1. (a) The board. A Radiation Advisory Board shall be appointed under and governed by this section.

   1. (1) The name of the board shall be the Radiation Advisory Board (board).
   2. (2) The board is required to be established by Health and Safety Code, §401.015.
2. (b) Applicable law. The board is subject to Texas Civil Statutes, Article 6252-33, concerning state agency advisory committees.
3. (c) Purpose. The purpose of the board is to provide advice to the Texas Board of Health and to the Texas Department of Health's (department) radiation program in the area of state radiation policies and programs.

4. (d) Tasks.

   1. (1) The board shall advise the Texas Board of Health and the department's radiation program concerning rules relating to state regulation of radiation.
   2. (2) The board shall review and evaluate policies and programs of the state relating to radiation; make recommendations to the department, furnish technical advice as may be required on matters relating to development, use, and regulation of sources of radiation; and review proposed department rules and guidelines relating to regulation of sources of radiation and recommend changes in proposed or existing rules and guidelines relating to sources of radiation.
5. (e) Review and duration. By September 1, 1999, the Texas Board of Health will initiate and complete a review of the board to determine whether the board should be continued, consolidated with another board, or abolished. If the board is not continued or consolidated, the board shall be abolished on that date.
6. (f) Composition. The board shall be composed of 18 members appointed by the governor. The composition of the board shall include representatives from those areas as delineated in Chapter 401 of the Health and Safety Code.

7. (g) Terms of office. The term of office of each member shall be six years.

   1. (1) Members shall be appointed for staggered terms so that the terms of a substantial equivalent number of members will expire at the discretion of the governor.
   2. (2) If a vacancy occurs, a person shall be appointed by the governor to serve the unexpired portion of that term.

8. (h) Officers. The board shall elect a chairman, vice-chairman and secretary at its first meeting after August 31st of each year.

   1. (1) Each officer shall serve until the next regular election of officers.
   2. (2) The chairman shall preside at all board meetings at which he or she is in attendance, call meetings in accordance with this section, appoint subcommittees of the board as necessary, and cause proper reports to be made to the board. The chairman may serve as an ex-officio member of any subcommittee of the board.
   3. (3) The vice-chairman shall perform the duties of the chairman in case of the absence or disability of the chairman. In case the office of chairman becomes vacant, the vice-chairman will serve until a successor is elected to complete the unexpired portion of the term of the office of chairman.
   4. (4) A vacancy which occurs in the offices of chairman, vice-chairman or secretary may be filled at the next board meeting.
   5. (5) The board may reference its officers by other terms, such as chairperson and vice-chairperson.

9. (i) Meetings. The board shall meet quarterly on dates set by the board to conduct board business.

   1. (1) A meeting may be called by the Commissioner of Health (commissioner) or at least three members of the board.
   2. (2) Meeting arrangements shall be made by department staff. Department staff shall contact board members to determine availability for a meeting date and place.
   3. (3) Each meeting of the board shall be announced and conducted in accordance with the Open Meetings Act, Texas Government Code, Chapter 551.
   4. (4) Each member of the board shall be informed of a board meeting in a timely manner.
   5. (5) A simple majority of the members of the board shall constitute a quorum for the purpose of transacting official business.
   6. (6) The Board is authorized to transact official business only when in a legally constituted meeting with quorum present.
   7. (7) The agenda for each board meeting shall include an item entitled public comment under which any person will be allowed to address the board on matters relating to board business. The chairman may establish procedures for public comment, including a time limit on each comment.

10. (j) Attendance. Members shall attend board meetings as scheduled. Members shall attend meetings of subcommittees to which the member is assigned.

    1. (1) A member shall notify the chairman or appropriate department staff if he or she is unable to attend a scheduled meeting.
    2. (2) It is grounds for removal from the board if a member cannot discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability, is absent from more than half of the board and subcommittee meetings during a calendar year, or is absent from at least three consecutive board meetings.
    3. (3) The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a member exists.
    4. (4) The attendance records of the members shall be reported to the board. The report shall include attendance at board and subcommittee meetings.
11. (k) Staff. Staff support for the board shall be provided by the department.

12. (l) Procedures. Roberts Rules of Order, Newly Revised, shall be the basis of parliamentary decisions except where otherwise provided by law or rule.

    1. (1) Any action taken by the board must be approved by a majority vote of the members present once quorum is established.
    2. (2) Each member shall have one vote.
    3. (3) A member may not authorize another individual to represent the member by proxy.
    4. (4) The board shall make decisions in the discharge of its duties without discrimination based on any person's race, creed, gender, religion, national origin, age, physical condition, or economic status.

    5. (5) Minutes of each board meeting shall be taken by department staff.

       1. (A) A draft of the minutes approved by the chairman shall be provided to the board and each member of the board within 30 days of each meeting.
       2. (B) After approval by the board, the minutes shall be signed by the secretary.

13. (m) Subcommittees. The board may establish subcommittees as necessary to assist the board in carrying out its duties.

    1. (1) The chairman shall appoint members of the board to serve on subcommittees and to act as subcommittee chairpersons. The chairman presiding officer may also appoint nonmembers of the board to serve on subcommittees as the need for additional expertise arises.
    2. (2) Subcommittees shall meet when called by the subcommittee chairperson or when so directed by the board.
    3. (3) A subcommittee chairperson shall make regular reports to the advisory board at each board meeting or in interim written reports as needed. The reports shall include an executive summary or minutes of each subcommittee meeting.
14. (n) Statement by members. The Texas Board of Health, the department, and the board shall not be bound in any way by any statement or action on the part of any board member except when a statement or action is in pursuit of specific instructions from the Texas Board of Health, department, or board.

15. (o) Reports to Texas Board of Health. The board shall file an annual written report with the Texas Board of Health.

    1. (1) The report shall list the meeting dates of the board and any subcommittees, the attendance records of its members, a brief description of actions taken by the board, a description of how the board has accomplished the tasks given to the board by the Texas Board of Health, the status of any rules which were recommended by the board to the Texas Board of Health, anticipated activities of the board for the next year, and any amendments to this section requested by the board.
    2. (2) The report shall identify the costs related to the board's existence, including the cost of agency staff time spent in support of the board's activities.
    3. (3) The report shall cover the meetings and activities in the immediate preceding 12 months and shall be filed with the Texas Board of Health each August. It shall be signed by the chairman and appropriate department staff.

16. (p) Reimbursement for expenses. In accordance with the requirements set forth in Texas Civil Statutes, Article 6252-33, a board member may receive reimbursement for the member's expenses incurred for each day the member engages in official board business.

    1. (1) No per diem shall be paid to board members unless required by law but members shall be reimbursed for travel, meals, lodging, and incidental expenses in accordance with the Appropriations Act.
    2. (2) A board member who is an employee of a state agency, other than the department, may not receive reimbursement for expenses from the department if he or she is reimbursed by that state agency.
    3. (3) A nonmember of the board who is appointed to serve on a subcommittee may not receive reimbursement for expenses from the department.
    4. (4) Each member who is to be reimbursed for expenses shall submit to staff the member's receipts for expenses and any required official forms no later than 14 days after each board meeting.
    5. (5) Requests for reimbursement of expenses shall be made on official state travel vouchers prepared by department staff.

Source Note:The provisions of this §289.130 adopted to be effective November 1, 1995, 20 TexReg 7839.