Texas Register
(30 TexReg 3804). Sections 256.1
- 256.4, 256.6 - 256.13, and 256.15 are adopted without changes and will not
be republished.
There are changes to the text of §256.5 and §256.14 as proposed
and published in the
Texas Register
due to
typographical errors. The title of §256.5 has been changed from "Secretary/Treasurer"
to "Secretary." In §256.14 incorrect citations in subsection (a)(2) and
(3) were changed.
Section 487.025 of the Texas Government Code requires the Office of Rural
Community Affairs to develop and implement policies that separate the policy-making
responsibilities of the Executive Committee and the management responsibilities
of the Executive Director and staff of the agency. Section 487.027 of the
Texas Government Code requires the Executive Committee to develop and implement
policies that provide the public with the opportunity to appear before the
Executive Committee and to speak on any issue under the jurisdiction of the
agency.
The rules will assist the Office by identifying the respective policy-making
and management responsibilities of the Executive Committee and Executive Director.
The rules will also assist interested persons by notifying them of their opportunities
for providing public comment to the Executive Committee.
No comments were received by the Office in response to the publication
of the proposed rules. The rules as adopted establish the respective responsibilities
of the Executive Committee and the Executive Director and provide standards
and a process for receiving comments from the public on agency issues.
The new sections are adopted pursuant to the authority of §487.052
of the Texas Government Code that provides the Office with the authority to
adopt rules to implement its responsibilities.
§256.5.Secretary.
(a)
Members of the Executive Committee shall annually elect
a secretary/treasurer from among the members of the Executive Committee.
(b)
The secretary, in the absence of the presiding officer
and assistant presiding officer, shall perform the duties of the presiding
officer as specified in §256.3 of this title (relating to Presiding Officer)
and shall perform such other duties, as the Executive Committee shall designate.
(c)
The secretary shall work with the Executive Director to
assure the proper recording of minutes of the Executive Committee meetings
and to assure that a copy of the minutes is transmitted to each Executive
Committee member before each ensuing meeting and have charge of all records,
proceedings and documents of the Executive Committee and maintain documentation
of the legally required notices of each Executive Committee meeting.
§256.14.Actions Requiring Executive Committee Approval.
(a)
The following reports are subject to approval, adoption
or ratification by the Executive Committee during a meeting of the Executive
Committee conducted pursuant to applicable state law:
(1)
The Strategic Plan required by Chapter 2056 of the Government
Code;
(2)
Pursuant to §487.056 of the Government Code, the biennial
report to the legislature regarding the activities of the office;
(3)
Pursuant to §487.558 of the Government Code, the status
of the permanent endowment fund for the rural communities health care investment
program;
(4)
Pursuant to §487.057 of the Government Code, the Rural
Health Work Plan;
(5)
The legislative appropriation request to the Governor's
Office of Budget and Planning and the Legislative Budget Board;
(6)
Proposed legislative changes;
(7)
The annual Biennial Operating Plan, Budget and Financial
Report; and
(8)
The Consolidated State Plan and One-Year Action Plan pursuant
to 24 Code of Federal Regulations §570.485.
(b)
Pursuant to §487.052 of the Government Code the Executive
Committee has the exclusive authority to adopt rules for the implementation
of the statutory responsibilities of the office.
(c)
The appointment or removal of the office's internal auditor
is conducted by the Executive Committee.
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.
Filed with the Office of
the Secretary of State on August 15, 2005.
TRD-200503394
Charles S. Stone
Executive Director
Office of Rural Community Affairs
Effective date: September 4, 2005
Proposal publication date: July 1, 2005
For further information, please call: (512) 936-6710