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A BILL TO BE ENTITLED
|
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AN ACT
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relating to the continuation and functions of the Texas Department |
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of Transportation; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 201.001, Transportation Code, is amended |
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by adding Subsection (c) to read as follows: |
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(c) In this chapter, "local transportation entity" means an |
|
entity that participates in the transportation planning process, |
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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 |
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Subsection (b-1) to read as follows: |
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(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. |
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(d) A [Except as provided by Subsection (e), a] person is |
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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; |
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(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. |
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(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. |
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(j) In this section, "Texas trade association" means a |
|
[nonprofit,] cooperative[,] and voluntarily joined statewide |
|
association of business or professional competitors in this state |
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designed to assist its members and its industry or profession in |
|
dealing with mutual business or professional problems and in |
|
promoting their common interest. |
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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: |
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(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: |
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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. |
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(e) The chief financial officer shall report to the |
|
director. |
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(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: |
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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. |
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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: |
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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. |