(a)The functions of the Committee [committee ] are as prescribed by Chapter 1102. (b)The Committee [committee] consists of nine members appointed by the Commission [commission ] as follows: (1) - (2)(No change.) (c)Appointments to the Committee [committee ] shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee. (d)Inspector members of the Committee [committee ] serve staggered six-year terms, with the terms of two inspector members expiring on February 1 of each odd-numbered year. Public members of the Committee [committee] serve staggered two year terms, with the term of one public member expiring on February 1 of each even-numbered year and the terms of two public members expiring on February 1 of each odd-numbered year. Initial appointments may be made for terms shorter than six or two years, respectively, in order to establish staggered terms. A member whose term has expired holds office until the member's successor is appointed. If a vacancy occurs during a member's term, the Commission [commission ] shall appoint a person to fill the unexpired term. (e)At a regular meeting in February of each year, the Committee [committee] shall elect from its members a presiding officer, assistant presiding officer, and secretary. (f)The Commission [commission] may remove a Committee [committee] member if the member: (1) - (2)(No change.) (3)is absent from more than half of the regularly scheduled Committee [committee] meetings that the member is eligible to attend during each calendar year, unless the absence is excused by majority vote of the Committee [ committee]; or (4)(No change.) (g)If the administrator of the Commission [ commission] has knowledge that a potential ground for removal exists, the administrator shall notify the presiding officer of the Commission [commission] that the potential ground exists. (h)The validity of an action of the Committee [ committee] is not affected by the fact that it is taken when a ground for removal of a Committee [committee] member exists. (i)The Committee [committee] may meet at the call of a majority of its members. The Committee [ committee] shall meet at the call of the Commission [ commission]. (j)A quorum of the Committee [committee] consists of five members. (k)The Committee [committee] shall conduct its meetings in substantial compliance with Robert's Rules of Order. (l)The secretary of the Committee [committee ], or in the secretary's absence, a member designated by the chair [chairman], shall prepare written minutes for [ of] each meeting and submit the minutes to the Committee [ committee] for approval [and for filing with the commission]. (m)At least twice a year, the Committee Chair [ The committee] shall report on the activities of the Committee to the Commission [submit semiannual reports to the commission on or before March 1 and September 1 of each year detailing the performance of the committee. The commission may require the report to be submitted on a form approved by the commission for that purpose]. The Committee [committee] may submit its written recommendations concerning the licensing and regulation of real estate inspectors to the Commission [commission] at any time the Committee [committee] deems appropriate. If the Commission [commission] submits a rule to the Committee [ committee] for development, the chair [chairman] of the Committee [committee] or the chair's designee [chairman's designate] shall report to the Commission [commission] after each meeting at which the proposed rule is discussed on the Committee's [committee's ] consideration of the rule. (n)The Committee [committee] is automatically abolished on September 1, 2019 unless the Commission [commission] subsequently establishes a different date.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal
authority
to adopt.
Filed
with the Office of the Secretary of State on August 25, 2014
TRD-201404049 Kerri Lewis
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: October 5, 2014
For further information, please call: (512) 936-3092
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