PART 3. TEXAS COMMISSION ON THE ARTS
CHAPTER 31. AGENCY PROCEDURES
13 TAC §§31.1 - 31.5, 31.8, 31.10
The Texas Commission on the Arts (Commission) proposes
to amend Chapter 31, §§31.1 - 31.5, 31.8, and 31.10, concerning
Agency Procedures.
The purpose of the proposed amendments is to ensure consistent
use of language throughout Title 13, Part 3 of the Texas Administrative Code.
Gary Gibbs, Executive Director, Texas Commission on the Arts, has
determined that, for the first five-year period the amendments are
in effect, there will be no fiscal implications for state or local
government as a result of enforcing the amendments as proposed.
Mr. Gibbs also has determined that, for each year of the first
five years the proposed amendments are in effect, the public benefit
anticipated as a result of enforcing the amendments will be the clarification
of agency programs thereby allowing more Texas organizations, communities,
and citizens to access agency information. There is no anticipated
economic cost to persons who are required to comply with the amendments
as proposed. There will be no effect to small or micro businesses.
Comments on the proposal may be submitted to Gaye Greever McElwain,
Texas Commission on the Arts, P.O. Box 13406, Austin, Texas 78711-3406.
Comments will be accepted through 5:00 p.m. on August 14, 2009.
The amendments are proposed under the Government Code, §444.009,
which provides the Texas Commission on the Arts with the authority
to make rules and regulations for its government and that of its officers
and committees.
No other statutes, articles, or codes are affected by this proposal.
§31.1.Purpose.
The Commission [
§31.2.Officers.
(a) The officers of the Commission [
(b) The Chair shall be appointed by the Governor of Texas.
(c) Two members of the Commission shall be residents
of a county with a population of less than 50,000.
(d) All officers shall be elected from the membership
of the Commission [
(e) Election of officers shall be held annually
at the first meeting of the fiscal year. Newly elected officers will
assume their positions immediately. [
(f) Should an officer resign, the Chair [
(g) The Chair [
(h) No member shall hold more than one office at a time.
(i) No member shall serve more than two consecutive
full terms in any one office.
(j) The Chair shall serve at the pleasure of the Governor.
§31.3.Meetings.
(a) The Commission [
(b) The Chair [
(c) The Chair [
(d) One-third of the members of the Commission [
(e) No proxies are permitted at any meeting of the Commission [
(f) At least 10 days prior to regular meetings, the
staff shall furnish the members with necessary materials.
§31.4.Committees.
(a) All committee chairs [
(b) The term of all committee memberships shall be
until the next Commission [
(c) All vacancies on any committee shall be filled
by the Chair [
(d) The Chair [
(e) A quorum at each committee meeting shall consist
of one-half of its members.
(f) [
(1) The [
(2) The [
(3) The [
(4) The [
(5) The Officer Nominating Committee shall consist
of three members, the committee chair [
(g) [
§31.5.Staff.
(a) Within the policies and guidelines established
by the Commission [
(b) No employee of the Commission [
(c) The term "employee" as used in this section is
not deemed to include consultants or advisors to the
Commission [
§31.8.Travel.
(a) All staff travel must have prior approval of the
Executive Director [
(b) All travel by the Commissioners [
§31.10.Grant [
The Commission [
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 July 17, 2009.
TRD-200902919
Gary Gibbs, Ph.D.
Executive Director
Texas Commission on the Arts
Earliest possible date of adoption: August 30, 2009
For further information, please call: (512) 936-6562
13 TAC §31.6, §31.9
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in
the offices of the Texas Commission on the Arts or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street,
Austin, Texas.)
The Texas Commission on the Arts (Commission)
proposes to repeal Chapter 31, §31.6, concerning Required Advisory
Panel Meetings and Required Advisory Panel Member Resignation upon
Relocation Out-of-State, and §31.9, concerning Parliamentary
Authority.
The purpose of the proposed repeals is to be consistent with changes
to programs and services of the Commission as outlined in the Guide
to Programs and Services as amended July 2009 in §35.1.
Gary Gibbs, Executive Director, Texas Commission on the Arts, has
determined that, for the first five-year period the repeal is in effect,
there will be no fiscal implications for state or local government
as a result of enforcing the amendment as proposed.
Mr. Gibbs also has determined that, for each year of the first
five years the proposed repeal is in effect, the public benefit anticipated
as a result of enforcing the amendment will be the clarification of
agency programs thereby allowing more Texas organizations, communities,
and citizens to access agency information. There is no anticipated
economic cost to persons who are required to comply with the repeal
as proposed. There will be no effect to small or micro businesses.
Comments on the proposed repeal may be submitted to Gaye Greever
McElwain, Texas Commission on the Arts, P.O. Box 13406, Austin, Texas
78711-3406. Comments will be accepted through 5:00 p.m. on August
14, 2009.
The repeal is proposed under the Government Code, §444.009,
which provides the Texas Commission on the Arts with the authority
to make rules and regulations for its government and that of its officers
and committees.
No other statutes, articles, or codes are affected by this proposal.
§31.6.Required Advisory Panel Meetings and Required Advisory Panel Member Resignation upon Relocation Out-of-State.
§31.9.Parliamentary Authority.
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 July 17, 2009.
TRD-200902920
Gary Gibbs, Ph.D.
Executive Director
Texas Commission on the Arts
Earliest possible date of adoption: August 30, 2009
For further information, please call: (512) 936-6562
13 TAC §32.1
The Texas Commission on the Arts (Commission) proposes
the amendment of §32.1, concerning Memoranda of Understanding.
The purpose of the proposed amendment is to ensure consistent use
of language throughout Title 13, Part 3 of the Texas Administrative Code.
Gary Gibbs, Executive Director, Texas Commission on the Arts, has
determined that, for the first five-year period the amendment is in
effect, there will be no fiscal implications for state or local government
as a result of enforcing the amendment as proposed.
Mr. Gibbs also has determined that, for each year of the first
five years the proposed amendment is in effect, the public benefit
anticipated as a result of enforcing the amendment will be the clarification
of agency programs thereby allowing more Texas organizations, communities,
and citizens to access agency information. There is no anticipated
economic cost to persons who are required to comply with the amendment
as proposed. There will be no effect to small or micro businesses.
Comments on the proposal may be submitted to Gaye Greever McElwain,
Texas Commission on the Arts, P.O. Box 13406, Austin, Texas 78711-3406.
Comments will be accepted through 5:00 p.m. on August 14, 2009.
The amendment is proposed under the Texas Government
Code, §444.009, which provides the Texas Commission on the Arts
with the authority to make rules and regulations for its government
and that of its officers and committees.
No other statutes, articles, or codes are affected by this proposal.
§32.1.Memoranda of Understanding.
(a) The Commission [
(b) The Commission [
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 July 17, 2009.
TRD-200902921
Gary Gibbs, Ph.D.
Executive Director
Texas Commission on the Arts
Earliest possible date of adoption: August 30, 2009
For further information, please call: (512) 936-6562
13 TAC §35.1
The Texas Commission on the Arts (Commission) proposes
the amendment of §35.1, concerning a Guide to Programs and Services.
The purpose of the proposed amendment is to be consistent with
changes to programs and services of the Commission as revised July 2009.
Gary Gibbs, Executive Director, Texas Commission on the Arts, has
determined that, for the first five-year period the amendment is in
effect, there will be no fiscal implications for state or local government
as a result of enforcing the amendment as proposed.
Mr. Gibbs also has determined that, for each year of the first
five years the proposed amendment is in effect, the public benefit
anticipated as a result of enforcing the amendment will be the clarification
of agency programs thereby allowing more Texas organizations, communities,
and citizens to access agency information. There is no anticipated
economic cost to persons who are required to comply with the amendment
as proposed. There will be no effect to small or micro businesses.
Comments on the proposal may be submitted to Gaye Greever McElwain,
Texas Commission on the Arts, P.O. Box 13406, Austin, Texas 78711-3406.
Comments will be accepted through 5:00 p.m. on August 14, 2009.
The amendment is proposed under the Texas Government
Code, §444.009, which provides the Texas Commission on the Arts
with the authority to make rules and regulations for its government
and that of its officers and committees.
No other statutes, articles, or codes are affected by this proposal.
§35.1.A Guide to Programs and Services.
The Commission [
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 July 17, 2009.
TRD-200902922
Gary Gibbs, Ph.D.
Executive Director
Texas Commission on the Arts
Earliest possible date of adoption: August 30, 2009
For further information, please call: (512) 936-6562
commission] shall carry
out the purpose prescribed by law to the Texas Commission on the Arts.
commission
] shall be a chair [chairman], (the immediate
past Chair [chairman] if still a member of the
Commission [commission]), a vice chair [
chairman], a secretary, a treasurer, and a parliamentarian.
These officers shall perform the functions prescribed by law or assigned
them by the Commission [commission] from time
to time and shall perform all functions customarily performed by such
officer.
commission
] for a one-year term.
at the regular June
meeting of each year and will take office the following September.]
chairman
] will appoint a successor.
chairman] shall
preside at all meetings of the Commission [commission].
If the Chair [chairman] is unavailable, the
vice chair [chairman] shall act in the Chair's stead.
commission]
shall hold at least four regular business meetings annually[,
normally in September, December, March, and June
]. A majority of the Commissioners [commissioners
] will set the date of regular meetings. [Grant applications submitted to
the commission will normally be considered at its June meeting.]
chairman], Executive
Committee [executive committee], or a majority of
the Commissioners [commissioners] may call a
special meeting of the Commission [commission]
at any time by giving at least one week's notice to all Commissioners [
commissioners].
chairman] or a
majority of the Commissioners [commissioners]
will designate the place of all meetings.
commission] shall constitute a quorum and whenever a majority
vote of the Commission [commission] is required,
this is deemed to mean a majority of those members present at a meeting
having a quorum.
commission].
chairmen],
with the exception of the chairs [chairmen]
of the Grants and Services Committee and the Finance Committee, and
committee members shall be appointed by the Commission Chair [
commission chair].
commission] meeting
following the termination of the term of the Chair [chair
] who appointed them, or such earlier date as the Chair [chair
] may designate, or until their replacement has been named.
chair].
chair] shall be
an ex officio member of each committee.
[(f) Summary minutes will be kept
of all standing committee meetings, copies of which shall be distributed
to all commission members within 30 days after the meeting.]
(g)] The standing committees shall be the following.
the] Executive Committee
is made up of the Chair [chair], vice chair,
secretary, treasurer, parliamentarian, and two members at large appointed
at the pleasure of the Chair [chair]. The committee
may recommend to the Commission [commission]
policies and guidelines and may work with the Executive Director [
executive director] in developing and implementing such policies.
the] Finance Committee
shall consist of at least three members, and be chaired by the treasurer.
The committee may recommend to the Commission [
commission] financial policies and guidelines and may work with the
Executive Director [executive director
] in developing and implementing such policies [
and shall conduct an annual review and evaluation
of commission activity and develop and control internal operating
budgets].
the] Grants and Services
Committee shall consist of at least three members and shall [
review, with assistance from the staff and advisory panels, applications submitted
to the commission and then] make recommendations to the Commission
regarding grant awards [commission]. The vice chair
of the Commission [commission] shall serve as
the chair [chairman] of this committee. [The
committee shall recommend to the commission grant submission criteria.
Funding is approved contingent upon the submission of appropriate
documentation and final approval by the Executive Director or his
designee(s). Funding will occur on or after September 1 of every year.]
the] Legislative Committee
is a committee of the whole of the Commission [commission
] with a designated chair. This committee shall be responsible
for the implementation [development and initial approval]
of legislative approaches and strategies of the Commission. [
commission. Reports and recommendations will be presented to the commission.]
chairman]
to be appointed by the Commission Chair [commission chair
] and the other two members to be selected at large by the
Commission [commission]. The committee shall
select a slate of nominees to serve as officers of the Commission [
commission] and shall recommend this slate of nominees to the
Commission [commission at its quarterly meeting in June].
(h)] Special committees
may be appointed from time to time by the Chair [chair]
who shall designate the duties and term of such committees.
commission], the
Executive Director [executive director
] shall have the responsibility
to develop programs, employ staff, and to carry out operations. The
Executive Director [executive director] shall be
an ex officio member of all Commission [commission]
committees except the Officer Nominating Committee.
commission
] shall accept any office, employment, or position on any committee,
governing board, or other position of possible influence, authority,
or responsibility with any organization connected with the arts, whether
with or without compensation, without the prior consent of the
Executive Director [executive director] and the
Commission [commission]. No employee of the
Commission [commission
] shall accept any honorarium or other remuneration for services
rendered to any arts organization, nor own any interest in any arts
organization or engage in any business or enterprise connected with
the arts without the prior consent of the Executive Director [
executive director] and the Commission [commission].
It is anticipated that consent to any such outside activity will not
be granted in the event the organization is one which is eligible
to be a grantee of the Commission [commission]
or which is affiliated with one or more organizations which are eligible
to be grantees of the Commission [commission].
commission
] who are engaged on a contractual basis from time
to time to advise the Commission [commission]
on limited, specific matters.
executive director
] or his designee.
commissioners
] (other than to and from Commission [commission]
and committee meetings) must be approved by the Chair [
chairman].
Financial Assistance] Application Form.commission] adopts by
reference application forms and instructions for the Grant [
Financial Assistance] Application Form as outlined in A
Guide to Programs and Services as amended July 2009 [A
Guide to Operations, Programs, and Services as amended December 2003].
This document is published by and available from the Texas Commission
on the Arts, P.O. Box 13406, Austin, Texas 78711.
CHAPTER 32. MEMORANDA OF UNDERSTANDINGTexas Commission
on the Arts (TCA)] shall enter into Memorandum of Understanding
(MOU) agreements as outlined in §444.030 of the Texas Government Code.
TCA] may
enter into additional MOU agreements with other state agencies and/or
partners. MOU agreements may result from Legislation or be initiated
by the Commission for the purpose of furthering the agency's mission
and goals.
CHAPTER 35. A GUIDE TO PROGRAMS AND SERVICEScommission] adopts by
reference A Guide to Programs and Services (revised
July 2009 [October 2008
]). This document is published by and available
from the Texas Commission on the Arts, P.O. Box 13406, Austin, Texas
78711. This document is also available online at www.arts.state.tx.us.
CHAPTER 37. APPLICATION FORMS AND INSTRUCTIONS FOR FINANCIAL ASSISTANCE