PART 1. TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 1. MANAGEMENT
SUBCHAPTER F. ADVISORY COMMITTEES
The Texas Department of Transportation (department) adopts amendments to §1.85, concerning Department Advisory Committees. The amendments to §1.85 are adopted without changes to the proposed text as published in the December 25, 2020 issue of the Texas Register (45 TexReg 9400). The rule will not be republished.
EXPLANATION OF ADOPTED AMENDMENTS
The Texas Transportation Commission (commission) charged the TxDOT Bicycle Advisory Committee (BAC) with reviewing and making recommendations on "...expanding the charge of the committee to address a wider range of related transportation service options, including pedestrian options and personal mobility devices..." through Minute Order 115565 - August 29, 2019.
The BAC discussed both the complementary elements and unique differences between the bicycle, pedestrian, and personal mobility modes including their function, funding, use of infrastructure, and representation. After careful deliberation, the BAC determined that including representatives of and discussion on these additional modes during committee efforts would lead to a better understanding of issues and more balanced, inclusive recommendations for all modes.
The commission is amending §1.85, Department Advisory Committees, to expand the scope of the BAC to include pedestrian issues and the consideration of personal mobility devices, which are also referred to as micromobility devices, as they relate to bicycle and pedestrian issues. Currently, no TxDOT advisory committee is specifically charged with considering pedestrians or personal mobility devices. Additionally, revisions to the BAC's duties are proposed to provide committee input on the current federal bicycle and pedestrian infrastructure funding program.
Amendments to §1.85(a)(3), Bicycle Advisory Committee, make various changes to the paragraph.
Subparagraph (A), Purpose, is amended to change the committee's name to Bicycle and Pedestrian Advisory Committee, to add pedestrians' issues as part of the committee's purpose, and to change the name of the funding program to reflect the current federal bicycle and pedestrian infrastructure funding source.
Amendments to subparagraph (B), Duties, make various changes to organization and content of the current subparagraph. Clauses (i) and (iii) are interchanged. The content of former clause (iii), which is now clause (i), is amended to include pedestrians' issues. Clause (ii) is amended to reflect the current federal bicycle and pedestrian infrastructure funding program. Clause (iii) is former clause (i) with no change to its substance. Clause (iv) is new and adds the duty to review and consider how personal mobility devices relate to bicycling and pedestrian issues and to other road users.
A new subparagraph (C), Committee membership composition, is added to provide guidelines for the composition of the committee's membership reflecting a diverse mix of bicycle and pedestrian stakeholders, including stakeholders representing the interest of persons with disabilities, and people knowledgeable about personal mobility device issues.
Current subparagraph (C), Manner of reporting, is redesignated as subparagraph (D) and amended to reflect the current federal bicycle and pedestrian infrastructure funding program.
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 (commission) with the authority to establish rules for the conduct of the work of the department, and more specifically, Transportation Code, §201.117, which provides the commission with the authority to establish advisory committees.
CROSS REFERENCE TO STATUTES IMPLEMENTED BY THIS RULEMAKING
Transportation Code, §201.117.
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 25, 2021.
TRD-202100809
Becky Blewett
Deputy General Counsel
Texas Department of Transportation
Effective date: March 17, 2021
Proposal publication date: December 25, 2020
For further information, please call: (512) 463-8630
SUBCHAPTER H. REMEDIES FOR NONCOMPLIANCE
The Texas Department of Transportation (department) adopts amendments to §9.130, Purpose, and §9.131, Definitions, the repeal of §§9.132 - 9.139, and new §§9.132 - 9.135, all concerning the remedies for failure to comply with applicable federal or state law, conditions, or contractual agreements related to grants. The amendments to §9.130 and §9.131, the repeal of §§9.132 - 9.139, and new §§9.132 - 9.135 are adopted without changes to the proposed text as published in the December 25, 2020, issue of the Texas Register (45 TexReg 9403). The rules will not be republished.
EXPLANATION OF ADOPTED AMENDMENTS, REPEAL, AND NEW SECTIONS
The department is required by federal and state law to monitor grantee compliance. For example, Title 2, Code of Federal Regulations, Part 200 states that non-federal entities that provide grants to carry out part of a federal program must monitor the activities of the grantee to ensure the grant is used for authorized purposes, in compliance with federal statutes and regulations and the terms and conditions grant. The non-federal entity must also consider taking enforcement action against noncompliant grantees as described in Title 2, Code of Federal Regulations, §200.339, Remedies for noncompliance.
Amendments to §9.130, Purpose, and §9.131, Definitions, replace language regarding grant sanctions with remedies for noncompliance to align with federal regulations and other department rules. Proposed rules repeal current §§9.132 - 9.139 regarding grant sanctions and replace them with new §§9.132 - 9.135 regarding department remedies for grantee noncompliance. The new proposed sections align with updated federal regulations on additional award conditions and remedies that may be imposed for noncompliance with grant requirements. The proposed rules apply to all grants issued by the department and are needed to ensure accountability for the expenditure of public funds.
New §9.132, Additional Award Conditions, outlines additional award conditions the department may impose to ensure compliance with applicable laws and standard grant conditions and requirements. Under §9.132, if the department imposes one or more additional award conditions, the department will provide the grantee notice of the condition, the reason for the additional condition, time allowed for completing the additional condition, if applicable, and the action, if any, the grantee may take to end the application of the additional condition.
New §9.133, Remedies for Noncompliance, lists the remedies for noncompliance the department may impose if the department determines the grantee failed to comply with federal or state law, a grant condition, or the grant agreement. The list of remedies for noncompliance align with the remedies available to the department under federal grant regulations.
New §9.134, Notice of Remedies, states that if the department takes an action under §9.133, the department will notify the grantee in writing of the action being taken, a summary of the facts and circumstances underlying the action being taken, and an explanation of how the action was selected.
New §9.135, Appeal of Decision on Remedies, outlines the process by which a grantee may appeal a determination under §9.133 to the executive director of the department. The executive director may delegate the powers and duties assigned under §9.135. A decision on the appeal is final.
The title of Subchapter H is changed to Remedies for Noncompliance to reflect the content of the subchapter, as changed by this rulemaking.
COMMENTS
No comments on the proposed amendments, repeal, and new sections were received.
STATUTORY AUTHORITY
The amendments, repeal, and new sections are adopted under Transportation Code, §201.101, which provides the Texas Transportation Commission (commission) with the authority to establish rules for the conduct of the work of the department.
CROSS REFERENCE TO STATUTE
None.
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 25, 2021.
TRD-202100810
Becky Blewett
Deputy General Counsel
Texas Department of Transportation
Effective date: March 17, 2021
Proposal publication date: December 25, 2020
For further information, please call: (512) 463-8630
STATUTORY AUTHORITY
The amendments, repeal, and new sections are proposed under Transportation Code, §201.101, which provides the Texas Transportation Commission (commission) with the authority to establish rules for the conduct of the work of the department.
CROSS REFERENCE TO STATUTE
None.
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 25, 2021.
TRD-202100811
Becky Blewett
Deputy General Counsel
Texas Department of Transportation
Effective date: March 17, 2021
Proposal publication date: December 25, 2020
For further information, please call: (512) 463-8630