(a) Creation.
(1) Project advisory committees.
(A) Purpose. The executive director may authorize a
district engineer to create, by written order, an ad hoc project advisory
committee composed of the following members as may be deemed appropriate
by the district engineer: department staff; affected property owners
and business establishments; technical experts; professional consultants
representing the department; and representatives of local governmental
entities, the general public, chambers of commerce, and the environmental
community. A project advisory committee shall serve the purpose of
facilitating, evaluating, and achieving support and consensus from
the affected community and governmental entities in the initial stages
of a transportation project. Advice and recommendations of a committee
provide the department with an enhanced understanding of public, business,
and private concerns about a project from the development phase through
the implementation phase, thus facilitating the department's communications
and traffic management objectives, resulting in a greater cooperation
between the department and all affected parties during project development
and construction.
(B) Duties. A project advisory committee shall:
(i) maintain community and local government communication;
and
(ii) respond in a timely fashion to affected parties'
concerns about project development and construction.
(C) Manner of reporting. A project advisory committee
shall report its advice and recommendations to the district engineer.
(D) Duration. A project advisory committee may be abolished
at any stage of project development, but in no event may a committee
continue beyond completion of the project.
(2) Rulemaking advisory committees.
(A) Purpose. The commission, by order, may create ad
hoc rulemaking advisory committees pursuant to Government Code, Chapter
2001, §2001.031, for the purpose of receiving advice from experts,
interested persons, or the general public with respect to contemplated
rulemaking.
(B) Duties. A rulemaking advisory committee shall provide
advice and recommendations with respect to a specific contemplated
rulemaking.
(C) Manner of reporting. A rulemaking advisory committee
shall report its advice and recommendations to the division responsible
for the development of the rules.
(D) Duration. A rulemaking committee shall be abolished
upon final adoption of rules by the commission.
(3) Bicycle and Pedestrian Advisory Committee.
(A) Purpose. The purpose of the Bicycle and Pedestrian
Advisory Committee is to advise the commission on bicycle and pedestrian
issues. The committee will also advise the commission on matters related
to the Transportation Alternatives Program. By involving representatives
of the public, including bicyclists, pedestrians, and other interested
parties, the department helps ensure effective communication with
the bicycle and pedestrian communities, and that the bicyclist's and
pedestrian's perspectives will be considered in the development of
departmental policies affecting bicycle use and pedestrian activity,
including the design, construction, and maintenance of highways.
(B) Duties. The committee shall:
(i) review and make recommendations on items of mutual
concern between the department and the bicycling and pedestrian communities;
(ii) provide recommendations on the selection criteria
for project applications for funding under Chapter 11, Subchapter
G of this title (relating to Transportation Alternatives Set-Aside
Program);
(iii) in accordance with Transportation Code, §201.9025,
advise and make recommendations to the commission on the development
of bicycle tourism trails; and
(iv) review and consider how personal mobility, or
micromobility, devices relate to bicycling and pedestrian issues and
to other road users.
(C) Committee membership composition. Committee membership
will reflect a diverse mix of bicycle and pedestrian stakeholders,
including stakeholders representing the interests of persons with
disabilities, and people knowledgeable about micromobility issues.
(D) Manner of reporting. The committee shall report
its advice and recommendations to the commission, except for matters
relating to the Transportation Alternatives Program. Under the Transportation
Alternatives Program, the committee shall report its recommendations
to the director of the division responsible for administering the
program.
(4) Freight Advisory Committee.
(A) Purpose. The purpose of the Freight Advisory Committee
is to serve as a forum for discussion regarding transportation decisions
affecting freight mobility and promote the sharing of information
between the private and public sectors on freight issues. The committee's
advice and recommendations will provide the department with a broad
perspective regarding freight transportation matters and assist in
identifying potential freight transportation facilities that are critical
to the state's economic growth and global competitiveness.
(B) Duties. The committee shall:
(i) provide advice regarding freight-related priorities,
issues, projects and funding needs;
(ii) make recommendations regarding the creation of
statewide freight transportation policies and performance measures;
(iii) make recommendations regarding the development
of a comprehensive and multimodal statewide freight transportation
plan; and
(iv) communicate and coordinate regional priorities
with other organizations as requested by the department.
(C) Manner of reporting. The committee shall report
its advice and recommendations to the executive director or a department
employee designated by the executive director and shall make reports
to the commission as requested.
(b) Operating procedures.
(1) Membership. Except as otherwise specified in this
section, an advisory committee shall be composed of not more than
24 members to be appointed by the division or official to whom the
committee is to report. When applicable to the purpose and duties
of the committee, the membership shall provide a balanced representation
between:
(A) industries or occupations regulated or directly
affected by the department; and
(B) consumers of services provided either by the department
or by industries or occupations regulated by the department.
(2) Meetings.
(A) An advisory committee shall meet once a calendar
year and at such other times as requested by the division to which
it reports.
(B) A majority of the membership of an advisory committee
constitutes a quorum. A committee may take formal action only by majority
vote of its membership.
(3) Officers. Each committee shall elect a chair and
vice-chair by majority vote of the members of the committee.
(c) Reimbursement. The department may, if authorized
by law and the executive director, reimburse a member of a committee
for reasonable and necessary travel expenses. Current rules and laws
governing reimbursement of expenses for state employees shall govern
reimbursement of expenses for advisory committee members.
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Source Note: The provisions of this §1.85 adopted to be effective January 13, 1994, 19 TexReg 89; amended to be effective August 9, 1994, 19 TexReg 5737; amended to be effective November 21, 1994, 19 TexReg 8768; amended to be effective March 8, 1995, 20 TexReg 1286; amended to be effective May 19, 1995, 20 TexReg 3345; amended to be effective September 22, 1995, 20 TexReg 7081; amended to be effective September 26, 1996, 21 TexReg 8954; amended to be effective August 25, 1997, 22 TexReg 7508; amended to be effective July 23, 2000, 25 TexReg 6799; amended to be effective January 2, 2002, 26 TexReg 11046; amended to be effective September 18, 2003, 28 TexReg 8003; amended to beeffective April 21, 2005, 30 TexReg 2234; amended to be effective December 8, 2005, 30 TexReg 8179; amended to be effective July 20, 2006, 31 TexReg 5667; amended to be effective December 6, 2007, 32 TexReg 8855; amended to be effective December 10, 2009, 34 TexReg 8794; amended to be effective May 19, 2011, 36 TexReg 3109; amended to be effective December 8, 2011, 36 TexReg 8239; amended to be effective April 17, 2013, 38 TexReg 2377; amended to be effective December 12, 2013, 38 TexReg 8916; amended to be effective December 9, 2015, 40 TexReg 8796; amended to be effective December 6, 2017, 42 TexReg 6814; amended to be effective December 4, 2019, 44 TexReg 7414; amended to be effective March 17, 2021, 46 TexReg 1660 |