43 TAC §50.28
The Board of Directors (the "Board") of the Texas Turnpike
Authority Division of the Texas Department of Transportation (the "authority")
adopts the amendment to §50.28, concerning the authorization of the director
of TTA authority to execute contracts, contract supplements and contract change
orders, without changes to the proposed text as published in the August 13,
1999, issue of the
Texas Register
(24 TexReg
6275).
Senate Bill 370, 75th Legislature, 1997, created the Texas Turnpike Authority
Division of the Texas Department of Transportation, to be governed by a board
of directors appointed by the Governor. Transportation Code, §361.042,
requires the authority to adopt rules for the regulation of its affairs and
the conduct of its business. In compliance with that statutory requirement
the authority previously adopted rules concerning governance of the authority's
management and its day-to-day operations.
One of those rules, §50.28, provides that the director may execute
contracts, contract supplements, and contract change orders not exceeding
$100,000, except as otherwise authorized by a Board resolution. Experience
has shown that this limit is too low. Turnpike project planning and development
involves engineering contracts and change orders and supplements to such contracts
for which it is not unusual to exceed the $100,000 level. Although the Board
has generally been meeting on a monthly basis since its inception, it has
recently begun meeting less frequently. Given that the time between meetings
may be extended, it will become more difficult for the authority to conduct
its business without experiencing detrimental delays in work by having to
wait on scheduled Board meetings for approval of routine contracts, contract
supplements and contract change orders. Therefore, the Board adopts an amendment
to §50.28 so as to authorize the director to execute contracts, contract
supplements and contract change orders up to amounts authorized from time-to-time
in Board resolutions. By allowing the Board to set this limit in resolutions
it can periodically consider circumstances such as ongoing and/or anticipated
projects, the magnitude of the projects, and the frequency of Board meetings
in determining appropriate limits. Of course, contracts, contract supplements
and contract change orders which exceed the limits identified in a Board resolution
must be presented to the Board for specific approval. The Board will continue
to receive regular reports on contracting matters.
No oral or written comments were received on the proposed rule amendment.
The amendment is adopted under Transportation Code, §361.042,
which requires the Board to adopt rules for the regulation of its affairs
and the conduct of its business.
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.
Filed with the Office of
the Secretary of State on January 19, 2000.
TRD-200000355
Phillip E. Russell
Director
Texas Turnpike Authority Division of the Texas Department of Transportation
Effective date: February 8, 2000
Proposal publication date: August 13, 1999
For further information, please call: (512) 936-0903