Part 1.
TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 4.
EMPLOYMENT PRACTICES
Subchapter B. JOB APPLICATION PROCEDURES
43 TAC §4.13
The Texas Department of Transportation (department) proposes
amendments to §4.13, concerning job application procedures.
EXPLANATION OF PROPOSED AMENDMENTS
Prior to June 17, 2005, Transportation Code, §201.403(a) required
the department to open all department positions compensated at or above salary
group 21 to applicants from inside and outside the department. This statute
was enacted in 1991 under a former classification system. A salary group 21
under the 1991 classification system is now the equivalent to a group B13.
The classification system in 1991 also considered group 21 and above to be
director positions. The department implemented the statute by adopting §4.13,
which requires the department to distribute notice of job vacancies in salary
groups B13 and above to the Texas Workforce Commission.
House Bill 1814, 79th Legislature, Regular Session, 2005, amended Transportation
Code, §201.403(a), effective June 17, 2005, to require the department
to open positions compensated at or above salary group B17 to applicants inside
and outside the department. Under the state's current classification system,
a director position is considered to begin at group B17.
Consistent with the authority granted by House Bill 1814, and consistent
with the state's current classification for director positions, the department
proposes an amendment to §4.13 that changes the requirement to distribute
notice of vacancies from salary group B13 and above to salary group B17 and
above.
FISCAL NOTE
James Bass, Chief Financial Officer, has determined that for each of the
first five years the amendment as proposed is in effect, there will be no
fiscal implications for state or local governments as a result of enforcing
or administering the amendment. There are no anticipated economic costs for
persons required to comply with the section as proposed.
Diana 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 amendment.
PUBLIC BENEFIT
Ms. Isabel has also determined that for each year of the first five years
the section is in effect, the public benefit anticipated as a result of enforcing
or administering the amendment will be to enhance the department's ability
to hire employees with critical skills efficiently and in a more expeditious
manner. There will be no adverse economic effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed amendment to §4.13 may be submitted
to Diana 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 September 12, 2005.
STATUTORY AUTHORITY:
The amendment is 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 department.
CROSS REFERENCE TO STATUTE: Transportation Code, §201.403.
§4.13.Notification.
The department shall notify its employees and the public of vacant
positions by:
(1)
distributing job vacancy information statewide to each
department area, district, and division office;
(2)
distributing notices of vacancies in salary groups
B17
[
(3)
publishing vacancy information as appropriate in newspapers
and recognized minority publications of general circulation in the state.
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 July 29, 2005.
TRD-200503112
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: September 11, 2005
For further information, please call: (512) 463-8630
Subchapter B. CONTRACTS
43 TAC §7.11
The Texas Department of Transportation (department) proposes
new §7.11, concerning Comprehensive Development Agreements.
EXPLANATION OF PROPOSED NEW SECTION
House Bill 2702, 79th Legislature, Regular Session, 2005, added Transportation
Code, §91.054, to authorize the department to enter into a comprehensive
development agreement that provides for the financing, design, acquisition,
construction, maintenance, or operation of a rail facility or system.
Transportation Code, §91.054 authorizes the department, to the extent
and in the manner that the department may enter into comprehensive development
agreements under Transportation Code, Chapter 223, to enter into comprehensive
development agreements under Chapter 91 with regard to rail facilities or
systems. Section 91.054 provides that all provisions of Chapter 223 relating
to comprehensive development agreements apply to comprehensive development
agreements for rail facilities under Chapter 91.
Rules relating to comprehensive development agreements for turnpike or
toll projects developed under Chapter 223 are contained in Chapter 27, Subchapter
A of this title. As those rules have proven effective for the procurement
of comprehensive development agreements for turnpike or toll projects, new §7.11
provides that, to the extent and in the manner that the department may enter
into a comprehensive development agreement with respect to a turnpike or toll
project under Chapter 27, Subchapter A, the department may enter into a comprehensive
development agreement for the financing, design, acquisition, construction,
maintenance, or operation of a rail facility or system.
Section 7.11 requires the department to utilize the processes and procedures
provided in Chapter 27, Subchapter A when requesting qualifications and proposals
or accepting unsolicited proposals for the financing, design, acquisition,
construction, maintenance, or operation of a rail facility or system, when
evaluating and ranking submissions and proposals, and when selecting the proposal
that provides the best value to the department.
As authorized by Transportation Code, §91.054, new §7.11 provides
that the department may combine in a comprehensive development agreement a
rail facility or system and a turnpike or toll project. Section 7.11 also
provides that rail facility and system have the meanings assigned by Chapter
91.
FISCAL NOTE
James Bass, Chief Financial Officer, has determined that for each of the
first five years the new section as proposed is in effect, there will be no
fiscal implications for state or local governments as a result of enforcing
or administering the new section. The authority to enter into comprehensive
development agreements for the financing, design, acquisition, construction,
maintenance, or operation of a rail facility or system will be accomplished
using existing department staff. There are no anticipated economic costs for
persons required to comply with the section as proposed.
Phillip E. Russell, P.E., Director, Texas Turnpike Authority Division,
has certified that there will be no significant impact on local economies
or overall employment as a result of enforcing or administering the new section.
PUBLIC BENEFIT
Mr. Russell has also determined that for each year of the first five years
the section is in effect, the public benefit anticipated as a result of enforcing
or administering the new section will be to decrease the time required to
develop department rail facilities or systems and to facilitate agreements
with private participants in projects to develop rail facilities or systems.
There will be no adverse economic effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed new section may be submitted to Phillip
E. Russell, P.E., Director, Texas Turnpike Authority Division, Texas Department
of Transportation, 125 East 11th Street, Austin, Texas 78701-2483. The deadline
for receipt of comments is 5:00 p.m. on September 12, 2005.
STATUTORY AUTHORITY
The new section is proposed under Transportation Code, §201.101, which
provides the Texas Transportation Commission (commission) with the authority
to establish rules for the conduct of the work of the department, and more
specifically, Transportation Code, §91.003, which provides the commission
with the authority to adopt rules necessary to implement Chapter 91.
CROSS REFERENCE TO STATUTE
Transportation Code, §91.054.
§7.11.Comprehensive Development Agreements.
(a)
To the extent and in the manner that the department may
enter into a comprehensive development agreement with respect to a turnpike
or toll project under Chapter 27, Subchapter A of this title (relating to
Policy, Rules, and Procedures for Private Involvement in Department Turnpike
Projects), the department may enter into a comprehensive development agreement
for the financing, design, acquisition, construction, maintenance, or operation
of a rail facility or system.
(b)
The department shall utilize the processes and procedures
provided in Chapter 27, Subchapter A of this title when considering the use
of a comprehensive development agreement, including when:
(1)
requesting qualifications and proposals or accepting unsolicited
proposals for the financing, design, acquisition, construction, maintenance,
or operation of a rail facility or system;
(2)
evaluating and ranking submissions and proposals; and
(3)
selecting the proposal that provides the best value to
the department.
(c)
The department may combine in a comprehensive development
agreement a rail facility or system and a turnpike or toll project as defined
in Transportation Code, §201.001.
(d)
In this section, "rail facility" and "system" have the
meanings assigned in Transportation Code, Chapter 91.
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 July 29, 2005.
TRD-200503113
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: September 11, 2005
For further information, please call: (512) 463-8630
Subchapter A. TRANSPORTATION PLANNING
B13
] and above, and all jobs for which the public will
be considered, with the Texas Workforce Commission; and
Chapter 7.
RAIL FACILITIES
Chapter 15.
TRANSPORTATION PLANNING AND PROGRAMMING