1. (a) Commission.

   1. (1) The Texas Department of Transportation is governed by the Texas Transportation Commission, consisting of three members appointed by the governor with the advice and consent of the senate.
   2. (2) The governor designates one member of the commission to serve as the chair who is known as the commissioner of transportation.

2. (b) Commission responsibilities.

   1. (1) The Texas Transportation Commission, with the advice and recommendations of the executive director, will:

      1. (A) plan and make policies for the location, construction, and maintenance of a comprehensive system of state highways and public roads;
      2. (B) lay out, construct, maintain, and operate a modern state highway system;
      3. (C) develop a statewide transportation plan that contains all modes of transportation, including highways and turnpikes, aviation, mass transportation, railroads and high-speed railroads, and water traffic;
      4. (D) award contracts necessary for the improvement of the state highway system, as provided by Transportation Code, Chapter 223, and §§9.10-9.20 of this title (relating to Highway Improvement Contracts);
      5. (E) encourage, foster, and assist in the development of public and mass transportation in the state;
      6. (F) encourage, foster, and assist in the development of aeronautics in the state and encourage, aid, and assist in the establishment of airports, airstrips, and air navigational facilities in the state;
      7. (G) fulfill the local sponsorship requirements of the Gulf Intracoastal Waterway as agent for the state;
      8. (H) provide for the registration and titling of vehicles operating on the public roads;
      9. (I) approve the location and environmental review of turnpike projects constructed by the Texas Turnpike Authority Division of the department, the use of the Texas Turnpike Authority feasibility study fund, and fulfill other responsibilities concerning the Texas Turnpike Authority Division under Transportation Code, Chapter 361;
      10. (J) approve a toll project constructed by a private entity or corporation if the project connects to the state highway system;
      11. (K) approve the construction of a toll project by a governmental or private entity other than a county with a population of more than 1.5 million people, if it is to become a part of the state highway system, and review any bonds of a county, municipality, or political subdivision (other than a county with a population greater than 1.5 million people) or any nonprofit corporation acting on behalf of a county, municipality, or political subdivision, payable in whole or in part from revenues derived from the ownership or operation of a toll project;
      12. (L) appoint an internal auditor for the department who shall report directly to the commission on the conduct of departmental affairs;
      13. (M) adopt rules for the operation of the department;
      14. (N) divide the department into districts to accomplish the department's functions and the duties assigned to it;
      15. (O) provide for the regulation of motor carriers;
      16. (P) carry out such transportation functions as may be delegated by the governor pursuant to applicable federal law;
      17. (Q) establish policy necessary to carry out the duties and functions of the department and the commission; and
      18. (R) administer the state infrastructure bank;
      19. (S) authorize the department to charge a toll for the use of one or more lanes on a segment of the state highway system for the purposes of congestion mitigation;
      20. (T) organize the department into divisions to accomplish the department's functions and duties assigned to it;
      21. (U) approve recommendations for changes to the department's organizational structure submitted by the commissioner of transportation under subsection (d)(1)(E) of this section; and
      22. (V) perform other duties required by law.
   2. (2) The commission may, consistent with applicable law, delegate one or more of the functions listed under paragraph (1) of this subsection to the executive director. The executive director may further delegate such functions to one or more employees of the department.

3. (c) Members. Each member of the commission shall:

   1. (1) execute a bond payable to the state in the sum of $5,000, to be approved by the governor, and conditioned on the faithful performance of the member's duties; and
   2. (2) attend at least half of the regularly scheduled meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the commission

4. (d) Commissioner of transportation.

   1. (1) The commissioner of transportation is the chair of the commission and, with the advice and recommendations of the executive director and his or her staff, shall:

      1. (A) represent the department in dealing with the governor;
      2. (B) report at least quarterly to the governor on the state of affairs at the department;
      3. (C) report suggestions made by the governor for departmental operations to the commission;
      4. (D) report to the governor on efforts to maximize the efficiency of departmental operations through the use of private enterprise;
      5. (E) periodically review the department's organizational structure and submit recommendations for structural changes to the governor, the commission, and the Legislative Budget Board;
      6. (F) designate one or more employees of the department as a civil rights division of the department and receive regular reports from the division on the department's efforts to comply with civil rights legislation and administrative rules;
      7. (G) serve as the departmental liaison with the governor and the Office of State-Federal Relations to maximize federal funding for highway, public transportation, and aviation purposes; and
      8. (H) perform any other duties assigned by law.
   2. (2) The commissioner of transportation may, consistent with applicable law, delegate one or more of the functions listed under paragraph (1) of this subsection to the executive director, who in turn may further delegate such functions to one or more employees of the department.

   3. (3) The commissioner of transportation or a member of the commission designated by the commissioner of transportation shall serve as a member of:

      1. (A) the board of directors of the Texas Turnpike Authority Division of the department; and
      2. (B) the Coastal Coordination Council.

Source Note:The provisions of this §1.1 adopted to be effective February 23, 1993, 18 TexReg 890; amended to be effective August 23, 1996, 21 TexReg 7664; amended to be effective July 19, 1998, 23 TexReg 7241.