Part 1.
TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 4.
EMPLOYMENT PRACTICES
Subchapter E. SICK LEAVE POOL PROGRAM
43 TAC §4.51, §4.56
The Texas Department of Transportation (department) proposes
amendments to §4.51 and §4.56, concerning definitions and withdrawals
under the department's Sick Leave Pool Program.
EXPLANATION OF PROPOSED AMENDMENTS
Government Code, Chapter 661, directs the department's executive director
to develop and implement a sick leave pool program. The proposed amendments
make clerical changes, update existing language, and revise existing definitions.
These changes improve the readability of the department's sick leave pool
program rules, increase the responsiveness of the program, make program rules
more compatible with existing department policies, and more specifically tailor
the program to ensure that leave is available to those dealing with a catastrophic
illness or injury.
Section 4.51(4) is amended to expand the definition of "discipline" to
include the full range of disciplinary actions available under the department's
Human Resources Manual. Section 4.51(8) is amended to update the name of the
Texas Department of Family and Protective Services. Section 4.51(12) is amended
to revise the definition of "severe physical condition" to change from 10
to 12 the number of continuous weeks an employee will likely be off work.
These definitional changes allow the department to clarify the department's
compliance with Government Code, §661.001, coordinate sick leave pool
policy with existing human resources policies, and more precisely target those
illnesses or injuries for which employees may apply for sick leave pool hours.
Section 4.56(a)(1) is amended to provide that employees may only seek to
withdraw time from the sick leave pool when they or their family members have
a catastrophic illness or injury and that illness or injury is the reason
why the employee must be away from work. Existing versions of this rule imply
the requirement that the leave request be connected to the illness or injury
and this revision clarifies the department's compliance with Government Code, §661.005.
Section 4.56(a)(2)(A) is amended to add the requirement that the medical
certification describing a catastrophic illness or injury of an employee's
family member must include the type of assistance the employee will need to
provide the ill family member. This change allows the department to better
administer the program by matching an employee's need for sick leave pool
time with the circumstances of the family member's illness or injury. This
change is consistent with the requirement in Government Code, §661.004,
that sick leave pool time be granted to employees "because of" a catastrophic
illness or injury.
Section 4.56(a)(15) is amended to remove language regarding the circumstances
in which a recertification of a medical condition may be necessary. The amendment
allows the pool administrator to request a recertification on a monthly basis,
if necessary. This amendment is authorized by Government Code, §661.002.
FISCAL NOTE
James Bass, Director, Finance Division, has determined that for each of
the first five years the amendments as proposed 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 amendments as proposed.
Diana L. 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 of the first five years the
amendments are in effect, the public benefit anticipated as a result of enforcing
or administering the amendments will be improved administration of the program.
There will be no adverse economic effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed amendments may be submitted to Diana L.
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 August
9, 2004.
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 department,
and more specifically, Government Code, §661.002(c) which provides that
the governing body of a state agency shall adopt rules and prescribe procedures
relating to the operation of the agency sick leave pool.
CROSS REFERENCE TO STATUTE: Government Code, Chapter 661, Subchapter A.
§4.51.Definitions.
The following words and terms, when used in the sections under this
subchapter, shall have the following meanings, unless the context clearly
indicates otherwise.
(1) - (3)
(No change.)
(4)
Discipline--Written reprimand, probation, [
(5) - (7)
(No change.)
(8)
Immediate family--Individuals related by kinship, adoption,
or marriage who are living in the same household, foster children living in
the same household and certified by the Texas Department of
Family and
Protective [
(9) - (11)
(No change.)
(12)
Severe physical condition--A physical illness or injury
that will likely result in death or causes the employee to be off work for
12
[
(13)
(No change.)
(14)
Sick leave--Leave taken when sickness, injury, or pregnancy
and confinement prevent the employee's performance of duty or when the employee
is needed to care and assist a member of his
or her
immediate family
who is actually ill.
(15) - (16)
(No change.)
§4.56.Withdrawals.
(a)
Restrictions.
(1)
An employee or an employee's immediate family must have
a catastrophic illness or injury to be eligible to withdraw from the pool.
The patient's health care provider must certify in writing that the illness
or injury of the employee or member of the employee's immediate family is
catastrophic
and that the catastrophic illness is the reason the employee
needs to be out of work
.
(2)
A written certification from a health care provider must
be submitted with all requests for withdrawals. Requests related to severe
psychological conditions must be certified by a licensed psychiatrist. The
certification:
(A)
shall include:
(i)
(No change.)
(ii)
the date the employee or employee's immediate family member
will be able to return to [
(iii)
the amount of time the employee will be needed to provide
primary care if the certification is for the employee's immediate family member;
and
(iv)
if the certification is for the employee's
immediate family member, the specific type of care the employee needs to provide;
(B) - (C)
(No change.)
(3) - (7)
(No change.)
(8)
The time transferred will begin on the date and time the
employee exhausted all sick leave or, in cases
that
[
(9) - (12)
(No change.)
(13)
An employee who is injured on the job, who is entitled
to receive
workers'
[
(14)
(No change.)
(15)
The pool administrator may require the patient's condition
to be recertified by a health care provider on a monthly basis [
(16) - (17)
(No change.)
(b)
Procedures.
(1) - (3)
(No change.)
(4)
If the pool administrator questions the validity of the
certification completed by the employee's health care provider, based on the
average expected duration or severity of the condition, the administrator
may request a health care provider, contracted by the department, to review
the patient's medical records. The contracted health care provider may consult
with the patient's health care provider if more information is needed. If
the determination of the contracted health care provider differs from the
patient's health care provider,
the request may be denied. If necessary,
the pool administrator may request that the patient's medical records
be reviewed by a third health care provider who is not under contract with
the department. The pool administrator and the employee must agree on the
third health care provider. The determination of the third health care provider
is binding. The department will pay for both reviews. If the employee fails
to cooperate with the medical records review, the pool administrator may deny
the request.
(5) - (9)
(No change.)
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 June 25, 2004.
TRD-200404228
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 463-8630
Subchapter A. LAND ACQUISITION PROCEDURES
43 TAC §21.16
The Texas Department of Transportation (department) proposes
new §21.16, concerning the use of options to purchase for advance acquisition
of real property.
EXPLANATION OF PROPOSED NEW SECTION
Transportation Code, Chapter 202, Subchapter F, and Chapter 227, Subchapter
D, authorize the Texas Transportation Commission (commission) to purchase
options to acquire property for possible use in or in connection with any
transportation facility, including but not limited to the Trans-Texas Corridor.
The option may be purchased before a final decision has been made as to whether
the transportation facility will be located on that property. The statutes
were adopted by the 78th Legislature and became effective on September 1,
2003. The commission is proposing the adoption of §21.16 to establish
a procedure for the implementation and administration of the legislation.
Section 21.16 outlines the requirements for executing option contracts.
Specifically, §21.16(a) provides for a two-step process. In the first
step, the commission must authorize the expenditure of option fees and execution
of option contracts for a specific transportation facility project or corridor.
This satisfies the statutory requirement of commission approval. Rather than
require review and approval of each individual contract, the commission can
authorize broad use of options for identifiable projects. The second step
requires the district engineer to analyze the particular property and terms
of a proposed contract in relation to needs and conditions of the specific
transportation facility. The district engineer must find that the property
may possibly be used in connection with the previously authorized transportation
facility. This satisfies a statutory requirement. In addition, the district
engineer must determine that the size and location of the property is reasonably
related to the facility's possible design and alignment, and that the terms
of the contract may be economically beneficial to the department by fulfilling
at least one of the four listed benefits. These additional requirements seek
to provide justification for the terms of each option contract by the person
in a district who has the most complete overview and control of the project.
Because option contracts will typically contain a clause restricting development, §21.16(b)
limits the primary period for an option contract to a maximum of 7 years in
order to satisfy the statutory limitation on the acquisition of development
rights set out in Transportation Code, §203.051(a)(2)(B). To provide
flexibility for longer term arrangements, however, this subsection permits
negotiation of one or more extensions which will require additional payment
to the property owner.
Section 21.16(c) grants to the department the flexibility to negotiate
the payment of a one-time option fee to be paid to the property owner at the
time the contract is executed, or the payment of periodic amounts during the
term of the contract, or a combination of both. Depending on the length of
the option period, it may be more cost efficient for the department to set
up annual payments so the department only pays for the number of years it
actually has a need to tie up the property.
FISCAL NOTE
James Bass, Director, Finance Division, has determined that for each of
the first five years the new section as proposed 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 new section as proposed.
John P. Campbell, P.E., Director, Right of Way 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. Campbell has also determined that for each of the first five years
the new section is in effect, the public benefit anticipated as a result of
enforcing or administering the new section will be to further the department's
mission to provide an efficient, timely, cost effective and fair process of
acquiring real property needed for development of transportation facilities.
There will be no adverse economic effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed new section may be submitted to John P.
Campbell, P.E., Director, Right of Way Division, 125 East 11th Street, Austin,
Texas 78701-2483. The deadline for receipt of comments is 5:00 p.m. on August
9, 2004.
STATUTORY AUTHORITY: The new section is proposed under Transportation
Code, §201.101, which provides the commission with the authority to establish
rules for the conduct of the work of the department, and more specifically, §227.002,
which provides the commission with the authority to adopt rules as necessary
or convenient to implement and administer Chapter 227 governing the Trans-Texas
Corridor.
CROSS REFERENCE TO STATUTE: Transportation Code, Chapter 227.
§21.16.Use of Options to Purchase for Advance Acquisition of Real Property.
(a)
The department may execute an option contract for the acquisition
of right of way and control of development rights if the Texas Transportation
Commission has authorized the expenditure of option fees for a transportation
facility project or corridor and the district engineer determines that:
(1)
the property to be optioned is or may possibly be used
in or in connection with the transportation facility;
(2)
the size and location of the property to be optioned is
reasonably related to the possible future design and alignment of the transportation
facility; and
(3)
the terms of the option contract may be economically beneficial
to the department by:
(A)
establishing the purchase price at current market value
as of the date of the option contract;
(B)
establishing a methodology for determining a purchase price
at the time the option is exercised to avoid the necessity for condemnation;
(C)
restricting development or improvements that would substantially
increase the purchase price; or
(D)
reducing the time required for the acquisition of the property.
(b)
An option contract shall be for a primary period of not
more than 7 years, but may be subject to one or more extensions beyond the
primary term.
(c)
An option fee to be paid to the property owner may be:
(1)
a one-time fee paid at the time the option contract is
executed;
(2)
in the form of periodic payments; or
(3)
a combination of paragraphs (1) and (2) of this subsection.
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 June 25, 2004.
TRD-200404229
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 463-8630
Subchapter G. SPECIFIC INFORMATION LOGO SIGN PROGRAM
The Texas Department of Transportation (department) proposes amendments
to §§25.400 - 25.402 and §§25.404 - 25.406, the repeal
of §25.403, and simultaneously proposes new §25.403, concerning
the Specific Information Logo Sign Program.
EXPLANATION OF PROPOSED AMENDMENTS, REPEAL, AND NEW SECTION
House Bill 2905 and House Bill 3330, 78th Legislature, Regular Session,
2003, require certain contracting provisions relating to the required percentage
of program fees returned to the department and best value contracting for
the department's logo sign program. House Bill 3330 requires remittance to
the department of at least 10% of the fees collected by the contractor. House
Bill 2905 provides for the scoring of proposals based, in part, on the percentage
of returned fees offered. House Bill 1831, authorizes dual logos to be added
to the information sign program.
The amendments to §25.400 update the statutory cite to Transportation
Code, §391.091, and replace the phrase "undesignated head" with "subchapter."
The definition of specific information logo sign is updated to use the term
"sign" instead of "sign panel."
The definition of "dual logo" is added to §25.401 pursuant to House
Bill 1831. A dual logo is a panel on a specific information logo sign containing
the names of either two food establishments in a shared space under common
ownership, or a gas and food establishment in a shared space under common
ownership.
The amendments to relettered §25.402(l) and (o) update the statutory
citations to Transportation Code, Chapter 391, and Government Code, Chapter
2253.
The amendments to subsection (e) remove the existing requirement regarding
sign erection in the first year of the program. Since the program has been
in existence since 1992, this requirement is no longer needed. The new text
in this subsection requires the logo contractor to contact existing participating
businesses within the first three months of a contract with the department.
This will ensure that the contractor is working with participating businesses,
the businesses know who to contact in case any issues arise related to the
program, and that any rental renewal issues are handled in a timely manner.
New subsection (h) is added to require the program contractor to provide
an electronic inventory to the department of participating businesses and
sign locations. This provision is added to ensure that the department has
a full and accurate inventory regarding the sign program operating on the
state highway system.
Existing subsections (h) - (r) are relettered to reflect the addition of
new subsection (h). The subsections are also updated for improved readability
and clarity.
Amendments to relettered subsection (n) remove the mandatory set percentage
that the contractor must remit to the department for installation, annual
rental, covering and replacement sign fees. Under House Bill 2905 and House
Bill 3330, the department may accept a best value bid that is higher than
the current 5.0% fee. The mandatory set amounts for business logo/major shopping
area guide sign installation, annual rental, covering, and replacement fees
have been removed so the state may accept the contract with the best value.
Amendments to relettered subsection (r) clarify that the contractor will
only be paid for the depreciated value of the information logo signs if the
department terminates the contract before the contract's termination date
for reasons other than default of the contractor.
The evaluation provisions of repealed §25.403 are moved to §25.404.
The remainder of repealed §25.403 is reenacted in new §25.403, Notice
and Proposal Submission, provides that the department will publish a notice
of intent to award an information logo sign program contract along with proposal
requirements. The new section describes proposal submittal requirements including
delivery, page limits, team qualifications, the contractor's capability, the
contractor's internal policies and procedures related to work quality, cost
control, resources, a demonstration of the contractor's understanding of the
project, the contractor's approach, a description of internal methods for
schedule control, the locations for the work, an audited financial statement,
supporting documentation, and the best value for the state. Pursuant to House
Bill 2905, the best value for the state consists of the proposed percentage
returned to the department from fees collected from program participants for
installation, annual rental, covering, and replacement. The best value also
includes the proposed amount for the fees that will be charged to a participant
in the program. A business that has a dual logo will pay a fee that is 175%
of the standard fee for a single logo. This will help ensure that businesses
that seek a dual logo receive a price reduction from the standard costs associated
with the rental of two separate logos. The department also seeks to set the
rental fee for a dual logo at a rate that is similar to that of a single logo
so as not to unduly encourage the use of dual logos. Dual logos are not as
visible to motorists as a traditional single logo panel.
In accordance with House Bill 3330, the minimum percentage that a contractor
may propose for return to the department is 10%.
The amendments to §25.404 relate to the evaluation of the proposals.
There is no longer a prequalification requirement. The department will not
consider a proposal that fails to comply with the notice, specifies an installation
fee that is less than 5.0% or greater than 25% of the business logo annual
rental fee, specifies that the ramp business logo annual rental fee is less
than 5.0% or greater than 15% of the business logo annual rental fee, specifies
a major shopping area guide sign annual rental fee that is less than two times
or greater than six times the business logo annual rental fee, or specifies
that the major shopping area ramp sign annual rental fee is less than one-half
or greater than 150% of the business logo annual rental fee.
These minimum ranges are to ensure that the fee for a logo sign rental
is set at a minimum price that will encourage long-term businesses to participate
in the program and discourage constant turnover within the program. The upper
end of the range is established to ensure that the program contractor recoups
its initial investment to install the sign over a period of several years
thus encouraging the contractor to maintain the signs at an appropriate level.
The amendment also states that the department will not consider a proposal
that fails to guarantee a return to the department of at least 10% of the
rental fees collected from program participants in accordance with House Bill
3330.
The department will determine the best value to the state by evaluating
the contractor's proposed team and time commitment, capability for undertaking
and performing the work, quality of services offered, financial resources,
ability to perform the work, understanding of the project, approach, ability
to meet the schedule, ability to fulfill any other criteria listed in the
notice, proposed percentage returned to the department from fees collected
from program participants, and proposed amount for the rental and installation
fees that will be charged to participate in the program in accordance with
House Bill 2905.
The proposals will be evaluated by a panel of department employees appointed
by the director of the Traffic Operations Division. The Texas Transportation
Commission (commission) may accept or reject the recommended award.
The amendments to §25.405 allow dual logos. A business requesting
a dual logo will pay a fee that is 175% of the standard fee for a single logo.
No more than two dual logos may be installed per logo sign, and if demand
for space on a logo sign exceeds the available number of spaces, businesses
requesting a dual logo must follow the same random drawing process that is
used for panels that are not dual logos.
The amendments to §25.405 do not permit a variance to be requested
for a waiver of restrictions regarding dual logos. It is important to adhere
to the requirements for dual logos to avoid detracting from overall sign visibility.
FISCAL NOTE
James Bass, Director, Finance Division, has determined that for each of
the first five years the amendments, repeal, and new section, as proposed,
are in effect, there will be positive fiscal implications for the state as
a result of enforcing or administering the amendments, repeal, and new section,
because the percentage of program fees returned to the department from the
program contractor will increase. Although the total positive impact cannot
be determined until the percentage of program fees that are returned to the
department is set during the next program contract, the department estimates
the increase will be approximately $164,000 in additional annual funding for
the department. There will be no impact on local governments. There are no
anticipated economic costs for persons required to comply with the proposal.
Carlos Lopez, P.E., Director, Traffic Operations 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, repeal, and new
section.
PUBLIC BENEFIT
Mr. Lopez has also determined that for each of the first five years the
amendments, repeal, and new section are in effect, the public benefit anticipated
as a result of enforcing or administering the amendments, repeal, and new
section will be a more efficient operation of the Specific Information Logo
Sign Program. The percentage of program fees returned will increase for the
state as certain business establishments may obtain dual logos and the state
is provided greater flexibility in the contracting process. There will be
no adverse economic effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed amendments, repeal, and new section may
be submitted to Carlos Lopez, P.E., Director, Traffic Operations Division,
125 East 11th Street, Austin, Texas 78701-2483. The deadline for receipt of
comments is 5:00 p.m. on August 9, 2004.
43 TAC §§25.400 - 25.402, 25.404 - 25.406
STATUTORY AUTHORITY: The amendments are proposed under Transportation
Code, §201.101, which provides the commission with the authority to establish
rules for the conduct of the work of the department and more specifically,
Transportation Code, §391.092, which provides the commission with the
authority to establish rules regarding the Specific Information Logo Sign
Program.
CROSS REFERENCE TO STATUTE: Transportation Code, §§391.091 et
seq.
§25.400.Purpose.
Transportation Code, §391.091, requires
[
§25.401.Definitions.
The following words and terms, when used in the sections under this
subchapter, shall have the following meanings, unless the context clearly
indicates otherwise.
(1) - (7)
(No change.)
(8)
Dual logo--A panel on a specific information
logo sign containing the names of either:
(A)
two food establishments in a shared space under common
ownership; or
(B)
a gas and food establishment in a shared space under common
ownership.
(9)
[
(A)
is located outside an urbanized area with a population
of 50,000 or more[
(B)
is a controlled-access highway located inside an urbanized
area with a population of 50,000 or more.
(10)
[
(11)
[
(12)
[
(13)
[
(14)
[
(15)
[
(16)
[
(17)
[
(18)
[
(19)
[
(20)
[
(21)
[
(22)
[
(23)
[
(24)
[
(25)
[
§25.402.Information Logo Sign Program.
(a) - (d)
(No change.)
(e)
Contacting participating businesses. In
the first three months of a contract between the department and the contractor,
the contractor shall contact all participating businesses with logo panels
to:
(1)
notify the businesses of the new contract between the department
and the contractor; and
(2)
coordinate whether the participating businesses will renew
if space is available.
[(e)
Sign erection in first year. In the first
year of the contract between the department and contractor, the contractor
shall erect information logo signs and business logos at a minimum of 40%
of the interchanges where participation agreements have been completed between
the commercial establishments or the retail shopping mall and the contractor.
Information logo signs and business logos shall be erected within two years
of the execution date of an agreement between the commercial establishments
or the retail shopping mall and the contractor pursuant to §25.407 of
this title (relating to Program Operation).]
(f) - (g)
(No change.)
(h)
Program information.
(1)
The contractor shall furnish an electronic inventory to
the department in a format of the department's choice. This inventory shall
include, but not be limited to:
(A)
a list of all businesses participating in the program;
(B)
information on all participating businesses including addresses,
key contacts, and phone numbers;
(C)
location information for each specific information logo
sign including:
(i)
roadway;
(ii)
exit number;
(iii)
direction; and
(D)
date of expiration of the contract between each participating
business and the program contractor.
(2)
The inventory shall be updated and provided to the department
on a monthly basis.
(i)
[
(j)
[
(k)
[
(l)
[
(1)
remove the business logos and ramp business logos of the
affected commercial establishments;
(2)
remove the information logo signs and ramp signs; and
(3)
reimburse advance rental fees paid by commercial establishments
or retail shopping malls prorated as per the date of removal of the business
logos or major shopping area guide signs.
(m)
[
(n)
[
[
[(A)
Business logo installation fee. A one-time
fee in the amount specified in the contractor's bid proposal under §25.404
of this title (relating to Contract Award Procedures) for the installation
of the commercial establishment's business logo and, if necessary, ramp business
logo.]
[(B)
Business logo annual rental fee. An annual
fee for each business logo and for each ramp business logo (for ramp signs)
in the respective amounts specified in the contractor's bid proposal under §25.404
of this title (relating to Contract Award Procedures).]
[(C)
Business logo covering fee. A total fee
of $100 for covering a business logo and the ramp business logo and a total
fee of $100 for uncovering a business logo and the ramp business logo pursuant
to §25.407 of this title (relating to Program Operation).]
[(D)
Business logo replacement fee. A $100
fee for each business logo and ramp business logo replaced at the request
of the commercial establishment.]
[(E)
Major shopping area guide sign annual
rental fee. An annual fee for major shopping area sign and ramp sign in the
respective amounts specified in the contractor's bid proposal under §25.404
of this title (relating to Contract Award Procedures).]
[(F)
Major shopping area guide sign installation
fee. A one-time fee of $1,000 for initial installation of each major shopping
area guide sign pursuant to §25.407 of this title (relating to Program
Operation).]
[(G)
Major shopping area guide sign covering
fee. A total fee of $500 for covering the major shopping area guide sign and
the ramp sign and a total fee of $500 for uncovering the major shopping area
guide signs and the ramp signs pursuant to §25.407 of this title (relating
to Program Operation).]
(1)
[
(A)
the business or ramp business logo(s), or the major shopping
area guide sign has not been erected; or
(B)
a previously erected business, ramp business logo, or major
shopping area guide sign is obscured from view of the motorists for a period
of time exceeding 10 consecutive calendar days.
(2)
[
(o)
[
(p)
[
(1)
procure all permits and licenses;
(2)
pay all charges, fees, and taxes; [
(3)
give all notices necessary and incidental to
the due and lawful prosecution of the work
; and
[
(4)
furnish the department with evidence of compliance
with the permit, license, and tax requirements
upon request
.
(q)
[
(1)
consistent with generally accepted accounting
principles, maintain all books, documents,
papers
[
(2)
furnish the department, its designee,
or the state auditor such documents, records, and information for examination
upon request.
(r)
[
(1)
If the contractor terminates the contract or defaults prior
to the conclusion date of any five-year term, ownership of the contract rights
and any rights in the information logo signs constructed at the various interchanges
and intersections shall immediately pass to and vest in the department on
the effective date of termination, and the contractor shall not be entitled
to any compensation.
(2)
If the department terminates the contract
, before
the contract's termination date,
for reasons other than default of the
contractor, the contractor will be paid for [
(s)
[
§25.404. Evaluation [
(a)
Ineligible proposal.
[
[
[(1)
To be considered for award of a contract
under this section, a contractor must file with the director of traffic operations
a sealed bid proposal in a form prescribed by the department. Submission of
the bid proposal must comply with the location, date, and time requirements
of the notice. The bids shall be opened at a public hearing conducted by the
director of traffic operations. All bidders may attend and all bids shall
be opened in their presence.]
[(2)
The bid amount will be the total of the
specific information logo sign installation fee plus, five times the sum of
the annual rental fees for one business logo sign space and one ramp business
logo sign per direction of travel, added to one-tenth of the sum of the major
shopping area guide sign and major shopping area ramp sign rental fees. Expressed
as a formula in the following Figure 1.]
[Figure 1: 43 TAC §25.404(b)(2)]
[
(1)
[
(2)
[
(3)
[
(4)
[
(5)
[
(6)
fails to guarantee a fee to be paid to
the department of at least 10% of the rental fees collected from program participants.
(b)
Evaluation. The department will determine
the best value to the state by evaluating the contractor's:
(1)
proposed team and the time commitment for each team member;
(2)
capability for undertaking and performing the work;
(3)
understanding of the project;
(4)
quality of services offered;
(5)
financial resources and ability to perform the work;
(6)
approach or course of action to meeting the goals and objectives;
(7)
ability to meet the schedule;
(8)
ability to fulfill any other criteria listed in the notice;
(9)
proposed percentage to be paid to the department from fees
collected from program participants; and
(10)
proposed amount for the rental and installation fees that
will be charged to participants in the program.
(c)
Award of contract.
(1)
All [
(2)
The department will notify the contractor by certified
mail of the award of a information logo sign program contract within
10
[
(3)
The contract shall be in a form prescribed by the department
and shall, at a minimum, include all terms and conditions prescribed
under this subchapter
[
§25.405.Specifications for Information Logo Signs.
(a)
Specific information logo signs.
(1)
(No change.)
(2)
Content. A specific information logo sign shall contain:
(A) - (B)
(No change.)
(C)
no more than six business logos on one sign panel; [
(D)
no more than three types of services on a sign panel
(
[
(E)
no more than two dual logos.
(3) - (4)
(No change.)
(b)
Business logos.
(1)
(No change.)
(2)
Content. A business logo may:
(A)
(No change.)
(B)
contain supplemental information, limited to the word "DIESEL"
on a gas logo
or "PROPANE" on a camping logo,
or the words "24
HOURS" on a gas or a food logo, the words "DIESEL"
, "PROPANE",
and
"24 HOURS" not to exceed six inches in height;
(C) - (D)
(No change.)
(c)
(No change.)
(d)
Dual logos.
(1)
An establishment may have two names displayed on a single
logo sign panel if the establishment consists of:
(A)
two food outlets in a shared space under common ownership;
or
(B)
gas and food outlets in a shared space under common ownership.
(2)
A business requesting a dual logo will pay a fee that is
175% of the standard fee for a single logo.
(3)
No more than two dual logos may be installed per logo sign.
(4)
Dual logos may not be installed on a specific information
logo sign unless all available spaces for the "FOOD" or "GAS" specific service
categories are full.
(5)
If demand for space on a logo sign exceeds the
available number of spaces, businesses requesting a dual logo must follow
the same random drawing process as described in §25.407 of this subchapter.
(e)
[
(1)
Design. A major shopping area sign shall:
(A)
have a green background with a white reflective legend
and border;
(B)
meet the applicable provisions of the Texas MUTCD;
(C)
have background, legend, and border material which conforms
with department specifications for reflective sheeting;
(D)
not be illuminated externally or internally; and
(E)
be fabricated, erected, and maintained in conformance with
department specifications and fabrication details.
(2)
Content. A major shopping area guide sign shall:
(A)
contain the name of the major shopping area as it is commonly
known to the public; and
(B)
contain the exit number or, if exit numbers are not applicable,
other directional information.
(3)
Placement. Subject to approval of the department, a major
shopping area guide sign shall be installed or placed:
(A)
independently mounted, or if approved by the department,
attached to existing guide signs;
(B)
to take advantage of natural terrain;
(C)
to have the least impact on the scenic environment;
(D)
to avoid visual conflict with other signs within the highway
right-of-way;
(E)
with a lateral offset equal to or greater than existing
guide signs;
(F)
for both directions of travel on the eligible urban highway;
(G)
without blocking motorists' visibility of existing traffic
control and guide signs; and
(H)
in locations that are not overhead unless approved by the
department.
(4)
Existing signs. Existing regulatory, warning, destination,
guide, recreation, and cultural interest signs will not be removed; provided,
however, that subject to the written approval of the department, such existing
signs may be relocated by special permission of the department at the sole
expense and responsibility of the contractor and only to the extent necessary
to accommodate major shopping area guide signs.
(f)
[
(1)
Design. A major shopping area ramp sign shall:
(A)
have a green background with a white reflective legend
and border;
(B)
meet the applicable provisions of the Texas MUTCD;
(C)
have background, legend, and border material which conforms
with department specifications for reflective sheeting;
(D)
be fabricated, erected, and maintained in conformance with
department specifications and fabrication details; and
(E)
not be illuminated internally or externally.
(2)
Content. A ramp sign shall contain:
(A)
the name of the major shopping area as it is commonly known
to the public; and
(B)
directional arrows and distances.
(3)
Placement. Subject to approval of the department, the major
shopping area ramp sign(s) may be placed along an exit ramp or access road,
or at an intersection of an access road and crossroad if the retail shopping
mall driveway access, buildings, or parking areas are not visible from that
exit ramp, access road, or intersection.
§25.406.Commercial Establishment Eligibility.
(a) - (c)
(No change.)
(d)
Variances.
(1)
(No change.)
(2)
A variance may be requested for a waiver of:
(A) - (C)
(No change.)
(D)
type of highway, except the highway must be on the state
highway system and at or near a grade-separated intersection
;
[
(3)
Variances may not be requested for restrictions
regarding dual logos.
(4)
[
(A)
which requirement of the program it does not meet; and
(B)
the variance requested.
(5)
[
(A)
traffic studies;
(B)
maps indicating ramps, major arterials, ingress and egress
points, existing signs and distances;
(C)
traffic flow analysis including traffic counts to and from
the commercial establishment or major shopping area;
(D)
crash data and analysis; and
(E)
detailed site plan of the commercial establishment or major
shopping area, including but not limited to parking available, driveways,
and location in reference to eligible highway or eligible urban highway.
(6)
[
(A)
the variance will substantially promote traffic safety;
(B)
the variance will substantially improve traffic flow;
(C)
an overpass, highway sign or other highway structure unduly
obstructs the visibility of an existing commercial sign; or
(D)
the variance is necessary to substantially improve the
efficiency and effectiveness of communicating information needed by people
to safely and efficiently use the transportation system.
(7)
[
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 June 25, 2004.
TRD-200404230
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 463-8630
43 TAC §25.403
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Department of Transportation or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
STATUTORY AUTHORITY: The repeal is proposed under
Transportation Code, §201.101, which provides the commission with the
authority to establish rules for the conduct of the work of the department
and more specifically, Transportation Code, §391.092, which provides
the commission with the authority to establish rules regarding the Specific
Information Logo Sign Program.
CROSS REFERENCE TO STATUTE: Transportation Code, §§391.091 et
seq.
§25.403.Prequalification.
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 June 25, 2004.
TRD-200404231
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 463-8630
43 TAC §25.403
STATUTORY AUTHORITY: The new section is proposed under Transportation
Code, §201.101, which provides the commission with the authority to establish
rules for the conduct of the work of the department and more specifically,
Transportation Code, §391.092, which provides the commission with the
authority to establish rules regarding the Specific Information Logo Sign
Program.
CROSS REFERENCE TO STATUTE: Transportation Code, §§391.091 et
seq.
§25.403.Notice and Proposal Submission.
(a)
Notice. The department will publish a notice of intent
to award an information logo sign program contract in industry related publications
and the
Texas Register
at least 45 calendar
days prior to contractor selection. The notice shall include proposal requirements
for potential contractors.
(b)
Eligibility. A contractor must submit a sealed proposal
to the director of the Traffic Operations Division, by mail or overnight delivery
in compliance with the location, date, and time requirements of the notice.
(c)
Contents. The proposal shall contain:
(1)
the identity of key individuals, including subcontractors,
who are proposed to be part of the contractor's project team together with
their respective qualifications and experience on similar or related projects,
the expected amount of involvement, and the time commitment for each individual
and subcontractor;
(2)
description of the contractor's:
(A)
capability for undertaking and performing the work, including
the types and locations of similar work performed in the last three years
that best characterize the quality and cost control of the contractor as well
as the names, addresses, and phone numbers of knowledgeable individuals who
can be contacted; and
(B)
internal policies and procedures related to work quality,
cost control, and resources, including management and organization capabilities
currently available for performing the work;
(3)
a demonstration of the contractor's understanding of the
project, based on information available from the department, site visits by
the contractor, and knowledge of applicable regulations or requirements;
(4)
a realistic, clear, and concise approach or course of action
to meet the goals and objectives of the project that identifies potential
impacts, impediments, or conflicts;
(5)
a description of internal methods for schedule control,
including current references that confirm the contractor's ability for the
timely completion of project work;
(6)
the location or locations where the work will be accomplished
by the contractor and any subcontractor, the identities of those who will
be involved at each work location for the major work elements on the project,
the location of the business offices, and the location where the signs will
be fabricated;
(7)
an audited financial statement dated no later than the
fiscal year immediately preceding the date of the proposal;
(8)
supporting documentation such as graphs, charts, photos,
resumes, and references; and
(9)
the best value for the state which shall include:
(A)
the proposed rate of return to the department from fees
collected from program participants for the business logo/major shopping area
guide sign installation fee, annual rental fee, area guide sign covering fee,
and area guide sign replacement fee (The minimum rate of return that a contractor
may propose for return to the department is 10%); and
(B)
the proposed amount for the rental and installation fees
that will be charged to a participant in the program (A business that has
a dual logo will pay a fee that is 175% of the standard fee for a single logo).
(d)
Page limits. The entire proposal should not exceed 25 pages.
A page is defined as an 8.5 by 11 inch or 11 by 17 inch sheet containing text,
pictures, graphs, charts, plan sheets, or any other graphics. Not more than
five 11 by 17 inch sheets may be used in conjunction with pictures, graphs,
charts, plans, and other graphics. If 11 by 17 inch sheets contain text only,
they will be counted as two pages.
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 June 25, 2004.
TRD-200404232
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 463-8630
The Texas Department of Transportation (department) proposes amendments
to §25.702, the repeal of §25.703 and §25.704, and simultaneously
proposes new §25.703 and §25.704, concerning the Major Agricultural
Interest Sign Program.
EXPLANATION OF PROPOSED AMENDMENTS, REPEALS, AND NEW SECTIONS
House Bill 2905 and House Bill 3330, 78th Legislature, Regular Session,
2003, require certain contracting provisions relating to required rate of
return and best value contracting for the department's Major Agricultural
Interest Sign Program. House Bill 3330 requires remittance to the department
of 10% of the fees collected by the contractor. House Bill 2905 provides for
the scoring of proposals based, in part, on the percentage of fees offered.
The amendments to §25.702 removes the requirement that a contract
must be awarded to the lowest bidder and also requires the contractor to contact
businesses that are or have in the past participated in the program.
The amendments to subsection (e) remove the existing requirement regarding
sign erection in the first year of the program. Since the program has been
in existence since 1998, this requirement is no longer needed. The new text
in this subsection requires the logo contractor to contact existing participating
businesses within the first three months of a contract with the department.
This will ensure that the contractor is working with participating businesses,
the businesses know who to contact in case any issues arise in the program,
and that any rental renewal issues are handled in a timely manner.
Amendments to subsection (m) remove the mandatory set percentage of fees
that the contractor must remit to the department for installation, annual
rental, covering, and replacement sign fees. Under House Bill 2905 and House
Bill 3330, the department may accept a best value bid that is higher than
the current 5.0% fee. The mandatory set amounts for sign installation, annual
rental, covering, and replacement sign fees have been removed in order that
the state may accept the contract with the best value. Amendments to subsection
(q) clarify that the contractor will only be paid for a portion of the fair
market value of the signs if the department terminates the contract before
the contract's termination date for reasons other than default of the contractor.
The evaluation provisions of repealed §25.703 are moved to new §25.704.
New §25.703, Notice and Proposal Submission, provides that the department
will publish a notice of intent to award a major agricultural sign program
contract and the proposal requirements. The new section describes proposal
submittal requirements including delivery, page limits, team qualifications,
the contractor's capability, the contractor's internal policies and procedures
work quality/cost control/resources, a demonstration of the contractor's understanding
of the project, the contractor's approach, a description of internal methods
for schedule control, the locations for the work, an audited financial statement,
supporting documentation, and the best value for the state. Pursuant to House
Bill 2905, the best value for the state consists of the proposed rate of return
to the department from fees collected from program participants for installation,
annual rental, covering, and replacement. The best value also includes the
proposed amount for the fees that will be charged to a participant in the
program.
New §25.704 relates to the evaluation of the proposals. The prequalification
requirement in former §25.704 is repealed. The department will not consider
a proposal that fails to comply with the notice, specifies an installation
fee that is less than 5.0% or greater than 25% of the annual rental fee. The
minimum range is to ensure that the fee for sign rental is set at a minimum
price that will encourage long-term businesses to participate in the program
and discourage constant turnover within the program. The upper end of the
range is established to ensure that the program contractor recoups its initial
investment to install the sign over a period of several years, thus encouraging
the contractor to maintain the signs at an appropriate level.
New §25.704 also states that the department will not consider a proposal
that fails to guarantee a return to the department of 10% of the rental fees
collected from program participants as required under House Bill 3330.
The department will determine the best value to the state by evaluating
the contractor's proposed team and time commitment, capability for undertaking
and performing the work, understanding of the project, quality of services
offered, financial resources, approach, ability to meet the schedule, ability
to fulfill any other criteria listed in the notice, proposed rate of return
to the department from fees collected from program participants, and proposed
amount for the rental and installation fees that will be charged to participate
in the program in accordance with House Bill 2905. The proposals will be evaluated
by a panel of department employees. The Texas Transportation Commission (commission)
may reject or accept the recommended award.
FISCAL NOTE
James Bass, Director, Finance Division, has determined that for each of
the first five years the amendments, repeals, and new sections as proposed
are in effect there will be positive fiscal implications for the state as
a result of enforcing or administering the amendments, repeals, and new sections.
This positive impact will result from increasing the state's rate of return
from the program contractor from 5.0% to 10%. The amount of increased revenue
that will be provided to the state is estimated to be approximately $500 annually.
There will be no fiscal impact to local governments. There are no anticipated
economic costs for persons required to comply with the sections as proposed.
Carlos Lopez, P.E., Director, Traffic Operations 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, repeals, and new
sections.
PUBLIC BENEFIT
Mr. Lopez has also determined that for each of the first five years the
sections are in effect, the public benefit anticipated as a result of enforcing
or administering the amendments, repeals, and new sections will be a more
efficient operation of the Major Agricultural Interest Sign Program. The rate
of return will increase for the state as it increases and as the state is
provided greater flexibility in the contracting process. There will be no
adverse economic effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed amendments, repeals, and new sections
may be submitted to Carlos Lopez, P.E., Director, Traffic Operations Division,
125 East 11th Street, Austin, Texas 78701-2483. The deadline for receipt of
comments is 5:00 p.m. on August 9, 2004.
43 TAC §25.702
STATUTORY AUTHORITY: These amendments are proposed under Transportation
Code, §201.101, which provides the commission with the authority to establish
rules for the conduct of the work of the department and more specifically,
Transportation Code, §391.092, which provides the commission with the
authority to establish rules regarding the Major Agricultural Interest Sign
Program, and Transportation Code, §391.097 which requires the commission
to regulate the content, composition, placement, erection, and maintenance
of major agricultural interest signs and supports on an eligible rural highway
right-of-way, and adopt rules necessary to enforce and implement that section.
CROSS REFERENCE TO STATUTE: Transportation Code, §391.091.
§25.702.Program.
(a)
Award. The department may award a contract or contracts
[
(b)
Marketing. In marketing the sign program, the contractor
shall:
(1)
advertise the sign program in local papers and post notices
at appropriate locations at the county seats; [
(2)
send letters explaining the program to potential eligible
major agricultural interests who request information
; and
(3)
contact prior businesses that are participating
or have participated in the program.
(c)
Site plans. Prior to construction of a sign at an approved
location, the contractor must submit a site plan to the department. Upon approval
of the site plan, the contractor may begin work at the location described.
(d)
As-built plans. The contractor shall submit as-built plans
to the department within 45 calendar days upon completion of the installation
of a sign.
(e)
Contacting participating businesses. In the first
three months of a contract between the department and contractor, the contractor
shall contact all participating businesses with logo signs to coordinate any
renewal issues with the participating businesses.
[
(f)
Cooperation with other contractors. The contractor is required
to cooperate with any contractor working on the state highway system as well
as any other contractors operating major agricultural interest sign programs
within the state. Upon request by a potential lessee, the department, or a
member of the public, the contractor will furnish the name, address, and telephone
number of other operating major agricultural interest sign contractors.
(g)
Annual report. The contractor shall furnish an annual report
to the department. The annual report will include the signs erected and number
of participation agreements completed. Other reports may also be required
throughout the year as determined by the department.
(h)
Meetings. The contractor is required to attend meetings
with the department or department representatives at least once per calendar
year at a date and location determined by the department to discuss program
operation. The department may also require other meetings as necessary to
ensure compliance with this subchapter.
(i)
Installation by contractor. Installation of signs may only
be performed by the contractor, a subcontractor approved by the department,
or, in emergency situations, by the department. In the event that the department
undertakes installation or other duties of the contractor, the contractor
shall immediately remit to the department the specified fee or cost of such
work.
(j)
Department review. Prior to installation, the design and
location of signs must be submitted to the department for review. The department
shall inspect installation and monitor maintenance.
(k)
Sign relocation or removal. If the department determines
that additional regulatory, warning, or signing is needed at any location
along the eligible rural highway, existing or planned signs shall be removed
or relocated by the contractor as directed by the department and at the sole
expense of the contractor. If the department determines that construction
or maintenance activities within highway rights of way will create conditions
where existing signs will not be in compliance with Transportation Code, §§391.097-391.098,
or provisions of this subchapter, the contractor shall:
(1)
remove the affected signs; and
(2)
reimburse advance rental fees paid by the agricultural
interest prorated as per the date of removal of the sign.
(l)
Sign maintenance. The signs shall be maintained by the
contractor in a manner and condition that is:
(1)
a distinct benefit to the safety of the public;
(2)
a benefit to the major agricultural interest; and
(3)
to the satisfaction of the department.
(m)
Fees.
(1)
The contractor shall assess installation, annual rental,
covering, and replacement fees for the signs, and shall remit to the department
the amounts specified in the contract
[
[(A)
Sign installation fee. The contractor
shall assess a one-time fee of the amount specified in the contractor's bid
proposal under §25.704 of this title (relating to Contract Award Procedures)
for initial installation of a sign pursuant to §25.707 of this title
(relating to Program Operation).]
[(B)
Annual rental fee. The contractor shall
assess an annual fee to the major agricultural interest in the amount specified
in the contractor's bid proposal under §25.704 of this title.]
[(C)
Sign covering fee. The contractor shall
assess a total fee of $250 for covering the sign and a total fee of $250 for
uncovering the sign pursuant to §25.707 of this title.]
(2)
Reduced fees. The contractor shall reduce the annual rental
fee to a prorated amount for each calendar day when:
(A)
the sign has not been erected; or
(B)
a sign is obscured from view of the motorists for a period
of time exceeding 10 consecutive calendar days.
(3)
Non-reducible fee. A contractor may not reduce the annual
fee for the period a sign is covered at the request of the major agricultural
interest.
(n)
Bonding. The contractor shall satisfy all requirements
of Government Code, Chapter 2253, concerning bonds.
(o)
Permits, licenses, and taxes. The contractor shall:
(1)
procure all permits and licenses;
(2)
pay all charges, fees, and taxes;
(3)
give all notices necessary and incidental to the due and
lawful prosecution of the work; and
(4)
furnish the department with evidence of compliance with
the permit, license, and tax requirements upon request.
(p)
Records. The contractor shall:
(1)
consistent with generally accepted accounting principles,
maintain all books, documents, papers, advertising contracts, accounting records,
and other evidence pertaining to the contract with the department; and
(2)
furnish the department, its designee, or the
state
auditor
[
(q)
Termination. The department or the contractor may terminate
the contract upon default of the other party.
(1)
If the contractor terminates the contract or defaults prior
to the conclusion date of any five-year term, ownership of the contract rights
and any rights in signs constructed along the eligible rural highways shall
immediately pass to and vest in the department on the effective date of termination,
and the contractor shall not be entitled to any compensation.
(2)
If the department terminates the contract
, before
the contract's termination date,
for reasons other than default of the
contractor, the contractor will be paid for a percentage of the fair market
value, as established by the department, for each of the signs erected. The
percentages are as follows: elapsed time since sign installation:
less
than one
[
(r)
Sale, transfer, and assignment of contract. The contractor
shall not sell, transfer, assign, or otherwise dispose of the contract or
any portion thereof, or of its right, title, or interest therein, without
the prior written consent 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 June 25, 2004.
TRD-200404233
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 463-8630
suspension
with pay,
] suspension without pay, involuntary demotion, [
or
]
involuntary transfer
(lateral), or disciplinary reduction in pay
.
and Regulatory
] Services, or a spouse, child,
or parent of the employee who does not live in the same household and who
needs care and assistance as a direct result of a documented medical condition.
10
] continuous weeks or more for the current episode.
normal
] activities
of daily living
; [
and
]
which
] are eligible for workers' compensation payments, after the period
covered by the last workers' compensation check distributed.
worker
] compensation payments,
and who chooses to integrate his or her sick leave, and vacation leave, or
compensatory time is also eligible to receive a withdrawal in accordance with
this subchapter.
when
the necessary information to make a definite determination of the employee's
need for pool hours is changed, uncertain, or not available
]. If the
employee is determined to be able to return to work sooner than indicated
on a previous certification, the pool administrator may require the unused
portion of a withdrawal to be returned to the pool. If the employee fails
to cooperate with recertification requirements and reevaluation procedures,
the pool administrator may deny the request or require the unused portion
of a withdrawal be returned to the sick leave pool.
Chapter 21.
RIGHT OF WAY
Chapter 25.
TRAFFIC OPERATIONS
Texas
Civil Statutes, Article 4477-9a, require
] the commission to contract
with a person, firm, group, or association in the State of Texas to erect
and maintain information logo signs within eligible highways and urban highway
rights of way. It further requires the commission to adopt rules necessary
to administer and enforce this signing program, and to regulate the content,
composition, placement, erection, and maintenance of information logo signs
and supports within eligible highways and urban highway rights of way. The
sections
in
[
under
] this
subchapter
[
undesignated head
] prescribe the policies and procedures for the implementation
of an information logo sign program.
(8)
] Eligible highway--A highway
that:
;
] and qualifies for a maximum speed limit of
65 miles per hour under 23 U.S.C. §154, or if that law is repealed, qualified
for a maximum speed limit of 65 miles per hour on the day before the effective
date of the repeal; or
(9)
] Eligible urban highway--An
interstate highway located inside an urbanized area with a population of 200,000
or more.
(10)
] Gross building area--Square
footage of usable area within a building, or series of buildings under one
roof, that is considered usable by the retail businesses and the public; if
a building is multi-level, this includes the square footage available on each
level.
(11)
] Information logo sign--A
specific information logo sign or a major shopping area guide sign.
(12)
] Interchange--The intersection
of the centerlines of an eligible highway or eligible urban highway and a
crossroad.
(13)
] Interstate highway--Any highway
which is part of the national system of interstate and defense highways designed
to be a multi-lane and divided full control access roadway.
(14)
] Major shopping area--An enclosed
retail shopping mall offering goods and services for sale to the public located
on a minimum 30 acres of land that contains
1 million
[
1,000,000
] square feet or more of gross building area.
(15)
] Major shopping area guide
sign--A rectangular supplemental sign panel imprinted with the name of the
retail shopping area as it is commonly known to the public and containing
directional information.
(16)
] Major shopping area ramp
sign--A supplemental sign with the common name of the retail shopping mall,
directional arrows, and/or distances placed near an eligible urban highway
exit ramp or access road.
(17)
] Multiple crossroad interchange--An
interchange in which one exit in a direction of travel from an eligible highway
provides the only point of access for two or more crossroads; the center of
a multiple crossroad interchange is the mid-point of the intersection of the
centerline of the eligible highway and centerlines of the affected crossroads.
(18)
] Primary motorist service--Gas,
food, lodging, or camping available to the traveling public.
(19)
] Ramp business logo--A reduced
size separate sign panel of specified dimensions attached to a ramp and containing
the commercial establishment name, symbol, brand, trademark, or combination.
(20)
] Ramp sign--A supplemental
sign with ramp business logos or the name of the major shopping area, directional
arrows, and distances placed near an eligible highway or eligible urban highway
exit ramp.
(21)
] Retail shopping mall--Retail
businesses located within a building, or a series of buildings, connected
by a common continuous roof and walls, and enclosing and covering all inner
pedestrian walkways and common areas.
(22)
] Specific information logo
sign--A rectangular supplemental sign [
panel
] imprinted with the
words "GAS," "FOOD," "LODGING," or "CAMPING," or with a combination of those
words, and the names (or business logos) of commercial establishments offering
those services.
(23)
] State--The State of Texas.
(24)
] Texas MUTCD--Texas Manual
on Uniform Traffic Control Devices for Streets and Highways, latest edition,
issued by the Texas Department of Transportation.
(h)
] Meetings. The contractor is
required to attend meetings with the department or department representatives
at least once per calendar year at a date and location determined by the department
to discuss program operation. The department may also require other meetings.
(i)
] Installation by contractor.
Installation of information logo signs may only be performed by the contractor,
a subcontractor approved by the department, or, in emergency situations, by
the department. In the event that the department undertakes installation or
other duties of the contractor, the contractor shall immediately remit to
the department the specified fee or cost of such work.
(j)
] Department review. Prior to
installation, the design and location of information logo signs must be submitted
to the department for review. The department shall inspect installation and
monitor maintenance.
(k)
] Sign relocation or removal.
If the department determines that additional regulatory, warning, or guide
signing is needed at an interchange, existing or planned information logo
signs shall be removed or relocated by the contractor as directed by the department
and at the sole expense of the contractor. If the department determines that
construction or maintenance activities within the eligible highway or eligible
urban highway rights of way will create conditions where existing information
logo signs will not be in compliance with
Transportation Code, Chapter
391
[
Texas Civil Statutes, Article 4477-9a
], or provisions
of this title, the contractor shall:
(l)
] Sign maintenance. The information
logo signs shall be maintained by the contractor in a manner and condition
that is a distinct benefit to the safety of the public, benefit to the commercial
establishments or retail shopping malls, and to the satisfaction of the department.
(m)
] Fees.
(1)
Non-refundable fees.
] The contractor
shall assess
installation, annual rental, covering, and replacement fees
for the signs
[
the following non-refundable fees
] and shall
remit to the department
the amounts specified in the contract
[
an amount equal to 5.0% of all such fees
] no later than the seventh
business day following the last day of the month such fees are received by
the contractor.
(2)
] Reduced fees. The contractor
shall reduce the annual rental fee a prorated amount for each calendar day
when:
(3)
] Non-reducible fee. A contractor
may not reduce the annual fee for the period a business logo, ramp business
logo, or major shopping area guide sign is covered at the request of the commercial
establishment or retail shopping mall.
(n)
] Bonding. The contractor shall
satisfy all requirements of
Government Code, Chapter 2253
[
Texas Civil Statutes, Article 5160
], relating to bonds.
(o)
] Permits, licenses, and taxes.
The contractor shall
:
and
]
. When requested,
the contractor shall
]
(p)
] Records. The contractor shall
:
[
,
]
paper
],
advertising contracts, accounting records, and other evidence pertaining to
the contract with the department
;
and [
shall, upon request
of the department, make available such documents, records, and information
for examination by the department, its designee, or the State Auditor.
]
(q)
] Termination. The department
or the contractor may terminate the contract upon default of the other party.
a percentage of
] the
depreciated
[
fair market
] value, as established by the department,
for each of the information logo signs erected. The percentages are as follows:
elapsed time since sign installation:
less than one
[
0 - 1
] year--90%; one - two years--75%; two - three years--50%; three - four
years--25%; four years or greater--0%.
(r)
] Sale, transfer, and assignment
of contract. The contractor shall not sell, transfer, assign, or otherwise
dispose of the contract or any portion thereof, or of its right, title, or
interest therein, without the prior written consent of the department.
Contract Award Procedures ].
Notice. The department
will publish a notice of intent to award an information logo sign program
contract in industry related publications at least 45 calendar days prior
to contractor selection. The notice shall include prequalification requirements
for potential contractors.
]
(b)
Bidding requirements.
]
(3)
]
The department will not consider a
proposal
that
[
bid which
]:
(A)
] fails to comply with any requirement
of the notice;
(B)
] specifies an installation fee
that is less than 5.0% or greater than 25% of the business logo annual rental
fee;
(C)
] specifies that the ramp business
logo annual rental fee is less than 5.0% or greater than 15% of the business
logo annual rental fee;
(D)
] specifies a major shopping
area guide sign annual rental fee that is less than two times or greater than
six times the business logo annual rental fee; [
or
]
(E)
] specifies that the major shopping
area ramp sign annual rental fee is less than one-half or greater than 150%
of the business logo annual rental fee
; or
[
.
]
bid
] proposals received by the director
of traffic operations
will
[
shall
] be
evaluated
by a panel of department employees to determine which proposal will provide
the best value to the state. A recommendation for award will be
[
tabulated and
] forwarded to the commission
to accept or reject
. [
The commission may accept or reject all bids, and if accepted,
award the contract to the lowest bidder.
]
ten
] calendar days of the date of the award. To accept
the award, the contractor must execute a contract with the department within
30 calendar days of the date of the award.
by this undesignated head
] and such
other terms and conditions the department deems advantageous to the state.
and
]
.
] Signs with greater than two services shall be approved
by the department prior to fabrication and installation
;) and
[
.
]
(d)
] Major shopping area guide signs.
(e)
] Major shopping area ramp signs.
.
]
(3)
] A person may submit a request
for a variance to the department's local district engineer indicating:
(4)
] The department may require
additional documentation following generally accepted engineering standards,
which shall include, but not be limited to:
(5)
] The executive director, or
the director's designee, may grant a variance if he or she determines it is
feasible to place the sign at the requested location and the sign meets the
requirements of the Texas MUTCD; and
(6)
] The executive director, or
the director's designee, will indicate the reason for granting or denying
a variance in writing.
Subchapter K. MAJOR AGRICULTURAL INTEREST SIGN PROGRAM
by low bid
] to a person, firm, group, or association in the State
of Texas, for an initial period not to exceed five years, to develop, erect,
operate, and maintain major agricultural interest signs at appropriate locations,
subject to the following terms and conditions.
and
]
Sign erection
in first year. In the first year of the contract between the department and
contractor, the contractor shall erect signs at a minimum of 40% of the sites
where participation agreements have been completed between the major agricultural
interest and the contractor. Signs shall be erected within two years of the
execution date of an agreement between the major agricultural interest and
the contractor pursuant to §25.707 of this title (relating to Program
Operation).
]
Non-refundable fees. The
contractor shall assess the following non-refundable fees and shall remit
to the department an amount equal to 5.0% of all such fees
] no later
than the seventh business day following the last day of the month such fees
are received by the contractor.
State Auditor
] such documents, records, and information
for examination upon request.
0-1
] year--90%; one-two years--75%; two-three years--50%;
three-four years--25%; four years or greater--0%.