Section 3.162 - Assignment to a Reserved Space or Open Facility(a) The assignment to a reserved space or open facility is considered a privilege which 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 department. The acceptance and use of a parking assignment constitutes acceptance of all sections and regulations regarding such assignment. The department may designate lots or garages 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, Section 411.063(c), and Sections 3.166 of this title (relating to Priority of Assignments).(b) Employees of state agencies are eligible for assigned parking 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. If the department enters into a contract or agreement to administer the parking for an area outside the Capitol Complex, the same rules will apply.(c) Employees, upon request, may be placed on a waiting list for an open parking assignment to a lot or garage 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 garages 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 garages. Such surveys will be conducted at times, and during months, which have been observed by the 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, the 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 garage 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 the department 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 § 3.163 of this title (relating to New Lots/Garages).(d) 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.(e) The department may designate and request the commission 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 visitors parking in the Capitol Complex, or on other state property outside the Capitol Complex when said property is administered by the department as provided in § 3.161 of this title (relating to General).(f) In making assignments to open parking facilities, individual space assignments are not permitted. The department may assign more individuals to park in the lot or garage than there are spaces available. Determination of the number of assignments to such an area, 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.(g) Each state agency housed in the Capitol Complex, or on other state property administered by the department, is allotted a number of reserved spaces based on the needs of the agency and the availability of spaces. The department 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 the 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 garage as described in § 3.165 of this title (relating to Monthly Parking Charges, Payment, and Refunds). All other spaces whether a part or the whole of a lot or garage shall be marked for open assignment in accord with these sections.37 Tex. Admin. Code § 3.162
The provisions of this §3.162 adopted to be effective March 9, 2004, 29 TexReg 2374