Monday, May 04, 2015
OFFICIAL GAZETTE
(Evening Version)
Article 34. The National Council may operate in Plenary or in committees. The Plenary will meet at least
every six months, convened by its Chairman or one half plus one of its members. The convener shall prepare
the agenda of the matters to be discussed.
The quorum for meetings of the National Council shall be composed of half plus one of its members.
Decisions shall be taken by a majority of the members present.
The President of the National Council will also be empowered to promote at all times the effective coordination
and operation of the National System.
Article 35. Members of the National Council may propose resolutions or internal regulations that allow the
better functioning of the National System.
Article 36. The National System shall have an Executive Secretary appointed by the Plenary of the Institute
and shall have the following powers:
I.
Implement and monitor the agreements and resolutions of the National Council and its President;
II.
Report regularly to the National Council and its President about its activities;
III.
Verify compliance with programs, strategies, actions, policies and services adopted by the National
Council;
IV.
Prepare and publish reports of the National Council, and
V.
Collaborate with members of the National System to strengthen and ensure efficient coordination
mechanisms.
Chapter II
Guarantor Agencies
Article 37. The Guarantor Agencies are autonomous, specialized, independent, impartial and collegiate
bodies, with legal personality and own assets, with full technical and management autonomy, ability to decide
on the exercise of their budget and determine their internal organization, responsible for ensuring, within the
scope of their competence, the exercise of the rights of access to information and protection of personal data in
accordance with the principles and foundations established by Article 6th. of the Constitution of the United
Mexican States, as well as the provisions of this Act and other applicable provisions.
The Federal Law and those of the States will determine the structure and functions of the Guarantor Agencies,
as well as integration, tenure, requirements, selection procedure, incompatibility regimes, excuses, resignations,
licenses and substitutions of the members of said Guarantor Agencies in accordance with the provisions of this
Chapter.
Article 38. The Congress of the Union, the Congresses of the States and the Federal District Legislative
Assembly, in order to ensure a collegiate and autonomous integration of the Guarantor Agencies, shall provide in
its composition an odd number and its members will be referred to as Commissioners. They shall, at its
conformation, favor the experience in access to public information and protection of personal data, and ensure
gender equality. The term of office will not exceed seven years and will be conducted in a phased manner to
ensure the principle of autonomy.
In procedures for the selection of Commissioners transparency, independence and participation of the society
should be ensured.
Article 39. Commissioners may only be removed from office under the terms of Title IV of the Constitution of
the United Mexican States and will be subject to impeachment.
Article 40. Guarantor Agencies will have the administrative structure required for the management and
performance of their duties.
The Congress of the Union, the Congresses of the States and the Federal District Legislative Assembly shall
provide adequate and sufficient budget to Guarantor Agencies for the effective functioning and implementation of
this Act, federal and state laws as appropriate, in accordance with the laws on budget and fiscal responsibility.
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