Part 1.
TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 4.
EMPLOYMENT PRACTICES
Subchapter F. EMPLOYEE TRAINING AND EDUCATION
The Texas Department of Transportation proposes the repeal of §§4.60-4.64
and simultaneously proposes new §§4.60-4.63, concerning employee
training and education.
EXPLANATION OF PROPOSED REPEALS AND AMENDMENTS
Government Code, §656.048, requires a state agency to adopt rules
relating to the eligibility of the state agency's administrators and employees
for training and education supported by the state agency and the obligations
assumed by the administrators and employees on receiving the training and
education.
The repeals and new sections are proposed for several reasons. First, the
rules are thoroughly revised to simplify the structure, clarify the meaning,
and shorten the length by eliminating unnecessary duplication. The result
is a set of rules that are both shorter and easier to use. Second, the revision
strengthens the training and education program to ensure that the department's
expenditures yield an appropriate return. Third, the degree program is divided
into two programs, a job-related degree program and a non-job-related degree
program, to facilitate administration.
Section 4.60 is based on former §4.60. There are no substantive changes.
Section 4.61 is based on former §4.61. Some definitions have been
added, and others have been deleted. The definitions of district, district
engineer, division director, employee, office director, part-time position,
professional development requirement, prospective duty assignment, regular
employee, and training have been eliminated. In each case, either the meaning
is clear from the context in which the term is used, or the term has been
eliminated from the rules.
Several new definitions have been added. Director is defined as the director
of the Human Resources Division. Employee's executive officer is defined as
an employee's district engineer, division director, or office director (or
that person's designee). Executive director has been defined to include a
designee. In each case, the reason for the new definition is for ease of reference.
In addition, institution has been defined to establish the kinds of schools
that an employee may attend. This establishes that employees may receive assistance
for attending only accredited colleges and universities and ensures that employees
will participate in programs of high quality. For the same reason, trade schools
will no longer be eligible.
Former §4.62 is eliminated because it provided no substantive guidance.
Section 4.62(a) is added to provide context and to clarify that in the
event of conflict, the program-specific rules in §4.63 will govern.
Section 4.62(b)(1) is based on former §4.63(b)(1)(A), (2)(A) and (3)(A).
Section 4.62(b)(2) is based on former §4.63(b)(1)(B), (2)(B) and (3)(B).
Section 4.63(b)(3) is based on former §4.63(b)(1)(D), (2)(F) and (3)(D).
There are no substantive changes.
Section 4.62(c)(1) is based on former §4.63(d). Employees are given
greater latitude in taking correspondence and internet courses if they are
offered by, in order of preference, Texas public institutions, Texas private
institutions, and other institutions. This will increase the availability
of eligible courses while providing opportunities for cost reductions.
Section 4.62(c)(2) is based on former §4.63(e). There are no substantive
changes.
Section 4.62(c)(3) is based on former §4.63(f)(2). Current policy
is clarified by adding that employees may use department equipment only during
non-duty hours and when use would not interfere with ordinary department business.
Section 4.62(c)(4) is based on former §4.62(d)(5)(B). There are no
substantive changes.
Section 4.62(d)(1) is based on former §4.64(a)(5). Section 4.62(d)(2)
is based on former §4.64(b). Section 4.62(d)(3) is based on former §4.63(c)(1)(C)
and (2)(B), and §4.64(c)(2). The new language clarifies that an employee's
executive officer is the person responsible for deciding to suspend an employee's
participation in an assistance program.
Section 4.62(e) is based on former §4.64(a)(2), (3) and (4). Section
4.62(f) is based on former §4.64(a)(2), (3) and (4); (c)(1)(D); and (d).
There are no substantive changes.
Section 4.62(g) is based on §4.64(c)(1) and (d)(9). The waiting period
required to reenter an assistance program after cancellation, in the absence
of hardship, is reduced from three years to two. This change is made because
the repayment provisions adequately protect the department from abuse of a
program by an employee.
Section 4.63(a) is based on former §4.63(a). It contains particular
standards applicable to degree programs and splits the degree programs into
two categories, the job-related degree program and the non-job-related degree
program. This division will facilitate administration of the degree programs.
Section 4.63(a)(1) contains standards that are applicable to both degree
programs. Section 4.63(a)(1)(a) is based on former §4.63(b)(1)(C), (E)
and (G). There are no substantive changes.
Section 4.63(a)(1)(B) is based on former §4.63(g). It now provides
that an employee's chosen elective may not be rejected if rejection would
extend the employee's time in the program.
Section 4.63(a)(1)(C) is based on former §4.63(c)(1). Section 4.63(a)(1)(D)
is based on former §4.63(c)(1)(B) and (f)(1). Section 4.63(a)(1)(E) is
based on former §4.64(d)(7) and (8). There are no substantive changes.
Section 4.63(a)(2) contains standards that are applicable only to the job-related
degree program. Section 4.63(a)(2)(A) is based on former §4.63(b)(1)(F)(i)
and (ii). Section 4.63(a)(2)(B) is based on former §4.64(a)(3). There
are no substantive changes.
Section 4.63(a)(3) contains standards that are applicable only to the non-job-related
degree program. Section 4.63(a)(3)(A) is based on former §4.63(b)(1)(F)(iii).
Section 4.63(a)(3)(B) is based on former §4.64(a)(3). There are no substantive
changes.
Section 4.63(b) is based on former §4.63(a). It contains particular
standards applicable to the full-time master's program.
Section 4.63(b)(1) is based on former §4.63(b)(2)(C), (D), (E), (G),
(H) and (I). Section 4.63(b)(2) is based on former §4.63(g). Section
4.63(b)(3) is based on former §4.63(c)(2). Section 4.63(b)(4) is based
on former §4.63(b)(2), (e)(5) and (f). Section 4.63(b)(5) is based on
former §4.64(1)(2). There are no substantive changes.
Section 4.63(b)(6) is based on former §4.64(d)(2), (7) and (8). Reduction
or elimination of repayment obligations will no longer be authorized for an
employee who leaves the department to work for another state agency. This
change is necessary to ensure that the department is not, in effect, using
its resources to train employees for the benefit of other agencies and not
the department.
Section 4.63(b)(7) is based on former §4.64(a)(1)(B). There are no
substantive changes.
Section 4.63(c) is based on former §4.63(a). It contains particular
standards applicable to the full-time degree completion program.
Section 4.63(c)(1) is based on former §4.63(b)(3)(C), (E), (F) and
(G). There are no substantive changes.
Section 4.63(c)(2) is based on former §4.63(g). It now provides that
an employee's chosen elective may not be rejected if rejection would extend
the employee's time in the program.
Section 4.63(c)(3) is based on former §4.63(c)(3). Previously, an
employee might be granted the ability to skip the summer semester if the employee
returned to work for the summer. This provision is generalized to apply to
any semester and to permit a combination of part-time work and part-time school,
as long as the combination is approved by the director of the Human Resources
Division.
Section 4.63(c)(4) is based on former §4.63(c)(3) and (f)(1). Section
4.63(c)(5) is based on former §4.64(a)(4). Section 4.63(c)(6) is based
on former §4.64(d)(2), (7) and (8). Section 4.63(c)(7) is based on former §4.64(c)(1)(C)(iii).
There are no substantive changes.
Section 4.63(d) is based on former §4.63(a). It contains particular
standards applicable to the non-degree program.
Section 4.63(d)(1) is based on former §4.63(b)(4). There are no substantive
changes. Section 4.63(d)(2) is added to state explicitly that there is no
service requirement under the non-degree program; this conforms to current
practice and was implicit in the former rules. Section 4.63(d)(3) is based
on former §4.64(d)(7) and (8). It now permits the executive director
to defer or extend repayment in the best interest of the department.
FISCAL NOTE
James Bass, Director, Finance Division, has determined that for each of
the first five-years the repeals and new sections are in effect, there will
be no fiscal implications for state or local governments as a result of enforcing
or administering the repeals and new sections. There are no anticipated economic
costs for persons required to comply with the sections as proposed.
Diana L. Isabel, Director, Human Resources Division, has certified that
there will be no significant impact on local economies or overall employment
as a result of enforcing or administering the repeals and new sections.
PUBLIC BENEFIT
Ms. Isabel has also determined that for each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
enforcing or administering the repeals and new sections will be will be better
educated and trained state employees. There will be no adverse economic effect
on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed repeals and new sections may be submitted
to Diana L. Isabel, Director, Human Resources Division, 125 East 11th Street,
Austin, Texas 78701-2483. The deadline for receipt of comments is 5:00 p.m.
on January 28, 2002.
43 TAC §§4.60 - 4.64
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas Department of Transportation or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
STATUTORY AUTHORITY
The repeals are proposed 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, §656.048 which 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.
No statutes, articles, or codes are affected by the proposed repeals.
§4.60.Purpose and Scope
§4.61.Definitions
§4.62.Employee Training
§4.63.Education Programs
§4.64.Employee Obligations
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on December 14, 2001.
TRD-200107884
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: January 27, 2002
For further information, please call: (512) 463-8630
43 TAC §§4.60 - 4.63
STATUTORY AUTHORITY
The new sections are proposed 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, §656.048 which 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.
No statutes, articles, or codes are affected by the proposed new sections.
§4.60.Purpose.
It is the policy of the Texas Department of Transportation to encourage
the professional development of employees through education and training under
the State Employees Training Act, Government Code, Chapter 656, Subchapter
C. These programs are designed to increase the job potential of employees,
provide financial assistance for continuing education, and introduce new technology
and educational methods into the workplace. This subchapter governs the eligibility
and obligations of employees under training and education programs.
§4.61.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Assistance - Financial aid provided by the department to
its employees for education expenses.
(2)
Department - The Texas Department of Transportation.
(3)
Director - The director of the Human Resources Division
or the director's designee not below the level of section director.
(4)
Employee's executive officer - An employee's district engineer,
division director, or office director, or that person's designee.
(5)
Executive director - The executive director of the department
or the executive director's designee not below the level of assistant executive
director.
(6)
Good standing - Meeting of all performance standards in
an employee's most recent performance evaluation and not being on probation.
(7)
Hardship - A serious illness, family emergency, or extenuating
circumstance that is beyond the control of the employee and that reasonably
precludes the employee from complying with an assistance agreement.
(8)
Institution - A college or university accredited by a major
regional academic accrediting agency for institutions of higher learning,
such as the Southern Association of Colleges and Schools.
(9)
Program Selection Committee - A committee that is appointed
by the executive director and that selects employees who will participate
in the full-time master's program.
§4.62.General Standards.
(a)
Applicability. This section establishes standards applicable
to all assistance unless different standards are established for a particular
program as described in §4.63 of this subchapter.
(b)
Eligibility. An employee must meet the following requirements
to be eligible for an assistance program.
(1)
The employee must be a full-time employee. Summer employees
and temporary recruitment program employees are ineligible, except for the
non-degree program.
(2)
The employee must be in good standing with the department.
(3)
The employee must complete an assistance agreement setting
forth the conditions of assistance, including the amount of the assistance,
the requirements of continued eligibility, and the employee's repayment responsibilities.
(c)
Scope of assistance.
(1)
Type of institution.
(A)
Assistance will be authorized only for courses and degrees
earned through an institution.
(B)
All courses, whether offered in person, through correspondence,
or over the internet, must be taken if possible from a public institution
in Texas.
(C)
If an employee is enrolled in a degree program in a private
institution in Texas, the employee must earn as many credits as possible at
a Texas public institution if that will reduce the amount of required assistance.
Courses, whether offered in person, through correspondence, or over the internet,
may be taken from a Texas private institution only if:
(i)
no public institution offers a comparable course that can
reasonably be attended by the employee during non-duty hours;
(ii)
no public institution offers the approved courses or degree;
(iii)
the employee cannot meet the admission requirements of
a public institution;
(iv)
the completion of the degree or course at a private institution
would cost less than at a public institution; or
(v)
the employee agrees the department will only provide the
amount of assistance that would have been required if the employee had attended
a public institution.
(D)
An employee may take a correspondence course or an internet
course offered by an out-of-state institution only if the course is not available
from any private or public institution in Texas, whether in person, as a correspondence
course, or over the internet.
(2)
Eligible expenses. The following expenses are eligible
for financial assistance:
(A)
tuition;
(B)
College Level Equivalency Program exams or similar exams
if they relate to a course that is part of the employee's approved degree
plan and if the employee scores high enough to receive college credit or a
waiver of course requirements;
(C)
life experience assessments for which the employee obtains
a credit if the credit is part of the employee's approved degree plan; and
(D)
required fees and books.
(3)
Use of state property. An employee participating in a program
may use the department's self-service copy machines, typewriters, calculators,
copy paper, and microcomputers to complete course assignments during non-duty
hours and when use does not interfere with the department's business.
(4)
Retaken courses. The department will not pay expenses incurred
to retake a course or to take a substitute for a failed course unless the
department has been reimbursed for the cost of the failed course.
(d)
Conditions of participation.
(1)
Grade verification. Each semester an employee shall provide
grade reports to the employee's executive officer to verify that the employee
received full credit for all courses.
(2)
Outside aid. An employee shall provide receipts for all
fees and shall promptly report any outside funds received. The department
will deduct any amounts received by the employee through grants, scholarships,
or other financial aid from the assistance provided to the employee.
(3)
Suspension.
(A)
The employee's executive officer may suspend an employee
for any of the following reasons.
(i)
Participation may be suspended indefinitely if an employee
is placed on disciplinary probation.
(ii)
Participation may be suspended indefinitely if the employee
does not meet any obligation or does not maintain eligibility or if the employee's
executive officer determines that the employee's participation in an assistance
program adversely affects the employee's job performance.
(iii)
An employee's participation may be suspended based on
extraordinary work requirements as determined by the employee's executive
officer.
(B)
Suspension will not be considered a failure to remain active
in the program.
(e)
Service requirement. An employee shall agree to work for
the department in return for assistance. This service requirement shall begin
30 days after the date the employee receives the degree if the employee meets
all conditions of employment and eligibility at that time.
(f)
Repayment.
(1)
Circumstances requiring repayment.
(A)
An employee who voluntarily withdraws from an assistance
program or who separates from department employment shall repay all assistance
provided by the department for courses taken under the assistance agreement.
(B)
An employee who does not meet all conditions of employment
and eligibility during a service requirement or who does not complete a service
requirement in its entirety shall repay all assistance provided by the department.
Repayment shall not be prorated or reduced because a portion of a service
requirement has been fulfilled.
(2)
Failure to pass course. An employee who does not pass a
course must repay funds provided by the department for that course. If the
employee repays the department for the course, the employee may continue in
the program. If the employee does not repay the department for the course,
no additional assistance will be provided. An employee in a continuing program
must repay the debt before the next semester to continue participation in
the assistance program.
(3)
Repayment schedule. The executive officer will establish
a repayment schedule and send a copy to the director and to the Finance Division.
Employees shall follow the repayment schedule set by the department. The repayment
schedule will consist of:
(A)
up to 60 equal monthly installments beginning 90 days after
employment or participation ceases; and
(B)
minimum installments of no less than $20 based on the employee's
ability to repay and the amount owed.
(4)
Costs of collection. An employee is liable to the department
for any reasonable expense incurred in obtaining payment, including reasonable
attorney's fees.
(5)
Credit agencies. The department may notify credit agencies
if an employee does not repay the department.
(g)
Cancellation.
(1)
Grounds. The department will cancel an employee's participation
if the employee:
(A)
withdraws from the approved institution;
(B)
is removed or prohibited from attending the approved institution;
(C)
does not comply with any term of the assistance agreement;
or
(D)
is terminated from the department while participating in
a program or before completion of a service requirement.
(2)
Resumption of eligibility. If the department cancels an
employee's participation, the employee will no longer be eligible for assistance
unless the employee has fully repaid the department and:
(A)
the employee demonstrates that the cancellation resulted
from hardship; or
(B)
two years have elapsed since the employee's participation
was canceled.
§4.63.Particular Programs.
(a)
Degree programs. The department offers two degree programs,
the job-related degree program and the non-job-related degree program. These
programs provide assistance to employees who continue to work while earning
their degrees.
(1)
In general.
(A)
Eligibility. An employee must meet the following additional
requirements to be eligible for a degree program.
(i)
The employee must have at least 12 months of service time
with the department for an undergraduate degree and at least 24 months for
a graduate degree.
(ii)
The employee must have written acceptance from an institution
and a degree plan signed by the institution's representative.
(iii)
The employee's executive officer must approve the employee's
participation. If the employee is seeking a doctoral degree, the executive
director must also approve the employee's participation.
(B)
Elective courses. An employee's executive officer may reject
an elective course if it is not related to the employee's duties unless rejection
of the elective will extend the employee's time in the program. Substitutions
will not be made for any courses required for a degree.
(C)
Conditions of participation. An employee's executive officer
will reconsider the employee's participation in the program each semester.
An employee must meet the following additional standards to maintain eligibility.
(i)
The employee must be enrolled at an approved institution
and in a course of instruction leading toward an approved degree.
(ii)
The employee must be enrolled at least two semesters per
school year. The employee's executive officer may waive this requirement in
writing if a copy of the written waiver is sent to the director.
(D)
Use of state time. Department duty hours may not be used
for attending classes, studying, or other activities associated with a degree
program. An employee may use annual leave, flextime, or compensatory time
with prior written approval from the employee's supervisor. With the approval
of the employee's executive officer, an employee may change the employee's
work status from full-time to part-time to accommodate class scheduling.
(E)
Repayment. The executive director may approve a deferral
or an extension of the repayment period or the reduction or cancellation of
debt or service requirements in the best interest of the department or if
an employee demonstrates hardship. Deferral or extension of repayment does
not relieve the employee of the responsibility to repay the funds owed.
(2)
Job-related degree program.
(A)
Eligibility. To participate in the job-related degree program,
an employee must seek enrollment and participation in a field of study that:
(i)
relates to the employee's current assigned work and position;
(ii)
enables the employee to meet increased demands of the
employee's job assignment; or
(iii)
is required for the employee to progress in the employee's
career ladder.
(B)
Service requirement. An employee shall work for the department
for one year after completing the program.
(3)
Non-job-related degree program.
(A)
Eligibility. To participate in the non-job-related degree
program, an employee must seek enrollment and participation in a field of
study that meets minimum requirements for an occupation in which the department
anticipates staffing needs. The employee must have demonstrated an aptitude
through job performance and receive the approval of the employee's executive
officer and the concurrence of the director.
(B)
Service requirement. An employee shall work for the department
for two years after receiving an undergraduate degree and for three years
after receiving a graduate degree.
(b)
Full-time master's program. The department offers a full-time
master's program, under which an employee may attend school full-time while
receiving full salary.
(1)
Eligibility. An employee must meet the following additional
requirements to be eligible for the program.
(A)
The employee must have at least 5 years of service time
with the department, or for engineering disciplines, at least 4 years and
a Texas professional engineering license.
(B)
The employee must submit a statement of career goals and
research interests.
(C)
The employee must have written acceptance from an institution
and a degree plan signed by the institution's representative.
(D)
The employee's executive officer must nominate the employee
and the Program Selection Committee must select the employee based on academic
qualifications and work experience.
(E)
The employee must have an undergraduate degree that is
approved as an appropriate base for the desired graduate field of study by
the Program Selection Committee.
(2)
Elective courses. The director may reject an elective course
if it is not related to the employee's duties. Substitutions will not be made
for any courses required for a degree.
(3)
Conditions of participation. The employee must be enrolled
continuously for no more than four semesters, including the summer semester
if one is offered, in an institution in a course of instruction leading to
a master's degree in the approved major field of study. The director may approve
an extension if the employee's approved course of study requires additional
time to complete.
(4)
Scope of assistance.
(A)
Eligible expenses.
(i)
The employee will continue to receive a full salary.
(ii)
The executive director may approve reimbursement for relocation
costs.
(B)
Use of state time. Department duty hours may be used for
attending classes, studying, or other activities associated with the program.
(5)
Service requirement. An employee shall work for the department
for three years after completing the program.
(6)
Repayment.
(A)
For employees not performing their duties for three or
more months while participating in the program, the repayment obligation shall
include salary not attributable to paid vacation or compensatory leave.
(B)
By minute order the Texas Transportation Commission may
approve the reduction or cancellation of debt or service requirements if an
employee demonstrates hardship.
(C)
The executive director may approve a deferral or an extension
of the repayment period if an employee demonstrates hardship. Deferral or
extension of repayment does not relieve the employee of the responsibility
to repay the funds owed.
(7)
Cancellation. The department will cancel an employee's
participation if the employee does not complete the program in the required
time, including any extensions.
(c)
Full-time degree completion program. The department offers
a full-time degree completion program, under which an employee who has already
earned substantial credits toward a bachelor's degree may attend school full-time
to complete those requirements.
(1)
Eligibility. An employee must meet the following additional
requirements to be eligible for the program.
(A)
The employee must have at least 12 months of service time
with the department.
(B)
The employee must have written acceptance from an institution
and a degree plan signed by the institution's representative for the number
of credit hours required for the approved degree.
(C)
The employee's executive officer must approve the employee's
participation.
(D)
The employee must be able to complete the degree in 42
credit hours or less.
(E)
The executive director must designate the field of study
as a critical field due to a shortage of employees in jobs related to that
field of study.
(2)
Elective courses. An employee's executive officer may reject
an elective course if it is not related to the employee's duties unless rejection
of the elective will extend the employee's time in the program. Substitutions
will not be made for any courses required for a degree.
(3)
Conditions of participation.
(A)
An employee's executive officer will reconsider the employee's
participation in the program each semester. As part of this reconsideration,
the employee's executive officer will review the employee's degree plan and
course schedule to ensure that appropriate electives are selected.
(B)
The employee must be enrolled continuously for no more
than three semesters in an institution in a course of instruction leading
to a bachelor's degree in the approved major field of study. The director
may approve an extension if the employee's approved course of study requires
additional time to complete.
(C)
During each semester in which an employee is receiving
a full salary, the employee shall work full-time, attend school full-time,
or work and attend school in a combination approved by the director.
(4)
Scope of assistance.
(A)
Eligible expenses. The employee will continue to receive
a full salary.
(B)
Use of state time. Department duty hours may be used for
attending classes, studying, or other activities associated with the program.
(5)
Service requirement. An employee shall work for the department
for three years after completing the program.
(6)
Repayment.
(A)
For employees not performing their duties for three or
more months while participating in the program, the repayment obligation shall
include salary not attributable to paid vacation or compensatory leave.
(B)
By minute order the Texas Transportation Commission may
approve the reduction or cancellation of debt or service requirements if an
employee demonstrates hardship.
(C)
The executive director may approve a deferral or an extension
of the repayment period if an employee demonstrates hardship. Deferral or
extension of repayment does not relieve the employee of the responsibility
to repay the funds owed.
(7)
Cancellation. The department will cancel an employee's
participation if the employee does not complete the program in the required
time, including any extensions.
(d)
Non-degree program. The department offers a non-degree
program, under which an employee may, as part of the employee's developmental
plan, take courses to improve the employee's knowledge and skills to meet
current job requirements while continuing to work.
(1)
Eligibility. Any full-time department employee, including
a summer employee or a temporary recruitment program employee, is eligible
for the non-degree program with the approval of the employee's executive officer.
(2)
Service requirement. There is no service requirement for
a course taken under the non-degree program.
(3)
Repayment. The executive director may approve a deferral
or an extension of the repayment period or the reduction or cancellation of
debt or service requirements in the best interest of the department or if
an employee demonstrates hardship. Deferral or extension of repayment does
not relieve the employee of the responsibility to repay the funds owed.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on December 14, 2001.
TRD-200107885
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: January 27, 2002
For further information, please call: (512) 463-8630
Subchapter E. FEDERAL, STATE, AND LOCAL PARTICIPATION
43 TAC §15.54
The Texas Department of Transportation proposes amendments
to §15.54, Construction, concerning federal, state, and local participation
in highway improvement projects.
Transportation Code, Chapter 203, provides that the Texas Transportation
Commission (commission) may layout, construct, maintain, and operate a modern
state highway system, with emphasis on the construction of controlled access
highways. To promote public safety, facilitate the movement of traffic, preserve
the public's financial investment in highways, and promote national defense,
the commission may convert where necessary an existing street, road, or highway
into a controlled access highway in accordance with modern standards of speed
and safety.
This chapter also authorizes the commission to designate a state highway
as a controlled access highway, deny access to or from a controlled access
highway, designate the location, type and extent of access to be permitted
to a controlled access highway, and to close a public or private way at or
near its intersection with a controlled access highway.
Due to the significant cost associated with the construction and maintenance
of controlled access highways, it is imperative that they provide maximum
traffic handling capacity for as long as practical. Adjacent development and
access points along controlled access highways contribute to congestion and
early deterioration of the operation of the main travel lanes, thereby reducing
the ability of the state highway system to safely and efficiently move higher
volumes of traffic. By limiting construction of new frontage roads, it is
anticipated that the capacity of the main travel lanes will be preserved by
promoting future development along parallel or perpendicular facilities. In
addition, limiting the construction of new frontage roads will allow scarce
state highway funding to be used to address other needed highway improvement
projects across the state.
The amendments remove the consideration of funding for a frontage road
in §15.54(d)(3) through (5) from the decision of whether to build a frontage
road. Elimination of these paragraphs will ensure administrative authorization
of all new frontage road construction in the state and provide more concise
requirements for inclusion of frontage road construction and provisions for
added access to new and existing controlled access facilities.
The amendments state that it is the intent of the department to not construct
frontage roads on new or existing controlled access facilities unless approved
by the executive director or designee. Frontage road construction may be approved
when needed to improve the safety and efficient operations of the state highway
corridor, there is a need to resolve a landlock condition on the remainder
of a parcel of land that has a value that exceeds the cost of the frontage
road, or if the cost to purchase the right of access control would exceed
the cost of the frontage road. Frontage roads may also be constructed when
needed to restore local circulation due to roads or streets being severed.
The commission may approve additional frontage roads when construction is
determined to be in the best interest of the state.
Where the department owns the right of access control, public or private
access will not be allowed to controlled access highways, including frontage
roads, from abutting property except in certain circumstances. Access to a
specific property will be allowed when a frontage road is constructed to resolve
a landlock condition for that property or because the cost to purchase the
access rights to that property was too great. Otherwise, the commission may
approve a site specific exception to allow access after considering the safety
and operation of the state highway corridor, prior commitments or development
based on the previous frontage road policy, and whether such access is determined
to be in the best interest of the state. Such site specific exceptions must
be approved by the commission prior to the department accepting any funds
or consideration for engineering, development, or construction of frontage
roads where it is anticipated that additional access will be requested. All
cost associated with preparing the request shall be at the sole expense of
the requestor.
James Bass, Director, Finance Division, has determined that for the first
five-year period the amendments are in effect, there will be no direct fiscal
implications for state or local governments as a result of enforcing or administering
the amendments. There are no anticipated economic costs for persons required
to comply with the amendments as proposed.
Kenneth Bohuslav, Director, Design Division, has certified that there will
be no significant impact on local economies or overall employment as a result
of enforcing or administering the amendments as future development may occur
along parallel or perpendicular facilities. By not encouraging development
fronting the state highway corridor, freeway capacity will be maintained for
longer periods of time and system expansion can be accomplished with fewer
impacts to developed property.
Mr. Bohuslav has also determined that for each year of the first five years
the amendments are in effect, the public benefits anticipated as a result
of enforcing or administering the amendments will be to provide savings to
the state by not constructing frontage roads along controlled access facilities
and that mainlane capacity will be further preserved by this effort. There
will be no adverse effect on small businesses.
Pursuant to the Administrative Procedure Act, Government Code, Chapter
2001, the Texas Department of Transportation will conduct six public hearings
to receive comments concerning the proposed amendments. Each public hearing
will begin at 4:00 p.m. local time and last at least until 6:00 p.m. on the
following dates and at the following locations:
January 8, 2002: City of San Antonio Council Chambers; Municipal Plaza
Building, 103 Main Plaza; San Antonio, Texas 78205.
January 15, 2002: Irving Arts Center; 3333 North MacArthur Boulevard; Irving,
Texas 75062.
January 18, 2002: Houston-Galveston Area Council (HGAC); 3555 Timmons Lane;
Houston, Texas 77027.
January 22, 2002: Lubbock Chamber of Commerce; 1301 Broadway; Lubbock,
Texas 79401.
January 23, 2002: McAllen Tourist Center; 1300 South 10th Street; McAllen,
Texas 78501.
January 24, 2002: Ysleta Independent School District (YISD); Administrative
Office; 9600 Sims Drive; El Paso, Texas 79925.
These public hearings will be conducted in accordance with the procedures
specified in 43 TAC §1.5. Prior to each hearing, department employees
will be available beginning at 2:00 p.m. to conduct an open house where informal
discussion can occur to further clarify the proposed amendments. Comments
made to department staff during the open house will not be considered part
of the public comment made regarding these proposed amendments. Those desiring
to make official comments or presentations may register starting at 2:00 p.m.
Any interested persons may appear and offer comments, either orally or in
writing; however, questioning of those making presentations will be reserved
exclusively to the presiding officer as may be necessary to ensure a complete
record. While any person with pertinent comments will be granted an opportunity
to present them during the course of the hearing, the presiding officer reserves
the right to restrict testimony in terms of time and repetitive content. Organizations,
associations, or groups are encouraged to present their commonly held views
and identical or similar comments through a representative member when possible.
Comments on the proposed text should include appropriate citations to sections,
subsections, paragraphs, etc. for proper reference. Any suggestions or requests
for alternative language or other revisions to the proposed text should be
submitted in written form. Presentations must remain pertinent to the issues
being discussed. A person may not assign a portion of his or her time to another
speaker. Persons with disabilities who plan to attend this meeting and who
may need auxiliary aids or services such as interpreters for persons who are
deaf or hearing impaired, readers, large print or Braille, are requested to
contact Randall Dillard, Director, Public Information Office, 125 East 11th
Street, Austin, Texas 78701-2483, 512/463-8588 at least two working days prior
to the hearing so that appropriate services can be provided.
Written comments on the proposed amendments may be submitted to Kenneth
Bohuslav, Director, Design Division, 125 East 11th Street, Austin, Texas 78701-2483.
The deadline for receipt of comments is 5:00 p.m. on February 4, 2002.
The amendments are proposed for adoption 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.
No statutes, articles, or codes are affected by the proposed amendments.
§15.54.Construction.
(a)
Purpose. This section describes the conditions under which
state, federal and local financing of construction costs are to be shared.
(b)
Funding. Construction costs may be funded by the commission
at the entire expense of the department, with local participation, and/or
with federal participation, as described in §15.55 of this title (relating
to Construction Cost Participation), and in accordance with criteria set forth
by federal and state law and regulations. The local government shall also
be responsible for the total cost of any work included which is ineligible
for federal or state participation as specified in §15.52 of this title
(relating to Agreements).
(c)
Sidewalks. The department will also provide for sidewalk
construction, accomplished in accordance with the requirements of the Americans
with Disabilities Act and other applicable state and federal laws, on designated
state highway system routes:
(1)
when replacing an existing sidewalk;
(2)
where highway construction severs an existing sidewalk
system (the state will make connections within highway right of way to restore
sidewalk system continuity); or
(3)
where pedestrian traffic is causing or is expected to cause
a safety conflict.
(d)
Control of Access [
(1)
Designation. All facilities
to be developed as freeways or relief routes shall be designated by the commission
as controlled access highways pursuant to Transportation Code, Chapter 203.
The department may also designate discrete areas of control of access on non-controlled
access state highway facilities as necessary to facilitate the flow of traffic
and promote the public safety and welfare.
(2)
Access to controlled access
highways.
(A)
Existing access. It is the intent of the department
when developing expanded controlled access facilities that if a property owner
has access to the system prior to the expansion, that property owner would
have access to a frontage road on the system after development. Exceptions
under this provision would be for unusual safety or circuity situations.
(B)
New access. Public or private access will not
be allowed to controlled access highways or frontage roads, except where a
frontage road is provided under paragraph (3)(A)(i)(III) or (3)(B)(i)(III)
of this subsection or the commission approves a site specific exception.
(i)
Request for exception. Approval for a site specific
exception to allow access rights to a facility must be approved by the commission
prior to accepting any funds or consideration for engineering, development,
or construction of frontage roads for which there is an anticipation of allowing
access rights. Any cost of traffic studies of access appraisals required under
this section shall be at the sole expense and risk of those making the request.
(ii)
Approval. The commission may approve an exception
after considering:
(I)
impacts on the safety and operation of the state
highway corridor as justified by an engineering study approved by the department;
(II)
significant prior commitments or development
work based on the previous frontage road policy; and
(III)
whether access is judged to be in the best
interest of the state.
(C)
Disposal of access rights. When the commission
approves a release of access control to property adjoining the facility, the
sale or disposal of access rights shall be accomplished in accordance with §§21.101-21.104
of this title (relating to Disposal of Real Estate Interests).
(3)
Frontage road provision.
(A)
New location freeways and relief routes. For
new location freeways and relief routes, it is the intent of the department
not to construct frontage roads.
(i)
The department may approve frontage road construction
when the executive director or designee determines that:
(I)
short sections of frontage road are needed to
improve the safety and operations of the main travel lanes;
(II)
the geometric design of an interchange requires
the provision of a short section of frontage road for operational purposes;
(III)
there is no other feasible means to resolve
a landlock condition on the remainder of a parcel of land that has a value
that exceeds the cost of the frontage road;
(IV)
there is no other feasible means to restore
circulation of local traffic due to state or local roads or streets being
severed; or
(V)
frontage roads would be beneficial to the safety
and operation of the state highway corridor or the local road system as justified
by an engineering study approved by the department.
(ii)
The commission may approve frontage road construction
when they determine that such construction is in the best interest of the
state.
(B)
Existing facilities designated as controlled
access. For existing freeways and other facilities designated as controlled
access, it is the intent of the department not to construct new or additional
frontage roads.
(i)
The department may approve frontage road construction
when the executive director or designee determines that:
(I)
short sections of frontage road are needed to
improve the safety and operations of the main travel lanes;
(II)
the geometric design of an interchange requires
the provision of a short section of frontage road for operational purposes;
(III)
the anticipated cost to purchase the right
of access control would exceed the cost of the frontage road;
(IV)
there is no other feasible means to restore
circulation of local traffic due to state or local roads or streets being
severed; or
(V)
frontage roads would be beneficial to the safety
and operation of the state highway corridor or the local road system as justified
by an engineering study approved by the department.
(ii)
The commission may approve frontage road construction
when they determine that such construction is in the best interest of the
state.
(4)
Backage roads.
(A)
For purposes of this paragraph, "backage road"
means a local street or road that is generally parallel to an arterial highway
but that does not abut the highway right of way. Direct access for businesses
or properties located between the highway and the backage road is provided
to the backage road rather than the highway. Backage roads also provide access
to properties located on the opposite side of the backage road from the highway.
(B)
In those instances where backage roads are necessary
to restore circulation or can be utilized as a means to resolve a landlock
condition on a remaining parcel of land, backage roads may be included in
the freeway construction project on a standard participation basis as established
in Appendix A of §15.55(c) of this subchapter. Commission approval shall
be obtained prior to the department entering into any agreements to provide
backage roads in conjunction with a department project. Backage roads will
not be considered service projects as defined in §15.56 of this subchapter.
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(e)
Drainage Construction Costs.
(1)
In general, it shall be the duty and responsibility of
the department to construct, at its expense, a drainage system within state
highway right of way, including outfalls, to accommodate the storm water which
originates within and reaches state highway right of way from naturally contributing
drainage areas.
(2)
Where a drainage channel, man-made, natural, or a combination
of both, is in existence prior to the acquisition of highway right of way,
including right of way for widening the highway, it shall be the duty and
responsibility of the state to provide for the construction of the necessary
structures and/or channels to adjust or relocate the existing drainage channel
in such a manner that the operation of the drainage channel will not be injured.
The construction expense required shall be considered a construction item.
The acquisition of any land required to accomplish this work shall be considered
a right of way item, with cost participation to be in accordance with §15.55
of this title (relating to Construction Cost Participation).
(3)
Where an existing highway crosses an existing drainage
channel, and a political unit or subdivision with statutory responsibility
for drainage develops a drainage channel to improve its operation, both upstream
and downstream from the highway, and after the state establishes that the
drainage plan is logical and beneficial to the state highway system, and there
is no storm water being diverted to the highway location from an area which,
prior to the drainage plan, did not contribute to the channel upstream of
the highway, and after construction on the drainage channel has begun or there
is sufficient evidence to insure that the drainage plan will be implemented,
the department, at its expense, shall adjust the structure and/or channels
within the existing highway right of way as necessary to accommodate the approved
drainage plan.
(4)
Where a state highway is in existence, and there is a desire
of others to cross the existing highway at a place where there is not an existing
crossing for drainage, then those desiring to cross the highway must provide
for the entire cost of the construction and maintenance of the facility which
will serve their purpose while at the same time adequately serving the highway
traffic. The design, construction, operation, and maintenance procedures for
the facility within state highway right of way must be acceptable to the department.
(5)
In the event the local government involved expresses a
desire to join the department in the drainage system in order to divert drainage
into the system, the local government shall pay for the entire cost of collecting
and carrying the diverted water to the state's system and shall contribute
its proportional share of the cost of the system and outfall based on the
cubic feet per second of additional water diverted to it when compared to
the total cubic feet per second of water to be carried by the system. The
local government requesting the drainage diversion shall indemnify the state
against or otherwise acknowledge its responsibility for damages or claims
for damages resulting from such diversion.
(f)
Highway adjustments for reservoir construction.
(1)
Where existing highways and roads provide a satisfactory
traffic facility in the opinion of the department and no immediate rehabilitation
or reconstruction is contemplated, it shall be the responsibility of the reservoir
agency, at its expense, to replace the existing road facility disturbed by
reservoir construction in accordance with the current design standards of
the department, based upon the road classification and traffic needs.
(2)
Where no highway or road facility is in existence but where
a route has been designated for construction across a proposed reservoir area,
the department will bear the cost of constructing a satisfactory facility
across the proposed reservoir, on a line and grade for normal conditions of
topography and stream flow, and any additional expense as may be necessary
to construct the highway or road facility to line and grade to comply with
the requirements of the proposed reservoir shall be borne by the reservoir
agency.
(3)
In soil conservation and flood control projects involving
the construction of flood retarding structures where a highway or road operated
by the department will be inundated at less than calculated 50-year frequencies
by the construction of a floodwater retarding structure, it will be expected
that the soil conservation service or one of its cooperating agencies will
provide funds as necessary to raise or relocate the road above the water surface
elevation which might be expected at 50-year intervals. In those cases where
a highway or road operated by the department will not be inundated by floods
of less than 50-year calculated frequency, it will be the purpose of the department
to underwrite this hazard for the general welfare of the state and continue
to operate the road at its existing elevation until such time as interruption
and inconvenience to highway travel may necessitate raising the grade.
(g)
Irrigation crossings.
(1)
Where an irrigation facility is in existence prior to the
acquisition of highway right of way, including right of way for widening,
and the highway project will interfere with such a facility, the following
provisions shall govern.
(A)
If, at the place of interference, the irrigation facility
consists primarily of an irrigation canal which crosses the entire width of
the proposed right of way, this shall be considered a crossing and it shall
be the duty and responsibility of the department to construct and maintain
an adequate structure and to make the necessary adjustments or relocations
of minor laterals and pumps, etc., associated with the crossing, in such a
manner that the operation of the irrigation facility will not be injured.
The construction work at a crossing will be considered a construction item
with the expense to be borne by the department. The acquisition of any land
required to accomplish the adjustments and/or relocation shall be a right
of way consideration.
(B)
Any irrigation facility encountered which does not cross
the right of way and consists primarily of a longitudinal canal and/or associated
irrigation appurtenances such as pumps, gates, etc., which must be removed
and relocated shall be considered a right of way item.
(C)
In those cases where both crossing and longitudinal adjustments
or relocation of irrigation facilities are encountered, each segment shall
be classified in accordance with subparagraph (A) and (B) of this paragraph.
(2)
Where a highway is in existence, and there is a desire
of others to cross the existing highway with an irrigation facility at a highway
point where there is not an existing crossing facility, then those desiring
to cross the highway must provide for the entire cost of the construction
and maintenance of the irrigation facility which will serve their purpose
while at the same time adequately serve the highway traffic. The design, construction,
operation, and maintenance procedures for the facility within highway right
of way must be acceptable to the department.
(h)
Continuous and safety lighting systems and traffic signals.
For the installation, maintenance, and operation of continuous and safety
lighting systems and traffic signals, the local government shall be responsible
for providing matching funds as shown in Appendix A of §15.55 of this
title (relating to Construction Cost Participation), except as adjusted under
that section. Such installation, maintenance, and operation shall be accomplished
in accordance with §25.5 of this title (relating to Installation, Operation,
and Maintenance of Traffic Signals) and §25.11 of this title (relating
to Continuous and Safety Lighting Systems).
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on December 14, 2001.
TRD-200107886
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: January 27, 2002
For further information, please call: (512) 463-8630
The Texas Department of Transportation proposes amendments to §§17.1-17.3,
concerning motor vehicle certificates of title, and §§17.21, 17.22,
and 17.52, concerning motor vehicle registration.
EXPLANATION OF PROPOSED AMENDMENTS
House Bill 642, 77th Legislature, 2001, amended Transportation Code, Chapter
501, to eliminate the requirement that a "Duplicate Original" certificate
of title be issued and mailed to the recorded owner of a motor vehicle when
a lien is recorded on a certificate of title. Transportation Code, Chapter
501, was also amended by eliminating the term "Original" when referring to
the negotiable certificate of title; to allow use of a registration receipt
or title receipt to evidence title; and to allow the department to provide,
by rule, for issuance of a receipt for registration purposes only.
House Bill 2134, 77th Legislature, 2001, added Transportation Code §501.0276,
amended Transportation Code §502.009, and added Transportation Code §502.1535,
relating to vehicle emissions tests on resale in affected counties.
House Bill 2217, 77th Legislature, 2001, added Transportation Code, §501.036,
to allow the issuance of a certificate of title for farm semitrailers with
a gross weight of more than 4,000 pounds that are registered in accordance
with Transportation Code, §502.276. Previously, farm semitrailers were
exempt from the Certificate of Title Act.
House Bill 2204, 77th Legislature, 2001, exempts electric bicycles from
the need to be registered.
House Bill 1378, 77th Legislature, 2001, exempts motorized mobility devices
from the need to be registered.
House Bill 2409, 76th Legislature, 1999, amended Transportation Code, §548.256,
to eliminate the requirement of an identification certificate before a vehicle
is titled and to create exceptions to the need for an identification certificate
before a vehicle is registered.
Senate Bill 432, 76th Legislature, 1999, permitted owners to specify registration
periods under some circumstances.
Throughout the affected sections, terms and cross-references have been
updated, grammar has been improved, and language has been simplified and clarified.
Section 17.1 is amended to update the citation to the Certificate of Title
Act and to remove unnecessary verbiage.
Existing §17.2(5) is amended to clarify that the bond release letter
requirements apply only to motor vehicles that are imported into the United
States.
Existing §17.2(22) is amended to delete the definition of importer.
This definition is not currently used in the rules.
Existing §17.2(32) is amended to clarify that motor vehicle importation
forms refer only to vehicles that are imported into the United States.
Existing §17.2(33) and (37) is amended to delete the definitions of
negotiable and non-negotiable titles. This distinction was eliminated by HB
642.
Section §17.3(a)(2)(D) is added and §17.3(a)(3)(B) and §17.3(a)(4)
are amended to conform the rules to HB 2217, which allowed certificates of
title to be issued to farm semitrailers with a gross weight of more than 4,000
pounds if they are registered in accordance with Transportation Code, §502.276.
Section 17.3(b)(4)(C) is amended by clarifying that applicants for a certificate
of title must provide proof of financial responsibility.
Existing §17.3(b)(4)(D) is amended to conform the rules to HB 2409,
76th Legislature, 1999.
Section 17.3(c)(3) is amended to clarify that it refers only to vehicles
imported into the United States.
Section 17.3(d) is amended throughout to conform the rules to HB 642, which
abolished non-negotiable or duplicate certificates of title.
Section 17.3(d)(1) is amended to eliminate the reference to an original
certificate of title.
Section 17.3(d)(2) is amended to permit a title application receipt to
be used as evidence of title, except for purposes of transferring an ownership
interest or establishing a lien. Because title and registration receipts are
always issued on receipt of an application, the explanations in §17.3(d)(2)(A)
and (B) are no longer necessary.
Existing §17.3(e)(4) is deleted because the information is clearly
set forth in Transportation Code, §501.134.
Existing §17.21(8) and (9) is deleted and is replaced by new §17.21(31)
and (47) to place the definitions in alphabetical order without inverting
the normal word order. The definitions are altered to conform more closely
to those contained in Transportation Code, §502.001.
New §17.21(17) is added to conform the rules to HB 2204 and to define
electric bicycle.
Existing §17.21(24) is revised to include former military vehicles
in the definition of exhibition vehicles, as specified in Transportation Code, §502.275.
New §17.21(32) is added to conform the rules to HB 1378 and to define
motorized mobility device.
Existing §17.21(34) is amended to delete the definition of official.
This definition is not currently used in the rules.
Section 17.21(35) is amended to conform the definition of owner more closely
to the definition contained in Transportation Code, §502.001.
Section 17.21(38) is amended to conform the rules to SB 432, 76th Legislature,
1999, by allowing registration periods of variable length.
Existing §17.21(49) is amended to conform the definition of tow truck
more closely to the definition contained in Transportation Code, §502.281.
Existing §17.21(52) is amended to conform the definition of vehicle
more closely to the definition contained in Transportation Code, §502.001.
New §17.22(b)(4) is added to conform the rules to HB 642 and to provide
criteria for initial registration when the applicant is not simultaneously
applying for a certificate of title. The necessary information is consistent
with the information ordinarily submitted in connection with a combined application
for title and registration. The new paragraph makes clear that a registration
receipt cannot be used to transfer ownership or create a lien.
Section 17.22(f)(2) is amended to conform the rules to HB 2409, 76th Legislature,
1999.
Existing §17.52(b)(3) and (4) is deleted and is replaced by new §17.52(1)
and (7) to conform more closely to the terminology used in HB 2134 and elsewhere
in the section.
Section 17.52(d) is added to conform the rules to HB 2134. It provides
that a vehicle is not eligible for a title receipt, a certificate of title,
or registration in an affected county unless proof is presented to the county
assessor-collector that the vehicle has passed the emissions test. An exemption
is provided for vehicles used fewer than 60 days in an affected county.
FISCAL NOTE
James Bass, Director, Finance Division, has determined that for each of
the first five-years the amendments are in effect, there will be fiscal implications
for state or local governments as a result of enforcing or administering the
amendments. The effect on state government for Fiscal Years 2002-2006 will
be an estimated annual reduction in cost to the state of $882,000. There will
be no fiscal implications for local governments. There are no anticipated
economic costs for persons required to comply with the sections as proposed.
Jerry L. Dike, Director, Vehicle Titles and Registration Division, has
certified that there will be no significant impact on local economies or overall
employment as a result of enforcing or administering the amendments.
PUBLIC BENEFIT
Mr. Dike has also determined that for each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
enforcing or administering the amendments will be to provide the public with
current and accurate information regarding vehicle emission tests on resale,
issuance of certificates of title, and for filing of applications for registration
purposes only. The amendments will also provide a permissive issuance of a
certificate of title for those farm semitrailers with a gross weight of more
than 4,000 pounds that are registered in compliance with Transportation Code, §501.036.
Another benefit will be to provide for the use of electric bicycles and motorized
mobility devices without registration. There will be no adverse economic effect
on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed amendments may be submitted to Jerry L.
Dike, Director, Vehicle Titles and Registration Division, 125 East 11th Street,
Austin, Texas 78701-2483. The deadline for receipt of comments is 5:00 p.m.
on January 28, 2002.
Subchapter A. MOTOR VEHICLE CERTIFICATES OF TITLE
Chapter 15.
TRANSPORTATION PLANNING AND PROGRAMMING
on Freeway Mainlanes
].
(1)
For facilities with full control
of access, such as interstate highways or freeways developed by commission
designation pursuant to Transportation Code, Chapter 203, access to the main
travel lanes is fully controlled through designation, purchase of access rights,
or provision of frontage roads.]
(2)
The department will include
frontage roads in the planning stage of highways with full access control
when:]
(A)
it is necessary to unlandlock the remainder
of a parcel of land which has a value equal to or nearly equal to the cost
of the frontage road;]
(B)
the appraised damages, resulting from the absence
of frontage roads at the time of planning, would exceed the cost of the frontage
roads; or]
(C)
it is necessary to restore circulation of local
traffic due to local roads or streets being severed or seriously impaired
by the construction of the controlled access highway, and an economic analysis
shows the benefits derived more than offset the costs of constructing and
maintaining the frontage roads.]
(3)
In those instances where requests
for additional frontage roads are received during or subsequent to the planning
stage or after the freeway has been constructed, they may be considered and
placed in order of the priority of highway needs.]
(A)
When right of way and utility adjustment costs
are shared with a local government on a standard participation basis applicable
to the highway designation, the department may assume 100% responsibility
for additional frontage road construction as follows:]
(i)
on relatively short sections of frontage roads
where through lane traffic is experiencing high accident rates due to local
access and where such construction can be expected to substantially improve
safety; or]
(ii)
in heavily traveled urban corridors where
gaps occur in the existing frontage road systems, and closing these frontage
road gaps will restore system continuity and provide a cost-effective method
of enhancing traffic operations in the corridor.]
(B)
The department may assist a requesting local
government in the construction of additional frontage roads as follows:]
(i)
where a usable section of frontage road that
will be of benefit to the traveling public is to be developed (usable section
being defined as an addition or extension from a cross road separation to
cross road separation or connecting to a public roadway or major traffic generator);]
(ii)
where such frontage road construction is judged
to not adversely impact existing traffic operations or safety;]
(iii)
where the department is responsible for design
and construction of the added frontage roads; and]
(iv)
except as provided in subparagraph (E) of
this paragraph, and as adjusted under §15.55 of this title (relating
to Construction Cost Participation), when the requesting local government
furnishes 100% of needed right of way and utility adjustment costs and 50%
of the cost of construction, including preliminary and construction engineering.]
(C)
The department may approve additional frontage
road construction, which is 100% funded by the requesting local government
as follows:]
(i)
if the frontage road construction primarily
provides new or improved access to abutting property and does not necessarily
provide a usable section as defined in subparagraph (B)(i) of this paragraph
(a type of addition that would provide limited benefits to the general traveling
public); and]
(ii)
except as provided in subparagraph (E) of
this paragraph, where the department is responsible for designing and constructing
the frontage road and the requesting local government is responsible for 100%
of the construction, right of way, and utility adjustment costs including
preliminary and construction engineering.]
(D)
Where right of way costs are 100% the responsibility
of the requesting local government, relocation assistance benefits will also
be 100% the responsibility of the local government and must be accomplished
in compliance with department policies and procedures.]
(E)
The department may waive any one or more of
the cost conditions stated in subparagraphs (B)(iv) and (C)(ii) of this paragraph,
provided that the waiver is first approved by written order of the commission.
In approving a waiver, the commission will base its decision on consideration
of the population level, bonded indebtedness, tax base, and tax rate of the
local government involved, or other conditions the commission deems pertinent.]
(4)
For additional frontage roads
requested subsequent to the planning stage or after the freeway has been constructed,
control of access as originally conceived for the facility may be modified
to allow access to the proposed frontage road only to the extent as may be
permitted by safety considerations and in keeping with department policies
and procedures. The sale or disposal of access rights shall be accomplished
in accordance with §§21.101-21.104 of this title (relating to Disposal
of Real Estate Interests).]
(5)
Access driveway facilities
shall be for securing access to abutting property. Costs and provision thereof
shall be in accordance with the criteria and responsibilities established
in §§11.50-11.53 of this title (relating to Access Driveways to
State Highways).]
Chapter 17.
VEHICLE TITLES AND REGISTRATION