SECTION 20.301. Electronic Compliance and Approval Process (ECAP) Advisory Committee

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Chairman--The Chairman of the Commission.

(2) Commission--The Railroad Commission of Texas.

(3) Committee--The Electronic Compliance and Approval Process (ECAP) Advisory Committee of the Commission.

(4) Director--The Director of the Oil and Gas Division.

(5) Division--The Oil and Gas Division of the Commission.

(6) ECAP--Electronic Compliance and Approval Process.

(7) Electronic commerce industry representative--A member of the committee whose primary business is the development and implementation of systems and processes for electronic commerce.

(8) Fiscal year--September 1 of a year through August 31 of the following year.

(9) Independent industry representative--A member of the committee who is engaged in the business of non-integrated oil and gas operations, or who represents operators of such companies.

(10) Major industry representative--A member of the committee who is engaged in the business of oil and gas operations for a fully integrated company, or who represents operators of such oil and gas companies.

(11) Member--A major or independent industry representative, an electronic commerce industry representative, a representative of users of Commission data, or a representative of another category or interest appointed by the Commission who serves on the committee.

(12) Presiding officer--The chair of the committee.

(13) Participant--A person who is not a member of the committee, but participates on the committee for the purpose of advising and/or providing expertise in a particular subject area and performing the work assigned to the committee by the Commission. Participants may include: consumers who are end users or representatives of end users of the information filed at or maintained by the Commission; technicians who provide technical support for oil and gas exploration and production operations; staff who are employees of the Commission; and contractors whom the Commission has engaged to perform particular work.

(14) User of Commission data--A person who obtains Commission data for his or her own use or for resale to others or who represents such persons.

(b) Establishment; duration. The ECAP Advisory Committee is hereby established effective March 1, 2000. The committee is abolished on December 31, 2005, unless the Commission amends this subsection to establish a different date.

(c) Purpose and duties. The purpose of the committee is to give the Commission the benefit of the members' collective business, technical, and operating expertise and experience to help the Commission implement paperless permitting through the implementation of ECAP. The committee shall advise the Commission on direction and implementation strategies concerning the ECAP project. The committee's sole duty is to advise the Commission. The committee has no executive or administrative powers or duties with respect to the operation of the division; all such powers and duties rest solely with the Commission.

(d) Composition of committee; membership terms. The committee shall be composed of ten members, nine of whom shall have full voting rights. The presiding officer shall vote only in the event of a tie. The members' terms shall be for the entire duration of the committee.

(1) The members, all of whom serve at the pleasure of the Commission, shall include:

(A) three major industry representatives;

(B) three independent industry representatives;

(C) three electronic commerce industry representatives; and

(D) one user of Commission data.

(2) The committee may use other non-member participants with expertise in certain areas for the purpose of obtaining advice and information on a particular subject and implementing ECAP proposals approved by the Commission.

(e) Conflict of interest.

(1) A member may not:

(A) have an interest in, or in any manner be connected with, a contract or bid for a purchase of goods or services by the Commission for the ECAP project; or

(B) in any manner, including by rebate or gift, accept or receive from a person to whom a contract is or may be awarded, directly or indirectly, anything of value or a promise, obligation, or contract for future reward or compensation.

(2) A member who violates this subsection is subject to dismissal.

(3) The Commission shall not accept a bid or award a contract for goods or services for the ECAP project that includes proposed financial participation by a member who participated in preparing the specifications or request for proposals on which the bid or contract is based.

(f) Presiding officer; other officers. The Chairman shall appoint a presiding officer who shall report the committee's advice and attendance in writing to the Commission no less often than quarterly. The committee may elect other officers at its pleasure.

(g) Nominations for committee membership. The Commission shall make nominations for membership on the committee.

(h) Appointment and replacement of members. The Commission shall appoint members of the committee by March 1, 2000. All members of the committee serve at the pleasure of the Commission. If a member resigns or otherwise vacates his or her position prior to the end of his or her term, the Commission shall appoint a replacement who shall serve the remainder of the unexpired term.

(i) Meetings. The committee shall meet at the call of the presiding officer or the Commission. Meetings shall be scheduled through e-mail appointments sent by the presiding officer to committee members and participants.

(j) Other committee authority. The ECAP advisory committee may create other guidelines and may create subcommittees as necessary and appropriate to carry out its purpose. Subcommittees may establish their own operating guidelines.

(k) Reimbursement of members' expenses. The Commission shall not reimburse members for travel or other expenses related to service on the committee or any subcommittees.

(l) Committee and subcommittee records. The Commission shall maintain and make available records of each committee and any subcommittee meeting.

(m) Evaluation of committee costs and benefits. By October 1 of each year, the director shall evaluate for the previous fiscal year and report to the Commission:

(1) the committee's work;

(2) the committee's usefulness; and

(3) the costs related to the committee's existence, including the cost of Commission staff time spent in support of the committee's activities.

(n) Report to Legislative Budget Board. The Commission shall biennially report to the Legislative Budget Board the information developed under subsection (m) of this section in evaluating the committee's costs and benefits.

Source Note: The provisions of this §20.301 adopted to be effective February 28, 2000, 25 TexReg 1593