As provided for by the 74th Texas Legislature, within §442.005(r) of the Government Code of Texas (concerning the statutes of the Texas Historical Commission), the committee is authorized to create an Antiquities Advisory Board (hereafter referred to as the board). The board will be chaired by the Governor-appointed professional archeologist member of the Texas Historical Commission, and will make recommendations to the committee on issues related to the Antiquities Code of Texas. The Vice Chair will be elected each year by the board from within their membership. The board will also be composed of the following six membership positions: the representative of the Texas Archeological Society, the president of the Council of Texas Archeologists, a state agency archeologist, a contract archeologist, the Governor-appointed professional architect member of the Texas Historical Commission, and the Governor-appointed professional historian member of the Texas Historical Commission. The contract archeologist will be appointed by the committee, and will serve one three-year term that expires on February 1. The board will provide nominations to the committee for the selection of the contract archeologist position. The state agency archeologist will serve a one-year term that expires February 1, and the appointment must rotate between the state agencies that have staff archeologists. If the Governor does not appoint a professional archeologist, architect, and historian to the Texas Historical Commission, the committee will appoint such individuals to the board and they will serve for a term of two years or until replaced by a Governor-appointee(s). Specific duties of the board include providing recommendations on proposed State Archeological Landmark designations, and in resolving disputes regarding the issuance of Texas Antiquities Permits. The board shall convene immediately prior to each quarterly meeting of the committee unless otherwise requested by the board chair, and board meetings shall conform to the Texas Open Meetings Act, Chapter 551 of the Texas Government Code, and the Administrative Procedure Act, Texas Government Code 2001. The recommendations of the board will be brought to the committee by the board chair and/or one of the other committee members who serves on the board, and whose area of expertise is related to the subject under consideration. The board will accomplish their specific duties in the following manner.

1. (1) Consider and discuss all proposed State Archeological Landmark designations, and any non-adjudicative issues or dispute related to Antiquities Permit issuance that are brought before them by the committee, Department of Antiquities Protection or Division of Architecture staff, members of the board, or the public.
2. (2) Function as preliminary mediators for the committee unless otherwise directed by the committee, or refused by a complainant(s).
3. (3) Vote on final recommendations related to appropriate issues of concern, and present those recommendations to the committee.

4. (4) Conflicts of interest.

   1. (A) Any member of the board that has a conflict of interest related to an issue that comes before the board shall recuse himself/herself from voting on that issue. A member of the Board who has a conflict of interest may respond to questions directed to them by seated members of the Board. Prior to any deliberations concerning the issue in which a member of the Board has a conflict of interest, the member with a conflict shall announce, for the record, that such a conflict exists and physically absent and recuse himself/herself from the decision-making process and neither vote directly, in absentia, nor by proxy in that matter. Board minutes must indicate which member recused himself/herself and the reason(s) for the recusal.

   2. (B) For the purpose of these rules a conflict of interest would result if a vote by a member of the Board is likely to result in a financial benefit or personal gain for the following individuals:

      1. (i) the member of the board:
      2. (ii) any person of the member's immediate family, which includes spouse and any minor children; or
      3. (iii) a business partner of the member; or
      4. (iv) any organization for profit in which the member, or any person of clauses (ii) and (iii) of this subparagraph, that is serving or is about to serve as an officer, director, trustee, partner, or employee. A financial benefit includes, but is not limited to, grant money, contract, subcontract, royalty, commission, contingency, brokerage fee, gratuity, favor, or any other things of real or potential value.
5. (5) The Board shall follow parliamentary authority according to Robert's Rules of Order, Newly Revised, except where specifically provided for otherwise in these rules.

Source Note:The provisions of this §26.6 adopted to be effective December 5, 1995, 20 TexReg 9687; amended to be effective June 26, 1996, 21 TexReg 5437.