Section 505.10 - Board Committees(a) Committee appointments. Appointments to standing committees and ad hoc committees shall be considered annually by the board's presiding officer to assist in carrying out the functions of the board under the provisions of the Act. Committee appointments shall be made by the presiding officer for a term of two years but may be terminated at any point by the presiding officer. Committee members may be re-appointed at the discretion of the presiding officer. The board's presiding officer shall be an ex officio member of each standing committee and ad hoc committee and chair of the executive committee.(b) Committee actions. The actions of the committees are recommendations only and are not binding until ratification by the board at a regularly scheduled meeting.(c) Committee meetings. Committee meetings shall be held at the call of the committee chair, and a report to the board at its next regularly scheduled meeting shall be made by such chair or, in the absence of the chair, by another board member serving on the committee.(d) Vacancies. If for any reason a vacancy occurs on a committee, the board's presiding officer may appoint a replacement in accordance with subsection (a) of this section.(e) Standing committee structure and charge to committees. The standing committees shall consist of policy-making committees and working committees comprised of the following individuals and shall be charged with the following responsibilities. (1) The executive committee shall be a policy-making committee comprised of the board's presiding officer, assistant presiding officer, secretary, treasurer, immediate past presiding officer of the board if still serving on the board, and at least one other officer elected by the board. The executive committee shall also be the board's audit committee. The executive committee may act on behalf of the full board in matters of urgency, or when a meeting of the full board is not feasible; the executive committee's actions are subject to full board ratification at its next regularly scheduled meeting. The functions of the executive committee shall be to advise, consult with, and make recommendations to the board concerning matters requested by the board's presiding officer, including: (A) the board's budget and finances;(C) emergency suspensions pursuant to § 519.12 of this title (relating to Emergency Suspension);(D) emergency rulemaking pursuant to §2001.034 of the Administrative Procedure Act;(E) amendments to the Act;(F) responses/positions relating to papers, reports, and other submissions from national or international associations or boards;(G) legislative oversight, including, but not limited to, budget, performance measures, proposed changes in legislation affecting the board, and computer utilization; and(2) The CPE committee shall be a working committee comprised of at least two board members, one of whom shall serve as chair, assisted by at least two non-board members who shall serve in an advisory capacity. The committee shall make recommendations to the board regarding:(A) the mandatory CPE program in accordance with Chapter 523 of this title (relating to Continuing Professional Education);(B) investigations of sponsor compliance with the terms of the sponsor agreements, including the related recordkeeping requirements;(C) the results of monitoring CPE courses for the purpose of evaluating the facilities, course content as presented, and the adequacy of the course presenter(s);(D) any significant deficiencies observed in carrying out subparagraphs (B) and (C) of this paragraph; and(E) make recommendations to the board's policy-making committees (the executive committee and the rules committee) concerning proposed changes in board rules, opinions, and policies related to the mandatory CPE program as it relates to licensees and to relations with sponsors of CPE.(3) The qualifications committee shall be a working committee comprised of at least two board members, one of whom shall serve as chair, assisted by at least two non-board members who shall serve in an advisory capacity. The committee shall make recommendations to the board regarding: (A) the educational qualifications of an applicant for the UCPAE in accordance with Chapter 511, Subchapter C of this title (relating to Educational Requirements) and courses that may be used to meet the education requirements to take the examination;(B) the administration, security, discipline, and other aspects of the conduct of the UCPAE in Texas;(C) the work experience qualifications of an applicant for the CPA certificate in accordance with §§ 511.121- 511.124 of this title (relating to Experience Requirements); and(D) recommendations to the board's policy-making committees (the executive committee and the rules committee) concerning proposed changes in board rules, opinions, and policies relating to the qualifications process.(4) The licensing committee shall be a working committee comprised of at least two board members, one of whom shall serve as chair, assisted by at least two non-board members who shall serve in an advisory capacity. The committee shall make recommendations to the board regarding:(A) applications for certification, registration, and licensure;(B) where applicable, the equivalency examination measuring the professional competency of an applicant for a CPA certificate by reciprocity; and(C) recommendations to the board's policy-making committees (the executive committee and the rules committee) concerning proposed changes in board rules, opinions, and policies as they relate to the licensing process.(5) The behavioral enforcement committee shall be a working committee comprised of at least two board members, one of whom shall serve as chair, assisted by at least two non-board members who shall serve in an advisory capacity. The committee shall: (A) review requests or applications for reinstatement of any certificate, registration, or license which the committee recommended and the board revoked, suspended, or refused to renew;(B) investigate complaints involving alleged violations of the Act and the board's rules, primarily concerning behavioral issues, and based upon its findings, make recommendations to the board or authorize the staff to offer an agreed consent order, or in the alternative, to litigate the findings of Act or rule violations;(C) follow up on board orders to insure that licensees and certificate holders and others adhere to sanctions prescribed by or agreements with the board; and(D) make recommendations to the board's policy-making committees (the executive committee and the rules committee) concerning proposed changes in board rules, opinions, and policies related to the behavioral restraints of the rules and the Act.(6) The technical standards review committee shall be a working committee comprised of at least two board members, one of whom shall serve as chair, assisted by at least three non-board members who shall serve in an advisory capacity. The committee shall: (A) review requests or applications for reinstatement of any certificate, registration, or license which the committee recommended and the board revoked, suspended, or refused to renew;(B) investigate complaints from any source involving alleged violations of the Act and the board's rules, primarily concerning technical issues and based upon its findings, make recommendations to the board or authorize the staff to offer an agreed consent order, or in the alternative, to litigate the findings of Act or rule violations;(C) follow up on board orders to insure that licensees or certificate holders and others adhere to sanctions prescribed by or agreements with the board; and(D) make recommendations to the board's policy-making committees (the executive committee and the rules committee) concerning proposed changes in board rules, opinions, and policies related to enforcement of technical standards.(7) The peer review committee shall be a working committee comprised of at least two board members, one of whom shall serve as chair, assisted by at least two non-board members who shall serve in an advisory capacity. The committee shall:(A) conduct a periodic review of firms in accordance with Chapter 527 of this title (relating to Peer Review);(B) refer to the technical standards review committee firms with deficient reviews for which educational rehabilitation has not been effective; and(C) make recommendations to the board's policy-making committees (the executive committee and the rules committee) concerning proposed changes in board rules, opinions, and policies relating to the peer review program.(8) The board rules committee shall be a policy-making committee comprised of at least three board members, one of whom shall serve as chair. The committee shall make recommendations to the board concerning the board's rules, opinions and policies. All working committees shall refer proposed changes to the board's rules, opinions and policies to the rules committee for consideration for recommendation to the board.(9) The peer assistance oversight committee shall be a working committee comprised of at least two board members, one of whom shall serve as chair, assisted by at least two non-board members who shall serve in an advisory capacity. The committee shall oversee the peer assistance program administered by the TXCPA as required under the Texas Health and Safety Code, § 467.001(1)(B), and insure that the minimum criteria as set out by the Department of State Health Services are met. It shall make recommendations to the board and the TXCPA regarding modifications to the program and, if warranted, refer cases to other board committees for consideration of disciplinary or remedial action by the board. The committee shall report to the board on a semi-annual basis, by case number, on the status of the program.(10) The constructive enforcement committee shall be a working committee comprised of at least two board members, one of whom shall serve as chair, assisted by non-board CPA members. At least one Committee member shall be a public member of the board. The committee shall approve the constructive enforcement program, coordinate its activities with board committees and staff, and supervise the training of constructive enforcement advisory committee members. A staff attorney of the board shall supervise the day to day administration of the constructive enforcement program and activities of the committee's non-board members on behalf of the committee chairman. The committee shall:(A) investigate matters forwarded to the committee from any other board committee or board staff in accordance with board instruction and policy;(B) prepare, as appropriate, investigative reports regarding each referred matter;(C) inform referring board committees or board staff of the results of its investigations;(D) inform the appropriate committee when possible violations of board rules and the Act are observed; and(E) make recommendations to the board's policy-making committees (the executive committee and the rules committee) concerning proposed changes in board rules, opinions, and policies relating to the constructive enforcement program.(f) Ad hoc advisory committees. Ad hoc advisory committees may be established by the board's presiding officer and members and advisory members appointed as appropriate.(g) Policy guidelines. All advisory committee members performing any duties utilizing board facilities and/or who have access to board records, shall conform and adhere to the standards, board rules, and personnel policies of the board as described in its personnel manual and to the laws of the State of Texas governing state employees.(h) Conflicts of interest. To avoid a conflict of interest or the appearance of a conflict of interest, no committee member may provide a report or expert testimony for or otherwise advocate on behalf of a complainant or a respondent in a disciplinary matter pending before the board while serving on a standing committee of the board.22 Tex. Admin. Code § 505.10
The provisions of this §505.10 adopted to be effective December 26, 1988, 13 TexReg 6157; amended to be effective October 11, 1989, 14 TexReg 5070; amended to be effective October 30, 1989, 14 TexReg 5547; amended to be effective June 5, 1991, 16 TexReg 2876; amended to be effective May 28, 1992, 17 TexReg 3635; amended to be effective March 5, 1993, 18 TexReg 1165; amended to be effective October 20, 1993, 18 TexReg 6951; amended to be effective June 9, 1994, 19 TexReg 4198; amended to be effective September 21, 1995, 20 TexReg 7076; amended to be effective February 26, 1996, 21 TexReg 1095; amended to be effective February 12, 1998, 23 TexReg 1024; amended to be effective August 23,1998, 23 TexReg 8438; amended to be effective August 19, 1999, 24 TexReg 6295; amended to be effective April 15, 2001, 26 TexReg 2712; amended to be effective August 15, 2002, 27 TexReg 7120; amended to be effective October 15, 2003, 28 TexReg 8945; amended to be effective August 4, 2004, 29 TexReg 7304; amended to be effective April 13, 2005, 30 TexReg 2067; amended to be effective October 13, 2005, 30 TexReg 6433; amended to be effective June 7, 2006, 31 TexReg 4643; amended to be effective October 15, 2008, 33 TexReg 8514; amended to be effective December 9, 2009, 34 TexReg 8726; amended to be effective April 13, 2011, 36 TexReg 2245; amended to be effective April 11, 2012, 37 TexReg 2404; amended to be effective April 16, 2014, 39 TexReg 2852; Amended by Texas Register, Volume 41, Number 41, October 7, 2016, TexReg 8068, eff. 10/12/2016; Amended by Texas Register, Volume 45, Number 48, November 27, 2020, TexReg 8519, eff. 12/2/2020; Amended by Texas Register, Volume 48, Number 05, February 3, 2023, TexReg 0517, eff. 2/8/2023