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