Current through Reg. 49, No. 38; September 20, 2024
(a) Content.
This section sets out the organization, administration, and other general
policies governing the operation of the board.
(b) Officers.
(1) Presiding officer.
(A) The governor shall designate a member of
the board as the presiding officer.
(B) The presiding officer shall be referred
to as the chair.
(C) The chair
shall preside at all board meetings at which he or she is in attendance and
perform all duties prescribed by this chapter or the Act.
(2) Assistant presiding officer.
(A) The assistant presiding officer shall be
referred to as the vice-chair.
(B)
The vice-chair shall perform the duties of the chair in case of the absence or
disability of the chair.
(C) If the
chair is unable to fulfill his or her term, the vice-chair will serve until the
governor designates a member of the board as a successor.
(c) Elections.
(1) At the first regularly scheduled meeting
of each calendar year, the board shall elect a vice-chair by a majority vote of
those members present and voting. The vice-chair will serve in that capacity
until the first regularly scheduled meeting of the next calendar
year.
(2) A vacancy that occurs in
the office of vice-chair may be filled by a majority vote of those members
present and voting at the next board meeting.
(d) Committees.
(1) The board or the chair, with the approval
of the board, may establish committees deemed necessary to assist the board in
carrying out its duties and responsibilities.
(2) The chair of the board may appoint the
members of the board to serve on committees and may designate a chair of each
committee.
(3) Committee chairs
shall make regular reports to the board in interim written reports or at
regular meetings, as needed.
(4)
Committees shall direct all reports or other materials to the executive
secretary for distribution.
(5)
Committees shall meet when called by the chair of the committee or when so
directed by the board or the chair.
(6) Committee chairs shall coordinate with
the board office to determine a meeting date(s) and place(s). The committee
chair shall notify the executive secretary and chair of the proposed meeting
date(s) and place(s).
(7) The
committee chair will coordinate the meeting arrangements with the executive
secretary.
(8) Committee meetings
shall be announced and conducted in accordance with the Open Meetings Act,
Texas Government Code, Chapter 551. Committee meeting agendas shall be prepared
by the executive secretary with the concurrence of the committee
chair.
(9) An executive summary or
minutes of each committee meeting shall be prepared by the executive
secretary.
(e) Meetings.
(1) The board shall hold at least one meeting
each year and additional meetings as necessary to transact its business at such
designated date, place, and time as may be determined by the chair.
(2) Meetings shall be announced and conducted
under the provisions of the Open Meetings Act, Texas Government Code, Chapter
551.
(f) Quorum. A
quorum of the board necessary to transact official business is five
members.
(g) Transaction of
official business.
(1) The board is
authorized to transact official business only when in a legally constituted
meeting with a quorum present.
(2)
Board action shall require a majority vote of those members present and
voting.
(3) The current edition of
Roberts Rules of Order shall be the basis of parliamentary decisions except
where otherwise provided by this chapter.
(h) Agendas.
(1) The executive secretary shall prepare and
submit to each member of the board, at least five days prior to each meeting,
an agenda, approved by the chair, that includes items requested by members;
items requested by the board or the executive secretary; items required by law;
and other matters of board business.
(2) The official agenda of each meeting shall
be filed with the secretary of state in accordance with the Open Meetings Act,
Texas Government Code, Chapter 551.
(i) Minutes.
(1) Drafts of the minutes of each meeting
shall be forwarded to each member of the board for review and comments prior to
approval by the board.
(2) After
approval by the board, the minutes are official only when affixed with the
original signatures of the chair and the executive secretary.
(3) The official minutes of each meeting
shall be made available to the public on the department's website.
(j) Attendance.
(1) The policy of the board is that members
will attend board and committee meetings as scheduled.
(2) Except in case of emergency, board
members shall notify the executive secretary at least 48 hours before a
scheduled meeting if they are unable to be present.
(k) Reimbursement for expenses.
(1) A board member is entitled to
reimbursement for transportation and incidental expenses as provided by the
General Appropriations Act.
(2)
Payment to board members of expenses shall be on official state travel
vouchers.
(3) Attendance at
conventions, meetings, and seminars must be clearly related to the performance
of official board duties if a board member's expenses to attend are to be
reimbursed.
(l) Policy
against discrimination. The board shall make no decision in the discharge of
its statutory authority based on any person's race, creed, gender, genetic
information, sexual orientation, religion, color, national origin, physical
condition, geographical distribution, age, or economic status.