Part 1.
TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 1.
MANAGEMENT
Subchapter H. VEHICLE FLEET MANAGEMENT
43 TAC §1.600
The Texas Department of Transportation proposes new §1.600
concerning restrictions on assignment of vehicles.
EXPLANATION OF PROPOSED 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.
FISCAL NOTE
James Bass, Director, Finance Division, has determined that for the first
five-year period the new section is in effect, there will be no fiscal implications
for state or local governments as a result of enforcing or administering the
new section. There are no anticipated economic costs for persons required
to comply with the section as proposed.
Lawrence J. Zatopek, Director, General Services Division, has certified
that there will be no significant impact on local economies or overall employment
as a result of enforcing or administering the new section.
PUBLIC BENEFIT
Mr. Zatopek has also determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
or administering the new section will be insuring efficient use of state resources
for solely legitimate business purposes. There will be no effect on small
businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed new section may be submitted to Lawrence
J. Zatopek, Director, General Services Division, 125 East 11th Street, Austin,
Texas 78701-2483. The deadline for receipt of comments is 5:00 p.m. on March
12, 2001.
STATUTORY AUTHORITY
The new section is proposed under Transportation Code, §201.101, which
provides the Texas Transportation Commission with the authority to establish
rules for the conduct of the work of the Texas Department of Transportation,
and more specifically, Government Code, §2171.1045, which requires the
department to adopt rules relating to the assignment and use of the department's
vehicles.
No statutes, articles, or codes are affected by the proposed new section.
§1.600.Restrictions on Assignment of Vehicles.
(a)
Definitions. The following words and terms, when used in
this section, shall have the following meanings, unless the context clearly
indicates otherwise.
(1)
Department - The Texas Department of Transportation.
(2)
Executive Director - The executive director of the Texas
Department of Transportation or the director's designee not below the level
of division director, district engineer, or office director.
(b)
Motor pool. Each department vehicle, with the exception
of a vehicle assigned to a field employee, will be assigned to the department's
motor pool and be available for checkout.
(c)
Regular vehicle assignment. The department may assign a
vehicle to an individual administrative or executive employee on a regular
or everyday basis only if the executive director makes a written documented
finding that the assignment is critical to the needs and mission of the department.
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 January 26, 2001.
TRD-200100448
Richard Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: March 11, 2001
For further information, please call: (512) 463-8630
Subchapter D. MEMORANDUM OF UNDERSTANDING WITH THE TEXAS DEPARTMENT OF COMMERCE AND THE TEXAS PARKS AND WILDLIFE DEPARTMENT
The Texas Department of Transportation proposes 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 proposes 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.
EXPLANATION OF PROPOSED 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).
FISCAL NOTE
James Bass, Director, Finance Division, has determined that for the first
five-year period the new section is in effect there will be no fiscal implications
for state or local governments as a result of enforcing or administering the
repeals and new section. There are no anticipated economic costs for persons
required to comply with the repeals and new section as proposed.
Doris Howdeshell, Director, Travel Division, has certified that there will
be no significant impact on local economies or overall employment as a result
of enforcing or administering the repeals and new section.
PUBLIC BENEFIT
Ms. Howdeshell has also determined that for each year of the first five
years the repeals and new section are in effect the MOU will enhance coordination
among the various state agencies with statutory responsibilities concerning
travel and tourism. There will be no effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed repeals and new section may be submitted
to Doris Howdeshell, Director, Travel Division, 125 East 11th Street, Austin,
Texas 78701-2483. The deadline for receipt of comments is 5:00 p.m. on March
12, 2001.
Chapter 23.
TRAVEL INFORMATION