Bill Text: TX SB1420 | 2011-2012 | 82nd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the continuation and functions of the Texas Department of Transportation; providing penalties.

Spectrum: Slight Partisan Bill (Republican 5-2)

Status: (Passed) 2011-06-17 - See remarks for effective date [SB1420 Detail]

Download: Texas-2011-SB1420-Introduced.html

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82R6194 JTS-D
By: Hinojosa, Hegar, Nichols S.B. No. 1420

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. (a) Section 201.003, Transportation Code, is
amended to read as follows:
Sec. 201.003. TITLE AND ORGANIZATIONAL CHANGES. (a) A
reference in law to the State Highway Department, Texas Highway
Department, or State Department of Highways and Public
Transportation means the Texas Department of Transportation.
(b) A reference in law to the State Highway Commission, [or]
State Highway and Public Transportation Commission, or Texas
Transportation Commission means the commissioner of transportation
[Texas Transportation Commission].
(c) A reference in law to the State Highway Engineer, the
[or] State Engineer-Director for Highways and Public
Transportation, or [means] the director of the Texas Department of
Transportation means the commissioner of transportation.
(d) A reference in law to the chair of the commission means
the commissioner of transportation [means the chair of the
commission].
(e) A [reference in] law that authorizes the Texas
Transportation Commission to authorize the director of the Texas
Department of Transportation to take an action shall be construed
to authorize the commissioner of transportation to take that action
[to a member of the commission means a commissioner].
(b) This section takes effect on the date the initial
commissioner of transportation takes office.
SECTION 2. (a) Subchapter B, Chapter 201, Transportation
Code, is amended to read as follows:
SUBCHAPTER B. COMMISSIONER OF [TEXAS] TRANSPORTATION [COMMISSION]
Sec. 201.051. COMMISSIONER [COMMISSION]. (a) The
commissioner is appointed by the governor with the advice and
consent of the senate for a term of two years that expires February
1 of each odd-numbered year. If the governor does not appoint the
commissioner before February 28 of an odd-numbered year, the
lieutenant governor shall appoint the commissioner. A commissioner
appointed by the lieutenant governor is not subject to confirmation
by the senate. [Texas Transportation Commission consists of five
members appointed by the governor with the advice and consent of the
senate.]
(b) The commissioner may not accept a contribution to a
campaign for election to an elected office. If the 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 [members
shall be appointed to reflect the diverse geographic regions and
population groups of this state. One member must reside in a rural
area].
(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. This subsection expires on the date
Subsection (b) takes effect.
(c) A [Each member of the commission must represent the
general public.
[(d) Except as provided by Subsection (e), a] person is not
eligible to serve [for appointment] as commissioner [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.
(d) [(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 commissioner [or a Texas trade association of automobile
dealers may not be a member of the commission].
(e) [(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 commissioner [or a Texas association of
automobile dealers may not be a member of the commission].
(f) [(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 serve as commissioner [may not
serve as a member of the commission].
(g) The appointment of the commissioner [(i) Appointments
to the commission] shall be made without regard to race, color,
disability, sex, religion, age, or national origin of the appointee
[appointees and shall reflect the diversity of the population of
the state as a whole].
(h) [(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.
(i) The commissioner is a successor to the Texas
Transportation Commission for all purposes, including for the
purposes of the following sections of Article III, Texas
Constitution:
(1) Sections 49-k, 49-l, and 49-m;
(2) Section 49-n, as added by H.J.R. 28, Acts of the
78th Legislature, Regular Session, 2003; and
(3) Sections 49-o and 49-p.
Sec. 201.052. CERTAIN DUTIES. (a) [TERMS. Members of the
commission serve staggered six-year terms, with the terms of either
one or two members expiring February 1 of each odd-numbered year.
[Sec. 201.053. CHAIR OF THE COMMISSION. (a) The governor
periodically shall designate one commissioner as the chair of the
commission, who shall serve as presiding officer of the commission.
[(b)] The commissioner [chair] shall:
(1) [preside over commission meetings, make rulings on
motions and points of order, and determine the order of business;
[(2)] represent the department in dealing with the
governor;
(2) [(3)] report to the governor on the state of
affairs of the department at least quarterly;
(3) [(4) report to the commission the governor's
suggestions for department operations;
[(5)] report to the governor on efforts, including
legislative requirements, to maximize the efficiency of department
operations through the use of private enterprise;
(4) [(6)] periodically review the department's
organizational structure and submit recommendations for structural
changes to the governor[, the commission,] and the Legislative
Budget Board;
(5) [(7)] designate one or more employees of the
department as a civil rights division of the department and receive
regular reports from the division on the department's efforts to
comply with civil rights legislation and administrative rules;
(6) [(8) create subcommittees, appoint commissioners
to subcommittees, and receive the reports of subcommittees to the
commission as a whole;
[(9)] appoint a deputy commissioner to act in the
commissioner's [chair's] absence; and
(7) [(10)] serve as the departmental liaison with the
governor and the Office of State-Federal Relations to maximize
federal funding for transportation.
(b) Subject to the General Appropriations Act, the
commissioner may employ any additional personnel necessary for the
department to perform the department's duties under this chapter.
[Sec. 201.054. COMMISSION MEETINGS. The commission shall
hold regular meetings at least once a month and special meetings at
the call of the chair. Commissioners shall attend the meetings of
the commission. The chair shall oversee the preparation of an
agenda for each meeting and ensure that a copy is provided to each
commissioner at least seven days before the meeting.
[Sec. 201.0545. RECOMMENDATIONS TO LEGISLATURE. (a) The
commission shall consider ways in which the department's operations
may be improved and may periodically report to the legislature
concerning potential statutory changes that would improve the
operation of the department.
[(b) On behalf of the commission, the chair shall report to
the governor, the lieutenant governor, the speaker of the house of
representatives, and the presiding officers of relevant
legislative committees on legislative recommendations adopted by
the commission and relating to the operation of the department.]
Sec. 201.053 [201.056]. COMPENSATION. The commissioner [A
member of the commission] is entitled to compensation as provided
by the General Appropriations Act. [If compensation for members is
not provided by that Act, each member is entitled to reimbursement
for actual and necessary expenses incurred in performing functions
as a member of the commission.]
Sec. 201.054 [201.057]. GROUNDS FOR REMOVAL. (a) It is a
ground for removal [from the commission] if the [a] commissioner:
(1) does not have at the time of taking office
[appointment] or maintain during service as commissioner [on the
commission] the qualifications required by Section 201.051;
(2) violates a prohibition provided by Section
201.051; or
(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].
(b) The validity of an action of the commissioner or
department [commission] is not affected by the fact that it is taken
when a ground for removal of the [a] commissioner exists.
[(c) If the director knows that a potential ground for
removal exists, the director shall notify the chair of the
commission of the ground, and the chair shall notify the governor
and the attorney general that a potential ground for removal
exists. If the potential ground for removal relates to the chair,
the director shall notify another commissioner, who shall notify
the governor and the attorney general that a potential ground for
removal exists.]
Sec. 201.055 [201.058]. INFORMATION ON QUALIFICATIONS AND
CONDUCT. The department shall provide to the commissioner [members
of the commission], as often as necessary, information concerning
the commissioner's [members'] qualifications for office and the
commissioner's [under Subchapter B and their] responsibilities
under applicable laws relating to standards of conduct for state
officers.
Sec. 201.056 [201.059]. TRAINING ON DEPARTMENT AND CERTAIN
LAWS RELATING TO DEPARTMENT. (a) To be eligible to take office as
commissioner [a member of the commission], a person appointed as
commissioner [to the commission] must complete [at least one course
of] a training program that complies with this section.
(b) The training program must provide information to the
person regarding:
(1) this subchapter;
(2) the programs operated by the department;
(3) the role and functions of the department;
(4) the rules of the department, with an emphasis on
the rules that relate to disciplinary and investigatory authority;
(5) the current budget for the department;
(6) the results of the most recent formal audit of the
department;
(7) the requirements of the:
(A) open meetings law, Chapter 551, Government
Code;
(B) open records law, Chapter 552, Government
Code; and
(C) administrative procedure law, Chapter 2001,
Government Code;
(8) the requirements of the conflict of interest laws
and other laws relating to public officials; and
(9) any applicable ethics policies adopted by the
department [commission] or the Texas Ethics Commission.
[(c) A person appointed to the commission is entitled to
reimbursement for travel expenses incurred in attending the
training program, as provided by the General Appropriations Act and
as if the person were a member of the commission.]
(b) Not later than December 1, 2011, the governor shall
appoint the initial commissioner of transportation to a term
expiring February 1, 2013. This subsection takes effect September
1, 2011.
(c) On the date the initial commissioner of transportation
that is appointed under this section takes office, the Texas
Transportation Commission is abolished.
(d) Section 201.051(b-1), Transportation Code, as added by
this Act, takes effect September 1, 2011.
(e) The commissioner of transportation succeeds to all
powers, duties, rights, and obligations of the Texas Transportation
Commission, and the abolition of the Texas Transportation
Commission does not affect the validity of any right, duty,
decision, rule, or action of any kind taken by or under the
authority of the commission.
(f) Except as provided by Subsections (b) and (d) of this
section, this section takes effect on the date the initial
commissioner of transportation takes office.
SECTION 3. Section 201.102, Transportation Code, is amended
to read as follows:
Sec. 201.102. DIVISION [SEPARATION] OF RESPONSIBILITIES.
The commissioner [commission] shall develop and implement policies
that clearly define [separate] the respective [policy-making]
responsibilities of the commissioner [commission] and the
[management responsibilities of the director and] staff of the
department.
SECTION 4. Subchapter C, Chapter 201, Transportation Code,
is amended by adding Section 201.118 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.
SECTION 5. (a) Section 201.202, Transportation Code, is
amended by adding Subsection (c) to read as follows:
(c) A person designated by the commission as the
department's chief financial officer must report directly to the
commission.
(b) This section takes effect on the date the initial
commissioner of transportation takes office.
SECTION 6. 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 7. 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 in pursuit of federal appropriations.
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
line to be known as the Ethics Hotline that enables a person to call
the hotline number, anonymously or not anonymously, to report an
alleged violation of the ethics policy adopted under Section
572.051(c), Government Code.
SECTION 8. The heading to Subchapter E, Chapter 201,
Transportation Code, is amended to read as follows:
SUBCHAPTER E. STATE ROAD MAP; UNIVERSITY LABORATORIES [DIRECTOR]
SECTION 9. Section 201.301, Transportation Code, is amended
by adding Subsection (f) to read as follows:
(f) This section expires December 1, 2011.
SECTION 10. 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 11. Section 201.404(b), Transportation Code, is
amended to read as follows:
(b) The director or the director's designee shall develop a
system of annual performance evaluations that are based on
documented employee performance. All merit pay for department
employees must be based on the system established under this
subsection. If an annual performance evaluation indicates that an
employee's performance is unsatisfactory, the commission shall
consider whether the employee should be terminated. The annual
performance evaluations developed under this subsection must
include the evaluation of an employee's:
(1) professionalism;
(2) diligence; and
(3) responsiveness to directives and requests from the
commission and the legislature.
SECTION 12. 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 24 years that contains all modes of transportation,
including:
(1) highways and turnpikes;
(2) aviation;
(3) mass transportation;
(4) railroads and high-speed railroads; and
(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 corridors, 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.
SECTION 13. Subchapter H, Chapter 201, Transportation Code,
is amended by adding Sections 201.6015 and 201.620 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 24-year plan under Section
201.601 and specify how the plan or policy effort supports or
otherwise relates to the specific goals under that section.
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 14. (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; and
(B) complaint information on a district and a
divisional basis; and
(2) report the information on a monthly basis to the
division directors, office directors, and district engineers and on
a quarterly basis to the commission.
(b) The commissioner of transportation or 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 15. 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 16. (a) 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 unified transportation program required by
Section 201.992. 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 201.992(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 as defined by
Section 201.991; and
(3) members of the public.
(c) The department shall make the statistical 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
unified transportation 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 priority category to which the project has
been assigned according to Section 201.996.
(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 as defined by
Section 201.991.
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; and
(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.
(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.
(b) Not later than September 1, 2011, the Texas Department
of Transportation shall establish the central location on the
department's Internet website required by Section 201.810,
Transportation Code, as added by this section.
SECTION 17. Chapter 201, Transportation Code, is amended by
adding Subchapter P to read as follows:
SUBCHAPTER P. UNIFIED TRANSPORTATION PROGRAM
Sec. 201.991. DEFINITION. In this subchapter, "local
transportation entity" means any entity that participates in the
transportation planning process. The term includes a metropolitan
planning organization as defined by Section 472.031, a regional
tollway authority organized under Chapter 366, a regional
transportation authority operating under Chapter 452, and a rural
transit district as defined by Section 458.001.
Sec. 201.992. UNIFIED TRANSPORTATION PROGRAM. (a) The
department shall develop a unified transportation program covering
a period of 10 years to guide the development of and authorize
construction of transportation projects. The program 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 entire unified
transportation program and 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. 201.993. ANNUAL UPDATE TO UNIFIED TRANSPORTATION
PROGRAM. (a) The department shall annually update the unified
transportation program.
(b) The annual update must include:
(1) the annual funding forecast required by Section
201.994;
(2) the list of major transportation projects required
by Section 201.995(b); and
(3) the projects included in each program priority
category established by Section 201.996.
(c) The department shall collaborate with local
transportation entities to develop the annual update to the unified
transportation program.
Sec. 201.994. 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
unified transportation 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. 201.995. 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 unified transportation 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. 201.996. PROGRAM PRIORITY CATEGORIES. (a) The
commission by rule shall establish categories in the unified
transportation program to designate the priority of each project
included in the program and shall assign each project a category.
(b) The department shall collaborate with local
transportation entities when assigning each project included in the
unified transportation program to a category established under
Subsection (a).
(c) The highest priority category within the unified
transportation program must consist of projects designated as major
transportation projects.
Sec. 201.997. FUNDING ALLOCATION. (a) The commission by
rule shall specify the formulas for allocating funds in each
category described by Section 201.992(b)(2).
(b) The commission shall update the formulas established
under this section at least every four years.
Sec. 201.998. FUND DISTRIBUTION. (a) The department shall
allocate funds to the department districts based on the formulas
adopted under Section 201.997.
(b) In distributing funds to department districts, the
department may not exceed the cash flow forecast prepared and
published under Section 201.994(c).
Sec. 201.999. WORK PROGRAM. (a) Each department district
shall develop a consistently formatted work program based on the
unified transportation 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
201.995; 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 18. 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 19. 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 20. 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 21. (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 simple form for filing complaints with the
department;
(3) a system to prioritize complaints so that the most
serious complaints receive attention before less serious
complaints; and
(4) a procedure for compiling and reporting detailed
annual statistics about complaints.
(b) 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.
(c) The department shall keep 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.
(d) 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 commissioner of transportation shall adopt rules
under Section 391.006, Transportation Code, as added by this
section, not later than September 1, 2012.
SECTION 22. 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 23. 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 24. 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 25. 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 26. 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 27. 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 28. (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 simple form for filing complaints with the
department;
(3) a system to prioritize complaints so that the most
serious complaints receive attention before less serious
complaints; and
(4) a procedure for compiling and reporting detailed
annual statistics about complaints.
(b) 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.
(c) The department shall keep 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.
(d) 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 commissioner of transportation shall adopt rules
under Section 394.006, Transportation Code, as added by this
section, not later than September 1, 2012.
SECTION 29. 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 30. (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 31. 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 32. 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 33. 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 34. 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 35. Subchapter A, Chapter 621, Transportation Code,
is amended by adding Section 621.008 to read as follows:
Sec. 621.008. STUDY REGARDING OVERSIZE AND OVERWEIGHT
VEHICLES. (a) The department shall conduct a study to determine
improvements to the regulation of oversize and overweight vehicles.
(b) In conducting the study, the department shall consider:
(1) prohibiting overweight vehicles or vehicle
combinations from traveling on state highways if the vehicle or
combination will cause damage to a road or bridge, based on the
weight or load specifications to which the road or bridge was built;
(2) requiring each applicant for a permit under
Chapter 623 to pay a graduated highway maintenance fee based on
weight and the amount of damage done by the permitted vehicle or
vehicle combination to roads and bridges;
(3) requiring each fee collected for an overweight or
oversize vehicle permit to be deposited in the state highway fund;
(4) eliminating all exemptions for overweight
vehicles; and
(5) the feasibility and impact of different approaches
to regulating oversize and overweight vehicles that would help
reduce damage to roads and bridges and provide increased funding
for maintenance costs in the future.
(c) Not later than December 31, 2011, the department shall
report the results of the study conducted under this section to the
governor, the lieutenant governor, the speaker of the house of
representatives, and the appropriate oversight committee of each
house of the legislature.
(d) This section expires September 1, 2012.
SECTION 36. Except as otherwise provided by this Act, this
Act takes effect September 1, 2011.