SECTION 131.43. Public Participation

(a) The board shall include "public comment" as a topic on the agenda for each regularly scheduled board or committee meeting.

(b) A person may address the board regarding any issue related to the jurisdiction of the board other than open complaints filed with the board pursuant to Subchapter F of the Engineering Act, matters concerning cases pending at the State Office of Administrative Hearings, or cases deemed confidential. A person wishing to address the board about any subject under the board's jurisdiction shall fill out a Public Comment form prior to the start of the meeting and submit the form to the chair.

(c) The chair will recognize those requests to address the board during the "public comment" portion of a meeting.

(d) The chair may impose a time limit for those wishing to address or make a presentation to the board. The allotted period for a person addressing the board may only be extended by board vote and may not be extended by another person delegating, ceding, passing or otherwise granting allotted comment time in lieu of addressing the board.

(e) The board may not comment or make a decision about a subject not listed on the agenda except to reply with:

(1) a statement of specific factual information in response to the inquiry;

(2) a recitation of existing policy in response to the inquiry; or,

(3) a proposal to place the subject on the agenda for a subsequent board or committee meeting.

(f) At least 20 days prior to a meeting, a person from the general public may submit a written request to the chair, a committee chair, or executive director for an item to be placed on the meeting agenda. The executive director shall forward such requests to the chair or appropriate committee chair. The chair or committee chair shall consider the request but has the discretion to include the requested item on the agenda or to only allow for comment as described in subsections (a) through (e) of this section.

Source Note: The provisions of this §131.43 adopted to be effective May 20, 2004, 29 TexReg 4871; amended to be effective March 15, 2018, 43 TexReg 1438; amended to be effective December 24, 2020 45 TexReg 9202