The Texas Department of Transportation (TxDOT) has proposed changes to rules in the following areas – finance concerning collection of debts and fees for goods and services, the landscaping partnership and cost sharing program, and the cost of relocating utility facilities for toll projects:
FINANCE
TxDOT proposes amendments to 43 TAC §5.11 and §5.43, and the repeal of §5.44, concerning collection of certain debts and payment of fees for department goods and services.
Amendments to §5.11, Charges for Dishonored Checks, remove the language that provides the specific amount of the processing fee and instead refers to the amount authorized by Business and Commerce Code, §3.506. As a result of this change, the amendment of §5.11 will not be required for any future changes in the statute regarding the processing fee.
Amendments to §5.43, Methods of Payment, amend subsection (b) to remove the minimum and maximum credit card transaction acceptance amounts, remove the specific amount of the transaction charge for the use of a credit card provided in subsection (c), and delete subsection (d) relating to payment for Texas Highways magazine. These changes will have a positive public impact and encourage the use of this payment method reducing agency payment processing time and risk associated with the handling of other physical negotiable instruments.
Section 5.44, Exceptions, is repealed because the exceptions provided by that section to the application of subchapter D of Chapter 5 of the rules are no longer necessary.
PUBLIC DONATION AND PARTICIPATION PROGRAM
TxDOT proposes amendments to 43 TAC §12.5 and §12.7, relating to landscaping participation programs for improving the state highway system.
Amendments to §12.5, Landscape Cost Sharing Program, address the eligibility for participation in the program. The existing rules allow private businesses, civic organizations, and local governments to participate in the program. H.B. 3422 requires the department to accept landscape donations from "any source." To implement that requirement the amendments add individuals as potential participants and extend participation from civic organizations to all organizations.
Amendments to §12.7, Landscape Partnership Program, make changes consistent with the changes to §12.5 in regards to participation, signs, and traffic safety plans.
RIGHT OF WAY
TxDOT proposes amendments to 43 TAC §21.23, relating to the cost of relocating utility facilities for toll projects.
Amendments to §21.23, State Participation in Toll-Related Relocations, delete the expiration date of September 1, 2013, provided in subsection (d)(2) of that section. The department and utility owner will continue to share equally in the cost of a relocation of a utility facility that is required by the improvement, construction, or expansion of certain toll projects.