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RULE §801.11The Board

(a) Membership. The board is composed of nine members appointed by the governor. Four members must be selected from the general public. Five members must be eligible for licensure under the Act, at least one of whom must be a professional educator in marriage and family therapy. These members must have engaged in the practice or education of marriage and family therapy for at least five years, or have 5,000 hours of clinical experience in the practice of marriage and family therapy.

(b) Terms. Members of the board hold office for staggered six-year terms. Three members' terms expire February 1 of each odd-numbered year.

(c) Vacancies. In the event of a vacancy, the governor shall appoint a replacement who meets the qualifications of the vacated office to fill the unexpired part of the term.

(d) Elections. At the meeting held nearest to August 31 of each year, the board shall elect a vice-chair by a majority vote of the members present.

(e) Officers.

  (1) Chair. The chair shall be appointed by the governor and will serve at the will of the governor.

    (A) The chair shall preside at all meetings at which he or she is in attendance and shall perform all duties prescribed by law and board rules.

    (B) The chair is authorized by the board to make minor procedural decisions regarding board activities in order to facilitate the responsiveness and effectiveness of the board. The executive director shall keep a tabulation of the minor procedural decisions and include them in the executive director's report to the board.

    (C) The chair shall sign the approved minutes of each meeting.

  (2) Vice-chair.

    (A) The vice-chair shall perform the duties of the chair in the absence or disability of the chair.

    (B) Should the office of the chair become vacant, the vice-chair shall serve until a successor is named.

(f) Committees. The chair may appoint board members to committees to assist the board in its work. All committees appointed by the chair shall consist of no more than four members and shall make reports to the board at regular meetings. The board shall direct all such reports to the executive director for distribution. The board shall appoint at least one public member to any board committee established to review a complaint filed with the board or review an enforcement action against a license holder related to a complaint filed with the board.

(g) Compensation. No member of the board may receive compensation for serving on the board. Each member is entitled to reimbursement of travel expenses for each day that the member performs functions as a member of the board.

(h) Meetings.

  (1) Agendas.

    (A) The executive director or the executive director's designee shall prepare and submit to each member of the board an agenda which includes items required by law, items requested by members, and other matters of board business which have been approved by the chair.

    (B) The official agenda of a board meeting shall be filed with the Texas secretary of state as required by the Texas Open Meetings Act.

    (C) Any individual wishing to be on the agenda to present a specified topic at a meeting of the board must provide a written request to the executive director in time to be placed on the agenda (not later than 30 days prior to the scheduled date of the meeting) which describes the topic to be addressed. The chair may limit as appropriate the time for public participation.

  (2) Frequency of meetings. The board shall meet at least biannually and may meet at other times as the chair deems necessary. All meetings shall be conducted in accordance with the Texas Open Meetings Act.

  (3) Attendance. If a member is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during the calendar year, unless the absence is excused by majority vote of the board, a potential ground for removal from the board may exist. The chair shall notify the governor that a potential ground for removal exists. The attendance records of the members may be made available to the governor of the State of Texas and/or the Texas Sunset Advisory Commission.

  (4) Rules of parliamentary procedure. All official decisions made by the board shall be made according to parliamentary procedure as set forth in the latest edition of Robert's Rules of Order Revised. If a question arises concerning interpretation of the latest edition of Robert's Rules of Order Revised, the chair or acting chair will make the decision.

  (5) Transaction of official business. The board may transact official business only when it is a legally constituted meeting with a quorum present. Five members of the board constitute a quorum.

(i) The board shall not be bound in any way by any statement or action on the part of any board member, subcommittee member, or staff member, except when a statement or action is in pursuance of the specific instruction of the board. Board member or staff member opinions, except when a statement or action is in pursuance of the specific instructions of the board, about ethical dilemmas or practice issues should never be substituted for appropriate professional consultation or legal advice.

(j) Training. A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that meets the requirements established in the Act.

Source Note: The provisions of this §801.11 adopted to be effective April 20, 1994, 19 TexReg 2386; amended to be effective November 22, 1996, 21 TexReg 11588; amended to be effective April 11, 2001, 26 TexReg 2713; amended to be effective July 2, 2006, 31 TexReg 5111; amended to be effective March 31, 2013, 38 TexReg 1982

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