TITLE 43. TRANSPORTATION

PART 1. TEXAS DEPARTMENT OF TRANSPORTATION

CHAPTER 1. MANAGEMENT

SUBCHAPTER F. ADVISORY COMMITTEES

43 TAC §1.84, §1.88

Adoption Preamble

The Texas Department of Transportation (department) adopts the amendments to §1.84, Statutory Advisory Committees, and §1.88, Duration of Advisory Committees. The amendments to §1.84 and §1.88 are adopted without changes to the proposed text as published in the September 1, 2023, issue of the Texas Register (43 TexReg 4796) and will not be republished.

EXPLANATION OF ADOPTED AMENDMENTS

The department's rules provide, in accordance with Government Code, §2110.008, that each of the commission's or department's advisory committees created by statute or by the commission or department is abolished on December 31, 2023. The commission has reviewed the need to continue the existence of those advisory committees beyond that date. The commission recognizes that the continuation of some of the existing advisory committees is necessary for improved communication between the department and the public and this rulemaking extends the duration of specified advisory committees for that purpose.

Amendments to §1.84, Statutory Advisory Committees, delete the references to and information about the Urban Air Mobility Advisory Committee because the statute creating that advisory committee, Transportation Code, §21.004, expired January 1, 2023. The amendments add provisions relating to the new Advanced Air Mobility Advisory Committee, created under Transportation Code, Section 21.0045, which was added by S.B. 2144, Acts of the 88th Legislature, Regular Session.

Amendments to §1.88, Duration of Advisory Committees, extend the dates on which the various advisory committees will be abolished.

COMMENTS

No comments concerning §1.84 or §1.88 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, §201.117, which provides the commission with the authority to establish, as it considers necessary, advisory committees on any of the matters under its jurisdiction, and Government Code, §2110.008, which provides that a state agency by rule may designate the date on which an advisory committee will automatically be abolished.

CROSS REFERENCE TO STATUTES IMPLEMENTED BY THIS RULEMAKING

Government Code, Chapter 2110, and Transportation Code, §§21.003, 21.0045, 201.114, 201.117, 201.623, and 455.004.

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 October 26, 2023.

TRD-202303941

Becky Blewett

Deputy General Counsel

Texas Department of Transportation

Effective date: November 15, 2023

Proposal publication date: September 1, 2023

For further information, please call: (512) 463-2407