Texas Register, Volume 32, Number 44, Pages 7777-8060, November 2, 2007 Page: 7,925
7777-8060 p. ; 28 cm.View a full description of this periodical.
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Harold E. Feeney
Commissioner
Credit Union Department
Effective date: November 11, 2007
Proposal publication date: June 29, 2007
For further information, please call: (512) 837-9236
TITLE 10. COMMUNITY DEVELOPMENT
PART 7. TEXAS RESIDENTIAL
CONSTRUCTION COMMISSION
CHAPTER 300. ADMINISTRATION
10 TAC 300.11
The Texas Residential Construction Commission (commission)
adopts new 300.11, regarding meetings of the commission with
changes to the proposed text as published in the August 24,
2007, issue of the Texas Register (32 TexReg 5254).
The new rule provides the public a greater understanding of how
an open meeting is conducted and the role that a member of the
public may play in the proceedings.
The commission received no comments on the proposed new
rule.
The new rule is adopted pursuant to Property Code, Chapter
406 relating to the Commission, and 408.001 which provides
general authority for the commission to adopt rules necessary
for the implementation of and Title 5, Government Code Chapter
551 regarding open meetings.
No other statutes, articles, or codes are affected by the new rule.
300.11. Meetings of the Commission.
(a) The commission shall meet at times and places to be deter-
mined either by the chair or the presiding member of the commission.
(b) Meetings of the commission are open to the public unless
such meetings are conducted in executive session pursuant to state law.
(c) The chair of the commission shall preside over any pro-
ceeding or meeting of the commission, unless a member of the com-
mission is designated by the chair to preside.
(d) Notice of all commission meetings shall be provided in ac-
cordance with the Open Meetings Act, Texas Government Code, Chap-
ter 551 and the Administrative Procedure Act.
(e) A person who wants to testify before the commission about
any subject under the commission's jurisdiction shall fill out a Public
Comment form prior to the start of the meeting and submit the form to
the chair.
(f) The chair will recognize requests to address the commis-
sion during the "public comment" portion of a meeting. Public com-
ments will be limited to individuals present in the meeting. No com-
ments will be taken by telephone, internet, video-conferencing or other
means of transmission or recording.
(g) The chair may impose a time limit for those wishing to ad-
dress or make a presentation to the commission. The allotted period
for a person addressing the commission may only be extended by com-
mission vote and may not be extended by another person delegating,
ceding, passing or otherwise granting allotted comment time in lieu of
addressing the commission.(h) The chair of the meeting has sole discretion to determine
the procedural conduct of a commission meeting.
(i) Subsections (e), (f) and (g) do not apply to subcommittee
meetings.
(j) Filing deadlines for documents and other materials ad-
dressed to the commissioners.
(1) Except as provided in paragraph (2) of this subsection,
all documents and other materials addressed to the commissioners re-
lating to any proceeding that has been placed on the agenda of an open
meeting shall be filed with the Executive Director or General Counsel
no later than five days prior to the open meeting at which the proceed-
ing will be considered, provided that no party is prejudiced by the tim-
ing of the filing of the documents. Documents that are not filed before
the deadline and do not meet one of the exceptions in paragraph (2)
of this subsection, will not be considered timely filed, and may not be
reviewed by the commissioners in their open meeting.
(2) The deadline established in paragraph (1) of this sub-
section does not apply if:
(A) the documents or other materials have been specif-
ically requested by one of the commissioners;
(B) the document or other material relates to a matter
for which the commission has set a different specific deadline for filing
a response; or
(C) good cause for the late filing exists. Good cause
must clearly appear from specific facts shown by written pleading that
compliance with the deadline was not reasonably possible and that fail-
ure to meet the deadline was not the result of the negligence of the party.
The finding of good cause lies within the discretion of the commission.
(3) Documents or other materials filed under this subsec-
tion may be delivered by electronic mail, first class mail, hand-deliv-
ery, or by overnight courier delivery.
(4) The person submitting the information in hard copy
must provide 16 copies of the materials for distribution to the commis-
sioners and staff. Documents or materials filed under this subsection
will be distributed to the commissioners for their consideration unless
the requisite number of documents has not been provided.
(5) Written materials filed under this subsection will not
be read aloud, and audio or video materials will not be played at the
commission meeting, unless the chair otherwise directs at the meeting.
(6) No filing fee is required to file any document or other
material with the commission under this subsection.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on October 18,
2007.
TRD-200704991
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Effective date: November 7, 2007
Proposal publication date: August 24, 2007
For further information, please call: (512) 463-2886
4, 4, 4ADOPTED RULES November 2, 2007 32 TexReg 7925
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Texas. Secretary of State. Texas Register, Volume 32, Number 44, Pages 7777-8060, November 2, 2007, periodical, November 2, 2007; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97421/m1/145/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.