SECTION 1.6. Advisory Committees

(a) The Board may appoint advisory committees from outside the Board's membership to advise the Board as it may deem necessary.

(b) The use of advisory committees by the Board shall be in compliance with the provisions of Texas Government Code, Chapter 2110 regarding the composition and duration of committees, the reimbursement of committee members expenses, the evaluation of committees, and the reporting to the Legislative Budget Board.

(c) An advisory committee is automatically abolished on the fourth anniversary of the date of its creation unless it has a specific duration prescribed by statute or the Board reestablishes the committee. A written statement shall be prepared by the Commissioner or his or her designee for each advisory committee setting forth the purpose of the committee, the task of the committee, the manner in which the committee will report to the Board, the date on which the committee is created, and the date on which the committee will automatically be abolished. The written statements shall be maintained on file in the Board offices.

(d) Purpose and Duties of Advisory Committees. The purpose of an advisory committee shall be to give the Board the benefit of the members' collective technical expertise and experience with respect to matters within the Board's jurisdiction. An advisory committee's sole duty is to advise the Board. An advisory committee has no executive or administrative powers or duties with respect to the operation of the Board, and all such powers and duties rest solely with the Board. The specific purposes and tasks of an advisory committee subject to this subchapter shall be identified in Board rules.

(e) Composition of Advisory Committees.

(1) The composition of advisory committees created by the Board, including subcommittees or workgroups with non-advisory committee members, shall contain no more than 24 members in compliance with the requirements of Texas Government Code, Chapter 2110.

(2) The Board shall make reasonable attempts to provide balanced, geographic representation, consonant with Texas Government Code, Chapter 2110, on all advisory committees. A rule or other action may not be challenged because of the composition of an advisory committee.

(3) This section does not apply to an advisory committee to the extent that:

(A) another state law specifically states that Texas Government Code, Chapter 2110 does not apply; or

(B) a federal law or regulation:

(i) imposes an unconditional requirement that irreconcilably conflicts with the requirements of Texas Government Code, Chapter 2110; or

(ii) imposes a condition on the state's eligibility to receive money from the federal government that irreconcilably conflicts with Texas Government Code, Chapter 2110.

(f) Membership Terms. Except as otherwise provided by law, advisory committee members shall serve terms as determined by the Board.

(g) Membership. The Board shall solicit nominations and make appointments from such nominations for membership on advisory committees from presidents and chancellors, or the respective designee. For advisory committees that include members not associated with an institution of higher education, the Board shall solicit nominations from appropriate entities, such as stakeholder organizations whose membership consists of the type of representative the advisory committee is seeking. Except as otherwise provided by law, all members of advisory committees are appointed by and serve at the pleasure of the Board. Board members may not serve on advisory committees. If an advisory committee member resigns, is no longer associated with the nominating institution or entity, dies, becomes incapacitated, is removed by the Board, otherwise vacates his or her position, or becomes ineligible prior to the end of his or her term, the Board may appoint a replacement who shall serve the remainder of the unexpired term.

(h) Attendance. A record of attendance at each meeting of advisory committees shall be made. Except as otherwise provided by law, if a member of an advisory committee misses three consecutive regularly scheduled meetings or more than half of all the regularly scheduled meetings in a one-year period, without approval by a majority vote of the Board, that member automatically vacates his or her position on the advisory committee and the Board may make an appointment to fill the remainder of the unexpired term of the vacancy.

(i) Reimbursement. Members of advisory committees shall not be reimbursed for expenses except as authorized by Texas Government Code chapter 2110.

(j) Presiding Officer. Except as otherwise provided by law, each advisory committee shall select from its members a presiding officer, who shall report the committee's recommendations to the Board. The Board may, at its discretion, appoint other officers of advisory committees or allow committee members to elect other officers at their pleasure.

(k) Manner of Reporting. Advisory committees shall report any recommendations directly to the Board at a Board meeting determined in consultation with agency staff, including the Commissioner of Higher Education. Advisory committees shall also provide an annual or biennial report to the Board to allow the Board to properly evaluate the committee's work, usefulness, and the costs related to the committee's existence, including the cost of agency staff time spent in support of the committee's activities.

(l) Subcommittees or Workgroups. Advisory committees may organize themselves into subcommittees or workgroups. One member of each subcommittee or workgroup shall serve as the chairperson. Subcommittee or workgroup chairs shall make written reports regarding their work to the presiding officer of the advisory committee. A subcommittee or workgroup of an advisory committee may include members who are not members of the advisory committee, but must include at least one member of the advisory committee.

(m) Meetings. Advisory committees shall meet at the call of the presiding officer or the Board. All advisory committee and subcommittee meetings shall be open to the public and broadcasted via the web, unless prevented by technical difficulties.

(n) Monitoring of Advisory Committees and Records.

(1) The Board shall monitor the activities of advisory committees.

(2) Agency staff shall record and maintain the minutes of each advisory committee and subcommittee meeting. The staff shall maintain a record of actions taken and shall distribute copies of approved minutes and other committee documents to the Board and to advisory committee members on a timely basis.

(3) Minutes kept for advisory committee meetings and reports required under subsection (k) of this section shall be maintained in a form and location that is easily accessible to the public, including making the information available on the Board's website.

(o) In the case of a conflict between this rule and a more specific rule in Title 19, Part 1, Chapter 1, governing an advisory committee or subcommittee, the more specific rule governing that committee or subcommittee shall apply.

Source Note: The provisions of this §1.6 adopted to be effective February 26, 2004, 29 TexReg 1658; amended to be effective December 2, 2013, 38 TexReg 8650; amended to be effective June 6, 2016, 41 TexReg 3995; amended to be effective May 17, 2021, 46 TexReg 3121