Sec. 2008.056. DUTIES OF NEGOTIATED RULEMAKING COMMITTEE AND FACILITATOR. (a) The facilitator shall preside over meetings of the negotiated rulemaking committee and assist the members of the committee:
(1) to establish procedures for conducting negotiations; and
(2) to discuss, negotiate, mediate, and employ other appropriate alternative dispute resolution processes to arrive at a consensus on the proposed rule.
(b) It is presumed that the committee has reached a consensus on a matter only if the consensus is unanimous, unless the committee unanimously:
(1) agrees to define a consensus to mean a general rather than a unanimous consensus; or
(2) agrees to define the term in another manner.
(c) The facilitator shall encourage the members of the committee to reach a consensus but may not compel or coerce the members to do so.
(d) At the conclusion of the negotiations, the committee shall send a written report to the agency that:
(1) contains the text of the proposed rule, if the committee reached a consensus on the proposed rule; or
(2) specifies the issues on which the committee reached consensus, the issues that remain unsolved, and any other information, recommendations, or materials that the committee considers important, if the committee did not reach a consensus on the proposed rule.
Added by Acts 1997, 75th Leg., ch. 1315, Sec. 1, eff. Sept. 1, 1997.
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