43 TAC §50.32
The Board of Directors of the Texas Turnpike Authority Division
of the Texas Department of Transportation (the "Board") proposes new §50.32,
concerning public access to board meetings.
EXPLANATION OF PROPOSED RULE
Senate Bill 370, 75th Legislature, 1997, created the Texas Turnpike Authority
Division of the Texas Department of Transportation (division), to be governed
by a Board of Directors.
Transportation Code, §361.051, requires the division to make and implement
policies that provide the public with a reasonable opportunity to appear
before the Board to speak on any issue under the jurisdiction of the division.
In compliance with §361.051, §50.32 provides policies and procedures
governing public access to the Board in order to facilitate that access and
maximize public participation in the decision-making process, while ensuring
orderly and effective conduct of Board meetings.
Section 50.32. Provides for the following: persons to speak on posted agenda
items; for persons to request the department to add an item to the board
agenda; for persons to speak on any matter under the board's jurisdiction
during an open-comment period; that persons with special communication or
accommodation needs may contact the division which will make every effort
to accommodate; for notice of board meetings in accordance with the Open
Meetings Act; guidelines for meeting attendees to assure proper decorum,
opportunity to be heard, and orderly proceedings; for the presiding officer
of the board to waive requirements of this section in the public interest
if necessary for the performance of the responsibilities of the division.
FISCAL NOTE
Frank J. Smith, Director, Budget and Finance Division, has determined that
for the first five years the new section as proposed is in effect, there
will be no significant fiscal implications for state or local governments
as a result of enforcement or administration of the section. There are no
anticipated economic costs to persons required to comply with the section
as proposed.
Pete Davis, 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 proposed rule.
PUBLIC BENEFIT
Mr. Davis also has determined that for each year of the first five years
the section as proposed is in effect, the public benefit anticipated as a
result of the new section on public access to Board meetings will be greater
clarity and consistency in dealing with the public and providing the public
access to the Board. There will be no effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed new section may be submitted to Pete Davis,
P.E., Director, Texas Turnpike Authority Division, 125 East 11th Street,
Austin, Texas 78701-2483, (512) 936-0903, fax (512) 305-9518. The deadline
for receipt of comments will be 5:00 p.m. on March 2, 1998.
STATUTORY DIVISION
The new section is proposed under Transportation Code, §360.042, which
requires the Board to adopt rules for the regulation of its affairs and the
conduct of its business, and more specifically, Transportation Code, §361.042,
which requires the division to make and implement policies that provide the
public with a reasonable opportunity to appear before the Board to speak
on any issue under the jurisdiction of the division.
There are no other rules, codes, or statutes that will be affected by this
proposal.
§ 50.32.Public Access to Board Meetings.
(a)
Purpose. This section provides policies and procedures
governing public access to the board in order to facilitate that access and
maximize public participation in the decision-making process, while ensuring
orderly and effective conduct of meetings.
(b)
Posted agenda items. A person may speak before the board
on any matter on a posted agenda by submitting a request, in a form and manner
as prescribed by the authority, prior to the matter being taken up by the
board. A person speaking before the board on an agenda item will be allowed
an opportunity to speak:
(1)
prior to a vote by the board on the item; and
(2)
for a maximum of three minutes, except as provided
in subsection (g)(6) of this section.
(c)
New agenda items.
(1)
A person may request the authority to add an item to the
board agenda by submitting, no less than 20 days prior to the date which
has been set for the next meeting, the following information:
(A)
the name and address of the person making the request;
(B)
a clear and concise statement of the subject of the proposed
agenda item; and
(C)
a brief summary of the action sought.
(2)
If the authority determines that the proposed
item is within the jurisdiction of the board, the matter will be placed on
the posted agenda for the next or a subsequent meeting, consistent with available
time. If the proposed item concerns a matter that has appeared on the posted
agenda of a board meeting during the previous six months, the request may
be denied or deferred for consideration at the discretion of the authority
and the board.
(d)
Open comment period.
(1)
At the conclusion of the posted agenda of each regular
business meeting, the board will allow an open comment period, not to exceed
one hour, to receive public comment on any other matter that is under the
jurisdiction of the board.
(2)
A person desiring to appear under this subsection
must complete a registration form, as provided by the authority, prior to
the beginning of the open comment period.
(3)
Except as provided in subsection (g)(6) of this section,
each person will be allowed to speak for a maximum of three minutes for each
presentation in the order in which he or she registered.
(e)
Disability accommodation. Persons with disabilities who
have special communication or accommodation needs and who plan to attend
a meeting may contact the authority's office in Austin. Requests should be
made at least two days before a meeting. The authority will make every reasonable
effort to accommodate these needs.
(f)
Notice. For each board meeting a notice and a summary
agenda will be published in the
Texas Register
,
and, not less than seven days prior to that meeting, a notice and complete
agenda will be filed with the Secretary of State.
(g)
Conduct and decorum. The board will receive public input
as authorized by this section, subject to the following guidelines.
(1)
Questioning of those making presentations will be reserved
to board members and the authority's administrative staff.
(2)
Organizations, associations, or groups are encouraged
to present their commonly held views, and same or similar comments, through
a representative member when possible.
(3)
Presentations shall remain pertinent to the issue
being discussed.
(4)
A person who disrupts a meeting must leave the meeting
room if ordered to do so by the chair.
(5)
A person may not assign a portion of his or her time
to another speaker.
(6)
The time allotted for presentations or comments under
this section may be increased or further limited by the chair, or, in his
or her absence, the vice-chair, as may be appropriate to assure opportunity
for the maximum number of persons to appear.
(h)
Waiver. Subject to the approval of the chair, a requirement
of this section may be waived in the public interest if necessary for the
performance of the responsibilities of the board or the authority.
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
January 14, 1998.
TRD-9800635
Bob Jackson
Acting General Counsel
Texas Department of Transportation Board of Directors of the Texas Turnpike
Authority Division
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 463-8630
Subchapter D. Employment Practices
43 TAC §§50.41-50.43
The Board of Directors of the Texas Turnpike Authority Division
of the Texas Department of Transportation (the "Board") proposes new §§50.41-50.43,
concerning employment practices.
EXPLANATION OF PROPOSED RULE
Senate Bill 370, 75th Legislature, 1997, created the Texas Turnpike Authority
Division of the Texas Department of Transportation (division), to be governed
by a Board of Directors. The Texas Transportation Commission employs the
director of the division. The director reports to the commission and the
Board.
Section 50.41. To clarify the status of division employees in regard to
policies and procedures governing employees of the Texas Department of Transportation,
§50.41 provides that, unless otherwise provided by the Board, employees
of the division are subject to the same human resource rules, policies, and
procedures applicable to other employees of the department.
Section 50.42. To allow for participation of division employees in the
department's sick leave pool program, §50.42 adopts by reference the
department's rules concerning its sick leave pool.
Section 50.43. To allow for participation of division employees in the
department's employee training and education program, §50.43 adopts
by reference the department's rules concerning employee training and education.
FISCAL NOTE
Frank J. Smith, Director, Budget and Finance Division, has determined that
for the first five years the new sections as proposed are in effect, there
will be no significant fiscal implications for state or local governments
as a result of enforcement or administration of the sections. There are no
anticipated economic costs to persons required to comply with the sections
as proposed.
Pete Davis, 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 proposed rules.
PUBLIC BENEFIT
Mr. Davis also has determined that for each year of the first five years
the sections as proposed are in effect, the public benefit anticipated as
a result of enforcement of and compliance with the sections will be uniform
policies and procedures governing the employees of the division which are
consistent with those policies and procedures governing other employees of
the Texas Department of Transportation. There will be no effect on small
businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed new sections may be submitted to Pete
Davis, P.E., Director, Texas Turnpike Authority Division, 125 East 11th Street,
Austin, Texas 78701-2483, (512) 936-0903, fax (512) 305-9518. The deadline
for receipt of comments will be 5:00 p.m. on March 2, 1998.
STATUTORY DIVISION
The new sections are proposed under Transportation Code, §361.042,
which requires the Board to adopt rules for the regulation of it affairs
and the conduct of its business, and more specifically, Government Code,
§661.002, which requires the governing body of a state agency to adopt
rules and prescribe procedures relating to the operation of the agency sick
leave pool, and Government Code, Chapter 656, which requires a state agency
to adopt rules relating to its employees training and education.
There are no other rules, codes, or statutes that will be affected by this
proposal.
§ 50.41. General Policy.
Unless otherwise provided by action of the Board, employees of the
authority are subject to the same human resource rules, policies, and procedures
applicable to other employees of the department. As applied to the authority,
any reference in those rules, policies, and procedures to the executive director
of the department shall mean the director of the authority.
§50.42.Sick Leave Pool Program.
Government Code, §661.002, requires the governing body of a state
agency to adopt rules and prescribe procedures relating to the operation
of the agency sick leave pool. Employees of the authority are authorized
to participate in the department's sick leave pool program and shall comply
with all policies and procedures governing the program. The Board adopts
by reference §§4.50-4.56 et seq. (relating to Sick Leave Pool Program)
as they may be amended from time to time.
§50.43. Employee Training and Education.
(a)
Government Code, Chapter 656, requires a state agency
to adopt rules relating to the:
(1)
eligibility of the agency's administrator's employees
for training and education supported by the agency; and
(2)
the obligations assumed by the administrators and
employees on receiving the training and education.
(b)
Pursuant to that chapter, the commission has adopted rules
governing the training and education of department employees, codified as
§§4.60-4.64 et seq. (relating to Employee Training and Education).
(c)
The Board adopts by reference §§4.60 et seq.,
as they may be amended from time to time. As applied to the authority, any
reference in those sections to the executive director of the department shall
mean the director of the authority.
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
January 14, 1998.
TRD-9800636
Bob Jackson
Acting General Counsel
Texas Department of Transportation Board of Directors of the Texas Turnpike
Authority Division
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 463-8630