1. (a) Purpose. This section provides policies and procedures governing public access to the board in order to facilitate that access and maximize public participation in the decision-making process, while ensuring orderly and effective conduct of meetings.

2. (b) Posted agenda items. A person may speak before the board on any matter on a posted agenda by submitting a request, in a form and manner as prescribed by the department, prior to the matter being taken up by the board. A person speaking before the board on an agenda item will be allowed an opportunity to speak:

   1. (1) prior to a vote by the board on the item; and
   2. (2) for a maximum of three minutes, except as provided in subsection (f)(6) of this section.

3. (c) Open comment period.

   1. (1) At the conclusion of the posted agenda of each regular business meeting the board will allow an open comment period, not to exceed one hour, to receive public comment on any other matter that is under the jurisdiction of the board.
   2. (2) A person desiring to appear under this subsection must complete a registration form, as provided by the department, prior to the beginning of the open comment period.
   3. (3) Except as provided in subsection (f)(6) of this section, each person will be allowed to speak for a maximum of three minutes for each presentation in the order in which he or she registered.
4. (d) Disability accommodation. Persons with disabilities, who have special communication or accommodation needs and who plan to attend a meeting, may contact the department in Austin. Requests should be made at least two days before a meeting. The department will make every reasonable effort to accommodate these needs.
5. (e) Notice. For each board meeting an agenda will be filed with the Texas Register in accordance with the requirements of the Open Meetings Act, Government Code, Chapter 551.

6. (f) Conduct and decorum. The board will receive public input as authorized by this section, subject to the following guidelines.

   1. (1) Questioning of those making presentations will be reserved to members and the department's administrative staff.
   2. (2) Organizations, associations, or groups are encouraged to present their commonly held views, and same or similar comments, through a representative member where possible.
   3. (3) Presentations shall remain pertinent to the issue being discussed.
   4. (4) A person who disrupts a meeting must leave the meeting room if ordered to do so by the chair.
   5. (5) Time allotted to one speaker may not be reassigned to another speaker.
   6. (6) The time allotted for presentations or comments under this section may be increased or further limited by the chair, or, in the chair's absence, the vice chair, as may be appropriate to assure opportunity for the maximum number of persons to appear.
7. (g) Waiver. Subject to the approval of the chair, a requirement of this section may be waived in the public interest if necessary for the performance of the responsibilities of the board or the department.

Source Note:The provisions of this §206.22 adopted to be effective February 4, 2010, 35 TexReg 654.