CHAPTER 2110. STATE AGENCY ADVISORY COMMITTEES
GOVERNMENT CODE
TITLE 10. GENERAL GOVERNMENT
SUBTITLE C. STATE ACCOUNTING, FISCAL MANAGEMENT, AND PRODUCTIVITY
CHAPTER 2110. STATE AGENCY ADVISORY COMMITTEES
Sec. 2110.001. DEFINITION. In this chapter, "advisory
committee" means a committee, council, commission, task force, or
other entity with multiple members that has as its primary
function advising a state agency in the executive branch of state
government.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 16.01(a), eff. Sept.
1, 1997. Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 45, eff.
Sept. 1, 2001.
Sec. 2110.0011. APPLICABILITY OF CHAPTER. This chapter applies
unless and to the extent:
(1) another state law specifically states that this chapter does
not apply; or
(2) a federal law or regulation:
(A) imposes an unconditional requirement that irreconcilably
conflicts with this chapter; or
(B) imposes a condition on the state's eligibility to receive
money from the federal government that irreconcilably conflicts
with this chapter.
Added by Acts 2001, 77th Leg., ch. 1158, Sec. 46, eff. Sept. 1,
2001.
Sec. 2110.0012. ESTABLISHMENT OF ADVISORY COMMITTEES. For
purposes of this chapter, a state agency has established an
advisory committee if:
(1) state or federal law has specifically created the committee
to advise the agency; or
(2) the agency has, under state or federal law, created the
committee to advise the agency.
Added by Acts 2001, 77th Leg., ch. 1158, Sec. 46, eff. Sept. 1,
2001.
Sec. 2110.002. COMPOSITION OF ADVISORY COMMITTEES. (a) An
advisory committee must be composed of a reasonable number of
members not to exceed 24.
(b) The composition of an advisory committee that advises a
state agency regarding an industry or occupation regulated or
directly affected by the agency must provide a balanced
representation between:
(1) the industry or occupation; and
(2) consumers of services provided by the agency, industry, or
occupation.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 16.01(a), eff. Sept.
1, 1997. Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 47, eff.
Sept. 1, 2001.
Sec. 2110.003. PRESIDING OFFICER. (a) An advisory committee
shall select from among its members a presiding officer.
(b) The presiding officer shall preside over the advisory
committee and report to the advised state agency.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 16.01(a), eff. Sept.
1, 1997. Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 48, eff.
Sept. 1, 2001.
Sec. 2110.004. REIMBURSEMENT OF MEMBERS' EXPENSES;
APPROPRIATIONS PROCESS. (a) Notwithstanding other law, the
manner and amount of reimbursement for expenses, including travel
expenses, of members of an advisory committee may be prescribed
only:
(1) by the General Appropriations Act; or
(2) through the budget execution process under Chapter 317 if
the advisory committee is created after it is practicable to
address the existence of the committee in the General
Appropriations Act.
(b) A state agency that is advised by an advisory committee must
request authority to reimburse the expenses of members of the
committee through the appropriations or budget execution process,
as appropriate, if the agency determines that the expenses of
committee members should be reimbursed. The request must:
(1) identify the costs related to the advisory committee's
existence, including the cost of agency staff time spent in
support of the committee's activities;
(2) state the reasons the advisory committee should continue in
existence; and
(3) identify any other advisory committees created to advise the
agency that should be consolidated or abolished.
(c) As part of the appropriations and budget execution process,
the governor and the Legislative Budget Board shall jointly
identify advisory committees that should be abolished. The
comptroller may recommend to the governor and the Legislative
Budget Board that an advisory committee should be abolished.
(d) The General Appropriations Act may provide for reimbursing
the expenses of members of certain advisory committees without
providing for reimbursing the expenses of members of other
advisory committees.
(e) This section does not apply to an advisory committee the
services of which are determined by the governing board of a
retirement system trust fund to be necessary for the performance
of the governing board's fiduciary duties under the state
constitution.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 16.01(a), eff. Sept.
1, 1997.
Sec. 2110.005. AGENCY-DEVELOPED STATEMENT OF PURPOSE AND TASKS;
REPORTING REQUIREMENTS. A state agency that establishes an
advisory committee shall by rule:
(1) state the purpose and tasks of the committee; and
(2) describe the manner in which the committee will report to
the agency.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 16.01(a), eff. Sept.
1, 1997. Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 49, eff.
Sept. 1, 2001.
Sec. 2110.006. AGENCY EVALUATION OF COMMITTEE COSTS AND
EFFECTIVENESS. A state agency that has established an advisory
committee shall evaluate annually:
(1) the committee's work;
(2) the committee's usefulness; and
(3) the costs related to the committee's existence, including
the cost of agency staff time spent in support of the committee's
activities.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 16.01(a), eff. Sept.
1, 1997. Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 50, eff.
Sept. 1, 2001.
Sec. 2110.007. REPORT TO THE LEGISLATIVE BUDGET BOARD. A state
agency that has established an advisory committee shall report to
the Legislative Budget Board the information developed in the
evaluation required by Section 2110.006. The agency shall file
the report biennially in connection with the agency's request for
appropriations.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 16.01(a), eff. Sept.
1, 1997. Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 51, eff.
Sept. 1, 2001.
Sec. 2110.008. DURATION OF ADVISORY COMMITTEES. (a) A state
agency that has established an advisory committee may designate
the date on which the committee will automatically be abolished.
The designation must be by rule. The committee may continue in
existence after that date only if the agency amends the rule to
provide for a different abolishment date.
(b) Unless the state agency that establishes an advisory
committee designates a different date under Subsection (a), the
committee is automatically abolished on the later of:
(1) September 1, 2005; or
(2) the fourth anniversary of the date of its creation.
(c) An advisory committee that state or federal law has
specifically created as described in Section 2110.0012(1) is
considered for purposes of Subsection (b)(2) to have been created
on the effective date of that law unless the law specifically
provides for a different date of creation.
(d) This section does not apply to an advisory committee that
has a specific duration prescribed by statute.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 16.01(a), eff. Sept.
1, 1997. Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 52, eff.
Sept. 1, 2001.