reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter H. Plans and Projects › Section 201.618. Hydrogen-Fueled Vehicles and Refueling Stations

Sec. 201.618.  HYDROGEN-FUELED VEHICLES AND REFUELING STATIONS.  (a)  The department may seek funding from public and private sources to acquire and operate hydrogen-fueled vehicles and to establish and operate hydrogen refueling stations as provided by this section.
(b)  If the department secures funding under Subsection (a), the department may establish and operate at least five hydrogen refueling stations.  A refueling station established under this subsection must be located in an urbanized area along a major state highway and be accessible to the public.
(c)  If the department secures funding under Subsection (a), the department may purchase to operate in an area in which a refueling station is established under Subsection (b) vehicles capable of operating using hydrogen, including, at a minimum:
(1)  four vehicles with internal combustion engines that run on hydrogen; and
(2)  three fuel-cell vehicles, one internal combustion engine bus that runs on hydrogen, or one fuel-cell bus.
(d)  A vehicle purchased to meet the requirements of Subsection (c) may be used to satisfy the alternative fuels percentage requirement under Subchapter A, Chapter 2158, Government Code.
(e)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 259, Sec. 14(1), eff. June 17, 2011.
(f)  The department shall:
(1)  ensure that data on emissions from the vehicles and refueling stations purchased under this section and from the production of hydrogen for the vehicles and refueling stations are monitored and analyzed and compared with data on emissions from control vehicles with internal combustion engines that operate on fuels other than hydrogen; and
(2)  report the results of the monitoring, analysis, and comparison to the Texas Commission on Environmental Quality.
(g)  The department may charge the public a reasonable fee to use a hydrogen refueling station operated under Subsection (b).  The amount of the fee shall be based on the department's estimate of the number of customers that will use the refueling stations and the direct and indirect costs that will be incurred by the department to operate the refueling stations.  Fees collected by the department under this section shall be deposited in the state highway fund, may be appropriated only to the department to implement this section, and are exempt from the application of Section 403.095, Government Code.
Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 3.03, eff. June 14, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 259 (H.B. 1201), Sec. 14(1), eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter H. Plans and Projects › Section 201.619. Cooperative Planning With Counties

Sec. 201.619.  COOPERATIVE PLANNING WITH COUNTIES.  (a)  In this section, "corridor" means a geographical band that follows a general directional flow connecting major sources of trips.
(b)  The department and a county may enter into an agreement that identifies future transportation corridors within the county in accordance with this subsection.  The corridors identified in the agreement must be derived from existing transportation plans adopted by the department or commission, the county, or a metropolitan planning organization.
(c)  The department shall publish in the Texas Register and in a newspaper of general circulation in the county with which the department has entered into an agreement under Subsection (b) a notice that states that the department and the county have entered into the agreement and that copies of the agreement and all plans referred to by the agreement are available at one or more designated department offices.
Added by Acts 2007, 80th Leg., R.S., Ch. 1040 (H.B. 1857), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter H. Plans and Projects › Section 201.620. Coordination With Metropolitan Planning Organizations to Develop Long-Term Planning Assumptions

Sec. 201.620.  COORDINATION WITH METROPOLITAN PLANNING ORGANIZATIONS TO DEVELOP LONG-TERM PLANNING ASSUMPTIONS.  The department shall collaborate with metropolitan planning organizations to develop mutually acceptable assumptions for the purposes of long-range federal and state funding forecasts and use those assumptions to guide long-term planning in the statewide transportation plan under Section 201.601.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 19, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter H. Plans and Projects › Section 201.621. Motorcyclist Safety and Share the Road Campaign

Sec. 201.621.  MOTORCYCLIST SAFETY AND SHARE THE ROAD CAMPAIGN.  From funds appropriated for that purpose, the department shall conduct a continuing public awareness campaign to promote motorcyclist safety and the concept of sharing the road with motorcyclists.
Added by Acts 2009, 81st Leg., R.S., Ch. 1391 (S.B. 1967), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter H. Plans and Projects › Section 201.622. Wildfire Emergency Evacuation Route

Sec. 201.622.  WILDFIRE EMERGENCY EVACUATION ROUTE.  (a)  Notwithstanding Section 418.018, Government Code, in a county with a population of less than 75,000 and with a verifiable history of wildfire, the department may designate an emergency evacuation route for use in the event of a wildfire emergency.  The department may establish criteria to determine which areas of a county are subject to a potential wildfire emergency.
(b)  The department may assist in the improvement of a designated wildfire emergency evacuation route.
(c)  Criteria for determining a wildfire emergency evacuation route must provide for evacuation of commercial establishments such as motels, hotels, and other businesses with overnight accommodations.
(d)  A wildfire emergency evacuation route designated under Subsection (a) may include federal or state highways or county roads.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 20, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter H. Plans and Projects › Section 201.624. Move Over or Slow Down Campaign

Sec. 201.624.  MOVE OVER OR SLOW DOWN CAMPAIGN.  (a)  The department shall develop and implement a move over or slow down public awareness campaign designed to promote compliance with and improve public awareness of the requirements of Section 545.157 concerning the passing of certain vehicles.
(b)  The department may consult and coordinate with the Department of Public Safety and the Texas Department of Motor Vehicles as the department considers necessary to develop or implement the campaign.
(c)  In implementing the campaign, the department may engage in online advocacy, issue public service announcements, distribute materials, and post signage on roadways relating to the campaign.
(d)  The department may pay the costs of the campaign and its administration from:
(1)  gifts, grants, or donations;
(2)  matching funds; and
(3)  other funds made available for that purpose, including available department revenue.
Added by Acts 2021, 87th Leg., R.S., Ch. 898 (H.B. 3319), Sec. 2, eff. September 1, 2021.
Redesignated from Transportation Code, Section 201.623 by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(37), eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter H. Plans and Projects › Section 201.625. Trailer Attachment Campaign

Sec. 201.625.  TRAILER ATTACHMENT CAMPAIGN.  (a)  In this section, "passenger car" has the meaning assigned by Section 541.201.
(b)  The department shall develop and implement a public awareness campaign to promote the proper attachment of a trailer to a passenger car and raise awareness regarding the potential consequences of failing to attach a trailer properly.
(c)  In implementing the campaign, the department may engage in online advocacy, issue public service announcements, and distribute materials relating to the campaign.
(d)  The department may pay the costs of the campaign and its administration from:
(1)  gifts, grants, or donations;
(2)  matching funds; and
(3)  other funds made available for that purpose, including available department revenue.
Added by Acts 2023, 88th Leg., R.S., Ch. 1000 (H.B. 1198), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter H. -1. Coordination of Broadband Installation › Section 201.671. Definitions

Sec. 201.671.  DEFINITIONS.  In this subchapter:
(1)  "Broadband" means a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all Internet endpoints, including capabilities that are incidental to and enable the operation of the service.  The term includes a service that is functionally equivalent to the service described by this subdivision.
(2)  "Broadband conduit" means a conduit, pipe, innerduct, or microduct for fiber-optic or other cables that supports broadband and wireless facilities for broadband.
Added by Acts 2019, 86th Leg., R.S., Ch. 1122 (H.B. 2422), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter H. -1. Coordination of Broadband Installation › Section 201.672. Coordination

Sec. 201.672.  COORDINATION.  (a)  The department shall provide notice on the department's Internet website of ongoing and planned highway construction projects for which the department will provide voluntary joint trenching opportunities in the state's right-of-way for broadband providers. A broadband provider may collaborate with the department to deploy broadband conduit or other broadband facilities in those rights-of-way.
(b)  The department shall give special consideration to broadband deployment described by Subsection (a) that is likely to improve access to broadband by rural or underserved communities.
(c)  To the extent practicable, the department shall assist political subdivisions in taking advantage of voluntary joint trenching opportunities.
Added by Acts 2019, 86th Leg., R.S., Ch. 1122 (H.B. 2422), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter H. -1. Coordination of Broadband Installation › Section 201.673. Report

Sec. 201.673.  REPORT.  Annually, the department shall submit to the legislature a report that explains the actions taken by the department in carrying out this subchapter and identifies any costs or cost savings to the state and private entities associated with voluntary joint trenching opportunities.
Added by Acts 2019, 86th Leg., R.S., Ch. 1122 (H.B. 2422), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter I. Funds and Expenditures › Section 201.701. Funds for Emergency Medical Services

Sec. 201.701.  FUNDS FOR EMERGENCY MEDICAL SERVICES.  (a)  If the department receives state or federal highway safety funds that may be used for emergency medical services, the department shall:
(1)  contract with the Texas Department of Health for the administration of the funds by the department of health;  and
(2)  designate a part of the funds to be used for improvement of emergency medical services.
(b)  If an agency of the federal government formally notifies the department that a contract described by Subsection (a) violates federal law or would cause the loss of any federal highway safety funds, the department may not execute the contract or, if the contract has been executed, the contract is void.
(c)  This section does not affect any responsibility of the department for oversight of state or federal highway safety funds.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter I. Funds and Expenditures › Section 201.702. Disadvantaged Business Program

Sec. 201.702.  DISADVANTAGED BUSINESS PROGRAM.  (a)  The department shall:
(1)  set annual goals for the awarding of state or federally funded contracts, including construction, maintenance, supply, and service contracts, to disadvantaged businesses and shall attempt to meet the goals;
(2)  assess the availability of disadvantaged businesses in this state;
(3)  attempt to identify disadvantaged businesses in this state that provide or have the potential to provide supplies, materials, equipment, or services to the department;
(4)  give disadvantaged businesses full access to the department's contract bidding process, inform the businesses about the process, offer the businesses assistance concerning the process, and identify barriers to the businesses' participation in the process;  and
(5)  allocate the responsibility for performing the duties prescribed by this section among persons in the department's headquarters and regional offices.
(b)  The goals under Subsection (a)(1) must approximate the federal requirement for federal money used for highway construction and maintenance consistent with other applicable state and federal law.
(c)  The department's equal opportunity office shall participate in the development of requests for proposals and other departmental documents relating to the bidding process.
(d)  This section does not exempt the department from competitive bidding requirements provided by other law.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter I. Funds and Expenditures › Section 201.703. Expenditures for Roads Not on the Highway System

Sec. 201.703.  EXPENDITURES FOR ROADS NOT ON THE HIGHWAY SYSTEM.  (a)  The department in conjunction with the Federal Highway Administration may spend for the improvement of a road not in the state highway system money appropriated by the United States Congress and allocated by the United States secretary of transportation to the department for expenditure on the road.  That federal money may be matched or supplemented by an amount of state money necessary for proper construction and performance of the work.
(b)  State money may not be used exclusively for the construction of a road not in the state highway system.
(c)  The expenditure of state money is limited to the cost of construction and engineering, overhead, and other costs on which the application of federal money is prohibited or impractical.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter I. Funds and Expenditures › Section 201.704. Contract for Repair or Maintenance of Equipment

Sec. 201.704.  CONTRACT FOR REPAIR OR MAINTENANCE OF EQUIPMENT.  (a)  The department shall contract with a private entity for the repair or maintenance of highway equipment and passenger cars used by the department if the department determines that the private entity can:
(1)  provide maintenance and repair services that are of sufficient quality and in sufficient quantity;  and
(2)  perform those services for a charge that is less than 90 percent of the total cost for the department to provide equivalent services.
(b)  During a fiscal year the department shall spend for all contracts under this section not less than 35 percent of the total amount it spends for vehicle repair and maintenance in that year.
(c)  In determining the total cost of providing maintenance and repair services for the purpose of Subsection (a)(2), the department shall consider direct and indirect costs of providing those services.
(d)  In this section:
(1)  "Highway equipment" means machinery or equipment, other than a passenger car, that is used by the department for the construction, reconstruction, maintenance, or repair of a road or highway.
(2)  "Passenger car" has the meaning assigned that term by Section 502.001.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 600, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter I. Funds and Expenditures › Section 201.705. Aesthetic Entrances and Ornamental Decorations

Sec. 201.705.  AESTHETIC ENTRANCES AND ORNAMENTAL DECORATIONS.  The department may enter into agreements with local governments, convention and visitors bureaus, chambers of commerce, or other governmental or nongovernmental entities for the purpose of purchasing supplies and materials to be used for aesthetic entrances to municipalities or census designated places along interstate highways or highway corridors or ornamental decorations along overpasses, provided that the department may not expend appropriated funds solely to plan, design, or construct aesthetic entrances to municipalities or census designated places along interstate highways or highway corridors or ornamental decorations along overpasses.
Added by Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter I. Funds and Expenditures › Section 201.706. Local Government Assistance

Sec. 201.706.  LOCAL GOVERNMENT ASSISTANCE.  From appropriated funds, the department shall assist counties with materials to repair and maintain county roads.  The department shall:
(1)  provide that the total annual value of assistance under this section is:
(A)  at least $12 million per year for fiscal years 1998 and 1999; and
(B)  at least $6 million per year for a fiscal year other than 1998 or 1999;
(2)  make maximum usage of surplus materials on hand;
(3)  develop rules and procedures to implement this section and to provide for the distribution of the assistance with preference given to counties with an above average number of overweight trucks receiving weight tolerance permits based on the previous year's permit totals; and
(4)  undertake cooperative and joint procurement of road materials with counties under procedures of the comptroller.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.41, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.110, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter I. Funds and Expenditures › Section 201.707. Agreements for Services on Regional Tollway Authority Projects

Sec. 201.707.  AGREEMENTS FOR SERVICES ON REGIONAL TOLLWAY AUTHORITY PROJECTS.  Notwithstanding Section 201.703(c), the department and a regional tollway authority governed by Chapter 366 may enter into an agreement for the provision by the department, for fair and reasonable compensation, of services on the regional tollway authority's turnpike projects, including but not limited to courtesy patrols.
Added by Acts 1999, 76th Leg., ch. 576, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter I. Funds and Expenditures › Section 201.710. Planning and Funding of Ports of Entry

Sec. 201.710.  PLANNING AND FUNDING OF PORTS OF ENTRY.  (a)  In this section:
(1)  "Port of entry" means a place designated by executive order of the president of the United States, by order of the United States secretary of the treasury, or by Act of the United States Congress at which a customs officer is authorized to accept entries of merchandise to collect duties, and to enforce the various provisions of the customs and navigation laws.
(2)  "Project related to a port of entry" means a transportation project on the state highway system related to access to a port of entry in this state.
(b)  This section applies only to a port of entry on the border with the United Mexican States.  This section does not apply to a port of entry at an airport.
(c)  The department shall include projects related to ports of entry in its unified transportation program or any successor to that program.
(d)  A metropolitan planning organization that has a port of entry within its jurisdiction shall include projects related to ports of entry in its transportation improvement plan.
(e)  In allocating money to projects, the department shall fund projects related to ports of entry from money other than North American Free Trade Agreement discretionary funds.
Added by Acts 2001, 77th Leg., ch. 1226, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter I. Funds and Expenditures › Section 201.711. Purchase of Food and Beverages for Certain Department Employees Responding to Emergencies or Disasters

Sec. 201.711.  PURCHASE OF FOOD AND BEVERAGES FOR CERTAIN DEPARTMENT EMPLOYEES RESPONDING TO EMERGENCIES OR DISASTERS.  The department, using appropriated funds, may purchase food and beverages for a department employee who is:
(1)  providing services in response to an emergency situation, an incident that endangers the health or safety of a person, or a disaster; and
(2)  unable to leave or required to remain at the employee's assignment area due to the emergency situation, incident, or disaster.
Added by Acts 2019, 86th Leg., R.S., Ch. 9 (S.B. 537), Sec. 1, eff. May 1, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter I. Funds and Expenditures › Section 201.712. Purchase of Cybersecurity Insurance

Sec. 201.712.  PURCHASE OF CYBERSECURITY INSURANCE.  (a)  In this section, "cyber attack" means an attempt to gain illegal access to a computer or computer system for the purpose of causing damage, harm, or disruption.
(b)  The department may purchase insurance coverage that the department considers necessary to protect against liability, revenue, and property losses that may result from a data breach or cyber attack.
(c)  Insurance purchased under this section may include coverage for business and dependent business interruption loss, breach response, data recovery, cyber extortion or ransomware response, fiduciary liability, media liability, professional liability, or expenses for general incident management, such as investigation, remediation, and notification.
Added by Acts 2021, 87th Leg., R.S., Ch. 129 (H.B. 3390), Sec. 1, eff. May 24, 2021.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter I. -1. Environmental Review Process › Section 201.751. Definitions

Sec. 201.751.  DEFINITIONS.  In this subchapter:
(1)  "Day" means a calendar day.
(2)  "Federal Highway Administration" means the United States Department of Transportation Federal Highway Administration.
(3)  "Highway project" means a highway or related improvement that is:
(A)  part of the state highway system; or
(B)  not part of the state highway system but funded wholly or partly by federal money.
(4)  "Local government sponsor" means a political subdivision of the state that:
(A)  elects to participate in the planning, development, design, funding, or financing of a highway project; and
(B)  is a municipality or a county, a group of adjoining counties, a county acting under Chapter 284, a regional tollway authority operating under Chapter 366, a regional mobility authority operating under Chapter 370, a local government corporation, or a transportation corporation created under Chapter 431.
Added by Acts 2011, 82nd Leg., R.S., Ch. 943 (H.B. 630), Sec. 2(a), eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1060 (S.B. 548), Sec. 2(a), eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 21(a), eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter I. -1. Environmental Review Process › Section 201.752. Standards

Sec. 201.752.  STANDARDS.  (a)  The commission by rule shall establish standards for processing an environmental review document for a highway project.  The standards must increase efficiency, minimize delays, and encourage collaboration and cooperation by the department with a local government sponsor, with a goal of prompt approval of legally sufficient documents.
(b)  The standards apply regardless of whether the environmental review document is prepared by the department or a local government sponsor.  The standards apply to work performed by the sponsor and to the department's review process and environmental decision.
(c)  The standards must address, for each type of environmental review document:
(1)  the issues and subject matter to be included in the project scope prepared under Section 201.754;
(2)  the required content of a draft environmental review document;
(3)  the process to be followed in considering each type of environmental review document; and
(4)  review deadlines, including the deadlines in Section 201.759.
(d)  The standards must include a process for resolving disputes arising under this subchapter, provided that the dispute resolution process must be concluded not later than the 60th day after the date either party requests dispute resolution.
(e)  For highway projects described in Section 201.753(a), the standards may provide a process and criteria for the prioritization of environmental review documents in the event the department makes a finding that it lacks adequate resources to timely process all documents it receives.  Standards established pursuant to this subsection must provide for notification to a local government sponsor if processing of an environmental review document is to be delayed due to prioritization, and must ensure that the environmental review document for each highway project will be completed no later than one year prior to the date planned for publishing notice to let the construction contract for the project, as indicated in a document identifying the project under Section 201.753(a)(1) or a commission order under Section 201.753(a)(2).
Added by Acts 2011, 82nd Leg., R.S., Ch. 943 (H.B. 630), Sec. 2(a), eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1060 (S.B. 548), Sec. 2(a), eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 21(a), eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter I. -1. Environmental Review Process › Section 201.753. Environmental Review Limited to Certain Projects

Sec. 201.753.  ENVIRONMENTAL REVIEW LIMITED TO CERTAIN PROJECTS.  (a)  A local government sponsor or the department may prepare an environmental review document for a highway project only if the highway project is:
(1)  identified in the financially constrained portion of the approved state transportation improvement program or the financially constrained portion of the approved unified transportation program; or
(2)  identified by the commission as being eligible for participation under this subchapter.
(b)  Notwithstanding Subsection (a), a local government sponsor may prepare an environmental review document for a highway project that is not identified by the commission or in a program described by Subsection (a) if the sponsor submits with its notice under Section 201.755 a fee in an amount established by commission rule, but not to exceed the actual cost of reviewing the environmental review document.
(c)  A fee received by the department under Subsection (b) must be deposited in the state highway fund and used to pay costs incurred under this subchapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 943 (H.B. 630), Sec. 2(a), eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1060 (S.B. 548), Sec. 2(a), eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 21(a), eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter I. -1. Environmental Review Process › Section 201.754. Scope of Project

Sec. 201.754.  SCOPE OF PROJECT.  If an environmental review document is prepared by a local government sponsor, the local government sponsor must prepare a detailed scope of the project in collaboration with the department before the department may process the environmental review document.
Added by Acts 2011, 82nd Leg., R.S., Ch. 943 (H.B. 630), Sec. 2(a), eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1060 (S.B. 548), Sec. 2(a), eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 21(a), eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter I. -1. Environmental Review Process › Section 201.755. Notice to Department

Sec. 201.755.  NOTICE TO DEPARTMENT.  (a)  A local government sponsor may submit notice to the department proposing that the local government sponsor prepare the environmental review document for a highway project.
(b)  The notice must include:
(1)  the project scope prepared under Section 201.754; and
(2)  a request for classification of the project.
Added by Acts 2011, 82nd Leg., R.S., Ch. 943 (H.B. 630), Sec. 2(a), eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1060 (S.B. 548), Sec. 2(a), eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 21(a), eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter I. -1. Environmental Review Process › Section 201.756. Local Government Sponsor Responsibilities

Sec. 201.756.  LOCAL GOVERNMENT SPONSOR RESPONSIBILITIES.  A local government sponsor that submits notice under Section 201.755 is responsible for preparing all materials for:
(1)  project scope determination;
(2)  environmental reports;
(3)  the environmental review document;
(4)  environmental permits and conditions;
(5)  coordination with resource agencies; and
(6)  public participation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 943 (H.B. 630), Sec. 2(a), eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1060 (S.B. 548), Sec. 2(a), eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 21(a), eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter I. -1. Environmental Review Process › Section 201.757. Determination of Administratively Complete Environmental Review Document

Sec. 201.757.  DETERMINATION OF ADMINISTRATIVELY COMPLETE ENVIRONMENTAL REVIEW DOCUMENT.  (a)  A local government sponsor's submission of an environmental review document must include a statement from the local government sponsor that the document is administratively complete, ready for technical review, and compliant with all applicable requirements.
(b)  Not later than the 20th day after the date the department receives a local government sponsor's environmental review document, the department shall either:
(1)  issue a letter confirming that the document is administratively complete and ready for technical review; or
(2)  decline to issue a letter confirming that the document is administratively complete and ready for technical review, in accordance with Section 201.758.
Added by Acts 2011, 82nd Leg., R.S., Ch. 943 (H.B. 630), Sec. 2(a), eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1060 (S.B. 548), Sec. 2(a), eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 21(a), eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter I. -1. Environmental Review Process › Section 201.758. Department Declines to Confirm That Document Is Administratively Complete

Sec. 201.758.  DEPARTMENT DECLINES TO CONFIRM THAT DOCUMENT IS ADMINISTRATIVELY COMPLETE.  (a)  The department may decline to issue a letter confirming that an environmental review document is administratively complete and ready for technical review only if the department sends a written response to the local government sponsor specifying in reasonable detail the basis for its conclusions, including a listing of any required information determined by the department to be missing from the document.
(b)  If the department provides notice under Subsection (a), the department shall undertake all reasonable efforts to cooperate with the local government sponsor in a timely manner to ensure that the environmental review document is administratively complete.
(c)  The local government sponsor may resubmit any environmental review document determined by the department under Section 201.757 not to be administratively complete, and the department shall issue a determination letter on the resubmitted document not later than the 20th day after the date the document is resubmitted.
Added by Acts 2011, 82nd Leg., R.S., Ch. 943 (H.B. 630), Sec. 2(a), eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1060 (S.B. 548), Sec. 2(a), eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 21(a), eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter I. -1. Environmental Review Process › Section 201.759. Review Deadlines

Sec. 201.759.  REVIEW DEADLINES.  (a)  The following deadlines must be included in the standards adopted under Section 201.752:
(1)  the department shall issue a classification letter not later than the 30th day after the date the department receives notice from a local government sponsor under Section 201.755;
(2)  for a project classified as a programmatic categorical exclusion, the environmental decision must be rendered not later than the 60th day after the date the supporting documentation is received by the department;
(3)  for a project classified as a categorical exclusion, the environmental decision must be rendered not later than the 90th day after the date the supporting documentation is received by the department;
(4)  for a project that requires the preparation of an environmental assessment:
(A)  the department must provide all department comments on a draft environmental assessment not later than the 90th day after the date the draft is received by the department; and
(B)  the department must render the environmental decision on the project not later than the 60th day after the later of:
(i)  the date the revised environmental assessment is submitted to the department; or
(ii)  the date the public involvement process concludes;
(5)  the department must render the environmental decision on any reevaluation not later than the 120th day after the date the supporting documentation is received by the department; and
(6)  for a project that requires the preparation of an environmental impact statement, the department shall render the environmental decision not later than the 120th day after the date the draft final environmental impact statement is submitted.
(b)  Review deadlines under this section specify the date by which the department will render the environmental decision on a project or the time frames by which the department will make a recommendation to the Federal Highway Administration, as applicable.
(c)  A deadline that falls on a weekend or official state holiday is considered to occur on the next business day.
Added by Acts 2011, 82nd Leg., R.S., Ch. 943 (H.B. 630), Sec. 2(a), eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1060 (S.B. 548), Sec. 2(a), eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 21(a), eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter I. -1. Environmental Review Process › Section 201.760. Suspension of Time Periods

Sec. 201.760.  SUSPENSION OF TIME PERIODS.  The computation of review deadlines under Section 201.759 does not begin until an environmental review document is determined to be administratively complete, and is suspended during any period in which:
(1)  the document that is the subject of the review is being revised by or on behalf of the local government sponsor in response to department comments;
(2)  the highway project is the subject of additional work, including a change in design of the project, and during the identification and resolution of new significant issues; or
(3)  the local government sponsor is preparing a response to any issue raised by legal counsel for the department concerning compliance with applicable law.
Added by Acts 2011, 82nd Leg., R.S., Ch. 943 (H.B. 630), Sec. 2(a), eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1060 (S.B. 548), Sec. 2(a), eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 21(a), eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter I. -1. Environmental Review Process › Section 201.761. Agreement Between Local Government Sponsor and Department

Sec. 201.761.  AGREEMENT BETWEEN LOCAL GOVERNMENT SPONSOR AND DEPARTMENT.  Notwithstanding any provision of this subchapter or any other law, a local government sponsor and the department may enter into an agreement that defines the relative roles and responsibilities of the parties in the preparation and review of environmental review documents for a specific project.  For a project for which an environmental decision requires the approval of the Federal Highway Administration and to the extent otherwise permitted by law, the Federal Highway Administration may also be a party to an agreement between a local government sponsor and the department under this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 943 (H.B. 630), Sec. 2(a), eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1060 (S.B. 548), Sec. 2(a), eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 21(a), eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter I. -1. Environmental Review Process › Section 201.762. Reports to Commission and Legislature

Sec. 201.762.  REPORTS TO COMMISSION AND LEGISLATURE.  (a)  Not later than June 30 and December 31 of each year, the department shall submit a report to the commission at a regularly scheduled commission meeting identifying projects being processed under the procedures of this subchapter and the status of each project, including:
(1)  how the project was classified for environmental review;
(2)  the current status of the environmental review;
(3)  the date on which the department is required to make an environmental decision under applicable deadlines;
(4)  an explanation of any delays; and
(5)  any deadline under Section 201.759 missed by the department.
(b)  Not later than December 1 of each year, the department shall submit a report to the members of the standing legislative committees with primary jurisdiction over matters related to transportation regarding the implementation of this subchapter, including a status report for the preceding 12-month period that contains the information described in Subsection (a).
(c)  The department shall post copies of the reports required under this section on its Internet website and shall provide a copy of the report required by Subsection (b) to each member of the legislature who has at least one project covered by the report in the member's district.
(d)  The department shall make available on its Internet website and update regularly the status of projects being processed under this subchapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 943 (H.B. 630), Sec. 2(a), eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1060 (S.B. 548), Sec. 2(a), eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 21(a), eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter J. Information Furnished by Department › Section 201.801. Complaints

Sec. 201.801.  COMPLAINTS.  (a)  The department shall maintain a system to promptly and efficiently act on complaints filed with the department.  The department shall maintain information about the parties to and the subject matter of a complaint and a summary of the results of the review or investigation of the complaint and the disposition of the complaint.
(b)  The department shall make information available describing its procedures for complaint investigation and resolution.
(c)   The department shall periodically notify the parties to the complaint of its status until final disposition unless the notice would jeopardize an undercover investigation.
(d)  The commission shall adopt rules applicable to each division and district to establish a process to act on complaints filed with the department.
(e)  The department shall develop a standard form for submitting a complaint and make the form available on its Internet website.  The department shall establish a method to submit complaints electronically.
(f)  The department shall develop a method for analyzing the sources and types of complaints and violations and establish categories for the complaints and violations.  The department shall use the analysis to focus its information and education efforts on specific problem areas identified through the analysis.
(g)  The department shall:
(1)  compile:
(A)  detailed statistics and analyze trends on complaint information, including:
(i)  the nature of the complaints;
(ii)  their disposition; and
(iii)  the length of time to resolve complaints;
(B)  complaint information on a district and a divisional basis; and
(C)  the number of similar complaints filed, and the number of persons who filed each complaint; and
(2)  report the information on a monthly basis to the division directors, office directors, and district engineers and on a quarterly basis to the commission.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 1.12, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 22(a), eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter J. Information Furnished by Department › Section 201.802. Public Access to Commission and to Department Programs

Sec. 201.802.  PUBLIC ACCESS TO COMMISSION AND TO DEPARTMENT PROGRAMS.  (a)  The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and speak on any issue under the jurisdiction of the department.
(b)  The director shall prepare and maintain a written plan that describes the manner in which a person who does not speak English or who has a physical, mental, or developmental disability is provided reasonable access to the department's programs.
(c)  The department shall comply with each applicable law of the United States or this state that relates to program or facility accessibility.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 1.13, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 23, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter J. Information Furnished by Department › Section 201.803. Information for Road Construction and Maintenance

Sec. 201.803.  INFORMATION FOR ROAD CONSTRUCTION AND MAINTENANCE.  (a)  The department shall collect information and compile statistics about the mileage, character, and condition of public roads in each county and the cost of construction of the classes of roads in the county.
(b)  The department shall investigate and determine the methods of road construction best adapted to different sections of the state.
(c)  The department shall establish standards for the construction and maintenance of highways, bridges, and ferries, considering natural conditions and the character and adaptability of road building material in the counties of the state.
(d)  The department may be consulted, at all reasonable times, by county and municipal officials for any information or assistance the department can give concerning the highways in the county or municipality.  The department shall provide the requested information.
(e)  The department may request from county and municipal officials any information necessary for the performance of the department's duties under this section.
(f)  Before any proceeds from the sale of bonds or other legal obligations issued by a county or a subdivision or defined district of a county are spent for road construction by the commissioners court of the county or under its direction, the commissioners court shall obtain from the department information and advice on the general plans and specifications for the road construction to be undertaken.  On request of a county commissioners court, the department shall consider and advise the commissioners court on those plans and specifications.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.