TITLE 43.TRANSPORTATION

Part 1. TEXAS DEPARTMENT OF TRANSPORTATION

Chapter 1. MANAGEMENT

Subchapter H. VEHICLE FLEET MANAGEMENT

43 TAC §1.600

The Texas Department of Transportation adopts new §1.600 concerning restrictions on assignment of vehicles. New section §1.600 is adopted without changes to the text as proposed by publication in the February 9, 2001, issue of the Texas Register (26 TexReg 1260), and will not be republished.

EXPLANATION OF ADOPTED NEW SECTION

House Bill 3125, 76th Legislature, 1999 required the General Services Commission and the Council on Competitive Government to develop a plan for improving the administration and operation of the state's vehicles. This plan was recently adopted. The bill further requires each state agency to adopt rules, consistent with the plan, relating to the assignment and use of the agency's vehicles. Section 1.600 is necessary to comply with H.B. 3125.

COMMENTS

No comments were received on the proposed new section.

STATUTORY AUTHORITY

The new section is adopted 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, §2171.1045, which requires the department to adopt rules relating to the assignment and use of the department's vehicles.

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 March 30, 2001.

TRD-200101868

Richard D. Monroe

General Counsel

Texas Department of Transportation

Effective date: April 19, 2001

Proposal publication date: February 9, 2001

For further information, please call: (512) 463-8630


Chapter 23. TRAVEL INFORMATION

The Texas Department of Transportation adopts the repeal of §§23.40-23.47, Memorandum of Understanding with the Texas Department of Commerce and the Texas Parks and Wildlife Department, and simultaneously adopts new §23.40, Memorandum of Understanding with the Texas Department of Economic Development, Texas Parks and Wildlife Department, the Texas Commission on the Arts, and the Texas Historical Commission. The repeals and new section are adopted without changes to the text as proposed by publication in the February 9, 2001, issue of the Texas Register (26 TexReg 1261), and will not be republished.

EXPLANATION OF ADOPTED REPEALS AND NEW SECTION

The department previously adopted a memorandum of understanding (MOU) with the Texas Department of Commerce and Texas Parks and Wildlife Department to coordinate travel and tourism responsibilities. This MOU, codified as 43 TAC §§23.40-23.47, has expired.

Government Code, §481.028, requires the Texas Department of Economic Development to develop a memorandum of understanding with the Texas Department of Transportation (TxDOT) and the Texas Parks and Wildlife Department to cooperate in marketing and promoting Texas as a travel destination and provide services to travelers, and requires each agency to adopt the MOU by rule. Rider 29 to TxDOT's appropriations for Fiscal Years 2000-2001 requires TxDOT, Texas Parks and Wildlife Department, Texas Department of Economic Development, Texas Historical Commission, and the Texas Commission on the Arts to adopt an MOU concerning travel and tourism. In order to comply with §481.028 and Rider 29, it is necessary to repeal existing §§23.40-23.47 and simultaneously propose new §23.40 concerning a Memorandum of Understanding with the Texas Department of Economic Development, the Texas Parks and Wildlife Department, the Texas Commission on the Arts, and the Texas Historical Commission. This section adopts by reference the provisions of the MOU proposed for adoption by the Texas Department of Economic Development and published in the December 29, 2000, issue of the Texas Register (25 TexReg 12878).

COMMENTS

No comments were received on the proposed repeals and new section.

Subchapter D. MEMORANDUM OF UNDERSTANDING WITH THE TEXAS DEPARTMENT OF COMMERCE AND THE TEXAS PARKS AND WILDLIFE DEPARTMENT

43 TAC §§23.40 - 23.47

STATUTORY AUTHORITY

The repeals are adopted 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, §481.028, which requires the Texas Department of Economic Development to develop a memorandum of understanding with TxDOT and the Texas Parks and Wildlife Department to cooperate in marketing and promoting Texas as a travel destination and provide services to travelers, and requires each agency to adopt the MOU by rule.

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 March 30, 2001.

TRD-200101870

Richard D. Monroe

General Counsel

Texas Department of Transportation

Effective date: April 19, 2001

Proposal publication date: February 9, 2001

For further information, please call: (512) 463-8630


Subchapter D. MEMORANDUM OF UNDERSTANDING

43 TAC §23.40

The new section is adopted 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, §481.028, which requires the Texas Department of Economic Development to develop a memorandum of understanding with TxDOT and the Texas Parks and Wildlife Department to cooperate in marketing and promoting Texas as a travel destination and provide services to travelers, and requires each agency to adopt the MOU by rule.

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 March 30, 2001.

TRD-200101869

Richard D. Monroe

General Counsel

Texas Department of Transportation

Effective date: April 19, 2001

Proposal publication date: February 9, 2001

For further information, please call: (512) 463-8630