| (a) The Board may appoint advisory committees from
outside the Board's membership to advise the Board as it may deem
necessary.
(b) The use of advisory committees by the Board shall
be in compliance with the provisions of Texas Government Code, Chapter
2110 regarding the composition and duration of committees, the reimbursement
of committee members expenses, the evaluation of committees, and the
reporting to the Legislative Budget Board.
(c) An advisory committee is automatically abolished
on the fourth anniversary of the date of its creation unless it has
a specific duration prescribed by statute or the Board reestablishes
the committee. A written statement shall be prepared by the Commissioner
or his or her designee for each advisory committee setting forth the
purpose of the committee, the task of the committee, the manner in
which the committee will report to the Board, the date on which the
committee is created, and the date on which the committee will automatically
be abolished. The written statements shall be maintained on file in
the Board offices.
(d) Purpose and Duties of Advisory Committees. The
purpose of an advisory committee shall be to give the Board the benefit
of the members' collective technical expertise and experience with
respect to matters within the Board's jurisdiction. An advisory committee's
sole duty is to advise the Board. An advisory committee has no executive
or administrative powers or duties with respect to the operation of
the Board, and all such powers and duties rest solely with the Board.
The specific purposes and tasks of an advisory committee subject to
this subchapter shall be identified in Board rules.
(e) Composition of Advisory Committees.
(1) The composition of advisory committees created
by the Board, including subcommittees or workgroups with non-advisory
committee members, shall contain no more than 24 members in compliance
with the requirements of Texas Government Code, Chapter 2110.
(2) The Board shall make reasonable attempts to provide
balanced, geographic representation, consonant with Texas Government
Code, Chapter 2110, on all advisory committees. A rule or other action
may not be challenged because of the composition of an advisory committee.
(3) This section does not apply to an advisory committee
to the extent that:
(A) another state law specifically states that Texas
Government Code, Chapter 2110 does not apply; or
(B) a federal law or regulation:
(i) imposes an unconditional requirement that irreconcilably
conflicts with the requirements of Texas Government Code, Chapter
2110; or
(ii) imposes a condition on the state's eligibility
to receive money from the federal government that irreconcilably conflicts
with Texas Government Code, Chapter 2110.
(f) Membership Terms. Except as otherwise provided
by law, advisory committee members shall serve terms as determined
by the Board.
(g) Membership. The Board shall solicit nominations
and make appointments from such nominations for membership on advisory
committees from presidents and chancellors, or the respective designee.
For advisory committees that include members not associated with an
institution of higher education, the Board shall solicit nominations
from appropriate entities, such as stakeholder organizations whose
membership consists of the type of representative the advisory committee
is seeking. Except as otherwise provided by law, all members of advisory
committees are appointed by and serve at the pleasure of the Board.
Board members may not serve on advisory committees. If an advisory
committee member resigns, is no longer associated with the nominating
institution or entity, dies, becomes incapacitated, is removed by
the Board, otherwise vacates his or her position, or becomes ineligible
prior to the end of his or her term, the Board may appoint a replacement
who shall serve the remainder of the unexpired term.
(h) Attendance. A record of attendance at each meeting
of advisory committees shall be made. Except as otherwise provided
by law, if a member of an advisory committee misses three consecutive
regularly scheduled meetings or more than half of all the regularly
scheduled meetings in a one-year period, without approval by a majority
vote of the Board, that member automatically vacates his or her position
on the advisory committee and the Board may make an appointment to
fill the remainder of the unexpired term of the vacancy.
(i) Reimbursement. Members of advisory committees shall
not be reimbursed for expenses except as authorized by Texas Government
Code chapter 2110.
(j) Presiding Officer. Except as otherwise provided
by law, each advisory committee shall select from its members a presiding
officer, who shall report the committee's recommendations to the Board.
The Board may, at its discretion, appoint other officers of advisory
committees or allow committee members to elect other officers at their
pleasure.
(k) Manner of Reporting. Advisory committees shall
report any recommendations directly to the Board at a Board meeting
determined in consultation with agency staff, including the Commissioner
of Higher Education. Advisory committees shall also provide an annual
or biennial report to the Board to allow the Board to properly evaluate
the committee's work, usefulness, and the costs related to the committee's
existence, including the cost of agency staff time spent in support
of the committee's activities.
(l) Subcommittees or Workgroups. Advisory committees
may organize themselves into subcommittees or workgroups. One member
of each subcommittee or workgroup shall serve as the chairperson.
Subcommittee or workgroup chairs shall make written reports regarding
their work to the presiding officer of the advisory committee. A subcommittee
or workgroup of an advisory committee may include members who are
not members of the advisory committee, but must include at least one
member of the advisory committee.
(m) Meetings. Advisory committees shall meet at the
call of the presiding officer or the Board. All advisory committee
and subcommittee meetings shall be open to the public and broadcasted
via the web, unless prevented by technical difficulties.
(n) Monitoring of Advisory Committees and Records.
(1) The Board shall monitor the activities of advisory
committees.
(2) Agency staff shall record and maintain the minutes
of each advisory committee and subcommittee meeting. The staff shall
maintain a record of actions taken and shall distribute copies of
approved minutes and other committee documents to the Board and to
advisory committee members on a timely basis.
(3) Minutes kept for advisory committee meetings and
reports required under subsection (k) of this section shall be maintained
in a form and location that is easily accessible to the public, including
making the information available on the Board's website.
(o) In the case of a conflict between this rule and
a more specific rule in Title 19, Part 1, Chapter 1, governing an
advisory committee or subcommittee, the more specific rule governing
that committee or subcommittee shall apply.
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| Source Note: The provisions of this §1.6 adopted to be effective February 26, 2004, 29 TexReg 1658; amended to be effective December 2, 2013, 38 TexReg 8650; amended to be effective June 6, 2016, 41 TexReg 3995; amended to be effective May 17, 2021, 46 TexReg 3121 |
