SECTION 3.161. General

(a) Objective.

(1) The overall objective is to provide for the most equitable and economical parking facilities for state employees, state officials, and the visiting public in accordance with the general law as set out in Texas Government Code, §§411.061-411.067. Parking and traffic administration are administered by the Highway Patrol Service with full authority to carry out the responsibilities of the Texas Department of Public Safety.

(2) In addition to a limited number of reserved parking spaces, these sections allow for free parking for other employees. Assignments for free parking will be made to locations as near as possible to the employee's work location. Parking in these locations will be on a first-come basis.

(3) In an effort to conserve energy and to alleviate traffic congestion in the Capitol Complex, car pooling will be encouraged by the assignment of free reserved parking.

(4) Under the provisions of the Americans with Disabilities Act (ADA) and 29 Code of Federal Regulations Part 163.2, a qualified employee with a disability will be assigned a free reserved parking space. As a reasonable accommodation for employees with significant mobility impairments, a free reserved space as near as possible to the building where the employee is employed shall be designated, whether in space assigned to the employing agency or in space managed by the department.

(b) Definitions. The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Availability for assignment--Refers to the status of a lot or garage, either a part or the whole of which is used for open parking assignment and shows a utilization of its open parking areas of less than 100% during peak use hours. A lot or garage may not be utilized for open parking by all state employees when determined to be necessary for security reasons by the Commander of the Capitol Regional Command Office.

(2) Handicap reserved parking--a parking space only to be utilized by an employee issued a handicap parking permit by the parking administration. The spaces will be marked by signs and/or red painted curbs or stops.

(3) Open parking--The privilege to park anywhere within the Capitol Complex parking lots or garages except in those spaces marked as "reserved," "handicap reserved," "visitor parking," or designated by the department not to be open parking facilities. No monthly charge is made for open parking.

(4) Parking administration--A section of the Highway Patrol Service, Texas Department of Public Safety.

(5) Reserved parking--Assignment of a specific parking space to a state official, an agency or to an employee. The spaces will be marked by signs and/or yellow painted curbs or stops.

(6) Visitor parking--parking space to be utilized by a state employee only if his or her principal place of employment is outside the Capitol Complex. The spaces will be marked by signs and/or blue painted curb stops. This definition excludes any parking spaces in the State Visitors' Garage which is under the management and control of the State Preservation Board.

(c) Exemptions. The following areas will not be regulated as to parking except as noted:

(1) Texas Workforce Commission. Parking facility under the management and control of the Texas Workforce Commission;

(2) the parking garage in the capitol extension project and the parking spaces on the grounds of the Capitol. However, the department may enforce the parking regulations established by the State Preservation Board;

(3) the State Visitor's Garage. Parking facility under the management and control of the State Preservation Board. However, the department may enforce the parking regulations established by the State Preservation Board.

(4) parking areas outside the Capitol Complex. State parking lots and garages outside the Capitol Complex will not be regulated by the department except under the authority of individual contracts and agreements approved by the director of the Texas Department of Public Safety.

(d) Agency parking coordinator. Each occupying agency will designate one of its employees to be the parking coordinator, and the parking administration will provide each coordinator with detailed instructions for the proper administration of these guidelines.

(e) Official traffic control devices; establishment and maintenance.

(1) The commander of the Capitol Regional Command Office or his designee shall cause to be placed and maintained all official traffic-control devices in accordance with the Texas Manual on Uniform Traffic-Control Devices for Streets and Highways, as most recently published by the Texas Department of Transportation, or in accordance with such official publication of that Department which may in the future amend or supersede the same, except where such manual is in conflict with state law. It shall be unlawful for any person to violate the regulation imposed by any lawfully posted traffic-control device, whether or not posted in accordance with such manual.

(2) Proof of the fact that any traffic-control device, sign, signal or marking was actually in place at any location in the Capitol Complex shall constitute prima facie evidence that the same was installed under the authority of law.

(3) The Highway Patrol Service shall maintain a record of the locations where any traffic-control device, marking or special regulation is made applicable.

(4) All traffic-control devices, signs, signals and markings evidenced by the record thereof maintained by the Highway Patrol Service, and in existence as of the adoption of these amendments to the rules of the department, are hereby ratified and confirmed as official traffic-control devices of the department, and shall continue as such until modified as provided in this section.

(5) The commander of the Capitol Regional Command Office, or his designee, shall approve any special regulations of traffic or parking applicable to a specific location, when appropriate for the free flow and the expeditious handling of traffic, the safety of persons or property, or the use of buildings and property within the Capitol Complex. Such regulations shall be placed in the record, which shall include the description, location and date of such regulation. Whenever any specific regulation of traffic becomes expressly not applicable to a specific location within the Capitol Complex, the record of such regulation shall be marked "deleted" by the commander of the Capitol Regional Command Office or his designee, who shall also note the date of such deletion.

(6) The record of traffic-control devices, signs, signals and markings shall be continuously maintained by the Highway Patrol Service, and all persons shall be charged with notice of the contents of the same. Defects, omissions or entries of the records relating to traffic-control devices, signs, signals and markings shall not constitute a defense to prosecution for traffic or parking violations.

Source Note: The provisions of this §3.161 adopted to be effective March 9, 2004, 29 TexReg 2374