as provided
in subsection (g)(6) of this section.
(c) New agenda items.
(1) A person may request the addition of an item to
the commission agenda by submitting, no less than 20 days prior to
the date which has been set for the next meeting, the following information:
(A) the name and address of the person making the request;
(B) a clear and concise statement of the subject of
the proposed agenda item; and
(C) a brief summary of the action sought.
(2) If the chair determines that the proposed item
is within the jurisdiction of the department and that the proposed
item concerns a matter in which there is sufficient public interest
to warrant consideration by the commission as an agenda item, the
chair may place the matter on the posted agenda for the next or a
subsequent meeting, consistent with available time.
(d) Open comment period.
(1) At the conclusion of the posted agenda of each
regular business meeting the commission will allow an open comment
period, not to exceed one hour, to receive public comment on any other
matter that is under the jurisdiction of the department.
(2) A person desiring to appear under this subsection
must complete a registration form, as provided by the department,
prior to the beginning of the open comment period.
(3) Except as provided in subsection (g)(6) of this
section, each person will be allowed to speak for a maximum of three
minutes for each presentation in the order in which he or she registered.
(e) Disability accommodation. Persons with disabilities
who have special communication or accommodation needs and who plan
to attend a meeting may contact the person or office specified in
the notice of the meeting. Requests should be made at least three
working days before a meeting. The department will make every reasonable
effort to accommodate these needs.
(f) Notice. For each commission meeting an agenda will
be filed with the Office of the Secretary of State in accordance with
the requirements of the Open Meetings Act, Government Code, Chapter
(g) Conduct and decorum. The commission will receive
public input as authorized by this section, subject to the following
(1) Questioning of those making presentations will
be reserved to commissioners and the department's administrative staff.
(2) Organizations, associations, or groups are encouraged
to present their commonly held views, and same or similar comments,
through a representative member where possible.
(3) Presentations shall remain pertinent to the issue
(4) A person who disrupts a meeting must leave the
meeting room if ordered to do so by the chair.
(5) Time allotted to one speaker may not be reassigned
to another speaker.
(6) The time allotted for presentations or comments
under this section may be increased or further limited by the chair,
or, in the chair's absence, the acting chair, as may be appropriate
to assure opportunity for the maximum number of persons to appear.
(h) Waiver. Subject to the approval of the chair, a
requirement of this section may be waived in the public interest if
necessary for the performance of the responsibilities of the commission
or the department.
|Source Note: The provisions of this §1.4 adopted to be effective February 23, 1993, 18 TexReg 890; amended to be effective January 8, 2004, 29 TexReg 226; amended to be effective October 18, 2007, 32 TexReg 7298; amended to be effective December 10, 2009, 34 TexReg 8793; amended to be effective May 17, 2012, 37 TexReg 3604; amended to be effective August 17, 2016, 41 TexReg 6086