TITLE 40.SOCIAL SERVICES AND ASSISTANCE

Part 17. STATE PENSION REVIEW BOARD

Chapter 603. OFFICERS AND MEETINGS

40 TAC §603.30

The Texas Pension Review Board proposes an amendment to §603.30, concerning election of officers each calendar year. The purpose of the amendment is to amend the election of officers and would remove the word chair because the Government Code Title 8, Subtitle A, §801.110 states that "The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the will of the governor."

Jesse Ayala, Accountant, Texas Pension Review Board, has determined that for the first five-year period the amendment as proposed will be in effect, there will be fiscal implications for state or local government.

Virginia Smith, Executive Director, has determined that for each year of the first five years the amendment is in effect, the public benefits anticipated as a result of the proposed amendment will not change. The amendment does not have any adverse affect to small or micro-business or to those who are required to comply with the amended section.

Comments concerning the proposed amendment should be submitted within 30 days of publication to Virginia Smith, Executive Director, Texas Pension Review Board, P.O. Box 13498, Austin, Texas 78711-3498, or by e-mail to ginger.smtih@prb.state.tx.us.

The amendment is proposed under the rulemaking authority provided in Government Code, Tile 8, Subtitle A, §801.201(a) which authorizes the board to adopt rules necessary for the conduct of its business.

No other articles, codes, or statutes are affected by this proposal.

§603.30.Officers.

The members of the board shall elect for each calendar year a vice-chair [ chairman and vice-chairman ]. The vice-chair [ officers ] shall be elected at the last scheduled regular board meeting of each [ prior to the next ] calendar year and the vice-chair [ they ] shall take office the following January 1. The chair [ chairman ] of the board [ or the vice-chairman, in the chairman's absence, ] presides at the meetings of the board. While presiding, the chair [ chairman ] directs the order of the meeting, recognizes persons to be heard, limits time, and takes other action to clarify issues, and preserves order. In the presiding officer's absence, the vice-chair assumes all of the duties of the presiding officer.

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 April 7, 2004.

TRD-200402371

Lynda Baker

Executive Assistant

State Pension Review Board

Proposed date of adoption: June 1, 2004

For further information, please call: (512) 463-1736