Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 29. Purchased Health Services Subchapter L. General Administration 25 TAC sec.sec.29.1104, 29.1126, 29.1127 The Texas Department of Health is renewing the effectiveness of the emergency adoption of amended sec.sec.29.1104, 29.1126, and 29.1127 for a 60-day period effective October 17, 1993. The text of amended sec.sec. 29.1104, 29.1126, and 29.1127 was originally published in the August 20, 1993, issue of the Texas Register (18 TexReg 5543). Issued in Austin, Texas, on October 6, 1993. TRD-9329890 Susan K. Steeg General Counsel Texas Department of Health Effective date: October 17, 1993 Expiration date: February 28, 1994 For further information, please call: (512) 458-7236 TITLE 43. TRANSPORTATION Part I. Texas Department of Transportation Chapter 1. Administration Advisory Committees The Texas Department of Transportation adopts on an emergency basis amendments to sec.sec.1.80-1.82 and 1.84, new sec.1.83 and sec.1.85, and the repeal of sec.1.83, concerning Advisory Committees. The repeal of sec.1.83 is necessary because of the contemporaneous emergency adoption of new sec.1.83, which incorporates the provisions of the repealed section as rewritten and expanded. Section 1.80 is amended to include advisory committees created by the department. Section 1.81 is amended by deleting some unnecessary terms and also by adding definitions of department advisory committee, district engineer, and statutory advisory committee. Section 1.82 is amended to clarify that the section only applies to statutory advisory committees; remove the requirement that the commission designate the chair of the aviation and bicycle rules committees and allow those committees to elect a chair and vice-chair; remove provisions concerning the frequency of meetings; lower the advance notice of meetings from 14 to 10 days; and require the department to report advice of statutory advisory committees to the commission and to invite the committee chair to appear before the commission. Section 1. 84 is amended by adding a provision for the department to submit emergency rules to the commission without prior review by the advisory committee; by authorizing the committee to waive preliminary or final review of draft rules; and by authorizing the committee to defer the committee's review of rules until the public comment period. New sec.1.83 replaces the existing section and outlines the duties of the statutorily appointed advisory committees, the frequency of meetings, and the expiration date of each committee. New sec.1.85 lists certain committees created by the department, and states their purpose, duties, and manner of reporting; membership requirements, frequency of meetings, requisites for formal committee action, election of officers, and duration of existence of committees. Senate Bill 383, 73rd Legislature, 1993, added Texas Civil Statutes, Article 6252-33, to require the department to adopt rules that state the purpose of each of its advisory committees and describe each committee's task and the manner in which it will report to the agency; and establish a date on which each committee will automatically be abolished unless continued in existence by affirmative vote of the commission. Adoption on an emergency basis is necessary in order to comply with the mandates of Senate Bill 383, which became effective on September 1, 1993, to provide for flexibility in the process for statutory advisory committee review of department rules, to clarify existing provisions, and to assure that critical roles of the advisory committees continue without interruption, thereby protecting the vital interests, safety, and welfare of the taxpayers and the travelling public. 43 TAC sec.sec.1.80-1.82, 1.84 The amendments are adopted on an emergency basis under Texas Civil Statutes, Article 6666, which provide the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation, and more specifically by Texas Civil Statutes, Articles 46c- 3, 6663b, 6673g, and 6673h, which creates four specific advisory committees and authorizes the commission to adopt rules to govern the operations of those committees. Texas Civil Statutes, Article 6252-33, directing state agencies to adopt rules concerning the operation of advisory committees, is the statute affected by the rules. sec.1.80. Scope and Purpose. The sections under this undesignated head prescribe the uniform procedures governing the operation of[, and responsibilities for, advisory] committees created to advise
    [by] the Texas Transportation Commission or [by statute to advise] the Texas Department of
      Transportation [Commission]. sec.1.81. Definitions. The following words and terms, when used in this undesignated head, shall have the following meanings, unless the context clearly indicates otherwise. [Advisory committee -Any committee created by the commission or created by statute for the purpose of providing advice or recommendations in a purely advisory manner regarding certain matters within the jurisdiction of the commission.] [Aviation Advisory Committee-The advisory committee created pursuant to Texas Civil Statutes, Article 46c-3, to advise the commission and the department on aviation matters.] [Bicycle Rules Advisory Committee-The advisory committee created pursuant to Texas Civil Statutes, Article 6673h, to advise the commission on the adoption of rules regarding bicycle road use on the state highway system.] Commission-The Texas Transportation Commission. Department-The Texas Department of Transportation. Department advisory committee-Any committee created by the department or the commission for the purpose of providing advice or recommendations in a purely advisory manner regarding certain matters within the jurisdiction of the department or the commission. District engineer -The chief administrative officer in charge of a district of the department. [Environmental Advisory Committee-The advisory committee created pursuant to Texas Civil Statutes, Article 6673g, to advise the commission on rules of the department that may affect the environment.] Executive director -The chief executive
        [administrative] officer of the Texas Department of Transportation. [Public Transportation Advisory Committee-The advisory committee created pursuant to Texas Civil Statutes, Article 6663b, to advise the commission on public transportation matters.] Statutory advisory committee-A committee expressly created by statute for the purpose of providing advice or recommendations in a purely advisory manner regarding certain matters within the jurisdiction of the commission. sec.1.82. Statutory Advisory Committee Operations and Procedures. (a) Applicability. This section applies to statutory advisory committees. (b)
          [(a)] Membership. (1) Except as provided in paragraphs (2) and (3) of this subsection, the commission will: (A) appoint advisory committee members for a two-year term[, and will designate one member to serve as chair]; and (B) appoint members to serve the balance of any term upon the occurrence of a vacancy. (2) Members of the Environmental and Public Transportation Advisory Committees shall be appointed and shall serve pursuant to Texas Civil Statutes, Article 6663b and Texas Civil Statutes, Article 6673g, respectively. (3) Members of the Bicycle Rules Advisory Committee shall serve until the committee is abolished as provided by Texas Civil Statutes, Article 6673h. (4) Each committee shall elect a chair and vice-chair by majority vote of the members of the committee. (c)
            [(b)] Meetings. (1) Open meeting requirements. Advisory committees shall post and hold all meetings in accordance with the provisions applicable to meetings of the commission under the Texas Open Meetings Act, the Government Code, Chapter 551
              [Texas Civil Statutes, Article 6252-17]. Filing of notice of open meetings with the Secretary of State shall be coordinated through the department's [Office of the] General Counsel. (2) Regular meetings. [Advisory committees shall meet annually except that the Public Transportation Committee shall meet quarterly. Advisory committees shall also meet at the request of the commission and as required by sec.1.84 of this title (relating to Rulemaking).] The chair of the committee shall provide notice of time, date, place, and purpose of regular meetings to the members and the executive director, by mail or telephone or both, at least ten
                [14] calendar days in advance of each meeting. (3) Quorum. A majority of the membership of an advisory committee constitutes a quorum. The committee may act only by majority vote of its membership. (4) Attendance. A record of attendance at each meeting shall be made. If a member of a committee appointed by the commission misses two consecutive meetings, written notice shall be given to the member. A third consecutive absence from a regular meeting will be sufficient grounds for removal of that member by the commission. (5) Parliamentary procedure. Parliamentary procedures for all committee meetings shall be in accordance with the latest edition of Roberts Rules of Order
                  , except that the chair
                    [chairperson] may vote on any action as any other member of the committee. (6) Record. Minutes of all committee meetings shall be prepared and filed with the commission. The complete proceedings of all committee meetings must also be recorded by electronic means. (7) Open records. All minutes, transcripts, and other records of the advisory committees are records of the commission and as such are subject to disclosure under the provisions of the Government Code, Chapter 552
                      [Texas Civil Statutes, Article 6252-17a]. (d)
                        [(c)] Reimbursement. Advisory committee members are not entitled to receive compensation for serving as members, but will be reimbursed for reasonable and necessary expenses for performing their duties. Current rules and laws governing reimbursement of expenses for state employees shall govern reimbursement for expenses of advisory committee members. (e)
                          [(d)] Conflict of interest. Advisory committee members are subject to the same laws and policies governing ethical standards of conduct as those for commission members and employees of the department. (f)
                            [(e)] Administrative support. For each advisory committee, the executive director will designate an office of the department that will be responsible for providing any necessary administrative support essential to the functions of the committee. (g)
                              [(f)] Advisory committee recommendations. In developing department policies, the commission will consider the recommendations submitted by advisory committees. (h) Manner of reporting. (1) The office designated under subsection (f) of this section shall, in writing, report to the commission an official action of a statutory advisory committee, including any advice and recommendations, prior to commission action on the issue. The chair of the advisory committee or his or her designee will also be invited by the department to appear before the commission prior to commission action on a posted agenda item to present the committee's advice and recommendations. (2) In the event a written report cannot be furnished to the commission prior to commission action, the report may be given orally, provided that a written report is furnished within ten days of commission action. sec.1.84. Rulemaking. (a) Purpose. This section governs the role of a statutory
                                [an] advisory committee in the adoption of new or amended rules pursuant to the Administrative Procedure [and Texas Register] Act, the Government Code, Chapter 2001
                                  [Texas Civil Statutes, Article 6252-13a]. (b) Preliminary review. When the department determines that it is necessary or desirable for the commission to adopt new or amended rules, the department will: (1) notify the relevant advisory committee, if any, of the nature of the rulemaking, including the reasons for the rules and the general subjects to be covered; and (2) request the chair of the committee to call a meeting of the relevant advisory committee for the purpose of providing advice and recommendations prior to completing the final draft
                                    [drafting the text] of the proposed rules. (c) Final
                                      Review. Upon completing a final draft of proposed rules that are subject to this section and prior to submitting the draft to the commission for proposed adoption
                                        , the department will request the chair to call a meeting of the relevant advisory committee to review and comment on the rules as drafted. (d) Comment. Prior to commission adoption of rules that are subject to this section, the commission will provide the advisory committee and department staff an opportunity to appear before it for the purpose of advising the commission of its recommendations regarding the proposed rules. (e) Emergency rules. If the department submits to the commission emergency rules under the Government Code, Chapter 2001, sec.2001.034, it is not required to comply with subsections (b) and (c) of this section. The members of the committee shall be so notified in writing within ten days of commission action. (f) Waiver. A committee may elect to waive preliminary or final review of rules presented under this section. (g) Deferral. A committee may elect to defer review of rules under this section until the public comment period. Issued in Austin, Texas, on October 6, 1993. TRD-9329884 Diane L. Northam Legal Administrative Assistant Texas Department of Transportation Effective date: October 6, 1993 Expiration date: February 4, 1994 For further information, please call: (512) 463-8630 43 TAC sec.1.83 The repeal is adopted on an emergency basis under Texas Civil Statutes, Article 6666, which provide the Texas Department of Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation, and more specifically by Texas Civil Statutes, Articles 46c-3, 6663b, 6673g, and 6673h, which create four specific advisory committees and authorize the commission to adopt rules to govern the operations of those committees. Texas Civil Statutes, Article 6252-33, directing state agencies to adopt rules concerning the operation of advisory committees, is the statute affected by the repeal. Issued in Austin, Texas, on October 6, 1993. TRD-9329886 Diane L. Northam Legal Administrative Assistant Texas Department of Transportation Effective date: October 6, 1993 Expiration date: February 4, 1994 For further information, please call: (512) 463-8630 43 TAC sec.1.83, sec.1.85 The new sections are adopted on an emergency basis under Texas Civil Statutes, Article 6666, which provide the Texas Department of Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation, and more specifically by Texas Civil Statutes, Articles 46c-3, 6663b, 6673g, and 6673h, which create four specific advisory committees and authorize the commission to adopt rules to govern the operations of those committees. Texas Civil Statutes, Article 6252-33, directing state agencies to adopt rules concerning the operation of advisory committees, is the statute affected by the new rules sec.1.83. Statutory Advisory Committees. (a) Bicycle Rules Advisory Committee. (1) Purpose. Created pursuant to Texas Civil Statutes, Article 6673h, the Bicycle Rules Advisory Committee seeks to provide the commission with insight from the perspective of bicyclists. The primary mission of the committee is to advise the commission on the development of rules for bicyclists use of the state highway system. By involving representatives of the public and of bicyclists, the department helps ensure effective communication with the bicycle community, and that the bicyclist's perspective will be fully considered in the development of bicycles road use rules. (2) Duties. The committee shall: (A) advise the commission on the adoption of rules regarding bicycle road use on the state highway system; and (B) perform other duties as determined by order of the commission. (3) Meetings. The committee shall meet annually and as required by sec.1.84 of this title (relating to Rulemaking). (4) Duration. The committee shall be abolished upon final adoption of bicycle road use rules by the commission. (b) Environmental Advisory Committee. (1) Purpose. Created pursuant to Texas Civil Statutes, Article 6673g, the Environmental Advisory Committee provides a forum for the exchange of information between the department, the commission, and committee members representing the general public and the environmental community. Advice and recommendations expressed by the committee provide the department and the commission with greater insight with regard to environmental issues, thus facilitating the department's and the commission's goal of ensuring that environmental considerations are fully integrated into department and commission rules and policies. (2) Duties. The committee shall: (A) advise the commission on rules of the department that may affect the environment; (B) become informed and knowledgeable of the department's environmental activities, environmental policies, and rules which govern the department's operations; (C) communicate to the department any views or recommendations of the committee regarding the department's environmental policies, rules, and procedures; (D) communicate the roles, mission, and environmental policies of the department in order to promote a better understanding of the department throughout the general public and environmental community; and (E) perform other duties as determined by order of the commission. (3) Meetings. The committee shall meet: (A) as necessary, at the call of its chair, but not exceeding once each month; (B) at the request by the commission; and (C) as required by sec.1.84 of this title (relating to Rulemaking). (4) Duration. The committee is abolished September 1, 1997, unless continued in existence by affirmative vote of the commission. (c) Aviation Advisory Committee. (1) Purpose. Created pursuant to Texas Civil Statutes, Article 46c-3, the Aviation Advisory Committee provides a direct link for general aviation users' input into the Texas Airport System. The committee provides a forum for exchange of information concerning the users' view of the needs and requirements for the economic development of the aviation system. The members of the committee are an avenue for interested parties to utilize to voice their concerns and have that data conveyed for action for system improvement. Additionally, committee members are representatives of the department and its Aviation Division, able to furnish data on resources available to the Texas aviation users. (2) Duties. The committee shall: (A) periodically review the adopted capital improvement program; (B) advise the commission on the preparation and adoption of an aviation facilities development program; (C) advise the commission on the establishment and maintenance of a method for determining priorities among locations and projects to receive state financial assistance for aviation facility development; (D) advise the commission on the preparation and update of a multi-year aviation facilities capital improvement program; and (E) perform other duties as determined by order of the commission. (3) Meetings. The committee shall meet once a calendar year and such other times as requested by the Aviation Division Director. (4) Duration. The committee is abolished September 1, 1997, unless continued in existence by affirmative vote of the commission. (d) Public Transportation Advisory Committee. (1) Purpose. Created pursuant to Texas Civil Statutes, Article 6663b, the Public Transportation Advisory Committee provides a forum for the exchange of information between the department, the commission, and committee members representing the transit industry and the general public. Advice and recommendations expressed by the committee provide the department and the commission with a broader perspective regarding public transportation matters that will be considered in formulating department policies. (2) Duties. The committee shall: (A) advise the commission on the needs and problems of the state's public transportation providers, including recommending methods for allocating state public transportation funds if the allocation methodology is not specified by statute; (B) comment on proposed rules or rule changes involving public transportation matters during their development and prior to final adoption unless an emergency requires immediate action by the commission; and (C) perform other duties as determined by order of the commission. (3) Meetings. The committee shall meet: (A) as necessary, at the call of its chair, but not exceeding once each month; (B) at the request of the commission; and (C) as required by sec.1.84 of this title (relating to Rulemaking). (4) Duration. The committee is abolished September 1, 1997, unless continued in existence by affirmative vote of the commission. sec.1.85. Department Advisory Committees. (a) Creation. The following committees are established as department advisory committees. (1) Quality Control/Quality Assurance Specification Development Committee. (A) Purpose. The Quality Control/Quality Assurance Specification Development Committee is created for the purpose of developing a quality control/quality assurance specification for hot-mix asphaltic concrete pavement. Through a formalized review process, the committee provides a forum for the exchange of information through a committee composed of the department engineering staff, highway industry material suppliers, and contractor representatives. Advice and recommendations expressed by the committee provide the department and the commission with increased insight in material and construction methods for quality control and quality assurance, thus aiding the department and the commission's goals of ensuring industry input into design standards and practices. (B) Duties. The committee shall advise the department and the commission concerning the development of a quality control/quality assurance hot-mix asphaltic concrete pavement specification. (C) Manner of reporting. The committee shall report its advice and recommendations to the Pavement Engineer of the Design Division. (D) Duration. Upon completion of the quality control/quality assurance hot-mix asphaltic concrete specification, the committee is abolished. (2) Specialist Certification Advisory Committee. (A) Purpose. The purpose of the Specialist Certification Advisory Committee is to review the Specialist Certification Program and to maintain a forum for the exchange of information between the department and the paving industry. Advice and recommendations expressed by the committee provide the department and the commission greater insight into pavement technology, testing, and specialist training, thus facilitating the department's and the commission's goals of ensuring safe, efficient, and economical pavement design, construction, and maintenance practices for increased pavement life and performance. (B) Duties. The committee shall provide advice and recommendations concerning: (i) modifications and improvements to the training program curriculum and operations; (ii) decertification claims; (iii) recertification refresher courses; and (iv) other matters as required to successfully implement and continue the Specialist Certification Program. (C) Manner of reporting. The committee shall report its advice and recommendations to the Assistant Executive Director for Field Operations. (3) Consultant Engineering Advisory Committee. (A) Purpose. The purpose of the Consultant Engineering Advisory Committee is to coordinate and facilitate the use of the consultant engineering community in department operations. (B) Duties. The committee shall review, discuss, and recommend items of mutual concern between the department and the consultant engineering community. (C) Manner of Reporting. The committee shall report its advice and recommendations to the Deputy Executive Director for Transportation Planning and Development. (4) Project advisory committees. (A) Purpose. The executive director may authorize a district engineer to create, by written order, an ad hoc project advisory committee composed of the following members as may be deemed appropriate by the district engineer: department staff; affected property owners and business establishments; technical experts; professional consultants representing the department; and representatives of local governmental entities, the general public, chambers of commerce, and the environmental community. A project advisory committee shall serve the purpose of facilitating, evaluating, and achieving support and consensus from the affected community and governmental entities in the initial stages of a highway improvement project. Advice and recommendations of a committee provide the department with an enhanced understanding of public, business, and private concerns about a project from the development phase through the implementation phase, thus facilitating the department's communications-and traffic management objectives, resulting in a greater cooperation between the department and all affected parties during project development and construction. (B) Duties. A project advisory committee shall: (i) maintain community and local government communication; and (ii) respond in a timely fashion to affected parties' concerns about project development and construction. (C) Manner of reporting. A project advisory committee shall report its advice and recommendations to the district engineer. (D) Duration. A project advisory committee may be abolished at any stage of project development, but in no event may a committee continue beyond completion of the project. (5) Statewide Transportation Plan External Advisory Panel. (A) Purpose. Texas Civil Statutes, Article 6663(f) and 23 U.S.C., sec.135, require the department to develop a statewide multimodal transportation plan that encompasses all modes of transportation. The panel, appointed by the Deputy Executive Director for Transportation Planning and Development and composed of representatives of other governmental agencies concerned with transportation and private transportation providers, thereby ensuring multimodal input as required by federal law, is created to advise the department on its statewide transportation plan. The panel provides a forum for identifying issues to be addressed by the planning process and provides input into the department's planning process. The panel members represent a constituency of interests and in this way broaden input into the process. (B) Duties. The panel shall: (i) review and comment on white papers prepared as part of developing recommended goals for Texas' transportation system; (ii) review and comment on the draft statewide transportation plan; and (iii) provide logistical assistance such as furnishing data and existing planning materials. (C) Manner of reporting. The panel shall report its advice and recommendations to the department's Multimodal Planning Team. (6) Transit Operators' Advisory Committee. (A) Purpose. Through an open communication process the Transit Operators' Advisory Committee provides a forum for the exchange of information between transit operators and the Public Transportation Division. (B) Duties. The committee shall: (i) provide input to the Public Transportation Division on procedures that are developed for the routine management of grant programs; (ii) provide input to the Public Transportation Division in the development of the Rural Transit Assistance Program as recommended in the Federal Transit Administration's Circular 9040.lC, which stipulates that operators should be given maximum opportunity to participate in the development process; and (iii) perform other duties as determined by the Public Transportation Division Director. (C) Manner of reporting. The committee shall report its advice and recommendations to the Public Transportation Division Director. (7) Transit Vehicle Specification Committee. (A) Purpose. To provide a forum for the exchange of information with the Public Transportation Division on the availability of certain vehicles and vehicle components to be used in the field of public transportation in Texas and more specifically the Federal Transit Act, sec.16 and sec.18 programs. (B) Duties. The committee shall periodically review and recommend updates of vehicles' specifications used in the Federal Transit Act, sec.16 and sec.18 grant programs. (C) Manner of reporting. The committee shall report its advice and recommendations to the Public Transportation Division Director. (8) Ad hoc transit advisory panels. (A) Purpose. In order to provide for effective and timely input from affected public transportation providers and riders, the commission, by minute order, may create an ad hoc transit advisory panel. (B) Duties. An ad hoc advisory panel shall advise the Public Transportation Division on a single issue or program that only affects a specific segment of the public transportation industry or of the public. An example of an ad hoc panel would be a committee created to advise the division on the funding allocation rules for a particular grant program. (C) Manner of reporting. An ad hoc advisory panel shall report its advice and recommendations to the Public Transportation Division Director. (D) Duration. An ad hoc advisory panel shall be abolished no later that 90 days after its creation. (9) Registration and Title System (RTS) Liaison Committee and Dealer System Advisory Board. (A) Purpose. The Registration and Title System (RTS) Liaison Committee and Dealer System Advisory Board provide forums to aid in the implementation of the RTS. The purpose of the committee and board is to obtain feedback from the primary users of the system, and to seek solutions to potential impediments before the system is put in daily use. (B) Duties. The committee and board shall: (i) identify RTS user requirements; (ii) convey system status information to the users and obtain the input of users; and (iii) obtain system acceptance approval from the users. (C) Manner of reporting. The committee and board shall report their advice and recommendations to the Vehicle Titles and Registration Division Director. (10) County Tax Assessor-Collector Review Team. (A) The County Tax Assessor-Collector Review Team provides a forum for the review of proposed motor vehicle title and registration-related policies and procedures prior to implementation. The review team advises the department of the potential impact of such policies and procedures on the offices of Texas' County Tax Assessor-Collectors, who are the department's statutorily designated agents for motor vehicle title and registration matters. By establishing formal two-way communication, the review team provides an opportunity for partnering, thus allowing for the smoothest possible operation of Texas' motor vehicle title and registration system. (B) Duties. The team shall: (i) advise the department of the potential impact of proposed policies and procedures; and (ii) suggest changes or improvements to the department's title and registration operations. (C) Manner of reporting. The team shall report its advice and recommendations to the Vehicle Titles and Registration Division Director. (11) Texas Department of Transportation-Texas Natural Resources Conservation Council-Tax Assessor-Collector Working Group. (A) Purpose. The working group provides a forum for the implementation of the Federal Clean Air Act and House Bill 1969, 73rd Legislature, 1993, provisions concerning a motor vehicle inspection and maintenance program. By partnering in this effort, the three entities will make the implementation of the program as smooth as possible. (B) Duties. The working group shall provide advice with respect to: (i) strategies for the complete implementation of the program; (ii) the design and modifications of necessary forms; (iii) establishing methods for the collection of fees prescribed by House Bill 1969; and (iv) public awareness programs. (C) Manner of reporting. The working group shall report its advice and recommendations to the Vehicle Titles and Registration Division Director. (12) Rulemaking advisory committees. (A) Purpose. The commission, by order, may create ad hoc rulemaking advisory committees pursuant to the Government Code, Chapter 2001, sec.2001.031, for the purpose of receiving advice from experts, interested persons, or the general public with respect to contemplated rulemaking. (B) Duties. A rulemaking advisory committee shall provide advice and recommendations with respect to a specific contemplated rulemaking. (C) Manner of reporting. A rulemaking advisory committee shall report its advice and recommendations to the division responsible for the development of the rules. (D) Duration. A rulemaking committee shall be abolished upon final adoption of rules by the commission. (13) Hydraulics and Erosion Control Laboratory Industry Advisory Committee (IAC). (A) Purpose. The IAC provides a forum through which affected industry groups and personnel may comment on and participate in the formal evaluation program for erosion control products undertaken by the Texas Department of Transportation/Texas Transportation Institute Hydraulic and Erosion Control Laboratory. Through the IAC, the department is assured that open lines of communication with affected industries are maintained. In this way, the department assures product evaluation takes place with substantive industry comment and that any erosion control materials used by the department will be of the highest possible quality. (B) Duties. The IAC shall provide advice and recommendations concerning the: (i) results of the current product evaluation cycle; and (ii) product evaluation procedures for the next available evaluation cycle. (C) Manner of reporting. The IAC shall report its advice and recommendations to the Assistant Executive Director for Field Operations. (14) Traffic Records Council (TRC). (A) Purpose. The TRC coordinates and guides the planning and implementation of various Texas traffic records systems. The overall goal of the TRC is to share information regarding the various state data bases related to traffic records, establish a mutual understanding of the overall state goal of increasing the safety and efficiency of the roadway system, and to develop strategies for continued cooperation among all state and local participants with an interest in the traffic records process. (B) Duties. The TRC shall: (i) assist the department in the coordination and guidance of the planning and implementation of the various Texas traffic records systems to improve information quality and quantity; (ii) provide recommendations concerning the implementation of a strategic plan for the improvement of the state's record systems; (iii) help transfer related information on technology and systems through meetings and forums; and (iv) provide recommendations to the various agencies on system enhancements and linkages. (C) Manner of reporting. The TRC shall report its advice and recommendations to the various participating agencies, including the department and its Traffic Operations Division. (15) Federal Highway Administration (FHWA) Electronic Data-Sharing Task Force. (A) Purpose. In cooperation with the Federal Highway Administration, the FHWA Electronic Data-Sharing Task Force is created to address opportunities for information sharing. Information-sharing is a crucial aspect of the federal-aid Highway and Motor Carrier programs for both parties, and an increasing amount of information is now being exchanged electronically. (B) Duties. The task force shall: (i) identify opportunities for information sharing between the organization; (ii) enhance electronic communication; and (iii) streamline reporting processes. (C) Manner of reporting. The task force shall report its advice and recommendations to the department's Information Resource Manager. (16) Local IVHS steering committees. (A) Purpose. Federal law encourages the expenditure of federal transportation funds to achieve improvements in the efficiency of transportation operations. A portion of these funds are specifically designated for the planning and testing of Intelligent Vehicle Highway Systems (IVHS) technologies. As part of the development and implementation of these projects, a district engineer, in conjunction with local officials, may create a steering committee to provide support for IVHS activities. Advice and recommendations expressed by a committee will foster the coordination of state and local benefit in the design, maintenance, and operation of IVHS facilities. (B) Duties. A committee shall provide advice and recommendations with respect to: (i) IVHS project priorities; (ii) the approval of projects; (iii) seeking project funding; (iv) coordinating public and private ventures; and (v) promoting IVHS at local, state, and national levels. (C) Manner of reporting. A committee shall report its advice and recommendations to the local district engineer, or his or her designee. (b) Operating procedures. (1) Membership. 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 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 subsection, a committee created under this section is abolished September 1, 1995, unless continued in existence by affirmative vote of the commission. Issued in Austin, Texas, on October 6, 1993. TRD-9329888 Diane L. Northam Legal Administrative Assistant Texas Department of Transportation Effective date: October 6, 1993 Expiration date: February 4, 1994 For further information, please call: (512) 463-8630