43 TAC §1.85
The Texas Department of Transportation (department) proposes
amendments to §1.85, concerning department advisory committees.
EXPLANATION OF PROPOSED AMENDMENTS
House Bill 3588, 78th Legislature, Regular Session, 2003, added new Chapter
227 to the Transportation Code that allows the department to plan and construct
a new set of intermodal transportation facilities known as the Trans-Texas
Corridor and that will integrate highway, rail, and utility components.
The department is currently engaged in the planning of the Trans-Texas
Corridor, and intends to establish development plans for elements of the Trans-Texas
Corridor that will define facilities to be developed as part of that element.
The scope of work under the comprehensive development agreement for the Oklahoma
to Mexico/Gulf Coast element of the Trans-Texas Corridor (TTC-35) provides
for the developer to work with the department to prepare a master development
plan that will identify facilities that may be developed as part of the project
and to set forth milestones for the development of the project.
At the December 16, 2004 meeting of the Texas Transportation Commission
(commission), the Chair requested that rules be drafted that would authorize
the creation of an advisory committee to provide checks and balances on the
department as it went through the planning process for the Trans-Texas Corridor
and the TTC-35 element. Those rules are the subject of this rulemaking.
The amendments to §1.85(a) adds paragraph (5), which authorizes the
commission to create an advisory committee concerning the Trans-Texas Corridor,
or a project that is part of the Trans-Texas Corridor, for the purpose of
facilitating and achieving support and consensus from affected communities,
governmental entities, and other interested parties in the planning of the
Trans-Texas Corridor and in the establishment of development plans for a project
that is part of the Trans-Texas Corridor.
The amendments provide that a Trans-Texas Corridor advisory committee shall
provide advice and recommendations to the department regarding facilities
to be included in a development plan for the Trans-Texas Corridor or a project
that is part of the Trans-Texas Corridor. The advice and recommendations of
a committee will provide the department with an enhanced understanding of
public, business, and private concerns about the Trans-Texas Corridor and
projects that are part of the Trans-Texas Corridor, resulting in a greater
cooperation between the department and all affected parties during project
planning and development.
The amendments require a Trans-Texas Corridor advisory committee to report
its advice and recommendations to the executive director of the department
or designee, and provide that an advisory committee may be abolished at any
time by the commission, but in any event no later than the date of completion
of the Trans-Texas Corridor or the project for which the advisory committee
is created.
The amendments also clarify that the members of an advisory committee may
be appointed by an office or official different than the office or official
to which the advisory committee is to report and make other nonsubstantive
corrections to subsections (b) and (c).
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 section as proposed.
Phillip E. Russell, P.E., Director, Texas Turnpike Authority 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
Mr. Russell has also determined that for each of the first five years the
section is in effect, the public benefit anticipated as a result of enforcing
or administering the amendments will be to provide the department with an
enhanced understanding of public, business, and private concerns about the
Trans-Texas Corridor and projects that are part of the Trans-Texas Corridor,
thus facilitating the department's communications and project development
objectives, resulting in a greater cooperation between the department and
all affected parties during project planning and development. There will be
no adverse economic effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed amendments may be submitted to Phillip
E. Russell, P.E., Director, Texas Turnpike Authority Division, 125 East 11th
Street, Austin, Texas 78701-2483. The deadline for receipt of comments is
5:00 p.m. on March 14, 2005.
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, Chapter 2110, which provides that
a state agency that is advised by an advisory committee shall adopt rules
that state the purpose of the committee, describe the task of the committee,
state the manner in which the committee will report to the agency, and establish
a date on which the committee is abolished unless the governing body of the
agency affirmatively votes to continue the committee in existence.
CROSS REFERENCE TO STATUTE: Government Code, Chapter 2110.
§1.85.Department Advisory Committees.
(a)
Creation.
(1) - (4)
(No change.)
(5)
Trans-Texas Corridor advisory committees.
(A)
Purpose. The commission by order may create an advisory
committee concerning the Trans-Texas Corridor or a project that is part of
the Trans-Texas Corridor, for the purpose of facilitating and achieving support
and consensus from affected communities, governmental entities, and other
interested parties in the planning of the Trans-Texas Corridor and in the
establishment of development plans for a project that is part of the Trans-Texas
Corridor. A committee may be composed of the following members as deemed appropriate
by the commission: department staff; affected property owners and business
establishments; technical experts; professional consultants representing the
department; representatives of local governmental entities; the general public;
chambers of commerce; and the environmental community. Advice and recommendations
of a committee will provide the department with an enhanced understanding
of public, business, and private concerns about the Trans-Texas Corridor and
projects that are part of the Trans-Texas Corridor, thus facilitating the
department's communications and project development objectives, resulting
in greater cooperation between the department and all affected parties during
project planning and development.
(B)
Duties. A Trans-Texas Corridor advisory committee shall
provide advice and recommendations to the department regarding facilities
to be included in a development plan for the Trans-Texas Corridor or a project
that is part of the Trans-Texas Corridor.
(C)
Manner of reporting. A Trans-Texas Corridor advisory committee
shall report its advice and recommendations to the executive director or designee.
(D)
Duration. A Trans-Texas Corridor advisory committee may
be abolished at any time by the commission, but in no event may a committee
continue beyond completion of the Trans-Texas Corridor or the project for
which the committee is created.
(b)
Operating procedures.
(1)
Membership.
Except as otherwise specified in this
section, an
[
An
] advisory committee shall be composed of
not more than 24 members to be appointed by the office or official to whom
the committee is to report. When applicable to the purpose and duties of the
committee, the membership shall provide a balanced representation between:
(A)
industries or occupations regulated or directly affected
by the department; and
(B)
consumers of services provided either by the department
or by industries or occupations regulated by the department.
(2)
Meetings.
(A)
An advisory committee shall meet once a calendar year
and at such other times as requested by the office to which it reports.
(B)
A majority of the membership of an advisory committee
constitutes a quorum. A committee may take formal action only by majority
vote of its membership.
(3)
Officers. Each committee shall elect a chair and vice-chair
by majority vote of the members of the committee.
(c)
Duration. Except as otherwise specified in this
section
[
subsection
], a committee created under this section
is abolished December 31, 2005, unless the commission amends its rules to
provide for a different date.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on January 28, 2005.
TRD-200500389
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: March 13, 2005
For further information, please call: (512) 463-8630