1. (a) Commission.

   1. (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. (2) The governor designates one commissioner as the chair of the commission.

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 §§9.10-9.21 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 development and operation of toll projects on the state highway system;
      9. (I) approve a toll project constructed by a private entity or corporation if the project connects to the state highway system;
      10. (J) 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;
      11. (K) appoint an internal auditor for the department who shall report directly to the commission on the conduct of departmental affairs;
      12. (L) adopt rules for the operation of the department;
      13. (M) divide the department into districts to accomplish the department's functions and the duties assigned to it;
      14. (N) carry out such transportation functions as may be delegated by the governor pursuant to applicable federal law;
      15. (O) establish policy necessary to carry out the duties and functions of the department and the commission;
      16. (P) administer the state infrastructure bank;
      17. (Q) organize the department into divisions to accomplish the department's functions and duties assigned to it;
      18. (R) approve recommendations for changes to the department's organizational structure submitted by the chair of the commission under subsection (d)(1)(F) of this section;
      19. (S) plan and make policies for the location, construction, maintenance, and operation of rail facilities;
      20. (T) administer the Texas Mobility Fund as a revolving fund to provide a method of financing the construction, reconstruction, acquisition, and expansion of state highways, and for the construction of other transportation projects;
      21. (U) designate and provide for the development of a statewide system of multi-modal transportation facilities known as the Trans-Texas Corridor;
      22. (V) approve the creation of regional mobility authorities;
      23. (W) consider ways in which the department's operations may be improved and periodically report to the legislature concerning potential statutory changes that would improve the operation of the department; and
      24. (X) 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) Attendance at meetings. Each commissioner shall: attend at least half of the regularly scheduled meetings that the commissioner is eligible to attend during a calendar year unless the absence is excused by majority vote of the commission.

4. (d) Chair of the commission.

   1. (1) The chair of the commission, with the advice and recommendations of the executive director and the executive director's staff, shall:

      1. (A) preside over commission meetings, make rulings on motions and points of order, and determine the order of business;
      2. (B) represent the department in dealing with the governor;
      3. (C) report at least quarterly to the governor on the state of affairs at the department;
      4. (D) report suggestions made by the governor for departmental operations to the commission;
      5. (E) report to the governor on efforts to maximize the efficiency of departmental operations through the use of private enterprise;
      6. (F) periodically review the department's organizational structure and submit recommendations for structural changes to the governor, the commission, and the Legislative Budget Board;
      7. (G) 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;
      8. (H) create subcommittees, appoint commissioners to subcommittees, and receive the reports of subcommittees to the commission as a whole;
      9. (I) appoint a commissioner to act in the chair's absence;
      10. (J) serve as the departmental liaison with the governor and the Office of State-Federal Relations to maximize federal funding for transportation;
      11. (K) on behalf of the commission, report to the governor, the lieutenant governor, the speaker of the house of representatives, and the presiding officer of relevant legislative committees on legislative recommendations adopted by the commission and relating to the operation of the department;
      12. (L) oversee the preparation of an agenda for each commission meeting and ensure that a copy is provided to each commissioner at least seven days before a regular meeting; and
      13. (M) perform any other duties assigned by law.
   2. (2) The chair 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 chair or a commissioner designated by the chair shall serve as a member of 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; amended to be effective January 8, 2004, 29 TexReg 226; amended to be effective December 8, 2005, 30 TexReg 8178; amended to be effective May 20, 2010, 35 TexReg 3850.