PART 1. TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 24. TRANS-TEXAS CORRIDOR
SUBCHAPTER B. DEVELOPMENT OF FACILITIES
The Texas Department of Transportation (department) proposes amendments to §24.13, concerning corridor planning and development.
EXPLANATION OF PROPOSED AMENDMENTS
The Texas Transportation Commission (commission) creates corridor segment committees for proposed segments of the Trans-Texas Corridor or certain transportation facilities that may become segments of the Trans-Texas Corridor to provide input, advice, and recommendations to the commission and the department regarding the designation of a route for the segment for which the committee was created and the construction of the proposed segment of the Trans-Texas Corridor or a facility that may become all or part of the segment.
As the commission recently began to consider representation on corridor segment committees, it became apparent that some organizations that have an interest in the transportation facilities and within whose service areas the proposed corridor segments will be located do not qualify for representation on the applicable committee under current 43 TAC §24.13.
Amendments to §24.13, Corridor Planning and Development, modify subsection (c)(2)(D) to add to the entities that the commission may designate for representation on a corridor segment committee, an organization, regardless of how it is formed, that has an interest in transportation and whose service area includes a part of the proposed segment and to provide the commission with the authority to appoint to the committee additional members who reside or have businesses in the area of the proposed segment and who have an interest in transportation. This change gives the commission the flexibility to add members to a corridor segment committee that represent a wide range of entities that have special interest in transportation in the area and that will be affected by the proposed segment of the Trans-Texas Corridor or a facility that may become a part of the corridor but that under the current rules are not allowed representation on the committee. Having members appointed by those entities will ensure that a committee represents the interests of local and regional groups that have an interest in where a segment or facility is located and whether it will be constructed.
FISCAL NOTE
James Bass, Chief Financial Officer, has determined that for each of the first five years the amendments as proposed are in effect, there will be no fiscal implications for state or local governments as a result of enforcing or administering the amendments.
Mark Tomlinson, Director, 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 amendments.
PUBLIC BENEFIT AND COST
Mr. Tomlinson 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 allow a broader representation on corridor segment committees which provide the commission and department with advice and recommendations regarding the route and construction of segments of the Trans-Texas Corridor. There are no anticipated economic costs for persons required to comply with the sections as proposed. There will be no adverse economic effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed amendments to §24.13 may be submitted to Mark Tomlinson, Director, 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 February 2, 2009.
STATUTORY AUTHORITY
The amendments are proposed under Transportation Code, §201.101, which provides the commission with the authority to establish rules for the conduct of the work of the department, and more specifically, Transportation Code, §227.002, which provides the commission with the authority to adopt rules as necessary or convenient to implement and administer Transportation Code, Chapter 227.
CROSS REFERENCE TO STATUTE
Transportation Code, Chapter 227.
§24.13.Corridor Planning and Development.
(a) - (b) (No change.)
(c) Corridor segment committees.
(1) (No change.)
(2) Membership. A corridor segment committee consists of the following members:
(A) - (C) (No change.)
(D) additional members, each of whom: [representing
the ports, chambers of commerce, or economic development councils
and corporations designated by the commission, within whose service
area all or part of a proposed segment or facility may be located,
each of whom will be appointed by the governing body of a designated
entity.]
(i) will represent, and be appointed by the governing body of, a port, chamber of commerce, economic development council or corporation, or other organization that has an interest in transportation, within whose service area all or part of a proposed segment or facility may be located and that is designated by the commission to appoint a member of the committee; or
(ii) is an individual who resides or has a business in the area in which the segment or facility may be located, has an interest in transportation, and is appointed to the committee by the commission.
(3) - (6) (No change.)
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 18, 2008.
TRD-200806571
Bob Jackson
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: February 1, 2009
For further information, please call: (512) 463-8683