1. (a) Purpose. This section provides policies and procedures governing public access to the commission in order to facilitate that access and maximize public participation in the decision-making process, while ensuring orderly and effective conduct of meetings.

2. (b) Posted agenda items. A person may speak before the commission on any matter on a posted agenda, other than a presentation by a delegation under subsection (d) of this section, by submitting a request, in a form and manner as prescribed by the department, prior to the matter being taken up by the commission. A person speaking before the commission on an agenda item will be allowed an opportunity to speak:

   1. (1) prior to a vote by the commission on the item; and
   2. (2) for a maximum of three minutes, except as provided in subsection (h)(6) of this section.

3. (c) New agenda items.

   1. (1) A person, other than a delegation under subsection (d) of this section, may request the department to add an item to the commission agenda by submitting, no less than 20 days prior to the date which has been set for the next meeting, the following information:

      1. (A) the name and address of the person making the request;
      2. (B) a clear and concise statement of the subject of the proposed agenda item; and
      3. (C) a brief summary of the action sought.
   2. (2) If the department determines that the proposed item is within the jurisdiction of the commission, the matter will be placed on the posted agenda for the next or a subsequent meeting, consistent with available time. If the proposed item concerns a matter that has appeared on the posted agenda of a commission meeting during the previous six months, the request may be denied or deferred for consideration at the discretion of the department and the commission.

4. (d) Delegations.

   1. (1) Petition. A delegation consisting of the representatives of one or more local governments or of an organization of two or more persons may petition the department to appear before the commission to seek commission action on a maximum of three specific transportation projects, or on the general transportation needs for a specific geographical area.

   2. (2) Content of petition. A petition filed under this subsection must be in writing, directed to the department's district office of the district in which the project is located, and must be received by the chief executive officer in charge of the district (district engineer) no less than 90 days prior to the date of the requested appearance. The petition must include:

      1. (A) the name and address of the petitioner;
      2. (B) a statement that the petitioner desires to appear on his or her own behalf, or as the representative of a named organization or local government;
      3. (C) a clear and concise statement of the subject of the proposed presentation;
      4. (D) a brief summary of the action sought;
      5. (E) a brief description of known or potential adverse impacts on the environment;
      6. (F) the name and address of each opponent, if any, to the proposed action or relief sought; and
      7. (G) a statement of the applicable metropolitan planning organization's position and endorsement, if any, of the project or projects.

   3. (3) Highway projects. A delegation requesting action on a highway project must submit with the petition a letter containing:

      1. (A) project limits;
      2. (B) an estimate of the cost of the project;
      3. (C) a description of the existing facility (if any);
      4. (D) a description of the requested improvement;

      5. (E) proposed local government participation (city, county) for:

         1. (i) right-of-way;
         2. (ii) utility adjustments;
         3. (iii) environmental mitigation;
         4. (iv) construction; and
         5. (v) other project components; and
      6. (F) any proposed participation in the project by other public or private entities.
   4. (4) District review. The district will review the petition and advise the delegation if any additional information is necessary. The district will submit to the executive director the petition followed by a report containing background information, the district's analysis, and district recommendations.
   5. (5) Opposition. The department will notify any opponents identified in a petition filed under this subsection or who may be otherwise known to the department. An opponent will be afforded an opportunity to appear before the commission as provided in paragraph (6)(A) of this subsection.

   6. (6) Presentation.

      1. (A) Except as provided in subsection (h)(6) of this section, a delegation will be allowed to speak for a maximum of 20 minutes on a maximum of three projects prioritized by the delegation or on the general transportation needs for a specific geographical area, and opponents will be allowed to follow the presentation of the delegation with a presentation not to exceed a total of 20 minutes.
      2. (B) Other than elected public officials, no more than three persons may speak for a delegation.

5. (e) Open comment period.

   1. (1) At the conclusion of the posted agenda of each regular business meeting the commission will allow an open comment period, not to exceed one hour, to receive public comment on any other matter that is under the jurisdiction of the commission.
   2. (2) A person desiring to appear under this subsection must complete a registration form, as provided by the department, prior to the beginning of the open comment period.
   3. (3) Except as provided in subsection (h)(6) of this section, each person will be allowed to speak for a maximum of three minutes for each presentation in the order in which he or she registered.
6. (f) Disability accommodation. Persons with disabilities who have special communication or accommodation needs and who plan to attend a meeting may contact the office of the secretary to the commission in Austin. Requests should be made at least two days before a meeting. The department will make every reasonable effort to accommodate these needs.
7. (g) Notice. For each commission meeting a notice and a summary agenda will be published in the Texas Register, and, not less than seven days prior to that meeting, a notice and complete agenda will be posted in the state capitol building.

8. (h) Conduct and decorum. The commission will receive public input as authorized by this section, subject to the following guidelines.

   1. (1) Questioning of those making presentations will be reserved to commission members and the department's administrative staff.
   2. (2) Organizations, associations, or groups are encouraged to present their commonly held views, and same or similar comments, through a representative member where possible.
   3. (3) Presentations shall remain pertinent to the issue being discussed.
   4. (4) A person who disrupts a meeting must leave the meeting room if ordered to do so by the chair.
   5. (5) A person may not assign a portion of his or her time to another speaker.
   6. (6) The time allotted for presentations or comments under this section may be increased or further limited by the commissioner of transportation, or, in his or her absence, the acting chair, as may be appropriate to assure opportunity for the maximum number of persons to appear.
9. (i) Waiver. Subject to the approval of the commissioner of transportation, a requirement of this section may be waived in the public interest if necessary for the performance of the responsibilities of the commission or the department.

Source Note:The provisions of this §1.4 adopted to be effective February 23, 1993, 18 TexReg 890.