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 O. Rail Relocation and Improvement › Section 201.976. Investment and Uses of Money in Fund

Sec. 201.976.  INVESTMENT AND USES OF MONEY IN FUND.  (a)  Money in the fund may be invested in the investments permitted by law for the investment of money on deposit in the state highway fund.
(b)  As a part of its covenants and commitments made in connection with the issuance of obligations and the execution of credit agreements, the commission may limit the types of investments eligible for investment of money in the fund but may not expand the types of investments to include any investments that are not authorized by Subsection (a).
(c)  Income received from the investment of money in the fund shall be deposited in the fund, subject to requirements that may be imposed by the proceedings authorizing obligations to protect the tax-exempt status of interest payable on the obligations under the Internal Revenue Code of 1986.
(d)  To the extent money is on deposit in the fund in amounts that are in excess of the money required by the proceedings authorizing the obligations and credit agreements to be retained on deposit, the commission may use the money for any purpose for which obligations may be issued under this subchapter.
Added by Acts 2005, 79th Leg., Ch. 1070 (H.B. 1546), Sec. 1, eff. November 8, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter O. Rail Relocation and Improvement › Section 201.977. Strategic Plan

Sec. 201.977.  STRATEGIC PLAN.  The commission may not issue obligations under this subchapter before the department has developed a strategic plan that outlines how the money will be used and the benefit the state will derive from use of money in the fund.
Added by Acts 2005, 79th Leg., Ch. 1070 (H.B. 1546), Sec. 1, eff. November 8, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter O. Rail Relocation and Improvement › Section 201.978. Acquisition and Disposal of Property

Sec. 201.978.  ACQUISITION AND DISPOSAL OF PROPERTY.  (a)  The department may acquire by purchase property or an interest in property necessary or convenient for one or more of the purposes for which obligations may be issued under Section 201.973(d).
(b)  Property acquired under Subsection (a) may be used for any transportation purpose.
(c)  Notwithstanding Chapter 202, the department may sell or lease property acquired under Subsection (a) that is no longer needed for a transportation purpose.  Revenue from a sale or lease shall be deposited in the fund.
Added by Acts 2005, 79th Leg., Ch. 1070 (H.B. 1546), Sec. 1, eff. November 8, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter O. Rail Relocation and Improvement › Section 201.979. "Welcome to Texas" Signs

Sec. 201.979.  "WELCOME TO TEXAS" SIGNS.  (a)  The department shall erect a "Welcome to Texas" sign to designate the state boundary on an interstate, United States, or state highway entering the state.
(b)  A "Welcome to Texas" sign erected by the department must include the following elements:
(1)  a depiction of the state flag; and
(2)  the phrase "Drive Friendly - The Texas Way."
(c)  A "Welcome to Texas" sign may also include the phrase "Welcome to Texas - Proud Home of Presidents Lyndon B. Johnson, George H.W. Bush, and George W. Bush."
(d)  Notwithstanding Subsection (c) above, if the president of the United States is a resident of Texas, a "Welcome to Texas" sign erected by the department shall include the phrase "Welcome to Texas - Proud Home of President [insert name of the president of the United States]."
Added by Acts 2009, 81st Leg., R.S., Ch. 1041 (H.B. 4465), Sec. 2, eff. September 1, 2010.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter O. Rail Relocation and Improvement › Section 201.980. Texas Flags at International Ports-of-Entry

Sec. 201.980.  TEXAS FLAGS AT INTERNATIONAL PORTS-OF-ENTRY.  (a)  The department shall erect and maintain a Texas flag to designate the state boundary at an appropriate location at or near each interstate, United States, or state highway originating at an official port-of-entry along an international border.
(b)  A Texas flag flown under this section shall be visible from the international port-of-entry and must be equal in size or larger than the flag of any foreign nation flown at the port-of-entry operating on the other side of the international border.
(c)  The department may contract with any governmental or private entity for the care and maintenance of any Texas flag flown under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 1041 (H.B. 4465), Sec. 3, eff. September 1, 2010.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter P. Unified Transportation Program › Section 201.9901. Definitions

Sec. 201.9901.  DEFINITIONS.  In this subchapter:
(1)  "Planning organization" means:
(A)  a metropolitan planning organization; or
(B)  for an area that is not within the boundaries of a metropolitan planning organization, the department district that serves the area.
(2)  "Project" means a connectivity or new capacity roadway project in the region of a planning organization.  The term does not include a safety project, bridge project, federal discretionary project, maintenance project, or preservation project.
(3)  "Region" means the area for which a planning organization develops plans under this subchapter.
(4)  "Transportation official" means an official in a political subdivision who has responsibility for planning and implementation of transportation projects.
Added by Acts 2015, 84th Leg., R.S., Ch. 314 (H.B. 20), Sec. 2, eff. June 3, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter P. Unified Transportation Program › Section 201.991. Unified Transportation Program

Sec. 201.991.  UNIFIED TRANSPORTATION PROGRAM.  (a)  The department shall develop a unified transportation program covering a period of 10 years to guide the development of and authorize construction of transportation projects.  The program must:
(1)  annually identify target funding levels; and
(2)  list all projects that the department intends to develop or begin construction of during the program period.
(b)  The commission shall adopt rules that:
(1)  specify the criteria for selecting projects to be included in the program;
(2)  define program funding categories, including categories for safety, maintenance, and mobility; and
(3)  define each phase of a major transportation project, including the planning, programming, implementation, and construction phases.
(b-1)  The commission by rule shall:
(1)  adopt a policy comprehensively explaining the department's approach to public involvement and transparency related to the unified transportation program; and
(2)  require the department to, at a minimum, make a report on any change to the unified transportation program available on the department's Internet website and provide the report to the commission in a public meeting, regardless of any rules adopted for public hearings and approvals.
(c)  The department shall publish the entire unified transportation program and summary documents highlighting project benchmarks, priorities, and forecasts in appropriate media and on the department's Internet website in a format that is easily understandable by the public.
(d)  In developing the rules required by Subsection (b), the commission shall collaborate with local transportation entities.
(e)  In developing the policy required by Subsection (b-1)(1), the commission shall collaborate with stakeholders.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 25, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 14, 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 P. Unified Transportation Program › Section 201.9911. Planning Organization 10-Year Plan

Sec. 201.9911.  PLANNING ORGANIZATION 10-YEAR PLAN.  (a)  Each planning organization shall develop a 10-year transportation plan for the use of the funding allocated to the region.  The department shall assist the planning organizations by providing in a timely manner such information as is reasonably requested by the planning organizations.
(b)  The first four years of the plan shall be developed to meet the transportation improvement plan requirements of 23 U.S.C. Section 134 or 135, as applicable.
(c)  For an area that is not within the boundaries of a metropolitan planning organization, the department district shall develop the 10-year transportation plan with input from municipal and county elected officials and transportation officials in the region.
Added by Acts 2015, 84th Leg., R.S., Ch. 314 (H.B. 20), Sec. 3, eff. June 3, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter P. Unified Transportation Program › Section 201.992. Annual Update to Unified Transportation Program

Sec. 201.992.  ANNUAL UPDATE TO UNIFIED TRANSPORTATION PROGRAM.  (a)  The department shall annually update the unified transportation program.
(b)  The annual update must include:
(1)  the annual funding forecast required by Section 201.993;
(2)  the list of major transportation projects required by Section 201.994(b);
(3)  the category to which the project has been assigned and the priority of the project in the category under Section 201.995; and
(4)  the analysis required by Section 201.808(i).
(c)  The department shall collaborate with local transportation entities to develop the annual update to the unified transportation program.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 25, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 15, 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 P. Unified Transportation Program › Section 201.993. Annual Funding and Cash Flow Forecasts

Sec. 201.993.  ANNUAL FUNDING AND CASH FLOW FORECASTS.  (a)  The department annually shall:
(1)  develop and publish on the department's Internet website a forecast of all funds the department expects to receive, including funds from this state and the federal government; and
(2)  use that forecast to guide planning for the unified transportation program.
(b)  The department shall collaborate with local transportation entities to develop scenarios for the forecast required by Subsection (a) based on mutually acceptable funding assumptions.
(c)  Not later than September 1 of each year, the department shall prepare and publish on the department's Internet website a cash flow forecast for a period of 20 years.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 25, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 16, 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 P. Unified Transportation Program › Section 201.9932. Project Recommendation Criteria

Sec. 201.9932.  PROJECT RECOMMENDATION CRITERIA.  Each planning organization shall develop its own project recommendation criteria, which must include consideration of:
(1)  projected improvements to congestion and safety;
(2)  projected effects on economic development opportunities for residents of the region;
(3)  available funding;
(4)  effects on the environment, including air quality;
(5)  socioeconomic effects, including disproportionately high and adverse health or environmental effects on minority or low-income neighborhoods; and
(6)  any other factors deemed appropriate by the planning organization.
Added by Acts 2015, 84th Leg., R.S., Ch. 314 (H.B. 20), Sec. 4, eff. June 3, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter P. Unified Transportation Program › Section 201.994. Major Transportation Projects

Sec. 201.994.  MAJOR TRANSPORTATION PROJECTS.  (a)  The commission by rule shall:
(1)  establish criteria for designating a project as a major transportation project;
(2)  develop benchmarks for evaluating the progress of a major transportation project and timelines for implementation and construction of a major transportation project; and
(3)  determine which critical benchmarks must be met before a major transportation project may enter the implementation phase of the unified transportation program.
(b)  The department annually shall update the list of projects that are designated as major transportation projects.
(c)  In adopting rules required by this section, the commission shall collaborate with local transportation entities.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 25, 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 P. Unified Transportation Program › Section 201.995. Priority Projects in Program Categories

Sec. 201.995.  PRIORITY PROJECTS IN PROGRAM CATEGORIES.  (a)  The commission by rule shall:
(1)  establish categories in the unified transportation program;
(2)  assign each project identified in the program to a category; and
(3)  designate the priority ranking of each project within each category.
(b)  The department shall collaborate with local transportation entities when assigning each project included in the unified transportation program to a category established under Subsection (a).
(c)  The highest priority projects within an applicable category of the unified transportation program must be projects designated as major transportation projects.
(d)  In prioritizing and approving projects under Section 201.9991 that are included in the unified transportation program, the commission must first evaluate projects on strategic need and potential contribution toward meeting the transportation goals established under Section 201.601(a-1)(1).  After conducting that initial evaluation, the commission may conduct a secondary evaluation based on other factors such as funding availability and project readiness.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 25, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 17, 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 P. Unified Transportation Program › Section 201.996. Funding Allocation

Sec. 201.996.  FUNDING ALLOCATION.  (a)  For each funding category established under Section 201.991(b)(2), the commission by rule shall specify the formulas for allocating funds to districts and metropolitan planning organizations for:
(1)  preventive maintenance and rehabilitation of the state highway system in all districts;
(2)  mobility and added capacity projects in metropolitan and urban areas;
(3)  mobility and added capacity projects on major state highways that provide statewide connectivity between urban areas and highway system corridors;
(4)  congestion mitigation and air quality improvement projects in nonattainment areas;
(5)  metropolitan mobility and added capacity projects within the boundaries of designated metropolitan planning areas of metropolitan planning organizations located in a transportation management area;
(6)  transportation enhancements project funding; and
(7)  projects eligible for federal or state funding, as determined by the applicable district engineer.
(b)  Subject to applicable state and federal law, the commission shall determine the allocation of funds in all of the other categories established under Section 201.991(b)(2), including a category for projects of specific importance to the state, including projects that:
(1)  promote economic opportunity;
(2)  increase efficiency on military deployment routes or that retain military assets; and
(3)  maintain the ability of appropriate entities to respond to emergencies.
(c)  The commission shall update the formulas established under this section at least every four years.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 25, 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 P. Unified Transportation Program › Section 201.997. Fund Distribution

Sec. 201.997.  FUND DISTRIBUTION.  (a)  The department shall allocate funds to the department districts based on the formulas adopted under Section 201.996.
(b)  In distributing funds to department districts, the department may not exceed the cash flow forecast prepared and published under Section 201.993(c).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 25, 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 P. Unified Transportation Program › Section 201.998. District Project Portfolios

Sec. 201.998.  DISTRICT PROJECT PORTFOLIOS.  (a)  Each department district shall develop a consistently formatted project portfolio based on the unified transportation program covering a period of at least four years that contains all projects that the district proposes to implement during that period.
(b)  The department shall develop comprehensive performance measures for key steps in the project development process for projects included in each district's project portfolio.  The department shall use the performance measures developed under this subsection to track and report whether each district is:
(1)  developing an appropriate mix of projects; and
(2)  on track to meet letting targets that are consistent with applicable department policy governing when a project should be bid on for a contract awarded by the department.
(c)  The department shall conduct a review of project development activities in each district's project portfolio on a regular basis and use the review to monitor and evaluate the performance of each district.
(d)  In conducting the review required by Subsection (c), the department shall, when appropriate, seek input from key stakeholders such as local government project sponsors or metropolitan planning organizations.
(e)  The commission shall adopt rules as necessary to administer this section.
(f)  The commission shall adopt and regularly update rules:
(1)  governing the overall planning, review, and monitoring process created by this section;
(2)  specifying how planning and project stakeholders can become involved in the process described by Subdivision (1); and
(3)  requiring the department to regularly report results under this section to the commission and the public and specifying the method for reporting those results.
(g)  The commission shall consult a stakeholder group before adopting or updating rules under Subsection (f).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 25, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 18, 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 P. Unified Transportation Program › Section 201.9991. Prioritization and Approval of Projects by Commission

Sec. 201.9991.  PRIORITIZATION AND APPROVAL OF PROJECTS BY COMMISSION.  (a)  The commission by rule shall prioritize and approve projects included in the statewide transportation plan under Section 201.601 or in the unified transportation program under Section 201.991 in order to provide financial assistance under this chapter.
(b)  The commission by rule shall establish a performance-based process for setting funding levels for the categories of projects in the department's unified transportation program.
(c)  The commission by rule shall establish a scoring system for prioritizing projects for which financial assistance is sought from the commission by planning organizations. The criteria used to score projects must take into consideration the department's strategic goals as approved by the commission in accordance with the requirements of 23 U.S.C. Section 134 or 135, as applicable. The system must account for the diverse needs of the state so as to fairly allocate funding to all regions of the state.
(d)  The commission may make discretionary funding decisions for no more than 10 percent of the current biennial budget of the department.
Added by Acts 2015, 84th Leg., R.S., Ch. 314 (H.B. 20), Sec. 4, eff. June 3, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 19, 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 P. Unified Transportation Program › Section 201.9992. Roles and Responsibilities of Department and Metropolitan Planning Organizations

Sec. 201.9992.  ROLES AND RESPONSIBILITIES OF DEPARTMENT AND METROPOLITAN PLANNING ORGANIZATIONS.  (a)  The commission shall adopt rules governing:
(1)  the alignment of the department's state and federal funding forecasts, including the annual funding forecast required by Section 201.993, with the funding forecasts of metropolitan planning organizations, including:
(A)  the funding forecasts used for long-term planning as described in Sections 201.620 and 472.035; and
(B)  the 10-year transportation plan required by Section 201.9911;
(2)  the alignment of the statewide project recommendation criteria developed by the department with the project recommendation criteria developed by metropolitan planning organizations that relate to statewide transportation goals, particularly for major mobility projects using a mix of several funding sources and selected by different entities;
(3)  the department's timelines and review process for the 10-year transportation plans required by Section 201.9911;
(4)  the department's process for allowing metropolitan planning organizations direct access to the department's information systems, software, and technical assistance for the purpose of accomplishing statewide transportation goals; and
(5)  the department's process for collaborating with metropolitan planning organizations to regularly evaluate the availability, consistency, and quality of data and other information needed to fully develop a more performance-based transportation planning and project selection system.
(b)  A rule adopted under Subsection (a)(3) must take into consideration a metropolitan planning organization's other deadlines and requirements in federal law.
(c)  The commission shall consult a stakeholder group before developing the rules required by Subsection (a).
Added by Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 20, 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 Y. Department Building Names › Section 201.2001. Honorable Hilary B

Sec. 201.2001.  HONORABLE HILARY B. DORAN TRANSPORTATION BUILDING.  The building in which, on June 1, 2009, is located the office of the area engineer for Val Verde County is designated as the Honorable Hilary B. Doran Transportation Building.
Added by Acts 2009, 81st Leg., R.S., Ch. 1023 (H.B. 4311), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter Y. Department Building Names › Section 201.2002. Edmund P

Sec. 201.2002.  EDMUND P. KUEMPEL REST AREAS.  (a)  The eastbound and westbound rest areas located on Interstate Highway 10 in Guadalupe County are designated as the Edmund P. Kuempel Rest Areas.
(b)  The department shall design and construct markers at each rest area described by Subsection (a) indicating the designation of those rest areas as the Edmund P. Kuempel Rest Areas and any other appropriate information.
(c)  The department shall erect markers at appropriate locations at the rest areas.
(d)  Notwithstanding Subsections (b) and (c), the department is not required to design, construct, or erect a marker under this section unless a grant or donation of private funds is made to the department to cover the cost of the design, construction, and erection of the marker.
(e)  Money received under Subsection (d) shall be deposited to the credit of the state highway fund.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 9, 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 Y. Department Building Names › Section 201.2003. Nelda Laney Safety Rest Areas

Sec. 201.2003.  NELDA LANEY SAFETY REST AREAS.  (a)  The northbound and southbound rest areas located on Interstate Highway 27 in Hale County are designated as the Nelda Laney Safety Rest Areas.
(b)  The department shall design and construct markers at each rest area described by Subsection (a) indicating the designation of those rest areas as the Nelda Laney Safety Rest Areas and any other appropriate information.
(c)  The department shall erect markers at appropriate locations at the rest areas.
(d)  Notwithstanding Subsections (b) and (c), the department is not required to design, construct, or erect a marker under this section unless a grant or donation of private funds is made to the department to cover the cost of the design, construction, and erection of the marker.
(e)  Money received under Subsection (d) shall be deposited to the credit of the state highway fund.
Added by Acts 2017, 85th Leg., R.S., Ch. 1033 (H.B. 1691), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 202 - Control of Transportation Assets › Subchapter A. General Provisions › Section 202.001. Administration

Sec. 202.001.  ADMINISTRATION.  (a)  The commission may maintain state highways.
(b)  A county is:
(1)  not liable for expenses associated with the maintenance of a state highway;  and
(2)  not responsible for the supervision of a state highway.
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 202 - Control of Transportation Assets › Subchapter A. General Provisions › Section 202.002. Funds

Sec. 202.002.  FUNDS.  (a)  The commission shall use automobile registration fees in the state highway fund to maintain state highways and may not divert funds from automobile registration fees for another use.
(b)  Notwithstanding Subsection (a), if the commission is without sufficient funds from other sources to match the federal aid for roads in the state, the commission may by resolution transfer a sufficient amount from the state highway fund to match the federal aid.
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 202 - Control of Transportation Assets › Subchapter B. Sale, Exchange, or Return of Highway Property › Section 202.022. Notice of Sale

Sec. 202.022.  NOTICE OF SALE.  Notice of a sale to the general public must be published in the English language:
(1)  once a week for three consecutive weeks, with the final publication occurring not later than the 20th day before the date of the sale;  and
(2)  in a newspaper in the county where the property is located.
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 202 - Control of Transportation Assets › Subchapter B. Sale, Exchange, or Return of Highway Property › Section 202.023. Sale of Real Property by Bid

Sec. 202.023.  SALE OF REAL PROPERTY BY BID.  (a)  A sale to the general public of an interest in real property under this subchapter is by sealed bid and may not be for less than the value determined by the commission under Section 202.021.
(b)  The commission may require that each bidder pay to the commission a bid deposit in an amount and form determined by the commission.
(c)  The commission shall apply the bid deposit to the purchase price of the property for the bid accepted by the commission.
(d)  If for any reason the bidder fails to complete the purchase before the 61st day after the date on which the bidder receives written notice that the state is ready to complete the sale, the bid deposit is forfeited.
(e)  The state shall refund the bid deposit if the state is unable to complete the sale.
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 202 - Control of Transportation Assets › Subchapter B. Sale, Exchange, or Return of Highway Property › Section 202.024. Exchange of Real Property

Sec. 202.024.  EXCHANGE OF REAL PROPERTY.  The governor, on the recommendation of the commission, may execute a deed exchanging an interest in real property acquired but not needed for a highway purpose as whole or partial consideration for another interest in real property needed for a state highway purpose.
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 202 - Control of Transportation Assets › Subchapter B. Sale, Exchange, or Return of Highway Property › Section 202.025. Execution of Deed: Method

Sec. 202.025.  EXECUTION OF DEED:  METHOD.  The governor, on the recommendation of the commission, may execute a deed relinquishing and conveying under this subchapter the state's interest in real property as follows:
(1)  if the state's title was acquired by donation, convey to the grantor or the grantor's heirs or assigns;
(2)  if the state's title was acquired by purchase by a county or municipality, convey to the county or municipality, or to the grantor or the grantor's heirs or assigns at the request of the county or municipality;
(3)  if the interest conveyed to the state is only the right to use the property, convey to the owner of the fee in the property;
(4)  if the interest in the property was acquired and held by a county or municipality in its own name for use by the state, quitclaim to the county or municipality any interest that might have accrued to the state by use of the property;
(5)  if there is no record title to the property, quitclaim any interest that might have accrued to the state by use of the property to the county or municipality where the property is located or to abutting property owners at the request of the county or municipality;  or
(6)  if necessary to comply with a reversionary clause contained in the instrument that originally conveyed the interest to the state, quitclaim the state's interest.
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 202 - Control of Transportation Assets › Subchapter B. Sale, Exchange, or Return of Highway Property › Section 202.026. Reconveyance of Property Acquired for Freeway

Sec. 202.026.  RECONVEYANCE OF PROPERTY ACQUIRED FOR FREEWAY.  (a)  The governor, on recommendation of the commission, may execute a deed reconveying the property to the grantor or the grantor's heirs or assigns, if, not later than 12 months after the date the property is acquired for use as an approach-way to an urban freeway, the commission determines that the property is not needed for a highway purpose because of relocation of the approach-way.
(b)  The sale price for the property must be the same as the purchase price paid by or for the state plus six percent annual interest from the date the original purchase price was paid.
(c)  When the commission determines that the property is not needed for a highway purpose, it shall send written notice to the grantor, at the grantor's address at the time of acquisition.
(d)  Not later than the second anniversary of the date the notice is mailed, the grantor or the grantor's heirs or assigns may request in writing that the state reconvey the property to them.
(e)  If the commission does not receive a request to reconvey the property before the expiration of the period, the commission may dispose of the property at a public sale.
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 202 - Control of Transportation Assets › Subchapter B. Sale, Exchange, or Return of Highway Property › Section 202.027. Reimbursement to County or Municipality

Sec. 202.027.  REIMBURSEMENT TO COUNTY OR MUNICIPALITY.  (a)  If real property owned by the state and sold under this subchapter was acquired by a county or municipality and if a part of that acquisition cost was reimbursed to the county or municipality by the state, the department may pay the county or municipality a percentage of the proceeds of the sale that is equal to the percentage of the value or cost not reimbursed to the county or municipality at the time of the initial acquisition.
(b)  Reimbursement under this section applies only to real property that the commission determines was never used for the purpose for which it was acquired.
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 202 - Control of Transportation Assets › Subchapter B. Sale, Exchange, or Return of Highway Property › Section 202.028. Correction of Error or Ambiguity in Instrument

Sec. 202.028.  CORRECTION OF ERROR OR AMBIGUITY IN INSTRUMENT.  (a)  The governor, on the recommendation of the commission, shall execute and deliver a quitclaim deed, correction deed, or other conveyance necessary to resolve an ambiguity or error in an instrument that conveyed an interest in real property to the state for a highway right-of-way.
(b)  The ambiguity or error may be for any reason, including a metes and bounds description that is incomplete or incorrect.
(c)  The ambiguity or error must be of sufficient consequence to raise doubt as to the location or extent of the interest conveyed, or must have resulted in the acquisition of real property or an interest in real property not intended to be included and not needed for a highway purpose.
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 202 - Control of Transportation Assets › Subchapter B. Sale, Exchange, or Return of Highway Property › Section 202.029. Rights of Public Utility or Common Carrier

Sec. 202.029.  RIGHTS OF PUBLIC UTILITY OR COMMON CARRIER.  Under this subchapter, if the state sells, conveys, or surrenders possession of real property that is being used by a public utility or common carrier having a right of eminent domain for right-of-way and easement purposes, the sale, conveyance, or surrender of possession of the real property is subject to the right and continued use of the public utility or common carrier.
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 202 - Control of Transportation Assets › Subchapter B. Sale, Exchange, or Return of Highway Property › Section 202.030. Approval of Transfers

Sec. 202.030.  APPROVAL OF TRANSFERS.  (a)  The attorney general must approve a transfer or conveyance that is made under this subchapter if the value of the real property transferred or conveyed is $100,000 or more.
(b)  The state's right to full and exclusive right of possession of all retained rights-of-way may not be infringed or lessened in any way by a transfer or conveyance made under this subchapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 668, Sec. 3, eff. June 20, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 260 (S.B. 1869), Sec. 2, eff. May 27, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 202 - Control of Transportation Assets › Subchapter B. Sale, Exchange, or Return of Highway Property › Section 202.031. Expenses

Sec. 202.031.  EXPENSES.  (a)  The person requesting the sale of an interest in property or the grantee in a deed issued under this subchapter shall pay expenses incurred by the department, including handling, appraising, or advertising the sale.
(b)  The department may not process a request or deliver a deed until the expenses under Subsection (a) are paid.
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 202 - Control of Transportation Assets › Subchapter B. Sale, Exchange, or Return of Highway Property › Section 202.032. Rules

Sec. 202.032.  RULES.  The commission may adopt rules to implement this subchapter and to provide requestor refunds.
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 202 - Control of Transportation Assets › Subchapter B. Sale, Exchange, or Return of Highway Property › Section 202.033. Transfer of Historic Bridge

Sec. 202.033.  TRANSFER OF HISTORIC BRIDGE.  (a)  In this section, "historic bridge" means a bridge that is included on or eligible to be included on the National Register of Historic Places.
(b)  The department may transfer ownership of a historic bridge scheduled for replacement to a governmental entity or a responsible private entity.  The entity that accepts ownership of the bridge:
(1)  assumes all legal and financial responsibility for the bridge;  and
(2)  must maintain and preserve the bridge and its historic features.
(c)  The department may not transfer a bridge under this section unless it first reviews the proposed recipient's intended use of the bridge and determines that the bridge can be safely used for that purpose.
(d)  The following laws do not apply to a transfer under this section:
(1)  Chapter 2175, Government Code;
(2)  Section 202.030(a);  and
(3)  Section 202.031.
Added by Acts 2003, 78th Leg., ch. 668, Sec. 4, eff. June 20, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 202 - Control of Transportation Assets › Subchapter C. Leases, Easements, and Agreements Concerning Highway Property › Section 202.051. Definitions

Sec. 202.051.  DEFINITIONS.  In this subchapter:
(1)  "Highway asset" means an interest in real property that is held or controlled by the department for a highway or department purpose.
(2)  "Rest area" means an area of public land designated by the department as a rest area, comfort station, picnic area, or roadside park.
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 202 - Control of Transportation Assets › Subchapter C. Leases, Easements, and Agreements Concerning Highway Property › Section 202.052. Lease Authority

Sec. 202.052.  LEASE AUTHORITY.  (a)  The department may lease a highway asset, part of a right-of-way, or airspace above or underground space below a highway that is a part of the state highway system if the department determines that the interest to be leased will not be needed for a highway purpose during the term of the lease.
(b)  The lease may be for any purpose that is not inconsistent with applicable highway use.
(c)  The department shall charge not less than fair market value for the highway asset, payable in cash, services, tangible or intangible property, or any combination of cash, services, or property.
(d)  The department may authorize exceptions to the charges under Subsection (c) for:
(1)  the lease of a highway asset to a public utility provider;
(2)  a lease for a social, environmental, or economic mitigation purpose;  or
(3)  a lease to an institution of higher education for a purpose of the institution.
(e)  In this section, "institution of higher education" has the meaning assigned by Section 61.003, Education Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.10(a), eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1171, Sec. 1.19, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 202 - Control of Transportation Assets › Subchapter C. Leases, Easements, and Agreements Concerning Highway Property › Section 202.053. Lease of Highway Assets: Terms

Sec. 202.053.  LEASE OF HIGHWAY ASSETS:  TERMS.  (a)  The department may determine all terms of the lease except:
(1)  a tenant may not be required to post a bond or security for a lease in an amount in excess of six months' rental under the lease;  and
(2)  the lease must allow the tenant to mortgage or otherwise pledge or grant a security interest in the leasehold to secure financing for the acquisition of the leasehold and for the construction and operation of an improvement permitted under the lease.
(b)  The department may not convey title to, or sever from the real property, any permanent improvement constructed on the area leased under this subchapter.
(c)  The lease may:
(1)  contain a provision for early termination, at the option of either party, with or without cause;  and
(2)  provide that the right of one party to terminate without cause before the stated termination date may be conditioned on the payment of an amount negotiated by the parties and specified in the lease.
(d)  In evaluating the consideration proposed by a tenant, the department may consider the value of any real property the tenant proposes to donate or convey for a highway purpose.
(e)  Subject to rules of the commission to preserve safety and scenic beauty, a tenant may erect and maintain signs and other advertising displays relating to a business conducted on the leasehold.
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 202 - Control of Transportation Assets › Subchapter C. Leases, Easements, and Agreements Concerning Highway Property › Section 202.054. Revenue From Leases

Sec. 202.054.  REVENUE FROM LEASES.  The department shall deposit payments received under a lease under this subchapter to the credit of the state highway fund.
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 202 - Control of Transportation Assets › Subchapter C. Leases, Easements, and Agreements Concerning Highway Property › Section 202.055. Lease of Rest Areas

Sec. 202.055.  LEASE OF REST AREAS.  (a)  The department may lease a rest area to a person engaging in sales, services, or other commercial activities that serve the needs of the traveling public.
(b)  The department shall require the person to maintain the rest area in a proper manner and repair promptly any damage to the rest area caused by the person or a customer of the person, or pay to the state all expenses incurred by the department in repairing the damage.
(c)  The department shall adopt rules to implement this section.
(d)  Section 94.002, Human Resources Code, does not apply to a lease authorized under this section.
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 202 - Control of Transportation Assets › Subchapter C. Leases, Easements, and Agreements Concerning Highway Property › Section 202.056. Certain Oil and Gas Leases Prohibited

Sec. 202.056.  CERTAIN OIL AND GAS LEASES PROHIBITED.  The commission may not enter into an oil and gas lease for real property owned by the state that was acquired to construct or maintain a highway, road, street, or alley.
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 202 - Control of Transportation Assets › Subchapter C. Leases, Easements, and Agreements Concerning Highway Property › Section 202.057. Conveyance of Easement or Interest for Flood Control

Sec. 202.057.  CONVEYANCE OF EASEMENT OR INTEREST FOR FLOOD CONTROL.  (a)  The commission may, on request of an officer of the United States or the county judge of an affected county, convey without monetary consideration to the United States, or to a county that has agreed to convey real property or an interest in real property to the United States under an Act of Congress, an easement or interest in that property if:
(1)  the state acquired the property for use as a right-of-way for a state highway in a county that borders on the United Mexican States, or in a county adjacent to such a county;  and
(2)  the property is used or is proposed to be used by that county or the United States for the construction, operation, and maintenance of a system to control flood waters of a navigable stream of the state.
(b)  If the state does not own fee simple title to the property, the commission may join and consent to an easement to be used for a flood control purpose if the owner of the fee has executed an easement.
(c)  The commission may execute a necessary deed, conveyance, or agreement, to be signed by the chair of the commission as provided by commission order, for flood control purposes under this section.
(d)  In lieu of the monetary consideration waived by Subsection (a), the commission may make a reservation or agreement for the construction, reconstruction, alteration, operation, or maintenance of a structure or facility used or projected to be used for a highway purpose on real property that is needed for a flood control purpose.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 140, Sec. 8, eff. Sept. 1, 2003.