82R21087 JTS-D
By: Harper-Brown, Phillips, Pickett, Bonnen H.B. No. 2675
Substitute the following for H.B. No. 2675:
By: Phillips C.S.H.B. No. 2675
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Texas Department
of Transportation; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 201.001, Transportation Code, is amended
by adding Subsection (c) to read as follows:
(c) In this chapter, "local transportation entity" means an
entity that participates in the transportation planning process,
including:
(1) a regional tollway authority under Chapter 366;
(2) a regional transportation authority under Chapter
452;
(3) a rural transit district under Chapter 458; or
(4) a metropolitan planning organization under
Subchapter D, Chapter 472.
SECTION 2. Section 201.051, Transportation Code, is amended
by amending Subsections (d), (f), (g), (h), and (j) and adding
Subsection (b-1) to read as follows:
(b-1) A member of the commission may not accept a
contribution to a campaign for election to an elected office. If a
commissioner accepts a campaign contribution, the person is
considered to have resigned from the office and the office
immediately becomes vacant. The vacancy shall be filled in the
manner provided by law.
(d) A [Except as provided by Subsection (e), a] person is
not eligible to serve [for appointment] as a member of the
commission if the person or the person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization that is regulated by or
receives funds from the department;
(2) directly or indirectly owns or controls more than
10 percent interest in a business entity or other organization that
is regulated by or receives funds from the department;
(3) uses or receives a substantial amount of tangible
goods, services, or funds from the department, other than
compensation or reimbursement authorized by law for commission
membership, attendance, or expenses; or
(4) is registered, certified, or licensed by the
department.
(f) An officer, employee, or paid consultant of a Texas
trade association in the field of road construction or maintenance,
aviation, or outdoor advertising is not eligible to serve as [or a
Texas trade association of automobile dealers may not be] a member
of the commission.
(g) The spouse of an officer, manager, or paid consultant of
a Texas trade association in the field of road construction or
maintenance, aviation, or outdoor advertising is not eligible to
serve as [or a Texas association of automobile dealers may not be] a
member of the commission.
(h) A person required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities
for compensation on behalf of a profession related to the operation
of the department is not eligible to [may not] serve as a member of
the commission.
(j) In this section, "Texas trade association" means a
[nonprofit,] cooperative[,] and voluntarily joined statewide
association of business or professional competitors in this state
designed to assist its members and its industry or profession in
dealing with mutual business or professional problems and in
promoting their common interest.
SECTION 3. Section 201.053(a), Transportation Code, is
amended to read as follows:
(a) The governor [periodically] shall designate one
commissioner as the chair of the commission, who shall serve as
presiding officer of the commission.
SECTION 4. Section 201.057(a), Transportation Code, is
amended to read as follows:
(a) It is a ground for removal from the commission if a
commissioner:
(1) does not have at the time of taking office
[appointment] or maintain during service on the commission the
qualifications required by Section 201.051;
(2) violates a prohibition provided by Section
201.051;
(3) cannot discharge the commissioner's duties for a
substantial part of the term for which the commissioner is
appointed because of illness or disability; or
(4) is absent from more than half of the regularly
scheduled commission meetings that the commissioner is eligible to
attend during a calendar year, unless the absence is excused by
majority vote of the commission.
SECTION 5. Section 201.058, Transportation Code, is amended
to read as follows:
Sec. 201.058. INFORMATION ON QUALIFICATIONS AND CONDUCT.
The department shall provide to the members of the commission, as
often as necessary, information concerning the members'
qualifications for office [under Subchapter B] and their
responsibilities under applicable laws relating to standards of
conduct for state officers.
SECTION 6. (a) Subchapter C, Chapter 201, Transportation
Code, is amended by adding Section 201.1075 to read as follows:
Sec. 201.1075. CHIEF FINANCIAL OFFICER. (a) The
department shall employ a chief financial officer. The chief
financial officer must be a certified public accountant who is
licensed and in good standing in this state.
(b) The chief financial officer shall oversee the
department's financial activities, including:
(1) managing department debt and debt portfolio;
(2) programming and scheduling of transportation
projects; and
(3) letting and management activities associated with
project delivery and certifying project letting.
(c) The chief financial officer may contract with experts
and consultants to assist the department:
(1) in matters involving debt management,
comprehensive development agreements, regional mobility
authorities, toll roads, or public-private partnerships; and
(2) in exploring other mechanisms to finance
transportation projects.
(d) The chief financial officer shall ensure that the
department's financial activities are conducted in a transparent
and reliable manner.
(e) The chief financial officer shall report to the
director.
(b) Section 201.1075, Transportation Code, as added by this
section, does not apply to a person serving as the chief financial
officer of the Texas Department of Transportation immediately
before the effective date of this Act. Section 201.1075,
Transportation Code, as added by this section, applies only to a
chief financial officer whose employment begins on or after the
effective date of this Act.
SECTION 7. Subchapter C, Chapter 201, Transportation Code,
is amended by adding Sections 201.118 and 201.119 to read as
follows:
Sec. 201.118. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
RESOLUTION PROCEDURES. (a) The commission shall develop and
implement a policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of department rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the department's
jurisdiction.
(b) The department's procedures relating to alternative
dispute resolution must conform, to the extent possible, to any
model guidelines issued by the State Office of Administrative
Hearings for the use of alternative dispute resolution by state
agencies.
(c) The department shall:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) provide training as needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures.
Sec. 201.119. DIRECTOR PARTICIPATION IN RETIREMENT SYSTEM.
(a) In this section, "retirement system" means the Employees
Retirement System of Texas.
(b) The commission may offer the director optional
participation in the retirement system.
(c) Notwithstanding Section 812.003, Government Code, the
director is not required to be a member of the retirement system if:
(1) the director is offered under this section the
option of whether to be a member of the system; and
(2) the director elects not to be a member of the
system.
(d) If the director elects under Subsection (c) not to be a
member of the retirement system, the annual salary set as
compensation for the position is increased by the amount that the
state would have contributed to the retirement program for that
position for that year if the person were a member of the system.
(e) An election under this section does not affect the
director's eligibility to participate as an employee in the group
benefits program under Chapter 1551, Insurance Code.
SECTION 8. Section 201.204, Transportation Code, is amended
to read as follows:
Sec. 201.204. SUNSET PROVISION. The Texas Department of
Transportation is subject to Chapter 325, Government Code (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the department is abolished September 1, 2015 [2011].
SECTION 9. Subchapter D, Chapter 201, Transportation Code,
is amended by adding Section 201.2041 to read as follows:
Sec. 201.2041. SUBMISSION OF FINANCIAL AUDIT TO SUNSET
COMMISSION. (a) The department shall submit with its agency report
under Section 325.007, Government Code, a complete and detailed
financial audit conducted by an independent certified public
accountant.
(b) Subsection (a) does not apply if the department is
subject to sunset review during the previous two-year period.
SECTION 10. Subchapter D, Chapter 201, Transportation Code,
is amended by adding Sections 201.210 and 201.211 to read as
follows:
Sec. 201.210. LEGISLATIVE LOBBYING. (a) In addition to
Section 556.006, Government Code, the commission or a department
employee may not use money under the department's control or engage
in an activity to influence the passage or defeat of legislation.
(b) Violation of Subsection (a) is grounds for dismissal of
an employee.
(c) This section does not prohibit the commission or
department employee from using state resources to:
(1) provide public information or information
responsive to a request; or
(2) communicate with officers and employees of the
federal government regarding federal appropriations and programs.
(d) The department may not spend any money appropriated to
the department for the purpose of selecting, hiring, or retaining a
person required to register under Chapter 305, Government Code, or
the Lobbying Disclosure Act of 1995 (2 U.S.C. Section 1601 et seq.),
unless that expenditure is allowed under other law.
Sec. 201.211. ETHICS AFFIRMATION AND HOTLINE. (a) A
department employee shall annually affirm the employee's adherence
to the ethics policy adopted under Section 572.051(c), Government
Code.
(b) The department shall establish and operate a telephone
hotline that enables a person to call the hotline number,
anonymously or not anonymously, to report alleged fraud, waste, or
abuse or an alleged violation of the ethics policy adopted under
Section 572.051(c), Government Code.
SECTION 11. Section 201.401(a), Transportation Code, is
amended to read as follows:
(a) A person may not be an employee of the department who is
employed in a "bona fide executive, administrative, or professional
capacity," as that phrase is used for purposes of establishing an
exemption to the overtime provisions of the federal Fair Labor
Standards Act of 1938 (29 U.S.C. Section 201 et seq.), [exempt from
the state's position classification plan or compensated at or above
the amount prescribed by the General Appropriations Act for step 1,
salary group 17, of the position classification salary schedule] if
the person is:
(1) an officer, employee, or paid consultant of a
Texas trade association[:
[(A)] in the field of road construction or
maintenance or outdoor advertising; or
[(B) of automobile dealers; or]
(2) the spouse of an officer, manager, or paid
consultant described by Subdivision (1).
SECTION 12. Section 201.404, Transportation Code, is
amended by adding Subsections (b-1) and (b-2) to read as follows:
(b-1) If an annual performance evaluation indicates
unsatisfactory performance by an employee employed in a position at
or above the level of district engineer, the commission shall
consider whether the employee should be terminated. The annual
performance evaluation of a position described by this subsection
must include an evaluation of an employee's:
(1) professionalism;
(2) diligence; and
(3) responsiveness to directives and requests from the
commission and the legislature.
(b-2) If an annual performance evaluation indicates
unsatisfactory performance by an employee employed in a position
that is below the level of district engineer, the department shall
consider whether the employee should be terminated. The department
shall provide a report to the commission regarding employees whose
performances were unsatisfactory but who were not terminated.
SECTION 13. Chapter 201, Transportation Code, is amended by
adding Subchapter F-1 to read as follows:
SUBCHAPTER F-1. INSPECTOR GENERAL
Sec. 201.451. INSPECTOR GENERAL. (a) The commission may
appoint an inspector general who reports to the commission.
(b) If appointed, the inspector general shall:
(1) audit the department's financial condition and the
efficiency of its business practices;
(2) evaluate the efficiency of the department's
administrative practices and performance, including business plan
performance measures, relationships with metropolitan planning
organizations, performance of department districts and offices,
and the need for standardization;
(3) identify the need and opportunities for reductions
in staff and the need for a better or differently skilled workforce;
(4) study the implementation of and improvements to a
commitment-based budget or business plan based on outcomes;
(5) identify ways to streamline the environmental
approval process;
(6) evaluate compliance with applicable laws and
legislative intent; and
(7) evaluate the efficient use of available funding,
personnel, equipment, and office space.
Sec. 201.452. COOPERATION AND COORDINATION WITH STATE
AUDITOR. (a) An inspector general's review does not take
precedence over the state auditor's review.
(b) The inspector general may meet with the state auditor's
office to coordinate a review conducted under this subchapter,
share information, or schedule work plans.
(c) In addition to the authority in Chapter 321, Government
Code, the state auditor is entitled to access all information
maintained by the inspector general, including vouchers,
electronic data, internal records, and other information.
(d) Any information obtained or provided by the state
auditor under this section is confidential and not subject to
disclosure under Chapter 552, Government Code.
Sec. 201.453. FINAL REVIEW REPORTS. (a) The inspector
general shall prepare a final report for each review conducted
under Section 201.451. The final report must include:
(1) a summary of the activities performed by the
inspector general in conducting the review; and
(2) a description of any findings in connection with a
review conducted under Section 201.451.
(b) An inspector general's final reports are subject to
disclosure under Chapter 552, Government Code.
(c) Unless otherwise prohibited by this chapter or other
law, the inspector general shall deliver a copy of each final report
that concerns the implementation or administration of a state or
federally funded program to:
(1) the commission and the executive director;
(2) the governor;
(3) the lieutenant governor;
(4) the speaker of the house of representatives;
(5) the state auditor; and
(6) the appropriate legislative oversight committees.
SECTION 14. Section 201.601, Transportation Code, is
amended to read as follows:
Sec. 201.601. STATEWIDE TRANSPORTATION PLAN. (a) The
department shall develop a statewide transportation plan covering a
period of at least 20 years. The plan must include:
(1) the statewide transportation improvement program;
(2) a 10-year developmental program to guide the
development of and authorize construction of transportation
projects for the mid-term period of the statewide transportation
improvement program; and
(3) specific, long-term transportation goals for
[that contains] all modes of transportation, including:
(A) [(1)] highways and turnpikes;
(B) [(2)] aviation;
(C) [(3)] mass transportation;
(D) [(4)] railroads and high-speed railroads;
and
(E) [(5)] water traffic.
(a-1) The plan must:
(1) contain specific, long-term transportation goals
for the state and measurable targets for each goal;
(2) identify priority projects or areas of the state
that are of particular concern to the department in meeting the
goals established under Subdivision (1); and
(3) contain a participation plan specifying methods
for obtaining formal input on the goals and priorities identified
under this subsection from:
(A) other state agencies;
(B) political subdivisions;
(C) local transportation entities; and
(D) the general public.
(b) [In developing the plan, the department shall seek
opinions and assistance from other state agencies and political
subdivisions that have responsibility for the modes of
transportation listed by Subsection (a).] As appropriate, the
department and the entities listed in Subsection (a-1)(3) [such an
agency or political subdivision] shall enter into a memorandum of
understanding relating to the planning of transportation services.
(c) The plan must include a component that is not
financially constrained and identifies transportation improvements
designed to relieve congestion. In developing this component of
the plan, the department shall seek opinions and assistance from
officials who have local responsibility for modes of transportation
listed in Subsection (a).
(d) [The plan shall include a component, published
annually, that describes the evaluation of transportation
improvements based on performance measures, such as indices
measuring delay reductions or travel time improvements.] The
department shall consider the goals and measurable targets
established under Subsection (a-1)(1) [the performance measures]
in selecting transportation projects [improvements].
(e) The department annually shall provide to the lieutenant
governor, the speaker of the house of representatives, and the
chair of the standing committee of each house of the legislature
with primary jurisdiction over transportation issues an analysis of
the department's progress in attaining the goals under Subsection
(a-1)(1). The department shall make the information under this
subsection available on its Internet website.
(f) The department shall update the plan every four years,
or more frequently if necessary.
SECTION 15. Subchapter H, Chapter 201, Transportation Code,
is amended by adding Section 201.6015 to read as follows:
Sec. 201.6015. INTEGRATION OF PLANS AND POLICY EFFORTS. In
developing each of its transportation plans and policy efforts, the
department must clearly reference the statewide transportation
plan under Section 201.601 and specify how the plan or policy effort
supports or otherwise relates to the specific goals under that
section.
SECTION 16. Section 201.616(a), Transportation Code, is
amended to read as follows:
(a) Not later than December 1 of each year, the department
shall submit a report to the legislature that details:
(1) the expenditures made by the department in the
preceding state fiscal year in connection with:
(A) the developmental [unified transportation]
program of the department;
(B) turnpike projects and toll roads of the
department;
(C) the Trans-Texas Corridor;
(D) rail facilities described in Chapter 91; and
(E) non-highway facilities on the Trans-Texas
Corridor if those expenditures are subject to Section 227.062(c);
(2) the amount of bonds or other public securities
issued for transportation projects; and
(3) the direction of money by the department to a
regional mobility authority in this state.
SECTION 17. Subchapter H, Chapter 201, Transportation Code,
is amended by adding Section 201.620 to read as follows:
Sec. 201.620. COORDINATION WITH METROPOLITAN PLANNING
ORGANIZATIONS TO DEVELOP LONG-TERM PLANNING ASSUMPTIONS. The
department shall collaborate with metropolitan planning
organizations to develop mutually acceptable assumptions for the
purposes of long-range federal and state funding forecasts and use
those assumptions to guide long-term planning in the statewide
transportation plan under Section 201.601.
SECTION 18. Section 201.710(c), Transportation Code, is
amended to read as follows:
(c) The department shall include projects related to ports
of entry in its developmental [unified transportation] program or
any successor to that program.
SECTION 19. (a) Section 201.801, Transportation Code, is
amended to read as follows:
Sec. 201.801. [INFORMATION ABOUT DEPARTMENT;] COMPLAINTS.
(a) The department shall maintain a system to promptly and
efficiently act on complaints filed with the department. The
department shall maintain information about the parties to and the
subject matter of a complaint and a summary of the results of the
review or investigation of the complaint and the disposition of the
complaint.
(b) The department shall make information available
describing its procedures for complaint investigation and
resolution [prepare information of public interest describing the
functions of the department and the department's procedures by
which a complaint is filed with the department and resolved by the
department. The department shall make the information available to
the public and appropriate state agencies].
[(b) The commission by rule shall establish methods by which
consumers and service recipients are notified of the department's
name, mailing address, and telephone number for directing
complaints to the department. The commission may provide for that
notification:
[(1) on each registration form, application, or
written contract for services of an individual or entity regulated
by the department;
[(2) on a sign prominently displayed in the place of
business of each individual or entity regulated by the department;
or
[(3) in a bill for service provided by an individual or
entity regulated by the department.]
(c) [The department shall:
[(1) keep an information file about each written
complaint filed with the department that the department has the
authority to resolve; and
[(2) provide the person who filed the complaint, and
each person or entity that is the subject of the complaint,
information about the department's policies and procedures
relating to complaint investigation and resolution.
[(d)] The department[, at least quarterly and until final
disposition of a written complaint that is filed with the
department and that the department has the authority to resolve,]
shall periodically notify the parties to the complaint of its
status until final disposition unless the notice would jeopardize
an undercover investigation.
(d) The commission shall adopt rules applicable to each
division and district to establish a process to act on complaints
filed with the department [(e) With regard to each complaint filed
with the department, the department shall keep the following
information:
[(1) the date the complaint is filed;
[(2) the name of the person filing the complaint;
[(3) the subject matter of the complaint;
[(4) a record of each person contacted in relation to
the complaint;
[(5) a summary of the results of the review or
investigation of the complaint; and
[(6) if the department takes no action on the
complaint, an explanation of the reasons that no action was taken].
(e) The department shall develop a standard form for
submitting a complaint and make the form available on its Internet
website. The department shall establish a method to submit
complaints electronically.
(f) The department shall develop a method for analyzing the
sources and types of complaints and violations and establish
categories for the complaints and violations. The department shall
use the analysis to focus its information and education efforts on
specific problem areas identified through the analysis.
(g) The department shall:
(1) compile:
(A) detailed statistics and analyze trends on
complaint information, including:
(i) the nature of the complaints;
(ii) their disposition; and
(iii) the length of time to resolve
complaints;
(B) complaint information on a district and a
divisional basis; and
(C) the number of similar complaints filed, and
the number of persons who filed each complaint; and
(2) report the information, statistics, and analysis
on a monthly basis to the division directors, office directors, and
district engineers and on a quarterly basis to the commission.
(b) The Texas Transportation Commission shall adopt rules
under Section 201.801, Transportation Code, as amended by this
section, not later than March 1, 2012.
SECTION 20. Section 201.802(a), Transportation Code, is
amended to read as follows:
(a) The commission shall develop and implement policies
that provide the public with a reasonable opportunity to appear
before the commission and speak on any issue under the jurisdiction
of the department [commission].
SECTION 21. Subchapter J, Chapter 201, Transportation Code,
is amended by adding Sections 201.807, 201.808, 201.809, 201.810,
and 201.811 to read as follows:
Sec. 201.807. PROJECT INFORMATION REPORTING SYSTEM. (a)
The department shall establish a project information reporting
system that makes available in a central location on the
department's Internet website easily accessible and searchable
information regarding all of the department's transportation
plans, including the developmental program required by Section
201.991. The department shall post information on its Internet
website as required by this subsection as the information becomes
available to the department and in a manner that is not cost
prohibitive. The project information reporting system shall
contain information about:
(1) each department project, including:
(A) the status of the project;
(B) each source of funding for the project;
(C) benchmarks for evaluating the progress of the
project;
(D) timelines for completing the project;
(E) a list of the department employees
responsible for the project, including information to contact each
person on that list; and
(F) the results of the annual review required
under Subsection (d);
(2) each construction work zone for a project that has
a construction phase timeline that exceeds one month or the cost of
which exceeds $5 million, including information about:
(A) the number of lanes that will remain open
during the project's construction phase;
(B) the location and duration of each lane
closure; and
(C) the expected traffic delay resulting from
each lane closure;
(3) road maintenance projects, including:
(A) the criteria for designating a project as a
road maintenance project; and
(B) the condition of each road before the road
maintenance project; and
(4) the department's funds, including each source for
the department's funds and each expenditure made by the department
reported by each:
(A) department district;
(B) program funding category as required by
Section 201.991(b)(2); and
(C) type of revenue, including revenue from a
comprehensive development agreement or a toll project.
(b) In developing the project information reporting system,
the department shall collaborate with:
(1) the legislature;
(2) local transportation entities; and
(3) members of the public.
(c) The department shall make the information provided
under this section available on the department's Internet website
in more than one downloadable electronic format.
(d) As a component of the project information reporting
system required by this section, the department shall conduct an
annual review of the benchmarks and timelines of each project
included in the department's transportation plans, including the
developmental program, to determine the completion rates of the
projects and whether the projects were completed on time.
(e) The department shall update the information contained
in the project information reporting system on a regular basis, as
specified by commission rule.
Sec. 201.808. TRANSPORTATION EXPENDITURE PRIORITIES. (a)
The department shall develop a process to identify and distinguish
between the transportation projects that are required to maintain
the state infrastructure and the transportation projects that would
improve the state infrastructure in a manner consistent with the
statewide transportation plan required by Section 201.601.
(b) The department shall establish a transportation
expenditure reporting system that makes available in a central
location on the department's Internet website easily accessible and
searchable information regarding the priorities of transportation
expenditures for the identified transportation projects.
(c) The department shall include in the transportation
expenditure reporting system:
(1) a list of the most significant transportation
problems in each department district as described by the statewide
transportation plan developed under Section 201.601, including the
component required by Section 201.601(c);
(2) reports prepared by the department or an
institution of higher education that evaluate the effectiveness of
the department's expenditures on transportation projects to
achieve the transportation goal;
(3) information about the condition of the pavement
for each highway under the jurisdiction of the department,
including:
(A) the international roughness index issued by
the United States Department of Transportation Federal Highway
Administration; and
(B) the percentage of pavement that the
department determines to be in good or better condition;
(4) the condition of bridges, including information
about:
(A) bridges that are structurally deficient or
functionally obsolete; and
(B) bridge condition scores;
(5) information about traffic congestion and traffic
delays, including:
(A) the locations of the worst traffic delays;
(B) the variable travel time for major streets
and highways in this state; and
(C) the effect of traffic congestion on motor
vehicle travel and motor carriers; and
(6) information about the number of traffic accidents,
injuries, and fatalities, including a list of the locations in each
department district for the highest number of traffic accidents,
injuries, or fatalities, as that information becomes available to
the department.
(d) The department shall provide the information made
available under Subsection (c) in a format that allows a person to
conduct electronic searches for information regarding a specific
county, highway under the jurisdiction of the department, or type
of road.
(e) The department shall establish criteria to prioritize
the transportation needs for the state that is consistent with the
statewide transportation plan.
(f) Each department district shall enter information into
the transportation expenditure reporting system, including
information about:
(1) each district transportation project; and
(2) the category to which the project has been
assigned and the priority of the project according to Section
201.995.
(g) The transportation expenditure reporting system shall
allow a person to compare information produced by that system to
information produced by the project information reporting system.
Sec. 201.809. STATEWIDE TRANSPORTATION REPORT. (a) The
department annually shall evaluate and publish a report about the
status of each transportation goal for this state. The report must
include:
(1) information about the progress of each long-term
transportation goal that is identified by the statewide
transportation plan;
(2) the status of each project identified as a major
priority;
(3) a summary of the number of statewide project
implementation benchmarks that have been completed; and
(4) information about the accuracy of previous
department financial forecasts.
(b) The department shall disaggregate the information in
the report by department district.
(c) The department shall provide a copy of the district
report to each member of the legislature for each department
district located in the member's legislative district, and at the
request of a member, a department employee shall meet with the
member to explain the report.
(d) The department shall provide a copy of each district
report to the political subdivisions located in the department
district that is the subject of the report, including:
(1) a municipality;
(2) a county; and
(3) a local transportation entity.
Sec. 201.810. DEPARTMENT INFORMATION CONSOLIDATION. (a) To
the extent practicable and to avoid duplication of reporting
requirements, the department may combine the reports required under
this subchapter with reports required under other provisions of
this code.
(b) The department shall develop a central location on the
department's Internet website that provides easily accessible and
searchable information to the public contained in the reports
required under this subchapter and other provisions of this code.
Sec. 201.811. PUBLIC INVOLVEMENT POLICY. (a) The
department shall develop and implement a policy for public
involvement that guides and encourages public involvement with the
department. The policy must:
(1) provide for the use of public involvement
techniques that target different groups and individuals;
(2) encourage continuous contact between the
department and persons outside the department throughout the
transportation decision-making process;
(3) require the department to make efforts toward:
(A) clearly tying public involvement to
decisions made by the department; and
(B) providing clear information to the public
about specific outcomes of public input;
(4) apply to all public input with the department,
including input:
(A) on statewide transportation policy-making;
(B) in connection with the environmental process
relating to specific projects; and
(C) into the commission's rulemaking procedures;
and
(5) require a person who makes or submits a public
comment, at the time the comment is made or disclosed, to disclose
whether the person:
(A) does business with the department;
(B) may benefit from a project; or
(C) is an employee of the department.
(b) The department shall document the number of positive,
negative, or neutral public comments received regarding all
environmental impact statements as expressed by the public through
the department's public involvement process. The department shall:
(1) present this information to the commission in an
open meeting; and
(2) report this information on the department's
Internet website in a timely manner.
SECTION 22. Chapter 201, Transportation Code, is amended by
adding Subchapter P to read as follows:
SUBCHAPTER P. DEVELOPMENTAL PROGRAM
Sec. 201.991. DEVELOPMENTAL PROGRAM. (a) The
developmental program required as part of the statewide
transportation plan under Section 201.601 must:
(1) annually identify target funding levels; and
(2) list all projects that the department intends to
develop or begin construction of during the program period.
(b) The commission shall adopt rules that:
(1) specify the criteria for selecting projects to be
included in the program;
(2) define program funding categories, including
categories for safety, maintenance, and mobility; and
(3) define each phase of a major transportation
project, including the planning, programming, implementation, and
construction phases.
(c) The department shall publish the developmental program
as part of the entire statewide transportation plan, including
summary documents highlighting project benchmarks, priorities, and
forecasts, in appropriate media and on the department's Internet
website in a format that is easily understandable by the public.
(d) In developing the rules required by this section, the
commission shall collaborate with local transportation entities.
Sec. 201.992. ANNUAL UPDATE TO DEVELOPMENTAL PROGRAM. (a)
The department shall annually update the developmental program.
(b) The annual update must include:
(1) the annual funding forecast required by Section
201.993;
(2) the list of major transportation projects required
by Section 201.994(b); and
(3) the category to which the project has been
assigned and the priority of the project in the category
established by Section 201.995.
(c) The department shall collaborate with local
transportation entities to develop the annual update to the
developmental program.
Sec. 201.993. ANNUAL FUNDING AND CASH FLOW FORECASTS. (a)
The department annually shall:
(1) develop and publish a forecast of all funds the
department expects to receive, including funds from this state and
the federal government; and
(2) use that forecast to guide planning for the
developmental program.
(b) The department shall collaborate with local
transportation entities to develop scenarios for the forecast
required by Subsection (a) based on mutually acceptable funding
assumptions.
(c) Not later than September 1 of each year, the department
shall prepare and publish a cash flow forecast for a period of 20
years.
Sec. 201.994. MAJOR TRANSPORTATION PROJECTS. (a) The
commission by rule shall:
(1) establish criteria for designating a project as a
major transportation project;
(2) develop benchmarks for evaluating the progress of
a major transportation project and timelines for implementation and
construction of a major transportation project; and
(3) determine which critical benchmarks must be met
before a major transportation project may enter the implementation
phase of the developmental program.
(b) The department annually shall update the list of
projects that are designated as major transportation projects.
(c) In adopting rules required by this section, the
commission shall collaborate with local transportation entities.
Sec. 201.995. PRIORITY PROJECTS IN PROGRAM CATEGORIES. (a)
The commission by rule shall:
(1) establish categories in the developmental
program;
(2) assign each project identified in the program to a
category; and
(3) designate the priority ranking of each project
within each category.
(b) The department shall collaborate with local
transportation entities when assigning each project included in the
developmental program to a category established under Subsection
(a).
(c) The highest priority projects within an applicable
category of the developmental program must be projects designated
as major transportation projects.
Sec. 201.996. FUNDING ALLOCATION FORMULAS AND CATEGORIES.
(a) For each funding category established under Section
201.991(b)(2), the commission by rule shall specify the formulas
for allocating funds to districts and metropolitan planning
organizations for:
(1) preventive maintenance and rehabilitation of the
state highway system in all districts;
(2) mobility and added capacity projects in
metropolitan and urban areas;
(3) mobility and added capacity projects on major
state highways that provide statewide connectivity between urban
areas and highway system corridors;
(4) congestion mitigation and air quality improvement
projects in nonattainment areas;
(5) metropolitan mobility and added capacity projects
within the boundaries of designated metropolitan planning areas of
metropolitan planning organizations located in a transportation
management area;
(6) transportation enhancements project funding; and
(7) projects eligible for federal or state funding, as
determined by the applicable district engineer.
(b) Subject to applicable state and federal law, the
commission shall determine the allocation of funds in all of the
other categories established under Section 201.991(b)(2),
including a category for projects of specific importance to the
state, including projects that:
(1) promote economic opportunity;
(2) increase efficiency on military deployment routes
or that retain military assets; and
(3) maintain the ability of appropriate entities to
respond to emergencies.
(c) The commission shall update the formulas established
under this section at least every four years.
(d) In determining the amount of funding in each program
funding category, the commission shall consider the input of:
(1) metropolitan planning organizations;
(2) transportation officials;
(3) local government officials; and
(4) other stakeholders.
(e) In selecting projects in a program funding category, the
department shall cooperate with metropolitan planning
organizations and other stakeholders.
(f) All funds received by the department for highways,
including toll roads and toll road systems, that may be allocated in
this state's or the department's discretion shall be allocated by a
formula to each district and metropolitan planning organization
that is based on performance measures and includes at least the
following criteria:
(1) centerline miles;
(2) level of congestion;
(3) percentage of population below federal poverty
level;
(4) population;
(5) safety; and
(6) vehicle miles traveled.
Sec. 201.997. WORK PROGRAM. (a) Each department district
shall develop a consistently formatted work program based on the
developmental program covering a period of four years that contains
all projects that the district proposes to implement during that
period.
(b) The work program must contain:
(1) information regarding the progress of projects
designated as major transportation projects, according to project
implementation benchmarks and timelines established under Section
201.994; and
(2) a summary of the progress on other district
projects.
(c) The department shall use the work program to:
(1) monitor the performance of the district; and
(2) evaluate the performance of district employees.
(d) The department shall publish the work program in
appropriate media and on the department's Internet website.
SECTION 23. Section 202.021, Transportation Code, is
amended by amending Subsection (e) and adding Subsection (e-1) to
read as follows:
(e) The commission may waive payment for real property
transferred to a governmental entity under this section if:
(1) the estimated cost of future maintenance on the
property equals or exceeds the fair value of the property; or
(2) the property is a highway right-of-way and the
governmental entity assumes or has assumed jurisdiction, control,
and maintenance of the right-of-way for public road purposes.
(e-1) A grant transferring real property under Subsection
(e)(2) must contain a reservation providing that if property
described by that subsection ceases to be used for public road
purposes, that real property shall immediately and automatically
revert to this state.
SECTION 24. Section 223.002, Transportation Code, is
amended to read as follows:
Sec. 223.002. NOTICE OF BIDS [BY PUBLICATION]. [(a)] The
department shall give [publish] notice to interested persons
regarding [of] the time and place at which bids on a contract will
be opened and the contract awarded. The commission by rule shall
determine the most effective method for providing the notice
required by this section.
[(b) The notice must be published in a newspaper published
in the county in which the improvement is to be made once a week for
at least two weeks before the time set for awarding the contract and
in two other newspapers that the department may designate.
[(c) Instead of the notice required by Subsection (b), if
the department estimates that the contract involves an amount less
than $300,000, notice may be published in two successive issues of a
newspaper published in the county in which the improvement is to be
made.
[(d) If a newspaper is not published in the county in which
the improvement is to be made, notice shall be published in a
newspaper published in the county:
[(1) nearest the county seat of the county in which the
improvement is to be made; and
[(2) in which a newspaper is published.]
SECTION 25. Subchapter A, Chapter 223, Transportation Code,
is amended by adding Section 223.017 to read as follows:
Sec. 223.017. DESIGN-BUILD CONTRACTS FOR NONTOLLED HIGHWAY
PROJECTS. (a) In this section, "design-build contract" means an
agreement with a private entity for the design and construction,
rehabilitation, expansion, or improvement of a highway project but
does not include the financing or operation of the highway.
(b) The department may enter into a design-build contract
for a nontolled highway project.
(c) Notwithstanding Section 223.0041, if the department
enters into a design-build contract under this section, the
department shall use a competitive procurement process that
provides the best value for the department.
(d) The commission shall adopt rules specifying the
conditions under which a design-build contract may be considered.
In developing rules the commission must address:
(1) the size and complexity of an eligible project;
(2) the time constraints for delivery of an eligible
project;
(3) the level and training of the staff required to
manage an eligible project; and
(4) other factors the commission considers important.
SECTION 26. Section 223.208(c), Transportation Code, is
amended to read as follows:
(c) The department may enter into a comprehensive
development agreement under this subchapter or under Section
227.023(c) with a private participant only if the project is
identified in the department's developmental [unified
transportation] program or is located on a transportation corridor
identified in the statewide transportation plan.
SECTION 27. Section 227.034(a), Transportation Code, is
amended to read as follows:
(a) A contract for the acquisition, construction,
maintenance, or operation of a facility on the Trans-Texas Corridor
may not contain a provision that limits or prohibits construction
or operation of a highway or other transportation project that is:
(1) included in the developmental [unified
transportation] program of the department in effect at the time the
contract is executed;
(2) a project of a local government; or
(3) constructed or operated for the safety of
pedestrian or vehicular traffic.
SECTION 28. Section 227.062(e), Transportation Code, is
amended to read as follows:
(e) The commission may not disburse money from the state
highway fund or the Texas mobility fund to construct a portion of
the Trans-Texas Corridor unless it would replace or supplement a
project identified in the department's developmental [unified
transportation] program or a transportation corridor identified in
the statewide transportation plan.
SECTION 29. Section 228.0055(c), Transportation Code, is
amended to read as follows:
(c) The commission or the department may not:
(1) revise the formula as provided in the department's
developmental [unified transportation] program, or its successor
document, in a manner that results in a decrease of a department
district's allocation because of a payment under Subsection (a); or
(2) take any other action that would reduce funding
allocated to a department district because of payments received
under a comprehensive development agreement.
SECTION 30. Section 228.006(b), Transportation Code, is
amended to read as follows:
(b) The commission may not revise the formula as provided in
the department's developmental [unified transportation] program,
or its successor document, in a manner that results in a decrease of
a district's allocation because of a payment under Subsection (a).
SECTION 31. Section 228.012(e), Transportation Code, is
amended to read as follows:
(e) The commission or the department may not:
(1) revise the formula as provided in the department's
developmental [unified transportation] program or a successor
document in a manner that results in a decrease of a department
district's allocation because of the deposit of a payment into a
project subaccount or a commitment to undertake an additional
transportation project under Section 228.0111; or
(2) take any other action that would reduce funding
allocated to a department district because of the deposit of a
payment received from the department or local toll project entity
into a project subaccount or a commitment to undertake an
additional transportation project under Section 228.0111.
SECTION 32. Section 228.117, Transportation Code, is
amended to read as follows:
Sec. 228.117. FUNDING FOR DEPARTMENT DISTRICT. The
commission may not revise the formula as provided in the
department's developmental [unified transportation] program, or
its successor document, in a manner that results in a decrease of a
district's allocation because revenue bonds are issued for a toll
project located within the department district.
SECTION 33. Section 362.902, Transportation Code, is
amended to read as follows:
Sec. 362.902. INCLUSION OF TOLL PROJECTS IN DEVELOPMENTAL
[UNIFIED TRANSPORTATION] PROGRAM. The department shall adopt and
include in the developmental [unified transportation] program of
the department a list of transportation projects in each department
district that the department considers to be eligible and feasible
for tolling. A transportation project that is included in the list
is not required to be operated as a toll project.
SECTION 34. Section 366.407(c), Transportation Code, is
amended to read as follows:
(c) An authority may enter into a comprehensive development
agreement under this subchapter with a private participant only if
the project is identified in the department's developmental
[unified transportation] program or is located on a transportation
corridor identified in the statewide transportation plan.
SECTION 35. Section 370.311(c), Transportation Code, is
amended to read as follows:
(c) An authority may only enter into a comprehensive
development agreement under Section 370.305 with a private equity
investor if the project is identified in the department's
developmental [unified transportation] program or is located on a
transportation corridor identified in the statewide transportation
plan.
SECTION 36. Section 391.004, Transportation Code, is
amended to read as follows:
Sec. 391.004. DISPOSITION OF FEES [TEXAS HIGHWAY
BEAUTIFICATION FUND ACCOUNT]. [The Texas highway beautification
fund account is an account in the general revenue fund.] Money the
commission receives under this chapter shall be deposited to the
credit of the state [Texas] highway [beautification] fund
[account]. The commission shall use money in the state [Texas]
highway [beautification] fund [account] to administer this chapter
and Chapter 394.
SECTION 37. (a) Subchapter A, Chapter 391, Transportation
Code, is amended by adding Section 391.006 to read as follows:
Sec. 391.006. COMPLAINTS; RECORDS. (a) The commission by
rule shall establish procedures for accepting and resolving written
complaints related to outdoor advertising under this chapter. The
rules must include:
(1) a process to make information available describing
the department's procedures for complaint investigation and
resolution, including making information about the procedures
available on the department's Internet website;
(2) a system to prioritize complaints so that the most
serious complaints receive attention before less serious
complaints; and
(3) a procedure for compiling and reporting detailed
annual statistics about complaints.
(b) The department shall develop and provide a simple form
for filing complaints with the department.
(c) The department shall provide to each person who files a
written complaint with the department, and to each person who is the
subject of a complaint, information about the department's policies
and procedures relating to complaint investigation and resolution.
(d) The department shall keep, in accordance with the
department's approved records retention schedule, an information
file about each written complaint filed with the department that
the department has authority to resolve. The department shall keep
the following information for each complaint for the purpose of
enforcing this chapter:
(1) the date the complaint is filed;
(2) the name of the person filing the complaint;
(3) the subject matter of the complaint;
(4) each person contacted in relation to the
complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) if the department does not take action on the
complaint, an explanation of the reasons that action was not taken.
(e) If a written complaint is filed with the department that
the department has authority to resolve, the department, at least
quarterly and until final disposition of the complaint, shall
notify the parties to the complaint of the status of the complaint
unless the notice would jeopardize an ongoing department
investigation.
(b) The Texas Transportation Commission shall adopt rules
under Section 391.006, Transportation Code, as added by this
section, not later than September 1, 2012.
SECTION 38. Subchapter B, Chapter 391, Transportation Code,
is amended by adding Section 391.0355 to read as follows:
Sec. 391.0355. ADMINISTRATIVE PENALTY. (a) In lieu of a
suit to collect a civil penalty, the commission, after notice and an
opportunity for a hearing before the commission, may impose an
administrative penalty against a person who violates this chapter
or a rule adopted by the commission under this chapter. Each day a
violation continues is a separate violation.
(b) The amount of the administrative penalty may not exceed
the maximum amount of a civil penalty under Section 391.035.
(c) A proceeding under this section is a contested case
under Chapter 2001, Government Code.
(d) Judicial review of an appeal of an administrative
penalty imposed under this section is under the substantial
evidence rule.
(e) An administrative penalty collected under this section
shall be deposited to the credit of the state highway fund.
SECTION 39. Section 391.063, Transportation Code, is
amended to read as follows:
Sec. 391.063. LICENSE FEE. The commission may set the
amount of a license fee according to a scale graduated by the number
of units of outdoor advertising and the number of off-premise signs
under Chapter 394 owned by a license applicant.
SECTION 40. Section 391.065(b), Transportation Code, is
amended to read as follows:
(b) For the efficient management and administration of this
chapter and to reduce the number of employees required to enforce
this chapter, the commission shall adopt rules for issuing
standardized forms that are for submission by license holders and
applicants and that provide for an accurate showing of the number,
location, or other information required by the commission for each
license holder's or applicant's outdoor advertising or off-premise
signs under Chapter 394.
SECTION 41. Section 391.066, Transportation Code, is
amended by adding Subsection (d) to read as follows:
(d) The commission may deny the renewal of a license
holder's license if the license holder has not complied with the
permit requirements of this chapter or Chapter 394.
SECTION 42. Subchapter C, Chapter 391, Transportation Code,
is amended by adding Section 391.0661 to read as follows:
Sec. 391.0661. APPLICABILITY OF LICENSE. In addition to
authorizing a person to erect or maintain outdoor advertising, a
license issued under this chapter authorizes a person to erect or
maintain an off-premise sign under Chapter 394.
SECTION 43. Section 394.005, Transportation Code, is
amended to read as follows:
Sec. 394.005. DISPOSITION OF FEES. Money the commission
receives [A registration fee collected] under this chapter [Section
394.048 by the commission] shall be deposited to the credit of the
state highway fund.
SECTION 44. (a) Subchapter A, Chapter 394, Transportation
Code, is amended by adding Section 394.006 to read as follows:
Sec. 394.006. COMPLAINTS; RECORDS. (a) The commission by
rule shall establish procedures for accepting and resolving written
complaints related to signs under this chapter. The rules must
include:
(1) a process to make information available describing
the department's procedures for complaint investigation and
resolution, including making information about the procedures
available on the department's Internet website;
(2) a system to prioritize complaints so that the most
serious complaints receive attention before less serious
complaints; and
(3) a procedure for compiling and reporting detailed
annual statistics about complaints.
(b) The department shall develop and provide a simple form
for filing complaints with the department.
(c) The department shall provide to each person who files a
written complaint with the department, and to each person who is the
subject of a complaint, information about the department's policies
and procedures relating to complaint investigation and resolution.
(d) The department shall keep, in accordance with the
department's approved records retention schedule, an information
file about each written complaint filed with the department that
the department has authority to resolve. The department shall keep
the following information for each complaint for the purpose of
enforcing this chapter:
(1) the date the complaint is filed;
(2) the name of the person filing the complaint;
(3) the subject matter of the complaint;
(4) each person contacted in relation to the
complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) if the department does not take action on the
complaint, an explanation of the reasons that action was not taken.
(e) If a written complaint is filed with the department that
the department has authority to resolve, the department, at least
quarterly and until final disposition of the complaint, shall
notify the parties to the complaint of the status of the complaint
unless the notice would jeopardize an ongoing department
investigation.
(b) The Texas Transportation Commission shall adopt rules
under Section 394.006, Transportation Code, as added by this
section, not later than September 1, 2012.
SECTION 45. The heading to Subchapter B, Chapter 394,
Transportation Code, is amended to read as follows:
SUBCHAPTER B. LICENSE AND PERMIT FOR OFF-PREMISE SIGN
SECTION 46. (a) Subchapter B, Chapter 394, Transportation
Code, is amended by adding Sections 394.0201, 394.0202, 394.0203,
394.0204, 394.0205, 394.0206, 394.0207, 394.027, 394.028, and
394.029 to read as follows:
Sec. 394.0201. ERECTING OFF-PREMISE SIGN WITHOUT LICENSE;
OFFENSE. (a) A person commits an offense if the person wilfully
erects or maintains an off-premise sign on a rural road without a
license under this subchapter.
(b) An offense under this section is a misdemeanor
punishable by a fine of not less than $500 or more than $1,000. Each
day of the proscribed conduct is a separate offense.
(c) A person is not required to obtain a license to erect or
maintain an on-premise sign.
Sec. 394.0202. ISSUANCE AND PERIOD OF LICENSE. (a) The
commission shall issue a license to a person who:
(1) files with the commission a completed application
form within the time specified by the commission;
(2) pays the appropriate license fee; and
(3) files with the commission a surety bond.
(b) A license may be issued for one year or longer.
(c) At least 30 days before the date on which a person's
license expires, the commission shall notify the person of the
impending expiration. The notice must be in writing and sent to the
person's last known address according to the records of the
commission.
Sec. 394.0203. LICENSE FEE. The commission may set the
amount of a license fee according to a scale graduated by the number
of off-premise signs and units of outdoor advertising under Chapter
391 owned by a license applicant.
Sec. 394.0204. SURETY BOND. (a) The surety bond required
of an applicant for a license under Section 394.0202 must be:
(1) in the amount of $2,500 for each county in the
state in which the person erects or maintains an off-premise sign;
and
(2) payable to the commission for reimbursement for
removal costs of an off-premise sign that the license holder
unlawfully erects or maintains.
(b) A person may not be required to provide more than
$10,000 in surety bonds.
Sec. 394.0205. RULES; FORMS. (a) The commission may adopt
rules to implement Sections 394.0201(a), 394.0202, 394.0203,
394.0204, and 394.0206.
(b) For the efficient management and administration of this
chapter and to reduce the number of employees required to enforce
this chapter, the commission shall adopt rules for issuing
standardized forms that are for submission by license holders and
applicants and that provide for an accurate showing of the number,
location, or other information required by the commission for each
license holder's or applicant's off-premise signs or outdoor
advertising under Chapter 391.
(c) The commission may not adopt a rule under this chapter
that restricts competitive bidding or advertising by the holder of
a license issued under this chapter other than a rule to prohibit
false, misleading, or deceptive practices. The limitation provided
by this section applies only to rules relating to the occupation of
outdoor advertiser and does not affect the commission's power to
regulate the orderly and effective display of an off-premise sign
under this chapter. A rule to prohibit false, misleading, or
deceptive practices may not:
(1) restrict the use of:
(A) any legal medium for an advertisement;
(B) the license holder's advertisement under a
trade name; or
(C) the license holder's personal appearance or
voice in an advertisement, if the license holder is an individual;
or
(2) relate to the size or duration of an advertisement
by the license holder.
Sec. 394.0206. REVOCATION OR SUSPENSION OF LICENSE; APPEAL.
(a) The commission may revoke or suspend a license issued under
this subchapter or place on probation a license holder whose
license is suspended if the license holder violates this chapter or
a rule adopted under this chapter. If the suspension of the license
is probated, the department may require the license holder to
report regularly to the commission on any matter that is the basis
of the probation.
(b) The judicial appeal of the revocation or suspension of a
license must be initiated not later than the 15th day after the date
of the commission's action.
(c) The commission may adopt rules for the reissuance of a
revoked or suspended license and may set fees for the reissuance.
(d) The commission may deny the renewal of a license
holder's existing license if the license holder has not complied
with the permit requirements of this chapter or Chapter 391.
Sec. 394.0207. APPLICABILITY OF LICENSE. In addition to
authorizing a person to erect or maintain an off-premise sign, a
license issued under this chapter authorizes a person to erect or
maintain outdoor advertising under Chapter 391.
Sec. 394.027. DENIAL OF PERMIT; APPEAL. The commission may
create a process by which an applicant may appeal a denial of a
permit under this subchapter.
Sec. 394.028. FEE AMOUNTS. The license and permit fees
required by this subchapter may not exceed an amount reasonably
necessary to cover the administrative costs incurred to enforce
this chapter.
Sec. 394.029. EXCEPTIONS FOR CERTAIN NONPROFIT
ORGANIZATIONS. (a) The combined license and permit fees under
this subchapter may not exceed $10 for an off-premise sign erected
and maintained by a nonprofit organization in a municipality or a
municipality's extraterritorial jurisdiction if the sign relates
to or promotes only the municipality or a political subdivision
whose jurisdiction is wholly or partly concurrent with the
municipality.
(b) The nonprofit organization is not required to file a
bond as provided by Section 394.0202(a)(3).
(b) The change in law made by Section 394.0201,
Transportation Code, as added by this section, applies only to an
off-premise sign erected or for which the permit expires on or after
the effective date of this Act. An off-premise sign for which a
permit is issued before the effective date of this Act is covered by
the law in effect when the permit was issued, and the former law is
continued in effect for that purpose.
SECTION 47. Section 394.050, Transportation Code, is
amended to read as follows:
Sec. 394.050. [BOARD OF] VARIANCE. The commission or a
person designated by the commission [commission shall provide for a
board of variance that], in an appropriate case and subject to an
appropriate condition or safeguard, may make a special exception to
this chapter regarding a permit for an off-premise outdoor sign on a
rural road.
SECTION 48. Sections 394.082(a) and (d), Transportation
Code, are amended to read as follows:
(a) In lieu of a suit to collect a civil penalty, the
commission, after notice and an opportunity for a hearing before
the commission, may impose an administrative penalty against a
person who [intentionally] violates this chapter or a rule adopted
by the commission under this chapter. Each day a violation
continues is a separate violation.
(d) Judicial review of an appeal of an administrative
penalty imposed under this section is under the substantial
evidence rule [by trial de novo].
SECTION 49. Subchapter D, Chapter 472, Transportation Code,
is amended by adding Section 472.035 to read as follows:
Sec. 472.035. COORDINATION WITH DEPARTMENT TO DEVELOP
LONG-TERM PLANNING ASSUMPTIONS. Each metropolitan planning
organization shall work with the department to develop mutually
acceptable assumptions for the purposes of long-range federal and
state funding forecasts and use those assumptions to guide
long-term planning in the organization's long-range transportation
plan.
SECTION 50. Chapter 544, Transportation Code, is amended by
adding Section 544.013 to read as follows:
Sec. 544.013. CHANGEABLE MESSAGE SIGN SYSTEM. (a) In this
section, "changeable message sign" means a sign that conforms to
the manual and specifications adopted under Section 544.001. The
term includes a dynamic message sign.
(b) The Texas Department of Transportation in cooperation
with local governments shall actively manage a system of changeable
message signs located on highways under the jurisdiction of the
department to mitigate traffic congestion by providing current
information to the traveling public, including information about
traffic incidents, weather conditions, road construction, and
alternative routes when applicable.
SECTION 51. Section 621.001, Transportation Code, is
amended by amending Subdivisions (3) and (4) and adding Subdivision
(13) to read as follows:
(3) "Department" means the Texas Department of Motor
Vehicles [Transportation].
(4) "Director" means the executive director of the
Texas Department of Motor Vehicles [Transportation].
(13) "Board" means the board of the Texas Department
of Motor Vehicles.
SECTION 52. Section 621.003(a), Transportation Code, is
amended to read as follows:
(a) The board [commission] by rule may authorize the
director to enter into with the proper authority of another state an
agreement that authorizes:
(1) the authority of the other state to issue on behalf
of the department to the owner or operator of a vehicle, or
combination of vehicles, that exceeds the weight or size limits
allowed by this state a permit that authorizes the operation or
transportation on a highway in this state of the vehicle or
combination of vehicles; and
(2) the department to issue on behalf of the authority
of the other state to the owner or operator of a vehicle, or
combination of vehicles, that exceeds the weight or size limits
allowed by that state a permit that authorizes the operation or
transportation on a highway of that state of the vehicle or
combination of vehicles.
SECTION 53. Section 621.004, Transportation Code, is
amended to read as follows:
Sec. 621.004. ADMISSIBILITY OF CERTIFICATE OF VERTICAL
CLEARANCE. In each civil or criminal proceeding in which a
violation of this chapter may be an issue, a certificate of the
vertical clearance of a structure, including a bridge or underpass,
signed by the executive director of the Texas Department of
Transportation is admissible in evidence for all purposes.
SECTION 54. Section 621.006, Transportation Code, is
amended to read as follows:
Sec. 621.006. RESTRICTED OPERATION ON CERTAIN HOLIDAYS.
The commission [department] by rule may impose restrictions on the
weight and size of vehicles to be operated on state highways on the
following holidays only:
(1) New Year's Day;
(2) Memorial Day;
(3) Independence Day;
(4) Labor Day;
(5) Thanksgiving Day; and
(6) Christmas Day.
SECTION 55. Subchapter A, Chapter 621, Transportation Code,
is amended by adding Section 621.008 to read as follows:
Sec. 621.008. RULEMAKING AUTHORITY. The board may adopt
rules necessary to implement and enforce this chapter.
SECTION 56. Section 621.102(d), Transportation Code, is
amended to read as follows:
(d) A maximum weight or load set under this section becomes
effective on a highway or road when appropriate signs giving notice
of the maximum weight or load are erected on the highway or road by
the Texas Department of Transportation under order of the
commission.
SECTION 57. Sections 621.202(a) and (b), Transportation
Code, are amended to read as follows:
(a) To comply with safety and operational requirements of
federal law, the commission by order may set the maximum width of a
vehicle, including the load on the vehicle, at eight feet for a
designated highway or segment of a highway if the results of an
engineering and traffic study, conducted by the Texas Department of
Transportation, that includes an analysis of structural capacity of
bridges and pavements, traffic volume, unique climatic conditions,
and width of traffic lanes support the change.
(b) An order under this section becomes effective on the
designated highway or segment when appropriate signs giving notice
of the limitations are erected by the Texas Department of
Transportation.
SECTION 58. Sections 621.301(a) and (d), Transportation
Code, are amended to read as follows:
(a) The commissioners court of a county may establish load
limits for any county road or bridge only with the concurrence of
the Texas Department of Transportation [department]. A load limit
shall be deemed concurred with by the Texas Department of
Transportation [department] 30 days after the county submits to the
Texas Department of Transportation [department] the load limit
accompanied by supporting documentation and calculations reviewed
and sealed by an engineer licensed in this state, though the Texas
Department of Transportation [department] may review the load limit
and withdraw concurrence at any time after the 30-day period.
(d) A maximum weight set under this section becomes
effective on a road when appropriate signs giving notice of the
maximum weight are erected by the Texas Department of
Transportation on the road under order of the commissioners court.
SECTION 59. Section 621.352(a), Transportation Code, is
amended to read as follows:
(a) The board [commission] by rule may establish fees for
the administration of Section 621.003 in an amount that, when added
to the other fees collected by the department, does not exceed the
amount sufficient to recover the actual cost to the department of
administering that section. An administrative fee collected under
this section shall be sent to the comptroller for deposit to the
credit of the state highway fund and may be appropriated only to the
department for the administration of Section 621.003.
SECTION 60. Section 621.356, Transportation Code, is
amended to read as follows:
Sec. 621.356. FORM OF PAYMENT. The board [commission] may
adopt rules prescribing the method for payment of a fee for a permit
issued by the department that authorizes the operation of a vehicle
and its load or a combination of vehicles and load exceeding size or
weight limitations. The rules may:
(1) authorize the use of electronic funds transfer or
a credit card issued by:
(A) a financial institution chartered by a state
or the federal government; or
(B) a nationally recognized credit organization
approved by the board [commission]; and
(2) require the payment of a discount or service
charge for a credit card payment in addition to the fee.
SECTION 61. Section 621.504, Transportation Code, is
amended to read as follows:
Sec. 621.504. BRIDGE OR UNDERPASS CLEARANCE. A person may
not operate or attempt to operate a vehicle over or on a bridge or
through an underpass or similar structure unless the height of the
vehicle, including load, is less than the vertical clearance of the
structure as shown by the records of the Texas Department of
Transportation [department].
SECTION 62. Section 622.001, Transportation Code, is
amended to read as follows:
Sec. 622.001. DEFINITIONS [DEFINITION]. In this chapter:
(1) "Commission" means the Texas Transportation
Commission.
(2) "Department"[, "department"] means the Texas
Department of Motor Vehicles [Transportation].
SECTION 63. Subchapter A, Chapter 622, Transportation Code,
is amended by adding Section 622.002 to read as follows:
Sec. 622.002. RULEMAKING AUTHORITY. The board of the
department may adopt rules necessary to implement and enforce this
chapter.
SECTION 64. Sections 622.013(a) and (b), Transportation
Code, are amended to read as follows:
(a) The owner of a ready-mixed concrete truck with a tandem
axle weight heavier than 34,000 pounds shall before operating the
vehicle on a public highway of this state file with the department a
surety bond subject to the approval of the Texas Department of
Transportation [department] in the principal amount set by the
Texas Department of Transportation [department] not to exceed
$15,000 for each truck.
(b) The bond must be conditioned that the owner of the truck
will pay to the Texas Department of Transportation [state], within
the limit of the bond, any damage to a highway caused by the
operation of the truck.
SECTION 65. Sections 622.134(a) and (b), Transportation
Code, are amended to read as follows:
(a) Except as provided by Subsection (c), the owner of a
vehicle covered by this subchapter with a tandem axle weight
heavier than 34,000 pounds shall before operating the vehicle on a
public highway of this state file with the department a surety bond
subject to the approval of the Texas Department of Transportation
[department] in the principal amount set by the Texas Department of
Transportation [department] not to exceed $15,000 for each vehicle.
(b) The bond must be conditioned that the owner of the
vehicle will pay, within the limits of the bond, to the Texas
Department of Transportation [state] any damage to a highway, to a
county any damage to a county road, and to a municipality any damage
to a municipal street caused by the operation of the vehicle.
SECTION 66. Section 623.001, Transportation Code, is
amended by amending Subdivision (1) and adding Subdivisions (4) and
(5) to read as follows:
(1) "Department" means the Texas Department of Motor
Vehicles [Transportation].
(4) "Board" means the board of the Texas Department of
Motor Vehicles.
(5) "Commission" means the Texas Transportation
Commission.
SECTION 67. Subchapter A, Chapter 623, Transportation Code,
is amended by adding Sections 623.002 and 623.003 to read as
follows:
Sec. 623.002. RULEMAKING AUTHORITY. The board may adopt
rules necessary to implement and enforce this chapter.
Sec. 623.003. ROUTE DETERMINATION. (a) To the extent the
department is required to determine a route under this chapter, the
department shall base the department's routing decision on
information provided by the Texas Department of Transportation.
(b) The Texas Department of Transportation shall provide
the department with all routing information necessary to complete a
permit issued under Section 623.071, 623.121, 623.142, or 623.192.
SECTION 68. Section 623.0112, Transportation Code, is
amended to read as follows:
Sec. 623.0112. ADDITIONAL ADMINISTRATIVE FEE. When a
person applies for a permit under Section 623.011, the person must
pay in addition to other fees an administrative fee adopted by board
[department] rule in an amount not to exceed the direct and indirect
cost to the department of:
(1) issuing a sticker under Section 623.011(d);
(2) distributing fees under Section 621.353; and
(3) notifying counties under Section 623.013.
SECTION 69. Section 623.012(b), Transportation Code, is
amended to read as follows:
(b) The bond or letter of credit must:
(1) be in the amount of $15,000 payable to the Texas
Department of Transportation [department] and the counties of this
state;
(2) be conditioned that the applicant will pay the
Texas Department of Transportation [department] for any damage to a
state highway, and a county for any damage to a road or bridge of the
county, caused by the operation of the vehicle for which the permit
is issued at a heavier weight than the maximum weights authorized by
Subchapter B of Chapter 621 or Section 621.301; and
(3) provide that the issuer is to notify the Texas
Department of Transportation [department] and the applicant in
writing promptly after a payment is made by the issuer on the bond
or letter of credit.
SECTION 70. Sections 623.016(a) and (b), Transportation
Code, are amended to read as follows:
(a) The Texas Department of Transportation [department] or
a county may recover on the bond or letter of credit required for a
permit issued under Section 623.011 only by a suit against the
permit holder and the issuer of the bond or letter of credit.
(b) Venue for a suit by the Texas Department of
Transportation [department] is in a district court in:
(1) the county in which the defendant resides;
(2) the county in which the defendant has its
principal place of business in this state if the defendant is a
corporation or partnership; or
(3) Travis County if the defendant is a corporation or
partnership that does not have a principal place of business in this
state.
SECTION 71. Section 623.051(a), Transportation Code, is
amended to read as follows:
(a) A person may operate a vehicle that cannot comply with
one or more of the restrictions of Subchapter C of Chapter 621 or
Section 621.101 to cross the width of any road or highway under the
jurisdiction of the Texas Department of Transportation
[department], other than a controlled access highway as defined by
Section 203.001, from private property to other private property if
the person contracts with the commission to indemnify the Texas
Department of Transportation [department] for the cost of
maintenance and repair of the part of the highway crossed by the
vehicle.
SECTION 72. Section 623.052(b), Transportation Code, is
amended to read as follows:
(b) Before a person may operate a vehicle under this
section, the person must:
(1) contract with the Texas Department of
Transportation [department] to indemnify the Texas Department of
Transportation [department] for the cost of the maintenance and
repair for damage caused by a vehicle crossing that part of the
highway; and
(2) execute an adequate surety bond to compensate for
the cost of maintenance and repair, approved by the comptroller and
the attorney general, with a corporate surety authorized to do
business in this state, conditioned on the person fulfilling each
obligation of the agreement.
SECTION 73. Section 623.075(a), Transportation Code, is
amended to read as follows:
(a) Before the department may issue a permit under this
subchapter, the applicant shall file with the department a bond in
an amount set by the Texas Department of Transportation
[department], payable to the Texas Department of Transportation
[department], and conditioned that the applicant will pay to the
Texas Department of Transportation [department] any damage that
might be sustained to the highway because of the operation of the
equipment for which a permit is issued.
SECTION 74. Sections 623.076(b) and (c), Transportation
Code, are amended to read as follows:
(b) The board [Texas Transportation Commission] may adopt
rules for the payment of a fee under Subsection (a). The rules may:
(1) authorize the use of electronic funds transfer;
(2) authorize the use of a credit card issued by:
(A) a financial institution chartered by a state
or the United States; or
(B) a nationally recognized credit organization
approved by the board [Texas Transportation Commission]; and
(3) require the payment of a discount or service
charge for a credit card payment in addition to the fee prescribed
by Subsection (a).
(c) An application for a permit under Section 623.071(c)(3)
or (d) must be accompanied by the permit fee established by the
board, in consultation with the commission, for the permit, not to
exceed $7,000. Of each fee collected under this subsection, the
department shall send:
(1) the first $1,000 to the comptroller for deposit to
the credit of the general revenue fund; and
(2) any amount in excess of $1,000 to the comptroller
for deposit to the credit of the state highway fund.
SECTION 75. Section 623.078, Transportation Code, is
amended to read as follows:
Sec. 623.078. VEHICLE SUPERVISION FEE. (a) Each applicant
for a permit under this subchapter for a vehicle that is heavier
than 200,000 pounds must also pay a vehicle supervision fee in an
amount determined by the Texas Department of Transportation
[department] and designed to recover the direct cost of providing
safe transportation of the vehicle over the state highway system,
including the cost of:
(1) bridge structural analysis;
(2) the monitoring of the trip process; and
(3) moving traffic control devices.
(b) The board [department] shall send each fee collected
under Subsection (a) to the comptroller for deposit to the credit of
the state highway fund.
SECTION 76. Section 623.080(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by Subsection (b), a permit under
this subchapter must include:
(1) the name of the applicant;
(2) the date of issuance;
(3) the signature of the director of the department
[or of a division engineer];
(4) a statement of the kind of equipment to be
transported over the highway, the weight and dimensions of the
equipment, and the kind and weight of each commodity to be
transported; and
(5) a statement of any condition on which the permit is
issued.
SECTION 77. Section 623.093(f), Transportation Code, is
amended to read as follows:
(f) If an application for a permit to move a manufactured
house is accompanied by a copy of a writ of possession issued by a
court of competent jurisdiction, the applicant is not required to
submit the written statement from the chief appraiser [set forth in
Subsection (d)].
SECTION 78. Section 623.096(b), Transportation Code, is
amended to read as follows:
(b) The board, in consultation with the Texas Department of
Transportation, [department] shall adopt rules concerning fees for
each annual permit issued under Section 623.095(c) at a cost not to
exceed $3,000.
SECTION 79. Section 623.099(e), Transportation Code, is
amended to read as follows:
(e) The Texas Department of Transportation [department]
shall publish and annually revise a map or list of the bridges or
overpasses that because of height or width require an escort flag
vehicle to stop oncoming traffic while a manufactured house crosses
the bridge or overpass.
SECTION 80. Sections 623.100(b) and (c), Transportation
Code, are amended to read as follows:
(b) The Texas Department of Transportation [department] may
limit the hours for travel on certain routes because of heavy
traffic conditions.
(c) The Texas Department of Transportation [department]
shall publish the limitation on movements prescribed by this
section and the limitations adopted under Subsection (b) and shall
make the publications available to the public. Each limitation
adopted by the Texas Department of Transportation [department] must
be made available to the public before it takes effect.
SECTION 81. Section 623.126(a), Transportation Code, is
amended to read as follows:
(a) A permit issued under this subchapter must:
(1) contain the name of the applicant;
(2) be dated and signed by the director of the
department[, a division engineer,] or a designated agent;
(3) state the make and model of the portable building
unit or units to be transported over the highways;
(4) state the make and model of the towing vehicle;
(5) state the combined length and width of the
portable building unit or units and towing vehicle; and
(6) state each highway over which the portable
building unit or units are to be moved.
SECTION 82. Section 623.142(a), Transportation Code, is
amended to read as follows:
(a) The department may, on application, issue a permit for
the movement over a road or highway under the jurisdiction of the
Texas Department of Transportation [department] of a vehicle that:
(1) is a piece of fixed-load mobile machinery or
equipment used to service, clean out, or drill an oil well; and
(2) cannot comply with the restrictions set out in
Subchapter C of Chapter 621 and Section 621.101.
SECTION 83. Sections 623.145 and 623.146, Transportation
Code, are amended to read as follows:
Sec. 623.145. RULES; FORMS AND PROCEDURES; FEES. (a) The
board, in consultation with the commission, [Texas Transportation
Commission] by rule shall provide for the issuance of permits under
this subchapter. The rules must include each matter the board and
commission determine [determines] necessary to implement this
subchapter and:
(1) requirements for forms and procedures used in
applying for a permit;
(2) conditions with regard to route and time of
movement;
(3) requirements for flags, flaggers, and warning
devices;
(4) the fee for a permit; and
(5) standards to determine whether a permit is to be
issued for one trip only or for a period established by the
commission.
(b) In adopting a rule or establishing a fee, the board and
commission shall consider and be guided by:
(1) the state's investment in its highway system;
(2) the safety and convenience of the general
traveling public;
(3) the registration or license fee paid on the
vehicle for which the permit is requested;
(4) the fees paid by vehicles operating within legal
limits;
(5) the suitability of roadways and subgrades on the
various classes of highways of the system;
(6) the variation in soil grade prevalent in the
different regions of the state;
(7) the seasonal effects on highway load capacity;
(8) the highway shoulder design and other highway
geometrics;
(9) the load capacity of the highway bridges;
(10) administrative costs;
(11) added wear on highways; and
(12) compensation for inconvenience and necessary
delays to highway users.
Sec. 623.146. VIOLATION OF RULE. A permit under this
subchapter is void on the failure of an owner or the owner's
representative to comply with a rule of the board [commission] or
with a condition placed on the permit, and immediately on the
violation, further movement over the highway of an oversize or
overweight vehicle violates the law regulating the size or weight
of a vehicle on a public highway.
SECTION 84. Sections 623.163(a) and (b), Transportation
Code, are amended to read as follows:
(a) The owner of a vehicle used exclusively to transport
solid waste with a tandem axle load heavier than 34,000 pounds shall
before operating the vehicle on a public highway of this state file
with the department a surety bond subject to the approval of the
Texas Department of Transportation [department] in the principal
amount set by the Texas Department of Transportation [department]
not to exceed $15,000 for each vehicle.
(b) The bond must be conditioned that the owner of the
vehicle will pay to the Texas Department of Transportation [state]
and to any municipality in which the vehicle is operated on a
municipal street, within the limit of the bond, any damages to a
highway or municipal street caused by the operation of the vehicle.
SECTION 85. Section 623.192(a), Transportation Code, is
amended to read as follows:
(a) The department may, on application, issue a permit to a
person to move over a road or highway under the jurisdiction of the
Texas Department of Transportation [department] an unladen lift
equipment motor vehicle that cannot comply with the restrictions
set out in Subchapter C of Chapter 621 and Section 621.101.
SECTION 86. Sections 623.195 and 623.196, Transportation
Code, are amended to read as follows:
Sec. 623.195. RULES; FORMS AND PROCEDURES; FEES. (a) The
board, in consultation with the commission, [Texas Transportation
Commission] by rule shall provide for the issuance of a permit under
this subchapter. The rules must include each matter the board and
the commission determine [determines] necessary to implement this
subchapter and:
(1) requirements for forms and procedures used in
applying for a permit;
(2) conditions with regard to route and time of
movement;
(3) requirements for flags, flaggers, and warning
devices;
(4) the fee for a permit; and
(5) standards to determine whether a permit is to be
issued for one trip only or for a period established by the
commission.
(b) In adopting a rule or establishing a fee, the board and
the commission shall consider and be guided by:
(1) the state's investment in its highway system;
(2) the safety and convenience of the general
traveling public;
(3) the registration or license fee paid on the
vehicle for which the permit is requested;
(4) the fees paid by vehicles operating within legal
limits;
(5) the suitability of roadways and subgrades on the
various classes of highways of the system;
(6) the variation in soil grade prevalent in the
different regions of the state;
(7) the seasonal effects on highway load capacity;
(8) the highway shoulder design and other highway
geometrics;
(9) the load capacity of highway bridges;
(10) administrative costs;
(11) added wear on highways; and
(12) compensation for inconvenience and necessary
delays to highway users.
Sec. 623.196. VIOLATION OF RULE. A permit under this
subchapter is void on the failure of an owner or the owner's
representative to comply with a rule of the board [commission] or
with a condition placed on the permit, and immediately on the
violation, further movement over a highway of an oversize or
overweight vehicle violates the law regulating the size or weight
of a vehicle on a public highway.
SECTION 87. Section 623.212, Transportation Code, is
amended to read as follows:
Sec. 623.212. PERMITS BY PORT AUTHORITY. The commission
[department] may authorize a port authority to issue permits for
the movement of oversize or overweight vehicles carrying cargo on
state highways located in counties contiguous to the Gulf of Mexico
or a bay or inlet opening into the gulf and bordering the United
Mexican States.
SECTION 88. Section 623.215(b), Transportation Code, is
amended to read as follows:
(b) A port authority shall report to the Texas Department of
Transportation [department] all permits issued under this
subchapter.
SECTION 89. Section 623.233, Transportation Code, is
amended to read as follows:
Sec. 623.233. MAINTENANCE CONTRACTS. The district shall
make payments to the Texas Department of Transportation
[department] to provide funds for the maintenance of state highways
subject to this subchapter.
SECTION 90. Section 623.235(b), Transportation Code, is
amended to read as follows:
(b) The district shall report to the Texas Department of
Transportation [department] all permits issued under this
subchapter.
SECTION 91. Section 623.253, Transportation Code, is
amended to read as follows:
Sec. 623.253. MAINTENANCE CONTRACTS. The county shall make
payments to the Texas Department of Transportation [department] to
provide funds for the maintenance of state highways subject to this
subchapter.
SECTION 92. Section 623.304, Transportation Code, is
amended to read as follows:
Sec. 623.304. MAINTENANCE CONTRACTS. The port authority
shall make payments to the Texas Department of Transportation
[department] to provide funds for the maintenance of state highways
subject to this subchapter.
SECTION 93. Section 547.304(c), Transportation Code, is
amended to read as follows:
(c) Except for Sections 547.323 and 547.324, a provision of
this chapter that requires a vehicle to be equipped with lamps,
reflectors, and lighting equipment does not apply to a mobile home
if the mobile home:
(1) is moved under a permit issued by the Texas
Department of Motor Vehicles [Transportation] under Subchapter D,
Chapter 623; and
(2) is not moved at a time or under a condition
specified by Section 547.302(a).
SECTION 94. Section 1001.002(b), Transportation Code, is
amended to read as follows:
(b) In addition to the other duties required of the Texas
Department of Motor Vehicles, the department shall administer and
enforce:
(1) Subtitle A;
(2) Chapters 621, 622, 623, 642, 643, 645, 646, and
648; and
(3) Chapters 2301 and 2302, Occupations Code.
SECTION 95. Sections 1201.161(a), (b), and (c), Occupations
Code, are amended to read as follows:
(a) Notwithstanding any other statute or rule or ordinance,
a licensed retailer or licensed installer is not required to obtain
a permit, certificate, or license or pay a fee to transport
manufactured housing to the place of installation except as
required by the Texas Department of Motor Vehicles [Transportation]
under Subchapter E, Chapter 623, Transportation Code.
(b) The department shall cooperate with the Texas
Department of Motor Vehicles [Transportation] by providing current
lists of licensed manufacturers, retailers, and installers.
(c) The Texas Department of Motor Vehicles [Transportation]
shall send the department monthly:
(1) a copy of each permit issued in the preceding month
for the movement of manufactured housing on the highways; or
(2) a list of the permits issued in the preceding month
and the information on the permits.
SECTION 96. (a) Except as otherwise provided by this Act,
not later than January 1, 2012, the following are transferred from
the Texas Department of Transportation to the Texas Department of
Motor Vehicles:
(1) the powers, duties, functions, programs,
activities, and rights of action of the Texas Department of
Transportation relating to oversize and overweight vehicles under
Chapters 621, 622, and 623, Transportation Code;
(2) any obligations, funds, negotiations, grants,
memoranda of understanding, leases, rights, and contracts of the
Texas Department of Transportation that are directly related to
implementing a power, duty, function, program, activity, or right
of action transferred under this subsection; and
(3) all personnel, furniture, computers, equipment,
other property, records, and related materials in the custody of
the Texas Department of Transportation that are related to a power,
duty, function, program, activity, or right of action transferred
under this subsection and all funds appropriated by the legislature
for that power, duty, function, program, activity, or right of
action.
(b) The Texas Department of Motor Vehicles shall continue
any case or proceeding relating to oversize and overweight vehicles
under Chapters 621, 622, and 623, Transportation Code, that was
brought before the effective date of this Act in accordance with the
law in effect on the date the case or proceeding was brought, and
the former law is continued in effect for that purpose.
(c) A certificate, license, document, permit, registration,
or other authorization issued by the Texas Department of
Transportation relating to oversize and overweight vehicles under
Chapters 621, 622, and 623, Transportation Code, that is in effect
on the effective date of this Act remains valid for the period for
which it was issued unless suspended or revoked by the Texas
Department of Motor Vehicles.
(d) The unobligated and unexpended balance of any
appropriations made to the Texas Department of Transportation in
connection with or relating to oversize and overweight vehicles
under Chapter 621, 622, or 623, Transportation Code, for the state
fiscal biennium ending August 31, 2011, is transferred and
reappropriated to the Texas Department of Motor Vehicles for the
purpose of implementing the powers, duties, obligations, and rights
of action transferred to that department.
(e) The Texas Department of Transportation shall continue,
as necessary, to perform the duties and functions that are being
transferred to the Texas Department of Motor Vehicles under this
Act until the transfer of agency duties and functions is complete.
(f) A rule or form adopted by the Texas Department of
Transportation that relates to a power, duty, function, program,
activity, or right of action transferred under Subsection (a) of
this section is a rule or form of the Texas Department of Motor
Vehicles and remains in effect until altered by the Texas
Department of Motor Vehicles.
(g) A reference in law to the Texas Department of
Transportation that relates to a power, duty, function, program,
activity, or right of action transferred under Subsection (a) of
this section means the Texas Department of Motor Vehicles.
SECTION 97. (a) The Texas Department of Motor Vehicles may
enter into a memorandum of understanding with a state agency,
including the Texas Department of Transportation, if the board of
the Texas Department of Motor Vehicles determines the memorandum is
necessary or appropriate to implement the changes made by this Act
to Chapters 621, 622, and 623, Transportation Code.
(b) The memorandum of understanding described by Subsection
(a) of this section may:
(1) coordinate the Texas Department of Motor Vehicles'
and the Texas Department of Transportation's information systems to
allow for the sharing of information so each department may
effectively and efficiently perform the functions and duties
assigned to the department;
(2) provide for implementing the memorandum using
existing personnel and resources from the Texas Department of Motor
Vehicles and the Texas Department of Transportation;
(3) allow for the sharing of otherwise confidential
information subject to the same confidentiality requirements and
legal restrictions on access to the information that are imposed by
law on the agency that originally obtained or collected the
information;
(4) allow for the sharing of information without the
consent of the person who is the subject of the information; and
(5) include an agreement for:
(A) the provision of office space, utilities, and
other facility services;
(B) the need for full-time equivalent positions
of the Texas Department of Transportation to provide support
services in addition to the positions transferred to the Texas
Department of Motor Vehicles under Section 96(a)(3) of this Act;
(C) support services; and
(D) the transfer of information technology as
necessary or appropriate to effectuate the transfer of the powers
and duties of the Texas Department of Transportation to the Texas
Department of Motor Vehicles.
(c) The Texas Department of Motor Vehicles and the Texas
Department of Transportation may not impose, collect, or charge a
fee in connection with the sharing of information under a
memorandum of understanding entered into or revised under this
section.
SECTION 98. Section 201.0545, Transportation Code, is
repealed.
SECTION 99. This Act takes effect September 1, 2011.