1. (a) Applicability. This section applies to statutory advisory committees and governs the operation of statutory advisory committees. A committee has the purposes, powers, and duties, including the manner of reporting its work, prescribed by the board.

2. (b) Appointment of members. The board shall appoint persons to each advisory committee who:

   1. (1) are selected from a list provided by the executive director; and
   2. (2) have knowledge about and interests in, and represent a broad range of viewpoints about the work of the committee or applicable division.

3. (c) Election of officers and terms of members.

   1. (1) Unless otherwise specified with regard to a particular committee, each committee shall elect a chair and vice-chair by majority vote of the members of the committee. The chair and vice-chair shall each be elected for a term of not less than one year and not more than two years. Once elected, the chair and vice-chair may stand for reelection, without limit on the number of consecutive terms.
   2. (2) Members shall serve on an advisory committee until new members are appointed.
4. (d) Administrative support. For each advisory committee, the executive director will designate a division of the department that will be responsible for providing any necessary administrative support essential to the functions of the committee.

5. (e) Meetings.

   1. (1) Quorum. A majority of the membership of an advisory committee, including the chair, constitutes a quorum. The committee may act only by majority vote of the members present at the meeting.
   2. (2) Parliamentary procedure. Parliamentary procedures for all committee meetings shall be in accordance with the latest edition of Robert's Rules of Order, except that the chair may vote on any action as any other member of the committee, and except to the extent that Robert's Rules of Order are inconsistent with any statute or this subchapter.
   3. (3) Record. Minutes of all committee meetings shall be prepared and filed with the board. The complete proceedings of all committee meetings must also be recorded by electronic means.
   4. (4) Public information. All minutes, transcripts, and other records of the advisory committees are records of the board and as such may be subject to disclosure under the provisions of Government Code, Chapter 552.
6. (f) Removal of member. A committee member may be removed at any time without cause by the board.
7. (g) Reimbursement. The department may, if authorized by law and the executive director, reimburse a member of a committee for reasonable and necessary travel expenses. Current rules and laws governing reimbursement of expenses for state employees shall govern reimbursement of expenses for advisory committee members.
8. (h) Conflict of interest. Advisory committee members are subject to the same laws and policies governing ethical standards of conduct as those for board members and employees of the department.
9. (i) Advisory committee recommendations. In developing department policies, the board will consider the recommendations submitted by advisory committees.

10. (j) Manner of reporting.

    1. (1) The designated division shall, in writing, report to the board an official action of a statutory advisory committee, including any advice and recommendations, prior to board action on the issue. The chair of the advisory committee or the chair's designee will also be invited by the department to appear before the board prior to board action on a posted agenda item to present the committee's advice and recommendations.
    2. (2) In the event a written report cannot be furnished to the board prior to board action, the report may be given orally, provided that a written report is furnished within 10 days of board action.
11. (k) Duration. Except as otherwise specified in this subchapter, each statutory advisory committee is abolished November 1, 2013, unless the board amends its rules to provide for a different date.

Source Note:The provisions of this §206.93 adopted to be effective February 4, 2010, 35 TexReg 654.