Part 1.
TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 1.
MANAGEMENT
Subchapter F. ADVISORY COMMITTEES
43 TAC §1.84
The Texas Department of Transportation proposes amendments
to §1.84, concerning statutory advisory committees.
EXPLANATION OF PROPOSED AMENDMENTS
Senate Bill 195, 77th Legislature, 2001, amended Transportation Code, Subchapter
C, Chapter 201, by adding §201.114 to establish a Border Trade Advisory
Committee and to provide that the Transportation Commission may adopt rules
to govern it.
Government Code, §2110.005, provides that a state agency that is advised
by an advisory committee shall adopt rules that state the purpose of the committee
and describe the task of the committee and the manner in which the committee
will report to the agency. Government Code, §2110.008, provides that
a state agency shall establish by rule a date on which the committee will
automatically be abolished unless the governing body of the agency affirmatively
votes to continue the committee in existence.
The proposed amendments to §1.84 add new subsection (f) to meet these
statutory requirements.
New subsection (f)(1) sets forth the purpose of the Border Trade Advisory
Committee.
New subsection (f)(2) establishes the membership of the committee. The
committee will consist of seven members with staggered terms of three years
each. The commission may consider all relevant facts in selecting advisory
committee members, including the desirability of geographic and occupational
diversity. These provisions are intended to ensure that the committee will
be small enough to be effective, but large enough to reflect various perspectives
on border trade.
New subsection (f)(3) sets forth the duties of the committee. These duties
are mostly derived from the language of Transportation Code, §201.114.
The committee is also directed to undertake other duties as requested by the
commission or the department.
New subsection (f)(4) provides for meetings at least annually. This permits
the number and timing of meetings to be adjusted depending on the committee's
workload at any given time.
New subsection (f)(5) provides that the committee will not be involved
in rulemaking. This will permit the committee to concentrate on the broader
policy issues set forth in Transportation Code, §201.114, and in new §1.84(f)(3).
New subsection (f)(6) sets a sunset date of December 31, 2005, for the
committee.
FISCAL NOTE
James Bass, Director, Finance Division, 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 sections as proposed.
Richard D. Monroe, General Counsel, 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
Richard D. Monroe, General Counsel, has also determined that for each year
of the first five years the sections are in effect, the public benefit anticipated
as a result of enforcing or administering the amendments will be to continue
to provide a forum to facilitate communication among the department, other
governmental agencies, and the public regarding transportation issues and
to enhance the efficiency of advisory committees. There will be no effect
on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed amendments may be submitted to Al Luedecke,
Director, Transportation Planning and Programming, 125 East 11th Street, Austin,
Texas 78701-2483. The deadline for receipt of comments is 5:00 p.m. on September
10, 2001.
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.
In addition, the amendments 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 are also proposed under Transportation Code, §201.114(b),
which authorizes the adoption of rules with respect to the Border Trade Advisory
Committee.
No statutes, articles, or codes are affected by the proposed amendments.
§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.
(f)
Border Trade Advisory Committee.
(1)
Purpose. Created pursuant to Transportation Code, §201.114,
the Border Trade Advisory Committee provides a forum for the exchange of communications
among the commission, the department, and committee members representing border
trade interests. The committee's advice and recommendations will provide the
commission and the department with a broad perspective regarding the effect
of transportation choices on border trade in general and on particular communities.
The members of the committee also provide an avenue for interested parties
to express opinions with regard to border trade issues.
(2)
Membership. The commission will appoint seven members to
staggered three-year terms expiring on August 31 of each year. The initial
membership of the committee will consist of two members whose terms expire
on August 31, 2002; two members whose terms expire on August 31, 2003; and
three members whose terms expire on August 31, 2004. In appointing members,
the commission may consider all relevant facts, including the desirability
of geographic and occupational diversity.
(3)
Duties. The committee shall:
(A)
define and develop a strategy for identifying and addressing
the highest priority border trade transportation challenges;
(B)
make recommendations to the commission regarding ways in
which to address the highest priority border trade transportation challenges;
(C)
advise the commission on methods for determining priorities
among competing projects affecting border trade; and
(D)
perform other duties as determined by the commission, the
executive director, or the executive director's designee.
(4)
Meetings. The committee shall meet at least once a calendar
year. The dates and times of meetings shall be set by the committee. The committee
shall also meet at the request of the department.
(5)
Rulemaking. Section 1.83 of this subchapter does not apply
to the Border Trade Advisory Committee.
(6)
Duration. The Border Trade Advisory Committee is abolished
December 31, 2005, unless the commission amends its rules to provide for a
different date.
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 July 27, 2001.
TRD-200104353
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: September 9, 2001
For further information, please call: (512) 463-8630
Subchapter B. ACCESS TO OFFICIAL RECORDS
43 TAC §§3.10 - 3.14
The Texas Department of Transportation proposes amendments
to §§3.10-3.14, concerning access to official records.
EXPLANATION OF PROPOSED AMENDMENTS
House Bill 1922, 77th Legislature, 2001, created a right for an individual
to request that government-held information about that individual be corrected.
It required each state agency to establish reasonable procedures allowing
information to be corrected.
House Bill 1544, 77th Legislature, repealed Transportation Code, Chapter
731 concerning the disclosure of personal information from motor vehicle records.
It also clarified that statutory provisions relating to the release of accident
reports apply only to certain legally required accident reports filed under
Transportation Code, Chapters 550 and 601. In addition, House Bill 1544 conformed
Transportation Code, Chapter 730 more closely to federal law by eliminating
the requirement that a motorist elect not to release personal information
contained in motor vehicle records.
Sections 3.10-3.14 are amended throughout to conform to the provisions
of House Bills 1922 and 1544. Amendments are also made to conform the rules
more closely to current language and to eliminate unnecessary language that
merely duplicates statutory provisions. Additional nonsubstantive changes
are made to enhance clarity and to improve grammar.
Section 3.10 is amended to clarify that the release of public information
is governed by other laws, in addition to the Public Information Act.
Section 3.11 is amended to eliminate definitions of words that will no
longer be used in the rules. The definition of personal information is amended
to conform to the language of HB 1544 with regard to accident reports. The
definition of programming is amended to eliminate the requirement that programming
be performed in computer code to reflect the greater flexibility of current
computers.
Section 3.12(a)(3)(B)(iii) is amended to eliminate the condition that a
person must request that the department restrict the release of personal information.
House Bill 1544 removed this condition.
Section 3.12(a)(4) and (5) are eliminated because they relate to the substantive
law governing release of information, which is set forth more completely in
Government Code, Chapter 552. In addition, §3.12(a)(5) is no longer accurate
because the law governing accident reports was restricted by House Bill 1544
to certain legally required accident reports filed under Transportation Code,
Chapters 550 and 601.
Section 3.12(e)(1)(A) is eliminated because it relates to the substantive
law governing release of information, which is set forth more completely in
Government Code, Chapter 552.
Section 3.12(e)(1)(B) is eliminated because House Bill 1544 repealed the
statutory provisions requiring a person to request that personal information
in motor vehicle records not be disclosed.
Section 3.12(f)(5) is amended to add General Counsel as a certifying official
to conform to subsection (a)(1)(A) of this section.
Under §3.12, subsection (i) is added in response to House Bill 1922,
which requires the department to establish a procedure for correcting information
without imposing undue burdens. The procedure set forth in this subsection
is designed to be flexible and decentralized so it can be molded to conform
to the widely varying operations of different districts, divisions, and offices
of the department. The procedure is also designed to avoid abuse by precluding
undefined requests to correct all records without further specificity and
by clarifying that official documents, such as vehicle titles and registrations,
overweight permits, and occupational licenses, may not be changed without
following procedures that are already established.
Section 3.13(a) is amended to eliminate the reference to the cost of weekly
motor vehicle record updates when the tape is provided by the requestor. The
department no longer permits requestors to provide their own tapes.
Section 3.13(f)(1) is amended to clarify that costs of public information
will be waived for employees who file grievance proceedings only to the extent
that requested information is relevant to those proceedings. This conforms
to current practice, under which fees are not waived to subsidize broad fishing
expeditions of no direct relevance to grievance proceedings. The determination
of relevance is made by the Office of General Counsel, which has general responsibility
for advising the department with regard to the Public Information Act.
Section 3.13(f)(2) is amended to conform to current practice, under which
district engineers, division directors, and office directors are permitted
to waive public information fees if waiver is in the public interest or if
the fees would be minimal.
Section 3.14 is amended to removed reference to Transportation Code, Chapter
231 and to improve readability.
FISCAL NOTE
James Bass, Director, Finance Division, has determined that for the first
five-year period the amended sections 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 costs for persons required to comply
with the amendments as proposed.
Richard Monroe, General Counsel, 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
Mr. Monroe 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 enhanced public knowledge of the procedures followed
by the department in responding to requests for information and reduced public
confusion from apparent inconsistencies between the rules and the applicable
statutes. There will be no effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed amendments may be submitted to Richard
Monroe, General Counsel, Texas Department of Transportation, 125 East 11th
Street, Austin, Texas 78701-2483. The deadline for receipt of comments is
5:00 p.m. on September 10, 2001.
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.
No statutes, articles, or codes are affected by these proposed amendments.
§3.10.Purpose and Scope.
It is the policy of the Texas Department of Transportation to provide
the public complete information regarding the affairs of the department in
a manner that will facilitate and maximize public access. In compliance with
the Public Information Act, Government Code, Chapter 552,
and other statutes
relating to the availability of public information,
the sections under
this subchapter provide policies and procedures governing public access to
official department public records.
§3.11.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
[(1)
Code - Government Code, Chapter 552.]
(1)
[
(2)
[
[(4)
Disadvantaged business enterprise (DBE)
- A business concern certified as a DBE by the department.]
(3)
[
(4)
[
[(7)
Historically underutilized business (HUB)
- A business concern certified as a HUB by the General Services Commission.]
[(8)
Internet - The international computer
network of federal and nonfederal interoperable packet switched data networks
or a similar computer bulletin board or computer network accessible to the
public.]
(5)
[
(6)
[
[(11)
Processing - The execution of a sequence
of coded instructions by a computer producing a result.]
(7)
[
(8)
[
(9)
[
(10)
[
(11)
[
(12)
[
§3.12.Public Access.
(a)
Request for records.
(1)
Submittal of request. A person seeking public information
shall submit a request in writing to the department.
(A)
A request made by other than electronic mail shall be submitted
to:
(i)
the department's General Counsel;
(ii)
the department's Director of Public Information; or
(iii)
the district engineer or division director of the
district or division
[
(B)
A request made by electronic mail shall be sent via the
department's World Wide Web site, located at http://www.dot.state.tx.us/.
(2)
Information required. A request for official records shall
include the name, address, and telephone number of the requestor, and a description
of the records in sufficient detail to permit efficient gathering of the requested
items. The request shall also include the preferred mailing, facsimile transmission,
or electronic mail address at which the requestor wishes to receive a cost
itemized statement provided pursuant to Government Code, §552.2615(a)
and §3.13(d) of this subchapter;
(3)
Vehicle title and registration information.
(A)
The department will provide certain vehicle registration
information by telephone or upon receipt of a written request. Requested information
will be released in accordance with 18 U.S.C. §2721, Transportation Code, §502.008,
and Transportation Code,
Chapter 730
[
(B)
The department will provide a written form for requests
for motor vehicle registration information. A completed and properly executed
form must include, at a minimum:
(i)
the name and address of the requestor;
(ii)
the Texas license number, title or document number, or
vehicle identification number of the motor vehicle about which information
is requested;
(iii)
a statement that [
(iv)
a statement that the information is requested for a lawful
and legitimate purpose in accordance with Transportation Code, §502.008[
(v)
a certification that the statements made on the form are
true and correct; and
(vi)
the signature of the requestor.
(C)
The department will provide vehicle registration information
by license number by telephone only in accordance with 18 U.S.C. §2721,
Transportation Code, §502.008, and Transportation Code,
Chapter
730
[
(i)
a peace officer acting in an official capacity; or
(ii)
an official of the state, city, town, county, special
district, or other political subdivision, utilizing the obtained information
for tax purposes or for the purpose of determining eligibility for a state
public assistance program.
[(4)
HUB/DBE applicant information. The department
will not release information submitted by a vendor or contractor in connection
with an application for certification as a HUB or DBE unless requested by:]
[(A)
a state or local governmental agency for a use permitted
by Government Code, §552.128; or]
[(B)
a person with the express written permission of the HUB/DBE
or the HUB/DBE's agent.]
[(5)
Accident information. The department
will not release information about the date of an accident, the name of a
person involved in an accident, or the specific location of an accident unless
requested by:]
[(A)
the Department of Public Safety;]
[(B)
a governmental agency that uses the information for accident
prevention purposes;]
[(C)
the law enforcement agency that employs the peace officer
who investigated the accident and reported it to the Department of Public
Safety; or]
[(D)
a person who provides the name of a person involved in
the accident and:]
[(i)
the date of the accident; or]
[(ii)
the specific location where the accident occurred.]
(b)
Production of records. Except as provided in subsections
(a), (d), (e), and (f) of this section, the department will provide copies
or promptly produce official department records for inspection, duplication,
or both. If the requested information is unavailable for inspection at the
time of the request because it is in active use or otherwise not readily available,
the department will certify this fact in writing within 10 business days after
the date the information is requested to the applicant and specify a date
[
(c)
Examination of information.
(1)
A person requesting to examine official records in the
offices of the department must complete the examination without disrupting
the normal operations of the department and not later than the 10th day after
the date the records are made available to the person. Upon written request,
the department will extend the examination period by increments of 10 days,
not to exceed a total of 30 days.
(2)
The inspection of records may be interrupted by the department
if the records are needed for use by the department. The period of interruption
will not be charged against the requestor's 10-day period to examine the records.
(3)
A person may not remove an original copy of an official
department record from the offices of the department.
(d)
Request for opinion. If the department considers that requested
records fall within an exception under the
Government
Code, and
that the records should be withheld, the department will ask for a decision
from the attorney general about whether the records are within that exception
if there has not been a previous determination about whether the records fall
within one of the exceptions. The request for a decision from the attorney
general will be made by the 10th business day after the date of receiving
the written request.
(e)
Confidential information and privacy protection.
(1)
The department will not provide records considered to be
confidential by law or otherwise prohibited from release under the
Government
Code or other provisions of law [
[(A)
The department will not provide access
to social security numbers contained in the department's records except to
governmental agencies that demonstrate authority to obtain the information.]
[(B)
Upon receipt of a request from an individual
to restrict release of that person's personal information in a motor vehicle
registration record, the department will only release the information in accordance
with 18 U.S.C. §2721, Transportation Code, §502.008, and Transportation
Code, Chapters 730 and 731. The department will provide a form for such a
request. A completed and properly executed form must include, at a minimum:]
[(i)
the printed name and address of the requestor;]
[(ii)
a description of the motor vehicle to which the request
applies;]
[(iii)
a designation that the requestor chooses to restrict
disclosure of personal information in response to individual requests for
information;
[(iv)
a designation that the requestor chooses to restrict
disclosure of personal information in response to requests for information
to be used for bulk distribution for surveys, marketing, or solicitations;
and]
[(v)
the signature of the requestor.]
[
(2)
A legislative member, agency, or committee may request
confidential information if the public information requested is for legislative
purposes. The department may require the requesting legislative agency or
committee, or the member or employee of the requesting entity, to sign a confidentiality
agreement that requires the following provisions.
(A)
The information shall not be disclosed outside the requesting
entity, or within the requesting entity for purposes other than the purpose
for which it was received.
(B)
The information shall be labeled confidential.
(C)
The information shall be kept securely.
(D)
The number of copies of the information or the notes taken
from the information that are not destroyed or returned to the department
remain confidential and subject to the confidentiality agreement.
(f)
Repetitious or redundant requests. The department may elect
not to provide records if the department has previously furnished the same
copies or made the same information available to the requestor. In the event
that the department elects not to provide records under this subsection, the
department will provide the requestor with a certification that includes:
(1)
a description of the information previously made available
to the requestor;
(2)
the date that the department received the requestor's previous
request for the information;
(3)
the date that the department previously made the information
available to the requestor;
(4)
a statement that no subsequent additions, deletions, or
corrections have been made to that information; and
(5)
the name, title, and signature of the department's
General Counsel or
Director of Public Information or the district engineer
or division director for the district or division [
(g)
Certified records. In accordance with Transportation Code, §201.501,
the following officials shall serve as the executive director's authorized
representatives for the purpose of certifying official department records.
(1)
The
department's
[
(2)
Other official records of the department may be certified
by the district engineer, division director, or other department official
having official custody of the records. A district engineer or division director
may delegate certification authority to other officials to assure sufficient
availability of authorized certifying officials.
(h)
Programming and manipulation of data.
(1)
If responding to a request for information will require
programming or manipulation of data and compliance with the request is not
feasible or will result in substantial interference with the department's
ongoing operations, or if the information could be made available in the requested
form only at a cost that covers the programming and manipulation of data,
the department will provide a written statement within 20 days after the date
of the receipt of the request. The statement will include:
(A)
a statement that the information is not available in the
requested form;
(B)
a description of the form in which the information is available;
(C)
a description of any contract or services that would be
required to provide the information in the requested form;
(D)
a statement of the estimated cost of providing the information;
and
(E)
a statement of the anticipated time required to provide
the information.
(2)
If the department gives written notice within 20 days after
the date of receipt of the request to the person making the request that additional
time is needed, the department may have an additional 10 days to issue the
statement in paragraph (1) of this subsection.
(3)
The department will not provide the information until the
person making the request states in writing that the requestor wants:
(A)
the department to provide the information according to
the cost and time parameters set out in the statement; or
(B)
the information in the form in which it is available.
(i)
Correction of Information. An individual
may request the correction of information about that individual in the following
manner:
(1)
A request to correct information may be submitted in writing
or through the department's World Wide Web site, located at http://www.dot.state.tx.us/.
The request must be directed to the district engineer or division director
of the district or division responsible for the information.
(2)
The request must include the individual's name, address,
and telephone number.
(3)
The request must identify the record to be corrected with
as much specificity as reasonably possible. The department will not process
requests that do not identify particular records.
(4)
This subsection applies only to a request to correct information
that relates directly to an individual, including the individual's name, address,
telephone number, and similar information.
(5)
The department may contact the individual or take other
steps as necessary to verify the individual's identity. The department may
also contact the individual or take other steps as necessary to obtain additional
information with regard to the record to be corrected, the nature of the correction
to be made, the reasons that the current information maintained by the department
is incorrect, or other relevant matters.
(6)
The district engineer or division director of the district
or division responsible for the information will determine if the current
information maintained by the department is incorrect.
(A)
If the current information maintained by the department
is determined to be incorrect, the department's records will be corrected.
The district engineer or division director of the district or division responsible
for the information will determine the manner in which the correction will
be made.
(B)
If the current information maintained by the department
is determined to be correct, the request for correction will be noted in connection
with the relevant record.
(C)
The department may refuse to alter records that were correct
at the time they were first prepared, but are no longer correct. If the department
refuses to alter a record that was correct at the time it was first prepared,
but is no longer correct, the request for correction will be noted in connection
with the relevant record.
(7)
This subsection does not authorize the cancellation, issuance,
or alteration of any official record, including a title, a license, or a permit.
Application for a new official record must be made in the manner required
by law.
§3.13.Cost of Copies of Official Records.
(a)
Standard costs. The following table lists charges for copies
and related services.
Figure: 43 TAC §3.13(a)
(b)
Personnel and overhead charge. A personnel charge of $15
per hour plus an overhead charge of 20% of the personnel charge will be added
to the costs of any request involving the:
(1)
copying of more than 50 pages;
(2)
copying of information located in two or more buildings
that are not physically connected with each other;
(3)
copying of information located in a remote storage facility;
(4)
retrieval of information that is older than five years
and will require more than five hours to make available for inspection; or
(5)
retrieval of information that will completely fill six
or more archival boxes and will require more than five hours to make available
for inspection.
(c)
Document inspection. If editing of confidential information
is required in order to obtain access to a record for inspection, the department
may charge for the cost of making copies to edit.
(d)
Estimated charges.
(1)
If a request will result in the imposition of a charge
that exceeds $40, the department will provide the requestor:
(A)
an itemized statement detailing all estimated charges;
and
(B)
an identification of any less costly alternative that is
available.
(2)
If a less costly alternative is specified, the itemized
statement will inform the requestor of the need to contact the department
regarding the alternative and will inform the requestor:
(A)
that the request will be considered to be automatically
withdrawn if the requestor does not, within 10 days of the date of the notice
and in writing, accept the charges or modify the request; and
(B)
that the requestor may respond by mail, in person, by facsimile
transmission, or by electronic mail.
(3)
If, before the requested information is made available,
it is determined that actual charges will exceed the charges identified in
paragraph (1) of this subsection by 20% or more, the department will send
the requestor an updated itemized statement detailing all estimated charges
that will be imposed.
(4)
If an itemized or updated itemized statement is provided
under paragraphs (1) or (3) of this subsection and the requestor does not
accept the estimated charges in writing or modify the request in writing within
10 days of the date of the notice, the request will be considered to have
been withdrawn by the requestor.
(5)
Actual charges will not exceed the estimated charges in
the itemized statement provided under paragraph (1) of this subsection by
more than 20%, or if an updated itemized statement is provided under paragraph
(3) of this subsection, actual charges will not exceed the estimated charges
in the updated itemized statement.
(e)
Payment.
(1)
Payment of charges is due prior to release of copies of
records.
(2)
Upon release of copies of records, the department will
provide to the requestor a statement describing all charges, including the
amount of time required for retrieval and copying, when personnel and overhead
charges are included. The statement will be signed by an authorized employee
with that employee's name typed or printed below the signature.
(f)
Waiver.
(1)
When an employee files an internal employee grievance,
the department will provide copies of
relevant
records free of
charge to an official party to the proceeding.
The department's General
Counsel will determine which records are relevant under this subsection.
(2)
The department may waive or reduce the fees charged under
subsections (a) and (b) of this section if the executive director
, the
district engineer with jurisdiction over the records, or the division director
with jurisdiction over the records
[
§3.14.Electronic Access to Department Records.
(a)
Electronic on-line delivery systems. The department will
provide certain information [
(b)
Electronic access to vehicle title and registration information.
(1)
Information available. The department will make motor vehicle
registration, title, and vehicle ownership information available electronically
to an individual, agency, or business in accordance with 18 U.S.C. §2721,
Transportation Code, §502.008, and Transportation Code,
Chapter
730
[
(2)
Agreement with business or individuals. The written service
agreement with a business or individual must contain:
(A)
the specified purpose of the agreement;
(B)
an adjustable account, if applicable, in which an initial
deposit and minimum balance is maintained in the amount of:
(i)
$200 for an on-line access account; or
(ii)
$1,000 for a prepaid account for batch purchase of motor
vehicle registration information;
(C)
notification regarding the charges provided in §3.13
of this subchapter;
(D)
termination and default provisions;
(E)
service hours for access to motor vehicle records for on-line
access;
(F)
the contractor's signature;
(G)
a statement that the use of registration information obtained
by virtue of a service agreement is conditional upon its being used:
(i)
in accordance with 18 U.S.C. §2721, Transportation
Code, §502.008, and Transportation Code,
Chapter 730
[
(ii)
only for the purposes defined in the agreement; and
(H)
the statements required by §3.12(a)(3)(B) of this
subchapter.
(3)
Agreements with governmental agencies.
(A)
The written service agreement with an agency must contain:
(i)
the specified purpose of the agreement;
(ii)
method of payment;
(iii)
notification regarding the charges provided in §3.13
of this subchapter;
(iv)
a statement that the use of registration information obtained
by virtue of a service agreement is conditional upon its being used in accordance
with 18 U.S.C. §2721, Transportation Code, §502.008, and Transportation
Code,
Chapter 730
[
(v)
the statements required by §3.12(a)(3)(B) of this
subchapter;
(vi)
the signature of an authorized official; and
(vii)
an attached statement citing the agency's authority to
obtain social security number information, if applicable.
(B)
Texas Law Enforcement Telecommunication System (TLETS)
access is exempt from the payment of fees.
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 July 27, 2001.
TRD-200104354
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: September 9, 2001
For further information, please call: (512) 463-8630
Subchapter B. HIGHWAY IMPROVEMENT CONTRACTS
Chapter 3.
PUBLIC INFORMATION
(2)
] Commission - Texas Transportation
Commission.
(3)
] Department - Texas Department
of Transportation.
(5)
] District engineer - The chief
administrative officer of a district of the department.
(6)
] Division director - The chief
administrative officer of a division or office of the department.
(9)
] Manipulation - The process
of modifying, reordering, or decoding information with human intervention.
(10)
] Personal information - Information
that identifies an individual, including an individual's photograph or computerized
image, social security number, driver identification number, personal identification
certificate number, name, address other than the postal routing code, telephone
number, and medical or disability information. The term does not include
information contained in an accident report prepared under Transportation
Code, Chapters 550 or 601,
[
information on vehicular accidents,
] driving or equipment-related violations, or driver's license or registration
status.
(12)
] Programming - The process
of producing a sequence of [
coded
] instructions that can be executed
by a computer.
(13)
] Political subdivision - A
county, municipality, local board, or other governmental body of this state
having authority to provide a public service.
(14)
] Service agreement - A contractual
agreement that allows individuals, businesses, or state governmental agencies
or institutions to access the department's vehicle registration records.
(15)
] Special district - A political
subdivision of the state established to provide a single public service within
a specific geographical area.
(16)
] Vehicle registration record
- Information contained in the department's files that reflects, but is not
limited to, the make, vehicle identification number, year, model, body style,
and license number of a motor vehicle, and the name, address, and social security
number of the registered owner.
(17)
] Written request - A request
made in writing, including electronic mail, electronic media,
and
[
or
] facsimile transmission.
department
] responsible for the information.
Chapters 730 and 731
].
if a person who is a subject of
the record has requested the department to restrict the release of the information,
] the requested information may only be released if the requestor is
the subject of the record, if the requestor has written authorization for
release from the subject of the record, or if the intended use is for one
of the permitted uses indicated on the form;
, and that, in accordance with Transportation Code, §731.002, the requestor
will not disseminate or publish the information on the Internet or permit
another to do so
];
Chapters 730 and 731
], and only if requested by:
and hour
] within a reasonable time when the record will be available
for inspection or duplication.
, and will not provide copies
of information subject to intellectual property protection
].
]
(C)
Upon receipt of a court order
preventing release of information, the department will prevent access to any
information pertaining to an individual's specific motor vehicle record.]
of the department
] responsible for the information.
Department's
] chief
minute clerk may certify commission minute orders. In the absence of the chief
minute clerk, minute orders may be certified by the executive assistant to
the executive director. The executive director may delegate certification
authority to other officials to assure sufficient availability of authorized
certifying officials.
or the executive director's
designee
] determines a waiver to be in the public interest because providing
the records primarily benefits the general public
or because the records
can be produced at a minimal expense to the public
.
via the Internet
] through a departmental
World Wide Web Site (http://www.dot.state.tx.us). Information concerning doing
business with the department, news about the department, tourism and travel
information, public transportation information, and other transportation-related
information will be provided through this web site.
Chapters 730 and 731
] under the terms of a written service
agreement.
Chapters 730 and 731
]; and
Chapters 730 and 731
], and only for
the purposes defined in the agreement;
Chapter 9.
CONTRACT MANAGEMENT