34 TAC §§12.51 - 12.54
The new subchapter is authorized under Government
Code, §2110.005, which provides that a state agency that creates
an advisory committee shall adopt rules related to state the purpose
and tasks of the committee and that describe the reporting requirements
of the committee.
The new subchapter implements Government Code, §490E.005,
which authorizes the comptroller to establish advisory committees
to assist the task force on economic growth and endangered species
in its work.
§12.51.Definitions.
The following words and terms, when used in this subchapter
shall have the following meanings, unless the context clearly indicates
otherwise.
(1) "Act" means Government Code, Chapter 490E, as adopted
by Senate Bill 2534, 81st Legislature, 2009.
(2) "Advisory committee" means an advisory committee
created pursuant to the Act.
(3) "Representatives of affected landowners" means a person:
(A) that owns a significant interest in real property
within the geographic area that is the focus of the advisory committee;
(B) an individual designated as a representative by
a person identified in subparagraph (A) of this paragraph; or
(C) an individual or individuals designated by an association
or organization that is known to represent the interests of persons
identified in subparagraph (A) of this paragraph.
(4) "Representatives of conservation interests" means
individuals with a significant interest in the preservation of natural
resources within the geographic area that is the focus of the advisory
committee.
(5) "Representatives of municipalities or other affected
jurisdictions" means individuals identified with or designated by
municipalities or other governmental entities any part of which is
within or contiguous to the geographic area that is the focus of the
advisory committee.
(6) "Task Force" means the interagency task force on
economic growth and endangered species created under the Act.
§12.52.Advisory Board Creation, Purpose and Composition.
(a) With the advice of the task force, the comptroller
may create advisory committees to assist the task force with its work.
The comptroller may prepare and provide to the task force an advisory
committee framework statement that identifies:
(1) the purpose and task of the advisory committee;
(2) the geographic area which will be the focus of
an advisory committee;
(3) proposed members to the advisory committee in accord
with subsection (b) of this section, identifying one of such members
to serve as interim presiding officer;
(4) the method and time for the advisory committee
to submit its recommendations to the comptroller and task force;
(5) timelines for the completion of work of the committee; and
(6) any other matter that the comptroller determines
to be necessary or appropriate.
(b) The comptroller shall propose members for the advisory
committee that provide the balance necessary to address economic,
environmental, and policy issues related to the specific issue or
action under consideration by selecting of the total number of committee
members:
(1) one-third of the members to be representatives
of affected landowners;
(2) one-third of the members to be representatives
of conservation interests; and
(3) one-third of the members to be representatives
of municipalities or other affected jurisdictions.
(c) The comptroller may prepare an advisory committee
framework with such amendments as deemed appropriate and send the
framework to each selected committee member as an appointment to serve
on the committee. The comptroller may amend the advisory committee
framework at any time.
(d) In the event of a permanent vacancy occurring on
the committee at any time, the comptroller may appointment a replacement
consistent with subsection (b) of this section.
§12.53.Meetings.
(a) The advisory committee is required to meet as often
as necessary to complete the work of the committee.
(b) Meetings shall be called by the advisory committee's
presiding officer.
(c) Meetings shall be subject to the requirements of
the Open Meetings Act.
§12.54.General Advisory Board Responsibilities.
(a) An advisory committee shall provide advice and
recommendations to the task force by identifying cost-efficient and
effective recommendations for economic development and Endangered
Species Act compliance in the geographic area designated in its framework.
(b) An advisory committee may provide advice and recommendations
to the task force regarding such other matters as designated in its
framework.
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-200902925
Martin Cherry
General Counsel
Comptroller of Public Accounts
Earliest possible date of adoption: August 30, 2009
For further information, please call: (512) 475-0387