HLS 25RS-648 ORIGINAL
2025 Regular Session
HOUSE BILL NO. 528
BY REPRESENTATIVE BOURRIAQUE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
TRANSPORTATION DEPT: Reforms the organizational structure for the Department of
Transportation and Development including its duties, powers, and responsibilities
of officers and employees
1 AN ACT
2To amend and reenact R.S. 36:501(B) and (C)(1), 502(A) and (B), 503, 504(A)(2) and (8),
3 505, 506(A), 507, 508(A) through (D) and (F) and (G), 508.1, 508.2(A), (B), (D),
4 and (F), and 508.3(A)(2) and (3) and to enact R.S. 36:4(B)(38), 501(C)(3), 504(B)(6)
5 and (7), 505(C) through (E), 506(E) through (G), 508(H) through (L), and 508.2(G)
6 through (I), relative to the Louisiana Highway Construction Authority, to add the
7 office of transformation and the office of project management to the composition of
8 the Department of Transportation and Development; to reconstruct the functions,
9 powers, and duties of officers of the department; to change the appointing authority
10 of certain officials; to designate unclassified subordinates; to require the office of
11 engineering to operate under the supervision of the office of project management;
12 to designate certain powers and duties to the assistant secretary for project
13 management; to remove the powers and duties of the office of planning; to create
14 districts within the office of operations; and to provide for related matters.
15Be it enacted by the Legislature of Louisiana:
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1 Section 1. R.S. 36:501(B) and (C)(1), 502(A) and (B), 503, 504(A)(2) and (8), 505,
2506(A), 507, 508(A) through (D) and (F) and (G), 508.1, 508.2(A), (B), (D), and (F), and
3508.3(A)(2) and (3) are hereby amended and reenacted and R.S. 36:4(B)(38), 501(C)(3),
4504(B)(6) and (7), 505(C) through (E), 506(E) through (G), 508(H) through (L), and
5508.2(G) through (I) are hereby enacted to read as follows:
6 §4. Structure of executive branch of state government
7 * * *
8 B. The office of the governor shall be in the executive branch of state
9 government. The governor may allocate within his office the powers, duties, funds,
10 functions, appropriations, responsibilities, and personnel of the agencies within his
11 office and provide for the administration thereof and for the organization of his
12 office. The following agencies and their powers, duties, functions, and
13 responsibilities are hereby transferred to the office of the governor:
14 * * *
15 (38) Louisiana Highway Construction Authority.
16 * * *
17 §501. Department of Transportation and Development; creation; domicile;
18 composition; purposes and functions
19 * * *
20 B. The Department of Transportation and Development, through its offices
21 and officers, shall be responsible for developing and implementing programs to
22 assure adequate, safe, and efficient transportation and other public works facilities
23 and services in the state in accordance with the transfer of agencies and functions
24 made by this Chapter. The department shall develop and implement programs in all
25 areas of transportation, including highways, airports, waterways, flood protection,
26 and mass transit, as well as public works activities, in accordance with such transfers.
27 C.(1) The Department of Transportation and Development shall be
28 composed of the executive office of the secretary, the office of transformation, the
29 office of management and finance, the office of engineering, the office of planning
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1 project management, the office of operations, the office of multimodal commerce,
2 and such other offices as shall be created by law.
3 * * *
4 (3) Notwithstanding any other provision of law to the contrary, the House
5 and Senate committees on Transportation, Highways and Public Works shall meet
6 jointly to vote and approve the transfer of any function or duty of the department to
7 the Louisiana Highway Construction Authority.
8 * * *
9 §502. Officers of the department; compensation for one office only
10 A.(1) The officers of the department shall be the secretary, undersecretary,
11 deputy secretary, chief engineer, assistant secretary of planning project management,
12 commissioner of multimodal commerce, and assistant secretary of operations, each
13 of whom shall be selected and shall perform functions as provided in this Title.
14 (2) The secretary, undersecretary, deputy secretary, assistant secretary of
15 planning project management, assistant secretary of operations, executive director
16 of the Offshore Terminal Authority, commissioner of multimodal commerce, and
17 their direct reports and the direct reports of such other positions which may be
18 authorized by the State Civil Service Commission or the state constitution shall be
19 the only unclassified positions in the Department of Transportation and
20 Development. All other positions in the department shall may be in the classified
21 state service. The secretary shall fill such positions as in his opinion and judgment
22 are necessary to the operation of the department in accordance with applicable rules
23 and regulations of the State Civil Service Commission and applicable law.
24 B. No person serving as a secretary, undersecretary, deputy secretary, chief
25 engineer, assistant secretary of planning project management, assistant secretary of
26 operations, commissioner of multimodal commerce, or in any other office in the
27 department shall receive any additional salary from the state other than that salary
28 which he receives by virtue of serving in any one of such offices. Any statewide
29 elected official appointed to serve as a secretary or deputy secretary shall not receive
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1 any additional salary from the state other than that salary which he receives as a
2 statewide elected official.
3 * * *
4 §503. Secretary of transportation and development
5 There shall be a secretary of transportation and development who shall be
6 appointed by the governor with consent of the Senate. He shall serve at the pleasure
7 of the governor at a salary fixed by the governor,which salary shall not exceed the
8 amount approved for such position by the legislature while in session. He shall be
9 the appointing authority for the department in accordance with civil service rules and
10 regulations. The secretary shall serve as the executive head and chief administrative
11 officer of the Department of Transportation and Development and shall have the
12 responsibility for the policies of the department, except as specifically provided for
13 particular agencies transferred to or placed within the department by other provisions
14 of this Title. He shall also be responsible for the administration, control, and
15 operation of the functions, programs, and affairs of the department; provided that the
16 secretary shall perform his functions under the general control and supervision of the
17 governor.
18 §504. Powers and duties of secretary of transportation and development
19 A. In addition to the functions, powers, and duties otherwise vested in the
20 secretary by law, he shall:
21 * * *
22 (2) Determine the policies of the department, except as specifically provided
23 for agencies transferred to the department as otherwise provided in this Title.
24 * * *
25 (8) Provide for the ongoing merger and consolidation of the agencies and
26 functions transferred to his department as may be enacted by the legislature or
27 pursuant to R.S. 36:501(C)(3) and submit a report thereon to the governor and the
28 legislature, which report shall accompany the budget statement which he submits
29 under provisions of R.S. 39:33. Such report shall include a statement of the goals of
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1 the department and to the programs thereof and shall summarize the
2 accomplishments of the department in meeting such goals and implementing such
3 programs. The report shall also contain a specific statement of the reorganization
4 and consolidation plan for the department for the next year and shall include a report
5 on the implementation of such reorganization and consolidation plan for the previous
6 year. The report concerning reorganization shall specifically detail the extent to
7 which the department has achieved goals stated the previous year with respect to
8 merger and consolidation of functions, abolition of agencies, consolidation of
9 offices, elimination of job positions, and efficiency and economy in delivery of
10 services. The report shall contain any recommendations with respect to
11 reorganization which may require legislative action under the provisions of this Title.
12 A copy of the report and recommended legislation shall also be submitted by the
13 secretary to the presiding officer of both houses of the legislature. The presiding
14 officer shall refer the report to the appropriate committee having jurisdiction of the
15 subject matter as provided in the rules of the respective house.
16 * * *
17 B. The secretary shall have authority to:
18 * * *
19 (6) Eliminate positions within the department deemed to be unnecessary in
20 fulfilling the goals of the office of transformation.
21 (7) Transfer any departmental function to the Louisiana Highway
22 Construction Authority.
23 §505. Deputy secretary; functions; office of transformation
24 A. There may shall be a deputy secretary of the department, who shall be
25 appointed by the secretary governor and shall serve as the appointing authority for
26 the office of transformation. He shall serve at the pleasure of the secretary governor
27 at a salary fixed by the governor, which salary shall not exceed the amount approved
28 for such position by the legislature while in session. The duties and functions of the
29 deputy secretary shall be determined to oversee the office of transformation which
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1 shall include all duties, responsibilities, and authorities necessary and lawful to
2 optimize the department and those otherwise assigned by the secretary. The deputy
3 secretary shall manage all of the day-to-day oversight and authority of the
4 department, except that of the office of the secretary. He shall serve as acting
5 secretary in the absence of the secretary.
6 B. If the position of deputy secretary is not filled during the absence of the
7 secretary, the secretary may designate either the undersecretary or the chief engineer
8 assistant secretary for project management to serve as acting secretary in his absence.
9 The secretary shall notify the governor in writing of his temporary appointment of
10 an acting secretary in his absence. The governor shall have the full authority to
11 revoke the appointment. In no event shall the temporary appointment exceed thirty
12 days in length, except with the specific written approval of the governor. The
13 governor may appoint a temporary secretary to act in the absence or incapacity of the
14 secretary if an acting secretary has not been appointed.
15 C. The deputy secretary shall assess all of the department's reports and
16 submit one single report to the legislature annually.
17 D. The office of transformation shall only employ unclassified employees
18 and shall manage the employees in accordance with the rules and regulations for
19 unclassified employees.
20 E. The office of transformation shall be fully empowered to plan and execute
21 the transfer of any function or associated contracts of the department to the Louisiana
22 Highway Construction Authority.
23 §506. Undersecretary; functions; office of management and finance
24 A. There shall be an undersecretary of the Department of Transportation and
25 Development who shall be appointed by the governor. He shall serve at the pleasure
26 of the secretary at a salary fixed by the governor, which salary shall not exceed the
27 amount approved for such position by the legislature while in session, and shall
28 receive an annual salary payable monthly out of funds appropriated therefor, and
29 shall be allowed his actual necessary traveling expenses incurred in the discharge of
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1 his official duties. The undersecretary shall be directly responsible to and shall
2 perform his functions under the supervision and control of the secretary.
3 * * *
4 E.(1) The undersecretary shall ensure that no direct or indirect costs
5 associated with any full or part-time employee of the department is funded in the
6 capital budget. The capital budget shall exclusively include costs that are directly
7 associated with construction, such as land acquisition and right-of-way costs,
8 construction engineering, construction and reconstruction, resurfacing, rehabilitation,
9 and restoration, system preservation, and installation or modification of traffic
10 service facilities. The undersecretary shall itemize costs in the capital budget to
11 maximize the legislature's and the public’s understanding and awareness of the
12 department’s capital budget.
13 (2) The undersecretary shall ensure that no direct or indirect costs associated
14 with construction pursuant to Paragraph (1) of this Subsection, are included in the
15 operating budget. The operating budget shall clearly and concisely itemize every
16 cost associated with past and present employees of the department. All other costs
17 in the operating budget shall be separated and itemized apart from those associated
18 with past or present employees of the department.
19 (3) The Transportation Trust Fund and the Construction Subfund shall be a
20 prohibited means of financing for all costs associated with past and present
21 employees of the department effective July 1, 2026.
22 F. The undersecretary shall be fully empowered to facilitate the transfer of
23 any departmental functions to the Louisiana Highway Construction Authority
24 including but not limited to uninhibited authority to issue interagency transfers and
25 eliminate positions within the department associated with such transfer of functions.
26 G. In the event of budgetary layoffs, the undersecretary shall consult with
27 each assistant secretary of the department and, in consultation with the secretary, and
28 the secretary of the office of transformation, initiate and execute layoffs in a manner
29 that minimizes impacts to services to the public.
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1 §507. Department; purposes and functions
2 A. The secretary, or in his discretion a an unclassified subordinate or
3 unclassified subordinates appointed in writing by him, shall administer the programs
4 of the state relating to and affecting aeronautics and aviation facilities within the
5 state; the development and establishment of public mass transit, railroad, and water
6 transportation systems; and other special transportation programs as may be directed
7 by the secretary.
8 B. The secretary, or in his discretion a an unclassified subordinate or
9 unclassified subordinates appointed by him, shall administer the programs of the
10 state relating to the establishment, design, construction, extension, improvement,
11 repair, maintenance, and regulation of roads, highways, expressways, bridges, and
12 matters pertaining thereto. The secretary or his designated unclassified subordinate
13 shall develop, prepare, and finalize the annual highway construction program
14 authorized by Act 334 of 1974.
15 C. The secretary, or in his discretion a an unclassified subordinate or
16 unclassified subordinates appointed in writing by him, shall perform the public
17 works functions of the state, related to flood and drainage control, the flood plain
18 management program, reclamation, water resources, soil conservation, land
19 surveying and mapping, disaster relief, and related functions.
20 D. The secretary, or in his discretion a an unclassified subordinate or
21 unclassified subordinates appointed in writing by him, shall perform the functions
22 necessary to develop the state's multimodal transportation and development plan.
23 E. The secretary is hereby granted full power and authority to delegate,
24 assign, or appoint in his discretion any unclassified subordinate to perform any
25 function or duties required by law to be performed by the department, except as
26 specifically provided in this Title. This grant of power and authority shall be
27 liberally construed to effectuate the purposes of this Chapter.
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1 F. No unclassified subordinate who has been delegated programs, powers,
2 duties, or other responsibilities by the secretary shall have the authority to delegate
3 those or other responsibilities to any other employee of the department.
4 §508. Office of engineering project management; functions; chief engineer assistant
5 secretary; powers and duties
6 A. There is hereby created within the Department of Transportation and
7 Development, the office of engineering project management, which shall administer
8 engineering matters related to the state's highway program with respect to project
9 development, design, construction, maintenance, extension, improvement, and
10 regulation of roads, highways, expressways, bridges, and related matters, and any
11 other special highway engineering program as may be directed by the secretary. The
12 office shall also administer the public works functions of the state related to flood
13 and drainage control, reclamation, water resources, soil conservation, mapping,
14 disaster relief, and related matters, the state's participation in the National Flood
15 Insurance Program, 42 U.S.C. 4001 et seq., and other special programs as may be
16 directed by the secretary.
17 B. The office of engineering project management shall be under the
18 immediate supervision of the chief engineer assistant secretary, who shall be an
19 unclassified employee appointed by the secretary. The chief engineer assistant
20 secretary shall serve at the pleasure of the secretary in accordance with civil service
21 rules for unclassified employees. The chief engineer assistant secretary shall be a
22 competent engineer of recognized ability and standing who is experienced in the
23 engineering duties of the department. He shall may be licensed to practice civil
24 engineering in Louisiana. The chief engineer assistant secretary shall give his whole
25 time to the duties of his office.
26 C. The chief engineer assistant secretary shall have authority subject to
27 approval of the secretary and in accordance with applicable rules and regulations of
28 the civil service commission to employ, appoint, transfer, assign, and promote such
29 personnel as is necessary for the efficient administration of the office of engineering
30 project management.
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1 D. The chief engineer assistant secretary shall receive an annual salary fixed
2 by the secretary in accordance with civil service rules for unclassified employees,
3 payable monthly out of funds appropriated therefor and shall be allowed his actual
4 and necessary traveling expenses incurred in the discharge of his official duties.
5 * * *
6 F. The chief engineer assistant secretary shall approve all plans,
7 specifications, and estimates for the construction of all facilities and projects for
8 which his office is responsible. He also shall have such other duties as may be
9 assigned to him by the secretary, by the provisions of this Chapter, or by the laws of
10 this state. He shall report the proceedings of his office annually to the secretary of
11 the department and at such other times as the secretary may designate, and he shall
12 make any additional reports as are required by the secretary.
13 G. The assistant secretary shall be prohibited from delegating any powers,
14 duties, or responsibilities to classified subordinates. The secretary or the chief
15 engineer assistant secretary with approval of the secretary may designate a an
16 unclassified licensed engineer in the office of engineering project management to
17 perform any duties required of the chief engineer when the chief engineer assistant
18 secretary is absent or incapacitated.
19 H. The assistant secretary shall administer the planning and programming
20 matters of the department related to strategic and intermodal issues, highways, bridge
21 and pavement management, data collection and analysis, congestion, safety, aviation,
22 public transportation, public mass transit, and railroad and water transportation
23 systems, and related matters, and any other special programs as may be directed by
24 the secretary, until the Louisiana Highway Construction Authority notifies the
25 department of its readiness to receive and administer such duties.
26 I. The secretary is specifically authorized and empowered to perform any of
27 the duties of the assistant secretary when the assistant secretary is absent or
28 incapacitated or when in the opinion of the secretary it would be in the best interest
29 of the department. The assistant secretary, with approval of the secretary, may
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1 designate any unclassified member of the senior staff to perform any duties required
2 of the assistant secretary.
3 J. It shall be unlawful to require positions within the office of project
4 management to be filled by professional licensed engineers unless more than sixty
5 percent of responsibilities require licensure by the Louisiana Professional
6 Engineering and Land Surveying Board of Examiners.
7 K. The strategic mission of the assistant secretary shall be to, whenever
8 possible, employ individuals skilled in project management and contract
9 management who are not also licensed professional engineers.
10 L. The assistant secretary and the unclassified direct reports under his
11 direction shall maximize to the fullest extent possible the privatization of services
12 and functions within the office.
13 §508.1. Office of planning; functions; assistant secretary; powers and duties
14 A. There is hereby created within the Department of Transportation and
15 Development, the office of planning, which shall administer the planning and
16 programming matters of the department related to strategic and intermodal issues,
17 highways, bridge and pavement management, data collection and analysis,
18 congestion, safety, aviation, public transportation, public mass transit, and railroad
19 and water transportation systems, and related matters, and any other special
20 programs as may be directed by the secretary.
21 B. The office of planning shall be under the immediate supervision of the
22 assistant secretary, who shall be appointed by the governor and shall serve at the
23 pleasure of the secretary. The assistant secretary shall be a competent engineer or
24 an urban or regional transportation planner of recognized ability and standing who
25 is familiar with the operations of public transportation departments and who, at a
26 minimum, has earned a bachelor's degree. The assistant secretary shall give his
27 whole time to the duties of his office.
28 C. The assistant secretary shall have authority subject to approval of the
29 secretary and in accordance with applicable rules and regulations of the civil service
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1 commission to employ, appoint, transfer, assign, and promote such personnel as is
2 necessary for the efficient administration of the office of planning and programming.
3 D. The assistant secretary shall receive an annual salary fixed by the
4 governor, which salary shall not exceed the amount approved for such position by
5 the legislature while in session, payable monthly out of funds appropriated therefor
6 and shall be allowed his actual and necessary traveling expenses incurred in the
7 discharge of his official duties.
8 E. The assistant secretary shall administer all department functions and
9 duties for which the office of planning is responsible. He shall also have such other
10 duties as may be assigned to him by the secretary, by the provisions of this Chapter,
11 or by the laws of this state. He shall report the proceedings of his office annually to
12 the secretary of the department and at such other times as the secretary may
13 designate, and he shall make any additional reports as are required by the secretary.
14 F. The secretary is specifically authorized and empowered to perform any
15 of the duties of the assistant secretary when the assistant secretary is absent or
16 incapacitated or when in the opinion of the secretary it would be in the best interest
17 of the department. The assistant secretary with approval of the secretary may
18 designate a member of the senior staff in the office of planning to perform any duties
19 required of the assistant secretary.
20 §508.2. Office of operations; functions; assistant secretary, powers and duties
21 A. There is hereby created within the Department of Transportation and
22 Development, the office of operations, which shall administer all matters related to
23 the operations of the department's district offices, the Crescent City Connection
24 Bridge, the Sunshine Bridge, and other matters as may be directed by the secretary.
25 B. The office of operations shall be under the immediate supervision of the
26 assistant secretary, who shall be appointed by the governor and shall serve at the
27 pleasure of the secretary. The assistant secretary shall be a competent engineer
28 professional in organizational operations of recognized ability and standing who is
29 experienced in the operations of the department. He shall be licensed to practice
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1 engineering in Louisiana. The assistant secretary shall give his whole time to the
2 duties of his office.
3 * * *
4 D. The assistant secretary shall receive an annual salary fixed by the
5 governor secretary, which salary shall not exceed the amount approved for such
6 position by the legislature while in session, payable monthly out of funds
7 appropriated therefor and shall be allowed his actual and necessary traveling
8 expenses incurred in the discharge of his official duties.
9 * * *
10 F. The secretary is specifically authorized and empowered to perform any
11 of the duties of the assistant secretary when the assistant secretary is absent or
12 incapacitated or when in the opinion of the secretary it would be in the best interest
13 of the department. The assistant secretary with approval of the secretary may
14 designate a licensed engineer an unclassified senior staff member in the office of
15 operations to perform any duties required of the assistant secretary.
16 G. There shall be nine district offices within the office of operations each led
17 by an unclassified district administrator who shall report directly to the assistant
18 secretary. The district offices shall have jurisdictions based on parish boundaries as
19 follows:
20 (1) Shreveport office, referred to as District A, shall consist of Caddo,
21 Bossier, Webster, Claiborne, Bienville, Red River, and DeSoto parishes.
22 (2) Monroe office, referred to as District B, shall consist of Union,
23 Morehouse, West Carroll, East Carroll, Lincoln. Jackson, Ouachita, Richard, and
24 Madison parishes.
25 (3) Alexandria office, referred to as District C, shall consist of Sabine,
26 Natchitoches, Winn, Grant, Vernon, Rapides, and Avoyelles parishes.
27 (4) Chase office, referred to as District D, shall consist of Caldwell, Franklin,
28 Tensas, LaSalle, Catahoula, and Concordia parishes.
29 (5) Lake Charles office, referred to as District E, shall consist of Beauregard,
30 Allen, Calcasieu, Jefferson Davis, and Cameron parishes.
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1 (6) Lafayette office, referred to as District F, shall consist of Evangeline, St.
2 Landry, Acadia, Lafayette, St. Martin, Vermillion, Iberia, and St. Mary parishes.
3 (7) Baton Rouge office, referred to as District G, shall consist of Pointe
4 Coupee, West Feliciana, East Feliciana, Iberville, West Baton Rouge, East Baton
5 Rouge, Ascension, Assumption, and St. James parishes.
6 (8) Hammond office, referred to as District H, shall consist of St. Helena,
7 Tangipahoa, Washington, Livingston, St. John the Baptist, and St. Tammany
8 parishes.
9 (9) New Orleans office, referred to as District I, shall consist of Terrebonne,
10 Lafourche, St. Charles, Jefferson, Orleans, Plaquemines, and St. Bernard parishes.
11 H. The assistant secretary shall oversee each district administrator and
12 district office and his responsibilities shall include but not be limited to the
13 following:
14 (1) Ensuring that resources for the office of operations are appropriately
15 divided between the district offices based on the unique state infrastructure attributes
16 of each district.
17 (2) Requiring unclassified district administrators adhere to uniform policies
18 and procedures relative to interfacing and doing business with both construction and
19 engineering contractors.
20 (3) Empowering unclassified district administrators to set goals and priorities
21 within the budget for each district.
22 I. The assistant secretary and the unclassified district administrators under
23 his direction shall maximize to the fullest extent possible the privatization of services
24 within the districts.
25 §508.3. Office of multimodal commerce; functions; commissioner; deputy
26 commissioner; powers and duties
27 A.
28 * * *
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1 (2) The office shall advise the office of planning project management on
2 intermodal issues and implement the master plan as it relates to intermodal
3 transportation.
4 (3) Notwithstanding Paragraph (1) of this Subsection, any powers, duties,
5 responsibilities and corresponding department employees, equipment, facilities, and
6 funding of the Department of Transportation and Development with respect to
7 federal programs on rail safety and the administration of federal rail safety and
8 hazard mitigation funds and the like shall remain with the office of engineering
9 project management of the Department of Transportation and Development.
10 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 528 Original 2025 Regular Session Bourriaque
Abstract: Reforms the organizational structure for the Department of Transportation and
Development and provides for the duties, powers, and responsibilities of officers and
employees.
Proposed law (R.S.36:4(B)(38)) adds the La. Highway Construction Authority (LHCA) to
the list of agencies in which the governor may allocate certain powers, duties, functions, and
responsibilities.
Present law (R.S. 36:501(B)) requires the Dept. of Transportation and Development
(DOTD), through its offices and officers, to be responsible for developing and implementing
programs to assure adequate, safe, and efficient transportation and other public works
facilities and services in the state in accordance with the transfer of agencies and functions
made by present law. Additionally, requires the DOTD to develop and implement programs
in all areas of transportation, including highways, airports, waterways, flood protection, and
mass transit, as well as public works activities, in accordance with such transfers.
Proposed law removes the requirement for the DOTD to comply with standard provisions
governing the transfer of agencies and functions in present law for the development and
implementation of certain transportation related programs.
Present law (R.S. 36:501(C)(1)) requires that the DOTD be composed of the executive office
of the secretary, the office of management and finance, the office of engineering, the office
of planning, the office of operations, the office of multimodal commerce, and such other
offices to be created by law.
Proposed law removes the office of planning from the composition of the DOTD and instead
requires that the DOTD be composed of the office of transformation and the office of project
management, but otherwise retains present law.
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Proposed law (R.S. 36:501(C)(3)) requires that the House and Senate committees on
Transportation, Highways and Public Works meet jointly to approve the transfer of any
function or duty of the department to the LHCA.
Present law (R.S. 36:502(A)(1)) requires the officers of the DOTD be composed of the
secretary, undersecretary, deputy secretary, chief engineer, assistant secretary of planning,
commissioner of multimodal commerce, and assistant secretary of operations, each of which
must be selected and obligated to perform functions as provided in present law.
Proposed law modifies present law by removing the chief engineer and the assistant
secretary of planning and instead adds to the officers of the DOTD, but otherwise retains
present law.
Present law (R.S. 36:502(A)(2)) requires that the secretary, undersecretary, deputy secretary,
assistant secretary of planning, assistant secretary of operations, executive director of the
Offshore Terminal Authority, commissioner of multimodal commerce, and such other
positions which may be authorized by the State Civil Service Commission or the state
constitution be the only unclassified positions in the DOTD. Additionally, requires other
positions in the DOTD be in the classified state service. Further, requires the secretary fill
such positions as in his opinion and judgment are necessary to the operation of the DOTD
in accordance with applicable rules and regulations of present law.
Proposed law removes the assistant secretary of planning from being one of the unclassified
positions in the DOTD and requires the direct reports to be unclassified positions in the
DOTD. Additionally, adds the assistant secretary of project management and allows all
other positions in the DOTD to have the discretion to be in classified state service, but
otherwise retains present law.
Present law (R.S. 36:502(B)) specifies that no persons serving as a secretary, undersecretary,
deputy secretary, chief engineer, assistant secretary of planning, assistant secretary of
operations, commissioner of multimodal commerce, or in any other office in the DOTD must
receive any additional salary from the state other than that salary which he receives by virtue
of serving in any one of such offices. Additionally, specifies that any statewide elected
official appointed to serve as a secretary or deputy secretary cannot receive any additional
salary from the state other than that salary which he receives as a statewide elected official.
Proposed law removes the assistant secretary of planning and adds the assistant secretary of
project management, but otherwise retains present law.
Present law (R.S. 36:503) requires there to be a secretary of transportation and development
appointed by the governor with consent of the Senate and serves at the pleasure of the
governor at a fixed salary, not to exceed the amount approved for such position by the
legislature while in session. Additionally, specifies that he is the appointing authority for
the DOTD in accordance with present law. Further, requires the secretary serve as the
executive head and chief administrative officer of the DOTD and has the responsibility for
the policies of the department, except as specifically provided for particular agencies
transferred to or placed within the department by present law and also be responsible for the
administration, control, and operation of the functions, programs, and affairs of the DOTD;
provided that the secretary perform his functions under the general control and supervision
of the governor.
Proposed law removes the limitation on the salary of the gubernatorial appointment.
Present law (R.S. 36:504(A)(2) and (8)) requires that in addition to the functions, powers,
and duties vested in the secretary by law, the secretary must do the following:
(1)Determine the policies of the DOTD, except as specifically provided for agencies
transferred to the DOTD as otherwise provided in present law.
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(2)Provide for the ongoing merger and consolidation of the agencies and functions
transferred to his dept. and submit a report to the governor and the legislature, which
report must accompany the budget statement which he submits under provisions of
Present law. Specifies that the report must include a statement of the goals of the
DOTD and to the programs and must summarize the accomplishments of the DOTD
in meeting such goals and implementing such programs. Specifies that the report
must also contain a specific statement of the reorganization and consolidation plan
for the DOTD for the next year and include a report on the implementation of such
reorganization and consolidation plan for the previous year. Requires the report
concerning reorganization detail the extent to which the department has achieved
goals stated the previous year with respect to merger and consolidation of functions,
abolition of agencies, consolidation of offices, elimination of job positions, and
efficiency and economy in delivery of services. Requires the report contain any
recommendations with respect to reorganization which may require legislative action
under the provisions of present law. Requires a copy of the report and recommended
legislation be submitted by the secretary to the presiding officer of both houses of
the legislature. Requires the presiding officer refer the report to the appropriate
committee having jurisdiction of the subject matter as provided in the rules of the
respective house.
Proposed law requires that only the secretary determines the policies of the DOTD and
provide for ongoing merger and consolidation of the agencies and functions transferred to
his dept. and removes present law.
Proposed law (R.S. 36: 504(B)(6) and (7)) allows the secretary to have the authority to,
except as otherwise specifically provided in present law, to eliminate positions within the
DOTD deemed unnecessary in fulfilling the goals of the office of transformation and to
transfer any departmental function to the LHCA.
Present law (R.S. 36:505(A)) authorizes a deputy secretary of the DOTD, who must be
appointed by the secretary. Further, specifies that the deputy secretary serves at the pleasure
of the secretary at a salary fixed by the governor, which salary must not exceed the amount
approved for such position by the legislature while in session. Additionally, requires the
duties and functions of the deputy secretary be determined and assigned by the secretary who
must serve as acting secretary in the absence of the secretary.
Proposed law requires a deputy secretary be appointed by the governor who serves as the
appointing authority for the office of transformation. Additionally, requires the deputy
secretary serve at the pleasure of the governor at a salary fixed by the governor. Further,
requires the duties and functions of the deputy secretary be to oversee the office of
transformation and its duties, responsibilities, and authorities necessary to optimize the
DOTD and those otherwise assigned by the secretary, and manage all day-to-day oversight
and authority of the DOTD excluding the office of secretary.
Present law (R.S. 36:505(B)) specifies that if the position of deputy secretary is not filled
during the absence of the secretary, the secretary can designate the undersecretary or the
chief engineer to serve as acting secretary in his absence. Additionally, requires that the
secretary notify the governor in writing of his temporary appointment of an acting secretary
in his absence. Further, specifies that the governor has the full authority to revoke the
appointment and in no event will the temporary appointment exceed 30 days in length,
except with the specific written approval of the governor. Allows the governor to appoint
a temporary secretary to act in the absence or incapacity of the secretary if an acting
secretary has not been appointed.
Proposed law removes the chief engineer and adds the assistant secretary for project
management as an option for the secretary to designate to the position of deputy secretary.
Proposed law (R.S. 36:505(C) - (E)) requires the deputy secretary to assess all of the DOTD
reports and annually submit one single report to the legislature. Additionally, requires that
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the office of transformation employ only unclassified employees and manage the employees
under the unclassified employees rules and regulations. Further, requires the office of
transformation be fully empowered to plan and execute the transfer of any function or
associated contracts of the DOTD to the LHCA.
Present law (R.S. 36:506(A)) requires that an undersecretary of the DOTD be appointed by
the governor and serve at the pleasure of the secretary at a salary fixed by the governor, not
exceed the amount approved for such position by the legislature while in session, and receive
an annual salary payable monthly out of funds appropriated, and be allowed the actual
necessary traveling expenses incurred in the discharge of his official duties. Additionally,
requires the undersecretary be directly responsible to and perform his functions under the
supervision and control of the secretary.
Proposed law removes the salary limitations applicable to the gubernatorial appointment.
Proposed law (R.S. 36:506(E)(1)) requires the undersecretary ensure that no direct or
indirect costs associated with any full or part-time employee of the DOTD is funded in the
capital budget. Further, requires the capital budget include costs that are directly associated
with construction, such as land acquisition and right-of-way costs, construction engineering,
construction and reconstruction, resurfacing, rehabilitation, and restoration, system
preservation, and installation or modification of traffic service facilities. Additionally,
requires the undersecretary itemize costs in the capital budget to maximize the Legislature's
and public's understanding and awareness of the department's capital budget.
Proposed law (R.S. 36:506(E)(2)) requires the undersecretary ensure that no direct or
indirect costs associated with construction pursuant to proposed law, are included in the
operating budget. Further, requires the operating budget clearly and concisely itemize every
cost associated with past and present employees of the DOTD and all other costs in the
operating budget be separated and itemized apart from those associated with past or present
employees of the DOTD.
Proposed law (R.S. 36:506(E)(3)) specifies that the Transportation Trust Fund and the
Construction Subfund be a prohibited means of financing for all costs associated with past
and present employees of the department effective July 1, 2026.
Proposed law (R.S. 36:506(F)) requires the undersecretary be fully empowered to facilitate
the transfer of any departmental functions to the LHCA, including but not limited to
uninhibited authority to issues interagency transfers and eliminate positions within the dept.
associated with such transfer of functions.
Proposed law (R.S. 36:506(G)) specifies that in the event of budgetary layoffs, the
undersecretary must consult with each assistant secretary of the DOTD and, in consultation
with the secretary, initiate and execute layoffs in a manner that minimizes impacts to
services to the public.
Present law (R.S. 36:507(A)) requires that the secretary, or in his discretion a subordinate
or subordinates appointed in writing by him, administer the programs of the state relating
to and affecting aeronautics and aviation facilities within the state; the development and
establishment of public mass transit, railroad, and water transportation systems; and other
special transportation programs as may be directed by the secretary.
Proposed law specifies that the subordinates are unclassified, but otherwise retains present
law.
Present law (R.S. 36:507(B)) requires that the secretary, or in his discretion a subordinate
or subordinates appointed by him, to administer the programs of the state relating to the
establishment, design, construction, extension, improvement, repair, maintenance, and
regulation of roads, highways, expressways, bridges, and matters pertaining thereto.
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Additionally, requires the secretary or his designated subordinate develop, prepare, and
finalize the annual highway construction program authorized by present law.
Proposed law specifies that the subordinates are unclassified, but otherwise retains present
law.
Present law (R.S. 36:507(C)) requires that the secretary, or in his discretion a subordinate
or subordinates appointed in writing by him, perform the public works functions of the state,
related to flood and drainage control, the flood plain management program, reclamation,
water resources, soil conservation, land surveying and mapping, disaster relief, and related
functions.
Proposed law specifies that the subordinates are unclassified, but otherwise retains present
law.
Present law (R.S. 36:507(D)) requires that the secretary, or in his discretion a subordinate
or subordinates appointed in writing by him, perform the functions necessary to develop the
state's multimodal transportation and development plan.
Proposed law specifies that the subordinates are unclassified, but otherwise retains present
law.
Present law (R.S. 36:507(E)) specifies that the secretary is granted full power and authority
to delegate, assign, or appoint in his discretion any subordinate to perform any function or
duties required by law to be performed by the DOTD, except as specifically provided in this
Title. Further specifies that this grant of power and authority must be liberally construed to
effectuate the purposes of present law.
Proposed law specifies that the secretary, or in his discretion an unclassified subordinate
appointed by him has the power perform and administer the duties listed in present law.
Proposed law (R.S. 36:507(F)) specifies that no unclassified subordinate who has been
delegated programs, powers, duties, or other responsibilities by the secretary has the
authority to those or other responsibilities to any other employee of the department.
Present law (R.S. 36:508(A)) created within the DOTD, the office of engineering, to
administer engineering matters related to the state's highway program with respect to project
development, design, construction, maintenance, extension, improvement, and regulation
of roads, highways, expressways, bridges, and related matters, and any other special
highway engineering program as may be directed by the secretary. Additionally, requires
the office administer the public works functions of the state related to flood and drainage
control, reclamation, water resources, soil conservation, mapping, disaster relief, and related
matters, the state's participation in the National Flood Insurance Program, and other special
programs as directed by the secretary.
Proposed law removes the office of engineering and adds the office of project management,
but otherwise retains present law.
Present law (R.S. 36:508(B)) requires the office of engineering to be under the immediate
supervision of the chief engineer, who must be appointed by the secretary. Additionally.
requires the chief engineer serve at the pleasure of the secretary in accordance with present
law. Further, requires the chief engineer to be a competent engineer of recognized ability
and standing who is experienced in the engineering duties of the department and licensed to
practice civil engineering in La. and must give his whole time to the duties of his office.
Proposed law modifies present law by requiring the office of project management to be
under the immediate supervision of the assistant secretary and requires his position to be
unclassified. Additionally, requires the assistant secretary to serve at the pleasure of the
secretary in accordance with proposed law for unclassified employees. Further, requires the
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assistant secretary to give his whole life to the duties of the office, and makes it optional for
the assistant secretary to be licensed to practice civil engineering in La.
Present law (R.S. 36:508(C)) requires the chief engineer have authority subject to approval
of the secretary and in accordance with applicable rules and regulations of the civil service
commission to employ, appoint, transfer, assign, and promote such personnel as is necessary
for the efficient administration of the office of engineering.
Proposed law modifies present law by requiring the assistant secretary to have authority
subject to approval of the secretary in accordance to present law as necessary as for the
efficient administration of the office of project management.
Present law (R.S. 36:508(D)) requires the chief engineer receive an annual salary fixed in
accordance with civil service rules, payable monthly out of funds appropriated therefor and
be allowed his actual and necessary traveling expenses incurred in the discharge of his
official duties.
Proposed law modifies present law by requiring that the assistant secretary receive an annual
salary fixed by the secretary for unclassified employees.
Present law (R.S. 36:508(F)) requires the chief engineer approve all plans, specifications,
and estimates for the construction of all facilities and projects for which his office is
responsible. Specifies that he has other duties as may be assigned to him by the secretary,
by the provisions present law, or by the laws of this state. Additionally, requires he report
the proceedings of his office annually to the secretary of the DOTD and at such other times
as the secretary may designate, and make any additional reports as are required by the
secretary.
Proposed law modifies present law by requiring that the assistant secretary approve all plans,
specifications, and estimates for the construction of all facilities and projects for which his
office is responsible, and otherwise retains present law.
Present law (R.S. 36:508(G)) specifies that the secretary or the chief engineer with approval
of the secretary may designate a licensed engineer in the office of engineering to perform
any duties required of the chief engineer when the chief engineer is absent or incapacitated.
Proposed law modifies present law by prohibiting the assistant secretary from delegating any
powers, duties, or responsibilities to classified subordinates. Specifies that the secretary or
assistant secretary with approval of the secretary may designate an unclassified licensed
engineer in the office of project management to perform any duties required of the chief
engineer when the assistant secretary is absent or incapacitated.
Proposed law (R.S. 36:508(H)) requires the assistant secretary administer the planning and
programming matters of the department related to strategic and intermodal issues, highways,
bridge, and pavement management, data collection and analysis, congestion, safety, aviation,
public transportation, public mass transit, and railroad and water transportation systems and
related matters as may be directed by the secretary until the LHCA notifies the DOTD of its
readiness to receive and administer such duties.
Proposed law (R.S. 36:508(I)) allows the secretary to perform any of the duties of the
assistant secretary if he is absent or incapacitated or when in the opinion of the secretary it
would be in the best interest of the DOTD. Additionally, allows the assistant secretary, with
approval of the secretary, discretion to designate any unclassified member of the senior staff
to perform any duties required of the assistant secretary.
Proposed law (R.S. 36:508(J)) deems it unlawful to require positions within the office of
project management be filled by licensed engineers unless more than 60% of responsibilities
require licensure by the La. Professional Engineering and Land Surveying Board of
Examiners.
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Proposed law (R.S. 36:508(K)) requires the assistant secretary to, whenever possible employ
individuals skilled in project and contract management who are not licensed professional
engineers.
Proposed law (R.S. 36:508(L)) requires that the assistant secretary and the unclassified direct
reports under his direction maximize services and functions of the office.
Present law (R.S. 36:508.1) created the office of planning; functions; assistant secretary
powers and duties.
Proposed law repeals the entirety of present law.
Proposed law (R.S. 36:508.2(A)) specifies that created within the DOTD, the office of
operations, which must administer all matters related to the operations of the department's
district offices, the Crescent City Connection Bridge, the Sunshine Bridge, and other matters
as may be directed by the secretary.
Proposed law modifies present law by removing the Crescent City Connection Bridge and
the Sunshine bridge from being administered, otherwise retains present law.
Present law (R.S. 36:508.2(B)) requires that the office of operations be under the immediate
supervision of the assistant secretary, appointed by the governor and must serve at the
pleasure of the secretary. Additionally, requires the assistant secretary be a competent
engineer of recognized ability and standing who is experienced in the operations of the dept.
and licensed to practice engineering in La. Further, requires the assistant secretary give his
whole time to the duties of his office.
Proposed law requires the assistant secretary to be a competent professional in organizational
operations and removes the requirement of the assistant secretary to be licensed to practice
engineering in La.
Present law (R.S. 36:508.2(D)) requires the assistant secretary receive an annual salary fixed
by the governor, not to exceed the amount approved by the legislature while in session,
payable monthly out of funds appropriated therefor and must be allowed actual and
necessary traveling expenses incurred in the discharge of his official duties.
Proposed law modifies present law by specifying that the secretary will set the assistant
secretary's salary and removes the legislature's limitation on salary.
Present law (R.S. 36:508.2(F)) specifies that secretary is specifically authorized and
empowered to perform any of the duties of the assistant secretary when the assistant
secretary is absent or incapacitated or when in the opinion of the secretary it would be in the
best interest of the department. Further, specifies that the assistant secretary with approval
of the secretary may designate a licensed engineer in the office of operations to perform any
duties required of the assistant secretary.
Proposed law modifies present law by specifying that the assistant secretary with the
approval of the secretary may designate an unclassified senior staff member, instead of a
licensed engineer, in the office of operations to perform any duties required of the assistant
secretary.
Proposed law (R.S. 36:508.2(G)) requires that there be nine district offices within the
department of operations each led by an unclassified district administrator who is to report
directly to the assistant secretary. Further requires that the district offices have jurisdictions
based on boundaries as follows:
(1)Shreveport office, which may be referred to as District A, consisting of Caddo,
Bossier, Webster, Claiborne, Bienville, Red River, and DeSoto parishes.
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(2)Monroe office, which may be referred to as District B, consisting of Union,
Morehouse, West Carroll, East Carroll, Lincoln. Jackson, Ouachita, Richard, and
Madison parishes.
(3)Alexandria office, which may be referred to as District C, consisting of Sabine,
Natchitoches, Winn, Grant, Vernon, Rapides, and Avoyelles parishes.
(4)Chase office, which may be referred to as District D, consisting of Caldwell,
Franklin, Tensas, LaSalle, Catahoula, and Concordia parishes.
(5)Lake Charles office, which may be referred to as District E, consisting of
Beauregard, Allen, Calcasieu, Jefferson Davis, and Cameron parishes.
(6)Lafayette office, which may be referred to as District F, consisting of Evangeline, St.
Landry, Acadia, Lafayette, St. Martin, Vermillion, Iberia, and St. Mary parishes.
(7)Baton Rouge office, which may be referred to as District G, consisting of Pointe
Coupee, West Feliciana, East Feliciana, Iberville, West Baton Rouge, East Baton
Rouge, Ascension, Assumption, and St. James parishes.
(8)Hammond office, which may be referred to as District H, consisting of St. Helena,
Tangipahoa, Washington, Livingston, St. John the Baptist, and St. Tammany
parishes.
(9)New Orleans office, which may be referred to as District I, consisting of Terrebonne,
Lafourche, St. Charles, Jefferson, Orleans, Plaquemines, and St. Bernard parishes.
Proposed law (R.S. 36:508.2(H)) requires that the assistant secretary oversees each district
administrator and district office and his responsibilities include but is not limited to:
(1)Ensuring that resources for the office of operations are appropriately divided
between the district offices based on the unique state infrastructure attributes of each
district.
(2)Requiring unclassified district administrators to adhere to uniform policies and
procedures relative to interfacing and doing business with both construction and
engineering contractors.
(3)Empowering unclassified district administrators to set goals and priorities within the
budgets for each district.
Present law (R.S. 36:508.3(A)(2)) requires the office of multimodal commerce advise the
office of planning on intermodal issues and implement the master plan as it relates to
intermodal transportation.
Proposed law changes the office of planning to the office of project management, but
otherwise retains present law.
Present law (R.S. 36:508.3(A)(3)) specifies any powers, duties, responsibilities and
corresponding department employees, equipment, facilities, and funding of the DOTD with
respect to federal programs on rail safety and the administration of federal rail safety and
hazard mitigation funds and the like must remain with the office of engineering of the
DOTD.
Proposed law requires that the administration of federal rail safety and hazard mitigation
funds and the like remain with office of project management of the DOTD instead of the
office of engineering.
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(Amends R.S. 36:501(B), and (C)(1) 502(A) and (B), 503, 504(A)(2) and (8), 505, 506(A),
507, 508(A) through (D) and (F) and (G), 508.1, 508.2(A), (B), (D), and (F), and
508.3(A)(2) and (3); Adds R.S. 36:4(B)(38), 501(C)(3), 504(B)(6) and (7), 505(C) - (E),
506(E) - (G), 508(H) through (L), and 508.2(G) through (I))
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