37 Tex. Admin. Code § 151.4 - Public Presentations and Comments to the Texas Board of Criminal Justice
(a) Policy. The Texas
Board of Criminal Justice (TBCJ or board) is committed to providing access and
opportunity for public presentations and comments as provided by this section.
Individuals not employed by or under contract with the Texas Department of
Criminal Justice (TDCJ), who wish to have items placed on the board's posted
agenda, shall follow the procedures set forth in subsection (g) of this
section. Public presentations and comments shall be:
(1) subject to the requirements and
restrictions of this section;
(2)
pertinent to issues under the jurisdiction of the board, as determined by the
board chairperson and the TDCJ general counsel; and
(3) pertinent to policies, procedures,
standards, and rules of the TDCJ. Disputes that are appropriately the subject
of the employee grievance system, the employee disciplinary system, the inmate
grievance system, the inmate disciplinary system, or comments regarding pending
litigation shall be addressed through those processes.
(b) Definitions.
(1) Public presentations are presentations
made by the public to the TBCJ regarding topics posted on a board meeting
agenda that has been filed with and published by the Texas
Register and as provided for in subsection (c) of this
section.
(2) Public comments are
comments made by the public on non-posted agenda topics and as provided for in
subsection (d) of this section.
(c) Public presentations. Individuals who
desire to make public presentations to the TBCJ on posted agenda topics shall
provide, on the date of the meeting, a completed registration card to onsite
board office staff at least 10 minutes prior to the meeting's posted start
time. Registration cards shall be made available at the entry to the room where
the board's scheduled meeting will be held.
(1) Pre-registration is available for public
presentations through first class mail at P.O. Box 13084, Austin, Texas 78711,
or email at tbcj@tdcj.texas.gov. Pre-registration shall be received by the
board office staff at least four calendar days prior to the posted meeting date
of the presentation. In addition to the information required in subsection
(c)(2) of this section, pre-registration submissions shall include appropriate
contact information, such as a daytime phone number or email address, for the
individual who is registering to speak.
(2) Registration cards and pre-registration
submissions shall include:
(A) the name of the
individual who will make the presentation;
(B) a statement as to whether the individual
is being remunerated for the presentation and if so, by whom; and if
applicable, the name of the individual or entity on whose behalf the
presentation will be made;
(C) a
statement as to whether the presenter has registered as a lobbyist in relation
to the agenda topic being addressed;
(D) a reference to the agenda topic on which
the individual wants to present;
(E) an indication as to whether the presenter
will speak for or against the proposed agenda topic; and
(F) a statement verifying that all
information that will be presented is factual, true, and correct to the best of
the speaker's knowledge.
(3) The TBCJ chairperson shall have
discretion in setting reasonable limits on the time allocated for public
presentations on posted agenda topics. If several individuals have registered
to address the board on the same agenda topic, it shall be within the
discretion of the board chairperson to request that those individuals select a
representative amongst themselves to express such remarks or limit their
presentations to an expression of support for views previously
articulated.
(4) The TBCJ
chairperson shall provide an opportunity for public presentations to occur
prior to the board taking action on the topic denoted on the presenter's
registration card. If an individual who is registered to speak on a posted
agenda item is not present when called upon, that individual's opportunity to
speak prior to action being taken on that topic shall be forfeited.
(5) A presenter may submit documentation
pertaining to the public presentation to the board office staff. Documents
shall be submitted at least three calendar days prior to the posted meeting
date when the presentation is to occur. Such documentation shall then be
distributed to the board. Any documentation submitted after the
above-referenced date will not be distributed to the board until after the
presentation. A minimum of 12 copies of any such documentation shall be
submitted to the board office staff or distribution may not occur.
(d) Public comments.
(1) Twice a year, at the second and fourth
regular called meetings of the board, an opportunity shall be provided for
public comment on issues that are not part of the TBCJ's posted agenda but are
within the board's jurisdiction. Special called meetings are not counted toward
the requirement of this subsection.
(2) Individuals who desire to make public
comments to the TBCJ at these meetings shall provide, on the date of the
meeting, a completed registration card to onsite board office staff at least 10
minutes prior to the meeting's posted start time. Registration cards shall be
made available at the entry to the room where the board's scheduled meeting
will be held.
(3) Pre-registration
is available for public comments through first class mail at P.O. Box 13084,
Austin, Texas 78711, or email at tbcj@tdcj.texas.gov. Pre-registration shall be
received by board office staff no earlier than the first day of the month
preceding the board meeting for which the registration is intended and at least
four calendar days prior to the posted meeting date when the comments are to
occur. In addition to the information required in subsection (d)(4) of this
section, pre-registration submissions shall include appropriate contact
information, such as a daytime phone number or email address, for the
individual who is registering to speak.
(4) Registration cards and pre-registration
submissions shall include:
(A) the name of the
individual who will make the comments;
(B) a statement as to whether the individual
is being remunerated for the comments and if so, by whom; and, if applicable,
the name of the individual or entity on whose behalf the comments will be
made;
(C) a statement as to whether
the presenter has registered as a lobbyist in relation to the topic being
addressed;
(D) the topic on which
the individual shall speak and whether the individual will speak for or against
the topic; and
(E) a statement
verifying that all information that will be presented is factual, true, and
correct to the best of the speaker's knowledge.
(5) The TBCJ chairperson shall have
discretion in setting reasonable limits on the time allocated for public
comments. If several individuals have registered to address the board on the
same topic, it shall be within the discretion of the board chairperson to
request that those individuals select a representative amongst themselves to
express such comments or limit their comments to an expression of support for
views previously articulated.
(6)
Public comments shall be heard just prior to the conclusion of the board
meeting, with deviation from this practice within the discretion of the board
chairperson. If an individual who is registered to speak on a non-posted topic
is not present when called upon, that individual shall be called once more
following all other registered speakers. If that individual is not present at
that time, their opportunity to speak at that meeting shall be
forfeited.
(7) A presenter may
submit documentation pertaining to the public comments to the board office
staff. Documentation shall be submitted at least three calendar days prior to
the posted meeting date when the comments are to occur. Such documentation
shall then be distributed to the board. Any documentation submitted after the
above-referenced date will not be distributed to the board until after the
comments. A minimum of 12 copies of any such documentation shall be submitted
to the board office staff or distribution may not occur.
(e) Disability accommodations. Individuals
with disabilities who have special communication or accommodation needs and who
plan to attend a meeting may contact the board office at
512-475-3250,tbcj@tdcj.texas.gov, or P.O. Box 13084, Austin, Texas 78711.
Requests for accommodation shall be made at least two days prior to a posted
meeting. The TBCJ shall make every reasonable effort to accommodate these
needs.
(f) Conduct and decorum. The
TBCJ shall receive public presentations and comments as authorized by this
section, subject to the following additional guidelines:
(1) Due to requirements of the Open
Meetings Act, questions shall only occur on public presentations as
defined in subsection (b) of this section as they are associated with posted
agenda topics. Questions shall be reserved for board members and staff
recognized by the board chairperson.
(2) Presentations and comments shall remain
pertinent to the issues denoted on the registration cards.
(3) An individual who is determined by the
board chairperson to be disrupting a meeting shall immediately cease the
disruptive activity or leave the meeting room if ordered to do so by the board
chairperson. If the disruptive activity continues, the individual may be
subject to removal from the meeting room.
(4) A presenter may not assign a portion of
his or her allotted presentation time to another speaker.
(5) Signs and placards shall not be carried
or displayed in the meeting room.
(g) Requests for issues to be placed on an
agenda. Individuals not employed by or under contract with the TDCJ who wish to
propose an agenda item for discussion at a TBCJ meeting shall address the
request in writing to the chairperson, Texas Board of Criminal Justice, P.O.
Box 13084, Austin, Texas 78711, or email at tbcj@tdcj.texas.gov. Such requests
shall be titled "Proposed Agenda Topic" and shall be submitted no later than
the first day of the month preceding the board meeting for which the request is
intended. Such requests are subject to the requirements of the registration
card in subsection (c) of this section. The decision as to whether to calendar
a matter for discussion before the TBCJ, a board committee, a board liaison, or
with a designated staff member shall be within the discretion of the board
chairperson. Public presentations on topics placed on a board agenda, at the
request of an individual, shall be in accordance with subsection (c) of this
section.
Notes
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