Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021 Page: 6,043
5985-6306 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
(ii) Alternate Representatives. If the Private Non-
profit Entity or Public Organization advisory board chooses to allow al-
ternates, the alternates for low-income representatives shall be elected
at the same time and in the same manner as the board representative
is elected to serve on the board. Alternates for representatives of pri-
vate sector organizations may be designated to serve on the board and
should be selected at the same time the board representative is selected.
In the event that the board member or alternate ceases to be a member
of the organization represented, he/she shall no longer be eligible to
serve on the board. Alternates may not hold an officer position on the
board.
(2) Low-Income Representatives:
(A) The CSBG Act and its amendments require repre-
sentation of low-income individuals on boards. The CSBG statute re-
quires that not fewer than one-third of the members shall be represen-
tatives of low-income individuals and families and that they shall be
chosen in accordance with democratic selection procedures adequate to
assure that these members are representative of low-income individuals
and families in the neighborhoods served; and that each representative
of low-income individuals and families selected to represent a specific
neighborhood within a community resides in the neighborhood repre-
sented by the member.
(B) Board members representing low-income individu-
als and families must be selected in accordance with a democratic pro-
cedure. This procedure, as detailed in subparagraph (D) of this para-
graph, may be either directly through election, public forum, or, if not
possible, through a similar democratic process such as election to a
position of responsibility in another significant service or community
organization such as a school PTA, a faith-based organization leader-
ship group; or an advisory board/governing council to another low-in-
come service provider; For a Private Nonprofit Entity the democratic
selection process must be detailed in the agency's Certificate of For-
mation/Articles of Incorporation or bylaws, but the method detailed in
the bylaws (if so described) must not be inconsistent with any method
of selection of Board members outlined in the Certificate of Forma-
tion/Articles of Incorporation; failure to comply could result in a de-
fault procedure that does not meet the CSBG requirements and poten-
tially jeopardizes the Eligible Entity status of the organization as de-
tailed in 6.213 of this subchapter (relating to Board Responsibility).
For a Public Organization the democratic procedure must be written in
the advisory board's procedures, and approved at a board meeting.
(C) Every effort should be made by the Private Non-
profit Entity or Public Organization to assure that low-income represen-
tatives are truly representative of current residents of the CSBG Service
Area, including racial and ethnic composition, as determined by peri-
odic selection or reselection by the community. "Current" should be
defined by the recent or annual demographic changes as documented
in the needs/Community Assessment. This does not preclude extended
service of low-income community representatives on boards, but it
does suggest that continued board participation of longer term mem-
bers be revalidated and kept current through some form of democratic
process.
(D) The procedure used to select the low-income rep-
resentative must be documented to demonstrate that a democratic se-
lection process was used. Among the selection processes that may be
utilized, either alone or in combination, are:
(i) selection and elections, either within neighbor-
hoods or within the community as a whole; at a meeting or conference,
to which all neighborhood residents, and especially those who are poor,
are openly invited;(ii) selection of representatives to a commu-
nity-wide board by members of neighborhood or sub-area boards who
are themselves selected by neighborhood or area residents;
(iii) selection, on a small area basis (such as a city
block); or
(iv) selection of representatives by existing organi-
zations whose membership is predominately composed of poor per-
sons.
(E) A Public Organization must not adopt a democratic
selection process that requires all of the low-income representatives to
reside in the political boundaries of the Public Organization, or that
excludes all residents not in the political boundaries of the Public Or-
ganization from all participation in the democratic selection of all of
the low-income representatives.
(3) Representatives of Private Groups and Interests.
(A) The Private Nonprofit or Public Organization shall
select the remainder of persons to represent the private sector on the
board or it may select private sector organizations from which repre-
sentatives of the private sector organization would be chosen to serve
on the board.
(B) The individuals and/or organizations representing
the private sector should be selected in such a manner as to assure that
the board will benefit from broad community involvement. The board
composition for the private sector shall draw from officials or mem-
bers of business, industry, labor, religious, law enforcement, education,
school districts, representatives of education districts and other major
groups and interests in the community served.
(f) An Eligible Entity must have written procedures under
which a low-income individual, community organization, religious
organization, or representative of such may petition for adequate
representation on the board of the Eligible Entity. Such petitions must
be heard at a subsequent board meeting not more than 120 days after
receiving the petition.
(g) Improperly Constituted Board. If the Department deter-
mines that a board of an Eligible Entity is improperly constituted, the
Department shall prescribe the necessary remedial action, a timeline
for implementation, and possible sanctions as described in 2.202 of
this title (relating to Sanctions and Contract Closeout).
6.211. Board Administrative Requirements.
(a) Compensation. Board members, including advisory board
members, are not entitled to compensation for their service on the
board. Reimbursement of reasonable and necessary expenses incurred
by a board member in carrying out his/her duties is allowed.
(b) Conflict of Interest. Board members must follow the con-
flict of interest requirements in UGMS or TxGMS, as applicable, for
both procurement and non-procurement transactions.
(c) Board Service. No employee of the local CSBG Subrecip-
ient or of the Department may serve on the board.
(d) Interim Appointments. A seated board member is permit-
ted to be appointed to serve in an interim executive capacity, such as an
interim Executive Director, for up to 180 days so long as the Depart-
ment is so notified, the board member did not participate in the vote
that designated them for the position, the board member does not vote
during the period for which they serve in the position, and the mem-
ber is not considered a board member for purposes of quorum. In such
cases, the board member seat is not considered vacated, and is avail-
able for that board member to return.
6.212. Board Size.PROPOSED RULES September 17, 2021 46 TexReg 6043
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Secretary of State. Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021, periodical, September 17, 2021; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1385246/m1/61/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.