40 TAC §2547 .5, §254.7
The Texas Department on Aging adopts amendments to §254.5,
concerning the Texas Board on Aging and §254.7, concerning Advisory
Committees with changes to the text of both rules as proposed in the September
19, 1997, issue of the
Texas Register
(22
TexReg 9449).
The amendments were adopted in order to establish new policies and guidelines
relating to the composition and functioning of advisory councils established
by the Texas Board on Aging.
The amended sections will better maximize the participation and input from
local advisory committees, restructures the Citizen's Advisory Council (CAC)
membership and functions, and establishes new procedures for the Texas Board
on Aging to evaluate the effectiveness and cost efficiency of all advisory
councils at the end of each year and act on their continuation or abolishment.
Comments to the proposed amendments to §§254.5 and 254.7 were
received from the Area Agency on Aging of North Central Texas, the Area
Planning Advisory Council to the Houston/Harris County Area Agency on Aging,
the Heart of Texas Area Agency on Aging, and one individual. In §254.5(8)
guidelines for the voting membership for any one Citizen's Advisory Council
meeting was clarified in response to a comment received. In§254.7 implied
(a), a change to the wording from "appoint" to "establish" was made and
a sentence regarding committee members serving at the pleasure of the Board
was deleted in order to clarify the role of the Board. In §254.7(2)(C)
a change was made to correct references to §254.5 due to the renumbering
of the adopted rule.
A summary of the comments received are as follows:
Comment: One commenter believes that in §254.5(8) ". . . automatically
designating the local committee chair as the Citizens Advisory Committee
(CAC) representative is problematic . . ." The commenter stated concerns
that this would significantly expand the physical demands, time commitment
and financial commitment associated with chairing the local advisory committee
and that it may make it more difficult to recruit and retain a chairperson.
The commenter expressed concerns about local chairpersons being able to
coordinate schedules to attend all CAC meetings and the difficulty of attending
out-of-region meetings if no reimbursement is available. The commenter stated
that "The problem with tying the local chair position to membership on the
CAC is that chairs may be selected on the basis of physical, time or financial
considerations that are not critical for effective leadership at the local
level."
Agency Response: The rule allows a local committee chair to designate
another person to attend any meeting in his/her place, which would eliminate
undue pressure on any individual to attend.
Comment: The commenter asked for clarification to §254.5(8) regarding
the rule stating that committee membership ". . .shall not exceed 24 . .
." but then saying " . . .shall be composed of the chair of the advisory
council of each of the twenty-eight planning and service areas of the State
or their designee."
Agency Response: The department concurs and has added the following text
to clarify the department's intent: "The voting membership of the CAC for
any one meeting shall consist of the first twenty-four local advisory council
chairs or their designees to register their attendance and be participants
at a CAC meeting. The remaining four shall serve as alternates for that
meeting."
Comment: A commenter recommended deleting the date 1994 in §254.5(9)
as it no longer serves a purpose.
Agency Response: This portion of the rule, which refers to the Options
for Independent Living Advisory Committee, is not proposed for revision
at this time. Changes to 254.5(9) will be addressed at a future time.
Comment: Two commenters asked for clarification to §254.5(11) and
(12) regarding whether "advisory councils" means the Citizen's Advisory
Council (CAC) or all councils and committees.
Agency Response: In this case, "advisory councils" refers to all advisory
committees.
Comment: One commenter considered the statement in §254.7 implied
(a) "All members of advisory councils and committees shall serve at the
pleasure
of the Board" in conflict with the manner in which members are appointed
to the Citizens Advisory Council (CAC). The commenter believes that the Board
would have to negotiate with the Agency Planning and Advisory Council (APAC)
why their representative could not serve on the CAC. The commenter believes
the purpose of APAC appointing a representative to serve on the CAC assures
that the representative clearly represents them and does not give the appearance
of being influenced and under the control of the Board.
Agency Response: The department concurs and the wording will now read as:
"The Board shall establish advisory councils and/or committees..." and, the
sentence, "All members of advisory councils and committees shall serve at
the pleasure of the Board" has been eliminated.
Comment: One commenter was confused regarding the dates on §254.7(1)(A)
and believes 1, 2001 to be a whole number.
Agency Response: There is no such number as 1,2001. The rule clearly is
referring to the dates September 1, 2001. No change is necessary.
Comment: A commenter questioned if §254.7(1)(C) would allow the local
Citizen's Advisory Council (CAC) chair to designate the area agency director
as a voting member even though the director is not a member of the local
CAC.
Agency Response: No. The intent of this rule is that CAC members will be
members of local advisory councils.
Comment: One commenter was in favor §254.7(1)(E) regarding the local
CAC appointing its own representative to the State CAC through the provision
stating that members shall be made up of chairs of local advisory councils
or their designees.
Agency Response: The department concurs. No change necessary.
Comment: A commenter did not understand why the Options for Independent
Living Advisory Committee is entitled to reimbursement for transportation
and per diem as stated in §254.7(2)(G) and the CAC is not as stated
in §254.7(1)(D). The commenter believes that this influences attendance
at CAC meetings and effects the perceived importance of the CAC to the Board.
Agency Response: The portion of rule that refers to the Options for Independent
Living Advisory Committee is not being addressed at this time. It is anticipated
that revisions to the rules relating to this advisory committee will be
addressed at some future time.
Comment: A commenter was in favor of §254.7(1)(E) regarding members
of the CAC appointing their own chair and vice chair.
Agency Response: The department concurs. No change necessary.
Comment: A commenter recommended deleting the sentence "The committee will
function from February 10, 1994, to February 10, 1998" in §254.7(2)(B).
The commenter also recommended editing the last sentence to replace "after
this date" with "each year."
Agency Response: The portion of rule that refers to the Options for Independent
Living Advisory Committee is not being addressed at this time. It is anticipated
that revisions to the rules relating to this advisory committee will be
addressed at some future time.
Comment: A comment was made regarding a reference in the rule to §254.5
(10) in §254.7(2)(C) needing to read as §254.5(9) because of proposed
changes and renumbering in §254.5.
Agency Response: The reference of §254.5(10) refers to §254.5
as the rule was currently in effect at the time of the proposed amendments.
A non-substantive change to the reference has been made to reflect the numbering
change in §254.5 as adopted.
Comment: A commenter wanted to know if there is any such thing as an excused
absence from the CAC. And if there is, what would the procedure be, i.e.
excused by a majority vote of the committee?
Agency Response: With each local advisory committee chair being able to
appoint a designee, the department does not anticipate that there will be
a necessity for excused absences.
The amendment sections are adopted under the Human Resources
Code, Title 6, Chapter 101, §101.021 which authorizes the board to
adopt rules governing the functions of the agency, and Texas Civil Statutes,
Article 6252-33, §5 which requires a state agency that is advised by
an advisory committee to adopt rules that (1) state the purpose of the committee;
and (2) describe the task of the committee and the manner in which the committee
will report to the agency.
The Human Resources Code, Title 6, Chapter 101, relating to the operation
of the Texas Department on Aging, is affected by this action.
§254.5.The Texas Board on Aging.
The Texas Board on Aging, hereinafter referred to as the Board, carries
out the functions prescribed by Senate Bill 2, Chapter 599, §1 (Human
Resources Code, Chapter 101), as herein described and detailed.
(1)
Composition. The Board shall be composed of nine members
appointed by the governor, with the advice and consent of the senate. Each
member must have demonstrated an interest in and knowledge of the problems
of aging. Eligibility and restrictions of the appointees are described in
Human Resources Code, §101.001 and §101.0031.
(2)
Terms. Members are appointed to serve for terms of
six years. Such terms will be staggered so that the terms of three members
expire every two years. A member may be reappointed to the Board.
(3)
Chairman of the Board. The governor shall appoint
a chairman who will direct the work of the Board. The chairman shall serve
at the pleasure of the governor.
(4)
Compensation. Members of the Board may receive the
compensatory per diem authorized by the General Appropriations Act for each
day spent engaged in the performance of their official duties. Board members
are entitled to reimbursement for actual travel expenses incurred in the
performance of their duties.
(5)
Entitlements. The chairman and Board members may be
entitled, during their tenure, to participate in the Uniform Group Insurance
Program of Texas and such other programs that may be provided by law.
(6)
Meetings. The Board will conduct meetings in accordance
with the following instructions.
(A)
Scheduling. The Board shall hold quarterly meetings and
may hold any additional meetings as deemed necessary by the chairman. The
chairman shall set the dates and locations of all meetings; however, at least
one meeting shall be held annually in Austin, Texas. The chairman shall give
notice to the executive director so that the members may have notice no less
than three weeks in advance of the regular meeting. Special and emergency
meetings may be held in response to a call of the chairman or a majority
of the members at any time by giving one week's notice to all members. All
meetings will be governed by Robert's Rules of Order, open to the public
and conducted in accordance with Texas Civil Statutes, Article 6252-17.
(B)
Agenda. The chairman, with the assistance of the executive
director, shall prepare and submit to each member prior to each meeting a
listing of subjects to be considered by the Board. The agenda shall provide
an opportunity for citizens to address the Board on any item of business
included on the agenda. Notice of date, time, place, and the agenda shall
be posted publicly and published in the Texas Register as required by law.
(C)
Quorum. Five of the members of the Board shall constitute
a quorum, and when a majority vote is required, this is deemed to mean a
majority of those members present at a meeting having a quorum. The chairman
shall vote only to break a tie.
(D)
Attendance. It is a ground for removal from the Board if
a member is absent for more than half of the regularly scheduled Board meetings
that the member is eligible to attend during each calendar year, except when
the absence is excused by majority vote of the Board, and then the matter
shall be reported by the chairman to the governor.
(E)
Proxies. No proxies shall be permitted at any meeting of
the Board.
(F)
Minutes. The proceedings of all meetings shall be duly
recorded. Copies of the minutes shall be forwarded to each member for review
and comments or corrections prior to approval at a subsequent meeting. The
approved minutes shall be the "official" minutes and will be kept at the
Department on Aging's offices and shall be open for inspection by the public.
(7)
Executive director. The Board shall appoint an
executive director on aging who shall discharge all executive and administrative
functions of the Department. The executive director shall serve at the pleasure
of the Board. Unless otherwise specified in these rules, or by order of
the Board, all rights, powers, and duties of the Board may be delegated to
the executive director.
(8)
Composition of advisory committees. The Board shall
appoint members to advisory councils as may be required. All advisory committees
appointed by the Board shall be composed of a reasonable number of members
and shall not exceed 24 members. The Citizens Advisory Council (CAC) shall
be composed of the chair of the advisory council of each of the twenty-eight
planning and service areas of the State or their designee. The voting membership
of the CAC for any one meeting shall consist of the first twenty-four local
advisory council chairs or their designees to register their attendance
and be participants at a CAC meeting. The remaining four shall serve as
alternates for that meeting.
(9)
Options for Independent Living Committee. This committee
shall be appointed by the Board and include, but not be limited to, consumers,
family caregivers, social workers, case managers, area agency on aging representatives,
hospital discharge planners, hospital administrators, home health agency
representatives, nurses and physicians. Membership shall be appointed by
the Board on Aging at its first meeting of the calendar year 1994. The Board
shall appoint as many members as the Board considers necessary, up to a
maximum number of 24 members, with balanced representation of each membership
category. A complete description of the duties and responsibilities of this
committee is contained in §254.7(2) of this title (relating to Options
for Independent Living Advisory Committee).
(10)
Amendments. These rules may be amended by the Board
at any regular or special meeting, provided a copy of the proposed amendments
are furnished each Board member 21 days prior to the date of the meeting
at which the amendments are to be considered.
(11)
Reimbursement of Advisory Council members' expenses.
The Texas Board on Aging shall request authority to reimburse the expenses
of its advisory council members through the appropriations or budget execution
process.
(12)
Evaluation of councils. The Board shall evaluate
the effectiveness and cost efficiency of the advisory councils at the end
of each year and act on their continuance or abolishment at the end of the
second year of each biennium.
§254.7.Advisory Councils
The Board of the Department shall establish advisory councils and/or
committees as required by law or needed to accomplish a specific task for
the Department. All members of advisory councils and committees shall serve
at the pleasure of the Board.
(1)
Citizens Advisory Council.
(A)
Duration. The Council shall function from September 1,
1997, to September 1, 2001. The Citizens Advisory Council shall continue
after this date by an affirmative vote of the Texas Board on Aging. The
Citizens Advisory Council (CAC) shall be evaluated at the end of each year.
The CAC may be abolished prior to September 1, 2001, if the Board's evaluation
determines it has not performed in an efficient and effective manner.
(B)
Purpose. It shall be the purpose of the Citizens Advisory
Council to advise the Texas Board on Aging of the following:
(i)
advise the Board of the local needs and concerns on behalf
of the elderly of their communities;
(ii)
identify rural issues relating to their areas of the State;
(iii)
identify urban issues relating to their areas of the
State;
(iv)
participate in advocacy on behalf of the elderly of the
State; and
(v)
review area plans of the 28 area agencies on aging for
a statewide plan development.
(C)
Composition. The Citizens Advisory Council (CAC) is composed
of the chair of the advisory council of each of the twenty-eight planning
and service areas of the State or their designee. The voting membership of
the CAC for any one meeting shall consist of the first twenty-four local
advisory council chairs or their designees to register their attendance and
be participants at a CAC meeting. The remaining four shall serve as alternates
for that meeting.
(D)
Compensation. Citizen's Advisory Council members shall
serve without compensation.
(E)
Presiding officer of the council. The CAC shall select
a chair and vice-chair at the first meeting of the fiscal year who shall
preside at all meetings. In the event the chair of the advisory council is
unable to preside at a scheduled meeting, the vice-chair will preside. The
chair and vice-chair shall be selected for terms of one year and may be re-selected
up to a total of three years.
(F)
Meetings. Meetings of the advisory council will be governed
by the following.
(i)
Scheduling. The council shall hold meetings quarterly and
may hold any additional meetings as deemed necessary by the chair in coordination
with the executive director. The chair shall set the dates and locations
of all meetings; however, at least one meeting shall be held annually in
Austin, Texas. The chair shall give notice to the executive director so that
the members may have notice no less than three weeks in advance of the regular
meeting. Special and emergency meetings may be held in response to a call
of the chair or a majority of the members at any time by giving one week's
notice to all members. All meetings will be governed by Roberts Rules of
Order, open to the public and conducted in accordance with the Texas Government
Code, Chapter 551.
(ii)
Agenda. The chair, with the assistance of the executive
director, shall prepare and submit to each member prior to each meeting
a listing of subjects to be considered by the council. The agenda shall
provide an opportunity for citizens to address the council on any item of
business included on the agenda. Notice of date, time, place, and the agenda
of the meeting shall be posted publicly and published in the
Texas Register
as required by law.
(iii)
Quorum. One-half of the members of the council shall
constitute a quorum, and when a majority vote is required, this is deemed
to mean a majority of those members present in person or by telephone at
a meeting having a quorum. The chair shall vote only to break a tie.
(iv)
Minutes. The proceedings of all meetings shall be duly
recorded. Copies of the minutes shall be forwarded to each member for review
and comments or corrections prior to approval at a subsequent meeting. The
approved minutes shall be the official minutes and will be kept at the department
offices and shall be open for inspection by the public.
(v)
Attendance. In the event a member shall fail to attend
scheduled meetings of the Citizens Advisory Council over the period of four
quarters, such member shall be deemed to have resigned de facto, and after
due inquiry by the chairperson of the council as to reasons for such absences,
the matter shall be reported by the chair of the advisory council to the
Board.
(vi)
Proxies. No proxies or local advisory council chairs or
their designees shall be permitted at any meeting of the advisory council.
(G)
Evaluation. The agency shall annually evaluate the committee's
work, the committee's usefulness, and the costs related to the committee's
existence, including the cost of agency staff time spent in support of the
committee's activities. A report shall be made to the Board at the end of
each year to justify the continuation of the Council for the next two-year
period as required by Texas Civil Statutes, Article 6252, as added by Senate
Bill 383, 73rd Legislature, 1993. The information developed in the evaluation
shall be reported to the Legislative Budget Board biennially in connection
with the agency's request for appropriations.
(H)
Amendments. The council may propose amendments to the Board
on these rules at any regular or special meeting. A copy of the proposed
amendments shall be furnished each Board member 21 days prior to the date
of the meeting at which the amendments are to be considered.
(2)
Options for Independent Living Advisory Committee.
(A)
Establishment of an advisory committee. An advisory committee
shall be established, to be known as the Options for Independent Living Advisory
Committee.
(B)
Purpose. The Options for Independent Living Advisory Committee
shall advise and make recommendations to the staff, executive director,
and Board of the Department on matters pertaining to the implementation
and administration of the Options for Independent Living Program established
by the Human Resources Code, Chapter 101, Subchapter C, as a result of the
Acts of the 71st Legislature. The matters upon which the committee shall
advise and make recommendations include funding allocations for the Options
program, reviewing proposals for Options grant awards, evaluation of Options
projects, or other matters that may need to have Board approval, on an as-needed
basis as determined by the Department staff, executive director, or the
Board. Written recommendations and reports will be provided by the committee
to the Department staff and executive director. The committee will function
from February 10, 1994, to February 10, 1998. The committee shall continue
after this date by an affirmative vote of the Texas Board on Aging.
(C)
Membership and structure. The committee members shall
be appointed by the Board on Aging and shall conform to the specifics detailed
in §254.5(9 ) of this title (relating to Selection Criteria). A member's
term consists of two years, commencing upon the date of appointment by the
Board on Aging. Members' terms of service shall be no more than two consecutive
two-year terms.
(i)
Subcommittees. The committee may create any ad hoc subcommittees
it deems necessary to fulfill its duties. Subcommittees shall be appointed
by the chair with the advice and consent of the Department/committee membership.
These subcommittees may include persons who are not members of the committee.
(ii)
Appointment of subcommittee chairs. The committee chair
shall appoint the chairs of these subcommittees. Subcommittee chairs must
be committee members.
(D)
Meeting and voting.
(i)
Meetings. The advisory committee shall hold meetings on
an as-needed basis, as determined by the Department staff and executive
director, with the advice of the chairman. All members shall be advised
of all meetings
in writing at least ten days prior to meeting dates.
(ii)
Special meetings. Special and emergency meetings may be
held in response to a call of their chair or a majority of the members at
any time by giving seven days' notice to all members.
(iii)
Agenda. The chair, with the assistance of the Department,
shall prepare and submit to each member prior to each meeting a listing of
subjects to be considered by the committee.
(iv)
Quorum. One-half of the members of the committee shall
constitute a quorum, and when a majority vote is required, this is deemed
to mean a majority of those members present at the meeting having a quorum.
The chair, or the vice-chair when presiding for the chair, shall vote only
to break a tie.
(v)
Minutes. The proceedings of all meetings shall be duly
recorded. Copies of the minutes shall be forwarded to each member for review
and comments or corrections prior to approval at a subsequent meeting. The
approved minutes shall be the official minutes and will be kept at the offices
of the Texas Department on Aging and shall be open for inspection by the
public.
(vi)
Attendance. In the event a member, other than a legislator,
shall fail to attend three consecutive, regularly scheduled meetings of the
committee, such member shall be deemed to have resigned from the committee.
(vii)
Proxies. No proxies shall be permitted at any meeting
of the committee. A legislative member of the committee may be represented
by a member of his or her staff, at any meeting, and is exempted from the
attendance requirement.
(viii)
Rules of order. Rules contained in Roberts Rules of
Order, Revised, shall govern the committee in all cases to which they are
applicable and in which they are not inconsistent with these rules.
(E)
Officers. The officers of the committee shall consist of
a chair and a vice-chair and shall be selected from and by the members of
the committee at the first regular meeting. Thereafter, the chair and vice-chair
shall be selected by the committee as terms expire or vacancies are otherwise
created.
(i)
Duties. Each officer shall be expected to fulfill the assigned
duties and other appropriate duties requested by the committee, as follows:
(I)
Chair:
(-a-)
preside at meetings;
(-b-)
coordinate the agenda of committee meetings;
(-c-)
act as spokesperson for the committee;
(-d-)
appoint subcommittee members as needed;
(-e-)
appoint subcommittee chairs; and
(-f-)
perform other duties as requested by the committee.
(II)
Vice-chair:
(-a-)
preside at meetings in absence of chair;
(-b-)
cooperate with the chair in the administration of
the committee;
(-c-)
assume all duties and responsibilities of the chair
in the event that the chair is unable to serve; and
(-d-)
assume additional duties as requested by the committee.
(ii)
Terms. The committee chair and vice-chair shall both serve
two-year terms. If one of these positions becomes vacant before the end
of the term, the committee shall select another member to complete the unexpired
term.
(F)
Amendments. The bylaws of the committee may be amended
by the affirmative vote of at least two-thirds of the members present at
any regular or special meeting of the committee, subject to written notice
to all members, setting forth the amendments to be considered, at least 30
days prior to said meeting. The proposed amendments must then go through
the rulemaking process as required by the Administrative Procedure Act.
(G)
Compensation. Committee members shall serve without compensation
but are entitled to reimbursement for transportation and the per diem allowance
for state employees in accordance with the General Appropriations Act.
(H)
Public participation. In accordance with state statutes,
each regular meeting will be posted in the Texas Register no later than
eight days before the scheduled meeting.
(I)
Annual evaluation. The committee shall conduct an annual
evaluation of its work, its usefulness, and the costs related to the committee's
existence, including the cost of agency staff time spent in support of the
committee's activities. Department staff shall provide the cost information
to the committee for its consideration in the self-evaluation.
This agency hereby certifies that the adoption
has been reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Issued in Austin, Texas, on December 23, 1997.
TRD-9717166
Mary Sapp
Executive Director
Texas Department on Aging
Effective date: January 12, 1998
Proposal publication date: September 19, 1997
For further information, please call: (512) 424-6840