1. (a) General. This section establishes operating procedures for the Texas Board of Criminal Justice (TBCJ or Board) to conduct business.

2. (b) Organization.

   1. (1) The TBCJ is a nine (9)-member body appointed by the Governor to oversee the Texas Department of Criminal Justice (TDCJ or Agency). The TBCJ Chairman is designated by and serves at the pleasure of the Governor pursuant to Section 492.005, Texas Government Code.
   2. (2) The TBCJ shall elect a Vice-Chairman and a Secretary each odd-numbered year. The Board Vice-Chairman shall preside over meetings in the Board Chairman's absence, and the Secretary shall provide any necessary execution of documents.
   3. (3) The Chairman, on behalf of the TBCJ, is empowered to appoint members of the Board to be members or chairs of standing or limited-purpose committees, or to serve as liaisons to the TBCJ on particular subject areas or divisions within TDCJ's jurisdiction, or both. The purpose for a committee, if appointed, is to have certain members become particularly familiar with various issues, and to bring forward consensus recommendations, or a candid report on any disagreements, to the full Board.
   4. (4) A member who chairs a committee appointed by the Board Chairman may appoint non-members to sit on the committee in an advisory capacity; however, advisory members are non-voting members (subsection (c)(6) of this rule) and cannot be reimbursed for expenses incurred in this capacity.

3. (c) Meetings.

   1. (1) The TBCJ shall attempt to hold a regular meeting at least every odd-numbered month of the year, but shall meet at least once each quarter of the calendar year pursuant to Section 492.006, Texas Government Code. Special called meetings can be held at the discretion of the Board Chairman.
   2. (2) TBCJ meetings shall be held in Austin, Texas, or under exceptional circumstances in Huntsville, Texas, pursuant to the General Appropriations Act. If the TBCJ uses video conference technology to convene a meeting, at least three (3) members shall convene at the Austin video conference site, or under exceptional circumstances, the Huntsville video conference site. The other members may convene using the technology from remote sites.
   3. (3) The agenda and date for the TBCJ meetings shall be set by the Board Chairman.
   4. (4) The agenda for committee meetings shall be set by the Committee Chairman in consultation with the committee's lead staff. If the TBCJ committee uses video conference technology to convene a meeting, at least a quorum of the committee, such as, three (3) members of a four (4)-member committee, shall convene in one (1) location, and the other members may convene using the technology from remote sites.
   5. (5) A majority of the TBCJ or of a committee of the TBCJ constitutes a quorum for the convening of and transaction of business at any meeting. A quorum of a committee with two (2) members is two (2).
   6. (6) A quorum of a committee cannot depend on the presence of an advisory member.
   7. (7) Meetings of the TBCJ and its committees shall be conducted according to standard parliamentary procedures.
   8. (8) Meetings of the TBCJ and its committees are governed by the Texas Open Meetings Act, (Texas Government Code, Chapter 551).
   9. (9) The TDCJ Executive Director shall ensure members are provided the materials necessary to conduct the business of the Board and its committees well in advance of the meetings.
   10. (10) The Executive Director shall ensure the minutes of each meeting are prepared, retained and filed with the Legislative Reference Library, and made available to the public. The minutes shall state the subject matter of each deliberation and shall indicate each vote, order, decision or other action taken by the TBCJ.
   11. (11) Requests by the public to make presentations or comments to the TBCJ are governed by Section 151.4 of this title, pursuant to Sections 492.007 and 551.042, Texas Government Code.
   12. (12) The TBCJ shall approve meeting minutes for any committees deleted, renamed or for which their limited-purpose has concluded.

   13. (13) The agenda of each regularly scheduled meeting shall include an opportunity for:

       1. (A) The Presiding Officer of the Board of Pardons and Paroles (BPP) or a designee of the presiding officer to present at a minimum any items relating to the operation of the parole system determined by the Presiding Officer to require the Board's consideration;
       2. (B) The Chairman of the Judicial Advisory Council (JAC) to the Board and the Community Justice Assistance Division (CJAD) to present at a minimum any items relating to the operation of the community justice system determined by the JAC Chairman to require the Board's consideration;
       3. (C) The TDCJ Executive Director to present any items relating to the Agency as determined by the Executive Director or Board Chairman;
       4. (D) The Chairman or designee of the Correctional Managed Health Care Committee (CMHCC) to present on the committee's policy decisions, the financial status of the correctional health care system and corrective actions taken by or required of the department or the health care providers; and
       5. (E) The Chairman of the Advisory Committee on Offenders with Medical or Mental Impairments (ACOOMMI) or a designee of the ACOOMMI Chairman to present on items related to offenders with medical or mental impairments.

Source Note:The provisions of this §151.3 adopted to be effective April 22, 2004, 29 TexReg 3803; amended to be effective October 7, 2007, 32 TexReg 6783.