ADMINISTRATION

It is the belief of the Department of Public Safety (department) that the public should have accurate, authentic information concerning events that affect the public welfare, or that are of public interest. It is also the belief of the department that the public should be informe…

(a) Subject to the limitations outlined as follows, department employees may respond to news media inquiries about criminal investigations in which the department is involved. (b) Release of information concerning criminal investigations may be made only by the officers directly …

Following the commission of a crime, but prior to the making of an arrest, the issuance of an arrest warrant or the filing of formal charges, the following limitations on release of information to the news media apply. (1) Releases shall be limited to pertinent facts related to t…

It shall be permissible for authorized members of this department to release the following information in criminal proceedings at the time charges are filed, or upon arrest of the defendant. (1) The fact and circumstances of arrest, including the time and place of arrest, pursuit…

(a) Department officers will permit properly identified news media representatives free access to any disaster or emergency scene unless their presence would constitute a violation of the law or would substantially interfere with the officer's duty to: (1) protect human life, inc…

(a) After news media representatives have been permitted access to a disaster or emergency scene, department officers will not attempt to restrict any of their actions unless the act is a violation of the law or interferes with the performance of vital police duties. (b) In the e…

The same policy as set out in the preceding sections will be followed in military accidents. If a media representative desires to take photographs or secure information, he should be referred to the proper military authorities for permission. However, department officers will not…

It is highly desirable to notify next of kin of any victim, who has died or been seriously injured, before releasing the victim's name to the news media. Therefore, department personnel will not release the names of such victims to the news media representatives until the identit…

News media representatives apprehended for violating the law at a disaster or emergency scene will be dealt with the same as any other violator. Notes 37 Tex. Admin. Code § 1.59 The provisions of this §1.59 adopted to be effective January 1, 1976

(a) All videotapes, photographs, and negatives created or acquired by Department of Public Safety personnel in the course of their official duties are agency property and available to the public as provided by the Texas Public Information Act. No employee shall sell, or offer to …

(a) Findings, facts, data, information, and opinions based on such findings, facts, data, or information gained by a Texas Department of Public Safety employee from and during the course of his employment, if requested while such person is employed by the department, shall be con…

The director is authorized to reimburse witnesses who are requested by the director or the director's designee to attend hearings before the commission relating to the discharge of any officer or employee under Texas Government Code, § 411.007 . Witnesses may be reimbursed in the…

(a) Commission. (1) The Texas Department of Transportation is governed by the Texas Transportation Commission, consisting of five commissioners appointed by the governor with the advice and consent of the senate. (2) The governor designates one commissioner as the chair of the co…

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. (1) Commission--The Texas Transportation Commission. (2) Department--The Texas Department of Transportation. (3) Executive director--The execu…

In accordance with Transportation Code, § 201.118 , the commission encourages the use of appropriate alternative dispute resolution processes to assist in the resolution of internal and external disputes under the department's jurisdiction. Notes 43 Tex. Admin. Code § 1.102 The p…

Alternative dispute resolution uses a wide variety of processes that may be informal or formal and that are intended to achieve conflict resolution through agreement of the parties to the conflict. Those processes include non-binding arbitration, collaborative problem-solving, co…

(a) A person may not act as an impartial third party unless the person has the qualifications specified in Civil Practice and Remedies Code, § 154.052 and has no personal interest or stake in the outcome of the dispute. (b) An impartial third party is subject to the standards and…

(a) The executive director shall designate a department employee as the department's alternative dispute resolution coordinator. (b) The person designated as the alternative dispute resolution coordinator must have completed a minimum of 40 classroom hours of training in dispute …

(a) Alternative dispute resolution is available for a dispute relating to the department unless a rule of the commission provides an exclusive procedure to address that type of dispute or specifically provides that alternative dispute resolution will not be used for that type of …

(a) When the alternative dispute resolution coordinator receives a referral or request for the use of alternative dispute resolution, the coordinator will assess whether an alternative dispute resolution process is appropriate for the dispute and, if so, will determine the type o…

The confidentiality of a communication or record relating to an alternative dispute resolution process is governed by Civil Practice and Remedies Code, § 154.073 . Notes 43 Tex. Admin. Code § 1.108 The provisions of this §1.108 adopted to be effective November 15, 2012, 37 TexReg…

Any interested person, as described by Government Code, § 2001.021 , may petition the department requesting the adoption of a rule. Such petition must be in writing directed to the executive director at the department's headquarters building in Austin and shall contain a clear an…

(a) The Texas Transportation Commission (commission) encourages the use of negotiated rulemaking for the adoption of commission rules in appropriate situations. (b) The general counsel of the Texas Department of Transportation is the commission's negotiated rulemaking coordinator…

(a) Executive director. (1) The commission will elect an executive director for the department who shall be skilled in transportation planning and development and in organizational management. The executive director, as the chief executive officer of the department, is authorized…

This subchapter describes the procedures to be followed in a contested case. The procedures in this subchapter may be used only if a statute provides that the matter may be the subject of a contested case hearing under the Administrative Procedure Act (Government Code, Chapter 20…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) APA--The Administrative Procedure Act (Government Code, Chapter 2001). (2) Contested case--A proceeding in which the legal rights, d…

In computing a period of days for the purposes of this subchapter, unless otherwise provided by statute, the period begins on the day after the act, event, or default in question and concludes at the end of the last day of that designated period, unless that day is a Saturday, Su…

(a) A person begins a contested case by filing an original and one copy of a petition with the executive director. If the petition is sent by electronic mail, the additional copy of the petition is not required. (b) Filing a document, including a petition, with the executive dire…

(a) On the date that a party files a document, other than a petition, with the executive director, the party shall also serve a copy of the document on the judge and each party or the party's authorized representative. If the judge has designated a department employee as a party …

(a) A petition must include: (1) the name of the petitioner; (2) a department reference number, if applicable; (3) a concise statement of the facts on which the petitioner relies, including as an attachment, if applicable, the document issued by the department that notified the p…

(a) The executive director will examine a petition and make a preliminary determination whether the petition states a claim that entitles the petitioner to initiate a contested case, and whether the petition meets the procedural requirements of this subchapter and of the APA. (b)…

(a) The executive director will refer a petition to SOAH to initiate a contested case. The executive director's referral may request that the judge consider a summary disposition of the case if the executive director believes the petition was not timely filed or fails to meet oth…

(a) Issuance. The department will issue notice of a hearing in accordance with the instructions of the judge and by certified or registered mail to each party's last known address as shown in the department's records. (b) Content. The content of a notice of hearing will conform w…

(a) The Texas Transportation Commission will hold at least one regular business meeting each calendar month and, subject to the call of the chair, any special or emergency meetings necessary for the performance of the commission's duties. Each meeting will be conducted in accorda…

(a) Except as provided in § 1.31 of this subchapter (relating to Provisions for Contract Claims), the standard of review is reasonableness. (b) The applicant bears the burden of proof in a case concerning an application for a permit, license, or other approval from the department…

(a) This section applies only to a contested case concerning a contract claim. (b) If the parties to a contract agree to submit questions that arise under the contract to the decision of a department employee, the employee's decision is final and conclusive unless in making the d…

Unless required for the disposition of an ex parte matter authorized by law or as expressly authorized by this section, during the pendency of a contested case either at SOAH or before the commission or executive director, a party, person, or representative of a party or person i…

(a) On proper request by a party, the department will issue subpoenas and commissions to take depositions in accordance with the APA, unless it appears that the subpoena or commission is sought for the purpose of harassment or that the subpoena or commission would unduly inconven…

The heading of the subpoena or commission must be "The Texas Department of Transportation." It must state the style of the case, that the case is pending before SOAH, the time and place at which the witness is required to appear, the party at whose insistence the witness is summo…

(a) A person who is not a party and is compelled to attend any hearing or proceeding or to produce books, records, papers, or other objects is entitled to receive reimbursement of expenses as provided in the APA. A witness or deponent who is a department employee may receive reim…

(a) Proposal for decision. For contested cases in which the judge does not have authority to issue a final decision, the judge shall prepare a proposal for decision. (b) Submission of the proposal for decision. The judge shall submit the proposal for decision to the executive dir…

(a) The commission or the executive director, as specified by statute or department rule, will issue the decision in a contested case. (b) After the decision is issued under subsection (a) of this section, the executive director will send a copy of the decision to each party or t…

(a) Filing motion. A party must file a motion for rehearing with the executive director within the period provided by the APA for such a filing. In addition to information required by the APA, the motion must contain: (1) the name and representative capacity of the person filing …

(a) Purpose. This section provides policies and procedures governing public access to the commission in order to facilitate that access and maximize public participation in the decision-making process, while ensuring orderly and effective conduct of meetings. (b) Posted agenda it…

(a) Subject of hearings. The commission may hold public hearings to: (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…

This subchapter establishes procedures concerning the acceptance of private gifts and donations made to the department. Notes 43 Tex. Admin. Code § 1.500 The provisions of this §1.500 adopted to be effective April 1, 1997, 22 TexReg 2625; amended to be effective September 23, 199…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Commission--The Texas Transportation Commission. (2) Department--The Texas Department of Transportation. (3) Executive director--The…

The department may accept donations or gifts for the purpose of performing the department's functions and duties. Notes 43 Tex. Admin. Code § 1.502 The provisions of this §1.502 adopted to be effective April 1, 1997, 22 TexReg 2625; amended to be effective September 23, 1997, 22 …

(a) Acceptance of a gift or donation made to the department under this subchapter must be approved by the executive director. If the gift or donation has a value of $500 or more, it must be acknowledged by order of the commission not later than the 90th day after the date the don…

(a) Agreement. The donor and the department must execute a donation agreement if the donation involves real estate, has an estimated value of more than $1,500, or it is necessary to: (1) warrant or indemnify the department as to ownership; (2) prevent possible claims that could r…