TITLE 43.TRANSPORTATION

Part 1. TEXAS DEPARTMENT OF TRANSPORTATION

Chapter 1. MANAGEMENT

Subchapter A. ORGANIZATION AND RESPONSIBILITIES

43 TAC §1.2

The Texas Department of Transportation adopts amendments to §1.2 concerning the organization and responsibilities of the department. 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 10844), and will not be republished.

EXPLANATION OF ADOPTED AMENDMENTS

Transportation Code, §201.102 requires the Texas Transportation Commission to implement policies that separate the policy-making responsibilities of the commission and the management responsibilities of the executive director and staff. House Bill 3092, 76th Legislature, 1999, amended the Texas Motor Vehicle Commission Code, Texas Civil Statutes, Article 4413(36). The amendments remove the executive director of the Texas Department of Transportation as an ex officio member of the Motor Vehicle Board and clarify the department's responsibility in providing equipment, facilities, property, and service to the board.

The amendment to §1.2(c) updates the rule to reflect that the term "special office" is no longer used by the department.

The amendment to §1.2(e)(1) removes the language indicating that the executive director of the department is a member of the Motor Vehicle Board. This is necessary to conform the rule to the statute as revised by House Bill 3092.

The amendments to §1.2(e)(3) remove language requiring the board to advise the department on motor vehicle dealer licensing issues and to devise policies separating the board's and the department's responsibilities. The amendments also clarify that the department's responsibility is to provide equipment, facilities, property, and services to the board. These changes are necessary to conform the rule to the statute as revised by House Bill 3092.

COMMENTS

No comments were received on the proposed amendments.

STATUTORY AUTHORITY

The amendment 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 February 28, 2000

TRD-200001478

Richard Monroe

General Counsel

Texas Department of Transportation

Effective date: March 19, 2000

Proposal publication date: December 3, 1999

For further information, please call: (512) 463-8630


Chapter 29. MAINTENANCE

Subchapter B. SANCTION OF MAINTENANCE CONTRACTORS

43 TAC §§29.21 - 29.26

The Texas Department of Transportation adopts amendments to §§29.21-29.26, concerning sanction of maintenance contractors. 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 10849), and will not be republished.

EXPLANATION OF ADOPTED AMENDMENTS

Chapter 29, Subchapter B, provides guidelines by which maintenance contractors may be debarred. The proposed amendments are necessary to allow the department to clarify the sanctions that may be imposed on contractors that are declared in default on maintenance contracts. In addition, the amendments provide a broader range of sanctions to be imposed than are currently allowed. The new range of sanctions will range from less severe to more severe than is currently allowed. The title of Subchapter B is being changed from "Debarment of Maintenance Contractors" to "Sanction of Maintenance Contractors."

Amendments to §29.21 are nonsubstantive. The reference to the Texas Transportation Commission has been removed because the commission no longer awards all maintenance contracts.

Amendments to §29.22 revise the definition of "maintenance contract" to remove unnecessary language and add a definition of "sanction." These amendments are nonsubstantive.

Amendments to §29.23 clarify the reasons for which a contractor may be sanctioned by deleting actions that may only result in a contract default. Since these actions result in a default, listing them is redundant.

Amendments to §29.24 substitute the word "sanction" for "debar" to reflect amendments to §29.26 which add a reduction in bidding capacity as a sanction. The amendments also update a citation to the department's contested case procedure rules. Amendments to §29.25 substitute the word "sanction" for "debarment" to reflect amendments to §29.26.

Amendments to §29.26 describe the various sanctions that are possible and the periods that the sanctions will imposed. The current rules authorize the department to debar a contractor for up to one year.

The amendments will allow a lesser and more appropriate sanction of a one year reduction in bidding capacity in cases of one default. The reduction in bidding capacity will allow a contractor to demonstrate for one year its ability to complete work before being able to again bid at full capacity.

The amendments will clarify that a sanction of a one year debarment and an additional one year reduction in bidding capacity may result from two defaults within a five year period.

The amendments will also allow a more severe and appropriate sanction of three years debarment and an additional one year reduction in bidding capacity to be imposed if a contractor defaults on a third contract within five years of their second default. The three years debarment is needed to deny state contracts to contractors who repeatedly fail to complete contracts.

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 February 28, 2000

TRD-200001479

Richard Monroe

General Counsel

Texas Department of Transportation

Effective date: March 19, 2000

Proposal publication date: December 3, 1999

For further information, please call: (512) 463-8630