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Rule §141.3 The Committee

Published: 2015

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(a) Meetings. Meetings shall be announced and conducted
under the provisions of the Texas Open Meetings Act, the Government
Code, Chapter 551.
(b) Transaction of official business.
  (1) The committee may transact official business only
when in a legally constituted meeting with a quorum present. Five
members of the committee constitute quorum.
  (2) The committee shall not be bound in any way by
any statement or action on the part of any committee or staff member
except when a statement or action is pursuant to specific instructions
of the committee.
  (3) Robert's Rules of Order Revised shall be the basis
of parliamentary decisions except as otherwise provided in this chapter.
(c) Agendas.
  (1) The executive director shall be responsible for
preparing and submitting an agenda to each member of the board prior
to each meeting which includes items requested by members, items required
by law, and other matters of committee business which have been approved
for discussion by the presiding officer.
  (2) The official agenda of a meeting shall be filed
with the Texas Secretary of State as required by law.
(d) Minutes.
  (1) The minutes of a committee meeting are official
only when affixed with the original signatures of the presiding officer
and the executive director.
  (2) Drafts of the minutes of each meeting shall be
forwarded to each member of the committee for review and comments
or corrections 14 days prior to approval by the committee.
  (3) The official minutes of the committee meetings
shall be kept in the office of the executive director and shall be
available on the department's website.
(e) Elections.
  (1) At the meeting held nearest to August 31 of each
year, the committee shall elect an assistant presiding officer.
  (2) A vacancy which occurs in the office of assistant
presiding officer may be filled at any regular meeting as required.
(f) Officers.
  (1) Presiding Officer.
    (A) The governor shall designate a member of the committee
as the presiding officer of the committee to serve in that capacity
at the will of the governor.
    (B) The presiding officer shall preside at all meetings
at which he or she is in attendance and perform all duties prescribed
by law or this chapter.
    (C) The presiding officer is authorized by the committee
to make day-to-day minor decisions regarding committee activities
in order to facilitate the responsiveness and effectiveness of the
  (2) Assistant Presiding Officer. The assistant presiding
officer shall perform the duties of the presiding officer in the absence
or disability of the presiding officer.
(g) Subcommittees.
  (1) The committee or the presiding officer may establish
subcommittees deemed necessary to carry out committee responsibilities.
  (2) The presiding officer shall appoint members of
the committee to serve on subcommittees with at least one public member
appointed to each subcommittee.
  (3) Subcommittees shall make regular reports to the
  (4) Subcommittees may direct all reports or other materials
to the executive director for distribution.
  (5) Subcommittees shall meet when called by the subcommittee
chairperson or when directed by the committee.
  (6) The continuing education subcommittee shall consider
matters relating to the continuing education of licensees and permit
holders, including the approval of programs and sponsors, and shall
make recommendations to the committee as appropriate.
  (7) The examination subcommittee shall consider matters
relating to the licensure examination, including administration and
content, and shall make recommendations to the committee as appropriate.
  (8) The applications subcommittee shall consider matters
relating to license and permit applications referred by the Executive
Director and shall make recommendations to the committee as appropriate.
  (9) The complaints subcommittee shall consider matters
relating to complaints filed against licensees and permit holders
and may propose disciplinary action if a violation of the Act or the
rules is substantiated. The subcommittee may also dismiss matters
for no violation, for lack of substantiation of a violation, or for
lack of jurisdiction. The subcommittee shall make recommendations
to the committee as appropriate.
(h) Executive director. The executive director shall:
  (1) keep the minutes of proceedings of the committee
and shall be custodian of the files and records of the committee;
  (2) coordinate activities with department staff engaged
in the administration of the licensing program;
  (3) participate with department staff in complaint
intake and processing and the investigation and presentation of complaints;

  (4) be responsible for all correspondence for the committee
and obtain, assemble, or prepare reports and information that the
committee may direct, or as authorized or required by the department
or other agency with appropriate statutory authority;
  (5) have the responsibility of assembling and evaluating
materials submitted for approval as set out in §141.7 of this
title (relating to Processing Procedures). Determinations made by
the executive director that propose denial of licensure are subject
to the approval of the applications subcommittee of the committee;
  (6) coordinate with department staff in the administration
of licensure examinations.
(i) Reimbursement for expenses.
  (1) A committee member is entitled to reimbursement
of travel expenses as provided by the General Appropriations Act.
  (2) Payment to committee members of travel expenses
shall be on official state vouchers which have been approved by the
(j) Official records of the committee.
  (1) Requests for committee records may be made under
the Texas Public Information Act, Government Code, Chapter 552. Records
which are public may be reviewed by inspection, duplication, or both,
upon written request.
  (2) Applicable cost of duplication shall be paid by
the requestor. The charge for copies shall be the same as set by the
department for copies.
(k) Impartiality. Any committee member who is unable
to be impartial in the determination of an applicant's eligibility
for licensure or in a disciplinary action against a licensee or permit
holder shall so declare this to the committee and shall not participate
in any committee proceedings involving that applicant, licensee, or
permit holder.
(l) Nondiscrimination. The committee shall make no
decision in the discharge of its statutory authority with regard to
any person's race, religion, color, gender, national origin, age,
disability, sexual orientation, or genetic information.
(m) Applicants with disabilities.
  (1) The committee shall comply with the Americans with
Disabilities Act.
  (2) Applicants with disabilities shall inform the committee
30 days in advance of any special accommodations needed.

Source Note: The provisions of this §141.3 adopted to be effective March 19, 1996, 21 TexReg 1877; amended to be effective September 9, 2001, 26 TexReg 6671; amended to be effective March 23, 2003, 28 TexReg 2320; amended to be effective August 1, 2006, 31 TexReg 5964; amended to be effective September 28, 2010, 35 TexReg 8751; amended to be effective December 4, 2012, 37 TexReg 9495; amended to be effective January 22, 2015, 40 TexReg 327