13 Tex. Admin. Code § 2.3 - Procedures of Commission
(a) Election of
Officers. In accordance with statute, the chair of the commission is designated
by the governor. The vice-chair is elected by the members of the commission at
the first meeting in even numbered years.
(b) Powers of the Chair. The chair shall call
meetings of the commission, set the agenda for meetings of the commission,
preside at meetings of the commission, and authenticate actions of the
commission as necessary.
(c)
Vice-Chair. The vice chair of the commission exercises the powers and authority
of the chair in the event of a vacancy, absence, or incapacity of the chair,
including the authority to call a meeting, set the agenda, and act on behalf of
the chair.
(d) Committees. The
chair shall appoint an audit committee, consisting of three members of the
commission, one to serve as chair. The audit committee will receive plans and
reports from internal and external auditors, review and revise such plans and
reports as needed, and recommend them to the commission for adoption and
approval. The chair shall appoint such other committees of the commission as
may be deemed necessary.
(e)
Meetings. The commission shall have regularly scheduled meetings five times per
year. The chair may call additional meetings of the commission as may be
necessary, provided that adequate notice of such meetings shall be given in
accordance with the Open Meetings Act (Government Code, Chapter 551). The chair
shall call a special meeting of the commission upon written request by a
majority of the members of the commission. Any regularly scheduled meeting of
the commission may be canceled by the chair, provided that ten days
notification is given to the members of the commission.
(f) Agenda. The chair shall establish the
agenda for meetings of the commission with advice from other members and the
director and librarian. Any person may request that an item be placed on the
agenda of the next meeting of the commission by writing to the chair, with a
copy to the director and librarian. Such item will be added to the agenda at
the discretion of the chair, except that the chair will place on the agenda any
item requested by a majority of the members of the commission. Notice and
agenda of commission meetings shall be posted by the director and librarian in
accordance with the Open Meetings Act.
(g) Transaction of Business. As defined in
the Open Meetings Act, a majority of the members of the commission, or four
members, shall constitute a quorum. Meetings of the commission are conducted in
a manner that welcomes public participation and complies with the spirit of the
Open Meetings Act. At each meeting of the commission the agenda shall include a
period for public comment of up to five minutes per individual. Actions of the
commission are approved by a majority of the members present and voting.
Proxies are not allowed.
(h)
Minutes of Meetings. The director and librarian shall prepare minutes of
commission meetings and file copies with members of the commission, the
Legislative Reference Library, and the state publications program of the Texas
State Library. Any changes or subsequent corrections of minutes at a commission
meeting shall be filed in the same manner.
(i) Establishing, Amending, or Rescinding
Existing Policy. The commission fosters an open administrative process with
full public participation in rule making through advance publication of all
proposed rules in the Texas Register.
(j) Travel of Commission Members. Members of
the commission are entitled to reimbursement for actual expenses incurred to
attend meetings of the commission subject to any applicable limitation on
reimbursement provided by the General Appropriations Act or other act of the
legislature. The chair shall review and approve any claim for reimbursement of
actual expenses reasonably incurred in connection with the performance of other
services as a commission member, subject to any applicable limitation on
reimbursement provided by the General Appropriations Act or other act of the
legislature.
(k) Grants. The
commission delegates to the director and librarian its authority to approve all
grants that are less than $100,000, except competitive grants.
(l) Gifts and Donations. The commission
delegates to the director and librarian its authority to accept gifts, grants
and donations of less than $500 that are in accord with the mission and
purposes of the commission. Any such gifts, grants or donations will be managed
in accordance with principles of sound financial management and will be used
for the purposes for which they are given.
(m) Advisory Committees. The chair may
establish and appoint committees to assist the commission in their
deliberations as needed and for the period required.
(n) Code of Conduct. Members of the
commission and officers and employees of the agency will not solicit or accept
any gift, favor, service, or thing of value that might reasonably tend to
influence the member, officer, or employee in the discharge of official duties,
or that the member, officer, or employee knows or should know is being offered
with the intent of influencing the member's, officer's, or employee's official
conduct. Members, officers, and employees of the commission will not accept
employment, engage in a business or professional activity, or accept
compensation that would:
(1) require or induce
them to disclose confidential information acquired by virtue of official
position;
(2) impair their
independence of judgment in the performance of official duties; or
(3) create a conflict between their private
interest and the public interest.
Notes
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