1. (a) Public appearances at board meetings. Members of the public may appear before the board regarding any issue under the board's jurisdiction.

   1. (1) Any person or organization wishing to be placed on the board meeting agenda must provide a written statement of such request. The request must identify the name of the presenter(s) and the topic of discussion desired to be discussed, and must be delivered to the chairman at the department's headquarters, 1700 N. Congress Avenue, Suite 130, Austin, Texas 78701, or mailed to the department at P.O. Box 12728, Austin, Texas 78711-2728, or faxed to the department at (512) 936-0303. The request must include a contact person's name, mailing address, telephone number, and fax number, if available.
   2. (2) Within 30 days after receipt of the request, the requestor will be notified of the time and place of the next board meeting for which the requestor can be placed on the agenda and the amount of time scheduled for the requestor's presentation.

2. (b) Public comment on scheduled agenda items. Member of the public may comment on scheduled agenda items as determined by the board, consistent with the Texas Open Meetings Act.

   1. (1) The board agenda shall consist of agenda items prepared by department staff and approved by the chairman. Agenda items shall be filed with the Secretary of State's Office prior to board meetings in accordance with the Act.
   2. (2) The board agenda shall include time for public comments whenever possible. Members of the public who wish to speak on a scheduled board agenda item must complete a comment sheet, identifying the presenter and the item to be addressed, prior to board discussion on the item. Comment sheets will be available to members of the public prior to and during board meetings.
   3. (3) The chairman will recognize the presenter at the point in the agenda where the comments are most relevant and may determine an appropriate amount of time for the presentation. The board may further limit presentations at any time in accordance with the Act.
3. (c) To the greatest extent practicable and where consistent with the Texas Open Meetings Act, meetings shall proceed in accordance with Robert's Rules of Order. In the event a point of order is raised with respect to any process or action of the governing board, a determination regarding the validity of the process or action shall be within the discretion of the office of the general counsel of the department.
4. (d) Meeting accessibility. Any disabled or non-English speaking person who requires assistance in order to attend a board meeting will be reasonably accommodated whenever possible. Any person requiring an accommodation must contact the Board Coordinator at department headquarters as set out in subsection (a)(1) of this section.

Source Note:The provisions of this §190.6 adopted to be effective March 4, 1998, 23 TexReg 1941; amended to be effective November 30, 2000, 25 TexReg 11647.