10 TAC §1.10
The Texas Department of Housing and Community Affairs (TDHCA)
proposes new §1.10 to establish procedures for hearing public comments
on issues being presented at meetings open to the public held by the Texas
Department of Housing and Community Affairs. The new section is necessary
to comply with §2306.032 of the Texas Government Code, as added by SB
322, 77th Session of the Texas Legislature.
Ruth Cedillo, Acting Executive Director, has determined that for the first
five-year period the section is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
rule.
Ms. Cedillo also has determined that for each year of the first five years
the section is in effect, the public benefit anticipated as a result of enforcing
the section will be an opportunity to participate in the decision making process
of the board. There will be no effect on persons, small businesses or micro-businesses.
There are no anticipated economic costs to persons, small businesses or micro-businesses
who are required to comply with this section, as proposed. The proposed section
will not have an impact on any local economy.
Comments may be submitted to Anne O. Paddock, Deputy General Counsel, Texas
Department of Housing and Community Affairs, P.O. Box 13941, Austin, Texas,
78711-3941 or by email at the following address: apaddock@tdhca.state.tx.us.
The proposed new section is proposed under the Texas Government
Code, Chapter 2306.
The new section affects no other code, article or statute.
§1.10.Public Comment at Public Hearings and Meetings.
(a)
Purpose. The purpose of this section is to establish procedures
for hearing public comments on issues being presented at meetings open to
the public held by the Texas Department of Housing and Community Affairs in
accordance with §2306.032 of the Texas Government Code.
(b)
Definitions. The following words and terms, when used in
this section, shall have the following meanings, unless the context clearly
indicates otherwise.
(1)
Board--The board of directors of the Department.
(2)
Department--The Texas Department of Housing and Community
Affairs.
(3)
Meeting--A deliberation between a quorum of the board of
the Department, or between a quorum of the board of the Department and another
person, as defined under § 551.001(4) of the Texas Government Code.
(4)
Open Meetings Act--Chapter 551, Texas Government Code.
(c)
Procedures.
(1)
Members of the public may give testimony at the beginning
of a board meeting.
(2)
Members of the public may also give testimony on any agenda
item of a board meeting after the presentation made by department staff and
motions made by the board.
(3)
The Department shall provide witness affirmation forms
at each board meeting for the public to complete in order to give public testimony.
(d)
The Department may set reasonable limits on the number,
frequency and length of presentations before it but may not unfairly discriminate
among speakers for or against a particular point of view.
(1)
The board may consider the following when limiting the
amount of time and the frequency each member of the public is allowed to provide
testimony:
(A)
the number of witness affirmations received;
(B)
the number of agenda items to be heard; and
(C)
the time duration for the meeting.
(2)
If the board limits the number of presentations, the board
will limit the number of presentations equally among those speakers that are
for a particular point of view and those speakers that are against a particular
point of view, if practical.
(e)
Members of the public may raise a subject that has not
been included in the notice for the meeting; however, any discussion of the
subject by the board must be limited to a proposal to place the subject on
the agenda for a future meeting.
(1)
The notice requirements under the Open Meetings Act do
not apply to:
(A)
a statement of specific factual information given in response
to the inquiry; or
(B)
a recitation of existing policy in response to the inquiry.
(2)
Any deliberation of or decision about the subject of the
inquiry shall be limited to a proposal to place the subject on the agenda
for a subsequent meeting.
(f)
This rule does not entitle a member of the public to choose
the items to be discussed.
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 January 25, 2002.
TRD-200200446
Ruth Cedillo
Acting Executive Director
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: March 10, 2002
For further information, please call: (512) 475-3726