(a) The Texas Transportation Commission (commission) encourages the use of negotiated rulemaking for the adoption of commission rules in appropriate situations.
(b) The general counsel of the Texas Department of Transportation is the commission's negotiated rulemaking coordinator. The general counsel may designate a person to perform the duties and functions of the coordinator.
(c) The negotiated rulemaking coordinator, on the coordinator's own determination or on the request of the commission or the executive director, will begin the negotiated rulemaking process on a specified subject.
(d) The negotiated rulemaking coordinator will follow the procedures provided in the Negotiated Rulemaking Act (Government Code, Chapter 2008) to determine whether the negotiated rulemaking process is a feasible method to develop a particular rule. If the coordinator determines that the negotiated rulemaking process is feasible and appropriate, the coordinator will ensure compliance with the Negotiated Rulemaking Act in developing the rule.

Source Note: The provisions of this §1.12 adopted to be effective November 17, 2011, 36 TexReg 7676