Current through Reg. 49, No. 38; September 20, 2024
(a) Each RFPG and
any committee, subcommittee, or subgroup of an RFPG are subject to Chapters
551 and
552, Government
Code.
(b) Each RFPG shall create
and maintain a website that they will use to post public notices of all its
full RFPG, subgroup, and subcommittee meetings and make available meeting
agendas and related meeting materials for the public, in accordance with the
items listed below in subsection (h)(1) - (3) of this section.
(c) Each RFPG shall provide a means by which
it will accept written public comments prior to and after meetings. The RFPGs
must also allow oral public comments during RFPG meetings.
(d) Confidential materials that fall under
protection in accordance with the Homeland Security Act, may not be made
available to the general public.
(e) Each RFPG shall solicit interested
parties from the public and maintain a list of emails of persons or entities
who request to be notified electronically of RFPG activities.
(f) At a minimum, notices of all meetings,
meeting materials, and meeting agendas shall be sent electronically, in
accordance with the timelines provided in subsection (h)(1) - (3) of this
section to all voting and non-voting RFPG members; and any person or entity who
has requested notice of RFPG activities.
(g) At a minimum, all notices must be posted
to the RFPG website and in the Texas Register on the Secretary
of State website and must include:
(1) the
date, time, and location of the meeting;
(2) a summary of the proposed action(s) to be
taken;
(3) the name, telephone
number, email address, and physical address of a contact person to whom
questions or requests for additional information may be submitted;
and
(4) a statement of how and when
comments will be received from the members and public.
(h) In addition to subsections (a) - (g) of
this section, and the notice requirements of Chapter
551, Government Code,
the following requirements apply to any RFPG meetings and any RFPG committee,
subcommittee, or subgroup meetings:
(1) at a
minimum, notice must be provided at least seven days prior to the meeting, and
meeting materials must be made available online at least three days prior to
and seven days following the meeting when the planning group will take the
following actions:
(A) regular RFPG meetings
and any RFPG committee, subcommittee, or subgroup meetings;
(B) approval of requests for funds from the
Board;
(C) amendments to the
regional flood planning scope of work or budget;
(D) approval to submit established
deliverables to the Board or EA including technical memorandums;
(E) approval of replacement RFPG members to
fill voting and non-voting position vacancies;
(F) any other RFPG approvals required by TWDB
contract or EA guidance not specifically addressed under paragraph (2) or (3)
of this subsection;
(G) holding
pre-planning public meetings to obtain input on development of the next RFP per
TWC 16.062(d);
(H) determining
flood mitigation and floodplain management goals per §
361.36 of this title;
and
(I) approving process for
identifying potential FMEs and potentially feasible FMSs and FMPs per §
361.38 of this title (relating to
Identification and Assessment of Potential Flood Management Evaluations and
Potentially Feasible Flood Management Strategies and Flood Mitigation
Projects).
(2) at a
minimum, notice must be provided at least seven days prior to the meeting,
written comments must be accepted for seven days prior to the meeting and
considered by the RFPG members prior to taking the associated action, and
meeting materials must be made available online for a minimum of three days
prior to and 14 days following the meeting, when the planning group will take
the following actions:
(A) adoption of the
final RFP per TWC 16.062(h);
(B)
approval of amendments to RFPs per §
361.51 of this title (relating to
Amendments to Regional Flood Plans); and
(C) approval of any changes to the number of
and representation make-up of the RFPG membership. This includes the addition
or removal of any voting or non-voting interest category or position, any
changes to the representation categories of existing voting and non-voting
positions, or the removal of any voting or non-voting positions, including for
existing interest categories that may have more than one representative
position.
(3) for
meetings at which the planning group will take public comment related to the
RFPG's draft RFP per TWC 16.062(f) - (g), the following additional public
notice provisions must be met:
(A) the draft
RFP must be made available for public inspection online for 30 days prior to
the first meeting, if more than one meeting is held, and 30 days following the
first meeting;
(B) at a minimum,
notice must be provided at least 30 days prior to the first meeting;
(C) notice must be provided to all adjacent
RFPGs;
(D) notice of the meeting
must include a summary of the regional flood plan;
(E) notice must include information on how
the public may submit comments;
(F)
a hard copy of the draft RFP must be made available for public inspection in at
least one publicly accessible location within the FPR for at least 30 days
prior to the first meeting and 30 days following the first meeting;
and
(G) written comment must be
accepted for consideration for at least 30 days prior to the first meeting and
at least 30 days following the first meeting for consideration and response
prior to adoption of the final plan under §
361.50 of this title (relating to
Adoption, Submittal, Notifications, and Approval of Regional Flood Plans) and
oral comments must be accepted during the meeting; and
(H) after the RFPG has prepared a draft RFP,
the RFPG shall hold at least one public meeting in a central location in the
FPR to accept comments on the draft RFP.
(i) All notice periods given are based on
calendar days.
(j) RFPGs shall also
provide additional public notice, if any, in accordance with their decision
under §
361.11(d)(6) of
this title (relating to Designations and Governance of Flood Planning Regions),
including provision of print notices, if applicable.
(k) Each RFPG shall include a statement in
their draft and final adopted regional flood plans regarding the RFPG's
conformance with this section.
