TITLE 43. TRANSPORTATION

PART 1. TEXAS DEPARTMENT OF TRANSPORTATION

CHAPTER 9. CONTRACT AND GRANT MANAGEMENT

SUBCHAPTER A. GENERAL

43 TAC §9.3

The Texas Department of Transportation (department) adopts amendments to §9.3, Protest of Department Purchases under the State Purchasing and General Services Act. The amendments to §9.3 are adopted without changes to the proposed text as published in the December 2, 2016, issue of the Texas Register (41 TexReg 9451) and will not be republished.

EXPLANATION OF ADOPTED AMENDMENTS

The department previously adopted §9.3 to provide a procedure for vendors to protest purchases made by the department. Revisions to this section are necessary to reflect organizational changes and to change the division name of the Comptroller of Public Accounts procurement function.

Amendments to §9.3 update the title of the department employee responsible for the receipt and processing of protests related to the applicable purchases. All references to Chief of Procurement and Field Support Operations are removed throughout the section and are replaced with Chief Administrative Officer. The amendments also correct the name of a division in the comptroller’s office from the Comptroller of Public Accounts Texas Procurement and Support Services Division to the Statewide Procurement Division.

COMMENTS

No comments on the proposed amendments were received.

STATUTORY AUTHORITY

The amendments are adopted under Transportation Code, §201.101, which provides the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the department, and more specifically, Government Code, §2155.076, which provides the department with the authority to develop rules for protest procedures associated with the State Purchasing and General Services Act.

CROSS REFERENCE TO STATUTE

Government Code, §2155.076 and Transportation Code, §201.101.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 23, 2017.

TRD-201700742

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Effective date: March 15, 2017

Proposal publication date: December 2, 2016

For further information, please call: (512) 463-8630


CHAPTER 26. REGIONAL MOBILITY AUTHORITIES

SUBCHAPTER B. CREATION OF A REGIONAL MOBILITY AUTHORITY

43 TAC §26.15

The Texas Department of Transportation (department) adopts amendments to §26.15, concerning the creation of a regional mobility authority. The amendments to §26.15 are adopted without changes to the proposed text as published in the December 2, 2016, issue of the Texas Register (41 TexReg 9452) and will not be republished.

EXPLANATION OF ADOPTED AMENDMENTS

Government Code, §2001.039 requires a state agency to review each of its rules every four years or more frequently and, as the result of the review, to decide whether to readopt, amend, or repeal the rule. In the course of reviewing 43 TAC Chapter 26, the department determined that need for the rules in Chapter 26 continues to exist and that they reflect the procedures and processes currently being used, but the department identified a non-substantive change that needs to be made to correct an error in the rules.

Amendments to §26.15, Creation, correct the rule citation in subsection (b) of the section. Subsection (b) refers to §26.11(6). The correct citation is §26.11(a)(6) and the amendment makes that change.

COMMENTS

No comments on the proposed amendments were received.

STATUTORY AUTHORITY

The amendments are adopted under Transportation Code, §201.101, which provides the commission with the authority to establish rules for the conduct of the work of the department, and more specifically, Transportation Code, §370.038, which authorizes the commission to adopt rules governing the creation of a regional mobility authority.

CROSS REFERENCE TO STATUTE

Transportation Code, Chapter 370, Subchapter B.

Filed with the Office of the Secretary of State on February 23, 2017.

TRD-201700743

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Effective date: March 15, 2017

Proposal publication date: December 2, 2016

For further information, please call: (512) 463-8630


CHAPTER 30. AVIATION

SUBCHAPTER C. AVIATION FACILITIES DEVELOPMENT AND FINANCIAL ASSISTANCE RULES

43 TAC §§30.203 - 30.205, 30.214

The Texas Department of Transportation (department) adopts amendments to §§30.203 - 30.205, and 30.214 concerning aviation facilities development and financial assistance rules. The amendments to §§30.203 - 30.205, and 30.214 are adopted without changes to the proposed text as published in the December 2, 2016, issue of the Texas Register (41 TexReg 9453) and will not be republished.

EXPLANATION OF ADOPTED AMENDMENTS

Government Code, §2001.039 requires a state agency to review each of its rules every four years or more frequently and, as the result of the review, to decide whether to readopt, amend, or repeal the rule. In the course of reviewing 43 TAC Chapter 30, the department determined that need for the rules in Chapter 30 continues to exist and that the rules reflect the procedures and processes currently being used, but the department identified several non-substantive changes that need to be made to correct errors in the rules.

The Texas Legislature codified former Article 46c-1 et seq., Revised Statutes, as Transportation Code, Chapter 21, and in doing so, deleted the short title assigned to those former articles. The amendments change the statutory references in the rules from the specified provisions of Revised Statutes to the appropriate provisions of Chapter 21.

Amendments to §30.203, Definitions, delete the definitions of "Act" and "agent." Because the term "Act" is used only in §30.205, rather than updating the statutory reference in the definition, the amendments delete the defined term and provide the appropriate statutory reference in §30.205, as described below. The definition of "agent" does not define the term, but rather lists the purposes for which the department may act as an agent for a governmental agency that receives financial aid under the Texas Aviation Facilities Development Program. The amendments delete the definition as unnecessary and redundant of the operative provisions of the rules.

Finally, amendments to the definition of "Aviation Advisory Committee" in §30.203 provide a reference to Transportation Code, §21.003, which specifies the composition of and qualifications for the committee, and delete the description of the committee, as unnecessary.

Amendments to §30.204, Facilities Development Program, update the references to the statutes that provide the specified duties of the Texas Transportation Commission (commission) and department relating to the program.

Amendments to §30.205, Eligibility for Financial Assistance, replace "the Act" with a reference to Transportation Code, Chapter 21, Subchapter C, which provides the requirements for and conditions of financial assistance for aviation facility development.

Amendments to §30.214, Grant and Loan Agreement Payments, update the reference to Article 46d-1 et seq., Revised Statutes, as Transportation Code, §22.054.

COMMENTS

No comments on the proposed amendments were received.

STATUTORY AUTHORITY

The amendments are adopted under Transportation Code, §201.101, which provides the commission with the authority to establish rules for the conduct of the work of the department.

CROSS REFERENCE TO STATUTE

Transportation Code, Chapter 21, Subchapter C.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 23, 2017.

TRD-201700744

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Effective date: March 15, 2017

Proposal publication date: December 2, 2016

For further information, please call: (512) 463-8630