HBA-ALS H.B. 3716 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3716
By: Alexander
Transportation
4/6/1999
Introduced



BACKGROUND AND PURPOSE 

The Texas Transportation Commission and the Automobile Theft Prevention
Authority have established by rule various advisory committees even though
there is currently no specific statutory provision authorizing this
practice.  The attorney general has issued a letter opinion (No. 98-009)
stating that the Texas Commission of Licensing and Regulation may not
create an advisory committee absent specific statutory authority. This
opinion has called into question the ability of other agencies to establish
advisory committees. The purpose of this bill is to authorize certain
transportation agencies to establish advisory committees.  

H.B. 3716 specifically authorizes: the Texas Transportation Commission to
establish advisory committees to advise the Texas Department of
Transportation on any matter under its jurisdiction; the Board of Directors
of the Texas Turnpike Authority Division of the Texas Department of
Transportation to establish advisory committees to advise the authority on
any matter under its jurisdiction; the Motor Vehicle Board of the Texas
Department of Transportation to establish advisory committees to advise the
board on any matter under its jurisdiction; and the Automobile Theft
Prevention Authority to establish advisory committees which it considers
necessary. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter D, Chapter 201, Transportation Code, by adding
Section 201.207, as follows: 

Sec. 201.207. ADVISORY COMMITTEES. Authorizes the Texas Transportation
Commission (commission) to establish advisory committees to advise the
Texas Department of Transportation (department) on any matter under its
jurisdiction. Provides that Section 2110.005, Government Code
(Agency-Developed Statement of Purpose; Reporting Requirements), does not
apply to an advisory committee established under this section if the
advisory committee is established for a specific and immediate need and is
dissolved within one year of creation. Prohibits a member of a committee
established under this section from receiving compensation for serving as a
member but provides that the member is entitled to reimbursement for
reasonable expenses incurred in performing the member's duties.  

SECTION 2.  Amends Subchapter B, Chapter 361, Transportation Code, by
adding Section 361.056, as follows: 

Sec. 361.056.  ADVISORY COMMITTEES.  (a) Authorizes the  board of directors
of the Texas Turnpike Authority division of the Texas Department of
Transportation (board) to establish advisory committees to advise the Texas
Turnpike Authority (authority) on any matter under its jurisdiction.  

(b)  Provides that Section 2110.005, Government Code, does not apply to an
advisory committee established under this section if the committee is
established for a specific and  immediate need and is dissolved within one
year of creation.  

(c)  Prohibits a member of a committee under this section from receiving
compensation for serving as a member, and entitles a member to
reimbursement for reasonable expenses incurred in performing the member's
duties.  

SECTION 3.  Amends Subchapter B, Article 4413(36) (Texas Motor Vehicle
Commission Code), V.T.C.S., by adding Section 2.14, as follows: 

Sec. 2.14. ADVISORY COMMITTEES. Authorizes the Motor Vehicle Board of Texas
Department of Transportation (board) to establish advisory committees to
advise the board on any matter under its jurisdiction.  Provides that
Section 2110.005, Government Code, does not apply to an advisory committee
under this section if the committee is established for a specific and
immediate need and is dissolved within one year of creation. Prohibits a
member of a committee established under this section from receiving
compensation for serving as a member and entitles the member to
reimbursement for reasonable expenses incurred in performing the member's
duties.  

SECTION 4.  Amends Article 4413(37), V.T.C.S., by adding Section 12, as
follows: 

Sec. 12. ADVISORY COMMITTEES. Authorizes the authority to establish
advisory committees which the authority considers necessary and to
determine the appropriate membership for each committee.  Requires the
authority to specify the purpose and duties of each advisory committee and
to specify any product the committee is required to develop. Provides that
advisory committee members serve at the will of the authority.  Authorizes
the authority to dissolve an advisory committee when necessary.  

(d)  Provides that Section 2110.005, Government Code, does not apply to an
advisory committee under this section if the committee is established for a
specific and immediate need and is dissolved within one year of the date it
was established.  

SECTION 5.Emergency clause.
  Effective date: upon passage.