Section 2.5 - Advisory Committees; General Requirements(a) Purpose and scope. This section governs procedures for the creation and operation of advisory committees, except as otherwise provided by law or commission rule. The purpose of an advisory committee is to make recommendations to the commission on programs, rules, and policies affecting the delivery of information services in the state. An advisory committee's sole role is to advise the commission. An advisory committee has no executive or administrative powers or duties with respect to the operation of the commission, and all such powers and duties rest solely with the commission.(b) Creation and duration of advisory committees. The commission shall create advisory committees by commission order. An advisory committee is abolished on the fourth anniversary of the date of its creation unless the commission designates a different expiration date for an advisory committee or an advisory committee has a specific duration prescribed by law.(c) Appointment procedures. The commission will appoint members to an advisory committee based on advice and input from the director and librarian. Each advisory committee will elect from its members a presiding officer, who will report the advisory committee's recommendations to the commission.(d) Size and quorum requirement. An advisory committee must be composed of a reasonable number of members not to exceed 24. A majority of advisory committee membership will constitute a quorum. An advisory committee may act only by majority vote of the members present at the meeting.(e) Membership terms. Advisory committee members:(1) may serve two- or four-year staggered terms, as ordered by the commission; and(2) are appointed by and serve at the pleasure of the commission. If a member resigns, dies, becomes incapacitated, is removed by the commission, otherwise vacates the position, or becomes ineligible prior to the end of the member's term, the commission will appoint a replacement to serve the remainder of the unexpired term.(f) Conditions of membership. (1) Qualifications. To be eligible to serve as a member of an advisory committee, a person must have knowledge about and interests in the specific purpose and tasks of an advisory committee as established by commission order.(2) Conflict of interest. Advisory committee members are subject to the same laws and policies governing ethical standards of conduct as those for commission members and employees.(3) Training requirements. Each member of an advisory committee must complete training regarding the Open Meetings Act, Chapter 551 of the Government Code, and the Public Information Act, Chapter 552 of the Government Code.(g) Administrative support. For each advisory committee, the director and librarian will designate a division of the agency that will be responsible for providing any necessary administrative support essential to the functions of the committee.(h) Meetings. (1) Meeting requirements. The division designated for an advisory committee under subsection (g) of this section shall submit to the Secretary of State notice of a meeting of the advisory committee. The notice must provide the date, time, place, and subject of the meeting. All advisory committee meetings shall be open to the public.(2) Scheduling of meetings. Meeting dates, times, places, and agendas will be set by the division designated under subsection (g) of this section.(3) Attendance. A record of attendance at each meeting of an advisory committee will be made. Unless otherwise provided by law, if a member of an advisory committee misses three consecutive advisory committee meetings, the member automatically vacates the position and the commission will appoint a new member to fill the remainder of the unexpired term created by the vacancy.(i) Record. Agency staff shall maintain minutes of each advisory committee meeting and distribute copies of approved minutes and other advisory committee documents to the commission and advisory committee members.(j) Reporting recommendations. The agency shall report an advisory committee's recommendations to the commission. The presiding officer of an advisory committee or designee may appear before the commission to present the committee's recommendations.(k) Reimbursement. Members of an advisory committee shall not be reimbursed for expenses unless reimbursement is authorized by law and approved by the director and librarian.(l) Review of advisory committees. The agency shall monitor the composition and activities of advisory committees. To enable the commission to evaluate the continuing need for an advisory committee, the agency shall report on the advisory committee's work, usefulness, and costs, including the cost of agency staff time spent in support of the committee's activities, at least annually.(m) Compliance with the Open Meetings Act. An advisory committee shall comply with the Open Meetings Act, Government Code, Chapter 551.(n) Rules. For each advisory committee appointed, the commission shall adopt rules that address the purpose of the advisory committee. The rules may address additional items, including membership qualifications, terms of service, operating procedures, and other standards to ensure the effectiveness of an advisory committee appointed under this subchapter.13 Tex. Admin. Code § 2.5
Adopted by Texas Register, Volume 45, Number 26, June 26, 2020, TexReg 4319, eff. 7/1/2020; Amended by Texas Register, Volume 49, Number 10, March 8, 2024, TexReg 1459, eff. 3/12/2024