Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021 Page: 6,044
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(a) Board Service Limitations for Private Nonprofit Entities
and Public Organizations. The Eligible Entity may establish term limits
and/or procedures for the removal of board members.
(b) Vacancies/Removal of Board Members.
(1) Vacancies. Except as allowed under 6.211(d) of this
subchapter (relating to Interim Appointments) the board shall not allow
a public, private, or low-income sector board position to remain vacant
for more than 90 days. An Eligible Entity shall report the number of
board vacancies by sector in its Monthly Performance and Expenditure
Report. Compliance with the CSBG Act requirements for board mem-
bership is a condition for Eligible Entities to receive CSBG funding.
There is no provision for a waiver or exception to these requirements.
(2) Removal of Board Members/Private Nonprofit Entities.
Public officials or their representatives, may be removed from the board
either by the board or by the entity that appointed them to serve on the
board. Other members of the board may be removed by the board or
pursuant to any procedure provided in the private nonprofit's Certificate
of Formation/Articles of Incorporation or bylaws.
(3) Removal of Board Members/Public Organizations.
Public officials or their representatives may be removed from the
advisory board by the Public Organization, or by the advisory board if
the board is so empowered by the Public Organization. The advisory
board may petition the Public Organization to remove an advisory
board member. All other board members may be removed by the
advisory board.
(4) In order to meet the 1/3 requirement for the Public Of-
ficial representation detailed in 6.210 of this subchapter (relating to
Board Structure), board size shall be a number divisible by three.
6.213. Board Responsibility.
(a) Tripartite boards have a fiduciary responsibility for the
overall operation of the Eligible Entity. Members are expected to carry
out their duties as any reasonably prudent person would do.
(b) At a minimum, board members are expected to:
(1) Maintain regular attendance of board and committee
meetings;
(2) Develop thorough familiarity with core agency infor-
mation as appropriate, such as the agency's bylaws, Certificate of For-
mation/Articles of Incorporation, sources of funding, agency goals and
programs, federal and state CSBG statutes;
(3) Exercise careful review of materials provided to the
board;
(4) Make decisions based on sufficient information;
(5) Ensure that proper fiscal systems and controls, as well
as a legal compliance system, are in place;
(6) Maintain knowledge of all major actions taken by the
agency; and
(7) Receive regular reports that include:
(A) Review and approval of all funding requests (in-
cluding budgets);
(B) Review of reports on the organization's financial sit-
uation;
(C) Regular reports on the progress of goals specified
in the Performance Statement or program proposal;
(D) Regular reports addressing the rate of expenditures
as compared to those projected in the budget;(E) Updated modifications to policies and procedures
concerning employees and fiscal operations;
(F) Updated information on community conditions that
affect the programs and services of the organization; and
(G) Reports on any monitoring correspondence trans-
mitted by the Department.
(c) Individuals that agree to participate on a tripartite govern-
ing board, accept the responsibility to assure that the agency they rep-
resent continues to:
(1) Assess and respond to the causes and conditions of
poverty in their community;
(2) Achieve anticipated family and community outcomes;
and
(3) Remains administratively and fiscally sound.
(d) Excessive absenteeism of board members compromises
the mission and intent of the program.
6.214. Board Meeting Requirements.
(a) A Board of an Eligible Entity must meet and have a quorum
at least once per calendar quarter, and at a minimum five times per year
and, must give each Board member a notice of meeting five calendar
days in advance of the meeting.
(b) Tex. Gov't Code, Chapter 551, Texas Open Meetings Act,
addresses specific requirements regarding meetings and meeting no-
tices. Tex. Gov't Code, 551.001(3)(J), includes in the definition of
a governmental body a nonprofit corporation that is eligible to receive
funds under the federal CSBG program, and that is authorized by the
state to serve a geographic area of the state. Thus, all Eligible Entities
must follow the requirements of the Texas Open Meetings Act. As set
forth in that law, there is the potential for individual criminal liability
for violations.
(c) Tex. Gov't Code, 551.005 requires elected or appointed
officials to receive training in Texas Open Government laws. The De-
partment requires that all board members or advisory board members
receive training in Texas Open Government laws, according to the re-
quirements of 551.005.
(d) A copy of the attendance roster for all Board trainings shall
be maintained at the Subrecipient level.
(e) The minimum number of members required to meet quo-
rum is three unless the Subrecipient's Certification of Formation/Arti-
cles of Incorporation, bylaws, or the Texas Open Meetings Act requires
a greater number.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on September 3,
2021.
TRD-202103489
Bobby Wilkinson
Executive Director
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: October 17, 2021
For further information, please call: (512) 475-1762
44446 TexReg 6044 September 17, 2021 Texas Register
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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/m1/62/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.