EMERGENCY RULESAn 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 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. Transportation Code, sec.203.002, authorizes the Texas Transportation Commission to lay out, construct, maintain, and operate a modern state highway system. Transportation Code, Chapter 223 requires the department to submit for competitive bids each contract for the improvement of a highway that is part of the state highway system, or materials to be used in the construction or maintenance of that highway. Transportation Code, sec.223.007, provides that the commission shall prescribe the form of a highway improvement contract. The department's preliminary internal assessment of the state's transportation needs for 1997- 2006 has revealed that current funding levels will result in substantial deterioration of the state highway system's pavement quality, bridges, and urban mobility. The Texas Sunset Advisory Commission's 1996 Staff Report on the department identified a funding crisis for highway system improvements that endangers the department's ability to address its responsibilities under Transportation Code, sec.203.002. Texas Civil Statutes, Article 6252-33, provide that a state agency which 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. The Transportation Systems Efficiency Advisory Committee will provide a mechanism for the department and the commission to solicit input from the private sector in identifying innovative methods to reduce department costs in the construction and maintenance of the state highway system, thereby providing some relief to the funding crisis. It is necessary to adopt this amendment to sec.1.85 on an emergency basis to provide an immediate response to the funding crisis which endangers the safety of the traveling public. The amendment is adopted on an emergency basis under Transportation Code, sec.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 Texas Civil Statutes, Article 6252-33, which provides 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. (1)-(17) (No change.) Transportation Systems Efficiency Advisory Committee.
    Purpose. The Transportation Systems Efficiency Advisory Committee recommends specific actions to reduce the costs of constructing, reconstructing, and maintaining the state highway system without sacrificing the quality or safety of the state highway system and its operation. The recommended actions shall reduce costs either through direct cost reduction, or indirectly through practices that might lead to longer-term reduction of maintenance costs or the extension of expected life cycles of department projects.
      Duties. The committee shall recommend cost-saving actions relating to:
        the acquisition and use of equipment;
          the quality of roadway material;
            the design of state highway improvements and the preparation of plans, specifications, and estimates;
              contracting procedures; and
                other actions which would result in a cost-saving to the taxpayers.
                  Manner of reporting. The committee shall report its recommendations to the executive director who will submit the report with staff recommendations to the commission.
                    Duration. The committee is abolished upon submittal of its final recommendations to the executive director.
                      (b)-(c) (No change.) This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 18, 1996. TRD-9608764 Bob Jackson Deputy General Counsel Texas Department of Transportation Effective date: June 18, 1996 Expiration date: October 17, 1996 For further information, please call: (512) 463-8630 CHAPTER 21.Right of Way Control of Outdoor Advertising Signs 43 TAC sec.sec.21.142, 21.146, 21.150 The Texas Department of Transportation adopts on an emergency basis amendments to sec.sec.21.142, 21.146, and 21.150, concerning definitions, signs controlled, and permits, which relate to control of outdoor advertising signs. The National Highway System Designation Act of 1995 which was passed on November 28, 1995, amended Title 23, United States Code, sec.101 to provide for the designation of the national highway system and for other purposes. Title 23, United States Code, sec.131 requires the states to control outdoor advertising along the interstate and primary systems. Section 131(t) defines the primary system for purposes of the Federal Highway Beautification Act as the primary system in existence on June 1, 1991, and any highway which is not on such system but which is on the national highway system. Transportation Code, Chapter 391, previously codified at Texas Civil Statutes, Article 4477-9a (the "Highway Beautification Act"), provides the department with authority to control outdoor signs on the interstate or primary system of highways. The amendment to sec.21.142 modifies the definition of federal-aid primary highway to include those highways on the National Highway System as defined under Title 23, United States Code, sec.103(b) and those highways on the primary system as of June 1, 1991. The amendment also adds a definition for National Highway System. The amendment to sec.21.146 allows the department to permit legally erected signs along highways which were not previously subject to the department's jurisdiction under the State Highway Beautification Act but which were later added to the interstate or primary system. The amendment to sec.21.150 allows the department to convert a sign registration or permit issued under sec.21.431 or sec.21.441, relating to Control of Signs Along Rural Roads, to a permit for a sign under the State Highway Beautification Act. The holder of a converted permit will not be required to pay an initial permit fee; however, the holder will be required to pay annual renewal fees. It is necessary to adopt these new sections on an emergency basis in order to comply with the Federal Highway Beautification Act and to minimize the potential for nonconforming signs to be erected in areas which will be regulated by the department upon approval of these amendments. The amendments are adopted on an emergency basis under Transportation Code, sec.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 Texas Transportation Code, sec.391.065, which authorizes the commission to adopt rules to regulate the erection and maintenance of outdoor advertising signs along the interstate and primary system of highways. sec.21.142.Definitions. undesignated head
                        [chapter], shall have the following meanings, unless the context clearly indicates otherwise. [Federal-aid primary highway system- That portion of connected main highways located within the State of Texas which now or hereafter may be so designated officially by the Texas Transportation Commission and approved pursuant to 23 United State Code sec.103.] National Highway System
                          - That portion of connected main highways located within the State of Texas which now or hereafter may be so designated officially by the commission and approved pursuant to 23 United States Code sec.103.
                            Primary system or federal-aid primary system That portion of connected main highways which were designated by the commission as the federal-aid primary system in existence on June 1, 1991 and any highway which is not on such system but which is on the National Highway System.
                              sec.21.146. Signs Controlled. (a) No outdoor advertising sign which is visible from the main traveled way of a highway which is a part of the interstate or federal-aid primary systems may be erected or maintained along an interstate or federal-aid primary highway except in accordance with these sections unless such sign was in place prior to the time the location along such highway first became subject to control under the highway beautification laws. A permit must be obtained and renewed annually in order to maintain any sign, including a sign in existence prior to such time as the highway along which it is located became subject to the Act.
                                (b) (No change.) sec.21.150.Permits. (a) Eligibility. Except as provided in subsection (k) of this section, a permit under this section may only be issued to a sign owner holding a valid license issued pursuant to sec.21.149 of this title (relating to Licenses). (b) Application and issuance. (1)-(3) (No change.) (4) If approved, a copy of the application, endorsed by the district engineer, or his or her designee, and a Texas sign permit plate will be issued to the applicant. Not later than 30 days after erection of the permitted sign, or after the issuance of a permit if the sign is lawfully in existence when the highway along which it is located becomes subject to control by the department,
                                  the sign owner shall cause the permit plate to be securely attached to that portion of the sign structure nearest the highway and visible from the main traveled way. (c)-(k) (No change.) Conversion of rural road permits and registrations. The department will convert a registration issued under sec.21.431 of this title (relating to Registration of Existing Off-Premise Signs) or a permit issued under sec.21.441 of this title (relating to Permit for Erection of Off-Premise Sign) to a permit under this section if a highway previously controlled in accordance with Transportation Code, Chapter 394 becomes subject to control under the Act. A holder of a permit or registration converted under this subsection will not be required to pay an original permit fee under subsection(c)(A) of this section; however, the permit must be renewed annually under subsection (c)(B) of this section. In the event a sign owner has prepaid registration fees, the outstanding prepayment will be credited to the sign owner's annual renewal fee.
                                    This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 18, 1996. TRD-9608765 Bob Jackson Deputy General Counsel Texas Department of Transportation Effective date: June 18, 1996 Expiration date: October 17, 1996 For further information, please call: (512) 463-8630