PART 1. TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 4. EMPLOYMENT PRACTICES
SUBCHAPTER B. JOB APPLICATION PROCEDURES
The Texas Department of Transportation (department) proposes the amendments to §4.10 and §4.15, concerning to Job Application Procedures.
EXPLANATION OF PROPOSED AMENDMENTS
The purpose of the amendments is to align the rules with changes made by Senate Bill No. 1376, Acts of the 88th Legislature, Regular Session, 2023, relating to employment preferences for members of the military and their spouses. S.B. 1376 amended Government Code, Chapter 657, by expanding the state's employment preference for veterans to the spouse of a member of the United States armed forces or Texas National Guard serving on active duty as well as the spouse of a veteran if the spouse is the primary source of income for the household and the veteran has a total disability rating based either on having a service-connected disability with a disability rating of at least 70 percent or on individual unemployability. The bill grants the spouse priority in the order of preference after a veteran, with or without a disability, but before a qualifying surviving spouse or qualifying orphan of a veteran. The bill also replaces references to veteran's employment preference with references to a military employment preference and includes military members and their dependents.
Amendment to §4.10, Purpose, replaces the reference to employment preference for veterans with employment preference for military related service to align with the new terminology that was added by Senate Bill 1376, Acts of the 87th Legislature, Regular Session, 2023.
Amendment to §4.15, Preferences, updates the heading of Government Code, Chapter 657.
FISCAL NOTE
Stephen Stewart, Chief Financial Officer, has determined, in accordance with Government Code, §2001.024(a)(4), that for each of the first five years in which the proposed rules are in effect, there will be no fiscal implications for state or local governments as a result of the department's or commission's enforcing or administering the proposed rules.
LOCAL EMPLOYMENT IMPACT STATEMENT
David McMillan, Director, Human Resources Division, has determined that there will be no significant impact on local economies or overall employment as a result of enforcing or administering the proposed rules and therefore, a local employment impact statement is not required under Government Code, §2001.022.
PUBLIC BENEFIT
David McMillan has determined, as required by Government Code, §2001.024(a)(5), that for each year of the first five years in which the proposed rules are in effect, the public benefit anticipated as a result of enforcing or administering the rules will be realized efficiencies in the department's employment practices.
COSTS ON REGULATED PERSONS
David McMillan has also determined, as required by Government Code, §2001.024(a)(5), that for each year of that period there are no anticipated economic costs for persons, including a state agency, special district, or local government, required to comply with the proposed rules and therefore, Government Code, §2001.0045, does not apply to this rulemaking.
ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS
There will be no adverse economic effect on small businesses, micro-businesses, or rural communities, as defined by Government Code, §2006.001, and therefore, an economic impact statement and regulatory flexibility analysis are not required under Government Code, §2006.002.
GOVERNMENT GROWTH IMPACT STATEMENT
David McMillan has considered the requirements of Government Code, §2001.0221 and anticipates that the proposed rules will have no effect on government growth. He expects that during the first five years that the rule would be in effect:
(1) it would not create or eliminate a government program;
(2) its implementation would not require the creation of new employee positions or the elimination of existing employee positions;
(3) its implementation would not require an increase or decrease in future legislative appropriations to the agency;
(4) it would not require an increase or decrease in fees paid to the agency;
(5) it would not create a new regulation;
(6) it would not expand, limit, or repeal an existing regulation;
(7) it would not increase or decrease the number of individuals subject to its applicability; and
(8) it would not positively or adversely affect this state's economy.
TAKINGS IMPACT ASSESSMENT
David McMillan has determined that a written takings impact assessment is not required under Government Code, §2007.043.
SUBMITTAL OF COMMENTS
Written comments on the amendments to §§4.10 and 4.15, may be submitted to Rule Comments, General Counsel Division, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483 or to RuleComments@txdot.gov with the subject line "Employment Practices." The deadline for receipt of comments is 5:00 p.m. on January 1, 2024. In accordance with Transportation Code, §201.811(a)(5), a person who submits comments must disclose, in writing with the comments, whether the person does business with the department, may benefit monetarily from the proposed amendments, or is an employee of the department.
STATUTORY AUTHORITY
The amendments are proposed under Transportation Code, §201.101, which provides the Texas Transportation Commission (commission) with the authority to establish rules for the conduct of the work of the department.
CROSS REFERENCE TO STATUTES IMPLEMENTED BY THIS RULEMAKING
Government Code, Chapter 657.
§4.10.Purpose.
It is the policy and practice of the Texas Transportation Commission
and the Texas Department of Transportation to ensure and promote internal
and external equal employment opportunity and to use affirmative action
to achieve these ends. In keeping with this policy and with the requirements
of Transportation Code, §§201.401-201.404 and Government
Code, Chapters 656, 657, and 672, this subchapter prescribes the procedures
for notifying potential applicants of vacant positions within the
department, making applications for employment, and obtaining employment
preferences related to military service and for [veterans
or] former foster children.
§4.15.Preferences.
The department will give an applicant employment preference over other applicants who do not have greater qualifications for the same position, if the applicant:
(1) qualifies for employment preference under Government
Code, Chapter 657, Military [Veteran's] Employment
Preferences; or
(2) is entitled to an employment preference under Government Code, Chapter 672, Employment Preference For Former Foster Children.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on November 16, 2023.
TRD-202304302
Leonard Reese
Senior General Counsel
Texas Department of Transportation
Earliest possible date of adoption: December 31, 2023
For further information, please call: (512) 486-5081