(a) The assignment to a reserved space or open facility is considered a privilege that can be revoked at any time for nonpayment or noncompliance with the parking regulations. In addition, this privilege may be revoked to permit implementation of changes in the parking system or these rules as mandated by the board. The acceptance and use of a parking assignment constitutes acceptance of all sections and rules regarding such assignment. The board may designate lots or parking structures for use by employees of particular buildings in order to give better distribution to parking utilization, subject to the priority of assignment established in Texas Government Code §411.063(c), and §111.39 of this title (relating to Priority of Parking Assignments).     
      (b) Each occupying agency will designate one of its employees to be the parking coordinator, and parking administration will provide each coordinator with detailed instructions for the proper administration of these rules.     
      (c) Employees of state agencies are eligible to park in an unrestricted parking lot or structure so long as they office four hours or more a day during the normal state work week between the hours of 7 a.m. and 6 p.m. within the Capitol Complex. Parking in unrestricted lots or structures shall be on a first come-first park basis.     
      (d) Employees, upon request, may be placed on a waiting list for an open parking assignment to a restricted parking lot or restricted parking structure in close proximity to their work location. They may be placed on the list for not more than two locations, applicable only to those lots or parking structures designated for use by the building where the applicant is employed. Utilization surveys of open parking areas will be conducted to determine the number of available spaces in all lots and parking structures. Such surveys will be conducted at times and during months that have been observed by parking administration as typically having the largest number of vehicles using open parking. When utilization surveys show a pattern of available spaces in an open parking location, parking administration will make available a number of open parking assignments, after taking into consideration the pattern of utilization and the number of current assignments for the particular location. Eligible employees will be notified in writing. The employee will be given five working days in which to accept or decline the assignment. When notification letters have been mailed, employees are automatically removed from the waiting list for the lot or parking structure designated in the notification letter. Once a parking assignment has been accepted by an employee, that employee is automatically removed from all waiting lists. New applications not immediately assignable shall be dated and time stamped as they are received by parking administration and placed on the respective lists in chronological order. Assignments from the waiting list will be made on a "first-on, first-off " basis, except as provided in subsection (e) of this section.     
      (e) Whenever a new restricted parking lot or restricted parking structure is opened for operation, assignments will be made as near as possible to the employee's work location. Whenever a new parking structure is opened that is connected to or part of a building, whether by new construction or by purchase of an existing facility, assignments to that location may be made first to the employees occupying the building. Additional and further assignments will be made in accordance with these sections.     
      (f) All assignments relinquished, cancelled, terminated, or forfeited shall become reassignable in accordance with these sections on the effective date of relinquishment, cancellation, termination, or forfeiture.     
      (g) Parking administration may designate and request the board or the Texas Department of Transportation to mark and place appropriate signs, traffic control devices, and meters for traffic control and parking regulation, and to designate parking spaces for state-owned vehicles and visitor parking in the Capitol Complex.     
      (h) In making assignments to open parking facilities, individual space assignments are not permitted. Parking administration may assign more individuals to park in the lot or parking structure than there are spaces available. Determination of the number of assignments to such an area, as allowed by this subsection, shall be based upon information obtained during peak utilization periods. Adjustments in the number of permitted assignments may be made from time to time as circumstances warrant in an effort to obtain full utilization of state parking facilities.     
      (i) Each state agency housed in the Capitol Complex or on other state property administered by parking administration is allotted a number of reserved spaces based on the needs of the agency and the availability of spaces. Parking administration will ensure that all agencies are allocated at least one space for individual assignment. Each state agency is responsible for assignment of these spaces and for notifying parking administration of all reserved assignments, additions, and deletions. A monthly charge shall be paid quarterly in advance for each assigned reserved space within a lot or parking structure as described in §111.43 of this title (relating to Monthly Parking Fees, Payment, and Refunds). All other spaces, whether a part or the whole of a lot or parking structure, shall be marked for open assignment in accordance with these sections.     
      (j) Parking administration may make space trades for employees currently having assigned spaces. In allowing such trades, parking administration shall satisfy itself that the best interests of the state will be served.     
      (k) If an employee is transferred to another work station outside the jurisdiction of parking administration or is terminated, he or she shall relinquish his or her assignment.     
      (l) In case of a transfer, should the employee be reassigned within six months of the original transfer, he or she shall be entitled to a priority assignment in the same facility as his or her relinquished assignment if a space is available.     
      (m) Subleasing an assignment shall not be permitted and is a violation of these sections. It is permissible for an employee who is assigned a reserved space by his or her agency to allow another state employee to use that assignment during vacations, absences due to illness, or official travel, provided the parking coordinator for his or her agency is notified in advance, but charging a fee for this favor is a violation of these sections.     
     Source Note:        The provisions of this §111.38 adopted to be effective January 24, 2016, 41 TexReg 613