Part I.
Texas Department of Transportation
Chapter 2.
Environmental Policy
Subchapter D. Public Participation Programs
43 TAC §§2.61, 2.62, 2.71
The Texas Department of Transportation proposes amendments
to §2.61 and §2.62, and proposes new §2.71 concerning the Adopt-an-Airport
Program.
EXPLANATION OF PROPOSED AMENDMENTS AND NEW SECTION
The Texas Department of Transportation presently has various antilitter
and beautification programs, including Adopt-a-Highway, Adopt-a-Freeway, Landscaping,
and Cost Sharing. New §2.71 will allow private citizens an opportunity
to support the department's programs by adopting an airport for the purposes
of beautifying and creating a better image and enhancing public awareness
for the airport. The new section outlines the eligibility requirements, application
procedures, provisions of the agreement, responsibilities of the group adopting
the airport and the department, general limiting conditions of the program,
and any modification, renewal, or termination of the agreement.
With proposing new §2.71, it is also necessary to amend §2.61
and §2.62 to update and revise the sections to include airports for litter
pickup, routine maintenance, and landscaping, and to amend and add definitions
and references to the Adopt-an-Airport Program. Also, §2.62, Definitions,
is being numbered to conform to Texas Register form and style.
FISCAL NOTE
James Bass, Budget and Forecasting Branch Manager, Finance Division, has
determined that for the first five-year period the amendments are in effect,
there will be no significant fiscal implications for state or local governments
as a result of enforcing or administering the amendments. There are no significant
anticipated economic costs for persons required to comply with the amendments
and new section as proposed.
David Fulton, Director, Aviation Division has certified that there should
be a positive impact on local economies or overall employment as a result
of enforcing or administering the amendments and new section.
PUBLIC BENEFIT
Mr. Fulton has also determined that for each year of the first five years
that the amendments and new section are in effect, the public benefit anticipated
as a result of enforcing the sections will be to enhance the department's
maintenance, antilitter and beautification programs, and to enhance the utility
of the state's airport system by allowing the adoption of an airport. There
will be no effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed amendments and new section may be submitted
to David Fulton, Director, Aviation Division, Texas Department of Transportation,
125 East 11th Street, Austin, Texas 78701-2483. The deadline for receipt of
written comments is 5:00 p.m. on August 9, 1999.
STATUTORY AUTHORITY
The amendments and new section are proposed under Transportation Code,
§201.101, which provides the Texas Transportation Commission with the
authority to promulgate rules for the conduct of the work of the Texas Department
of Transportation; and more specifically, Transportation Code, §21.054,
which provides the department with the authority to contract as necessary
or advisable to encourage and assist the development of aeronautics.
No statutes, articles, or codes are affected by the proposed amendments
and new section.
§2.61. Purpose and Scope.
In order to increase public awareness of the maintenance needs of the
state highway
and airport systems
[
§2.62. Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Adopted area - A safety rest area approved
for adoption by a donor.
(2)
Adopted section - A section of state highway
right of way or an airport
[
(3)
Airport - A publicly-owned
airport that is included in the Texas Airport System Plan (TASP).
(4)
Aviation Division - A
division of the department.
(5)
Authorized representative - An individual
with the authority to sign agreements for the group or donor.
(6)
Commission - The Texas Transportation
Commission.
(7)
Department - The Texas Department of Transportation.
(8)
Design fee - Those engineering or project
administration costs or expenses identified prior to the construction of a
project.
(9)
District - One of the 25 geographical
areas, managed by a district engineer, in which the department conducts its
primary work activities.
(10)
District engineer - The chief executive
officer in charge of a district, or his or her designee.
(11)
Donor - The private business or civic
organization which adopts a safety rest area under the Adopt-an-Area Program
or donates funds or services to a local government for the purpose of participating
in the Landscape Cost Sharing or Adopt-a-Freeway Programs.
(12)
Family member - Any spouse, sibling,
parent, stepparent, grandparent, child, stepchild, aunt, uncle or cousin.
(13)
Group - An entity that adopts a section
of state highway
right of way or an airport
[
(14)
Highway landscaping - A project design
intent which attempts to provide primarily for the installation of native,
naturalized, or adapted plant material within the project limits.
(15)
Local government - A city or county.
(16)
Non-cash contributions - The agreed value
of labor, equipment, material, or design services furnished by a local government,
and the agreed value of material and design services furnished by the donor
in support of the project.
(17)
Pedestrian landscaping - A project design
intent which requires the installation of elements oriented primarily to pedestrian
usage, including, but not limited to, parking, curbs, sidewalks, pavers, ramps
for the disabled, cycling or jogging trails, benches, trash receptacles, or
illumination.
(18)
Project concept plan - The preliminary
sketches, drawings, details, estimates, and specifications required by the
department to illustrate the type of project development and establishment
proposed by the local government, and as required for the department to determine
if the proposed project is a highway landscaping project or a pedestrian landscaping
project.
(19)
Project design plan - The final drawings,
details, specifications, and estimates, whether furnished by or through the
local government or the department as may be required by the department to
fully control the work to be performed on the project.
(20)
Project development - The initial construction
and installation of the landscape items in accordance with the project design
plan.
(21)
Project establishment - The landscape
maintenance activities required to ensure the viability, upkeep, and continued
effectiveness of the project.
(22)
Project maintenance - The activities
performed as determined by the program agreement to ensure the establishment,
upkeep, and continued effectiveness of the project.
(23)
Safety rest area - A roadside park, equipped
with restroom facilities, intended to improve highway safety by providing
a location for motorists to rest and recover from highway travel, such term
to include a safety rest area adjacent to travel information centers.
(24)
Sponsor - A local government
or other public entity that owns or operates an airport.
§2.71. Adopt-an-Airport Program.
(a)
Purpose. The Adopt-an-Airport Program (Program) allows
private citizens an opportunity to support the department's beautification
programs by adopting an airport for the purposes of beautifying and creating
a better image and enhancing public awareness for the airport. This section
sets forth policies and procedures to be used in administering the Program.
(b)
Participation.
(1)
Airport.
(A)
Only publicly-owned airports included in the Texas Airport
System Plan (TASP) are eligible to participate in the Adopt-an-Airport Program.
(B)
Eligible airports shall execute an agreement with the
department to define their respective responsibilities before the airport
may be adopted.
(2)
Groups.
(A)
The following groups are eligible to participate in the
Program:
(i)
members or employees of civic and nonprofit organizations;
(ii)
employees of private businesses and governmental entities;
and
(iii)
families.
(B)
To be eligible a group must be located or reside in the
city or county in which the adopted airport is located.
(c)
Application.
(1)
The authorized representative of a group that desires
to participate, or to continue to participate, in the program shall submit
an application to the district engineer of the district in which the airport
to be adopted is located.
(2)
The application shall be in a form prescribed by
the department and shall at a minimum include:
(A)
the date of application;
(B)
the name and complete mailing address, including street
address, of the group;
(C)
the name, telephone number, and complete mailing address
of the group's authorized representative;
(D)
the name of the airport the group is interested in adopting;
and
(E)
what activities the applicant proposes for maintenance
or beautification.
(3)
If the group meets the criteria of this section,
the district engineer will approve the adoption unless he or she determines
that to do so would endanger the traveling public, or otherwise not be in
the best interest of the airport.
(d)
Agreement.
(1)
If the district engineer approves the application submitted
by the group under subsection (c) of this section, the authorized representative
of that group shall execute a written agreement with the sponsor and the department
providing for the group's participation in the Program.
(2)
The agreement shall be in the form prescribed by
the department and shall include:
(A)
an acknowledgment by the group of the possible hazardous
nature of the work involved in participating in the Program;
(B)
an acknowledgment that the members of the group agree
jointly and severally to be bound by and comply with the terms of the agreement;
and
(C)
a statement of the respective responsibilities of the
group and the department as contained in subsection (e) of this section.
(e)
Responsibilities of group and department.
(1)
Groups must:
(A)
appoint or select an authorized representative to serve
as spokesperson for the group;
(B)
obey and abide by all laws and regulations relating to
safety and such other terms and conditions as may be required by the sponsor
and the department for special conditions on a particular adopted airport;
(C)
furnish adequate supervision by one or more adults for
participants of a group who are 15 years of age or younger;
(D)
conduct at least one safety meeting per year and ensure
participants of the group attend a safety meeting before participating in
the beautification of the adopted airport;
(E)
adopt an airport for a minimum period of two years;
(F)
pick up litter a minimum of four times a year and at such
additional times as required by the sponsor or the department, if the group's
responsibility is controlling and reducing litter;
(G)
obtain required supplies and materials from the sponsor
or the department during regular business hours;
(H)
wear department furnished safety vests during the tasks
being performed;
(I)
place litter in trash bags furnished by the department
and place filled trash bags at locations as determined by the sponsor or the
department, if the group's responsibility is controlling and reducing litter;
(J)
return all unused materials and supplies to the sponsor
or the department within one week following cleanup unless the materials and
supplies are necessary for continued beautification;
(K)
neither possess nor consume alcoholic beverages while
on the adopted airport; and
(L)
maintain a first-aid kit and adequate drinking water while
on the adopted airport.
(2)
The department will:
(A)
work with the group and the sponsor to determine the specific
tasks to be performed;
(B)
erect a sign on the closest highway right of way, normally
near the airport pointer sign, with the group's name or acronym displayed;
(C)
provide safety vests, trashbags, and safety literature;
(D)
remove the filled trashbags after the pickup; and
(E)
remove litter from the adopted section only under unusual
circumstances, such as removal of large, heavy, or hazardous items.
(f)
General limiting conditions. The Program is subject to
the following conditions.
(1)
The department may consider such factors as airport size
and activity, geometrics, congestion, and visability restrictions in determining
which airports shall be eligible for adoption.
(2)
If any actions are determined to be contrary to any
legislative restrictions on the use of appropriated funds for political activities,
the department, at its sole discretion may take any and all necessary remedial
actions, including, but not limited to, the removal of signs displaying the
group's name or acronym.
(3)
Adopt-an-Airport signs shall be four feet by four
feet and shall be the least expensive and most effective for each situation.
A sign will not state the full name or official title of an elected official.
(4)
A group may not subcontract or assign its responsibilities
to any other group, organization, or enterprise without the express written
authorization of the department.
(5)
The department shall not have the right to control
the group in performing the agreed upon tasks and/or of picking up litter
from the airport adopted by the group; and, in picking up litter, the group
shall act as an independent contractor.
(g)
Modification/renewal/termination of the agreement. The
agreement may be modified in any manner at the discretion of the department.
The group will have the option of renewing the agreement subject to the approval
of the department and the sponsor, and the continuation of the Program. The
department may terminate the agreement and remove the signs upon 30-day notice,
if in its sole judgment it finds and determines that the group is not meeting
the terms and conditions of the agreement.
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
June 28, 1999.
TRD-9903816
Richard Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: August 8, 1999
For further information, please call: (512) 463-8630
Subchapter C. Conditional Grant Programs
43 TAC §4.25
The Texas Department of Transportation proposes amendments
to §4.25, concerning the conditional grant program.
EXPLANATION OF PROPOSED AMENDMENTS
Education Code, Chapter 56, Subchapter I, requires the department to establish
and administer a conditional grant program to provide financial assistance
to women and minority students who intend to work for the department. Education
Code, §56.144, requires the department to promulgate rules for the selection
of applicants for grants.
The amendments to §4.25 strengthen the default repayment procedures
in order to discourage students from defaulting on their agreement with the
department. Currently, students have up to 10 years to repay funds without
interest, and are required to pay as little as $20 per month. The amendments
decrease the amount of time allowed for repayment and increase the minimum
payment to $50. Students who received grants for four years or more will be
required to repay in 120 equal monthly installments. Students who received
grants for three years, but less than four years will be required to pay in
96 equal monthly installments, and those who received grants for two years,
but less than three years, will be required to repay in 72 equal monthly installments.
Students who received grants for less than two years will be required to repay
in 48 equal monthly installments. The amendments also require a student who
completes a degree but does not go to work for the department after graduation
to begin repayments three months subsequent to the determination of default
and to pay a minimum monthly installment of $200. The department will waive
repayment of any remaining amounts for a student who defaults and makes the
required payments according to the established repayment schedule if the student
graduates with an eligible degree and honors the original agreement to work
for the department. The student must adhere to the repayment schedule until
the student begins employment with the department.
The amendments also provide that the department will notify the appropriate
credit bureaus or agencies if a student fails to repay the department or fails
to adhere to the terms of the conditional grant agreement.
FISCAL NOTE
James Bass, Budget and Forecasting Branch Manager, has determined that
for the first five-year period the amendments are in effect, there will be
no fiscal implications for state or local governments as a result of enforcing
or administering the section. There are no anticipated economic costs for
persons required to comply with the section as proposed.
Diana L. Isabel, Director, Human Resources Division, has certified that
there will be no significant impact on local economies or overall employment
as a result of enforcing or administering the section.
PUBLIC BENEFIT
Ms. Isabel has also determined that for each year of the first five years
the amendments are in effect, the public benefit anticipated as a result of
the amendments will be to reduce the student default rate. There will be no
effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed amendments may be submitted to Diana L.
Isabel, Human Resources Director, 125 East 11th Street, Austin, Texas 78701-2483.
The deadline for receipt of comments will be 5:00 p.m. on August 9, 1999.
STATUTORY AUTHORITY
The amendments are proposed under Transportation Code, §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, Education Code, Chapter 56, Subchapter I.
No statutes, articles, or codes are affected by the proposed amendments.
§4.25. Conditional Grant Program.
(a)
Purpose. This section establishes procedures for the administration
of a conditional grant program which will provide financial assistance to
eligible minority and female students who intend to work for the department
in civil engineering or any other profession identified by the department
as having a significant statistical underrepresentation of minorities or women
in the department's workforce. Authority for the creation of the conditional
grant program is contained in Education Code, Chapter 56, Subchapter I.
(b)
Program. Upon determination by the executive director
or
the director's
[
(1)
declare an intent to seek a baccalaureate degree from
an institution in the State of Texas in a field of study that satisfies the
department's minimum education requirement for an eligible profession;
(2)
intend to work for the department for the two academic
years immediately following the date of the student's receipt of an eligible
degree from an institution in the State of Texas; and
(3)
exhibit a high level of academic performance.
(c)
Eligibility.
(1)
To be initially eligible for a conditional grant, a student
must:
(A)
complete and file with the department, on forms prescribed
by the department, a conditional grant application and a declaration of intent
to become a member of an eligible profession and work for the department for
the two academic years immediately following the date of the student's receipt
of an eligible degree;
(B)
enroll in an institution;
(C)
be a Texas resident as defined by the Texas Higher Education
Coordinating Board; and
(D)
be a minority or a female; and
(E)
have complied with any other requirements adopted by the
department.
(2)
In order to maintain eligibility, a student
must be enrolled each semester in an institution in a course of instruction
leading toward a degree in an eligible profession and, except as provided
in paragraph (4) of this subsection, must:
(A)
maintain an overall institutional grade point average
of at least 2.5 on a four-point scale; and
(B)
receive credit for not fewer than 12 hours each semester
toward the student's degree program.
(3)
If, during not more than one semester, a student
fails to meet the grade point or credit hour requirements of this subsection,
he or she will continue to maintain eligibility. Students who fail to meet
the grade point requirement must receive credit for not fewer than 12 hours
each semester and attain a semester grade point average of 2.5 during all
semesters thereafter until the student graduates.
(4)
The department may waive, upon approval of the executive
director, the requirement that a student receive credit for not fewer than
12 hours each semester if a student demonstrates hardship. Hardship may involve
serious illness, family emergency, or other extraordinary circumstances beyond
the control of the student.
(d)
Application.
(1)
To apply for a conditional grant, a student must submit
to the department:
(A)
a completed application in a form prescribed by the department;
and
(B)
a declaration of intent.
(2)
The application will require information and
documentation relating to residency status, secondary school performance or
college performance, the current or intended enrollment institution, the sworn
statement as required by subsection (j) of this section, and such other information
the department deems necessary to determine eligibility pursuant to subsection
(c) of this section.
(3)
An application must be submitted by March 1st of
each year for the subsequent fall and spring semesters admission.
(4)
The department will review applications for eligibility
and will rank applicants according to the following selection criteria:
(A)
secondary school or college grade point average;
(B)
SAT or ACT score;
(C)
honors and awards from, and participation in technical
or academic organizations such as Texas Alliance for Minorities in Engineering,
National Honor Society, Debate Team,
or
Dean's List;
(D)
vocational education; and,
(E)
work experience.
(e)
Grant agreement.
(1)
The department will send written notice to applicants
selected to receive a grant informing them of the amount to be awarded for
the conditional grant as certified by their educational institution.
(2)
Each selected student will be required to execute
a grant agreement prior to receiving a conditional grant. The grant agreement
will be in a form prescribed by the department and will set forth the terms
and conditions of the grant, including, but not limited to, the amount of
the grant and the requirements of continued eligibility pursuant to subsection
(c) of this section.
(f)
Conditional grant.
(1)
The amount of a conditional grant is the sum of:
(A)
the amount of tuition and fees for the student, as certified
by the institution; and
(B)
a stipend based upon financial need as provided by subsection
(g) of this section.
(2)
Each semester the department will distribute
a conditional grant for each eligible student on receipt of an enrollment
report and certification of the amount of tuition, fees, and stipend (if any)
for the student from the institution.
(3)
The total amount of any one conditional grant may
not exceed $2,500 per academic semester based on financial need.
(4)
If the amount appropriated to the department for
conditional grants is less than the estimated amount of all unpaid conditional
grants, the department will proportionally reduce each unpaid conditional
grant.
(g)
Stipend.
(1)
A student desiring to receive a stipend must:
(A)
sign a financial information release statement; and
(B)
complete the required financial need forms at the institution.
(2)
The department will award a stipend to the student
upon certification by the institution of the student's certified financial
need.
(h)
Default. The department will declare a student to be in
default of the grant agreement and will require the student to repay all conditional
grant funds received from the department if the student:
(1)
withdraws from the institution; or
(2)
fails to comply with one or more requirements of
the grant agreement.
(i)
Repayment.
(1)
If a student is required to repay funds pursuant to subsection
(h) of this section, the department will establish a repayment schedule of
:
(A)
120 equal monthly installments
for students who received grants for four years or more;
(B)
96 equal monthly installments
for students who received grants for more than three years, but less than
four years;
(C)
72 equal monthly installments
for students who received grants for more than two years, but less than three
years;
(D)
48 equal monthly installments
for students who received grants for less than two years.
(2)
The minimum installment shall be
$50 and must be paid each month. Repayments may be made in fewer than the
required number of installments [
(3)
[
(4)
A student who completes
an eligible degree and does not work for the department for two years immediately
following the date of the student's receipt of an eligible degree from a Texas
institution will be required to:
(A)
begin payments three months subsequent to the
determination of default; and
(B)
pay a minimum monthly installment of $200.
(5)
The department will
waive repayment of any remaining amounts for a student who defaults and makes
the required payments according to the established repayment schedule if the
student graduates with an eligible degree and honors the original agreement
to work for the department in an eligible profession for at least two years
commencing immediately upon graduation. The student must adhere to the repayment
schedule until the student begins employment with the department.
(6)
[
(7)
Credit bureau notification.
The department will notify the appropriate credit bureaus or agencies if a
student fails to repay the department or fails to adhere to the terms of the
conditional grant agreement.
(j)
Child support statement.
(1)
In accordance with the Family Code, Chapter 14, §14.52,
a child support obligor who is 30 or more days delinquent in paying child
support is not eligible to receive funds under this subchapter.
(2)
A student shall provide along with the application
submitted as required by subsection (c) of this section a signed, sworn statement,
in a form and manner prescribed by the department, affirming that the student
is not 30 or more days delinquent in providing child support under a court
order or a written repayment agreement.
(3)
A student who is ineligible under this section shall
remain ineligible to receive funds under this subchapter until:
(A)
all arrearages have been paid; or
(B)
the student is in compliance with a written repayment
agreement or court order as to any existing delinquency.
(4)
A student who is found to have submitted a falsely
sworn statement under this section shall, upon demand, remit to the department
all funds received while ineligible under paragraph (1) of this subsection.
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
June 28, 1999.
TRD-9903817
Richard Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: August 8, 1999
For further information, please call: (512) 463-8630
43 TAC §4.51
The Texas Department of Transportation proposes amendments
to §4.51, concerning definitions for the department's sick leave pool
program.
EXPLANATION OF PROPOSED AMENDMENTS
The amendments are proposed to ensure that the definitions used for the
sick leave pool program are consistent with the definitions used with the
Family and Medical Leave Act and the department's sick leave policy.
Section 4.51 amends the definition of "health care provider" to require
that the health care provider be a medical doctor or a doctor of osteopathy,
and to allow a health care provider to be licensed in another country. This
is consistent with the Family and Medical Leave Act. The definition of "immediate
family" is being amended so that it correlates with the definition in the
department's sick leave policy. Since sick leave must be exhausted before
sick leave pool hours may be granted, consistency in the definition will clarify
the use of the sick leave pool.
FISCAL NOTE
James Bass, Budget and Forecasting Branch Manager, has determined that
for the first five-year period the amendments are in effect, there will be
no fiscal implications for state or local governments as a result of enforcing
or administering the amendments. There are no anticipated economic costs for
persons required to comply with the amended section as proposed.
Diana L. Isabel, Director, Human Resources 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
Ms. Isabel has also determined that for each year of the first five years
the amendments are in effect the public benefit anticipated as a result of
enforcing or administering the amendments is to clarify who may certify that
an illness or injury is severe, and which family members may be covered by
the sick leave pool.
SUBMITTAL OF COMMENTS
Written comments on the proposed amendments may be submitted to Diana L.
Isabel, Director, Human Resources Division, Texas Department of Transportation,
125 East 11th Street, Austin, Texas 78701-2483. The deadline for receipt of
comments will be 5:00 p.m. on August 9, 1999.
STATUTORY AUTHORITY
The amendments are proposed under Transportation Code, §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, Government Code, Chapter 661 which authorizes creation
of the sick leave pool program.
No statutes, articles, or codes are affected by these proposed amendments.
§4.51. Definitions.
The following words and terms, when used in the sections under this
subchapter, shall have the following meanings, unless the context clearly
indicates otherwise.
(1)
Accrued leave time - Vacation leave, sick leave, and compensatory
time.
(2)
Catastrophic illness or injury - A severe condition
or combination of conditions affecting the mental or physical health of an
employee or an employee's immediate family member that requires the services
of a health care provider for a prolonged period of time and that forces the
employee to exhaust all leave time earned by that employee and to lose compensation
from the state.
(3)
Contribute - To give sick leave from an employee's
personal sick leave account to the department sick leave pool.
(4)
Different but related condition - A secondary catastrophic
condition that is caused by a primary catastrophic condition which occurs
at a later date, such as cancer which spreads from one part of the body to
another.
(5)
Discipline - Written reprimand, probation, suspension
with pay, suspension without pay, involuntary demotion, or involuntary transfer.
(6)
Employee - A person, other than the executive director,
who is employed by the department.
(7)
Health care provider -
A medical doctor (MD)
or a doctor of osteopathy (DO) who is licensed and authorized to practice
in this country or in a country other than the United States in accordance
with the law of that country, and who is performing within the scope of his
or her practice as defined under applicable law
[
(8)
Human resources officer - An employee in a district,
division, or office who is responsible for verifying the accuracy of all employee
leave time records. If more than one employee has these responsibilities,
their activities will be coordinated for the purpose of this subchapter.
(9)
Immediate family -
Individuals
[
(10)
Licensed psychiatrist - A psychiatrist licensed
by a state medical licensing board.
(11)
Pool administrator - The Director of the Human Resources
Division or [
(12)
Request - An initial application for withdrawal
from the sick leave pool or an application for an extension of a withdrawal
due to a catastrophic illness or injury.
(13)
Severe physical condition - A physical illness or
injury that will likely result in death or causes the employee to be off work
for 10 continuous weeks or more for the current episode.
(14)
Severe psychological condition - A psychological
illness that results in the patient being suicidal or capable of harming themselves
or others and requires one week or more inpatient hospitalization.
(15)
Sick leave - Leave taken when sickness, injury,
or pregnancy and confinement prevent the employee's performance of duty or
when the employee is needed to care and assist a member of his immediate family
who is actually ill.
(16)
Sick leave pool - A department-wide pool that receives
voluntary contributions of sick leave from employees and which transfers approved
amounts of sick leave to eligible employees.
(17)
Withdrawal - An approved transfer of sick leave
hours from the department sick leave pool.
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
June 28, 1999.
TRD-9903818
Richard Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: August 8, 1999
For further information, please call: (512) 463-8630
Subchapter G. Port Authority Permits
system
], improve
the aesthetics of state highways
and airports
, and maximize the
use of taxpayer revenue, it is the policy of the Texas Transportation Commission
to encourage public participation in the maintenance
,
[
and
] landscaping
, and beautification
of the state highway
and airport systems
[
system
] through the creation of programs
whereby local governments and private entities may adopt safety rest areas
,
[
or
] sections of the state highway system
, or airports
for litter pickup, routine maintenance, [
and
] landscaping
, and beautification
. The sections under this subchapter govern the
operation of these programs.
right-of-way
] approved for adoption
by a group.
right-of-way
].
Chapter 4.
Employment Practices
his
] designee, the department may
provide financial assistance to eligible minority and female students who:
120 equal monthly installments; provided,
however, that the minimum installment shall be $20, and further provided that,
at the option of the student, repayments may be made in fewer than 120 installments
].
(2)
] A student will not be
required to begin payments until six months subsequent to the determination
of default.
(3)
] The department may temporarily
reduce or defer the required payments and/or extend the prescribed repayment
period, upon approval of the executive director, if a student demonstrates
his or her inability to pay due to catastrophic illness or family emergency.
Any reduction, deferral, or extension will not relieve a student of his or
her responsibility to repay all funds.
Subchapter E. Sick Leave Pool Programs
A practitioner
as defined by Texas Civil Statutes, Article 4590i, who is practicing within
the scope of his or her license
].
Those individuals who are
] related by kinship, adoption, or marriage
who are living in the same household,
[
as well as
] foster
children
living in the same household and
certified by the Texas
Department of Protective and Regulatory Services
, or a spouse, child,
or parent of the employee who does not live in the same household and who
needs care and assistance as a direct result of a documented medical condition
.
his or her
] designee who administers the department's
sick leave pool program.
Chapter 28.
Oversize and Overweight Vehicles and Loads