Section 385.8103 - Board Proceedings(a) Organization. (1) The Texas Juvenile Justice Board (Board) is a nine-member body appointed by the governor to oversee the Texas Juvenile Justice Department. The Board chair is designated by and serves at the pleasure of the governor. (2) The Board may elect or appoint a vice chair to preside over meetings in the chair's absence. (3) The Board chair may appoint members of the Board to be chairs or members of standing or limited-purpose committees. (4) Unless otherwise provided by law, the Board chair, with the Board's approval, shall appoint the members of any advisory committees established under Chapter 203, Human Resources Code. (b) Powers and Responsibilities. (1) The Board shall have primary responsibility for policymaking activities, including, but not limited to, establishing the department's mission and adopting rules. (2) The Board shall have the sole responsibility for the adoption of rules proposed by the Board or the department. Unless otherwise provided by law, the Board shall follow the rulemaking procedures established in the Administrative Procedure Act (Chapter 2001, Government Code). (3) The Board may delegate to the executive director the Board's responsibilities, as the Board determines appropriate. In making such a delegation, the Board shall provide clear direction, performance measures, reporting requirements, and oversight, as appropriate, to ensure the delegated responsibilities are performed. (4) The Board shall develop and publish on TJJD's website procedures regarding its operations and proceedings in a governance manual. (c) Meetings. (1) The Board shall meet at least quarterly at a site determined by the chair. (2) The Board meets at the call of the Board chair. (3) Every regular and special-called meeting of the Board shall be announced and conducted in accordance with the Open Meetings Act (Chapter 551, Government Code). These meetings shall be open to the public as provided by the Open Meetings Act.(4) Board meetings shall be conducted according to the current edition of Robert's Rules of Order Newly Revised in all instances to which they are applicable as long as they are not inconsistent with the Texas Constitution or the statutes or rules applicable to the Board. Any rule within Robert's Rules of Order Newly Revised may be modified as deemed necessary by the Board chair for the proper conduct of the meeting, subject to an objection by a Board member. (5) The transaction of business before the Board requires a quorum of the Board be present. A quorum of the Board is five members. When a quorum is present, a motion before the Board is carried by an affirmative vote of the majority of the Board members present that are participating in the vote. (6) As a member of the Board, the Board chair may make motions without the necessity of relinquishing the chair, subject to an objection from a Board member. (7) The Board chair may limit the number and length of comments provided on any item on the agenda, subject to an objection from a Board member. (8) The Board shall provide the public with a reasonable opportunity to address the Board on issues under the Board's jurisdiction. (A) A person who wants to speak during a Board meeting must register in accordance with the Board meeting instructions. The person may speak during the public comment portion of the meeting or, at the discretion of the Board chair, during the discussion of a specific agenda item. (B) The Board or the department may provide instructions regarding the presentation of public comments during a Board meeting. (9) The Board shall provide the Office of Independent Ombudsman with a reasonable opportunity to address the Board on issues under the Board's jurisdiction. (10) Department staff shall ensure Board members are provided the materials necessary to conduct Board business in advance of Board meetings.37 Tex. Admin. Code § 385.8103
Adopted by Texas Register, Volume 49, Number 47, November 22, 2024, TexReg 9569, eff. 12/1/2024