43 TAC §§1.82 - 1.85
STATUTORY AUTHORITY
The amendments and new sections 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.
In addition, the amendments and new sections are proposed under Government
Code, Chapter 2110, which provides that a state agency that is advised by
an advisory committee shall adopt rules that state the purpose of the committee,
describe the task of the committee, state the manner in which the committee
will report to the agency, and establish a date on which the committee is
abolished unless the governing body of the agency affirmatively votes to continue
the committee in existence. The amendments and new sections are also proposed
under statutory sections authorizing the adoption of rules with respect to
particular advisory committees, including Transportation Code, §21.003(c)
(Aviation Advisory Committee), §643.155(b) (Household Goods Carriers
Advisory Committee), §455.004(e) (Public Transportation Advisory Committee), §643.202(d)
(Vehicle Storage Facility/Tow Truck Rules Advisory Committee), and §53.001(e)
(Port Authority Advisory Committee).
No statutes, articles, or codes are affected by the proposed amendments
and new sections.
§1.82.Statutory Advisory Committee Operations and Procedures.
(a)
Applicability. This section applies to statutory advisory
committees
and governs the operation of statutory advisory committees
unless it is superceded by a specific provision in §1.84 of this subchapter
.
(b)
Election of officers and terms
of members.
(1)
Unless otherwise specified with regard to a
particular committee, each committee shall elect a chair and vice-chair by
majority vote of the members of the committee. The chair and vice-chair shall
each be elected for a term of not less than one year and not more than two
years. Once elected, the chair and vice-chair may stand for reelection, without
limit on the number of consecutive terms.
(2)
Members shall serve on an advisory committee
until new members are appointed.
[
(b)
Membership.]
[
(1)
Aviation. The commission will appoint the members
of the Aviation Advisory Committee to staggered terms of three years, unless
sooner removed at the discretion of the commission, with two members' terms
expiring August 31 of each year.]
[
(2)
Household Goods Carriers. Pursuant to
Texas Civil Statutes, Article 6675c, §8(f), the department's assistant
executive director for motorist services shall appoint to the Household Goods
Carrier Advisory Committee:]
[
(A)
three members as representatives of the general
public;]
[
(B)
one member as a representative of the department;
and]
[
(C)
one member each as representatives of motor
carriers transporting household goods using small equipment, motor carriers
transporting household goods using medium equipment, and motor carriers transporting
household goods using large equipment.]
[
(3)
Public Transportation. Members of
the Public Transportation Advisory Committee shall be appointed and shall
serve pursuant to Transportation Code, §455.004.]
[
(4)
Vehicle Storage Facility/Tow Truck Rules.
The department's assistant executive director for motorists services will
appoint to the Vehicle Storage Facility/Tow Truck Rules Advisory Committee
two members who represent the general public and one member each as representatives
of the following:]
[
(A)
tow truck operators;]
[
(B)
vehicle storage facility operators;]
[
(C)
owners of property having parking facilities;]
[
(D)
law enforcement agencies or municipalities;
and]
[
(E)
insurance companies.]
[
(5)
Port Authority.]
[
(A)
The commission will appoint five members to
staggered three-year terms unless removed sooner at the discretion of the
commission.]
[
(B)
For initial terms, the commission will appoint:]
[
(i)
one member to serve a term expiring on December
31, 1999;]
[
(ii)
two members to serve terms expiring December
31, 2000; and]
[
(iii)
two members to serve terms expiring December
31, 2001.]
[
(C)
Existing members shall serve until the commission
appoints new members under subparagraph (A) of this paragraph.]
[
(D)
The commission will appoint:]
[
(i)
one member from the Port of Houston Authority
of Harris County;]
[
(ii)
two members from ports located north of the
Matagorda/Calhoun County line and excluding the Port of Houston Authority;
and]
[
(iii)
two from ports located south of the Matagorda/Calhoun
County line.]
[
(E)
The commission will consider nominees for the
five members from:]
[
(i)
Texas Ports Association;]
[
(ii)
other port associations;]
[
(iii)
Texas ports; and]
[
(iv)
the general public.]
[
(6)
Officers. Each committee shall
elect a chair and vice-chair by majority vote of the members of the committee.
The Port Authority Advisory Committee shall elect a chair for a two-year term.
The department encourages the committee to rotate the chair among the members
from the different geographic areas represented.]
(c)
Meetings.
(1)
Open meeting requirements. Advisory committees shall post
and hold all meetings in accordance with the provisions applicable to meetings
of the commission under the Texas Open Meetings Act, the Government Code,
Chapter 551. Filing of notice of open meetings with the Secretary of State
shall be coordinated through the department's general counsel.
(2)
Scheduling of meetings.
[
Regular meetings.
]
Meeting dates, times, places, and agendas will be set by the
office designated under subsection (f) of this section. Any committee member
may suggest the need for a meeting or an agenda item, provided that the committee
may only discuss items that are within the committee's and the department's
jurisdiction. The office designated under subsection (f) of this section will
[
The chair of the committee shall
] provide notice of
the
time, date, place, and purpose of [
regular
] meetings
to the members [
and the executive director
], by mail or telephone
or both, at least 10 calendar days in advance of each meeting.
(3)
Quorum. A majority of the membership of an advisory
committee
, including the chairman,
constitutes a quorum. The committee
may act only by majority vote of its membership.
(4)
Removal. A committee member may be
removed at any time without cause by the person or entity that appointed the
member or by that person or entity's successor.
[
(4)
Attendance. A record of attendance
at each meeting shall be made. If a member of a committee appointed by the
commission or by the department misses two consecutive meetings, written notice
shall be given to the member. A third consecutive absence from a regular meeting
will be sufficient grounds for removal of the member.
]
(5)
Parliamentary procedure. Parliamentary procedures
for all committee meetings shall be in accordance with the latest edition
of
Robert's
[
Roberts
] Rules of Order, except that the
chair may vote on any action as any other member of the committee
, and
except to the extent that Robert's Rules of Order are inconsistent with any
statute or this subchapter
.
(6)
Record. Minutes of all committee meetings shall be
prepared and filed with the commission. The complete proceedings of all committee
meetings must also be recorded by electronic means.
(7)
Public information.
[
Open records.
] All minutes, transcripts, and other records of the advisory committees
are records of the commission and as such
may be
[
are
]
subject to disclosure under the provisions of the Government Code, Chapter
552.
(d)
Reimbursement. Advisory committee members are not entitled
to receive compensation for serving as members. Members of the Public Transportation,
Aviation [
Advisory
], and Port Authority Advisory Committees will
be reimbursed for reasonable and necessary expenses for performing their duties
if funding has been appropriated by the legislature. Current rules and laws
governing reimbursement of expenses for state employees shall govern reimbursement
for expenses of advisory committee members.
(e)
Conflict of interest. Advisory committee members are subject
to the same laws and policies governing ethical standards of conduct as those
for commission members and employees of the department.
(f)
Administrative support. For each advisory committee, the
executive director will designate an office of the department that will be
responsible for providing any necessary administrative support essential to
the functions of the committee.
(g)
Advisory committee recommendations. In developing department
policies, the commission will consider the recommendations submitted by advisory
committees.
(h)
Manner of reporting.
(1)
The office designated under subsection (f) of this section
shall, in writing, report to the commission an official action of a statutory
advisory committee, including any advice and recommendations, prior to commission
action on the issue. The chair of the advisory committee or
the chair's
[
his or her
] designee will also be invited by the department
to appear before the commission prior to commission action on a posted agenda
item to present the committee's advice and recommendations.
(2)
In the event a written report cannot be furnished
to the commission prior to commission action, the report may be given orally,
provided that a written report is furnished within 10 days of commission action.
(i)
Duration. Except as otherwise specified
in this subchapter, each statutory advisory committee is abolished December
31, 2001, unless continued in existence by affirmative vote of the commission.
§1.83.Rulemaking.
(a)
Purpose. This section governs the role of a statutory advisory
committee in the adoption of new or amended rules pursuant to the Administrative
Procedure Act, the Government Code, Chapter 2001.
(b)
Preliminary review. When the department determines that
it is necessary or desirable for the commission to adopt new or amended rules,
the department will:
(1)
notify the relevant advisory committee, if any, of the
nature of the rulemaking, including the reasons for the rules and the general
subjects to be covered; and
(2)
set a meeting of the relevant advisory committee for
the purpose of providing advice and recommendations prior to completing the
final draft of the proposed rules.
(c)
Final review. Upon completing a final draft of proposed
rules that are subject to this section and prior to submitting the draft to
the commission for proposed adoption, the department will set a meeting of
the relevant advisory committee to review and comment on the rules as drafted.
(d)
Comment. Prior to commission adoption of rules that are
subject to this section, the commission will provide the advisory committee
and department staff an opportunity to appear before it for the purpose of
advising the commission of its recommendations regarding the proposed rules.
(e)
Emergency rules. If the department submits to the commission
emergency rules under the Government Code, Chapter 2001, §2001.034, it
is not required to comply with subsections (b) and (c) of this section. The
members of the committee shall be so notified in writing within 10 days of
commission action.
(f)
Waiver. A committee may elect to waive preliminary or final
review of rules presented under this section.
(g)
Deferral. A committee may elect to defer review of rules
under this section until the public comment period.
§1.84.Statutory Advisory Committees.
(a)
Aviation Advisory Committee.
(1)
Purpose. Created pursuant to Transportation Code, §21.003,
the Aviation Advisory Committee provides a direct link for general aviation
users' input into the Texas Airport System. The committee provides a forum
for exchange of information concerning the users' view of the needs and requirements
for the economic development of the aviation system. The members of the committee
are an avenue for interested parties to utilize to voice their concerns and
have that data conveyed for action for system improvement. Additionally, committee
members are representatives of the department and its Aviation Division, able
to furnish data on resources available to the Texas aviation users.
(2)
Membership. The commission will appoint the members
of the Aviation Advisory Committee to staggered terms of three years with
two members' terms expiring August 31 of each year. A committee member must
have five years of successful experience as an aircraft pilot, an aircraft
facilities manager, or a fixed-base operator.
(3)
Duties. The committee shall:
(A)
periodically review the adopted capital improvement program;
(B)
advise the commission on the preparation and adoption of
an aviation facilities development program;
(C)
advise the commission on the establishment and maintenance
of a method for determining priorities among locations and projects to receive
state financial assistance for aviation facility development;
(D)
advise the commission on the preparation and update of
a multi-year aviation facilities capital improvement program; and
(E)
perform other duties as determined by order of the commission.
(4)
Meetings. The committee shall meet once a calendar
year and such other times as requested by the Aviation Division Director.
(5)
Rulemaking. Section 1.83 of this subchapter does not
apply to the Aviation Advisory Committee.
(b)
Household Goods Carriers Advisory Committee.
(1)
Purpose. Created pursuant to Transportation Code, §643.155,
the Household Goods Carriers Advisory Committee provides a forum for household
goods carriers and the general public to provide input into modernizing and
streamlining department rules adopted under Transportation Code, §643.153,
which are designed to protect customers of household goods movers from deceptive
or unfair practices and unreasonably hazardous activities on the part of movers.
The committee, with representation from the regulated community, the general
public, and the department, helps ensure effective communication among interested
parties and valuable input into modernizing and streamlining department rules
affecting household goods carriers and their customers.
(2)
Membership. Pursuant to Transportation Code, §643.155(a),
the executive director or the executive director's designee shall appoint
to the Household Goods Carrier Advisory Committee:
(A)
three members as representatives of the general public;
(B)
one member as a representative of the department; and
(C)
one member each as representatives of motor carriers transporting
household goods using small equipment, motor carriers transporting household
goods using medium equipment, and motor carriers transporting household goods
using large equipment.
(3)
Duties. The committee shall:
(A)
examine the rules adopted under Transportation Code, §643.153(a)
and (b) and advise the department on methods of modernizing and streamlining
such rules;
(B)
conduct a study of the feasibility and necessity of requiring
vehicle liability insurance for household goods carriers required to register
under Transportation Code, §643.153(c);
(C)
recommend a maximum level of liability for loss or damage
of household goods carriers required to register under Transportation Code, §643.153(c),
not to exceed 60 cents per pound; and
(D)
perform other duties as assigned by the Motor Carrier Division
Director.
(4)
Meetings. The committee shall meet at the request
of the Motor Carrier Division Director.
(5)
Rulemaking. Section 1.83 of this subchapter does not
apply to the Household Goods Carrier Advisory Committee.
(c)
Public Transportation Advisory Committee.
(1)
Purpose. Created pursuant to Transportation Code, §455.004,
the Public Transportation Advisory Committee provides a forum for the exchange
of information between the department, the commission, and committee members
representing the transit industry and the general public. Advice and recommendations
expressed by the committee provide the department and the commission with
a broader perspective regarding public transportation matters that will be
considered in formulating department policies.
(2)
Membership. Members of the Public Transportation Advisory
Committee shall be appointed and shall serve pursuant to Transportation Code, §455.004.
(3)
Duties. The committee shall:
(A)
advise the commission on the needs and problems of the
state's public transportation providers, including recommending methods for
allocating state public transportation funds if the allocation methodology
is not specified by statute;
(B)
comment on proposed rules or rule changes involving public
transportation matters during their development and prior to final adoption
unless an emergency requires immediate action by the commission; and
(C)
perform other duties as determined by order of the commission.
(4)
Meetings. The committee shall meet:
(A)
at least quarterly, at the call of its chair, but not exceeding
once each month;
(B)
at the request of the commission; and
(C)
as required by §1.83 of this subchapter.
(5)
Public transportation technical committees.
(A)
The Public Transportation Advisory Committee may appoint
one or more technical committees to advise it on specific issues, such as
vehicle specifications, funding allocation methodologies, training and technical
assistance programs, and level of service planning.
(B)
A technical committee shall report any findings and recommendations
to the Public Transportation Advisory Committee.
(d)
Vehicle Storage Facility/Tow Truck Rules Advisory Committee.
(1)
Purpose. Created pursuant to Transportation Code, §643.202,
the purpose of the Vehicle Storage Facility/Tow Truck Rules Advisory Committee
is to advise the department on the development of rules concerning the registration
of tow trucks under Transportation Code, Chapter 643, and the administration
of the Vehicle Storage Facility Act, Texas Civil Statutes, Article 6687-9a.
The committee, with representation from the regulated community, law enforcement,
and the general public, helps ensure effective communication among interested
parties and valuable input into the development of rules affecting the tow
truck industry.
(2)
Membership. The executive director or the executive
director's designee will appoint to the Vehicle Storage Facility/Tow Truck
Rules Advisory Committee two members who represent the general public and
one member each to represent the following:
(A)
tow truck operators;
(B)
vehicle storage facility operators;
(C)
owners of property having parking facilities;
(D)
law enforcement agencies or municipalities; and
(E)
insurance companies.
(3)
Duties. The committee shall advise the department
on the adoption of rules regarding:
(A)
the application of Transportation Code, Chapter 643 to
tow trucks; and
(B)
the administration by the department of the Vehicle Storage
Facility Act.
(4)
Meetings. The committee shall meet:
(A)
at the request of the Motor Carrier Division Director;
and
(B)
as required by §1.83 of this subchapter.
(e)
Port Authority Advisory Committee.
(1)
Purpose. Created pursuant to Transportation Code, §53.001,
the purpose of the Port Authority Advisory Committee is to provide a forum
for the exchange of information between the commission, the department, and
committee members representing the port industry in Texas and others who have
an interest in ports. The committee's advice and recommendations will provide
the commission and the department with a broad perspective regarding ports
and transportation-related matters to be considered in formulating department
policies concerning the Texas port system.
(2)
Membership.
(A)
The commission will appoint five members to staggered three-year
terms unless removed sooner at the discretion of the commission.
(B)
The commission will appoint:
(i)
one member from the Port of Houston Authority of Harris
County;
(ii)
two members from ports located north of the Matagorda/Calhoun
County line and excluding the Port of Houston Authority; and
(iii)
two from ports located south of the Matagorda/Calhoun
County line.
(C)
The commission will consider nominees for the five members
from:
(i)
Texas Ports Association;
(ii)
other port associations;
(iii)
Texas ports; and
(iv)
the general public.
(D)
Officers. The Port Authority Advisory Committee shall elect
a chair and a vice-chair for two-year terms. The department encourages the
committee to rotate the chair among the members from the different geographic
areas represented.
(3)
Duties. The committee shall:
(A)
advise the commission and the department on matters relating
to port authorities, including:
(i)
intermodal and multimodal transportation issues relating
to Texas waterways, ports, and port improvements, including other issues affecting
port access and infrastructure needs; and
(ii)
the identification, development, and implementation of
potential funding mechanisms, including the state infrastructure bank, for
addressing the issues described by clause (i) of this subparagraph; and
(B)
perform other duties as determined by the commission, the
executive director, or the executive director's designee.
(4)
Meeting. The committee shall meet at least once
a calendar year and such other times as requested by the commission, the executive
director, or the executive director's designee. The chair may request the
department to call a meeting.
(5)
Subcommittees.
(A)
The Port Authority Advisory Committee may appoint one or
more subcommittees to provide advice on specific issues.
(B)
A subcommittee shall report any findings and recommendations
to the Port Authority Advisory Committee chair.
§1.85.Department Advisory Committees.
(a)
Creation.
(1)
Project advisory committees.
(A)
Purpose. The executive director may authorize a district
engineer to create, by written order, an ad hoc project advisory committee
composed of the following members as may be deemed appropriate by the district
engineer: department staff; affected property owners and business establishments;
technical experts; professional consultants representing the department; and
representatives of local governmental entities, the general public, chambers
of commerce, and the environmental community. A project advisory committee
shall serve the purpose of facilitating, evaluating, and achieving support
and consensus from the affected community and governmental entities in the
initial stages of a highway improvement project. Advice and recommendations
of a committee provide the department with an enhanced understanding of public,
business, and private concerns about a project from the development phase
through the implementation phase, thus facilitating the department's communications
and traffic management objectives, resulting in a greater cooperation between
the department and all affected parties during project development and construction.
(B)
Duties. A project advisory committee shall:
(i)
maintain community and local government communication;
and
(ii)
respond in a timely fashion to affected parties' concerns
about project development and construction.
(C)
Manner of reporting. A project advisory committee shall
report its advice and recommendations to the district engineer.
(D)
Duration. A project advisory committee may be abolished
at any stage of project development, but in no event may a committee continue
beyond completion of the project.
(2)
Statewide Transportation Policy Committee.
(A)
Purpose. Transportation Code, §201.601, and 23 United
States Code §135 require the department to develop a statewide multimodal
transportation plan that encompasses all modes of transportation. Federal
law further provides 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 committee
will provide a forum for identifying issues to be addressed by the planning
process and for providing input into the department's planning process. The
committee members represent a constituency of interests and in this way broaden
input into the planning process.
(B)
Duties. The committee shall:
(i)
review and comment on issue papers prepared as part of
developing recommended goals for Texas' transportation system;
(ii)
review and comment on the draft statewide transportation
plan;
(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)
provide logistical assistance such as furnishing data
and existing planning materials.
(C)
Manner of reporting. The committee shall report its advice
and recommendations to the commission.
(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.
[
(3)
Ad hoc transit
advisory panels.]
[
(A)
Purpose. In order to provide for effective
and timely input from affected public transportation providers and riders,
the commission, by minute order, may create an ad hoc transit advisory panel.]
[
(B)
Duties. An ad hoc advisory panel shall advise
the Public Transportation Division on a single issue or program that only
affects a specific segment of the public transportation industry or of the
public. An example of an ad hoc panel would be a committee created to advise
the division on the funding allocation rules for a particular grant program.]
[
(C)
Manner of reporting. An ad hoc advisory panel
shall report its advice and recommendations to the Public Transportation Division
director.]
[
(D)
Duration. An ad hoc advisory panel shall be
abolished no later than 90 days after its creation.]
(3)
[
(4)
] Rulemaking advisory
committees.
(A)
Purpose. The commission, by order, may create ad hoc rulemaking
advisory committees pursuant to the Government Code, Chapter 2001, §2001.031,
for the purpose of receiving advice from experts, interested persons, or the
general public with respect to contemplated rulemaking.
(B)
Duties. A rulemaking advisory committee shall provide advice
and recommendations with respect to a specific contemplated rulemaking.
(C)
Manner of reporting. A rulemaking advisory committee shall
report its advice and recommendations to the division responsible for the
development of the rules.
(D)
Duration. A rulemaking committee shall be abolished upon
final adoption of rules by the commission.
[
(5)
Traffic Records
Council (TRC).]
[
(A)
Purpose. The TRC coordinates and guides the
planning and implementation of various Texas traffic records systems. The
overall goal of the TRC is to share information regarding the various state
data bases related to traffic records, establish a mutual understanding of
the overall state goal of increasing the safety and efficiency of the roadway
system, and to develop strategies for continued cooperation among all state
and local participants with an interest in the traffic records process.]
[
(B)
Duties. The TRC shall:]
[
(i)
assist the department in the coordination and
guidance of the planning and implementation of the various Texas traffic records
systems to improve information quality and quantity;]
[
(ii)
provide recommendations concerning the implementation
of a strategic plan for the improvement of the state's record systems;]
[
(iii)
help transfer related information on technology
and systems through meetings and forums; and]
[
(iv)
provide recommendations to the various agencies
on system enhancements and linkages.]
[
(C)
Manner of reporting. The TRC shall report its
advice and recommendations to the various participating agencies, including
the department and its Traffic Operations Division.]
(4)
[
(6)
] Intelligent Transportation
Systems (ITS) Steering Committees.
(A)
Purpose. Federal law encourages the expenditure of federal
transportation funds to achieve improvements in the efficiency of transportation
operations. A portion of these funds are specifically designated for the planning
and testing of Intelligent Transportation Systems technologies. As part of
the development and implementation of these projects, a district engineer,
in conjunction with local officials, may create a steering committee to provide
support for ITS activities. Advice and recommendations expressed by a committee
will foster the coordination of state and local benefit in the design, maintenance,
and operation of ITS facilities.
(B)
Duties. A committee shall provide advice and recommendations
with respect to:
(i)
ITS project priorities;
(ii)
the approval of projects;
(iii)
seeking project funding;
(iv)
coordinating public and private ventures; and
(v)
promoting ITS at local, state, and national levels.
(C)
Manner of reporting. A committee shall report its advice
and recommendations to the local district engineer, or
the district engineer's
[
his or her
] designee.
[
(7)
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.]
(5)
[
(8)
] Bicycle Advisory
Committee.
(A)
Purpose. The purpose of the Bicycle Advisory Committee
is to advise the commission on bicycle issues. By involving representatives
of the public, including bicyclists, the department helps ensure effective
communication with the bicycle community, and that the bicyclist's perspective
will be considered in the development of departmental policies affecting bicycle
use
,
including the design, construction and maintenance of highways.
(B)
Duties. The committee shall review and make recommendations
on items of mutual concern between the department and the bicycling community.
(C)
Manner of reporting. The committee shall report its advice
and recommendations to the commission.
[
(D)
Creation. The effective date for establishment
of the bicycle advisory committee will be the same date that the Bicycle Rules
Advisory Committee is abolished.
]
(D)
[
(E)
] Reimbursement. The department
may reimburse a member of the Bicycle Advisory 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.
[
(9)
Partners in Texas
Transportation Safety Committee.]
[
(A)
Purpose. The Partners in Texas Transportation
Safety Committee provides advice and makes recommendations to improve transportation
safety by identifying and evaluating safety issues for consideration in transportation
strategies, plans, and projects.]
[
(B)
Duties. The committee shall:]
[
(i)
develop and recommend safety goals and objectives
for the state through consideration of current transportation trends;]
[
(ii)
identify and recommend safety policies, procedures,
and processes which affect safety-related decisions; and]
[
(iii)
coordinate and communicate transportation
issues with other agencies and individuals to ensure a functional and productive
safety management system.]
[
(C)
Subcommittees.]
[
(i)
The committee may appoint subcommittees to
work independently on select safety issues.]
[
(ii)
A subcommittee shall report its finding or
recommendation to the committee chair.]
[
(D)
Manner of reporting. The committee shall report
its advice and recommendations to the participating agencies and the Director
of Traffic Operations.]
[
(E)
Duration. The committee is abolished September
1, 1999 unless continued in existence by affirmative vote of the commission.]
(b)
Operating procedures.
(1)
Membership. An advisory committee shall be composed of
not more than 24 members to be appointed by the office or official to whom
the committee is to report. When applicable to the purpose and duties of the
committee, the membership shall provide a balanced representation between:
(A)
industries or occupations regulated or directly affected
by the department; and
(B)
consumers of services provided either by the department
or by industries or occupations regulated by the department.
(2)
Meetings.
(A)
An advisory committee shall meet once a calendar year and
such other times as requested by the office to which it reports.
(B)
A majority of the membership of an advisory committee constitutes
a quorum. A committee may take formal action only by majority vote of its
membership.
(3)
Officers. Each committee shall elect a chair
and vice-chair by majority vote of the members of the committee.
(c)
Duration. Except as otherwise specified in this subsection,
a committee created under this section is abolished
December 31, 2001
[
September 1, 1999
] unless continued in existence by affirmative
vote of the commission.
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 May 1, 2000.
TRD-200003051
Richard Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: June 11, 2000
For further information, please call: (512) 463-8630
43 TAC §1.83, §1.84
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Department of Transportation or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
STATUTORY AUTHORITY
The repeals 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.
In addition, the repeals are proposed under Government Code, Chapter 2110,
which provides that a state agency that is advised by an advisory committee
shall adopt rules that state the purpose of the committee, describe the task
of the committee, state the manner in which the committee will report to the
agency, and establish a date on which the committee is abolished unless the
governing body of the agency affirmatively votes to continue the committee
in existence. The repeals are also proposed under statutory sections authorizing
the adoption of rules with respect to particular advisory committees, including
Transportation Code, §21.003(c) (Aviation Advisory Committee), §643.155(b)
(Household Goods Carriers Advisory Committee), §455.004(e) (Public Transportation
Advisory Committee), §643.202(d) (Vehicle Storage Facility/Tow Truck
Rules Advisory Committee), and §53.001(e) (Port Authority Advisory Committee).
No statutes, articles, or codes are affected by the proposed repeals.
§1.83.Statutory Advisory Committees.
§1.84.Rulemaking.
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 May 1, 2000.
TRD-200003052
Richard Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: June 11, 2000
For further information, please call: (512) 463-8630