SECTION 211.9. General Considerations

(a) Parliamentary procedure. Board and committee meetings shall be conducted pursuant to the Board's adopted Simplified Parliamentary Policy.

(b) Minutes. Minutes of all board meetings will be prepared and transmitted to board members for their review prior to subsequent board meetings and shall be filed with the Legislative Reference Library and the Texas State Library. Proceedings of standing and ad hoc committee meetings and advisory committee meetings shall be recorded, distributed and filed in accordance with parliamentary procedure.

(c) Video Tape. All or any part of the proceedings of a public board meeting may be recorded by any person in attendance by means of a tape recorder, video camera, or any other means of sonic or visual reproduction.

(1) The executive director shall direct any individual wishing to record or videotape as to equipment location, placement, and the manner in which the recording is conducted.

(2) The decision will be made so as not to disrupt the normal order and business of the board.

(d) Executive Session.

(1) The Board of Nurse Examiners may meet in executive session to consider the following items as provided by law:

(A) involving the appointment, employment evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, unless such officer or employee requests a public hearing;

(B) with respect to the purchase, exchange, lease, value of real property and negotiated contracts for prospective gift or donations to the state or the governmental body, when such discussion would have a detrimental effect on the negotiating position of the board as between the board and a third person, firm, or corporation;

(C) regarding the deployment, or specific occasions for implementation of security personnel or devices;

(D) in private consultation between a governmental body and its attorney, in instances in which the board seeks the attorney's advice with respect to pending or contemplated litigation, settlement offer, and matters where the duty of board's counsel to his client, pursuant to the Code of Professional Responsibility of the State Bar of Texas, clearly conflicts with applicable statutory provisions; or

(E) any other matter as may relate to board business that is authorized by state law.

(2) An executive session of the board shall not be held unless a quorum of the board has first been convened in open meeting. If during such open meeting, a motion is passed by the board to hold an executive session, the presiding officer shall publicly announce that an executive session will be held by stating the appropriate authority under which such executive session is being convened.

(3) The presiding officer of the board shall announce the date and time at the beginning and end of the executive session.

(4) The presiding officer of the board shall make a tape recording of the executive session which shall include the announcement made by the presiding officer at the beginning and end of the executive session.

(5) In lieu of a tape recording, the presiding officer shall prepare an agenda of the executive session which shall be certified by the presiding officer as being a true and correct record of the proceedings. The certified agenda shall:

(A) include an announcement of the date and time by the presiding officer at the beginning and end of the executive session; and

(B) state the subject matter of each deliberation and include a record of any further action taken.

(6) At the conclusion of the executive session, the presiding officer shall place the certified agenda or tape in an envelope, seal and date the envelope and deliver the envelope to the executive director.

(7) The executive director or his or her designee will place the envelope containing the tape or agenda in the agency's safe.

(8) The certified agenda or tape shall be maintained at the board office for at least two years from the date of the executive session. If an action involving the executive session commences during such two year period, the certified agenda shall be maintained until the final disposition of such action.

(9) The certified agenda or tape shall be available for inspection by the judge of a district court as specified in Government Code, §555.104, if litigation has been initiated involving a violation of this section.

(e) Contracts with Historically Underutilized Businesses (HUBS).

(1) A Historically Underutilized Business (HUB) is a business that meets the definition of HUBs as defined in the rules of the Texas Building and Procurement Commission.

(2) The Board shall make a good faith effort to utilize HUBs in contracts for construction, services, including professional and consulting services, and commodities purchases.

(3) The board shall make a good faith effort to assist HUBs in receiving a portion of the total contract value of all contracts awarded by the board in accordance with the percentage goals established by the Texas Building and Procurement Commission.

(f) Enhanced Contract and Performance Monitoring.

(1) The following contracts require enhanced contract or performance monitoring:

(A) A contract for the purchase of goods or services that has a value exceeding $1 million; and

(B) A contract with a value of less than $1 million, if the Board's contract manager determines enhanced contract or performance monitoring is appropriate.

(2) For contracts identified under paragraph (1) of this subsection, the Board's contract manager or designated staff member must submit the following information to the Board:

(A) the general purpose of the contract;

(B) the name of the vendor;

(C) the legal authority under which the contract was entered;

(D) the current cost of the contract; and

(E) the total cost of the contract, including contract renewals.

(3) The Executive Director shall be immediately notified of any serious issue or risk that is identified with respect to a contract monitored under this subsection.

Source Note: The provisions of this §211.9 adopted to be effective March 31, 2002, 27 TexReg 2236; amended to be effective July 14, 2016, 41 TexReg 5053; amended to be effective October 31, 2018, 43 TexReg 7318