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 B. Texas Transportation Commission › Section 201.056. Compensation

Sec. 201.056.  COMPENSATION.  A member of the commission is entitled to compensation as provided by the General Appropriations Act.  If compensation for members is not provided by that Act, each member is entitled to reimbursement for actual and necessary expenses incurred in performing functions as a member of the commission.
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 B. Texas Transportation Commission › Section 201.057. Grounds for Removal

Sec. 201.057.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the commission if a commissioner:
(1)  does not have at the time of taking office or maintain during service on the commission the qualifications required by Section 201.051;
(2)  violates a prohibition provided by Section 201.051;
(3)  cannot discharge the commissioner's duties for a substantial part of the term for which the commissioner is appointed because of illness or disability; or
(4)  is absent from more than half of the regularly scheduled commission meetings that the commissioner is eligible to attend during a calendar year, unless the absence is excused by majority vote of the commission.
(b)  The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commissioner exists.
(c)  If the director knows that a potential ground for removal exists, the director shall notify the chair of the commission of the ground, and the chair shall notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal relates to the chair, the director shall notify another commissioner, who shall notify the governor and the attorney general that a potential ground for removal exists.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 1.03, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 140, Sec. 7, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 5, 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 B. Texas Transportation Commission › Section 201.058. Information on Qualifications and Conduct

Sec. 201.058.  INFORMATION ON QUALIFICATIONS AND CONDUCT.  The department shall provide to the members of the commission, as often as necessary, information concerning the members' qualifications for office and their responsibilities under applicable laws relating to standards of conduct for state officers.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 6, 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 B. Texas Transportation Commission › Section 201.059. Commission Member Training

Sec. 201.059.  COMMISSION MEMBER TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing department operations;
(2)  the programs, functions, rules, and budget of the department;
(3)  the scope of and limitations on the rulemaking authority of the commission;
(4)  the results of the most recent formal audit of the department;
(5)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest; and
(B)  other laws applicable to members of the commission in performing their duties; and
(6)  any applicable ethics policies adopted by the department or the Texas Ethics Commission.
(c)  A person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program, regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(d)  The director shall create a training manual that includes the information required by Subsection (b).  The director shall distribute a copy of the training manual annually to each member of the commission.  On receipt of the training manual, each member of the commission shall sign and submit to the director a statement acknowledging receipt of the training manual.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.04, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 2, 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 C. Commission's Powers and Duties › Section 201.101. Rules; Records

Sec. 201.101.  RULES;  RECORDS.  The commission shall:
(1)  adopt rules for the operation of the department;
(2)  maintain a record of all proceedings and official orders;  and
(3)  keep on file copies of all road plans, specifications, and estimates prepared by the department or under its direction.
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 C. Commission's Powers and Duties › Section 201.102. Separation of Responsibilities

Sec. 201.102.  SEPARATION OF RESPONSIBILITIES.  The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the director and staff of the department.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 1.05, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter C. Commission's Powers and Duties › Section 201.103. Comprehensive System of Highways and Roads

Sec. 201.103.  COMPREHENSIVE SYSTEM OF HIGHWAYS AND ROADS.  (a)  The commission shall plan and make policies for the location, construction, and maintenance of a comprehensive system of state highways and public roads.
(b)  The commission shall designate as part of the state highway system a highway that it determines is necessary for the proper development and operation of the system.  The commission may remove a segment of the state highway system that it determines is not needed for the system.  In planning and making policies, the commission shall consider, for incorporation into the state highway system, turnpikes that other governmental or private entities are authorized to construct.
(c)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1312, Sec. 99(29), eff. September 1, 2013.
(d)  The director, under the direction and with the approval of the commission, shall prepare a comprehensive plan providing a system of state highways.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 668, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 99(29), eff. September 1, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter C. Commission's Powers and Duties › Section 201.104. Designation of Farm-to-Market Roads

Sec. 201.104.  DESIGNATION OF FARM-TO-MARKET ROADS.  (a)  The commission may designate any county road as a farm-to-market road for the purposes of construction, reconstruction, and maintenance only, if the commissioners court of the county in which the county road is located by order entered in its minutes waives any rights the county may have for state participation in any indebtedness incurred by the county in the construction of the road.
(b)  The commission and the county commissioners court by contract may set forth the duties of the state in the construction, reconstruction, and maintenance of the county road in consideration for the county's, road district's, or defined road district's relinquishing all claims for state participation in any outstanding county or road district bond, warrant, or other evidence of indebtedness that is for the construction or improvement of the road and that was created before the road was designated by the commission.
(c)  The assumption by the state of the obligation to construct and maintain a road designated under this section as a farm-to-market road is full and complete compensation for funds that were spent by the county, road district, or defined road district for the construction and maintenance of the road before its designation.
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 C. Commission's Powers and Duties › Section 201.105. Department Districts

Sec. 201.105.  DEPARTMENT DISTRICTS.  (a)  The commission shall divide the state into not more than 25 districts for the purpose of the performance of the department's duties.
(b)  In determining a district's boundaries, the commission shall consider all costs and benefits, including highway activity in and the number of employees required for the proposed district.
(c)  Not more than one district office may be in a district.
(d)  The commission shall determine the number of department offices necessary for maintenance and construction personnel in a district.
(e)  The commission periodically shall review the necessity for the number of maintenance, construction, and support operations in each district.  The commission shall include the findings of its review as a part of the department's budget request submitted to the Legislative Budget Board.
(f)  The department is exempt from any law purporting to require the department to conform the provision of its services to service regions other than the districts established under this section.
(g)  The commission may require by rule that any product or material that is approved for use in any one district may be approved for use by any other district.
(h)  The commission by rule shall prescribe criteria for the classification of each district as metropolitan, urban, or rural.  The rules must classify a district with a population of more than one million as metropolitan.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 1.35, eff. Sept. 1, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 532 (H.B. 3444), 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 C. Commission's Powers and Duties › Section 201.1055. Agreements With Private Entities

Sec. 201.1055.  AGREEMENTS WITH PRIVATE ENTITIES.  (a)  Notwithstanding any other law, including Subchapter A, Chapter 2254, Government Code, Chapters 2165, 2166, and 2167, Government Code, and Sections 202.052, 202.053, 203.051, 203.052, and 223.001 of this code, the department and a private entity that offers the best value to the state may enter into an agreement for the:
(1)  acquisition, design, construction, or renovation, including site development, of a building or other facility required to support department operations located on real property owned or acquired by the department; or
(2)  acquisition from the private entity of real property, a building, or other facility required to support department operations that is constructed on the real property in exchange for department-owned real property, including any improvements.
(b)  A project described by this section that is not wholly paid for by an exchange of department-owned real property may be financed in accordance with Section 1232.111, Government Code.
(c)  Notwithstanding Section 202.024, the commission may authorize the executive director to execute a deed exchanging department-owned real property under Subsection (a)(2).
(d)  The commission shall notify the Bond Review Board and Texas Public Finance Authority of the proposed transaction not less than 45 days before the date the commission signs an agreement under this section providing for the exchange of department-owned real property under Subsection (a)(2).
(e)  An agreement under this section providing for the exchange of department-owned real property under Subsection (a)(2) that has an appraised value greater than the appraised value of real property and improvements acquired by the department under the agreement must require the private entity to compensate the department for the difference. Any compensation paid by a private entity must be deposited to the credit of the state highway fund and is exempt from the application of Section 403.095, Government Code.
Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 19.01, eff. Jan. 11, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.02, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter C. Commission's Powers and Duties › Section 201.1056. Agreements for Services on Federal Military Property

Sec. 201.1056.  AGREEMENTS FOR SERVICES ON FEDERAL MILITARY PROPERTY.  (a)  The department may enter into an agreement with the United States Department of Defense or another federal entity to allow the department to assist with the provision of any department services, including road maintenance, improvement, relocation, or extension services, for military installations.
(b)  State funds may not be used to provide services under an agreement entered into under this section.
(c)  Notwithstanding Subsection (a), the department may not enter into an agreement under this section if payment for the services provided under the agreement would be made from funds provided to the state for public roads under Title 23, United States Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 154 (H.B. 3399), Sec. 1, eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 160 (S.B. 1524), Sec. 1, eff. May 23, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter C. Commission's Powers and Duties › Section 201.106. Settlement of Claims; Purchase of Liability Insurance

Sec. 201.106.  SETTLEMENT OF CLAIMS;  PURCHASE OF LIABILITY INSURANCE.  (a)  This section applies to a claim against the department arising from the use, operation, or maintenance of equipment that is used or may be used in connection with the laying out, construction, or maintenance of the roads, highways, rest areas, or other public grounds in this state.
(b)  The department may settle a claim described by Subsection (a) if:
(1)  the department may be liable under Chapter 101, Civil Practice and Remedies Code;
(2)  the director determines that a settlement is in the best interest of the department;  and
(3)  the department's liability under the terms of the settlement is less than $10,000.
(c)  Section 101.105, Civil Practice and Remedies Code, does not apply to a settlement under this section.
(d)  Settlement of a claim under this section bars any action involving the same subject matter by the claimant against the department employees whose act or omission gave rise to the claim.
(e)  The department may insure the officers and employees of the department for liability arising from a claim described by Subsection (a).  Coverage under this subsection must be provided by the purchase of a policy of liability insurance from a reliable insurance company authorized to do business in this state.  The form of the policy must be approved by the commissioner of insurance, and the coverage must be approved by the attorney general.
(f)  This section is not a waiver of immunity of the state from liability for the torts or negligence of an officer or employee of this state.
(g)  In this section, "equipment" includes an automobile, motor truck, trailer, aircraft, motor grader, roller, tractor, tractor power mower, and other power equipment.
(h)  to (j) Deleted by Acts 1993, 73rd Leg., ch. 634, Sec. 7, eff. Sept. 1, 1993.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 59, Sec. 1, eff. May 15, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter C. Commission's Powers and Duties › Section 201.1075. Chief Financial Officer

Sec. 201.1075.  CHIEF FINANCIAL OFFICER.  (a)  The chief financial officer shall ensure that the department's financial activities are conducted in a transparent and reliable manner.
(b)  The chief financial officer shall certify each month that any state highway construction and maintenance contracts to be awarded by the department during that month will not create state liability that exceeds the department's most recent cash flow forecast.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 7, 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 C. Commission's Powers and Duties › Section 201.108. Internal Auditor

Sec. 201.108.  INTERNAL AUDITOR.  (a)  The commission shall appoint an internal auditor for the department.
(b)  The auditor shall report directly to the commission on the conduct of department affairs.
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 C. Commission's Powers and Duties › Section 201.109. Revenue Enhancement

Sec. 201.109.  REVENUE ENHANCEMENT.  (a)  The commission shall:
(1)  enhance existing sources of revenue;  and
(2)  create alternate sources of revenue.
(b)  In carrying out this section, the commission shall provide for:
(1)  maximizing the generation of revenue from existing assets of the department, including real estate;
(2)  increasing the role of the private sector and public-private projects in the leasing of real estate and other assets in the development of highway projects;
(3)  setting and attempting to meet annual revenue enhancement goals;
(4)  reporting on the progress in meeting revenue enhancement goals in the department's annual report;
(5)  contracting for an independent audit of the department's management and business operations in 2007 and each 12th year after 2007;
(6)  developing a cost-benefit analysis between the use of local materials previously incorporated into roadways versus use of materials blended or transported from other sources;  and
(7)  increasing private investment in the transportation infrastructure, including the acquisition of causeways, bridges, tunnels, turnpikes, or other transportation facilities, in the border region, including the counties of Atascosa, Bandera, Bexar, Brewster, Brooks, Cameron, Crockett, Culberson, Dimmit, Duval, Edwards, El Paso, Frio, Hidalgo, Hudspeth, Jeff Davis, Jim Hogg, Jim Wells, Kenedy, Kerr, Kimble, Kinney, Kleberg, La Salle, Live Oak, Maverick, McMullen, Medina, Nueces, Pecos, Presidio, Real, Reeves, San Patricio, Starr, Sutton, Terrell, Uvalde, Val Verde, Webb, Willacy, Zapata, and Zavala.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 1.32, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1395, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1413, Sec. 1, eff. June 16, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter C. Commission's Powers and Duties › Section 201.110. Contract With Adjoining State for Improvement of Road Crossing States' Boundary

Sec. 201.110.  CONTRACT WITH ADJOINING STATE FOR IMPROVEMENT OF ROAD CROSSING STATES' BOUNDARY.  (a)  The commission, by the authority of the governor, may contract with an adjoining state to:
(1)  provide for the improvement of a public road or highway that crosses the states' boundary;  and
(2)  establish respective responsibilities for the improvement.
(b)  In a contract for an improvement of the state highway system that is subject to a contract under Subsection (a), the commission may provide for the improvement of a segment of a public road or highway located in the adjoining state if:
(1)  the improvement of that segment is necessary for the health, safety, and welfare of the people of this state and for the effective improvement and operation of the state highway system;
(2)  that segment is an extension or continuation of a segment of the state highway system;
(3)  the contract under Subsection (a) is authorized and executed under the law of the adjoining state;  and
(4)  all costs associated with the improvement of that segment are the responsibility of the adjoining state.
(c)  In this section, "improvement" includes construction, reconstruction, and maintenance.
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 C. Commission's Powers and Duties › Section 201.111. Recommendation of Engineer; Determination of Fitness

Sec. 201.111.  RECOMMENDATION OF ENGINEER;  DETERMINATION OF FITNESS.  (a)  On formal application by a county, road district of a county, or municipality, the commission may recommend for appointment a competent civil engineer who is a graduate of a first-class school of civil engineering and who is skilled in highway construction and maintenance.
(b)  The commission shall adopt rules necessary to determine the qualifications of engineers who apply for highway construction work.
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 C. Commission's Powers and Duties › Section 201.112. Contract Claims

Sec. 201.112.  CONTRACT CLAIMS.  (a)  The commission may by rule establish procedures for the informal resolution of a claim arising out of a contract described by:
(1)  Section 22.018;
(2)  Chapter 223;
(3)  Chapter 361;
(4)  Section 391.091; or
(5)  Chapter 2254, Government Code.
(b)  If a person with a claim is dissatisfied with the department's resolution of the claim under the procedures authorized under Subsection (a), the person may request a formal administrative hearing to resolve the claim under Chapter 2001, Government Code.
(c)  An administrative law judge's proposal for decision rendered under Chapter 2001, Government Code, shall be submitted to the director for adoption.  Notwithstanding any law to the contrary, the director may change a finding of fact or conclusion of law made by the administrative law judge or may vacate or modify an order issued by the administrative law judge.  The director shall provide a written statement containing the reason and legal basis for a change made under this subsection.
(d)  The director's final order is subject to judicial review under Chapter 2001, Government Code, under the substantial evidence rule.
(e)  This section does not waive state immunity from liability.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.36(a), eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 312, Sec. 1, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 713, Sec. 3, eff. June 20, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.01, eff. June 21, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 20.001, eff. September 1, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter C. Commission's Powers and Duties › Section 201.113. Agreements With Regional Tollway Authorities

Sec. 201.113.  AGREEMENTS WITH REGIONAL TOLLWAY AUTHORITIES.  (a)  Notwithstanding Sections 221.003 and 224.031, the commission and a regional tollway authority governed by Chapter 366 may enter into an agreement for the improvement by a regional tollway authority of portions of the state highway system.
(b)  In this section, "improvement" means construction, reconstruction, maintenance, and the making of a necessary plan or survey before beginning construction, reconstruction, or maintenance and includes a project or activity appurtenant to a state highway, including drainage facilities, surveying, traffic counts, driveways, landscaping, lights, or guardrails.
(c)  An agreement entered into under this section may provide that an improvement of a portion of the state highway system by a regional tollway authority is governed by the provisions of Chapter 366 applicable to the performance of the same function for a turnpike project under that chapter and the rules and procedures adopted by the regional tollway authority under that chapter, in lieu of the laws, rules, or procedures applicable to the department for the performance of the same function.
Added by Acts 1999, 76th Leg., ch. 576, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.03, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter C. Commission's Powers and Duties › Section 201.114. Border Trade Advisory Committee

Sec. 201.114.  BORDER TRADE ADVISORY COMMITTEE.  (a)  In this section, "coordinator" means the border commerce coordinator designated under Section 772.010, Government Code.
(b)  The coordinator shall serve on the Border Trade Advisory Committee as presiding officer.  The commission shall appoint the other members of the committee, which to the extent practicable must include:
(1)  the presiding officers, or persons designated by the presiding officers, of the policy boards of metropolitan planning organizations wholly or partly in the department's Pharr, Laredo, Odessa, or El Paso transportation district;
(2)  the person serving, or a person designated by the person serving, in the capacity of executive director of each entity governing a port of entry in this state;
(3)  a representative each from at least two institutes or centers operated by a university in this state that conduct continuing research on transportation or trade issues; and
(4)  the port director of the Port of Brownsville or the port director's designee.
(c)  The commission shall establish the Border Trade Advisory Committee to define and develop a strategy and make recommendations to the commission and governor for addressing the highest priority border trade transportation challenges.  In determining action to be taken on the recommendations, the commission shall consider the importance of trade with the United Mexican States, potential sources of infrastructure funding at border ports, including maritime ports, and the value of trade activity in the department's districts adjacent to the border with the United Mexican States.
(d)  The commission may adopt rules governing the Border Trade Advisory Committee.
(e)  Chapter 2110, Government Code, does not apply to the size, composition, or duration of the Border Trade Advisory Committee.
Added by Acts 2001, 77th Leg., ch. 912, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 791 (S.B. 183), Sec. 1, eff. June 17, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 178 (S.B. 816), Sec. 1, 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 C. Commission's Powers and Duties › Section 201.115. Borrowing Money

Sec. 201.115.  BORROWING MONEY.  (a)  The commission may authorize the department to borrow money from any source to carry out the functions of the department.
(b)  A loan under this section may be in the form of an agreement, note, contract, or other form as determined by the commission and may contain any provisions the commission considers appropriate, except:
(1)  the term of the loan may not exceed two years;
(2)  the amount of the loan, combined with any amounts outstanding on other loans under this section, may not exceed an amount that is two times the average monthly revenue deposited to the state highway fund for the 12 months preceding the month of the loan; and
(3)  the loan may not create general obligation of the state and is payable only as authorized by legislative appropriation.
(c)  If the department borrows money by the issuance of notes, the notes shall be considered a state security for purposes of Chapter 1231, Government Code.
(d)  Notwithstanding Section 222.001, money in the state highway fund may be used to repay a loan under this section, if appropriated by the legislature for that purpose.
Added by Acts 2003, 78th Leg., ch. 1281, Sec. 1, eff. Sept. 13, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.04, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter C. Commission's Powers and Duties › Section 201.116. Application Requirement for Colonias Projects

Sec. 201.116.  APPLICATION REQUIREMENT FOR COLONIAS PROJECTS.  (a)  In this section, "colonia" means a geographic area that:
(1)  is an economically distressed area as defined by Section 17.921, Water Code;
(2)  is located in a county any part of which is within 62 miles of an international border; and
(3)  consists of 11 or more dwellings that are located in close proximity to each other in an area that may be described as a community or neighborhood.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(5), eff. September 1, 2019.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(5), eff. September 1, 2019.
(d)  Regarding any projects funded by the commission that serve colonias by providing paved roads or other assistance, the commission shall require an applicant for the funds to submit to the commission a colonia classification number, if one exists, for each colonia that may be served by the project proposed in the application.  If a colonia does not have a classification number, the commission may contact the secretary of state or the secretary of state's representative to obtain the classification number.  On request of the commission, the secretary of state or the secretary of state's representative shall assign a classification number to the colonia.
Added by Acts 2005, 79th Leg., Ch. 828 (S.B. 827), Sec. 6, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 341 (S.B. 99), Sec. 17, eff. June 15, 2007.
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 2.11, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 2.12, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(5), 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 C. Commission's Powers and Duties › Section 201.117. Advisory Committees

Sec. 201.117.  ADVISORY COMMITTEES.  (a)  The commission may establish, as it considers necessary, advisory committees on any of the matters under its jurisdiction.
(b)  The commission shall determine the purpose, duties, and membership of each advisory committee.
Added by Acts 2009, 81st Leg., R.S., Ch. 469 (S.B. 348), 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 C. Commission's Powers and Duties › Section 201.118. Negotiated Rulemaking; Alternative Dispute Resolution Procedures

Sec. 201.118.  NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.  (a)  The commission shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of department rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the department's jurisdiction.
(b)  The department's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The department shall:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  provide training as needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 8, 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 C. Commission's Powers and Duties › Section 201.119. Legislative Appropriations Request

Sec. 201.119.  LEGISLATIVE APPROPRIATIONS REQUEST.  (a)  Department staff shall deliver the department's legislative appropriations request to the commission in an open meeting not later than the 30th day before the date the department submits the legislative appropriations request to the Legislative Budget Board.
(b)  The commission may adopt the legislative appropriations request in the meeting described by Subsection (a) or in a subsequent open meeting.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 8, 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 D. Texas Department of Transportation › Section 201.201. Governance of Department

Sec. 201.201.  GOVERNANCE OF DEPARTMENT.  The commission governs the Texas Department of Transportation.
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 D. Texas Department of Transportation › Section 201.202. Divisions; Division Personnel

Sec. 201.202.  DIVISIONS;  DIVISION PERSONNEL.
(a)  The commission shall organize the department into divisions to accomplish the department's functions and the duties assigned to it, including divisions for:
(1)  aviation;
(2)  highways and roads; and
(3)  public transportation.
(b)  The person designated by the director to supervise the division responsible for highways and roads must be a registered professional engineer experienced and skilled in highway construction and maintenance.
(c)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 933, Sec. 2A.03, eff. September 1, 2009.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 2A.01, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 2A.03, 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 D. Texas Department of Transportation › Section 201.203. Department Office

Sec. 201.203.  DEPARTMENT OFFICE.  The department shall have its statewide headquarters office in Austin.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 1.07, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter D. Texas Department of Transportation › Section 201.2035. Accounting Structure

Sec. 201.2035.  ACCOUNTING STRUCTURE.  The department shall create and maintain an accounting structure for roadway and warehouse inventory of the department.  The accounting structure must provide for the accounting for lost or destroyed materials.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.37, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter D. Texas Department of Transportation › Section 201.204. Sunset Provision

Sec. 201.204.  SUNSET PROVISION.  The Texas Department of Transportation is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the department is abolished September 1, 2029.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 1.01, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., 1st C.S., Ch. 2 (S.B. 2), Sec. 1.11, eff. July 10, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 10, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1279 (H.B. 1675), Sec. 2.01, eff. June 14, 2013.
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 3, 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 D. Texas Department of Transportation › Section 201.2041. Submission of Financial Audit to Sunset Commission

Sec. 201.2041.  SUBMISSION OF FINANCIAL AUDIT TO SUNSET COMMISSION.  (a)  The department shall submit with its agency report under Section 325.007, Government Code, a complete and detailed financial audit conducted by an independent certified public accountant.
(b)  Subsection (a) does not apply if the department is subject to sunset review during the previous two-year period.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 11, 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 D. Texas Department of Transportation › Section 201.205. Protection and Use of Intellectual Property and Publications

Sec. 201.205.  PROTECTION AND USE OF INTELLECTUAL PROPERTY AND PUBLICATIONS.  (a)  The department may:
(1)  apply for, register, secure, hold, and protect under the laws of the United States, any state, or any nation a patent, copyright, trademark, or other evidence of protection or exclusivity issued in or for an idea, publication, or other original innovation fixed in a tangible medium, including:
(A)  a literary work;
(B)  a logo;
(C)  a service mark;
(D)  a study;
(E)  a map or planning document;
(F)  an engineering, architectural, or graphic design;
(G)  a manual;
(H)  automated systems software;
(I)  an audiovisual work;
(J)  a sound recording;  or
(K)  travel literature, including a pamphlet, bulletin, book, map, periodical, or electronic information published or produced under Section 3, Chapter 193, Acts of the 56th Legislature, Regular Session, 1959 (Article 6144e, Vernon's Texas Civil Statutes);
(2)  enter into a nonexclusive license agreement with a third party for the receipt of a fee, royalty, or other thing of monetary or nonmonetary value;
(3)  waive or reduce the amount of a fee, royalty, or other thing of monetary or nonmonetary value to be assessed if the department determines that the waiver will:
(A)  further the goals and missions of the department;  and
(B)  result in a net benefit to the state;  and
(4)  adopt and enforce rules necessary to implement this section.
(b)  Money paid to the department under this section shall be deposited to the credit of the state highway fund.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.07(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter D. Texas Department of Transportation › Section 201.206. Donations and Contributions

Sec. 201.206.  DONATIONS AND CONTRIBUTIONS.  (a)  For the purpose of carrying out its functions and duties, the department may accept, from any source, a donation or contribution in any form, including realty, personalty, money, materials, or services.
(b)  The department may enter into an agreement with a donor to publicly acknowledge donations made to the department. The public acknowledgment may not contain comparative or qualitative descriptions of the donor's products, services, facilities, or companies.
(c)  If a person makes a donation to the department's roadside assistance and safety service patrol program, the department may post an acknowledgment of the donation on a vehicle or equipment the department uses for the program.
(d)  The commission may adopt rules for the acknowledgment of donations under this section.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.08, eff. Sept. 1, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 969 (S.B. 2200), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter D. Texas Department of Transportation › Section 201.207. Cross-Border Transportation and Infrastructure Meetings

Sec. 201.207.  CROSS-BORDER TRANSPORTATION AND INFRASTRUCTURE MEETINGS.  (a)  The department shall initiate efforts to meet at least quarterly with the department's counterparts in those states of the United Mexican States that border this state to discuss issues relating to truck inspections and transportation and infrastructure involved in truck inspections and transportation.
(b)  To assist the department in carrying out this section, the department shall contact the border commerce coordinator designated under Section 772.010, Government Code, and the mayors of each municipality in this state in which a port of entry for land traffic is located.
(c)  At least one department representative participating in a meeting under Subsection (a) must be proficient in Spanish.
(d)  The department, in conjunction with the border commerce coordinator, shall develop short-range and long-range plans, including recommendations to increase bilateral relations with Mexico and expedite trade by mitigating delays in border crossing inspections for northbound truck traffic.  In developing the plans, the department and coordinator shall consider information obtained from any meetings under Subsection (a).  The department shall update the plan biennially.
Added by Acts 2001, 77th Leg., ch. 915, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 309 (S.B. 569), Sec. 1, eff. June 17, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 90, eff. September 1, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter D. Texas Department of Transportation › Section 201.208. Payment of Fees for Department Goods and Services

Sec. 201.208.  PAYMENT OF FEES FOR DEPARTMENT GOODS AND SERVICES.  (a)  The commission may adopt rules regarding the method of payment of a fee for any goods sold or services provided by the department or for the administration of any department program.
(b)  Goods sold and services provided include the sale of travel promotional materials and department publications and the issuance of licenses, permits, and registrations.
(c)  The rules may:
(1)  authorize the use of electronic funds transfer or a valid credit card issued by a financial institution chartered by a state or the United States or by a nationally recognized credit organization approved by the department;  and
(2)  require the payment of a discount or service charge for a credit card payment in addition to the fee.
(d)  Revenue generated from payments of discount or service charges under Subsection (c) shall be deposited in the state highway fund.
Added by Acts 1999, 76th Leg., ch. 507, Sec. 1, eff. June 18, 1999;  Acts 1999, 76th Leg., ch. 918, 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 D. Texas Department of Transportation › Section 201.209. Authority to Contract

Sec. 201.209.  AUTHORITY TO CONTRACT.  (a)  The department may enter into an interlocal contract with one or more local governments in accordance with Chapter 791, Government Code.
(b)  The department by rule shall adopt policies and procedures consistent with applicable state procurement practices for soliciting and awarding the contracts under this section.
Added by Acts 2001, 77th Leg., ch. 869, Sec. 1, eff. June 14, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter D. Texas Department of Transportation › Section 201.210. Legislative Lobbying

Sec. 201.210.  LEGISLATIVE LOBBYING.  (a)  In addition to Section 556.006, Government Code, the commission or a department employee may not use money under the department's control or engage in an activity to influence the passage or defeat of legislation.
(b)  Violation of Subsection (a) is grounds for dismissal of an employee.
(c)  This section does not prohibit the commission or department employee from using state resources to:
(1)  provide public information or information responsive to a request; or
(2)  communicate with officers and employees of the federal government in pursuit of federal appropriations or programs.
(d)  The department may not spend from funds appropriated to the department any money for the purpose of selecting, hiring, or retaining a person required to register under Chapter 305, Government Code, or the Lobbying Disclosure Act of 1995 (2 U.S.C. Section 1601 et seq.), unless that expenditure is allowed under state law.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 12, 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 D. Texas Department of Transportation › Section 201.211. Ethics Affirmation and Hotline

Sec. 201.211.  ETHICS AFFIRMATION AND HOTLINE.  (a)  A department employee shall annually affirm the employee's adherence to the ethics policy adopted under Section 572.051(c), Government Code.
(b)  The department shall establish and operate a telephone hotline that enables a person to call the hotline number, anonymously or not anonymously, to report alleged fraud, waste, or abuse or an alleged violation of the ethics policy adopted under Section 572.051(c), Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 12, eff. September 1, 2011.