|(a) Subject of hearings. The commission may hold public
(1) consider the adoption of rules, in accordance with
the Administrative Procedure Act, Government Code, Chapter 2001;
(2) receive evidence and testimony concerning the desirability
of acquiring dredge material disposal sites and of any widening, relocation,
or alteration of the main channel of the Gulf Intracoastal Waterway,
in accordance with Transportation Code, §51.006 and Chapter 2
of this title (relating to Environmental Review of Transportation
(3) provide for public input regarding the design,
schematic layout, and environmental impact of transportation projects,
in accordance with Transportation Code, §203.021, and Chapter
2 of this title;
(4) consider maximum prima facie speed limits on highways
in the state highway system that are near public or private elementary
or secondary schools or institutions of higher education, in accordance
with Transportation Code, §545.357;
(5) annually receive public input on the commission's
highway project selection process and the relative importance of the
various criteria on which the commission bases its project selection
decisions, in accordance with Transportation Code, §201.602;
(6) receive comments from interested parties prior
to approving any financial assistance under Transportation Code, §21.111,
relating to aviation facilities development; and
(7) provide, when deemed appropriate by the commission
or when otherwise required by law, for public input regarding any
other issue under the jurisdiction of the department.
(b) Authorized representative. The executive director
or an employee of the department designated by the executive director
may conduct public hearings held under subsection (a)(1), (3), (6),
and (7) of this section.
(c) Conduct and decorum. Public hearings will be conducted
in a manner that maximizes public access and input while maintaining
proper decorum and orderliness, and will be governed by the following
(1) Questioning of those making presentations will
be reserved to commissioners, the executive director, or, if applicable,
the presiding officer.
(2) Organizations, associations, or groups are encouraged
to present their commonly held views and same or similar comments
through a representative member where possible.
(3) Presentations shall remain pertinent to the issue
(4) A person who disrupts a public hearing must leave
the hearing room if ordered to do so by the chair or the presiding
(5) Time allotted to one speaker may not be reassigned
to another speaker.
(d) Disability accommodation. Persons with disabilities
who have special communication or accommodation needs and who plan
to attend a hearing to be held by the commission may contact the person
or office specified in the notice of the hearing. In the case of a
hearing to be conducted by the department, those persons may contact
the public affairs officer whose address and telephone number appear
in the public notice for that hearing. Requests should be made at
least three working days before the hearing. The department will make
every reasonable effort to accommodate these needs.
(e) Language accommodation. For a hearing held in an
area with a substantial Spanish speaking population, the department
(1) notice of the hearing in both English and Spanish;
(2) upon request, Spanish translation.
|Source Note: The provisions of this §1.5 adopted to be effective February 23, 1993, 18 TexReg 890; amended to be effective August 23, 1996, 21 TexReg 7666; amended to be effective January 4, 2001, 25 TexReg 13006; amended to be effective January 8, 2004, 29 TexReg 226; amended to be effective December 8, 2005, 30 TexReg 8178; amended to be effective May 17, 2012, 37 TexReg 3604; amended to be effective August 17, 2016, 41 TexReg 6086