Section 854.60 - BET Elected Committee of Managers' Duties and Responsibilities(a) Authority. The Elected Committee of Managers (ECM) is created and shall operate under 20 USC § 107b(1) of Chapter 6A of Title 20, known as the Randolph-Sheppard Act.(b) Relationship to the Agency. ECM shall be presumed as the sole representative of all licensees to the Agency in matters contained in the Randolph-Sheppard Act and implementing regulations requiring the active participation of the ECM. Active participation means an ongoing process of good-faith negotiations between ECM and the Agency in the development of BET policies and procedures before implementation. The Agency shall have the ultimate responsibility for the administration and operation of all aspects of BET and has final authority in decisions affecting BET.(c) Relationship to licensees. (1) It shall be the sole responsibility of the licensees who elect the members of ECM to ensure that the individuals elected represent all licensees.(2) ECM shall, in addition to all other matters set forth in this subchapter or by law or regulation affecting the administration of BET, act as an advocate for licensees and shall strive to improve and expand BET and make it profitable and successful to the greatest extent possible for the mutual benefit of the Agency and of the legally blind individuals physically present in Texas who participate in the program.(d) BET policies, rules, and procedures. In all matters related to policies and rules, the Agency has the ultimate responsibility and the ultimate authority for their establishment and adoption. ECM shall actively participate in the consideration of significant BET decisions and in deliberations of rules and policies affecting BET. Whenever the Agency or ECM wishes to consider policies or rules related to BET, the Agency shall request that ECM participate in the Agency rule-drafting workshops to be conducted by the BET director. The BET director will work with ECM in a good-faith effort to agree in matters related to rule and policy changes.(e) BET administrative decisions. In matters concerning the administration of BET, the Agency holds the ultimate responsibility and authority for making administrative decisions affecting BET. The BET director shall establish and maintain a continuing dialogue and exchange of information with ECM about decisions regarding the administration of BET and shall seek ECM input and advice on all significant decisions affecting the administration of the program. In cooperation with the ECM chair and other members of ECM that the ECM chair considers necessary and appropriate, the BET director shall develop and implement methods of establishing and maintaining the dialogue and exchange of information. The methods developed shall be set out in detail in a written format and shall be included in the BET manual.(f) Exclusions from participation. ECM, its members, and BET managers are not employees, officers, or officials of the State of Texas. Therefore, ECM shall not participate in any decision-making process regarding Agency personnel, personnel policies, or personnel administration.(g) Structure. ECM shall, to the extent possible, be composed of licensees who are representative of all licensees in BET based on such factors as geography and facility type and size. Two representatives shall be elected from each designated ECM region created by the Agency with the active participation of ECM and as regions may be revised or modified.(h) Qualifications. ECM shall establish qualifications for candidates as well as the procedures for voting, tabulating, and announcing results. The Agency shall provide such advice and counsel as may be requested by ECM to accomplish all elections of representatives to ECM.(i) Term of office. The term of office for ECM members shall be two years, beginning on January 1 following the election. Even- and odd-numbered districts shall alternate election years. Any ECM member elected to fill a vacancy shall serve the remainder of the unexpired term of the manager who vacated a position.(j) Meetings. ECM shall meet once during each calendar year to elect officers and additionally as it may establish by bylaw. The ECM chair shall provide a written meeting agenda to the BET director 10 business days before each meeting.(k) Internal procedures of ECM. ECM shall establish bylaws to govern its internal operation and order of business and shall provide the Agency with a copy.(l) Travel expenses. (1) Expenses for travel, meals, lodging, or other related expenses incurred by ECM representatives must be preapproved by the Agency.(2) When representing a manager at a full evidentiary hearing, the ECM representative shall be reimbursed for travel, meals, and lodging at the rate allowed for travel by Agency staff members.40 Tex. Admin. Code § 854.60
Adopted by Texas Register, Volume 44, Number 26, June 28, 2019, TexReg 3300, eff. 9/1/2019; Amended by Texas Register, Volume 47, Number 26, July 1, 2022, TexReg 3825, eff. 7/4/2022