Part 1.
TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 1.
MANAGEMENT
Subchapter G. DONATIONS
43 TAC §1.506
The Texas Department of Transportation proposes new §1.506,
concerning private participation in highway construction projects.
EXPLANATION OF PROPOSED NEW SECTION
Transportation Code, §201.206, authorizes the department to accept,
from any source, a donation or contribution in any form, including realty,
personalty, money, materials, or services. The commission has previously adopted
rules governing the acceptance of donations. The rules are codified as 43
TAC §§1.500-1.505.
The department has previously discouraged private participation in highway
construction projects because of concerns over the ability to monitor and
control private participation. This rule permits private participation under
specified conditions that will protect the public. Private participation will
be allowed through the donation of money or tangible goods. A donation of
real property will continue to be processed under the existing rules.
New §1.506 allows private participation in highway construction projects
in a manner that is designed to permit the greatest degree of flexibility
that is consistent with protecting the public interest. Private participation
may take a variety of forms and may be structured in any manner, as long as
it is governed by a formal donation agreement that contains certain terms.
Subsections (a), (b), and (c) of new §1.506 clarify that the department
may allow private participation if the private entity executes a donation
agreement and if private participation would be in the interest of the traveling
public. This ensures that any private participation will be clearly defined
and will be in the general interest.
Subsection (d) sets out mandatory provisions in donation agreements governing
private participation in construction projects. These provisions are in addition
to those in other donation agreements. They include provisions to ensure that
the department can effectively implement the donation agreement, provisions
to protect the department and the public from later efforts by a private entity
to alter its participation, and provisions governing the implementation of
the agreement, the handling of funds, and work on the project.
FISCAL NOTE
James Bass, Director, Finance Division, has determined that for each of
the first five-years 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.
Jennifer Soldano, Director, Contract Services Office, 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
Ms. Soldano 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 to encourage private-public partnerships
that will marshal additional resources for highway projects. There will be
no adverse economic effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed new section may be submitted to Jennifer
Soldano, Director, Contract Services Office, 125 East 11th Street, Austin,
Texas 78701-2483. The deadline for receipt of comments is 5:00 p.m. on April
15, 2002.
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.
No statutes, articles, or codes are affected by the proposed new section.
§1.506.Private Participation in Highway Construction Projects.
(a)
A private entity may participate in a department highway
construction project through a gift of money or tangible goods.
(b)
The department may accept private participation in a department
highway construction project only if it determines that the private participation
will serve the interest of the traveling public.
(c)
A gift governed by this section must meet all the requirements
of this subchapter, including, when required, commission approval and the
execution of a donation agreement.
(d)
In addition to the requirements of §1.504 of this
subchapter, a donation agreement governed by this section shall include the
following provisions.
(1)
Funding arrangement. The agreement shall specify the portion
of construction costs, as defined in §15.56 of this title (relating to
Local Financing of Highway Improvement Projects on the State Highway System),
to be paid by each party.
(2)
Indirect Costs. For service projects, as defined in §15.56
of this title, the private entity shall be responsible for all indirect costs,
as identified by the department.
(3)
Interest. The department will not pay interest on funds
provided by the private entity. Funds provided by the private entity will
be deposited and retained in the state treasury.
(4)
Conditions. The agreement shall establish any conditions
on the donation, including the method and timing of the donation. If the donation
is a gift of money, full payment must be received before the department incurs
any costs for the project.
(5)
Responsibilities of the parties. The agreement shall identify
the responsibilities of each party.
(6)
Design and construction.
(A)
All aspects of the project shall be carried out in compliance
with applicable federal and state laws and regulations.
(B)
The project shall be designed in accordance with the latest
department policies, procedures, standards, and guidelines.
(C)
The department shall award and manage all construction
work.
(7)
Termination. If the private entity withdraws from the project
after the agreement is executed, it shall be responsible for all direct and
indirect project costs incurred by the department for the portion of the project
in which the private entity was participating.
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 March 1, 2002.
TRD-200201259
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: April 14, 2002
For further information, please call: (512) 463-8630
Subchapter B. JOB APPLICATION PROCEDURES
43 TAC §4.13, §4.14
The Texas Department of Transportation proposes amendments
to §4.13 and §4.14, concerning job application procedures.
EXPLANATION OF PROPOSED AMENDMENTS
Sections 4.10-4.16 prescribe the procedures for notifying potential applicants
of vacant positions within the department, making applications for employment,
and obtaining a veteran's employment preference. This rulemaking proposes
various revisions to §4.13 and §4.14 of these rules.
Transportation Code, §201.403, requires the department to open all
positions compensated at or above the amount prescribed by the General Appropriations
Act for step 1, salary group 21, of the position classification salary schedule
to applicants from inside and outside the department. Section 4.13 implemented
that statutory requirement by providing that the department will notify its
employees and the public of vacant positions by distributing notices of vacancies
in salary groups 21 and above, and all jobs for which the public will be considered,
with the Texas Employment Commission. To be consistent with the current legislatively
established position classifications, the rule is amended to strike the reference
to group "21" and substitute "B13." A B13 salary group is the equivalent of
the former group 21. The reference to the Texas Employment Commission is also
updated to refer to the Texas Workforce Commission.
Current §4.14 provides that applications must be received no later
than 5:00 p.m. on the closing day, or postmarked no later than the day before
the closing day. This provision is revised to provide that applications may
be postmarked on or before the closing day. This revision is intended to eliminate
apparent public confusion with the current language.
Current §4.14 also provides that the department will only accept applications
by facsimile from out-of-state applicants. This sentence is deleted and a
new subsection is added to allow applicants to submit applications electronically.
An applicant who is invited to an interview must verify the submission and
sign a hard copy of the application before the interview. This revision is
intended to make the department's job application process more user-friendly
while protecting the department from fraud.
FISCAL NOTE
James Bass, Director, Finance Division, has determined that for each of
the first five years 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.
Diana Isabel, Director, Human Resources Division 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
Ms. Isabel 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 clearer and more user-friendly
job application procedures. There will be no adverse economic effect on small
businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed amendments may be submitted to Diana Isabel,
Director, Human Resources Division, 125 East 11th Street, Austin, Texas 78701-2483.
The deadline for receipt of comments is 5:00 p.m. on April 15, 2002.
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 the proposed amendments.
§4.13.Notification.
The department shall notify its employees and the public of vacant
positions by:
(1)
distributing job vacancy information statewide to each
department area, district, and division office;
(2)
distributing notices of vacancies in salary groups
B13
[
(3)
publishing vacancy information as appropriate in newspapers
and recognized minority publications of general circulation in the state.
§4.14.Application.
(a)
An applicant applying in response to a job vacancy notice
shall:
(1)
carefully review the job vacancy notice relative to the
qualifications described; and
(2)
submit a completed department application form and such
other information as may be required by the department that responds specifically
to the qualifications and location criteria described in the job vacancy notice,
including information or documentation regarding minimum qualifications and
applicant knowledge, skills, and abilities as they pertain to the requirements
of the job.
(b)
An application will not be accepted if the applicant will
not be 17 years of age or older upon date of hire.
(c)
Applications must be received no later than 5:00 p.m. on
the closing day, or postmarked
on or
[
(d)
An applicant may submit an
application electronically. An applicant who is invited to interview must
verify the submission and sign a hard copy of the application before the interview.
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 March 1, 2002.
TRD-200201260
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: April 14, 2002
For further information, please call: (512) 463-8630
Subchapter L. ABANDONMENT OF RAIL LINE BY RURAL RAIL TRANSPORTATION DISTRICT
Chapter 4.
EMPLOYMENT PRACTICES
21
] and above, and all jobs for which the public will
be considered, with the Texas
Workforce
[
Employment
]
Commission; and
no later than the day
] before the closing day. [
The department will only accept applications
by facsimile from out-of-state applicants.
]
Chapter 15.
TRANSPORTATION PLANNING AND PROGRAMMING