10 TAC §§256.1 - 256.15
The Office of Rural Community Affairs (Office) proposes new
Chapter 256, Subchapter A, §§256.1 - 256.15, to provide for the
establishment of Executive Committee and Executive Director management responsibilities
including the provision for the opportunity for public comments at agency
public hearings.
The new rules are proposed to clearly establish and separate the policy-making
responsibilities of the executive committee and the management responsibilities
of the executive director and to establish a process for public comment to
the agency and the Executive Committee.
Charles S. (Charlie) Stone, Executive Director, has determined that for
the first five-year period the new rules are in effect there will be no fiscal
implications for state or local government as a result of administering the
new rules.
Mr. Stone has also determined that for each year of the first five years
the new rules are in effect the public benefit will be to help the public
and the agency distinguish the separate responsibilities of the Executive
Committee and Executive Director and the public's opportunity to offer comments
to the agency. There will not be an effect on small businesses. There is no
anticipated economic cost to persons who are required to comply with the proposed
new rules.
Comments on the proposal may be submitted in writing to J. Randel (Jerry)
Hill, General Counsel, at P.O. Box 12877, Austin, Texas 78711. Comments may
also be submitted electronically to
jhill@orca.state.tx.us
or faxed to (512) 936-6776. Comments will be accepted for 30 days
following the date of publication of this proposal in the
Texas Register
. All requests for a public hearing on the proposed new
rules submitted under the Administrative Procedure Act must be received by
the General Counsel not more than 15 calendar days after notice of the proposed
rules have been published in the
Texas Register
.
The new rules are proposed under the authority of Chapter 487 §487.052
of the Texas Government Code which authorizes the Executive Committee to adopt
rules to implement the provisions of this Chapter.
No other code, article, or statute is affected by the proposed new rules.
§256.1.Executive Director.
(a)
The Executive Committee, as defined in Chapter 487 of the
Government Code, shall employ an Executive Director who will serve at the
will of the Executive Committee.
(b)
The Executive Director shall be the administrator of the
agency and shall employ the staff necessary to conduct the activities of the
agency.
(c)
The Executive Director shall also be responsible for the
operation of the agency in accordance with Executive Committee policy, state
and federal law, and duties established by the Executive Committee.
(d)
The Executive Director is empowered to make preliminary
interpretations of the Act or of these sections, except that any interpretation
by the Executive Director shall not be binding upon the Executive Committee.
(e)
The Executive Director may appoint advisory committees
from outside the agency staff to advise the staff, as the Executive Director
may deem necessary.
§256.2.Staff.
(a)
The Executive Director shall employ such staff as is authorized
and necessary for the conduct of agency affairs. Applicants for employment
with the office shall be notified that:
(1)
No employee in a bona fide executive, administrative or
professional capacity, as that phrase is used for purposes of establishing
an exemption to the overtime provisions of the federal Fair labor Standards
Act of 1938 and any subsequent amendments, of the office may be related within
the second degree of affinity or within the second degree of consanguinity
to a person who is an officer, employee, or paid consultant of a Texas trade
association in the field of rural affairs, or
(2)
The applicant may not be employed by the Office if the
person's spouse is an officer, manager or paid consultant of a Texas trade
association in the field of rural affairs, or
(3)
The applicant may not be employed by the office if the
person is required to register as a lobbyist under Chapter 305 of the Texas
Government Code.
(b)
Each employee shall be hired without regard to race, color,
handicap, sex, religion, age, or national origin.
§256.3.Presiding Officer.
Members of the Executive Committee shall annually elect a presiding
officer from among the members of the Executive Committee. The presiding officer
shall, when present, conduct all Executive Committee meetings. The presiding
officer shall appoint such committees as authorized under §256.9 of this
title (relating to Committees) and may delegate the signing of official documents.
The presiding officer may sign orders on behalf of the Executive Committee
after the Executive Committee has approved adoption of the order. The presiding
officer shall sign the certified agenda required pursuant to §551.104
of the Open Meetings Act. The presiding officer shall serve as the official
spokesman of the Executive Committee and shall have such other responsibilities
as assigned and such other authority as conferred by the Executive Committee.
§256.4.Assistant Presiding Officer.
Members of the Executive Committee shall annually elect an assistant
presiding officer from members of the Executive Committee. The assistant presiding
officer, in the absence of the presiding officer, shall perform the duties
of the presiding officer as specified in §256.3 of this title (relating
to Presiding Officer), and shall perform such other duties, as the Executive
Committee shall designate.
§256.5.Secretary/Treasurer.
(a)
Members of the Executive Committee shall annually elect
a secretary/treasurer from among the members of the Executive Committee.
(b)
The secretary, in the absence of the presiding officer
and assistant presiding officer, shall perform the duties of the presiding
officer as specified in §256.3 of this title (relating to Presiding Officer)
and shall perform such other duties, as the Executive Committee shall designate.
(c)
The secretary shall work with the Executive Director to
assure the proper recording of minutes of the Executive Committee meetings
and to assure that a copy of the minutes is transmitted to each Executive
Committee member before each ensuing meeting and have charge of all records,
proceedings and documents of the Executive Committee and maintain documentation
of the legally required notices of each Executive Committee meeting.
§256.6.Vacancies in the Executive Committee.
If for any reason a vacancy shall occur in the Executive Committee,
the presiding officer shall provide a notice to the appointing authority for
the position and ask for the appointment of a new member to fill the unexpired
term. If the vacancy occurs in any of the officers of the Executive Committee,
the Executive Committee shall elect from its own membership at the first regular
or special meeting following the vacancy a new officer to serve for the balance
of the unexpired term.
§256.7.Executive Committee Meetings.
(a)
Executive Committee meetings shall be open to the public.
The presiding officer shall assure that proper notice of Executive Committee
meetings is provided as required by law.
(b)
Executive Committee meetings shall take place at the headquarters
of the office or, if convenience of the public or the parties to a hearing
will be better served, at such place as the Executive Committee may designate.
(c)
Executive Committee meetings shall be held at least quarterly
and written notice of at least 7 days shall be given to each member of the
time and place of such meeting.
(d)
Special meetings may be held upon the call of the presiding
officer or upon call of a majority of the members of the Executive Committee
after legally adequate notice.
(e)
The Executive Director shall prepare and submit to each
member of the Executive Committee prior to each meeting a copy of the proposed
agenda, outlining the matters to be considered by the Executive Committee.
Attached to the agenda may be documents supplementing the matters to be discussed.
The presiding officer shall approve the agenda prior to its distribution to
the Executive Committee members and it's posting pursuant to the Open Meetings
Act.
(f)
Five members of the Executive Committee shall constitute
a quorum.
(g)
An individual member may not represent the Executive Committee
by any statement or action except pursuant to the authority delegated to the
individual member by the Executive Committee and recorded in the minutes of
the Executive Committee.
(h)
Drafts of the minutes of each Executive Committee meeting
will be forwarded to each Executive Committee member for their review prior
to their consideration for adoption at an Executive Committee meeting.
(i)
The minutes of the Executive Committee shall be kept in
the office of the Executive Director and available to the public to examine
or to copy upon reimbursing the office for the cost to reproduce.
(j)
No proxies, members authorized to act on behalf of another,
at any Executive Committee meeting is permitted.
(k)
All documents submitted to and created by the Executive
Committee are subject to the provisions of the Public Information Act, Chapter
552 of the Government Code.
§256.8.Order of Business.
(a)
The Executive Director, working with the presiding officer,
shall prepare a written agenda for each Executive Committee meeting and arrange
to have a copy of the agenda distributed to each Executive Committee member.
(b)
Any Executive Committee member may place an item on the
Executive Committee's agenda by written request to the presiding officer at
least 10 days before the next Executive Committee meeting.
(c)
Conduct of Executive Committee meetings shall be guided
by Robert's Rules of Order, except that no Executive Committee action shall
be invalidated by reason of failure to comply with those rules.
(d)
Any person may request an appearance before the Executive
Committee for the purpose of making a presentation on a matter on the agenda
as posted in the
Texas Register
, provided
that at least 3 days' prior to the posted meeting a written request to appear
is made to the Executive Director who shall forward the request to the presiding
officer; however, the presiding officer may waive the 3-day notice requirement
if such action would best serve the public interest. The presiding officer
may deny a request to appear based on time constraints or other reasons, which,
in the presiding officer's opinion, warrant such denial. When practicable,
the presiding officer shall set a specific date and time to appear, and a
time limit may be imposed. The person requesting the appearance should state
in writing in reasonable detail the request to be made of the Executive Committee.
(e)
The Executive Committee will set aside a time on its agenda
for the receipt of public comment on any matter within the jurisdiction of
the agency. The Presiding Officer may limit the time for each commenter to
speak and exclude repetitious comments and comments not within the jurisdiction
of the agency.
§256.9.Committees.
(a)
Appointments to subcommittees shall be considered annually
by the Executive Committee's presiding officer to assist in carrying out the
functions of the office under the provisions of the office's enabling legislation.
Subcommittee appointments shall be made by the presiding officer for a term
of one year but may be terminated at any point by the presiding officer. Subcommittee
members may be re-appointed at the discretion of the presiding officer. The
office's presiding officer shall be an ex officio member of each subcommittee.
All committees shall comply with the requirements of the Open Meetings Act,
Chapter 551 of the Government Code.
(b)
The actions of the subcommittees are recommendations only
and are not binding until consideration and action by the Executive Committee
at a regularly scheduled meeting.
(c)
Subcommittee meetings shall be held at the call of the
subcommittee chair, and another member serving on the subcommittee shall make,
in the absence of the chair, a report to the Executive Committee at its next
regularly scheduled meeting.
(d)
If for any reason a vacancy occurs on a subcommittee, the
Executive Committee's presiding officer may appoint a replacement in accordance
with subsection (a) of this section.
(e)
An internal audit standing subcommittees shall be created.
(1)
The office's internal audit subcommittee shall be comprised
of at least two Executive Committee members, one of whom shall serve as chair.
(2)
The subcommittee shall make recommendations to the Executive
Committee regarding the hiring or appointment of the agency's internal auditor
and the subject matter of the agency audit.
(3)
The subcommittee shall make recommendations to the Executive
Committee on how best to address any findings of the internal auditor.
(f)
All advisory committees shall be created and function pursuant
to the requirements of Chapter 2110 of the Government Code.
(g)
All subcommittee members performing any duties utilizing
office facilities and/or who have access to office records, shall conform
and adhere to the office's personnel policies as described in its personnel
manual, the Public Information Act, Chapter 552 of the Government Code and
all other applicable laws of the State of Texas governing state employees.
§256.10.Independent Contractors.
The Executive Director may, from time to time, employ independent contractors,
including investigators and auditors to perform services prescribed by the
Executive Committee. The basis for compensation of independent contractors
shall be stated in the contract of employment.
§256.11.Confidentiality.
Members of the Executive Committee, the Executive Director, members
of the office staff, and independent contractors retained by the Executive
Committee shall not disclose any confidential information, which comes to
their attention, except as may be required by law.
§256.12.Duties of the Executive Director.
(a)
The Executive Director serves at the will of the Executive
Committee.
(b)
The Executive Director may hire staff within the guidelines
established by the Executive Committee.
(c)
The Executive Director will report to the Executive Committee
and keep it advised of the activities and responsibilities of the agency.
(d)
The Executive Director will be responsible for the day-to-day
operations of the agency.
§256.13.Invalid Portions.
If any subcategory, section, subsection, sentence, clause, or phrase
of these of these sections is for any reason held invalid, such decision shall
not affect the validity of the remaining portions of these sections. The Executive
Committee hereby declares that it would have adopted these subcategories,
sections, subsections, sentences, clauses or phrases thereof irrespective
of the fact that any one of more subcategories, sections, subsections, sentences,
clauses or phrases be declared invalid.
§256.14.Actions Requiring Executive Committee Approval.
(a)
The following reports are subject to approval, adoption
or ratification by the Executive Committee during a meeting of the Executive
Committee conducted pursuant to applicable state law:
(1)
The Strategic Plan required by Chapter 2056 of the Government
Code;
(2)
Pursuant to §106.026 of the Health and Safety Code,
the biennial: report to the legislature regarding the activities of the office;
(3)
Pursuant to §106.025 of the Health and Safety Code,
the status of the permanent endowment fund for the rural communities health
care investment program;
(4)
Pursuant to §487.057 of the Government Code, the Rural
Health Work Plan;
(5)
The legislative appropriation request to the Governor's
Office of Budget and Planning and the Legislative Budget Board;
(6)
Pursuant to §18 of HB 7, 77th Regular Legislative
Session, proposed legislative changes;
(7)
The annual Biennial Operating Plan, Budget and Financial
Report; and
(8)
The Consolidated State Plan and One-Year Action Plan pursuant
to 24 Code of Federal Regulations §570.485.
(b)
Pursuant to §487.052 of the Government Code the Executive
Committee has the exclusive authority to adopt rules for the implementation
of the statutory responsibilities of the office.
(c)
The appointment or removal of the office's internal auditor
is subject to the approval of the Executive Committee.
§256.15.Public Hearings.
(a)
Public hearings may be conducted by the Executive Committee
or by the Executive Director and office staff.
(b)
At least one public hearing will be conducted annually
to receive public comments from interested persons on the Consolidated Plan
or One-Year Action Plan pursuant to 24 Code of Federal Regulations §580.085
and each odd numbered year on the Rural Health Work Plan pursuant to §487.057
of the Government Code.
(c)
Notice of the public hearings will be published in the Texas Register
at least, seven days prior to the
scheduled hearing date and mailed written notice will be provided to all interested
persons providing a written request to the office to be: on a mailing list
to receive notice of office public hearings and to any other persons the office
believes to have an interest in the subject matter of the public, hearing.
(d)
Persons intending to offer comments at the public hearing
must register by providing their name, mailing address and the person or organization
they are representing.
(e)
In order to accommodate all persons intending to comment
the presiding officer may restrict the comments to a reasonable time limitation.
(f)
Persons with disabilities who plan to attend and/or comment
and require reasonable accommodations to observe, access or participate in
the proceeding shall make a request for a reasonable accommodation at least
two working days prior to the meeting.
(g)
A record will be made of the proceedings and therefore
all persons presenting comments will be recognized by the presiding officer
and must offer their comments from a podium with electronic amplification
where available.
(h)
The Executive Committee will provide interested persons
the opportunity to provide comments during a public comment period in accordance
with the Executive Committee's agenda and the provisions of §§256.1
- 256.15 of this Chapter.
(i)
Persons registered to comment will be recognized in an
order to be determined by the presiding officer. The presiding officer may
recognize the commenter's time limitations in assigning the order of appearance.
(j)
Written statements in lieu of verbal comments may be submitted.
It is preferred that written statements be included with verbal statements.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 21, 2005.
TRD-200502557
Charles S. (Charlie) Stone
Executive Director
Office of Rural Community Affairs
Earliest possible date of adoption: July 31, 2005
For further information, please call: (512) 936-6710