Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 7. BANKING AND SECURITIES Part II. Banking Department of Texas Chapter 26. Perpetual Care Cemeteries 7 TAC sec.26.1 The Banking Department of Texas is renewing the effectiveness of the emergency adoption of new sec.26.1, for a 60-day period effective December 30, 1993. The text of new sec.26.1 was originally published in the September 7, 1993, issue of the Texas Register (18 TexReg 5932). Issued in Austin, Texas, on December 8, 1993. TRD-9333246 Everette D. Jobe General Counsel Banking Department of Texas Effective date: December 30, 1993 Expiration date: February 28, 1994 For further information, please call: (512) 475-1300 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part II. Texas Rehabilitation Commission Chapter 116. Advisory Committees/Councils 40 TAC sec.sec.116.1-116.9 The Texas Rehabilitation Commission is renewing the effectiveness of the emergency adoption of new sec.sec.116.1-116.9, for a 60-day period effective December 14, 1993. The text of new sec.sec.116.1-116.9 was originally published in the October 22, 1993, issue of the Texas Register (18 TexReg 7331). Issued in Austin, Texas, on December 7, 1993. TRD-9333196 Charles W. Schiesser Associate Commissioner for Legal Services Texas Rehabilitation Commission Effective date: December 14, 1993 Expiration date: February 12, 1994 For further information, please call: (512) 483-4051 TITLE 43. TRANSPORTATION Part I. Texas Department of Transportation Chapter 9. [Division of Construction and] Contract Management 43 TAC sec.9.21 The Texas Department of Transportation adopts on an emergency basis amendments to sec.9.21, concerning Definitions of the department's Emergency Contract Procedures. Section 9.21 is amended to revise the definition of deputy executive director. The Department presently has rules for emergency contracting procedures, codified at 43 TAC sec.sec.9.20-9.22, which provide that the executive director or his designee not below the level of deputy executive director must certify the fact and nature of the emergency giving rise to the award of a contract under these sections, and that the executive director or his designee not below the level of deputy executive director may authorize the waiving of bonds or insurance requirements. At the time the current rules were adopted the position of deputy executive director was the only second-tier management position in the Department. Due to the reorganization of the department which established six second-tier management positions, with all six on an equivalent level of authority, it is necessary to amend sec.9.21 on an emergency basis to include all six second-tier management positions. The emergency amendment will assure that the emergency contracting procedures continue without interruption, thereby protecting the vital interests, safety, and welfare of the taxpayers and the travelling public. The emergency amendment is adopted under Texas Civil Statutes, Article 6666, which provide the Texas Department of Transportation with the authority to establish rules for the conduct of the work of the Texas Department of Transportation, and more specifically by Texas Civil Statutes, Article 6674h-2, which authorize the department to establish rules for the expedited award of highway improvement contracts to meet emergency conditions in which essential corrective or preventive action would be unreasonably hampered or delayed by compliance with other laws. sec.9.21. Definitions. The following words and terms, when used in the sections under this undesignated head, shall have the following meanings, unless the context clearly indicates otherwise. Commission-The Texas Transportation Commission. Department-The Texas Department of Transportation. Deputy executive director-Any one of six second-tier managers appointed by the executive director to the position of deputy executive director or assistant executive director
    [The deputy executive director of the Texas Department of Transportation.] District engineer -The chief executive officer in each of the designated district offices of the department. Emergency-Any situation or condition of a designated state highway, resulting from a natural or man-made cause, which poses an imminent threat to life or property of the travelling public or which substantially disrupts the orderly flow of traffic and commerce. Executive director -The executive director of the Texas Department of Transportation. Highway improvement contract-Any contract, let by the Texas Department of Transportation for the construction, reconstruction, repair, or maintenance of a designated state highway or any part of such highway facility. Issued in Austin, Texas, on December 7, 1993. TRD-9333221 Diane L. Northam Legal Administrative Assistant Texas Department of Transportation Effective date: December 7, 1993 Expiration date: April 4, 1994 For further information, please call: (512) 463-8630