Part 1.
TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 2.
ENVIRONMENTAL POLICY
Subchapter B. MEMORANDA OF UNDERSTANDING WITH NATURAL RESOURCE AGENCIES
The Texas Department of Transportation adopts the repeal of §2.23,
Memorandum of Understanding with the Texas Water Commission, the repeal of §2.25,
Memorandum of Understanding with the Texas Natural Resource Conservation Commission,
and simultaneously adopts new §2.23, Memorandum of Understanding with
the Texas Natural Resource Conservation Commission. The repeals and new sections
are adopted without changes to the proposed text as published in the November
9, 2001, issue of the
Texas Register
(26 TexReg
9065), and will not be republished.
EXPLANATION OF ADOPTED REPEALS AND NEW SECTION
Transportation Code §201.607, requires the Texas Department of Transportation
(TxDOT) to adopt a Memorandum of Understanding (MOU) with each state agency
that has responsibilities for the protection of the natural environment, the
preservation of the natural environment, or for the preservation of historic
or archeological resources. Section 201.607 also requires TxDOT to adopt the
memoranda and all revisions by rule and to periodically evaluate and revise
the memoranda. In order to meet the legislative intent and to ensure that
natural environmental resources are given full consideration in accomplishing
TxDOT's activities, TxDOT has evaluated the memoranda of understanding adopted
in 1992 and 1994. After this evaluation, TxDOT finds it necessary to repeal §2.23
(MOU with the Texas Water Commission) and §2.25 (MOU with the Texas Natural
Resource Conservation Commission), and to simultaneously adopt new §2.23
in a revised form. New §2.23 describes procedures providing for Texas
Natural Resource Conservation Commission (TNRCC) review of TxDOT projects
that have the potential to affect natural resources within the jurisdiction
of TNRCC.
New §2.23 describes the purpose of the section, including implementing
provisions of Texas Transportation Code, §201.607, and the rules for
coordination of state-assisted transportation projects, codified under Title
43, Texas Administrative Code, §§2.40-2.51 (and any subsequent amendments),
which underline the need for and importance of comprehensive environmental
coordination for all transportation projects. Section 2.23 also provides definitions
for words and terms used in the MOU.
Subsection (a) explains the purpose of the MOU, including a statement of
TxDOT policy regarding the identification of environmental impacts of TxDOT
projects; the basis for project decisions; public input; and the use of a
systematic interdisciplinary approach in project development. The MOU provides
a formal mechanism by which TNRCC may review TxDOT projects. This review will
promote the mutually beneficial sharing of information between TxDOT and TNRCC,
which will assist TxDOT in making environmentally sound decisions.
Subsection (b) sets out the authority by which each agency may adopt memoranda
of understanding.
Subsection (c) provides definitions for this section.
Subsection (d) outlines the responsibilities of the department and TNRCC.
The department's responsibilities include planning and designing safe, efficient,
effective and environmentally sound transportation facilities, while avoiding,
minimizing, or compensating, where practicable, for anticipated environmental
impacts; the timely and efficient construction of transportation facilities;
and the ongoing maintenance of transportation facilities. As a state natural
resource protection agency, TNRCC's responsibilities include protecting the
state's air quality; the protection of water, water quality, and water rights;
and the administration of other state environmental programs.
Subsection (e) contains a new provision for early project development that
provides a process for early contact with TNRCC to identify potential impacts
to air and water resources caused by proposed transportation projects. Subsection
(e) also contains a set of criteria under which transportation projects will
be coordinated on air quality and/or water quality with TNRCC, with a TNRCC
review time of environmental documentation of 30 days. The subsection also
provides TxDOT with the authority to determine final disposition of transportation
projects; provides for continuing coordination between TxDOT and TNRCC through
the construction period of a transportation project if needed; and provides
recommendations for the protection of natural resources under the jurisdiction
of TNRCC.
Subsection (f) contains provisions concerning additional provisions regarding
the exchange of information on air quality between TxDOT and TNRCC.
Subsection (g) contains provisions concerning additional provisions regarding
the exchange of information on water quality between TxDOT and TNRCC.
Subsection (h) includes a mechanism for the resolution of disputes between
TxDOT and TNRCC.
Subsection (i) provides for the review and revision of the MOU, no later
than January 1, 2007, and provides that TxDOT and TNRCC by rule will adopt
the MOU and all revisions to the MOU.
COMMENTS
No comments were received on the proposed repeals and new section.
COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW
This rulemaking action has been determined to be subject to the Coastal
Management Program (CMP) in accordance with the Coastal Coordination Act of
1991, as amended (Texas Natural Resources Code, §§33.201 et. seq.)
and the rules of the Coastal Coordination Council (31 TAC Chapters 501-506).
As required by 31 TAC §505.22(a), this rulemaking action must be consistent
with all applicable CMP policies.
This action has been reviewed for consistency, and it has been determined
that this rulemaking is consistent with the applicable CMP goals and policies.
The primary CMP policy applicable to this rulemaking action is the policy
that transportation projects be located at sites that, to the greatest extent
practicable, avoid and otherwise minimize the potential for adverse effects
to coastal natural resource areas from construction and maintenance of roads,
bridges, causeways, and other development associated with the project. This
rulemaking action provides a means for identifying the environmental impacts
of department transportation projects on natural resources, including air
and water resources, for coordination of these projects with the relevant
state resource agency, and for inclusion of these investigations and coordination
in the environmental documentation for each project. All of these purposes
will provide a mechanism for avoiding, minimizing, or compensating, where
practicable, for the adverse effects of department projects on coastal natural
resource areas that serve as habitat, on coastal preserves, and on threatened
and endangered species. For these same reasons, the rulemaking action is consistent
with the CMP goal of protecting, preserving, restoring, and enhancing the
diversity, quality, quantity, functions, and values of coastal natural resource
areas. Interested persons are requested to submit comments on the consistency
of the adopted rules with the CMP.
43 TAC §2.23, §2.25
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, Transportation Code, §201.607, which requires
that the department adopt memoranda of understanding with each agency that
has responsibility for the protection of the natural environment, the preservation
of the natural environment, or for the preservation of historic or archeological
resources, and that these memoranda and all revisions be adopted as rules.
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 1, 2002.
TRD-200201262
Richard D. Monroe
General Counsel
Texas Department of Transportation
Effective date: March 21, 2002
Proposal publication date: November 9, 2001
For further information, please call: (512) 463-8630
43 TAC §2.23
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, Transportation Code, §201.607, which requires
that the department adopt memoranda of understanding with each agency that
has responsibility for the protection of the natural environment, the preservation
of the natural environment, or for the preservation of historic or archeological
resources, and that these memoranda and all revisions be adopted as rules.
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 1, 2002.
TRD-200201263
Richard D. Monroe
General Counsel
Texas Department of Transportation
Effective date: March 21, 2002
Proposal publication date: November 9, 2001
For further information, please call: (512) 463-8630
Subchapter F. EMPLOYEE TRAINING AND EDUCATION
The Texas Department of Transportation adopts the repeal of §§4.60-4.64
and simultaneously adopts new §§4.60-4.63, concerning employee training
and education. The repeals and new sections are adopted without changes to
the proposed text as published in the December 28, 2001, issue of the
EXPLANATION OF ADOPTED REPEALS AND NEW SECTIONS
Government Code, §656.048, requires a state agency to adopt rules
relating to the eligibility of the state agency's administrators and employees
for training and education supported by the state agency and the obligations
assumed by the administrators and employees on receiving the training and
education.
The repeals and new sections are adopted for several reasons. First, the
rules are thoroughly revised to simplify the structure, clarify the meaning,
and shorten the length by eliminating unnecessary duplication. The result
is a set of rules that are both shorter and easier to use. Second, the revision
strengthens the training and education program to ensure that the department's
expenditures yield an appropriate return. Third, the degree program is divided
into two programs, a job-related degree program and a non-job-related degree
program, to facilitate administration.
Section 4.60 is based on former §4.60. There are no substantive changes.
Section 4.61 is based on former §4.61. Some definitions have been
added, and others have been deleted. The definitions of district, district
engineer, division director, employee, office director, part-time position,
professional development requirement, prospective duty assignment, regular
employee, and training have been eliminated. In each case, either the meaning
is clear from the context in which the term is used, or the term has been
eliminated from the rules.
Several new definitions have been added. Director is defined as the director
of the Human Resources Division. Employee's executive officer is defined as
an employee's district engineer, division director, or office director (or
that person's designee). Executive director has been defined to include a
designee. In each case, the reason for the new definition is for ease of reference.
In addition, institution has been defined to establish the kinds of schools
that an employee may attend. This establishes that employees may receive assistance
for attending only accredited colleges and universities and ensures that employees
will participate in programs of high quality. For the same reason, trade schools
will no longer be eligible.
Former §4.62 is eliminated because it provided no substantive guidance.
Section 4.62(a) is added to provide context and to clarify that in the
event of conflict, the program-specific rules in §4.63 will govern.
Section 4.62(b)(1) is based on former §4.63(b)(1)(A), (2)(A) and (3)(A).
Section 4.62(b)(2) is based on former §4.63(b)(1)(B), (2)(B) and (3)(B).
Section 4.63(b)(3) is based on former §4.63(b)(1)(D), (2)(F) and (3)(D).
There are no substantive changes.
Section 4.62(c)(1) is based on former §4.63(d). Employees are given
greater latitude in taking correspondence and internet courses if they are
offered by, in order of preference, Texas public institutions, Texas private
institutions, and other institutions. This will increase the availability
of eligible courses while providing opportunities for cost reductions.
Section 4.62(c)(2) is based on former §4.63(e). There are no substantive
changes.
Section 4.62(c)(3) is based on former §4.63(f)(2). Current policy
is clarified by adding that employees may use department equipment only during
non-duty hours and when use would not interfere with ordinary department business.
Section 4.62(c)(4) is based on former §4.62(d)(5)(B). There are no
substantive changes.
Section 4.62(d)(1) is based on former §4.64(a)(5). Section 4.62(d)(2)
is based on former §4.64(b). Section 4.62(d)(3) is based on former §4.63(c)(1)(C)
and (2)(B), and §4.64(c)(2). The new language clarifies that an employee's
executive officer is the person responsible for deciding to suspend an employee's
participation in an assistance program.
Section 4.62(e) is based on former §4.64(a)(2), (3) and (4). Section
4.62(f) is based on former §4.64(a)(2), (3) and (4); (c)(1)(D); and (d).
There are no substantive changes.
Section 4.62(g) is based on §4.64(c)(1) and (d)(9). The waiting period
required to reenter an assistance program after cancellation, in the absence
of hardship, is reduced from three years to two. This change is made because
the repayment provisions adequately protect the department from abuse of a
program by an employee.
Section 4.63(a) is based on former §4.63(a). It contains particular
standards applicable to degree programs and splits the degree programs into
two categories, the job-related degree program and the non-job-related degree
program. This division will facilitate administration of the degree programs.
Section 4.63(a)(1) contains standards that are applicable to both degree
programs. Section 4.63(a)(1)(a) is based on former §4.63(b)(1)(C), (E)
and (G). There are no substantive changes.
Section 4.63(a)(1)(B) is based on former §4.63(g). It now provides
that an employee's chosen elective may not be rejected if rejection would
extend the employee's time in the program.
Section 4.63(a)(1)(C) is based on former §4.63(c)(1). Section 4.63(a)(1)(D)
is based on former §4.63(c)(1)(B) and (f)(1). Section 4.63(a)(1)(E) is
based on former §4.64(d)(7) and (8). There are no substantive changes.
Section 4.63(a)(2) contains standards that are applicable only to the job-related
degree program. Section 4.63(a)(2)(A) is based on former §4.63(b)(1)(F)(i)
and (ii). Section 4.63(a)(2)(B) is based on former §4.64(a)(3). There
are no substantive changes.
Section 4.63(a)(3) contains standards that are applicable only to the non-job-related
degree program. Section 4.63(a)(3)(A) is based on former §4.63(b)(1)(F)(iii).
Section 4.63(a)(3)(B) is based on former §4.64(a)(3). There are no substantive
changes.
Section 4.63(b) is based on former §4.63(a). It contains particular
standards applicable to the full-time master's program.
Section 4.63(b)(1) is based on former §4.63(b)(2)(C), (D), (E), (G),
(H) and (I). Section 4.63(b)(2) is based on former §4.63(g). Section
4.63(b)(3) is based on former §4.63(c)(2). Section 4.63(b)(4) is based
on former §4.63(b)(2), (e)(5) and (f). Section 4.63(b)(5) is based on
former §4.64(1)(2). There are no substantive changes.
Section 4.63(b)(6) is based on former §4.64(d)(2), (7) and (8). Reduction
or elimination of repayment obligations will no longer be authorized for an
employee who leaves the department to work for another state agency. This
change is necessary to ensure that the department is not, in effect, using
its resources to train employees for the benefit of other agencies and not
the department.
Section 4.63(b)(7) is based on former §4.64(a)(1)(B). There are no
substantive changes.
Section 4.63(c) is based on former §4.63(a). It contains particular
standards applicable to the full-time degree completion program.
Section 4.63(c)(1) is based on former §4.63(b)(3)(C), (E), (F) and
(G). There are no substantive changes.
Section 4.63(c)(2) is based on former §4.63(g). It now provides that
an employee's chosen elective may not be rejected if rejection would extend
the employee's time in the program.
Section 4.63(c)(3) is based on former §4.63(c)(3). Previously, an
employee might be granted the ability to skip the summer semester if the employee
returned to work for the summer. This provision is generalized to apply to
any semester and to permit a combination of part-time work and part-time school,
as long as the combination is approved by the director of the Human Resources
Division.
Section 4.63(c)(4) is based on former §4.63(c)(3) and (f)(1). Section
4.63(c)(5) is based on former §4.64(a)(4). Section 4.63(c)(6) is based
on former §4.64(d)(2), (7) and (8). Section 4.63(c)(7) is based on former §4.64(c)(1)(C)(iii).
There are no substantive changes.
Section 4.63(d) is based on former §4.63(a). It contains particular
standards applicable to the non-degree program.
Section 4.63(d)(1) is based on former §4.63(b)(4). There are no substantive
changes. Section 4.63(d)(2) is added to state explicitly that there is no
service requirement under the non-degree program; this conforms to current
practice and was implicit in the former rules. Section 4.63(d)(3) is based
on former §4.64(d)(7) and (8). It now permits the executive director
to defer or extend repayment in the best interest of the department.
COMMENTS
No comments were received on the proposed repeals and new sections.
43 TAC §§4.60 - 4.64
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, §656.048 which requires state
agencies to adopt rules relating to the eligibility of the department's administrators
and employees for training and education supported by the state agencies and
the obligations assumed by the administrators and employees on receiving the
training and education.
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 1, 2002.
TRD-200201264
Richard D. Monroe
General Counsel
Texas Department of Transportation
Effective date: March 21, 2002
Proposal publication date: December 28, 2001
For further information, please call: (512) 463-8630
43 TAC §§4.60 - 4.63
STATUTORY AUTHORITY
The new sections 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, §656.048 which requires state
agencies to adopt rules relating to the eligibility of the department's administrators
and employees for training and education supported by the state agencies and
the obligations assumed by the administrators and employees on receiving the
training and education.
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 1, 2002.
TRD-200201265
Richard D. Monroe
General Counsel
Texas Department of Transportation
Effective date: March 21, 2002
Proposal publication date: December 28, 2001
For further information, please call: (512) 463-8630
The Texas Department of Transportation adopts amendments to §§17.1-17.3,
concerning motor vehicle certificates of title, and §§17.21, 17.22,
and 17.52, concerning motor vehicle registration. The amendments to §§17.1-17.3
and §17.22 are adopted without changes to the proposed text as published
in the December 28, 2001, issue of the
Texas Register
(26 TexReg 10820) and will not be republished. Section 17.21 is adopted
with changes to correct the numbering of the clauses under §17.21(23)(A).
Section 17.52 is adopted with changes to conform more closely to statutory
language.
EXPLANATION OF ADOPTED AMENDMENTS
House Bill 642, 77th Legislature, 2001, amended Transportation Code, Chapter
501, to eliminate the requirement that a "Duplicate Original" certificate
of title be issued and mailed to the recorded owner of a motor vehicle when
a lien is recorded on a certificate of title. Transportation Code, Chapter
501, was also amended by eliminating the term "Original" when referring to
the negotiable certificate of title; to allow use of a registration receipt
or title receipt to evidence title; and to allow the department to provide,
by rule, for issuance of a receipt for registration purposes only.
House Bill 2134, 77th Legislature, 2001, added Transportation Code §501.0276,
amended Transportation Code §502.009, and added Transportation Code §502.1535
and §548.3011, relating to vehicle emissions tests on resale in affected
counties.
House Bill 2217, 77th Legislature, 2001, added Transportation Code, §501.036,
to allow the issuance of a certificate of title for farm semitrailers with
a gross weight of more than 4,000 pounds that are registered in accordance
with Transportation Code, §502.276. Previously, farm semitrailers were
exempt from the Certificate of Title Act.
House Bill 2204, 77th Legislature, 2001, exempted electric bicycles from
the need to be registered.
House Bill 1378, 77th Legislature, 2001, exempted motorized mobility devices
from the need to be registered.
House Bill 2409, 76th Legislature, 1999, amended Transportation Code, §548.256,
to eliminate the requirement of an identification certificate before a vehicle
is titled and to create exceptions to the need for an identification certificate
before a vehicle is registered.
Senate Bill 432, 76th Legislature, 1999, permitted owners to specify registration
periods under some circumstances.
Throughout the affected sections, terms and cross-references have been
updated, grammar has been improved, and language has been simplified and clarified.
Section 17.1 is amended to update the citation to the Certificate of Title
Act and to remove unnecessary verbiage.
Existing §17.2(5) is amended to clarify that the bond release letter
requirements apply only to motor vehicles that are imported into the United
States.
Existing §17.2(22) is amended to delete the definition of importer.
This definition is not currently used in the rules.
Existing §17.2(32) is amended to clarify that motor vehicle importation
forms refer only to vehicles that are imported into the United States.
Existing §17.2(33) and (37) is amended to delete the definitions of
negotiable and non-negotiable titles. This distinction was eliminated by HB
642.
Section §17.3(a)(2)(D) is added and §17.3(a)(3)(B) and §17.3(a)(4)
are amended to conform the rules to HB 2217, which allowed certificates of
title to be issued to farm semitrailers with a gross weight of more than 4,000
pounds if they are registered in accordance with Transportation Code, §502.276.
Section 17.3(b)(4)(C) is amended by clarifying that applicants for a certificate
of title must provide proof of financial responsibility.
Existing §17.3(b)(4)(D) is amended to conform the rules to HB 2409,
76th Legislature, 1999.
Section 17.3(c)(3) is amended to clarify that it refers only to vehicles
imported into the United States.
Section 17.3(d) is amended throughout to conform the rules to HB 642, which
abolished non-negotiable or duplicate certificates of title.
Section 17.3(d)(1) is amended to eliminate the reference to an original
certificate of title.
Section 17.3(d)(2) is amended to permit a title application receipt to
be used as evidence of title, except for purposes of transferring an ownership
interest or establishing a lien. Because title and registration receipts are
always issued on receipt of an application, the explanations in §17.3(d)(2)(A)
and (B) are no longer necessary.
Existing §17.3(e)(4) is deleted because the information is clearly
set forth in Transportation Code, §501.134.
Existing §17.21(8) and (9) is deleted and is replaced by new §17.21(31)
and (47) to place the definitions in alphabetical order without inverting
the normal word order. The definitions are altered to conform more closely
to those contained in Transportation Code, §502.001.
New §17.21(17) is added to conform the rules to HB 2204 and to define
electric bicycle.
Existing §17.21(24) is revised to include former military vehicles
in the definition of exhibition vehicles, as specified in Transportation Code, §502.275.
New §17.21(32) is added to conform the rules to HB 1378 and to define
motorized mobility device.
Existing §17.21(34) is amended to delete the definition of official.
This definition is not currently used in the rules.
Section 17.21(35) is amended to conform the definition of owner more closely
to the definition contained in Transportation Code, §502.001.
Section 17.21(38) is amended to conform the rules to SB 432, 76th Legislature,
1999, by allowing registration periods of variable length.
Existing §17.21(49) is amended to conform the definition of tow truck
more closely to the definition contained in Transportation Code, §502.281.
Existing §17.21(52) is amended to conform the definition of vehicle
more closely to the definition contained in Transportation Code, §502.001.
New §17.22(b)(4) is added to conform the rules to HB 642 and to provide
criteria for initial registration when the applicant is not simultaneously
applying for a certificate of title. The necessary information is consistent
with the information ordinarily submitted in connection with a combined application
for title and registration. The new paragraph makes clear that a registration
receipt cannot be used to transfer ownership or create a lien.
Section 17.22(f)(2) is amended to conform the rules to HB 2409, 76th Legislature,
1999.
Existing §17.52(b)(3) and (4) is deleted and is replaced by new §17.52(1)
and (7) to conform more closely to the terminology used in HB 2134 and elsewhere
in the section.
Section 17.52(d) is added to conform the rules to HB 2134. It provides
that a vehicle is not eligible for a title receipt, a certificate of title,
or registration in an affected county unless proof is presented to the county
assessor-collector that the vehicle has passed the emissions test. An exemption
is provided for vehicles used fewer than 60 days in an affected county.
COMMENTS
The proposed rules contained an error in the numbering sequence under §17.21(23)(A).
On its own initiative the department is correcting the numbering sequence
in the final rules.
Written comments were received from the Texas Automobile Dealers Association
(TADA).
Comment: TADA stated that the proposed revisions did not accurately reflect
the scope of House Bill 2134. Therefore, TADA suggested changes to §17.52.
Response: The department has considered the comments and agrees that the
suggested changes better express the language and intent of the statute.
Comment: Regarding §17.52(a), TADA suggested that the words "subject
to Transportation Code, §548.3011" be inserted between "vehicle" and
"to." This change would better express which vehicles must be inspected under
the statute.
Response: The department agrees with the comment. Therefore, this subsection
has been revised accordingly.
Comment: Regarding §17.52(b)(1), TADA suggested that the wording of
the proposed definition of affected county be changed to the statutory wording
as added by House Bill 2134. This change would avoid the potential for confusion
arising from different definitions.
Response: The department agrees with the comment. Therefore, this subsection
has been revised accordingly.
Comment: Regarding §17.52(d), TADA suggested reference to the statutory
exemption of vehicles that are model year 1996 or newer with less than 50,000
miles. This would make the rule more complete and avoid potential confusion.
Response: The department agrees with the comment. Therefore, this subsection
has been revised accordingly.
Subchapter A. MOTOR VEHICLE CERTIFICATES OF TITLE
43 TAC §§17.1 - 17.3
STATUTORY AUTHORITY
The amendments 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, Transportation Code, Chapter 501, which authorizes
the department to carry out the provisions of those laws governing issuance
of motor vehicle certificates of title, and Transportation Code, Chapter 502
which authorizes the department to carry out the provisions of those laws
governing issuance of motor vehicle registration.
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 1, 2002.
TRD-200201266
Richard D. Monroe
General Counsel
Texas Department of Transportation
Effective date: March 21, 2002
Proposal publication date: December 28, 2001
For further information, please call: (512) 463-8630
43 TAC §§17.21, 17.22, 17.52
STATUTORY AUTHORITY
The amendments 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, Transportation Code, Chapter 501, which authorizes
the department to carry out the provisions of those laws governing issuance
of motor vehicle certificates of title, and Transportation Code, Chapter 502
which authorizes the department to carry out the provisions of those laws
governing issuance of motor vehicle registration.
§17.21.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Affidavit for alias exempt registration--A form prescribed
by the director that must be executed by an exempt law enforcement agency
to request the issuance of exempt registration in the name of an alias.
(2)
Agent--A duly authorized representative possessing legal
capacity to act for an individual or legal entity.
(3)
Alias--The name of a vehicle registrant reflected on the
registration, different than the name of the legal owner of the vehicle.
(4)
Alias exempt registration--Registration issued under an
alias to a specific vehicle to be used in covert criminal investigations by
a law enforcement agency.
(5)
Apportioned license plate--A license plate issued in lieu
of a truck license plate or combination license plate to a motor carrier in
this state who proportionally registers a vehicle owned by the carrier in
one or more other states.
(6)
Axle load--The total load transmitted to the road by all
wheels whose centers may be included between two parallel transverse vertical
planes 40 inches apart, extending across the full width of the vehicle.
(7)
Border commercial zone--A commercial zone established under
Title 49, C.F.R., Part 372 that is contiguous to the border with Mexico.
(8)
Carrying capacity--The maximum safe load that a commercial
vehicle may carry, in tons, as determined by the manufacturer.
(9)
Character--A numeric or alpha symbol displayed on a license
plate.
(10)
Combination license plate--A license plate issued for
a truck or truck tractor that has a manufacturer's rated carrying capacity
of more than one ton and is used or intended to be used in combination with
a semitrailer that has a gross weight of more than 6,000 pounds.
(11)
Commercial vehicle--Any vehicle (other than a motorcycle
or passenger car) designed or used primarily for the transportation of property,
including any passenger car that has been reconstructed so as to be used,
and that is being used, primarily for delivery purposes, with the exception
of passenger cars used in the delivery of the United States mail.
(12)
Conventional vehicle--A regular truck or regular trailer
that is eligible only for regular registration and that is primarily designed
to transport divisible loads, regardless of the vehicle's present use. Vehicles
that have been altered or reconstructed, or on which machinery has been mounted
or attached, permanently or otherwise, retain their conventional status.
(13)
County or city civil defense agency--An agency authorized
by a commissioner's court order or by a city ordinance to provide protective
measures and emergency relief activities in the event of hostile attack, sabotage,
or natural disaster.
(14)
Department--The Texas Department of Transportation.
(15)
Director--The director of the Vehicle Titles and Registration
Division, Texas Department of Transportation.
(16)
Disabled person--A person who has mobility problems that
substantially impair the person's ability to ambulate or who is legally blind.
(17)
Electric bicycle--A device that has two tandem wheels
and is designed to be propelled by an electric motor. An electric bicycle
cannot attain a speed of more than 20 miles per hour without the application
of human power and weighs 100 pounds or less.
(18)
Escrow account--A deposit of a specific amount of money
held by the department for security.
(19)
Evidence of financial responsibility--The original document
or photocopy of any one of the following items:
(A)
a liability insurance policy or liability self-insurance
or pool coverage document issued in at least the minimum amount required by
law;
(B)
a personal automobile insurance policy used as evidence
of financial responsibility, written for at least the term required by the
Insurance Code, Article 5.06;
(C)
a standard proof of liability form issued by a liability
insurer;
(D)
an insurance binder that confirms that the owner is in
compliance with the law;
(E)
a certificate issued by the Texas Department of Public
Safety that shows the vehicle is covered by self-insurance;
(F)
a certificate issued by the state treasurer that shows
that the owner has money or securities in an amount not less than $55,000
on deposit with the state treasurer;
(G)
a certificate issued by the Texas Department of Public
Safety that shows that the vehicle has a bond on file with that department,
that the bond is in the form and amount required by law, and that the bond
is guaranteed by at least two individual sureties each owning real estate
within this state;
(H)
a certificate issued by the county judge in the county
where the owner resides showing that the owner has cash or a cashier's check
in an amount not less than $55,000 on deposit with the county judge.
(20)
Executive administrator--The director of a federal agency,
the director of a Texas state agency, the sheriff of a Texas county, or the
chief of police of a Texas city that by law possesses the authority to conduct
covert criminal investigations.
(21)
Exempt agency--A governmental body exempted by statute
from paying registration fees when registering motor vehicles.
(22)
Exempt license plates--Specially designated license plates
issued to certain vehicles owned or controlled by exempt agencies.
(23)
Exhibition vehicle--
(A)
An assembled complete passenger car, truck, or motorcycle
that:
(i)
is a collector's item;
(ii)
is used exclusively for exhibitions, club activities,
parades, and other functions of public interest;
(iii)
does not carry advertising; and
(iv)
has a frame, body, and motor that is at least 25 years
old; or
(B)
A Former Military Vehicle as defined in Transportation
Code, §502.275.
(24)
Fire fighting equipment--Equipment mounted on fire fighting
vehicles used in the process of fighting fires, including, but not limited
to, ladders and hoses.
(25)
Gross weight--The sum of the empty weight of a commercial
vehicle (or vehicles, if operated in combination), combined with its maximum
carrying capacity, rounded up to the next 100 pounds.
(26)
Highway construction project--That section of the highway
between the warning signs giving notice of a construction area.
(27)
International symbol of access--The symbol adopted by
Rehabilitation International in 1969 at its Eleventh World Congress of Rehabilitation
of the Disabled.
(28)
Legally blind--Having not more than 20/200 visual acuity
in the better eye with correcting lenses, or visual acuity greater than 20/200
but with a limitation in the field of vision such that the widest diameter
of the visual field subtends an angle no greater than 20 degrees.
(29)
Light truck--As defined in Transportation Code, §541.201,
any truck with a manufacturer's rated carrying capacity not to exceed two
thousand pounds, including those trucks commonly known as pickup trucks, panel
delivery trucks, and carryall trucks.
(30)
Make--The trade name of the vehicle manufacturer.
(31)
Motor bus--A motor-propelled vehicle used to transport
persons on public highways for compensation, other than a street or suburban
bus.
(32)
Motorized mobility device--A device designed for transportation
of persons with physical disabilities that:
(A)
has three or more wheels;
(B)
is propelled by a battery-powered motor;
(C)
has not more than one forward gear; and
(D)
is not capable of speeds exceeding eight miles per hour.
(33)
Net carrying capacity--150 pounds multiplied by the seating
capacity as determined by the manufacturer's rated seating capacity, exclusive
of the driver's or operator's seat, or in the case of a vehicle that is not
rated by the manufacturer, as determined by an allowance of one passenger
for each sixteen inches, exclusive of the driver's or operator's seat.
(34)
Nonprofit organization--An unincorporated association
or society or a corporation that is incorporated or holds a certificate of
authority under the Texas Non-Profit Corporation Act, as amended (Texas Civil
Statutes, Article 1396-1.01 et seq.).
(35)
Owner--A person who holds the legal title to a vehicle,
has the legal right to possess a vehicle, or has the legal right to control
a vehicle.
(36)
Passenger car--In accordance with Transportation Code, §502.001,
any motor vehicle other than a motorcycle, golf cart, or a bus, designed or
used primarily for the transportation of persons.
(37)
Political subdivision--A county, municipality, local board,
or other body of this state having authority to provide a public service.
(38)
Registration period--A designated period during which
registration is valid. A registration period always begins on the first day
of a calendar month and ends on the last day of a calendar month.
(39)
Rental fleet--A fleet of five or more vehicles that are
owned by the same owner, offered for rent or rented without drivers, and designated
by the owner in the manner prescribed by the department as a rental fleet.
(40)
Rental trailer--A utility trailer that has a gross weight
of 4,000 pounds or less and is part of a rental fleet.
(41)
Road tractor--A vehicle designed for the purpose of mowing
the right of way of a public highway or a motor vehicle designed or used for
drawing another vehicle or a load and not constructed to carry:
(A)
an independent load; or
(B)
a part of the weight of the vehicle and load to be drawn.
(42)
Service agreement--A contractual agreement that allows
individuals or businesses to access the department's vehicle registration
records.
(43)
Special category license plate--A special design license
plate issued by the department under statutory authority.
(44)
Special category license plate fee--Statutorily or department
required fee payable on submission of an application for a special category
license plate, symbol, tab, or other device, and collected in addition to
statutory motor vehicle registration fees.
(45)
Special district--A political subdivision of the state
established to provide a single public service within a specific geographical
area.
(46)
Sponsoring entity--An institution, college, university,
sports team, or any other individual or group that desires to support a particular
special category license plate by coordinating the collection and submission
of the prescribed applications and associated license plate fees or deposits
for that particular license plate.
(47)
Street or suburban bus--A vehicle, other than a passenger
car, used to transport persons for compensation exclusively within the limits
of a municipality or a suburban addition to a municipality.
(48)
Tandem axle group--Two or more axles spaced 40 inches
or more apart from center to center having at least one common point of weight
suspension.
(49)
Token trailer --:
(A)
A semitrailer that has a gross weight of more than 6,000
pounds and is operated in combination with a truck; or
(B)
a truck tractor that has been issued an apportioned license
plate, a combination license plate, or a forestry vehicle license plate.
(50)
Tow truck--A motor vehicle equipped with a mechanical
device adapted or used to tow, winch, or otherwise move another motor vehicle.
(51)
Travel trailer--A house trailer-type vehicle or a camper
trailer that is less than eight feet in width or 40 feet in length, exclusive
of any hitch installed on the vehicle, and is designed primarily for use as
temporary living quarters in connection with recreational, camping, travel,
or seasonal use and not as a permanent dwelling.
(52)
Unconventional vehicle--A vehicle built entirely as machinery
from the ground up, that is permanently designed to perform a specific function,
and is not designed to transport property.
(53)
Vehicle--A device in or by which a person or property
is or may be transported or drawn on a public highway, other than a device
used exclusively on stationary rails or tracks.
(54)
Vehicle classification--The grouping of vehicles in categories
for the purpose of registration, based on design, carrying capacity, or use.
(55)
Vehicle description--Information regarding a specific
vehicle, including, but not limited to, the vehicle make, model year, body
style, and vehicle identification number.
(56)
Vehicle identification number--A number assigned by the
manufacturer of a motor vehicle or the department that describes the motor
vehicle for purposes of identification.
(57)
Vehicle inspection sticker--A sticker issued by the Texas
Department of Public Safety signifying that a vehicle has passed all applicable
safety and emissions tests.
(58)
Vehicle registration insignia--A license plate, symbol,
tab, or other device issued by the department evidencing that all applicable
fees have been paid for the current registration period and allowing the vehicle
to be operated on the public highways.
(59)
Vehicle registration record--Information contained in
the department's files that reflects, but is not limited to, the make, vehicle
identification number, model year, body style, license number, and the name
of the registered owner.
(60)
Volunteer fire department--An association that is organized
for the purpose of answering fire alarms, extinguishing fires, and providing
emergency medical services.
§17.52.Vehicle Emissions Enforcement System.
(a)
Purpose. Transportation Code, §502.009, requires the
department to implement a system requiring verification that a vehicle complies
with vehicle emissions inspection and maintenance programs as required by
the Health and Safety Code, §382.037 and §382.0372, and Transportation
Code, Chapter 548, Subchapter F. Transportation Code, §501.0276 and §502.1535,
requires a vehicle subject to Transportation Code §548.3011, to pass
an emissions test on resale in an affected county before it is titled or registered.
This section prescribes the department's policies and procedures if a vehicle
does not comply with the emissions standards set by federal and state laws
and the provisions of the Texas air quality State Implementation Plan.
(b)
Definitions. The following words and terms, when used in
this section, shall have the following meanings, unless the context clearly
indicates otherwise.
(1)
Affected County--A county with a motor vehicle emissions
inspection and maintenance program established under Transportation Code, §548.301.
(2)
Department--The Texas Department of Transportation.
(3)
DPS--The Texas Department of Public Safety.
(4)
TNRCC--The Texas Natural Resource Conservation Commission.
(5)
Vehicle--A self-propelled vehicle required to be registered
in the state, except those vehicles exempted by TNRCC.
(6)
Vehicle inspection report--A vehicle inspection form prescribed
by DPS that is printed by the vehicle exhaust gas analyzer immediately following
an emissions test.
(7)
Vehicle emissions I/M program--A vehicle emissions inspection
and maintenance program meeting all the requirements of the Environmental
Protection Agency.
(8)
Waiver--A form and certificate that allows a vehicle to
be considered in compliance with the vehicle emissions I/M program for a specified
period of time after a vehicle fails an emissions test.
(c)
Notice from DPS or TNRCC.
(1)
DPS, after notice to the vehicle owner, will notify the
department if a motor vehicle owner fails to comply with the requirements
of Transportation Code, Chapter 548, Subchapter F.
(2)
TNRCC, after notice to the vehicle owner, will notify the
department if a motor vehicle fails to comply with the requirements of Health
and Safety Code, §382.037 and §382.0372, and Transportation Code,
Chapter 548, Subchapter F.
(3)
The notice will include the vehicle identification number
and the license plate number of the affected vehicle.
(4)
If the department receives a notice of emissions noncompliance
from DPS or TNRCC, the department will place a notation on the motor vehicle
record that the motor vehicle has failed to comply with the vehicle emissions
I/M program.
(5)
If the department receives a notice emissions compliance
from DPS or TNRCC, the department will remove the non-compliance notation
from the motor vehicle record.
(6)
If a vehicle record contains a notation of failure to comply
with the vehicle emissions I/M program, the tax assessor-collector will deny
registration unless provided with:
(A)
proof of compliance with the vehicle emissions I/M program
with a "passing" vehicle inspection report; or
(B)
proof of a waiver issued by DPS that includes the vehicle
identification number and the license plate number.
(7)
DPS and TNRCC will provide the department with the notifications
in a format approved by the department.
(8)
DPS and TNRCC will enter into an agreement with TxDOT regarding
the remittance to the department for costs associated with implementation
of the emissions program.
(d)
Vehicles moved into affected counties. If a vehicle was
last titled in an unaffected county and is to be titled or registered in an
affected county, it is not eligible for a title receipt, a certificate of
title, or registration after a retail sale unless proof is presented to the
county tax assessor-collector that the vehicle has passed the emissions test.
This subsection does not apply to a vehicle that will be used in the affected
county for fewer than 60 days during the registration period for which registration
is sought or to a vehicle that is a 1996 or newer model and has less than
50,000 miles.
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 1, 2002.
TRD-200201267
Richard D. Monroe
General Counsel
Texas Department of Transportation
Effective date: March 21, 2002
Proposal publication date: December 28, 2001
For further information, please call: (512) 463-8630
Subchapter G. RELOCATION ASSISTANCE AND BENEFITS
43 TAC §§21.111 - 21.117
The Texas Department of Transportation adopts the repeal
of §§21.111-21.117 and simultaneously adopts new §§21.111-21.118,
concerning relocation assistance and benefits. The repeals and new sections
are adopted without changes to the proposed text as published in the December
28, 2001, issue of the
Texas Register
(26
TexReg 10834) and will not be republished.
EXPLANATION OF ADOPTED REPEALS AND NEW SECTIONS
The Texas Department of Transportation's relocation rules set forth the
eligibility requirements and procedures for providing relocation assistance
to individuals and businesses displaced by highway improvement projects.
The repeals and new sections are required due to changes in state and federal
law and regulations and recommendations for revised appeal procedures following
a joint process review conducted by the department and the Federal Highway
Administration (FHWA). Additional nonsubstantive changes are made to enhance
clarity and to improve grammar. The repeals and new sections will bring the
relocation assistance and benefits regulations up to date and into compliance
with current law and federal regulations, including the position designation
change of the former "state engineer-director" to that of "executive director".
COMMENTS
No comments were received on the proposed repeals and new sections.
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.
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 1, 2002.
TRD-200201268
Richard D. Monroe
General Counsel
Texas Department of Transportation
Effective date: March 21, 2002
Proposal publication date: December 28, 2001
For further information, please call: (512) 463-8630
43 TAC §§21.111 - 21.118
STATUTORY AUTHORITY
The new sections 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.
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 1, 2002.
TRD-200201269
Richard D. Monroe
General Counsel
Texas Department of Transportation
Effective date: March 21, 2002
Proposal publication date: December 28, 2001
For further information, please call: (512) 463-8630
Subchapter C. TEXAS HIGHWAYS MAGAZINE
43 TAC §23.29
The Texas Department of Transportation adopts new §23.29,
concerning magazine advertising. The new section is adopted with changes to
the proposed text as published in the December 28, 2001, issue of the
EXPLANATION OF NEW SECTION
Texas Civil Statutes, Article 6144e authorizes the department to publish
Subsection (a) describes the purpose of new §23.29.
Subsection (b) prescribes subjects acceptable for advertising in
Subsection (c) specifies those subjects that are not acceptable for advertising
in
Texas Highways
. The purpose of the magazine
is to encourage travel in Texas. Unacceptable advertising subjects include
out-of-state travel or tourism locations, destinations, facilities, and services
that do not augment Texas travel or tourism or that are not located on border
locations with ties to Texas. The magazine tells the Texas story and encourages
travel to Texas by promoting the positive attributes of the state. Accordingly,
subjects that may be perceived as negative by readers, such as alcoholic beverages,
tobacco products, and sexually oriented products and services are not acceptable
advertising subjects.
Subsection (d) prescribes policies and procedures for soliciting advertising
sales and accepting orders for advertising in
Texas
Highways
. The department will annually publish in the
Texas Register
an invitation to be included in a mailing list containing
those entities and individuals interested in advertising in
Texas Highways
and receiving advertising rate information. Subsection
(d) requires the department to calculate advertising rates and develop a rate
card for the magazine. The department will publish the advertising rate information
in various publications, including the
Texas Register
. The rate card will include information about advertising space and
positions, advertising rates, publication issue and closing dates, circulation
data, publisher's editorial profile, and other related information.
The department and/or its designated agent will send an announcement of
advertising opportunities and the rate card to those on the mailing list 30
days after the publication of that information in the
Texas Register
. Subsequent to that date, a rate card will also be sent
upon request to an entity or individual not on the mailing list. In order
to fairly allocate advertising space and positions, the department or its
designated agent will accept all insertion orders (orders for paid advertising)
received prior to the closing date on a first-come, first-served basis until
all advertising space for a particular publication is filled. However, in
order to make the most efficient use of advertising space, insertion orders
for an inside front cover spread and inside back cover spread will take precedence
over an inside front cover and inside back cover insertion order, notwithstanding
the date of receipt of the insertion order.
Subsection (e) prescribes conditions under which the department will not
accept advertising or will remove an advertiser.
Texas Highways
tells the Texas story to its readers around the world
and encourages travel to Texas by promoting the positive attributes of the
state. Accordingly, advertising that may be perceived as negative by readers,
such as that from an entity that discriminates against customers on the basis
of race, color, creed, religion, sex, or national origin, will not be accepted.
The department will also not accept advertising that is misleading or that
misrepresents the facts. The department may remove an advertiser based on
three or more valid consumer complaints concerning service or merchandise,
and will no longer accept orders from advertisers that have been removed.
COMMENTS
No public comments were received on the proposed new section. However,
in order to provide the department with the ability to send announcements
of advertising opportunities and advertising rate information through means
that may be less costly or more efficient than the U.S. postal system, the
word "mail or mailed" has been changed to "send" or "sent" in each instance
it appears in the new section. This allows the additional possibility of electronically
sending this information to potential advertisers along with traditional mailing
methods.
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 Texas Civil Statutes, Article 6144e, which authorizes the department to
publish
Texas Highways
and other travel literature
for the purpose of assisting and encouraging travel in Texas, and to include
certain paid advertising in travel literature.
§23.29.Magazine Advertising.
(a)
Purpose. Texas Civil Statutes, Article 6144e authorizes
the department to publish Texas Highways, the state's official travel magazine,
and other travel literature for the purpose of assisting and encouraging travel
in Texas. In furtherance of that purpose, the department may include certain
paid advertising in travel literature, provided that the quality and quantity
of the primary information content is not impaired. This section prescribes
department policies and procedures relating to the advertising content of
Texas Highways magazine.
(b)
Acceptable subjects. Subjects acceptable for advertising
in Texas Highways include:
(1)
Texas vacation, recreational, travel, or tourism-related
sites, facilities, destinations, accommodations, restaurants, events, equipment,
and services;
(2)
Texas shopping opportunities related to destinations, food
products, and Texas-related products;
(3)
pleasure-driving equipment, facilities, destinations, and
services;
(4)
camping, hiking, fishing, birding, boating, bicycling,
gardening, photography, wildlife viewing, astronomy, geology, and other outdoor
events, sites, equipment, facilities, and services;
(5)
public transportation modes, products, facilities, and
services; and
(6)
other sites, products, equipment, facilities, and services
that are travel related or Texas based, and that are determined by the department
to be of cultural, educational, historical, or recreational interest to Texas
Highways readers.
(c)
Unacceptable subjects. Advertising subjects not acceptable
in Texas Highways include:
(1)
out-of-state travel-tourism locations, destinations, facilities,
and services that do not augment Texas travel or tourism or that are not located
on border locations with ties to Texas;
(2)
alcoholic beverages;
(3)
tobacco products; and
(4)
sexually-oriented products and services.
(d)
Advertising sales and solicitations.
(1)
Mailing list. Any entity or individual interested in advertising
in Texas Highways magazine will be included in the department's mailing list
upon request. The department will annually publish in the Texas Register an
invitation to be added to the mailing list and to receive advertising rate
information.
(2)
Publication of advertiser information. The department will
calculate advertising rates and develop a rate card for Texas Highways magazine.
The department will publish the information on a continuous basis in the Standard
Rate and Data Service, Consumer Magazine and Agri-Media Source. The department
will also publish the advertising rate information annually in the Texas Register.
(3)
Contents of the rate card. The rate card will include information
about:
(A)
advertising space and positions;
(B)
advertising rates;
(C)
publication issue and closing dates;
(D)
circulation data;
(E)
publisher's editorial profile; and
(F)
other related information.
(4)
Procedure for selling advertising.
(A)
The department and/or its designated agent will send an
announcement of advertising opportunities and the rate card to those on the
mailing list 30 days after publication in the Texas Register.
(B)
The department or its designated agent will subsequently
send a rate card upon request to an entity or individual not on the mailing
list.
(C)
The department or its designated agent will accept all
insertion orders (orders for paid advertising) received prior to the closing
date on a first-come, first-served basis until all advertising space for a
particular publication is filled. All insertion orders will be stamped with
the date as they are received. Insertion orders for an inside front cover
spread and inside back cover spread will take precedence over an inside front
cover and inside back cover insertion order, notwithstanding the date of receipt
of the insertion order.
(D)
Reminders of advertising space deadlines and rates may
be sent to those on the mailing list at the discretion of the department if
advertising space remains available prior to space closing deadline.
(e)
Restrictions.
(1)
The department will not accept advertising it considers
to be misleading or a misrepresentation of facts.
(2)
The department will not accept advertising from an entity
that discriminates against customers on the basis of race, color, creed, religion,
sex, or national origin.
(3)
The director may remove an advertiser based on the department's
receipt of three or more consumer complaints concerning service or merchandise.
The department will send a written notice of noncompliance to the advertiser.
If the director determines the complaints are valid and they remain unresolved
after 180 days, the director will remove the advertiser from Texas Highways
magazine, and will no longer accept insertion orders from that advertiser.
An advertiser may appeal the removal to the department's executive director,
whose decision will be final.
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 1, 2002.
TRD-200201270
Richard D. Monroe
General Counsel
Texas Department of Transportation
Effective date: March 21, 2002
Proposal publication date: December 28, 2001
For further information, please call: (512) 463-8630
Chapter 50.
MANAGEMENT
The Texas Department of Transportation adopts the repeal of Chapter
50, concerning management of the Texas Turnpike Authority Division of the
Texas Department of Transportation. This adopted repeal includes §50.1
and §50.2, General Provisions; §§50.3-50.30, Governance of
the Authority; §50.32 and §50.33, Public Meetings and Public Access; §§50.41-50.45,
Employment Practices; §§50.50-50.54, Indemnification; and §§50.60-50.62,
Public Records, Complaint Procedures, and Debt Collection. The repeals are
adopted without changes to the proposed text as published in the December
28, 2001, issue of the
Texas Register
(26
TexReg 10839) and will not be republished.
EXPLANATION OF ADOPTED REPEALS
Senate Bill 342, 77th Legislature, 2001, abolished the Board of Directors
(board) of the Texas Turnpike Authority Division (TTA) of the Texas Department
of Transportation (department), subject to the approval by the voters of Senate
Joint Resolution 16. The voters approved SJR 16 on November 6, 2001. Senate
Bill 342 further provided that rules of the board continue in effect as rules
of the Texas Transportation Commission (commission)
The commission promulgates rules governing the operations of the department,
codified in Title 43, Part 1 (Chapters 1-31). The board was responsible for
promulgating rules governing the operations of TTA, codified in Title 43,
Part 2 (Chapters 50-54). With the abolishment of the board, TTA will be more
completely consolidated with the department, and the commission will be responsible
for promulgating rules governing the operations of TTA.
The rules contained in Chapter 50 are no longer necessary due to the abolishment
of the board and, more specifically, the following reasons.
Subchapter A, General Provisions, will not be necessary due to the repeal
of the entire chapter.
The provisions of §§50.3-50.26, 50.28-50.30, and 50.32 all govern
the operations of the now abolished board.
The provisions of §§50.27 and 50.28 govern the staff of the TTA.
This subject will now be governed by §1.2 and other department policies
and procedures.
Section 50.33 concerns public access to information and auxiliary aids.
This subject will now be governed by §1.5, concerning department public
hearings, and other applicable department policies.
Subchapter D concerns employment practices. TTA employees will be governed
by Chapter 4, Employment Practices, and the department's Human Resources Manual.
The provisions of Subchapter E, Indemnification, are not necessary due
to provisions of state law and department policy.
Subchapter F concerns public records, complaint procedures, and debt collection.
These subjects will be governed by: Chapter 3, Subchapter A, Access to Official
Records; Chapter 3, Subchapter B, Complaint Resolution; and §5.10, Collection
of Debts.
COMMENTS
No comments were received on the proposed repeals.
Subchapter A. GENERAL PROVISIONS
43 TAC §50.1, §50.2
STATUTORY AUTHORITY
The repeal 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
Transportation Code, §361.042, which requires the commission to adopt
rules for the regulation of its affairs and the conduct of its business under
Transportation Code, Chapter 361.
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 1, 2002.
TRD-200201271
Richard D. Monroe
General Counsel
Texas Turnpike Authority Division of the Texas Department of Transportation
Effective date: March 21, 2002
Proposal publication date: December 28, 2001
For further information, please call: (512) 463-8630
43 TAC §§50.3 - 50.30
STATUTORY AUTHORITY
The repeal 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
Transportation Code, §361.042, which requires the commission to adopt
rules for the regulation of its affairs and the conduct of its business under
Transportation Code, Chapter 361.
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 1, 2002.
TRD-200201272
Richard D. Monroe
General Counsel
Texas Turnpike Authority Division of the Texas Department of Transportation
Effective date: March 21, 2002
Proposal publication date: December 28, 2001
For further information, please call: (512) 463-8630
43 TAC §50.32, §50.33
STATUTORY AUTHORITY
The repeal 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
Transportation Code, §361.042, which requires the commission to adopt
rules for the regulation of its affairs and the conduct of its business under
Transportation Code, Chapter 361.
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 1, 2002.
TRD-200201273
Richard D. Monroe
General Counsel
Texas Turnpike Authority Division of the Texas Department of Transportation
Effective date: March 21, 2002
Proposal publication date: December 28, 2001
For further information, please call: (512) 463-8630
43 TAC §§50.41 - 50.45
STATUTORY AUTHORITY
The repeal 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
Transportation Code, §361.042, which requires the commission to adopt
rules for the regulation of its affairs and the conduct of its business under
Transportation Code, Chapter 361.
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 1, 2002.
TRD-200201274
Richard D. Monroe
General Counsel
Texas Turnpike Authority Division of the Texas Department of Transportation
Effective date: March 21, 2002
Proposal publication date: December 28, 2001
For further information, please call: (512) 463-8630
43 TAC §§50.50 - 50.54
STATUTORY AUTHORITY
The repeal 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
Transportation Code, §361.042, which requires the commission to adopt
rules for the regulation of its affairs and the conduct of its business under
Transportation Code, Chapter 361.
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 1, 2002.
TRD-200201275
Richard D. Monroe
General Counsel
Texas Turnpike Authority Division of the Texas Department of Transportation
Effective date: March 21, 2002
Proposal publication date: December 28, 2001
For further information, please call: (512) 463-8630
43 TAC §§50.60 - 50.62
STATUTORY AUTHORITY
The repeal 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
Transportation Code, §361.042, which requires the commission to adopt
rules for the regulation of its affairs and the conduct of its business under
Transportation Code, Chapter 361.
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 1, 2002.
TRD-200201276
Richard D. Monroe
General Counsel
Texas Turnpike Authority Division of the Texas Department of Transportation
Effective date: March 21, 2002
Proposal publication date: December 28, 2001
For further information, please call: (512) 463-8630
The Texas Department of Transportation adopts the repeal of §§53.60-53.71,
concerning disadvantaged business enterprise/historically underutilized business
procedures, and §§53.90-53.94, concerning contract workforce. The
repeals are adopted without changes to the proposed text as published in the
December 28, 2001, issue of the
Texas Register
(26 TexReg 10842) and will not be republished.
EXPLANATION OF ADOPTED REPEALS
Senate Bill 342, 77th Legislature, 2001, abolished the Board of Directors
(board) of the Texas Turnpike Authority Division (TTA) of the Texas Department
of Transportation (department), subject to approval by the voters of Senate
Joint Resolution 16. The voters approved SJR 16 on November 6, 2001. Senate
Bill 342 further provided that rules of the board continue in effect as rules
of the Texas Transportation Commission (commission).
The commission promulgates rules governing the operations of the department,
codified in Title 43, Part 1 (Chapters 1-31). The TTA board of directors was
responsible for promulgating rules governing the operations of TTA, codified
in Title 43, Part 2 (Chapters 50-54). With the abolishment of the board, TTA
will be more completely consolidated with the department, and the commission
will be responsible for promulgating rules governing the operations of TTA.
Sections 53.60-53.71 established policies and procedures to implement TTA's
Disadvantaged Business Enterprise (DBE) and Historically Underutilized Business
(HUB) programs. With the abolishment of the board, these rules are no longer
needed since the department has comprehensive DBE and HUB program rules found
in §§9.50-9.57.
Sections 53.90-53.94 described the analyses required prior to TTA procuring
and utilizing contract workforce. These rules will no longer be necessary
since existing department contract workforce policies will be applicable to
all department divisions using contract workforce.
COMMENTS
No comments were received on the proposed repeals.
Subchapter D. DBE/HUB PROGRAM
Chapter 4.
EMPLOYMENT PRACTICES
Chapter 17.
VEHICLE TITLES AND REGISTRATION
Subchapter B. MOTOR VEHICLE REGISTRATION
Chapter 21.
RIGHT OF WAY
Chapter 23.
TRAVEL INFORMATION
Part 2.
TEXAS TURNPIKE AUTHORITY DIVISION OF THE TEXAS DEPARTMENT OF TRANSPORTATION
Subchapter B. GOVERNANCE OF THE AUTHORITY
Subchapter C. PUBLIC MEETINGS AND PUBLIC ACCESS
Subchapter D. EMPLOYMENT PRACTICES
Subchapter E. INDEMNIFICATION
Subchapter F. PUBLIC RECORDS, COMPLAINT PROCEDURES AND DEBT COLLECTION
Chapter 53.
CONTRACTING AND PROCUREMENT PROCEDURES