EMERGENCY RULESAn 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 and remaining in effect no more than 
120 days. The emergency action is renewable once for no more than 60 additional 
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 4. AGRICULTURE
PART I. Texas Department of Agriculture
CHAPTER 20. Cotton Pest Control
SUBCHAPTER C. Stalk Destruction Program
4 TAC sec.20.22
The Department of Agriculture (the department) adopts on an emergency basis, an 
amendment to sec.20.22, concerning the authorized cotton planting and stalk 
destruction dates for Pest Management Zone 1. The department is acting on behalf 
of cotton farmers in Brooks, Cameron, Hidalgo, Jim Hogg, Starr, Willacy, Zapata 
and the southern part of Kenedy County encompassing the area below an east-west 
line through Katherine and Armstrong, Texas. 
The current cotton planting deadline is March 31 and the current stalk 
destruction deadline is September 1. The cotton planting deadline will be 
extended through April 15 and the stalk destruction deadline will be extended 
through September 14. The department believes that changing the cotton planting 
and stalk destruction dates is both necessary and appropriate. 
Adverse weather conditions have created a situation compelling an immediate 
extension of the cotton planting date for all counties in Pest Management Zone 
1. The stalk destruction deadline has also been extended to allow adequate time 
for the cotton to mature prior to harvest and stalk destruction. The unusually 
heavy rains during the cotton planting period destroyed much of the cotton which 
had already been planted, and caused wet conditions which delayed completion of 
planting prior to the March 31 deadline. A failure to act to extend the cotton 
planting and stalk destruction deadlines could create a significant loss to 
Texas cotton producers and the state's economy. The department believes that 
extending the cotton planting and stalk destruction deadlines in the counties in 
Pest Management Zone 1 as requested will not result in a significant increase in 
pest populations in the zone. 
The emergency amendment to sec.20.22(a) will extend the date for cotton planting 
through April 15 and extend the stalk destruction deadline through September 14 
of this year in Brooks, Cameron, Hidalgo, Jim Hogg, Starr, Willacy, Zapata and 
the southern part of Kenedy County encompassing the area below an east-west line 
through Katherine and Armstrong, Texas. 
The amendment is adopted on an emergency basis under Texas Agriculture Code, 
sec.74.006, which provides the Texas Department of Agriculture with the 
authority to adopt rules as necessary for the effective enforcement and 
administration of Chapter 74, Subchapter A; and sec.74.004, which provides the 
department with the authority to establish regulated areas, dates and 
appropriate methods of destruction of stalks, other parts, and products of  host 
plants for cotton pests and provides the department with the authority to 
consider a request for a cotton planting extension due to adverse weather 
conditions; and the Government Code, sec.2001.34, which provides for the 
adoption of administrative rules on an emergency basis, without notice and 
comment. 

sec.20.22. Stalk Destruction Requirements.
(a) Deadlines and methods. All cotton plants in a pest management zone shall be 
destroyed, regardless of the method used, by the stalk destruction dates 
indicated for the zone. Destruction shall be accomplished by the methods 
described as follows: 
Figure: 4 TAC sec.20.22(a) 
(b)-(c) (No Change.) 
Issued in Austin, Texas, on March 31, 1997.
TRD-9704360
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: April 1, 1997
Expiration date: July 30, 1997
For further information, please call: (512) 463-7583

TITLE 43. TRANSPORTATION
PART I. Texas Department of Transportation
CHAPTER 9.Contract Management
SUBCHAPTER C.Contracting for Architectural and Engineering
43 TAC sec.sec.9.33-9.37, sec.9.39, sec.sec.9.41-9.43
The Texas Department of Transportation adopts on an emergency basis the repeals 
of sec.sec.9.33-9.37, sec.9.39, and sec.sec.9.41-9.43, and new sec.sec.9.33-9.37 
and sec.9.39, concerning contracts for architectural and engineering services. 
On December 19, 1996, the Texas Transportation Commission adopted new rules 
concerning a new precertification process for selection of architectural and 
engineering provider services thereby creating a more streamlined, cost 
efficient, and expeditious selection and contract award process for architects 
and engineers, and repealed the existing selection process. The new sections and 
repeals were scheduled to be effective April 1, 1997. The new rules specified 
that a database program would be created and implemented on April 1, 1997 to 
compile and maintain information concerning the qualifications of precertified 
providers. However, unforseen complexities in developing the automation features 
of the program prevent its implementation by the originally scheduled April 1, 
1997 date. Therefore, to allow for the continuance of the architectural and 
engineering services selection process until the new precertification and 
selection process can be implemented, it is necessary to repeal on an emergency 
basis sec.sec.9.33-9.37, sec.9.39, and sec.sec.9.41-9.43, and to simultaneously 
adopt on an emergency basis sec.sec.9.33-9.37 and sec.9.39, which were repealed 
on December 19, 1996. 
Adoption on an emergency basis is necessary in order to protect the health, 
safety, and welfare of the traveling public by avoiding the delay of critically 
needed projects involving highway construction, wetland delineation, 
environmental studies and permits, pollution abatement, protection of endangered 
species, archeological surveys, hazardous material assessments, bridge safety, 
traffic signals, and active warning devices at highway-rail crossings. 
The repeals and new sections are adopted on an emergency basis under 
Transportation Code, sec.201.101, which provides the Texas Transportation 
Commission with the authority to establish rules for the conduct of the work of 
the Texas Department of Transportation and Government Code, Chapter 2254, 
Subchapter A, the Professional Services Procurement Act, which sets forth 
requirements for selection and contracting of architectural and engineering 
services. 
sec.9.33.Notice and Letter of Interest. 
sec.9.34. Determination of the Short List.
sec.9.35. Short List Meeting, Proposals, and Evaluation. 
sec.9.36.Interviews and Evaluation. 
sec.9.37.Selection.
sec.9.39. Selection Types.
sec.9.41.Precertification.
sec.9.42. Administrative Qualification.
sec.9.43. Qualification Requirements by Work Group.
Issued in Austin, Texas, on April 1, 1997. 
TRD-9704363
Bob Jackson
General Counsel
Texas Department of Transportation
Effective date: April 1, 1997
Expiration date: July 30, 1997
For further information, please call: (512) 463-8630

43 TAC sec.sec.9.33-9.37, 9.39
The repeals and new sections are adopted on an emergency basis under 
Transportation Code, sec.201.101, which provides the Texas Transportation 
Commission with the authority to establish rules for the conduct of the work of 
the Texas Department of Transportation and Government Code, Chapter 2254, 
Subchapter A, the Professional Services Procurement Act, which sets forth 
requirements for selection and contracting of architectural and engineering 
services. 

sec.9.33. Request for Proposals and Preproposal Meetings.
(a) Notice. 
(1) Texas Register and newspapers. The department will prepare a notice 
identifying a proposed contract and a due date for providers to send letters of 
interest to the department. The department will publish this notice in the Texas 
Register and newspapers a minimum of 10 days prior to the deadline for receiving 
the letter of interest. The department will select newspapers based on general 
circulation to provide statewide distribution. 
(2) Electronic notice. The department will publish a notice containing the same 
information as the notices in the Texas Register and newspapers on an electronic 
bulletin board a minimum of 10 days prior to the deadline for receiving the 
letter of interest. 
(3) Organizations. The department will publish a quarterly statewide list of 
projected contracts for consulting engineering and architectural services and 
will furnish the list on a quarterly basis to community, business, and 
professional organizations for dissemination to their membership. 
(b) Letter of interest. Within 10 days of the publication of the notice 
concerning the contract, the provider shall send a letter of interest to the 
department notifying the department of the provider's interest in submitting a 
proposal. The department will accept a letter of interest by electronic 
facsimile. The department will notify the provider of the date for the 
preproposal meeting, if applicable, and send the provider a copy of the RFP. 
(c) Requests for proposals. An RFP will include the following proposal 
requirements: 
(1) deadline, date, location, and time for submittal; 
(2) scope of services to be provided by the department;
(3) scope of services to be provided by the provider;
(4) an outline of the proposal format and content; 
(5) any geographic constraints directly relating to the performance of the 
contract, if applicable; 
(6) description of the evaluation criteria including minimum and preferred 
qualifications; 
(7) a copy of the evaluation forms; 
(8) a standard form for a statement of intent to meet department goals for 
DBE/HUB participation in accordance with sec.9.38(a) of this title (relating to 
Contract Management) and sec.9.40 of this title (relating to Affirmative Action) 
(the department's assigned DBE/HUB participation goal for the contract will be 
stated on this form); 
(9) a debarment certification form; 
(10) a lower tier debarment certification form; 
(11) a lobbying certification/disclosure form (if federally funded); and 
(12) any special contract requirements. 
(d) Preproposal meeting. The district, division, or special office may require a 
preproposal meeting to provide an opportunity for the provider to seek 
clarification of questions concerning the contract. If a preproposal meeting is 
required, the department will not accept proposals from providers that did not 
have a representative at the preproposal meeting.

sec.9.34. Proposals.
(a) Proposal format. The proposal shall be limited to the length and contain the 
information specified in the RFP. 
(b) Receipt of proposals. All proposals must be received by the date, time, and 
place specified in the RFP. The department will not accept a proposal by 
electronic facsimile. 

sec.9.35.Proposal Evaluation. 
(a) Criteria. The DCRC will evaluate proposals based on the following criteria: 
(1) professional qualifications of firm, including subproviders;
(2) experience of the project manager, project team, and ability to commit 
resources (the project manager may not be changed without prior consent of the 
department, and performance evaluations within the last five years, involving 
any member of the proposed team, may be considered in evaluating applicable 
experience); 
(3) demonstrated understanding of the scope of services, including identifying 
which type of work will be performed by each subprovider;
(4) demonstrated understanding of applicable rules, regulations, and policies, 
and information to be gathered; and 
(5) ability to meet the schedule of the district, division, or special office. 
(b) Evaluation scale. The DCRC will assign a numerical value to the proposal 
based upon the following evaluation scale of 0 to 3 points per criterion: 
(1) 0 = does not meet minimum qualifications; 
(2) 1 = meets minimum qualifications; 
(3) 2 = meets preferred qualifications; and 
(4) 3 = exceeds preferred qualifications.

sec.9.36. Interview. 
(a) Identification of providers for interview. The department will evaluate each 
proposal and prepare a proposal evaluation summary which totals the scores from 
the proposal evaluations. The DCRC will then choose a minimum of three providers 
to interview (provided that no less than three providers have submitted 
proposals) up to 10 of those qualified from the highest ranking scores to 
interview based upon the number of proposals, qualifications, and score on the 
proposal evaluation scale. 
(b) Interview structure. The interview allows the providers to briefly address 
items within the proposal and demonstrate their understanding of the project and 
knowledge of applicable rules, regulations, codes, and special information to be 
gathered. 

sec.9.37. Selection. 
(a) Evaluation criteria. 
(1) Factors considered. The CRC will establish weighting factors to be used 
statewide for the following factors that DCRC will consider in its evaluation of 
the provider's interview: 
(A) understanding of the scope of services; 
(B) experience of the project manager and project team; and
(C) ability to meet district, division, or special office schedule, and commit 
resources. 
(2) Evaluation. The DCRC will prepare a numerical interview evaluation matrix to 
evaluate the interview based upon the following scale of 0 to 3 points: 
(A) 0 = does not meet minimum qualifications; 
(B) 1 = meets minimum qualifications; 
(C) 2 = meets preferred qualifications; and 
(D) 3 = exceeds preferred qualifications. 
(b) Short list. 
(1) Short list summary. The department will prepare a short list summary which 
will include the DCRC's ranking of qualified providers, the name of the project 
managers, the names of any subproviders included on the team, and current dollar 
volume of the providers interviewed compared to the ratio of available 
personnel. 
(2) Selection. 
(A) The DCRC will forward the ranked short list, proposals, and its 
recommendations to the CAT for approval. 
(B) The CRC will establish weighting factors to be used statewide for each of 
the following factors that the CAT will consider in selecting a provider: 
(i) professional qualifications, including the subproviders on the team; 
(ii) good faith effort commitment to meet the department's DBE/HUB goal in 
accordance with sec.9.38(a) of this title (relating to Contract Management) and 
sec.9.40 of this title (relating to Affirmative Action); 
(iii) current dollar volume of work with the department compared to the ratio of 
available personnel; and 
(iv) the DCRC ranking of qualified providers. 
(c) Notification. The department will: 
(1) prepare a letter to notify the provider selected; 
(2) prepare a letter to each of the remaining short list of providers not 
selected, naming the one selected; and 
(3) set up a meeting with the selected provider to begin contract negotiations. 
(d) Negotiations. 
(1) Selected provider. The department will enter into negotiations with the 
selected provider. The provider shall submit the information requested in the 
contract, a work outline, work schedule, and cost proposal. The provider shall 
furnish data as to professional fees as required by the department to determine 
the fairness and reasonableness of the contract price during the prenegotiation 
audit. 
(2) Contract execution. The provider shall sign the contract 35 working days 
from the date of notification to the provider. The department may grant a 30-
working day extension. An extension must be authorized before the expiration of 
the negotiation period or extension. 
(3) Selection of alternative providers. If the department is unable to execute a 
satisfactory contract containing a fair and reasonable price within the allotted 
time period with the selected provider, negotiations shall formally end with 
that provider and negotiations shall begin with the provider ranked second. 
Negotiations shall be undertaken in this sequence until a contract is made. 
(4) DBE/HUB goal documentation. The selected provider shall provide written 
documentation that the provider has met the specified DBE/HUB goal or made a 
good faith effort to meet the goal in accordance with sec.9.38(a) of this title 
(relating to Contract Management) and sec.9.40 of this title (relating to 
Affirmative Action). If the provider does not submit such documentation, the 
department will cease negotiation with the provider and enter into negotiation 
with the next provider in the order of preference for this contract. 

sec.9.39. Emergency Selection.
If the executive director of the department or his or her designee certifies in 
writing that there is good cause to believe that an emergency situation exists, 
including hazards to safety and imminent expiration of a contract on an 
incomplete project, he or she will authorize the DCRC to select a provider on an 
emergency basis. 
Issued in Austin, Texas, on April 1, 1997.
TRD-9704364
Bob Jackson
General Counsel
Texas Department of Transportation
Effective date: April 1, 1997
Expiration date: July 30, 1997
For further information, please call: (512) 463-8630