Part 1.
TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 4.
EMPLOYMENT PRACTICES
Subchapter F. EMPLOYEE TRAINING AND EDUCATION
43 TAC §4.62-4.64
The Texas Department of Transportation adopts amendments
to §§4.62-4.64, concerning the department's employee training and
education program. The amendments are adopted without changes to the text
as proposed by publication in the October 15, 1999 issue of the
Texas Register
(24 TexReg 8930), and will not be republished.
EXPLANATION OF ADOPTED AMENDMENTS
Government Code, §656.048 requires state agencies to adopt rules relating
to the eligibility of the department's administrators and employees for training
and education supported by the state agencies and the obligations assumed
by the administrators and employees on receiving the training and education.
Senate Bill 223, 76th Legislature, 1999, amended Government Code, Chapter
656 to require a state agency to adopt a policy governing the training of
employees, in addition to the rules required by §656.048, that requires
employee training to relate to an employee's duties following the training.
Training includes a course of study at an institution of higher education
if the employing state agency spends money to assist an employee to meet the
expense of the course of study, or pays salary to an employee to undertake
the course of study as an assigned duty.
Senate Bill 223 requires an employee that receives training paid for by
a state agency, and who does not perform the employee's regular duties for
three or more months as a result of the training, to either work for the agency
following the training for at least one month for each month of the training
period, or pay the agency for all costs of training that were paid by the
agency, including any salary not accounted for as paid leave or compensatory
time. Under those provisions, only employees in the department's full-time
Master's Program are subject to the repayment of salary.
Sections 4.62-4.64 are amended to implement the requirements of Senate
Bill 223. Those sections are also amended to reflect organizational changes
within the department and to make other technical corrections.
Section 4.62 is amended to allow a district engineer, division director,
office director, or member of the administration to approve employee training,
and to determine that training will enhance an employee's ability to perform
current job duties or enable the employee to perform prospective job duties.
The term management team is no longer being used, therefore, it is deleted
from this section.
Section 4.63 is amended to specify that requirements for continued eligibility
for participation in the Education Assistance Program and full-time Master's
Program are contained in §4.63 in its entirety, rather than in specific
subsections. To reflect the proper usage within the department, §§4.63
and 4.64 are amended to change the term "administrator" to "member of the
administration." To reflect the correct paragraph allowing an employee to
remain in the Education Assistance Program, Non-Degree Program and Full-time
Master's Program after a course failure, §4.63 is amended to change §4.64(d)(2)
to §4.64(d)(5).
To comply with requirements of Government Code, Chapter 656, including
the requirements of Senate Bill 223, relating to the requirement that training
relate to an employee's job duties, §4.63 is amended to specify that
courses an employee takes while pursuing a general equivalency diploma must
provide skills relating to the employee's position. Similarly, §4.63
is amended to allow summer hires and temporary recruitment program employees
to take specific job related courses if the district engineer, division or
office director, or member of the administration determines that the course
is essential to enhancing the employee's ability to perform his or her job.
Section 4.63 is finally amended to add a new subsection relating to elective
courses. A district engineer, division director, office director, or member
of the administration would be authorized to reject an employee's choice of
electives if a determination is made that the elective is not related to the
employee's duties. However, no substitutions could be required for courses
required by the college or university for degree completion. This amendment
would comply with the requirements of Chapter 656, while at the same time
eliminating the payment of state funds for inappropriate electives.
Senate Bill 223 requires an employee who receives training, and does not
perform their regular duties for three or more months as a result of the training,
to reimburse the agency by either working for the agency for a period of time
or paying the agency for all training costs. To comply with this requirement, §4.64
is amended to require employees participating in the full-time Master's Program,
and who fail to complete their degree or to meet all conditions of employment
and eligibility, to repay the department for all assistance received, rather
than requiring both a work obligation and a repayment obligation.
When the department provides educational assistance to an employee who
receives a degree, it is more beneficial to the state for the department to
receive services from the employee utilizing that degree, rather than being
repaid for the assistance. A work obligation has been required for employees
receiving a degree in the full-time Master's Program, or in the Education
Assistance Program in a field of study outside the employee's current area
of responsibility. For the same reasons, §4.64 is amended to establish
a work obligation for those employees receiving a degree under the Education
Assistance Program in a field of study related to their current job. Those
employees earning a degree in a field of study related to their current job
will incur a one year work obligation. Employees that fail to meet all conditions
of employment and eligibility are required to repay the department for all
assistance received. This will enable the department to be recompensed for
the extensive assistance provided to an employee in a degree program.
Costs associated with training that an employee may be required to repay
under Senate Bill 223 include any amounts of an employee's salary that were
not accounted for as paid vacation or compensatory leave. Section 4.64 is
amended to clarify that an employee whose participation in the full-time Master's
Program is cancelled by the department must repay all funds associated with
the assistance received, including any portion of the employee's salary that
was paid and not accounted for as paid vacation or compensatory leave.
Employees in the Non-Degree Program take a limited number of courses, and
do not participate in the program for the purpose of receiving a degree, unlike
employees participating in the Education Assistance Program and full-time
Master's Program. In deciding what obligations would be assumed by department
employees who participate in these programs, the department has made a distinction
between those employees receiving a degree and those who do not receive a
degree. A similar distinction is also made between those programs leading
to a degree and those not leading to a degree.
It is more efficient and beneficial for the department to require a work
obligation from those employees receiving a degree, and to require repayment
in specified situations from employees not receiving a degree. Employees receiving
a degree in a field of study related to a current or prospective position
may utilize that degree in providing services to the department. Those employees
taking a limited number of courses typically will not be able to provide the
same level of services to the department. Moreover, employees in the Non-Degree
Program may only take a few courses, much fewer than those in the other two
programs, and that program is more widely used by department employees. As
a result, the resources spent in calculating and monitoring any repayment
obligation imposed on employees participating in the Non-Degree Program are
outweighed by the benefit to the department in having a number of employees
take courses as a requirement of their position, or that provide skills related
to that position.
Accordingly, §4.64 is amended to specify that an employee who is removed
or withdraws from the Non-Degree Program prior to course completion is liable
for repayment of all assistance provided. An employee pursuing a degree who
is removed or withdraws from the Education Assistance Program, or who separates
from department employment, is liable for repayment of all assistance provided
to that point. Moreover, an employee in the Education Assistance Program who,
after completing all degree requirements, fails to complete the required work
obligation, is responsible for all assistance provided by the department.
An employee who is removed or withdraws from the full-time Master's Program,
separates from department employment while participating in the program, or
who completes their degree but fails to complete their work obligation, is
liable for repayment of all education assistance provided by the department
during the time spent in the program. In accordance with Senate Bill 223,
for employees not performing their regular duties for three or more months
while participating in the program, the repayment obligation includes salary
not accounted for as paid vacation or compensatory leave.
To treat all education programs consistently, §4.64 is also amended
to specify that an employee's participation in the Non-Degree Program and
full-time Master's Program will be suspended if the employee is placed on
disciplinary probation. Pursuant to Senate Bill 223, §4.64 is also amended
to provide that an employee is liable to the department for any necessary
expense incurred by the department in obtaining any required payment, including
attorney's fees.
Senate Bill 223 provides that the governing board of a state agency, by
order adopted in a public meeting, may waive the requirements relating to
any work or repayment obligation, and may release an employee from the obligation
if the governing body finds that such action is in the best interest of the
agency or because of an extreme personal hardship suffered by the employee.
The obligations imposed by Senate Bill 223 apply by their terms to employees
participating in the Full-time Master's Program.
Pursuant to those provisions, §4.64 is finally amended to authorize
the executive director to approve the deferral or extension of any prescribed
repayment period if the student demonstrates an inability to pay due to hardship.
The Texas Transportation Commission, by minute order, may approve the reduction
or cancellation of the debt or service requirements of an employee participating
in the full-time Master's Program who departs the program to begin work for
another state agency, or who demonstrates an inability to pay or complete
the work obligation due to a hardship. The executive director may approve
the reduction or cancellation of the debt or service requirements for an Education
Assistance Program or Non-Degree Program employee, under the same conditions
as an approval by the commission.
COMMENTS
No comments were received on the proposed amendments.
STATUTORY AUTHORITY
The amendments are adopted under Transportation Code, §201.101, which
provides the Texas Transportation Commission with the authority to establish
rules for the conduct of the work of the Texas Department of Transportation.
More specifically, the amendments are adopted under Government Code, §656.048,
which requires state agencies to adopt rules relating to the eligibility of
the department's administrators and employees for training and education and
the obligations assumed by the administrators and employees on receiving the
training and education, and Government Code, §656.102, as added by Senate
Bill 223, which requires a state agency to adopt a policy governing the training
of employees, in addition to the rules required by §656.048, that requires
training to relate to an employee's duties following the training.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 31, 2000.
TRD-200000664
Richard Monroe
General Counsel
Texas Department of Transportation
Effective date: February 20, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 463-8630
Subchapter A. GENERAL
43 TAC §9.4
The Texas Department of Transportation adopts the repeal
of §9.4 concerning equal employment opportunity. The repeal is adopted
without changes to the text as proposed by publication in the November 12,
1999 issue of the
Texas Register
(24 TexReg
9987), and will not be republished.
EXPLANATION OF ADOPTED REPEAL
Title VI of the Civil Rights Act of 1964, codified at 42 USC §2000d
et seq.; the Federal Aid Highway Act of 1968, codified at 23 USC §140;
the Age Discrimination Act of 1975, codified at 42 USC §6101 et seq.;
and the Americans with Disabilities Act of 1990, codified at 42 USC 12117
et seq., require the department to ensure that contractors and subcontractors
performing on federally-assisted department contracts do not discriminate
based on race, color, creed, sex, national origin, age, or disability. Pursuant
to this authority, the commission previously adopted §9.4 to specify
the method by which the department ensures that contractors are in compliance
with these federal requirements.
Section 9.4 is repealed and simultaneously reenacted as new §9.4 in
a revised form to incorporate language previously codified in §15.12,
which is also simultaneously repealed. This revision will serve to better
parallel the federal requirements as codified at 42 USC §2000d and 23
USC §140. This revision will also provide clarification regarding the
extent to which contractors, subcontractors, consultants, and universities
are obligated to comply with federal requirements as codified at 42 USC §2000d
and 23 USC §140 on department contracts.
COMMENTS
No comments were received on the proposed repeal.
STATUTORY AUTHORITY
The repeal is adopted under Transportation Code, §201.101, which provides
the Texas Transportation Commission with the authority to establish rules
for the conduct of the work of the Texas Department of Transportation.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 31, 2000.
TRD-200000662
Richard Monroe
General Counsel
Texas Department of Transportation
Effective date: February 20, 2000
Proposal publication date: November 12, 1999
For further information, please call: (512) 463-8630
The Texas Department of Transportation
adopts new §9.4 concerning Civil Rights-Title VI Compliance. The new
section is adopted without changes to the text as proposed by publication
in the November 12, 1999 issue of the
Texas Register
(24 TexReg 9988), and will not be republished.
EXPLANATION OF ADOPTED NEW SECTION
Title VI of the Civil Rights Act of 1964, codified at 42 USC §2000d
et seq.; the Federal Aid Highway Act of 1968, codified at 23 USC §140;
the Age Discrimination Act of 1975, codified at 42 USC §6101 et seq.;
and the Americans with Disabilities Act of 1990, codified at 42 USC 12117
et seq., require the department to ensure that contractors and subcontractors
performing on federally-assisted department contracts do not discriminate
based on race, color, creed, sex, national origin, age, or disability. Pursuant
to this authority, the commission previously adopted §9.4 to specify
the method by which the department ensures that contractors are in compliance
with these federal requirements.
Section 9.4 is repealed and reenacted as new §9.4 in a revised form
to incorporate language previously contained in §15.12 of this title
which is simultaneously repealed. This revision will serve to better parallel
the federal requirements as codified at 42 USC §2000d and 23 USC §140.
This revision will also provide clarification regarding the extent to which
contractors, subcontractors, consultants, and universities are obligated to
comply with federal requirements as codified at 42 USC §2000d and 23
USC §140 on department contracts.
COMMENTS
No comments were received on the proposed new section.
STATUTORY AUTHORITY
The new section is adopted under Transportation Code, §201.101, which
provides the Texas Transportation Commission with the authority to establish
rules for the conduct of the work of the Texas Department of Transportation
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 31, 2000.
TRD-200000663
Richard Monroe
General Counsel
Texas Department of Transportation
Effective date: February 20, 2000
Proposal publication date: November 12, 1999
For further information, please call: (512) 463-8630
43 TAC §9.5
The Texas Department of Transportation adopts amendments
to §9.5 concerning special labor provisions for public works contracts.
The amendments are adopted without changes to the text as proposed by publication
in the November 12, 1999, issue of the
Texas Register
(24 TexReg 9988), and will not be republished.
EXPLANATION OF ADOPTED AMENDMENTS
Government Code, Chapter 2258 requires that workers employed on public
works projects be paid not less than the general prevailing rate of per diem
wages for work of a similar character in the locality in which the work is
performed. Pursuant to this authority, the commission previously adopted §9.5
to specify the method by which the department ensures that employees working
on department public works projects are paid at least the general prevailing
wage rate for the work being performed according to the project location.
All statutory references contained in §9.5 have been revised to refer
to the current amended or new statutory citations. In addition, several revisions
have been incorporated to reflect current department organizational structure.
Subsection (e) has been revised to reflect department operational changes
eliminating the submission of weekly payrolls which was placing an additional
administrative burden on districts. Emphasizing payroll interviews is a more
effective and accurate measure of compliance with Chapter 2258.021 of the
Government Code.
COMMENTS
No comments were received on the proposed amendments.
STATUTORY AUTHORITY
The amendments are adopted under Transportation Code, §201.101, which
provides the Texas Transportation Commission with the authority to establish
rules for the conduct of the work of the Texas Department of Transportation,
and more specifically, Government Code, Chapter 2258, which requires that
employees working on public works projects be paid at least the prevailing
wage rate for similar work performed in the area.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 31, 2000.
TRD-200000659
Richard Monroe
General Counsel
Texas Department of Transportation
Effective date: February 20, 2000
Proposal publication date: November 12, 1999
For further information, please call: (512) 463-8630
43 TAC §9.6
The Texas Department of Transportation adopts amendments
to §9.6 concerning procedure for debarment of a contractor. The amendments
are adopted without changes to the text as proposed by publication in the
November 12, 1999 issue of the
Texas Register
(24 TexReg 9991), and will not be republished.
EXPLANATION OF ADOPTED AMENDMENTS
Section 9.6 describes the procedures whereby the department will debar,
or disqualify, a contractor from bidding on, or entering into, a highway improvement
contract with the department. Subsection (c)(1) has been amended by adding
new subparagraph (D) which states that a contractor may be debarred for furnishing
a non-negotiable proposal guaranty. This additional reason for contractor
debarment is necessary to protect the integrity of the competitive bidding
process by creating a deterrent to submitting non-negotiable proposal guaranties.
The section has also been amended to update legal citations and the names
of the department and its governing board.
COMMENTS
No comments were received on the proposed amendments.
STATUTORY AUTHORITY
The amendments are adopted under Transportation Code, §201.101, which
provides the Texas Transportation Commission with the authority to establish
rules for the conduct of the work of the Texas Department of Transportation.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 31, 2000.
TRD-200000658
Richard Monroe
General Counsel
Texas Department of Transportation
Effective date: February 20, 2000
Proposal publication date: November 12, 1999
For further information, please call: (512) 463-8630
43 TAC §§9.80-9.88
The Texas Department of Transportation adopts amendments
to §§9.80-9.88 concerning contracts for scientific, right of way
acquisition, and landscape architectural services. The amendments are adopted
without changes to the text as proposed by publication in the December 3,
1999 issue of the Texas Register (24 TexReg 10845), and will not be republished.
EXPLANATION OF ADOPTED AMENDMENTS
Transportation Code, Chapter 223, Subchapter D, provides that the department
may follow a procedure using competitive sealed proposals to procure the services
of technical experts including archeologists, biologists, geologists, historians,
or other technical experts to conduct environmental and cultural assessments
for transportation projects within the authority or jurisdiction of the department.
House Bill 1782, 75th Legislature, 1997, amended Government Code, Chapter
2254, Subchapter A, the Professional Services Procurement Act, to include
land appraisers as a professional service. Senate Bill 1133, 76th Legislature,
1999, also amended Chapter 2254, Subchapter A to include landscape architects.
The amendments set forth procedures for the selection of landscape architects
and make minor revisions to the selection procedures for technical experts.
The amendments also set forth procedures for right of way acquisition providers
(ROW providers) when the acquisition requires the services of an appraiser.
The procedures for ROW providers do not apply if the acquisition requires
the services of an engineer, architect, or surveyor.
The amendments to §9.81 add ROW providers and landscape architects
to the types of services that can be procured by the department with the use
of competitive sealed proposals.
The amendments to §9.82 provide terms for landscape architect, and
right of way acquisition provider. The term "mandatory" has been expanded
to include "minimum" in order to accommodate the terminology used in the additional
fields of work. The term "provider" has been clarified to include an individual
or entity that provides these types of services. This eliminates the use of
the term "offeror." The context makes clear whether the provider is offering
services or whether the provider has been awarded a contract. The definition
of "scientific services" has been added to this section and removed from the
explanation in §9.83 since §9.83 has been expanded to include other
services.
The amendments to §9.83 allow the providers to obtain the Request
for Proposal (RFP) packets by sending in a letter of interest, downloading
it from the department's website, or obtaining it at the proposal meeting,
if there is one. Since a provider is no longer required to send in a letter
of interest, the letter of interest deadline has been removed. The notice
will be issued at least 21 days before the proposal is due in accordance with
Government Code, §2155.074, which requires procurements exceeding $25,000
to be posted in the State Business Daily. The criteria for breaking ties will
be included in the RFP packet if the criteria are different from that outlined
in §9.85(e).
Because information relating to the proposal is now available in the State
Business Daily and the department's website, the requirement to publish notice
in newspapers has been reduced to one newspaper. Since the provider may now
wait to obtain the RFP packet at the proposal meeting, the date and location
of the meeting will be included in the notice.
The amendments to §9.84 require the providers to submit a price.
The amendments to §9.85 add ROW providers to the evaluation criteria
currently being used for technical experts. The criteria have been changed
to be used when the criteria is applicable to that particular proposal since
some proposals do not need to contain all of the listed criteria. A landscape
architect will be evaluated on the experience of the project manager and project
team, demonstrated understanding of the scope of services to be provided,
references, ability to meet department scheduling requirements, and reasonableness
of fee.
The amendments to §9.86 provide for discussions for best and final
offers. The department may elect to include discussions with the top three
responsive providers in order to get the best offer. If multiple providers
are to be selected, then a discussion will be held for the number of contracts
to be awarded plus three. These providers will be given the opportunity to
revise their proposals.
The amendments to §9.87 eliminate the requirements that multiple contracts
may not exceed $500,000. With the addition of other services to this section,
the department needs to be able to enter into specific project agreements
in amounts greater than $500,000. The limit for indefinite delivery contracts
has been raised from $500,000 per contract to $1,000,000 in order to accommodate
the expanded scope of these sections. The notice for multiple contract selection
will indicate the number and type of contracts to result from the advertisement,
and specify a range of scores for providers that will be considered qualified
to perform the work in order to give notice as the qualifications necessary.
The amendments to §9.88 provide that the department may make an award
to a ROW provider or landscape architect.
COMMENTS
One written comment on the proposed amendments was received from Crossland
Acquisition, Inc. (Crossland). Crossland commented that the $1 million per
indefinite delivery contract in §9.87 is too low over a two-year period,
and suggested raising the contract limit to $2.5 million.
The department will not make this change. It has been the department's
experience that projects do not reach this $1 million limit. If more than
$1 million is needed, then the project can be accomplished with more than
one indefinite delivery contract, or with a larger single contract. There
may have been some misunderstanding as to whether a firm is limited to one
$1 million contract. A firm is not limited to one contract, and could possibly
have many indefinite delivery contracts.
STATUTORY AUTHORITY
The amendments are adopted under Transportation Code, §201.101, which
provides the Texas Transportation Commission with the authority to establish
rules for the conduct of the work of the Texas Department of Transportation,
and more specifically, Texas Transportation Code, Chapter 223, Subchapter
D, which provides for the selection of technical experts, and Government Code,
Chapter 2254, Subchapter A, which provides for the selection of appraisers
and landscape architects.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 31, 2000.
TRD-200000694
Richard Monroe
General Counsel
Texas Department of Transportation
Effective date: February 20, 2000
Proposal publication date: December 3, 1999
For further information, please call: (512) 463-8630
Subchapter A. GENERAL
43 TAC §13.3
The Texas Department of Transportation adopts the repeal
of §13.3, concerning product evaluation and experimental projects. The
repeal is adopted without changes to the proposal as published in the November
12, 1999, issue of the
Texas Register
(24
TexReg 9993), and will not be republished.
EXPLANATION OF ADOPTED REPEAL
Section 13.3 describes procedures employed by the department in order to
evaluate new products. Section 15.13 also describes procedures employed by
the department in the evaluation of new products. Since the procedures listed
in Chapter 15, Subchapter B, §15.13, New Product Evaluation, are more
detailed and thorough than those in §13.3, and in order to prevent duplication
and maintain consistency within this title, §13.3 is repealed in its
entirety.
COMMENTS
No comments were received on the proposed repeal.
STATUTORY AUTHORITY
The repeal is adopted under Transportation Code, §201.101, which provides
the Texas Transportation Commission with the authority to establish rules
for the conduct of the work of the Texas Department of Transportation.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 31, 2000.
TRD-200000667
Richard Monroe
General Counsel
Texas Department of Transportation
Effective date: February 20, 2000
Proposal publication date: November 12, 1999
For further information, please call: (512) 463-8630
Subchapter B. RESEARCH AND PLANNING CONTRACTS
43 TAC §15.11, §15.12
The Texas Department of Transportation adopts the repeal
of §15.11 and §15.12 concerning research and development and Civil
Rights-Title VI compliance. The repeals are adopted without changes to the
proposal as published in the November 12, 1999, issue of the
Texas Register
(24 TexReg 9993), and will not be republished.
EXPLANATION OF ADOPTED REPEAL
Education Code, §67.24, §85.29, and Chapter 150 provide the authority
for the Texas Department of Transportation to enter into contracts with public
senior colleges or universities to conduct transportation related research.
Those provisions further describe the types of transportation related research
that may be contracted by the department to a public senior college or university,
the contracting process, and the method of payment for services, materials,
and equipment provided by the college or university under contract with the
department.
Since the process by which the department may enter into a contract with
a public senior college or university for the purpose of conducting transportation
related research is codified in the various provisions of the Education Code, §15.11
is repealed in its entirety. In addition, the language contained in §15.12,
which is also repealed, has been moved to new §9.4 in a revised form
to apply to all department contracts as required by Title VI of the Civil
Rights Act of 1964 as amended by the Civil Rights Restoration Act of 1987,
codified at 42 USC §2000d, and the Federal Aid Highway Act of 1968, codified
at 23 USC §140.
COMMENTS
No comments were received on the proposed repeals.
STATUTORY AUTHORITY
The repeals are adopted under Transportation Code, §201.101, which
provides the Texas Transportation Commission with the authority to establish
rules for the conduct of the work of the Texas Department of Transportation.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 31, 2000.
TRD-200000661
Richard Monroe
General Counsel
Texas Department of Transportation
Effective date: February 20, 2000
Proposal publication date: November 12, 1999
For further information, please call: (512) 463-8630
Subchapter B. MOTOR VEHICLE REGISTRATION
43 TAC §§17.21, 17.28, 17.30
The Texas Department of Transportation adopts amendments
to §17.21, concerning definitions; §17.28, concerning special category
license plates, symbols, tabs and other devices; and §17.30, concerning
commercial vehicle registration. The amendments are adopted without changes
to the text as proposed by publication in the November 12, 1999, issue of
the
Texas Register
(24 TexReg 9996), and will
not be republished.
EXPLANATION OF ADOPTED AMENDMENTS
The 76th Legislature, 1999, enacted House Bill 1227 and Senate Bill 1176,
authorizing the department to issue "Texas YMCA" license plates and "New Millennium"
license plates. House Bill 1227 and Senate Bill 1176 require fees to be established
by the department. The 76th Legislature also enacted House Bill 2461, which
sets new standards for issuance of certain new license plates and continued
issuance of existing license plates, and the department must establish some
administrative aspects of the new statutory requirements. The department has
also determined that certain information contained in §17.28 is unnecessary
because the information is clearly set forth in Transportation Code, Chapter
502. Additionally, the department plans to implement staggered registration
expirations for Apportioned license plates, "Forestry" license plates, and
"Tow Truck" license plates, a change that requires amendments to §17.30.
Amendments to §17.28 also require corresponding changes in §17.30.
Minor changes are made to improve clarity, readability, and consistency in
both rules.
Section 17.21(46) is amended by adding a definition of sponsoring entity.
This definition is used in amended §17.28(g), (h), and (i), which are
added in response to House Bill 2461. The definition includes any organization
that collects applications for license plates or that submits a deposit to
the department for the purpose of meeting the standards for initial issuance
or continued issuance of a particular license plate.
Section 17.28 is amended to eliminate existing subsection (b), which provided
a detailed listing of each special category plate issued by the department.
Subsequent subsections are renumbered accordingly. The renumbered subsections
are also amended to delete information that is clear in the Transportation
Code and to include portions of the deleted subsection (b) that remain necessary.
The amendments include: establishment of fees; requirements for or limitations
on issuance or transfer of certain special category license plates, symbols,
tabs, or other devices; descriptions of the license plate, symbol, tab, or
other device that will be issued to certain categories; and elimination of
language that duplicates requirements clearly set forth in the Transportation
Code. These amendments represent no change in procedure or requirements, but
merely relocate information previously contained in the eliminated subsection
(b).
Section 17.28 is also amended throughout with minor, nonsubstantive wording
changes intended to correct grammar and spelling and to improve clarity, readability,
and consistency. The phrase "license plates, symbols, and tabs" is changed
in the section title and throughout to reflect the fact that the department
issues other kinds of devices, including registration numbers and validation
stickers, and that the various provisions apply to these other devices as
well. Section 17.28 is also amended throughout to clarify the distinction
between Exhibition Vehicles and the "Antique Vehicles," "Antique Motorcycles,"
and "Military Vehicle" license plates for which they are eligible.
Section 17.28(a) is amended to clarify that the section establishes fees,
expiration dates, and expiration periods for some special license plate categories.
Subsection (b) of §17.28 is eliminated in its entirety. This subsection
previously contained a comprehensive listing of all special license plates
and the requirements for obtaining each. Most of this information merely duplicated
statutory language and therefore served no useful purpose. Where the department
must set fees, application requirements, or registration periods, or where
the department must otherwise interpret the law, the necessary information
has been incorporated in other subsections.
Renumbered §17.28(b)(2)(A) is amended to eliminate the listing of
vehicles that are exempt from payment of regular registration fees by statute.
This information is unnecessary because it is already clearly set forth in
Transportation Code, Chapter 502.
Renumbered §17.28(b)(2)(B) sets the annual administrative fees that
must be paid in addition to the statutorily prescribed application fees for
the "New Millennium" and "Read to Succeed" license plates. Renumbered §17.28(b)(2)(B)
also establishes the annual fee for "Texas YMCA" license plates. Each fee
is set at an amount estimated by the department to be sufficient to enable
the department to recover its costs.
Renumbered §17.28(b)(2)(C) is amended to reflect the deletion of the
list of statutorily exempt plates from renumbered §17.28(b)(2)(A).
Renumbered §17.28(b)(2)(D) is amended by deleting the listing of special
license plate categories that do not require specific documentation of eligibility
to be presented at the time of application. This information is unnecessary
because it is already clearly set forth in Transportation Code, Chapter 502.
New subsection (c)(2) is added to §17.28 to describe the wording that
will be shown on certain special category license plates. This new subsection
is necessary to establish the particular phrase that will be used on each
category of license plate. It is relocated from former subsection (b)(12),
(13), (29), and (49).
Renumbered §17.28(c)(4) is added to explain when a validation sticker
or tab will be issued instead of a license plate for display on certain vehicles
eligible for "Classic Auto," "Classic Truck," "Antique Vehicle," or "Antique
Motorcycle" license plates. It is relocated from former §17.28(b)(5)
and (14).
New subsection (c)(6) is added to explain how the department determines
the classification of license plates issued to certain golf carts that must
be registered as motor vehicles. It is relocated from former subsection (b)(20)(C).
Renumbered §17.28(c)(7) is amended to eliminate the listing of license
plates eligible for issuance to one or three vehicles. This information is
unnecessary because it is already clearly set forth in Transportation Code,
Chapter 502.
New subsection (c)(8)(D) is added to list the classifications of vehicles
that are eligible for personalized license plates. It is relocated from former
subsection (b)(32).
Renumbered §17.28(d)(2)(B) is amended to include "Cotton Vehicle"
license plates. This change reflects statutorily prescribed right of owners
of Cotton Vehicles to renew registrations at the office of their local county
tax assessor-collectors.
Former §17.28(f)(3) is deleted to eliminate the listing of military
plates that may be transferred to a surviving spouse. This information is
unnecessary because it is clearly set forth in Transportation Code, Chapter
502.
Renumbered §17.28(e)(3) is amended to eliminate the reference to the
transfer of personalized license plates in the event of a name change. This
reference is legally incorrect. A name change, whether resulting from a name
change order, a divorce decree, or a marriage, does not change the owner's
identity and therefore does not require transfer of personalized plates to
a new owner.
Renumbered §17.28(f)(2) is amended to clarify its meaning. The amendment
reflects current practice, and no substantive change is intended.
New subsection (g) is added in response to House Bill 2461, which provided
for the discontinuation of some special category license plates that do not
meet specified standards for sales or for which a deposit is not submitted
to the department. To place the public on notice of the procedures the department
will follow and to enable prompt and efficient administration of the new statutory
standards, the new language specifies the form of the deposit, permits a reduced
deposit if it is accompanied by a corresponding number of applications, and
provides for the return of the deposit when the specified number of applications
are received.
New subsection (h) is added in response to House Bill 2461, which established
prerequisites before issuance of new license plates authorized after January
1, 1999. To place the public on notice of the procedures the department will
follow and to enable prompt and efficient administration of the new statutory
standards, the new language identifies the information that must be provided
in conjunction with a written request for issuance of a new license plate,
specifies the form of the deposit, permits a reduced deposit if it is accompanied
by a corresponding number of applications, and provides for the return of
the deposit when the specified number of applications are received.
New subsection (i) is added to clarify the relationship between the department
and sponsoring entities seeking issuance of a new license plate or continued
issuance of existing license plates. This subsection provides that fees and
applications collected by a sponsoring entity are solely the responsibility
of the sponsoring entity and that a sponsoring entity is not an agent of the
department. The intent is to limit the department's responsibility for actions
taken by sponsoring entities over which the department has no effective control.
Section 17.30 is amended throughout to correct grammar and spelling and
to improve clarity, readability, and consistency. Several cross-references
to §17.28 have also been corrected to reflect amendments to that section.
Staggered registration periods will be implemented for certain vehicles.
Section 17.30(d)(1) is amended to correct the registration renewal periods
for commercial vehicles as a result of the department's implementation of
staggered registration periods for "Apportioned," "Forestry," and "Tow Truck"
license plates. By deleting "Apportioned," "Forestry," and "Tow Truck" license
plates from §17.30(d)(1)(A) and (B), the change permits those plates
to be issued for a full year and to expire 12 months after issuance, like
most other plates.
COMMENTS
No comments were received on the proposed amendments.
STATUTORY AUTHORITY
The amendments are adopted under Transportation Code, §201.101, which
provides the Texas Transportation Commission with the authority to establish
rules for the conduct of the work of the Texas Department of Transportation,
and more specifically, Transportation Code, §502.009, which authorizes
the department to adopt rules governing the issuance of motor vehicle registration.
In addition, the amendments are adopted under the provisions of Transportation
Code, Chapter 502, which authorize the department to adopt rules setting fees,
expiration dates, and other conditions for issuance of particular special
category license plates.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 31, 2000.
TRD-200000657
Richard Monroe
General Counsel
Texas Department of Transportation
Effective date: February 20, 2000
Proposal publication date: November 12, 1999
For further information, please call: (512) 463-8630
43 TAC §§17.53 - 17.55
The Texas Department of Transportation adopts amendments
to §§17.53-17.55 concerning registration and title system. Section
17.53 is adopted with changes to the text as proposed by publication in the
October 15, 1999, issue of the
Texas Register
(24 TexReg 8940). Sections 17.54 and 17.55 are adopted without changes and
will not be republished.
EXPLANATION OF ADOPTED AMENDMENTS
House Bill 2004, 76th Legislature, 1999, amended Subchapter A, Chapter
520, Transportation Code by adding §520.002 to provide for the lease
of certain computer equipment to a county for the operation of the automated
registration and title system. The leased equipment would be in addition to
the equipment already provided by the department to the county at no cost.
House Bill 3014, 76th Legislature, 1999, amended Subchapter D, Chapter
502, Transportation Code by adding §502.1705 to provide for an additional
$1 fee to be paid in counties with more than 50,000 annual registrations.
The money collected under this section may be used for enhancements to the
existing registration and title system, for automated on-site production of
registration insignia, and for automated on-premises and off-premises self-service
registration.
The amendments to §17.53(b) define fair share allocation of automated
equipment as the amount of automated equipment deemed by the department to
be effective at providing a reasonable level of service to the public for
registration and title system activities. This new definition is necessary
to distinguish between equipment that is given to the counties and equipment
that must be leased. It is designed to ensure a fair and efficient method
of distributing limited resources. The amendments also define RTS, the department's
automated registration and title system, for ease of reference. Several minor
amendments clarify the definition of automated equipment and update legal
citations.
The amendments to §17.54 provide the terms on which the department
will allocate and lease equipment to county tax assessor-collectors and the
basis on which the department will collect the additional $1 fee required
by House Bill 3014.
The amendment to §17.54(a) clarifies how the department will allocate
to each county its fair share of automated equipment. This amendment, in conjunction
with the new definition of fair share allocation, is necessary to distinguish
between equipment that is provided at no cost to the counties and equipment
that must be leased.
Section 17.54(b) establishes criteria and conditions for leasing additional
automated equipment to a county. This subsection implements House Bill 2004
and clarifies that equipment will be leased at cost.
Section 17.54(c) establishes the department's methodology for determining
which counties are eligible for the additional $1 fee and lists some characteristics
of the automated on-site production of registration insignia. House Bill 3014
provided for the additional fee, but did not address the mechanics of determining
when and how a county would be classified as having at least 50,000 annual
registrations.
Section 17.54(d)(2) limits the department's responsibility for equipment
installed at sites other than those of a county tax assessor-collector. This
new paragraph will reduce the department's risk of being overwhelmed with
requests for training and other support for equipment that has been leased
by the county and placed on premises other than those of the tax assessor-collector.
Section 17.55 amends, due to changes in the departments hierarchy, the
executive directors delegation authority in regards to executing RTS contracts.
COMMENTS
One comment was received from the Lamar County Tax Assessor-Collector who
expressed concern that the $1 additional fee was not assessed in all counties,
regardless of the vehicle population. The commenter noted that the collection
of an extra dollar per vehicle statewide would result in a substantial reduction
in the counties' lease fees at the end of their five-year terms.
Response: House Bill 3014 initially provided for all counties to collect
the additional $1 fee; however, the engrossed version of this legislation
set the criteria for counties with a vehicle population of 50,000 or more.
The department, without the enactment of further legislation, cannot change
these criteria.
Section 17.53 is adopted with changes to correct technical, non-substantive
matters to improve clarity or grammar.
STATUTORY AUTHORITY
The amendments are adopted under Transportation Code, §201.101, which
provides the Texas Transportation Commission with the authority to establish
rules for the conduct of the work of the Texas Department of Transportation,
and more specifically, Transportation Code, §502.009, which authorizes
the department to adopt rules governing the issuance of motor vehicle registration.
§17.53.Automated Vehicle Registration and Certificate of Title System.
(a)
Purpose.
(1)
The Transportation Code, Chapters 501 and 502, charges
the department with the responsibility for issuing certificates of title and
registering vehicles operating on the roads, streets, and highways of the
state.
(2)
In order to provide a more efficient, cost-effective
system for registering and titling vehicles, maintaining records, improving
inventory control of accountable items, and collecting and reporting of applicable
fees consistent with those statutes, the department has designed an automated
system known as the registration and title system. This system expedites registration
and titling processes, provides a superior level of customer service to the
owners and operators of vehicles, and facilitates availability of the department's
motor vehicle records for official law enforcement needs. Automated equipment
compatible with the registration and title system is indispensable to the
operational integrity of the system. The sections under this subchapter prescribe
the policies and procedures under which the department may make that equipment
available to a county tax assessor-collector as designated agent of the state
for processing certificate of title and vehicle registration documents.
(b)
Definitions. The following words and terms, when used in
the sections under this subchapter, shall have the following meanings, unless
the context clearly indicates otherwise.
(1)
Automated equipment - Equipment associated with the operation
of the registration and titling system, including, but not limited to, microcomputers,
printers, software, and cables.
(2)
Department - The Texas Department of Transportation.
(3)
Executive director - The executive director of the
Texas Department of Transportation.
(4)
Fair share allocation - The amount of automated equipment
determined by the department to be effective at providing a reasonable level
of service to the public. This amount will be determined on the basis of comparisons
with similarly sized counties, transaction volumes, number of county substations,
transaction types, and other factors relating to a particular county's need.
(5)
RTS - The department's registration and title system.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on January 31, 2000.
TRD-200000656
Richard Monroe
General Counsel
Texas Department of Transportation
Effective date: February 20, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 463-8630
Subchapter A. GENERAL
43 TAC §25.12
The Texas Department of Transportation adopts the repeal
of §25.12, concerning procedures for establishing speed zones. The repeal
is adopted without changes to the text as proposed by publication in the November
12, 1999, issue of the
Texas Register
(24
TexReg 10011), and will not be republished.
EXPLANATION OF ADOPTED REPEALS
As part of a reorganization of Chapter 25, the department repeals existing §25.12,
Procedures for Establishing Speed Zones, and simultaneously adopts new §§25.20-25.25
as Subchapter B, under the same title. The repeal of §25.12 is necessary
to repeal the incorporation by reference of the Procedures for Establishing
Speed Zone Manual. These policies are simultaneously adopted in rule format
in §§25.20-25.25.
COMMENTS
No comments were received on the proposed repeal.
STATUTORY AUTHORITY
The repeal is adopted under Transportation Code, §201.101, which provides
the Texas Transportation Commission with the authority to establish rules
for the conduct of the work of the Texas Department of Transportation.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 28, 2000.
TRD-200000600
Richard Monroe
General Counsel
Texas Department of Transportation
Effective date: February 17, 2000
Proposal publication date: November 12, 1999
For further information, please call: (512) 463-8630
43 TAC §§25.20-25.25
The Texas Department of Transportation adopts new §§25.20-25.25,
concerning procedures for establishing speed zones. The new sections are adopted
without changes to the text as proposed by publication in the November 12,
1999, issue of the
Texas Register
(24 TexReg
10011), and will not be republished.
EXPLANATION OF ADOPTED NEW SECTIONS
Transportation Code, §545.353 authorizes the Texas Transportation
Commission to adopt procedures that will be used to determine speed limits
on public roadways. Pursuant to this authority, the department had adopted
by reference the Procedures for Establishing Speed Zones manual as part of §25.12.
This manual has been rewritten and is now adopted in rule format as new §§25.20-25.25.
Transportation Code, Chapter 545, Subchapter H requires most speed limits,
whether set by the commission, a county commissioner's court, a tollway authority,
or a municipality, to be determined from the results of an engineering and
traffic investigation. The commission, and a municipality when setting a speed
limit on the state highway system, are required to use the department's Procedures
for Establishing Speed Zones when conducting an investigation. The procedures
may be used in other circumstances.
House Bill 676, 76th Legislature, 1999, allows a county commissioner's
court by resolution to request the Texas Transportation Commission to determine
and declare a reasonable and safe prima facie speed limit that is lower than
a speed limit established by Transportation Code, §545.352, on any part
of a Farm-to-Market or Ranch-to-Market road located in that county and that
is without improved shoulders. House Bill 676 also sets the maximum speed
limit for trucks on Interstate, State and US Highways, at 65 miles per hour
at night and 70 miles per hour during the day, the same as for passenger vehicles.
The revision incorporates this change into the rules.
House Bill 434, 76th Legislature, 1999, modifies the requirements for a
private subdivision in an unincorporated portion of a county to request the
commission to set speed limits on a private road within the subdivision. Previously,
a subdivision was required to have at least 400 residents. HB 434 requires
a subdivision, along with any adjacent subdivisions, to have at least 400
residents in total before such a request can be made to the commission. The
revision incorporates this change into the rules.
Senate Bill 537 requires regional tollway authorities to set speed zones
according to the procedures established by the Texas Department of Transportation.
This legislative change is incorporated in the revision to this rule.
The new rules will also correct several non-substantive errors, update
graphics, and update existing resource information within the former manual.
COMMENTS
No comments were received on the proposed new sections.
STATUTORY AUTHORITY
The new sections are adopted under Transportation Code, §201.101,
which provides the Texas Transportation Commission with the authority to establish
rules for the conduct of the work of the Texas Department of Transportation.
Further, Transportation Code §545.353(e) authorizes the Texas Transportation
Commission to adopt the "Procedures for Establishing Speed Zones" manual which
forms this rule.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 28, 2000.
TRD-200000601
Richard Monroe
General Counsel
Texas Department of Transportation
Effective date: February 17, 2000
Proposal publication date: November 12, 1999
For further information, please call: (512) 463-8630
43 TAC §25.406
The Texas Department of Transportation adopts amendments
to §25.406, concerning the Specific Information Logo Sign Program. The
amendments are adopted without changes to the text as proposed by publication
in the November 12, 1999, issue of the
Texas Register
(24 TexReg 10028), and will not be republished.
EXPLANATION OF ADOPTED AMENDMENTS
House Bill 1779, 76th Texas Legislature, 1999, requires the Texas Department
of Transportation to adopt by rule a change to the specific information logo
sign program. This change allows a lodging establishment to be eligible to
request a logo sign if the establishment is visible from an eligible highway
or an interchange on an eligible highway and if the establishment is no more
than two turns from the access or frontage road of the eligible highway. Under
the current rules, a lodging establishment must have access to a frontage
road, ramp, or intersecting crossroad of an eligible highway.
The amendment to §25.406(a)(3) is necessary to implement the requirements
of House Bill 1779.
Section 25.406(d)(2)(D) is also amended to require a business requesting
a variance to eligibility requirements of the program to be located at or
near a grade-separated intersection. The current rule only requires that the
requesting business be located on a portion of the dedicated state highway
system. This revision will best serve the traveling public since most businesses
located at-grade are already highly visible and easily accessible by motorists.
The amendment to §25.406(d)(2), new subparagraph (E), will specifically
allow an eligible food establishment to request a variance based on its hours
of operation. The current criterion requires a business to be in operation
12 hours a day and serve three meals a day. It is the intention of this revision
to allow businesses that are in continuous operation to request a variance
to this criterion if they are open at least 10 hours a day and for six days
a week. The current criterion for continuous operation may place an undue
hardship on certain smaller food establishments.
COMMENTS
No comments were received on the proposed amendments.
STATUTORY AUTHORITY
The amended section is adopted under Transportation Code, §201.101,
which provides the Texas Transportation Commission with the authority to establish
rules for the conduct of the work of the Texas Department of Transportation,
and Transportation Code, §391.092(a)(2), which requires the commission
to adopt rules necessary to administer and to enforce the Specific Information
Logo Sign Program.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 31, 2000.
TRD-200000655
Richard Monroe
General Counsel
Texas Department of Transportation
Effective date: February 20, 2000
Proposal publication date: November 12, 1999
For further information, please call: (512) 463-8630
Subchapter B. TEXAS TURNPIKE AUTHORITY
Chapter 9.
CONTRACT MANAGEMENT
Subchapter F. CONTRACTS FOR SCIENTIFIC, RIGHT OF WAY ACQUISITION, AND LANDSCAPE ARCHITECTURAL SERVICES
Chapter 13.
MATERIALS QUALITY
Chapter 15.
TRANSPORTATION PLANNING AND PROGRAMMING
Chapter 17.
VEHICLE TITLES AND REGISTRATION
Subchapter C. REGISTRATION AND TITLE SYSTEM
Chapter 25.
TRAFFIC OPERATIONS
Subchapter B. PROCEDURES FOR ESTABLISHING SPEED ZONES
Subchapter G. SPECIFIC INFORMATION LOGO SIGN PROGRAM
Chapter 27.
TOLL PROJECTS