Texas Register, Volume 38, Number 21, Pages 3215-3396, May 24, 2013 Page: 3,233
3215-3396 p. ; 28 cm.View a full description of this periodical.
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(A) An employee of the commission may not also serve
as an employee, elected officer or director of an affiliated non-profit or-
ganization. An employee of the commission may serve as an ex officio,
non-voting director of an affiliated non-profit organization.
(B) A commissioner or employee of the commission
shall not receive monetary enrichment from the affiliated non-profit or-
ganization except with the approval of the executive director, or, in the
case of the executive director or a commissioner, with the approval of
the commission.
(5) The commission may recommend or nominate individ-
uals to serve as officers, directors, or employees of an affiliated non-
profit organization.
(6) The commission shall have a formal liaison committee
or other, similar group to monitor the operation of an affiliated non-
profit organization.
(7) An affiliated non-profit organization will not know-
ingly accept donations from organizations or individuals administering
grants from the commission or which have contracts with the commis-
sion. Should such a donation be accepted, it shall be returned upon
discovery of such a relationship.
(8) An affiliated non-profit organization may not expend
funds for the purpose of influencing legislative action, either directly
or indirectly.
(9) The commission shall review its relationship with an
affiliated non-profit organization on a schedule to be established by the
commission, but not less than once every 10 years.
(c) The provisions of this rule shall not apply to non-profit or-
ganizations created for the support of individual state historic sites.
Such organizations are subject to regulation in 16.7 of this title (re-
lating to Friends Organizations).
11.11. Restrictions on Assignment of Vehicles.
(a) Definitions. The following words and terms, when used
in this section, shall have the following meanings, unless the context
clearly indicates otherwise.
(1) THC--The Texas Historical Commission.
(2) Executive Director--The Executive Director of the
Texas Historical Commission [of Texas] or the Executive Director's
designee not below the level of division director.
(b) Motor pool. Each THC vehicle, with the exception of a
vehicle assigned to a field employee, will be assigned to the THC motor
pool and is available for checkout.
(c) Regular vehicle assignment. The THC may assign a vehi-
cle to an individual administrative or executive employee on a regular
or everyday basis only if the Executive Director makes a documented
finding that the assignment is critical to the needs and mission of the
department.
11.14. Negotiated Rulemaking andAlternative Dispute Resolution.
(a) Negotiated rulemaking.
(1) The commission's policy is to encourage the use of ne-
gotiated rulemaking for the adoption of commission rules in appropri-
ate situations.
(2) The commission's deputy director or his designee shall
be the commission's negotiated rulemaking coordinator (NRC). The
NRC shall perform the following functions, as required:(A) coordinate the implementation of the policy set out
in subsection (a)(1) of this section, and in accordance with the Negoti-
ated Rulemaking Act, Chapter 2008, Government Code;
(B) serve as a resource for any staff training or educa-
tion needed to implement negotiated rulemaking procedures; and[]
(C) collect data to evaluate the effectiveness of negoti-
ated rulemaking procedures implemented by the commission.
(3) The commission, its rules committee, or the executive
director may direct the NRC to begin negotiated rulemaking procedures
on a specified subject.
(b) Alternative Dispute Resolution (ADR).
(1) The commission's policy is to encourage the resolution
and early settlement of internal and external disputes, including con-
tested cases, through voluntary settlement processes, which may in-
clude any procedure or combination of procedures described by Chap-
ter 154, Civil Practice and Remedies Code. Any ADR procedure used
to resolve disputes before the commission shall comply with the re-
quirements of Chapter 2009, Government Code, and any model guide-
lines for the use of ADR issued by the State Office of Administrative
Hearings.
(2) The commission's deputy executive director or his de-
signee shall be the commission's dispute resolution coordinator (DRC).
The DRC shall perform the following functions, as required:
(A) coordinate the implementation of the policy set out
in subsection (a) of this section;
(B) serve as a resource for any staff training or educa-
tion needed to implement the ADR procedures; and
(C) collect data to evaluate the effectiveness of ADR
procedures implemented by the commission.
(3) The commission, a committee of the commission, a re-
spondent in a disciplinary matter pending before the commission, the
executive director, or a commission employee engaged in a dispute
with the executive director or another employee, may request that the
contested matter be submitted to ADR. The request must be in writing,
be addressed to the DRC, and state the issues to be determined. The
person requesting ADR and the DRC will determine which method of
ADR is most appropriate. If the person requesting ADR is the respon-
dent in a disciplinary proceeding, the executive director shall determine
if the commission will participate in ADR or proceed with the commis-
sion's normal disciplinary processes.
(4) Any costs associated with retaining an impartial third
party mediator, moderator, facilitator, or arbitrator, shall be borne by
the party requesting ADR.
(5) Agreements of the parties to ADR must be in writing
and are enforceable in the same manner as any other written contract.
Confidentiality of records and communications related to the subject
matter of an ADR proceeding shall be governed by 154.073 of the
Civil Practice and Remedies Code.
(6) If the ADR process does not result in an agreement,
the matter shall be referred to the commission for other appropriate
disposition.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on May 8, 2013.
TRD-201301851PROPOSED RULES May 24, 2013 38 TexReg 3233
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Texas. Secretary of State. Texas Register, Volume 38, Number 21, Pages 3215-3396, May 24, 2013, periodical, May 24, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth313174/m1/17/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.