HBA-ALS C.S.H.B. 3716 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3716 By: Alexander Transportation 4/8/1999 Committee Report (Substituted) 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. C.S.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 201.113, as follows: Sec. 201.113. 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 an advisory 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 advisory committee is established for a specific and immediate need and is dissolved within one year of creation. (c) Prohibits a member of an advisory 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 advisory committee is established for a specific and immediate need and is dissolved within one year of creation. Prohibits a member of an advisory 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 project a 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. Provides that Section 2110.005, Government Code, does not apply to an advisory committee under this section if the advisory 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. COMPARISON OF ORIGINAL TO SUBSTITUTE This substitute differs from the original bill in SECTION 1 by adding Section 201.113, Transportation Code, rather than Section 201.207, Transportation Code, with identical language. This substitute also modifies the original by conforming to the Legislative Council format.