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 E. Director › Section 201.301. Executive Director

Sec. 201.301.  EXECUTIVE DIRECTOR.  (a)  The commission shall elect an executive director for the department.  The director must be experienced and skilled in transportation planning and development and in organizational management.
(b)  The director serves at the will of the commission.
(c)  Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(47).
(d)  The director shall:
(1)  serve the commission in an advisory capacity, without vote;  and
(2)  submit to the commission, quarterly, annually, and biennially, detailed reports of the progress of public road construction, detailed reports of public and mass transportation development, and detailed statements of expenditures.
(e)  The director is entitled to actual expenses for and related to travel away from Austin in performance of the director's duties under the direction of the commission.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 285, Sec. 31(47), eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 776 (S.B. 970), 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 E. Director › Section 201.302. State Road Map

Sec. 201.302.  STATE ROAD MAP.  The director shall make, regularly revise, and keep in a form convenient for examination in the office of the department a complete road map of the state that shows road construction in the counties.
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 E. Director › Section 201.303. Use of University Laboratories for Analyzing Materials

Sec. 201.303.  USE OF UNIVERSITY LABORATORIES FOR ANALYZING MATERIALS.  The director may use laboratories maintained at Texas A&M University and The University of Texas to test and analyze road and bridge material.  Persons in charge of the laboratories shall cooperate with and assist the director with those tests and analyses.
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 F. Department Employees › Section 201.401. Employee Qualifications

Sec. 201.401.  EMPLOYEE QUALIFICATIONS.  (a)  A person may not be an employee of the department who is employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if the person is:
(1)  an officer, employee, or paid consultant of a Texas trade association  in the field of road construction or maintenance or outdoor advertising; or
(2)  the spouse of an officer, manager, or paid consultant described by Subdivision (1).
(b)  A person may not act as general counsel to the department if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the department.  A person who acts as general counsel to the department must be licensed as an attorney in this state.
(c)  In this section, "Texas trade association" has the meaning assigned by Section 201.051.
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. 13(a), eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter F. Department Employees › Section 201.402. Equal Employment Opportunity

Sec. 201.402.  EQUAL EMPLOYMENT OPPORTUNITY.  (a)  The director or the director's designee shall prepare and maintain a written policy statement to ensure implementation of a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin.  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel that comply with Chapter 21, Labor Code;
(2)  a comprehensive analysis of the department work force that meets federal and state laws, rules, and regulations, and instructions directly adopted under those laws, rules, or regulations;
(3)  procedures by which a determination can be made of significant underuse in the department work force of all persons for whom federal or state laws, rules, and regulations, and instructions directly adopted under those laws, rules, or regulations encourage a more equitable balance;  and
(4)  reasonable methods to appropriately address the areas of significant underuse.
(b)  A policy statement prepared under Subsection (a) must cover an annual period, be updated at least annually, be reviewed by the Texas Commission on Human Rights for compliance with Subsection (a)(1), and be filed with the governor's office.
(c)  The governor's office shall deliver a biennial report to the legislature based on the information received under Subsection (b).  The report may be made separately or as a part of other biennial reports made to the legislature.
(d)  The department's designated equal employment opportunity officer shall report directly to the director.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 1.09, 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 F. Department Employees › Section 201.403. Hiring Women and Minorities

Sec. 201.403.  HIRING WOMEN AND MINORITIES.  (a)  To provide adequate numbers of women and minority applicants for all positions in the department, the department shall:
(1)  open all positions compensated at or above the amount prescribed by the General Appropriations Act for salary group B17 of the position classification salary schedule to applicants from inside and outside the department;
(2)  seek applicants from this state and, if sufficient numbers are not available from this state, from other states;
(3)  coordinate recruiting efforts with college placement officers and college student organizations;
(4)  develop an extensive cooperative education program with colleges; and
(5)  ensure that employees are aware of continuing educational opportunities and encourage employee participation in the programs.
(b)  The department shall designate a central authority to set and monitor women and minority hiring goals.  After consultation with appropriate persons in each division and regional office, the central authority shall set annual women and minority hiring goals in each division and regional office of the department and shall monitor progress toward those goals.  The central authority shall provide recruiting and technical assistance to each division and regional office.
(c)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(160), eff. June 17, 2011.
(d)  In this section, "minority" includes African Americans, Hispanic Americans, Asian Americans, American Indians, Alaska natives, and Pacific Islanders.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 595 (H.B. 1814), Sec. 1, eff. June 17, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(160), eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter F. Department Employees › Section 201.404. Employee Programs

Sec. 201.404.  EMPLOYEE PROGRAMS.  (a)  The director or the director's designee shall develop an intra-agency career ladder program that addresses opportunities for mobility and advancement for employees in the department. The program shall require intra-agency posting of all positions concurrently with any public posting.
(b)  The director or the director's designee shall develop a system of annual performance evaluations that are based on documented employee performance.  All merit pay for department employees must be based on the system established under this subsection.
(b-1)  If an annual performance evaluation indicates unsatisfactory performance by an employee employed in a position at or above the level of district engineer or division or office director, the commission shall consider whether the employee should be terminated.  The annual performance evaluation of a position described by this subsection must include an evaluation of an employee's:
(1)  professionalism;
(2)  diligence; and
(3)  responsiveness to directives and requests from the commission and the legislature.
(b-2)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 74(2), eff. September 1, 2017.
(c)  The department shall provide to its employees, as often as necessary, information concerning the employees' qualifications for employment under this subchapter and their responsibilities under applicable laws relating to standards of conduct for state employees.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 1.10, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 14, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 74(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 F. Department Employees › Section 201.405. Exchange of Engineers With Mexico

Sec. 201.405.  EXCHANGE OF ENGINEERS WITH MEXICO.  (a)  The commission may employ not more than five citizens of the United Mexican States who are student engineers or graduate engineers for a period of not more than six months and pay those employees for their services from the state highway fund if the United Mexican States employs an equal number of engineers of the department in similar work in the United Mexican States for similar periods and pays them for their services.
(b)  The commission may grant leaves of absence to not more than five engineers of the department to accept employment with the United Mexican States as provided under Subsection (a).
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 F. Department Employees › Section 201.406. Relocation Assistance

Sec. 201.406.  RELOCATION ASSISTANCE.  (a)  In addition to authority granted by other law, the department may reimburse transferred employees for expenses or costs related to selling existing housing and purchasing and financing comparable replacement housing if the director determines that the transfer will enhance the department's ability to accomplish its goals and missions.
(b)  For purposes of this section, the following expenses or costs related to the selling of existing housing and the leasing, purchasing, and financing of comparable replacement housing are reimbursable:
(1)  any commissions and fees due to a broker or real estate agent;
(2)  costs incurred as a purchaser to obtain a home loan, including loan application fees, credit report fees, and mortgage points;
(3)  origination fees, title insurance, recording fees, and all other closing costs required to be paid by the employee;
(4)  fees or charges, other than refundable deposits, necessary to establish telephone, gas, and electric service;  and
(5)  travel expenses incurred while looking for a new residence, reimbursed at the standard mileage rate, for travel to and from the new designated headquarters.
(c)  Under this section, the department may not:
(1)  provide reimbursement for more than five employees per fiscal year;
(2)  pay a sum of more than $15,000 to any employee;
(3)  purchase or pay any part of the purchase price of any employee's home;
(4)  provide reimbursement for the purchase or financing of a house if the employee did not own and occupy existing housing at the time of transfer;  or
(5)  provide reimbursement when the distance between the two designated headquarters of a transferred employee is less than 25 miles.
(d)  The department may pay the reasonable, necessary, and resulting costs of moving the household goods and effects of a transferred employee if:
(1)  the director determines that the transfer will enhance the department's ability to accomplish its goals and missions;  and
(2)  the distance between the two designated headquarters of a transferred employee is at least 25 miles.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.38, 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 F. Department Employees › Section 201.407. Training on Smuggling and Trafficking of Persons

Sec. 201.407.  TRAINING ON SMUGGLING AND TRAFFICKING OF PERSONS.  (a)  The department shall develop and make available to employees of the department a training course on the recognition and prevention of smuggling and trafficking of persons.
(b)  The department, in collaboration with the office of the attorney general, shall establish the content of the training developed under Subsection (a).
(c)  On the date an employee begins employment with the department, the department shall provide notice to the employee of the availability of the training developed under Subsection (a).
Added by Acts 2019, 86th Leg., R.S., Ch. 642 (S.B. 1593), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter F. -1. Compliance Program › Section 201.451. Establishment and Purpose

Sec. 201.451.  ESTABLISHMENT AND PURPOSE.  The commission shall establish a compliance program, which must include a compliance office to oversee the program.  The compliance office is responsible for:
(1)  acting to prevent and detect serious breaches of departmental policy, fraud, waste, and abuse of office, including any acts of criminal conduct within the department;
(2)  independently and objectively reviewing, investigating, delegating, and overseeing the investigation of:
(A)  conduct described by Subdivision (1);
(B)  criminal activity in the department;
(C)  allegations of wrongdoing by department employees;
(D)  crimes committed on department property; and
(E)  serious breaches of department policy;
(3)  overseeing the operation of the telephone hotline established under Section 201.211;
(4)  ensuring that members of the commission and department employees receive appropriate ethics training; and
(5)  performing other duties assigned to the office by the commission.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 15(a), eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter F. -1. Compliance Program › Section 201.452. Investigation Oversight

Sec. 201.452.  INVESTIGATION OVERSIGHT.  (a)  The compliance office has primary jurisdiction for oversight and coordination of all investigations occurring on department property or involving department employees.
(b)  The compliance office shall coordinate and provide oversight for an investigation under this subchapter, but the compliance office is not required to conduct the investigation.
(c)  The compliance office shall continually monitor an investigation conducted within the department, and shall report to the commission on the status of pending investigations.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 15(a), eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter F. -1. Compliance Program › Section 201.453. Initiation of Investigations

Sec. 201.453.  INITIATION OF INVESTIGATIONS.  The compliance office may only initiate an investigation based on:
(1)  authorization from the commission;
(2)  approval of the director of the compliance office;
(3)  approval of the executive director or deputy executive director of the department; or
(4)  commission rules.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 15(a), eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter F. -1. Compliance Program › Section 201.454. Reports

Sec. 201.454.  REPORTS.  (a)  The compliance office shall report directly to the commission regarding performance of and activities related to investigations and provide the director with information regarding investigations as appropriate.
(b)  The director of the compliance office shall present to the commission at each regularly scheduled commission meeting and at other appropriate times:
(1)  reports of investigations; and
(2)  a summary of information relating to investigations conducted under this subchapter that includes analysis of the number, type, and outcome of investigations, trends in investigations, and recommendations to avoid future complaints.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 15(a), eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter F. -1. Compliance Program › Section 201.455. Cooperation With Law Enforcement Officials and Other Entities

Sec. 201.455.  COOPERATION WITH LAW ENFORCEMENT OFFICIALS AND OTHER ENTITIES.  (a)  The director of the compliance office shall provide information and evidence relating to criminal acts to the state auditor's office and appropriate law enforcement officials.
(b)  The director of the compliance office shall refer matters for further civil, criminal, and administrative action to appropriate administrative and prosecutorial agencies, including the attorney general.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 15(a), eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter F. -1. Compliance Program › Section 201.456. Authority of State Auditor

Sec. 201.456.  AUTHORITY OF STATE AUDITOR.  This subchapter or other law related to the operation of the department's compliance program does not preempt the authority of the state auditor to conduct an audit or investigation under Chapter 321, Government Code, or other law.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 15(a), eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter G. Records › Section 201.501. Reproduction of Records

Sec. 201.501.  REPRODUCTION OF RECORDS.  (a)  The department may photograph, microphotograph, or film any record that pertains to department operations.
(b)  The department may create original records in micrographic form on media, such as computer output microfilm.
(c)  The department shall provide an adequate number of microfilm readers and printers to allow the public convenient and inexpensive access to records created under Subsection (a).  The department shall index the records alphabetically, by number, by subject matter, or by other appropriate references and shall provide the index to the public to promote convenient access.
(d)  A photograph, microphotograph, or film of a record reproduced under Subsection (a) is equivalent to the original record for all purposes, including introduction as evidence in all courts and administrative agency proceedings.  A certified or authenticated copy of such a photograph, microphotograph, or film is admissible as evidence equally with the original photograph, microphotograph, or film.
(e)  The director or an authorized representative may certify the authenticity of a photograph, microphotograph, or film of a record reproduced under this section and shall charge a fee for the certified photograph, microphotograph, or film as provided by law.
(f)  Certified records shall be furnished to any person who is authorized by law to receive them.
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 G. Records › Section 201.502. Retention of Deed

Sec. 201.502.  RETENTION OF DEED.  A deed that conveys any interest in real property to the state for a highway purpose shall be deposited and retained in the Austin office of the department.
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 G. Records › Section 201.503. Disposal of Records

Sec. 201.503.  DISPOSAL OF RECORDS.  Unless otherwise required by law, and subject to Chapter 441, Government Code, the department may dispose of or destroy a record that the department determines is not required for the performance of the department's duties and functions.
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 H. Plans and Projects › Section 201.601. Statewide Transportation Plan

Sec. 201.601.  STATEWIDE TRANSPORTATION PLAN.  (a)  The department shall develop a statewide transportation plan covering a period of 24 years that contains all modes of transportation, including:
(1)  highways and turnpikes;
(2)  aviation;
(3)  mass transportation;
(4)  railroads and high-speed railroads; and
(5)  water traffic.
(a-1)  The plan must:
(1)  contain specific and clearly defined transportation system strategies, long-term transportation goals for the state and measurable targets for each goal, and other related performance measures;
(2)  identify priority corridors, projects, or areas of the state that are of particular concern to the department in meeting the goals established under Subdivision (1); and
(3)  contain a participation plan specifying methods for obtaining formal input on the goals and priorities identified under this subsection from:
(A)  other state agencies;
(B)  political subdivisions;
(C)  local transportation entities; and
(D)  the general public.
(b)  As appropriate, the department and the entities listed in Subsection (a-1)(3) shall enter into a memorandum of understanding relating to the planning of transportation services.
(c)  The plan must include a component that is not financially constrained and identifies transportation improvements designed to relieve congestion.  In developing this component of the plan, the department shall seek opinions and assistance from officials who have local responsibility for modes of transportation listed in Subsection (a).
(d)  In selecting transportation projects, the department shall consider the transportation system strategies, goals and measurable targets, and other related performance measures established under Subsection (a-1)(1).
(e)  The department annually shall provide to the lieutenant governor, the speaker of the house of representatives, and the chair of the standing committee of each house of the legislature with primary jurisdiction over transportation issues an analysis of the department's progress in attaining the goals under Subsection (a-1)(1).  The department shall make the information under this subsection available on its Internet website.
(f)  The department shall update the plan every four years or more frequently as necessary.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 19.01, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 16, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 4, 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 H. Plans and Projects › Section 201.6011. International Trade Corridor Plan

Sec. 201.6011.  INTERNATIONAL TRADE CORRIDOR PLAN.  (a)  To the extent possible, the department shall coordinate with appropriate entities to develop an integrated international trade corridor plan.  The plan must:
(1)  include strategies and projects to aid the exchange of international trade using the system of multiple transportation modes in this state;
(2)  assign priorities based on the amount of international trade, measured by weight and value, using the transportation systems of this state, including:
(A)  border ports of entry;
(B)  commercial ports;
(C)  inland ports;
(D)  highways;
(E)  pipelines;
(F)  railroads; and
(G)  deepwater gulf ports; and
(3)  address implementation of the recommendations of the Border Trade Advisory Committee under Section 201.114.
(b)  The department shall update the plan biennially and report on the implementation of this section to the presiding officer of each house of the legislature no later than December 1 of each even-numbered year.
Added by Acts 2003, 78th Leg., ch. 312, Sec. 78(a), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 791 (S.B. 183), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter H. Plans and Projects › Section 201.6012. Coordination of Statewide Passenger Rail System

Sec. 201.6012.  COORDINATION OF STATEWIDE PASSENGER RAIL SYSTEM.  To facilitate the development and interconnectivity of rail systems in this state, the department shall coordinate activities regarding the planning, construction, operation, and maintenance of a statewide passenger rail system.  The department shall coordinate with other entities involved with passenger rail systems, including governmental entities, private entities, and nonprofit corporations.
Added by Acts 2009, 81st Leg., R.S., Ch. 801 (S.B. 1382), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter H. Plans and Projects › Section 201.6013. Long-Term Plan for Statewide Passenger Rail System

Sec. 201.6013.  LONG-TERM PLAN FOR STATEWIDE PASSENGER RAIL SYSTEM.  (a)  The department shall:
(1)  prepare a long-term plan for a statewide passenger rail system; and
(2)  update the plan at least once every five years.
(b)  Information contained in the plan must include:
(1)  a description of existing and proposed passenger rail systems;
(2)  information regarding the status of passenger rail systems under construction;
(3)  an analysis of potential interconnectivity difficulties;
(4)  an analysis of short-term and long-term effects of each proposed passenger rail system on state and local road connectivity, including effects on oversize or overweight vehicles and other commercial traffic;
(5)  an analysis of the effect of each proposed passenger rail system on statewide transportation planning, including the effect on future state and local road construction and road maintenance needs;
(6)  ridership projections for proposed passenger rail projects; and
(7)  ridership statistics for existing passenger rail systems.
Added by Acts 2009, 81st Leg., R.S., Ch. 801 (S.B. 1382), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 5, 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 H. Plans and Projects › Section 201.6015. Integration of Plans and Policy Efforts

Sec. 201.6015.  INTEGRATION OF PLANS AND POLICY EFFORTS.  In developing each of its transportation plans and policy efforts, the department must:
(1)  clearly reference the statewide transportation plan under Section 201.601;
(2)  include in the plan or policy effort the transportation system strategies, goals and measurable targets, and other related performance measures established under Section 201.601(a-1)(1); and
(3)  specify how the plan or policy effort supports the specific goals established under Section 201.601(a-1)(1).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 17, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 6, 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 H. Plans and Projects › Section 201.602. Project Selection Hearings

Sec. 201.602.  PROJECT SELECTION HEARINGS.  The commission annually shall hold hearings on its highway project selection process and the relative importance of the various criteria on which the commission bases its project selection decisions.
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 H. Plans and Projects › Section 201.603. Agreement With Other Agencies for Roads

Sec. 201.603.  AGREEMENT WITH OTHER AGENCIES FOR ROADS.  (a)  On request of the Health and Human Services Commission or the Texas Juvenile Justice Department, the department may enter into agreements with either agency  for the construction, maintenance, or repair of roads in an institution, hospital, or school under the control, management, or supervision of that agency.
(b)  The Health and Human Services Commission or the Texas Juvenile Justice Department may reimburse the appropriate fund of the department for the cost of construction or maintenance performed under Subsection (a).  Before a transfer of an amount under this subsection, the reimbursing agency shall notify in writing the comptroller of the amount to be transferred and the fund from which the amount is to be taken.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 146, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 12.01, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter H. Plans and Projects › Section 201.6035. Authorization to Participate in Certain Federal Transportation Programs

Sec. 201.6035.  AUTHORIZATION TO PARTICIPATE IN CERTAIN FEDERAL TRANSPORTATION PROGRAMS.  (a)  The department may assume responsibilities of the United States Department of Transportation with respect to duties under the National Environmental Policy Act of 1969 (42 U.S.C. Section 4321 et seq.) and with respect to duties under other federal environmental laws.  The department may:
(1)  assume responsibilities under 23 U.S.C. Sections 326 and 327; and
(2)  enter into one or more agreements, including memoranda of understanding, with the United States secretary of transportation related to:
(A)  designating categorical exclusions from federally required environmental assessments or impact statements for highway projects as provided by 23 U.S.C. Section 326; or
(B)  the federal surface transportation project delivery program for the delivery of transportation projects, including highway, railroad, public transportation, and multimodal projects, as provided by 23 U.S.C. Section 327.
(b)  The commission may adopt rules to implement this section and may adopt relevant federal environmental standards as the standards for this state for a program described by Subsection (a).
(c)  Except as provided by Subsection (d), sovereign immunity to suit in federal court and from liability is waived and abolished with regard to the compliance, discharge, or enforcement of a responsibility assumed by the department under this section.
(d)  Subsection (c) does not create liability for the department that exceeds the liability created under 23 U.S.C. Section 326(c)(3) or 327(d).
Added by Acts 2013, 83rd Leg., R.S., Ch. 86 (S.B. 466), Sec. 1, eff. May 18, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter H. Plans and Projects › Section 201.604. Environmental Review

Sec. 201.604.  ENVIRONMENTAL REVIEW.  (a)  The commission by rule shall provide for the commission's environmental review of the department's transportation projects that are not subject to review under the National Environmental Policy Act (42 U.S.C. Section 4321 et seq.).  The rules must provide for:
(1)  public comment on the department's environmental reviews, including the types of projects for which public hearings are required, and a procedure for requesting a public hearing on an environmental review for which a public hearing is not required;
(2)  the department's evaluation of direct and indirect effects of its projects;
(3)  analysis of project alternatives;  and
(4)  a written report that briefly explains the department's decision on a project and that specifies the mitigation measures on environmental harm on which the project is conditioned.
(b)  An environmental review of a project must be conducted before the location or alignment of the project has been adopted.
(c)  The commission shall consider the results of its reviews in executing its duties.
(d)  The department shall coordinate with the Texas Natural Resource Conservation Commission and the Parks and Wildlife Department in preparing an environmental review.  To give those agencies time to respond, the department shall submit the review of a project and the department's mitigation proposals on the project to them for comment before the 30th day preceding the date on which the department issues the written report explaining its decision on that project.
(e)  At least once during each five-year period, the commission, after a public hearing, shall review the rules relating to environmental reviews and make appropriate changes.
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 H. Plans and Projects › Section 201.606. Property in Endangered Species Habitat

Sec. 201.606.  PROPERTY IN ENDANGERED SPECIES HABITAT.  If the department acquires for a transportation project property that is a habitat of one or more species listed as endangered under the Endangered Species Act (16 U.S.C. Section 1531 et seq.) and that is within the boundaries of a regional habitat conservation plan, the department may participate in the regional habitat conservation plan.  If the department does not comply with the regional habitat conservation plan, it shall comply with the Endangered Species Act and the applicable requirements of the United States Fish and Wildlife Service.
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 H. Plans and Projects › Section 201.607. Environmental, Historical, or Archeological Memorandum of Understanding

Sec. 201.607.  ENVIRONMENTAL, HISTORICAL, OR ARCHEOLOGICAL MEMORANDUM OF UNDERSTANDING.  (a)  Not later than January 1, 1997, and every fifth year after that date, the department and each state agency that is responsible for the protection of the natural environment or for the preservation of historical or archeological resources shall examine and revise their memorandum of understanding that:
(1)  describes the responsibilities of each agency entering into the memorandum relating to the review of the potential environmental, historical, or archeological effect of a highway project;
(2)  specifies the responsibilities of each agency entering into the memorandum relating to the review of a highway project;
(3)  specifies the types of information the department must provide to the reviewing agency and the period during which the department must provide the information;
(4)  specifies the period during which the reviewing agency must review the highway project and provide comments to the department, as negotiated by the department and the agency but which may not exceed 45 days after the date the agency receives a request for comments from the department;
(5)  specifies that comments submitted to the department later than the period specified under Subdivision (4) will be considered by the department to the extent possible; and
(6)  includes any other agreement necessary for the effective coordination of the review of the environmental, historical, or archeological effect of a highway project.
(b)  The department and each agency by rule shall adopt all revisions to the memorandum.
(c)  The department by rule shall establish procedures concerning coordination with agencies in carrying out responsibilities under agreements under this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 943 (H.B. 630), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1060 (S.B. 548), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 18(a), eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter H. Plans and Projects › Section 201.608. Projects for Traffic From International Trade

Sec. 201.608.  PROJECTS FOR TRAFFIC FROM INTERNATIONAL TRADE.  (a)  The department annually shall review its proposed road projects to determine whether the projects are adequate to allow for the projected volume of highway traffic resulting from international trade over the five-year period following the date of the review.
(b)  The department may reassign priorities to its projects in accordance with the results of its review.
(c)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1312, Sec. 99(30), eff. September 1, 2013.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 99(30), 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 H. Plans and Projects › Section 201.609. Notice to Legislators of Completed Projects

Sec. 201.609.  NOTICE TO LEGISLATORS OF COMPLETED PROJECTS.  (a)  Not later than the 10th day before the date on which a major road project is scheduled for completion, the department shall provide notice of the location and completion date of the road project to each member of the legislature who represents the county in which the road project is located and who wants to receive the notice.
(b)  The department shall ask each legislator whether the legislator wants to receive notices 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 201 - General Provisions and Administration › Subchapter H. Plans and Projects › Section 201.610. Highway Sound Barriers

Sec. 201.610.  HIGHWAY SOUND BARRIERS.  The department may erect a sound barrier to reduce the noise from a road or highway in the state highway system at any location the department determines is appropriate, including along the right-of-way of a railroad that runs parallel or adjacent to a road or highway.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.39, 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 H. Plans and Projects › Section 201.611. Coordination of Flood Control

Sec. 201.611.  COORDINATION OF FLOOD CONTROL.  In the construction of its highway projects, the department shall coordinate with local flood control authorities to minimize the impact of flooding.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.40, 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 H. Plans and Projects › Section 201.615. Design Considerations

Sec. 201.615.  DESIGN CONSIDERATIONS.  (a)  The department shall consider the following factors when developing transportation projects that involve the construction, reconstruction, rehabilitation, or resurfacing of a highway, other than a maintenance resurfacing project:
(1)  the extent to which the project promotes safety;
(2)  the durability of the project;
(3)  the economy of maintenance of the project;
(4)  the impact of the project on:
(A)  the natural and artificial environment;
(B)  the scenic and aesthetic character of the area in which the project is located;
(C)  preservation efforts; and
(D)  each affected local community and its economy;
(5)  the access for other modes of transportation, including those that promote physically active communities; and
(6)  except as provided by Subsection (c), the aesthetic character of the project, including input from each affected local community.
(b)  The commission shall adopt rules to implement this section.
(c)  Subsection (a)(6) does not apply to transportation projects that involve the rehabilitation or resurfacing of a bridge or highway.
Added by Acts 2001, 77th Leg., ch. 1264, Sec. 1, eff. Sept. 1, 2001.  Renumbered from Transportation Code Sec. 201.614 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(125), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.05, 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 H. Plans and Projects › Section 201.616. Annual Report to Legislature on Certain Matters

Sec. 201.616.  ANNUAL REPORT TO LEGISLATURE ON CERTAIN MATTERS.  (a)  Not later than December 1 of each year, the department shall submit a report to the legislature that details:
(1)  the expenditures made by the department in the preceding state fiscal year in connection with:
(A)  the unified transportation program of the department;
(B)  turnpike projects and toll roads of the department;  and
(C)   rail facilities described in Chapter 91;
(2)  the amount of bonds or other public securities issued for transportation projects;  and
(3)  the direction of money by the department to a regional mobility authority in this state.
(b)  The report must break down information under Subsection (a)(1)(A) by program category and department district.  The report must break down information under Subsections (a)(1)(B) and (C) and Subsection (a)(3) by department district.  The report must break down information under Subsection (a)(2) by department district and type of project.
(c)  The report may be submitted in an electronic format.
Added by Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 5.02, eff. Jan. 11, 2004.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 259 (H.B. 1201), Sec. 4, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 201 - General Provisions and Administration › Subchapter H. Plans and Projects › Section 201.617. Mitigation of Adverse Environmental Impacts

Sec. 201.617.  MITIGATION OF ADVERSE ENVIRONMENTAL IMPACTS.  (a)  If authorized by an applicable regulatory authority, to mitigate an adverse environmental impact that is a direct result of the construction, improvement, or maintenance of a state highway or the construction, improvement, or maintenance of a facility used in connection with the construction, maintenance, or operation of a state highway, the department may:
(1)  pay a fee to an appropriate public agency or private entity in lieu of acquiring or agreeing to manage property;
(2)  transfer any interest in real property to an appropriate public agency or private entity, as authorized by the regulatory authority that requires the mitigation, with or without monetary consideration if the property is used or is proposed to be used for mitigation purposes; or
(3)  contract with any public or private entity for the management of property owned by the department and used for mitigation purposes.
(a-1)  Before the commission may acquire by purchase or condemnation real property to mitigate an adverse environmental impact that is a direct result of a state highway improvement project, the department shall, if authorized by an applicable regulatory authority, offer to purchase a conservation easement from the owner of the real property.  If the landowner does not accept the offer to execute a conservation easement before the 61st day after the date the offer is made, the department may acquire the property by purchase or condemnation.
(b)  A contract under this section is not subject to Chapter 771, Government Code.
(c)  In this section, "management" means administration, control, or maintenance that is required by an agency of the United States.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 922, Sec. 2, eff. June 14, 2001.
Transferred from Transportation Code, Section 203.004 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.07, eff. June 14, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 738 (S.B. 448), Sec. 1, eff. June 19, 2009.