BILL ANALYSIS

Senate Research Center                                                                                                        S.B. 348

81R3398 SLB-F                                                                                                               By: Carona

Transportation & Homeland Security

2/20/2009

As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

State statutes expressly provide for the Texas Transportation Commission (TTC) to create several advisory committees but do not provide general authority to create such a committee.  The attorney general has determined that a state agency may not create an advisory committee unless it is expressly authorized to do so by statute or has implied statutory authority to create an advisory committee for the purpose provided in the statute. 

As proposed, S.B. 348 authorizes TTC to establish advisory committees as necessary and determine the purpose, duties, and membership of each advisory committee. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 201, Transportation Code, by adding Section 201.117, as follows:

Sec.  201.117.  ADVISORY COMMITTEES.  (a)  Authorizes the Texas Transportation Commission (TTC) to establish, as it considers necessary, advisory committees on any of the matters under its jurisdiction. 

(b)  Requires TTC to determine the purpose, duties, and membership of each advisory committee. 

SECTION 2.  Effective date:  upon passage or September 1, 2009.