EMERGENCY RULES 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 and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional 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 22. EXAMINING BOARDS Part V. Texas State Board of Dental Examiners Chapter 109. Conduct Infection Control 22 TAC sec.109.222 The Texas State Board of Dental Examiners is renewing the effectiveness of the emergency adoption of amended sec.109.222, for a 60-day period effective March 23, 1994. The text of amended sec.109.222 was originally published in the December 3, 1993, issue of the Texas Register (18 TexReg 8837). Issued in Austin, Texas, on March 4, 1994. TRD-9437097 C. Thomas Camp Executive Director Texas State Board of Dental Examiners Effective date: March 23, 1994 Expiration date: May 23, 1994 For further information, please call: (512) 463-6400 TITLE 43. TRANSPORTATION Part I. Texas Department of Transportation Chapter 1. Management Advisory Committees 43 TAC sec.1.85 The Texas Department of Transportation adopts on an emergency basis an amendment to sec.1.85, concerning department advisory committees. Section 1.85 is also being simultaneously proposed for public comment in this issue of the Texas Register. Section 1.85(a)(5) is amended to rename the Statewide Transportation Plan External Advisory Committee the Statewide Transportation Policy Committee; provide that the committee shall report to the commission; authorize the committee to appoint one or more issue committees; and authorize the department to reimburse committee members for travel expenses. State and federal law require the department to develop a statewide multimodal transportation plan and to provide for public input during the development of the plan. Federal law requires the plan to be completed by 1995. It is necessary to amend s1.85(a)(5) on an emergency basis to provide for sufficient public input and to expedite development of the plan, thereby allowing the department to comply with the state and federal requirements. Section 1.85(a) is also amended by adding paragraph (17) to establish a Motor Transportation Advisory Committee to provide advice to the department with respect to the issuance of permits for the movement of oversize and overweight vehicles and loads, the registration of trucks and motor buses, future truck and motor bus equipment and highway needs, coordination of regulatory and enforcement activities of state agencies affecting the trucking and motor bus industries, truck and motor bus safety, opportunities for one-stop shopping for state services and requirements of trucks and motor bus companies, and other issues concerning the department and the trucking and motor bus industries. It is necessary to amend sec.1.85(a)(17) on an emergency basis to allow for the immediate resolution of issues concerning the safety and economic welfare of the trucking and motor bus industries and the general public. The emergency amendment is proposed under Texas Civil Statutes, Article 6666, which provide 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 by Texas Civil Statutes, Article 6252-33, which provide that a state agency that is advised by an advisory committee shall adopt rules that state the purpose of the committee and describe the task of the committee and the manner in which the committee will report to the agency. sec.1.85. Department Advisory Committees. (a) Creation. The following committees are established as department advisory committees. (1)-(4) (No change.) (5) Statewide Transportation Policy Committee
    [Plan External Advisory Panel]. (A) Purpose. Texas Civil Statutes, Article 6663(f) and 23 U.S.C., sec.135 require the department to develop a statewide multimodal transportation plan that encompasses all modes of transportation. Federal law further provide that in developing the plan the department must seek public input from interested parties. To comply with these requirements, the Statewide Transportation Policy Committee, to be composed of private transportation providers and other governmental agencies and individuals concerned with transportation, will advise the department on its statewide transportation plan
      . [The panel, appointed by the Deputy Executive Director for Transportation Planning and Development and composed of representatives of other governmental agencies concerned with transportation and private transportation providers, thereby ensuring multimodal input as required by federal law, is created to advise the department on its statewide transportation plan.] The committee will provide
        [panel provides] a forum for identifying issues to be addressed by the planning process and for providing
          [provides] input into the department's planning process. The committee
            [panel] members represent a constituency of interests and in this way broadens input into the planning
              process. (B) Duties. The committee
                [panel] shall: (i) review and comment on issue
                  [white] papers prepared as part of developing recommended goals for Texas' transportation system; (ii) review and comment on the draft statewide transportation plan; [and] (iii) have its members serve as chairs of issue committees to develop and explore issues that pertain to the statewide transportation planning process; and (iv)
                    [(iii)] provide logistical assistance such as furnishing data and existing planning materials. (C) Manner of reporting. The committee
                      [panel] shall report its advice and recommendations to the commission
                        [department's Multimodal Planning Team]. (D) Statewide Transportation policy issue committees. (i) The Statewide Transportation Policy Committee may appoint one or more issue committees to advise it on specific planning issues, such as environmental, intermodal, financial, and special transportation needs. (ii) An issue committee shall report its advice and recommendations to the Statewide Transportation Policy Committee. (E) Reimbursement. The department may reimburse a member of the Statewide Transportation Policy Committee or an issue committee for reasonable and necessary travel expenses. Current rules and laws governing reimbursement of expenses for state employees shall govern reimbursement of expenses for advisory committee members. (6)-(16) (No change.) (17) Motor Transportation Advisory Committee. (A) Purpose. The Motor Transportation Advisory Committee provides a forum for communication among state agencies, the trucking industry, motor bus companies that do not operate wholly within the limits of any incorporated town or city and its suburbs, and the affected public in a cooperative effort to seek solutions to common problems, and to support the department's mission to work cooperatively to provide safe, effective, and efficient movement of people and goods. (B) Duties. The Motor Transportation Advisory Committee shall provide advice with respect to: (i) the issuance of permits for the movement of oversize and overweight vehicles and loads; (ii) the registration of trucks and motor buses; (iii) future truck and motor bus equipment and highway needs; (iv) coordination of regulatory and enforcement activities of state agencies affecting the trucking and motor bus industries; (v) truck and motor bus safety; (vi) opportunities for one-stop shopping for state services and requirements of trucks and motor bus companies; and (vii) other issues concerning the department and the trucking and motor bus industries. (C) Manner of reporting. The committee shall report its advice and recommendations to the Assistant Executive Director for Motorist Services and the Assistant Executive Director for Multimodal Transportation. (b)-(c) (No change.) Issued in Austin, Texas, on March 4, 1994. TRD-9437136 Diane L. Northam Legal Executive Assistant Texas Department of Transportation Effective date: March 4, 1994 Expiration date: July 3, 1994 For further information, please call: (512) 463-8630