TBCE Proposes New Rules 80.1 though 80.5
Written by Editor   
Thursday, July 23, 2015 10:48 PM

The Texas Board of Chiropractic Examiners (Board) proposes new Chapter 78 and §§80.1 - 80.5, concerning General Regulatory Provisions. The new rules are necessary in order to comply with Legislative requirements regarding dual office holding, merit selection principles, sick leave pool, private donors and contract monitoring.

These rules were proposed after a comprehensive review of legislatively mandated rule provisions provided by the Office of the Attorney General. 

Comments on the proposed rules and/or a request for a public hearing on the proposed rules may be submitted to Bryan D. Snoddy, General Counsel, Texas Board of Chiropractic Examiners, 333 Guadalupe St, Tower III, Suite 825, Austin, TX 78701; fax: (512) 305-6705 or [email protected], no later than 30 days from the date that this proposed rules are published in the Texas Register.

§80.1.Dual Office Holding.

(a) Pursuant to Texas Government Code Chapter 574 (regarding Dual Office Holding), an employee of the Board who is a non-elective state officer may not accept an offer to serve in another non-elective office unless the officer obtains from the Board a finding that the officer has satisfied Article XVI, Section 40, of the Texas Constitution.

(b) The minutes of the Board meeting will include the finding that was made and any compensation that the non-elective officer is to receive from holding the additional office, including salary, bonus, or per diem payment.

§80.2.Merit Selection Principles.

(a) Pursuant to Texas Government Code Chapter 655 (regarding Merit Selection Principles), the following principles will be effective if the Board becomes required by federal law or regulation to use a merit system of personnel administration for the Board or for a program administered under the Board.

(b) The Board shall establish policies and procedures to ensure compliance with the federal requirements; and the recruitment, selection, and advancement of highly competent Board personnel.

(c) The Board shall ensure that it:

(1) recruits, selects, and promotes its employees according to the relative abilities, knowledge, and skills of the applicants or employees;

(2) provides equitable and adequate compensation to an employee;

(3) provides any employee training necessary to ensure performance of a high quality;

(4) uses the adequacy of an employee's job performance to determine whether the employee will be retained;

(5) treats a job applicant or employee fairly in all aspects of personnel administration;

(6) complies fully with state and federal equal opportunity and nondiscrimination laws; 

(7) protects an employee against coercion for partisan political purposes and prohibits the employee from using employment status to interfere with or affect the result of an election or nomination for office; and

(8) implements any additional merit principles required by federal law or regulation.

§80.3.Sick Leave Pool.

(a) Pursuant to Government Code Chapter 661, Subchapter A (regarding Sick Leave Pool), the Board authorizes a sick leave pool program to allow a Board employee to voluntarily transfer earned sick leave to a pool for use by other employees.

(b) The executive director or designee shall administer the sick leave pool.

(c) The prescribed procedures relating to the operation of the sick leave pool will be itemized in the Board's Employee Handbook.

§80.4.Private Donors.

(a) Pursuant to Government Code §441.006(b)(2), Government Code Chapter 575, Government Code Chapter 2255, and the General Appropriations Act, this section establishes the criteria, procedures and standards of conduct governing the relationship between the Board and its members and employees and private donors. This section authorizes the Board to accept donations it determines are in the public interest to accept, and that further its goals and programs.

(b) A private donor may make monetary or non-monetary donations, including contributions and gifts, to the Board to be spent or used for public purposes. Use by the Board of the donation must be consistent with the mission and duties of the Board. If the donor specifies the purpose of the donation, the Board should use the donation for that purpose. A donation may be accepted only if it does not influence or reasonably appear to influence, the Board or staff in the performance of official duties.

(c) On behalf of the Board, the executive director may accept donations that do not exceed $500 in value. Donations that exceed $500 in value must be accepted by the Board in open meeting. Acceptance of the donation by the Board will be recorded in the minutes, together with the name of the donor, description of the donation and a statement of the purpose of the donation, if any.

(d) Monetary donations must be spent in accordance with the State Appropriations Act and deposited in the state treasury unless statutorily exempted. Reimbursements for employee travel expenses or other operating expenses are not considered to be donations.

(e) The Board may document terms or conditions relating to the donation through an agreement with the donor.

§80.5.Contract Monitoring.

Contract monitoring, when applicable, is primarily conducted by the administrative staff of the Board under the authority and direction of Government Code §2261.202.


Filed with the Office of the Secretary of State on July 6, 2015.

Earliest possible date of adoption: August 16, 2015

Source: http://www.sos.state.tx.us/texreg/archive/July172015/Proposed%20Rules/22.EXAMINING%20BOARDS.html#34