1. (a) General. This section establishes operating procedures for the Texas Board of Criminal Justice ("TBCJ") 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 "Board"). The Chairman of the TBCJ is designated by and serves at the pleasure of the Governor pursuant to Government Code, §492.005.
   2. (2) The TBCJ shall elect a Vice-Chairman and a Secretary each odd-numbered year. The Vice-Chairman shall preside over meetings in the 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 TBCJ 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 of the Board 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 Chairman may appoint non-members to sit on the committee in an advisory capacity; however, advisory members are non-voting members (subsection (c)(5) of this section) and cannot be reimbursed for expenses incurred in this capacity.
   5. (5) For employment decisions made specifically by the TBCJ, a limited-purpose committee shall be appointed by the Chairman as deemed necessary to formulate recommendations for full Board consideration.

3. (c) Meetings.

   1. (1) The TBCJ attempts 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. Special called meetings can be held at the discretion of the Chairman.
   2. (2) TBCJ meetings shall be held in Austin, Texas, or under exceptional circumstances in Huntsville, Texas pursuant to Government Code, §492.006 and the General Appropriations Act. If the TBCJ uses videoconference technology to convene a meeting, at least three (3) members must convene at the Austin videoconference site, or under exceptional circumstances, the Huntsville videoconference site. The other members may convene using the technology from remote sites.
   3. (3) The agenda for the meetings of the TBCJ shall be set by the Chairman, after consultation with members of the TBCJ and the TDCJ Executive Director.
   4. (4) A meeting of a committee of the TBCJ shall be held at a site chosen by the Chairman of the committee. The Chairman of the committee shall set the agenda for the meeting in consultation with the committee's Lead Staff. If the TBCJ committee uses videoconference technology to convene a meeting, at least a quorum of the committee, such as, three (3) members of a four (4)-member committee, must convene in one 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. A non-unanimous vote on an action by a committee cannot be decided by 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, Government Code, Chapter 551.
   9. (9) The TDCJ Executive Director shall ensure that members are provided with materials necessary to conduct the business of Board and committee meetings well in advance of the meeting.
   10. (10) The Executive Director shall ensure that minutes of each meeting are prepared, retained, 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 to the TBCJ are governed by §151.4 of this title, pursuant to Government Code, §492.007 and §551.042.
   12. (12) The TBCJ shall approve meeting minutes for any committees that are deleted, renamed, or for which their limited-purpose has concluded.

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

       1. (A) The Presiding Officer of the Board of Pardons and Paroles or a designee to present any items relating to the operation of the parole system determined by the Presiding Officer to require the Board's consideration; and
       2. (B) The Chairman of the Judicial Advisory Council (JAC) to the Community Justice Assistance Division (CJAD) to present to the Board any item relating to the operations of the community justice system determined by the Chairman to require the Board's consideration.
   14. (14) At least twice a year or at the discretion of the Chairman, the agenda will include a report by the Advisory Committee to the Texas Board of Criminal Justice on Offenders with Medical or Mental Impairments, pursuant to §151.8 of this title and Health and Safety Code, Chapter 614.

Source Note:The provisions of this §151.3 adopted to be effective April 22, 2004, 29 TexReg 3803.