| (a) The department may create advisory committees as
it deems necessary in accordance with Government Code Chapter 2110
to assist, advise, and provide expertise to the department, or as
required by statute. Committees are not responsible for rulemaking
or policymaking.
(b) The following provisions apply to an advisory committee
established by the department, unless different requirements are imposed
by statute:
(1) Role and responsibility.
(A) An advisory committee will review department issues
and provide advice to the department.
(B) An advisory committee may make recommendations
to the department.
(2) Composition.
(A) The commissioner or the commissioner's designee
may appoint one or more department staff in a non-member position
to assist each advisory committee. Such non-member positions are non-voting.
(B) The commissioner or the commissioner's designee
will appoint a reasonable number of members, not to exceed 24, to
each advisory committee.
(C) An advisory committee will be composed of members
from diverse geographical areas who have demonstrated expertise in
the area of the particular advisory committee.
(D) The committee must select from among its members
a presiding officer who presides over the advisory committee, establishes
meeting agendas, and reports to the department.
(3) Membership.
(A) Members will be appointed for terms not to exceed
four years. The commissioner or the commissioner's designee may appoint
members for staggered terms. Members may serve after expiration of
their term until the commissioner or the commissioner's designee appoints
a replacement.
(B) If a vacancy occurs, the commissioner or the commissioner's
designee will appoint a qualified replacement to serve the unexpired
portion of that term.
(C) Membership is voluntary.
(D) Members serve on an advisory committee without
compensation. Travel reimbursement and per diem expenses incurred
in performing official duties of membership will be permitted only
if authorized by the Legislature in the General Appropriations Act
or through the budget execution process under the Government Code
Chapter 317 if the advisory committee is created after it is practicable
to address the existence of the committee in the General Appropriations
Act.
(4) Meetings.
(A) An advisory committee must meet at least quarterly
unless otherwise directed by the commissioner or designee.
(B) A meeting of the advisory committee may be called
by the presiding officer, the commissioner, or the commissioner's
designee.
(C) A simple majority of advisory committee members
will constitute a quorum. An advisory committee may transact official
business only when a quorum is present.
(D) An advisory committee must comply with the Open
Meetings Act, Government Code Chapter 551.
(5) Training.
(A) Each member of an advisory committee must receive
training regarding the Open Meetings Act.
(B) Each member of an advisory committee must receive
training as to the department's mission, organizational structure,
and goals.
(C) Each member of an advisory committee must receive
training necessary to perform his or her official duties as a committee
member.
(6) Evaluation.
(A) An advisory committee will regularly report to
the commissioner or designee its recommendations.
(B) When requested by the commissioner or the commissioner's
designee, an advisory committee must file a report with the department
containing:
(i) the minutes of all meetings;
(ii) an executive summary including details as to the
committee's work and usefulness; and
(iii) a list of recommendations.
(7) Duration.
(A) Unless an abolishment date is set by rule, an advisory
committee will operate as long as the commissioner or the commissioner's
designee deems necessary based on an annual evaluation of the need
and usefulness of each committee.
(B) If an abolishment date for a committee is set by
rule, the committee will be abolished on its abolishment date.
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