EMERGENCY RULES An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 43. TRANSPORTATION Part I. Texas Department of Transportation Chapter 1. Management Advisory Committees 43 TAC sec.1.82 The Texas Department of Transportation adopts on an emergency basis an amendment to sec.1.82, concerning statutory advisory committee operations and procedures. Texas Civil Statutes, Article 46c-3, requires the Texas Transportation Commission to appoint a six-member Aviation Advisory Committee to advise the commission and the Texas Department of Transportation on aviation matters. Amendments to the rule governing operations and procedures of statutory advisory committees were previously adopted and published in the May 5, 1995, issue of the Texas Register (20 TexReg 3344). The amendment included a provision that Aviation Advisory Committee members would be appointed to three-year staggered terms beginning on August 31, 1995. Due to a technical oversight, the expiration dates of the terms were not revised to reflect the appointment period beginning on August 31, 1995, resulting in two members scheduled to serve for a four-year term instead of the three-year term as provided by the rule. It is necessary to adopt this amendment to sec.1.82 on an emergency basis to revise the termination dates so that the three-year term is not exceeded, avoid interruption in the committee's actions which would be a detriment to the department's ability to assist local governments and local economies in aviation matters, and conform to the intent of the rule. Section 1.82 is amended to provide that Aviation Advisory Committee members be appointed for three-year staggered terms with two terms to expire on August 31, 1996, two terms to expire August 31, 1997, and two terms to expire on August 31, 1998. The emergency amendment is adopted under Texas Civil Statutes, Articles 6666, which provide the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation, and more specifically Texas Civil Statutes, Article 46c-3, which requires the Texas Transportation Commission to appoint a six-member Aviation Advisory Committee to advise the commission and the Texas Department of Transportation on aviation matters. Texas Civil Statutes, Article 46c-3 is affected by the emergency amendment. sec.1.82. Statutory Advisory Committee Operations and Procedures. (a) Applicability. This section applies to statutory advisory committees. (b) Membership. (1) Aviation. (A) The commission will appoint the members of the aviation advisory committee to staggered terms of three years, unless sooner removed at the discretion of the commission, with two members' terms expiring August 31 of each year. (B) The commission will appoint six members in August, 1995 for initial terms as follows: two to serve terms expiring August 31, 1996 [1997], two to serve terms expiring August 31, 1997 [1998], and two to serve terms expiring August 31, 1998 [1999]. (C) Existing members shall serve until the commission appoints new members under subparagraph (B) of this paragraph. (2) Environmental and Public Transportation. Members of the Environmental and Public Transportation Advisory Committees shall be appointed and shall serve pursuant to Texas Civil Statutes, Article 6663b and Texas Civil Statutes, Article 6673g, respectively. (3) Officers. Each committee shall elect a chair and vice-chair by majority vote of the members of the committee. (c)-(h) (No change.) Issued in Austin, Texas, on August 2, 1995. TRD-9509633 Robert E. Shaddock General Counsel Texas Department of Transportation Effective date: August 2, 1995 Expiration date: November 30, 1995 For further information, please call: (512) 463-8630