(a) Membership. The board is composed of nine members appointed by the governor. Four members must be selected from the general public. Five members must be eligible for licensure under the Act, at least one of whom must be a professional educator in marriage and family therapy. These members must have engaged in the practice or education of marriage and family therapy for at least five years, or have 5,000 hours of clinical experience in the practice of marriage and family therapy.     
      (b) Terms. Members of the board hold office for staggered six-year terms. Three members' terms expire February 1 of each odd-numbered year.     
      (c) Vacancies. In the event of a vacancy, the governor will appoint a replacement who meets the qualifications of the vacated office to fill the unexpired part of the term.     
      (d) Elections. At the meeting held nearest to August 31 of each year, the board will elect a vice-chair by a majority vote of the members present.     
      (e) Officers.      
        (1) Chair. The chair is appointed by the governor and serves at the will of the governor.                  (A) The chair presides at all meetings he or she attends and performs all duties prescribed by law and board rules.                   (B) The chair is authorized by the board to make minor procedural decisions regarding board activities in order to facilitate the responsiveness and effectiveness of the board. The executive director or the executive director's designee will keep a record of the minor procedural decisions and include them in a report to the board.         
        (2) Vice-chair.                  (A) The vice-chair performs the duties of the chair in the absence or disability of the chair.                   (B) In the event of a vacancy, the vice-chair serves as chair until the governor appoints or designates a new chair.         
      (f) Committees. The chair may appoint board members to committees to assist the board in its work. All committees must consist of no more than four members and must make reports to the board at regular meetings.     
      (g) Compensation. No board member may receive compensation for serving on the board. Each member is entitled to reimbursement of travel expenses for each day the member performs board functions.     
      (h) Meetings.      
        (1) Agendas.                  (A) The executive director or the executive director's designee must prepare and submit to each board member an agenda which includes items required by law, items requested by members, and other matters of board business approved by the chair.                   (B) The official agenda of a board meeting must be filed with the secretary of state as required by Texas Government Code, Chapter 551 (relating to Open Meetings).         
        (2) Frequency of meetings. The board must meet at least biannually and may meet at other times as the chair deems necessary. All meetings must be conducted in accordance with Texas Government Code, Chapter 551 (relating to Open Meetings).       
        (3) Attendance. It is grounds for removal from the board if a member is absent from more than half of the regularly scheduled board meetings the member is eligible to attend during the calendar year without an excuse approved by majority vote of the board. The chair must notify the governor a potential ground for removal exists. The attendance records of the members must be made available to the governor of the State of Texas and the Texas Sunset Advisory Commission.       
        (4) Transaction of official business. The board may transact official business only when it is a legally constituted meeting with a quorum present. Five members of the board constitute a quorum.       
      (i) The board is not bound in any way by any statement or action on the part of any board member, committee member, or staff member, except when a statement or action is in pursuance of the specific instruction of the board. Board member or staff member opinions, except when a statement or action is in pursuance of the specific instructions of the board, about ethical dilemmas or practice issues should never be substituted for appropriate professional consultation or legal advice.     
      (j) Training. A person who is appointed to and qualifies for office as a board member may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program meeting the requirements established in Texas Occupations Code §502.059 (relating to Training Requirements) and Texas Government Code Chapter 551 (relating to Open Meetings).     
     Source Note:        The provisions of this §801.11 adopted to be effective October 5, 2020, 45 TexReg 7021