1. (a) Executive director.

   1. (1) The commission will elect an executive director for the department who shall be a registered professional engineer in the State of Texas experienced and skilled in transportation planning, development, construction, and maintenance. The executive director, as the chief executive officer of the department, is authorized to administer the day-to-day operations of the department. The executive director may hold his or her position until removed by the commission.
   2. (2) To assist in discharging the duties and responsibilities of the executive director, the executive director may organize, appoint, and retain such administrative staff as he or she deems appropriate. In accordance with standards developed by the governor and the Legislative Budget Board, the executive director may designate the title, number, and compensation rate of exempt positions other than those listed in the schedule of exempt positions in the General Appropriations Act.

   3. (3) The executive director shall:

      1. (A) execute a bond payable to the state in an amount determined by the commission, and conditioned upon the faithful performance of his or her duties;
      2. (B) serve the commission in an advisory capacity, without vote;
      3. (C) submit quarterly, annually, and biennially to the commission detailed reports of the progress of public road construction, public and mass transportation development, and detailed statement of expenditures;
      4. (D) hire, promote, assign, re-assign, transfer, and, consistent with applicable law and policy, terminate staff necessary to accomplish the roles and missions of the department;
      5. (E) notify the commissioner of transportation of grounds for removal of a commission member if having knowledge that a potential ground for removal exists, or, if the potential ground for removal relates to the commissioner of transportation, notify another member of the commission;
      6. (F) under the direction and with the approval of the commission, prepare a comprehensive plan providing a system of state highways; and
      7. (G) perform other responsibilities as required by law or assigned by the commission.
   4. (4) The executive director may, consistent with applicable law, delegate one or more of the functions listed under paragraph (3)(C)-(G) of this subsection to the staff of the department.

2. (b) Department staff. The staff of the Texas Department of Transportation, under the direction of the executive director, is responsible for:

   1. (1) implementing the policies and programs of the commission by:

      1. (A) formulating and applying operating procedures; and
      2. (B) prescribing such other operating policies and procedures as may be consistent with and in furtherance of the roles and missions of the department;

   2. (2) providing the commissioner of transportation and members of the commission administrative support necessary to perform their respective duties and responsibilities, including:

      1. (A) assigning staff to assist members of the commission;
      2. (B) providing necessary office space and equipment;
      3. (C) furnishing in-house legal counsel;
      4. (D) providing all information and documents necessary for the commission to effectively perform its responsibilities; and
      5. (E) preparing an agenda, providing notice, and transcribing commission meetings and hearings as required by the Texas Open Meetings Act, Government Code, Chapter 551; and
   3. (3) performing all other duties as prescribed by law or as assigned by the commission.
3. (c) Divisions. Consistent with commission direction provided under §1.1(b)(1)(T) and (U) of this title (relating to Texas Transportation Commission), the executive director shall organize the department into headquarters operating divisions and special offices reflecting the various functions and duties assigned to the department, and shall designate a division or special office director who shall administer each division or special office.

4. (d) Districts.

   1. (1) District office. The department is divided into geographical districts, each containing one district office. Each district is administered by a district engineer who is a registered professional engineer and is appointed by the executive director.
   2. (2) Area office. A district contains one or more area offices, each of which is responsible for carrying out the department's primary functions at the local level for a designated geographical area. Each area office is normally administered by an area engineer who shall be a registered professional engineer.
   3. (3) Project office. A district may contain one or more project offices, which is normally responsible for a specific project within an area.

5. (e) Motor Vehicle Board.

   1. (1) Membership. The Motor Vehicle Board of the Texas Department of Transportation (board) consists of nine persons appointed by the governor with the advice and consent of the senate. The executive director of the Texas Department of Transportation is a member of the board ex officio. The executive director may attend a meeting of the board and may confer with and advise the board, the chairman, or the director. The executive director may not vote on a matter coming before the board. Except as provided by this subsection, the provisions of the Texas Motor Vehicle Commission Code relating to members of the board include:

      1. (A) two dealers licensed pursuant to the terms of the Texas Motor Vehicle Commission Code, at least one of whom must be a franchised dealer; and
      2. (B) one representative of a motor vehicle manufacturer or distributor licensed pursuant to the terms of the Texas Motor Vehicle Commission Code.
   2. (2) Board policy and purpose. In accordance with the Texas Motor Vehicle Commission Code, the policy and purpose of the board is to insure a sound system of distributing and selling motor vehicles through licensing and regulating manufacturers, distributors, converters, and dealers of those vehicles, and enforcing the Texas Motor Vehicle Commission Code as to other persons, in order to provide for compliance with manufacturer's warranties, and to prevent frauds, unfair practices, discriminations, impositions, and other abuses of the citizens of the state.

   3. (3) Board responsibilities.

      1. (A) In accordance with the Texas Motor Vehicle Commission Code, the board shall:

         1. (i) exercise the authority and perform the duties placed on the board by law;

         2. (ii) advise the department on:

            1. (I) matters arising under the Texas Motor Vehicle Commission Code and other matters relating to the licensing and regulation of motor vehicle manufacturers, distributors, converters, and dealers; and
            2. (II) the personnel, budgetary, equipment, data processing, and facility and property needs of the board and the Motor Vehicle Division of the department; and
         3. (iii) in coordination with the department, develop and implement policies that clearly delineate the policy-making responsibilities of the board and the management responsibilities of the department.
      2. (B) The department, by agreement with the board, may provide personnel and services to the board as needed to carry out purposes, powers, and duties of the board. The board may delegate authority to personnel as needed.

Source Note:The provisions of this §1.2 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.