reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 16 - PLANNING AND DEVELOPMENT OF TRANSPORTATION PROJECTS › Subchapter A - GENERAL PROVISIONS › Section 16.4 - Introduction

Current through Reg. 49, No. 28; July 12, 2024
(a) Explanation of process. An effective
				  transportation planning and programming process requires continuous cooperation
				  among many state, local, and federal transportation entities and the
				  integration of numerous requirements imposed by state and federal law. It is a
				  multi-step process that is more dynamic than static and more circular than
				  linear. The process includes development by the department, metropolitan
				  planning organizations (MPO), and rural planning organizations (RPO) of
				  separate but interrelated long-range planning documents that identify projects,
				  strategies, and transportation needs, mid-range programming documents that
				  contain a listing of prioritized projects expected to be ready for
				  implementation in identified future years, and short-range programming
				  documents that contain a listing of prioritized projects that are likely to be
				  implemented. Underlying the planning and programming process is the need to
				  develop reliable financial assumptions and forecasts for common use by all
				  participants at all levels of the process. Finally, there is the allocation of
				  available state and federal resources by the department and MPOs to fund
				  individual projects that will address the long-range needs and goals. Strategic
				  performance measures are used to monitor and evaluate the effectiveness of the
				  process and its participants and to identify areas that need
				  improvement.
(b) Document overview.
				  The planning and programming process involves a number of documents that have
				  similar names and overlapping functions.
(1)
				  In this chapter, unless the context indicates otherwise, the words plan or
				  planning refer to documents that identify projects, strategies, and
				  transportation needs over an extended period of years to provide for the
				  ultimate development and implementation of an integrated multimodal
				  transportation system. Long-range planning documents include the:
(A) statewide long-range transportation plan
				  (SLRTP); and
(B) metropolitan
				  transportation plan (MTP), which includes a mid-range component covering a
				  period of ten years.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 16 - PLANNING AND DEVELOPMENT OF TRANSPORTATION PROJECTS › Subchapter B - TRANSPORTATION PLANNING › Section 16.52 - Unified Planning Work Program (UPWP)

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Planning activities. Under 23 C.F.R. Part 450, an MPO is required to document
				  planning activities in a unified planning work program (UPWP) to indicate who
				  will perform the work, the schedule for completing it, and all products that
				  will be produced. The department is responsible for assisting in the
				  development of the UPWP, approving the format of work programs submitted by
				  metropolitan planning organizations (MPOs), and, where required by federal law
				  or regulation, monitoring an MPO's performance of activities and expenditure of
				  funds under a UPWP. Where monitoring is not required, the department is
				  responsible for reviewing an MPO's activities and expenditure of funds, and
				  will comment on and make suggestions relating to those activities and
				  expenditures.
(1) Requirements. An MPO, in
				  cooperation with the department and public transportation operators as defined
				  by 23 C.F.R. Part 450, must annually or biennially develop a UPWP that meets
				  federal requirements.
(2) UPWP
				  development. The department will develop a time line for development of the
				  UPWP by the MPOs. Failure to adhere to the time line may result in a delay in
				  the authorization to the MPOs to proceed in incurring costs.
(3) UPWP format. The department, in
				  consultation with the MPOs, shall develop a standard UPWP format to be used by
				  all MPOs. UPWPs submitted in a different format will not be approved.
(4) UPWP approval and revisions. The MPO
				  policy board must approve the UPWP and any subsequent revisions, and shall not
				  delegate the approval authority.
(5) Annual performance and expenditure
				  report. To allow the department to monitor work programs, the MPOs shall
				  prepare and submit to the department an annual performance and expenditure
				  report of progress no later than December 15 of each year. A uniform format for
				  the annual report will be established by the department, in consultation with
				  the MPOs.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 16 - PLANNING AND DEVELOPMENT OF TRANSPORTATION PROJECTS › Subchapter B - TRANSPORTATION PLANNING › Section 16.53 - Metropolitan Transportation Plan (MTP)

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Requirements. Pursuant to 23 C.F.R. Part 450, each metropolitan planning
				  organization (MPO) shall develop a metropolitan transportation plan (MTP) to
				  address at least a 20-year planning horizon and include both long-range and
				  short-range strategies or actions that lead to the development of an integrated
				  intermodal transportation system that facilitates the efficient movement of
				  people and freight. In addition, the MTP will include a mid-range component of
				  projects covering a period of ten years. The MTP is cooperatively developed by
				  the MPO, the department, and public transportation operators as defined by 23
				  C.F.R. Part 450. The MTP must be based on the funding assumptions and forecasts
				  set forth in §
										16.151
				  and §
										16.152 of
				  this chapter (relating to Long-Term Planning Assumptions and Cash Flow
				  Forecast, respectively) as well as reasonably expected local funding options
				  and contingent state, federal, and local funding sources in accordance with
				  federal regulations. The funding assumptions used to develop the ten-year
				  component of the MTP may be subject to review by the department.
(b) Development. Development of a
				  metropolitan transportation plan (MTP) and all updates and revisions shall be
				  conducted in accordance with federal regulations. Each project in the MTP shall
				  be assigned a unique project number.
(c) Approval. Each metropolitan
				  transportation plan must be approved by the applicable MPO. Prior to any
				  approval, there must be adequate opportunity for public involvement in the
				  development of the plan, in accordance with federal regulations.
(d) Submission of new and revised plans.
				  Copies of any new or revised MTPs must be submitted to the governor, or to the
				  department if the governor delegates this authority to the commission, for
				  information purposes. Copies must also be provided to the FHWA, FTA, and other
				  applicable federal agencies.
(e)
				  MTP public participation. Each MPO will develop a public participation process
				  covering the development of an MTP in accordance with federal regulations. The
				  MPOs shall also use the same process in amending the MTP.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 16 - PLANNING AND DEVELOPMENT OF TRANSPORTATION PROJECTS › Subchapter B - TRANSPORTATION PLANNING › Section 16.54 - Statewide Long-Range Transportation Plan (SLRTP)

Current through Reg. 49, No. 28; July 12, 2024
(a) General. In compliance with Title
				  23 U.S.C.
				  §
											135, as implemented by 23 C.F.R. Part
				  450 and Transportation Code, Chapter 201, Subchapter H, the department will
				  develop a statewide long-range transportation plan (SLRTP) covering a minimum
				  forecast period of 24 years that provides for the development and
				  implementation of a transportation system and contains all modes of
				  transportation, including:
(1) the systems
				  and facilities for highways and toll roads, aviation, public transportation,
				  railroads and high-speed railroads, waterways, pedestrian walkways, and bicycle
				  transportation facilities; and
(2)
				  the transportation users of each type of transportation
				  facility.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 16 - PLANNING AND DEVELOPMENT OF TRANSPORTATION PROJECTS › Subchapter B - TRANSPORTATION PLANNING › Section 16.56 - Texas Highway Trunk System

Current through Reg. 49, No. 28; July 12, 2024
Routes to be included in and developed as a part of the
					 Texas Highway Trunk System shall be chosen by the commission as recommended by
					 the executive director based on one or more of the criteria set out in this
					 section. To be included in the Texas Highway Trunk System the commission will
					 give consideration to routes:
(1)
				  maximizing the use of existing four-lane divided roadways;
(2) minimizing circuitous or indirect
				  routing;
(3) connecting with
				  principal roadways from adjacent states;
(4) connecting with principal deep water
				  ports with channel depths of 40 feet or more;
(5) connecting with principal Mexican ports
				  of entry;
(6) serving significant
				  military or other national security installations;
(7) serving tourism or recreational
				  areas;
(8) comprising major truck
				  routes;
(9) which are within 25
				  miles or less of cities of 10,000 population or greater;
(10) closing gaps in the existing state
				  highway system; and
(11) providing
				  system connectivity.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 16 - PLANNING AND DEVELOPMENT OF TRANSPORTATION PROJECTS › Subchapter B - TRANSPORTATION PLANNING › Section 16.57 - Responsibilities of the Department

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  department will review the ten-year transportation plan component of each MPO's
				  metropolitan transportation plan prior to policy board adoption of a new MTP or
				  the revision of an existing MTP.
(b) The department will provide appropriate
				  direct access to each MPO for those information systems that facilitate the
				  MPO's accomplishment of statewide transportation goals. This access will be
				  granted for the sole purpose of managing projects and transportation
				  programs.
(c) On an annual basis,
				  the department shall provide each MPO a listing of project evaluation data used
				  for performance-based project planning and project selection. The department
				  will provide access to this data for the sole purpose of assessing the quality
				  and consistency of the data.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 16 - PLANNING AND DEVELOPMENT OF TRANSPORTATION PROJECTS › Subchapter C - TRANSPORTATION PROGRAMS › Section 16.103 - Statewide Transportation Improvement Program (STIP)

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. Title
				  23 U.S.C.
				  §
											135, as implemented by 23 C.F.R. Part
				  450, requires each state to carry out a continuing, comprehensive, and
				  intermodal statewide transportation planning process that facilitates the
				  efficient, economic movement of people and freight in all areas of the state,
				  including those areas subject to federal metropolitan planning
				  requirements.
(b) Statewide
				  transportation improvement program (STIP) development. The department, in
				  cooperation with the MPOs designated for metropolitan areas and RPOs designated
				  for areas that are not within the boundaries of an MPO, will develop a STIP
				  covering a period of four years for all areas of the state in accordance with
				  federal requirements. The STIP includes all of the transportation improvement
				  programs (TIP) and rural transportation improvement programs (RTIP) approved in
				  accordance with requirements established in §
										16.101
				  and §
										16.102
				  of this subchapter (relating to Transportation Improvement Program (TIP) and
				  Rural Transportation Improvement Program (RTIP), respectively). The STIP shall
				  include, to the maximum extent practicable, a description of the anticipated
				  effect of the STIP toward achieving the federal performance targets and a
				  demonstration of the link between the investment priorities to those
				  performance targets.
(1) Projects included.
(A) A highway or transit project funded under
				  Title 23 U.S. Code or the Federal Transit Act (49 U.S.C.
				  §
													5307 et seq.) will be included in a
				  federally approved STIP. A project in the STIP will be consistent with the
				  statewide long-range transportation plan, metropolitan transportation plan, and
				  transportation improvement program, and the STIP will reflect expected funding
				  and priorities for programming.
(B)
				  Projects that are not considered by the department and MPO to be of appropriate
				  scale for individual identification in a given program year (e.g., minor
				  rehabilitation, preventive maintenance, non-urbanized transit projects) may be
				  grouped by function, geographic area, or work type.
(C) In a nonattainment area, only those
				  projects determined to conform to the requirements of the Clean Air Act and
				  which comply with the state implementation plan may be included in the
				  STIP.
(D) Regionally significant
				  projects to be funded with non-federal funds will be included in the STIP for
				  planning, coordination, and public disclosure purposes.
(E) Projects may be excluded from the STIP by
				  agreement between the department and the MPO in accordance with requirements
				  established in §
												16.101(d)
				  of this subchapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 16 - PLANNING AND DEVELOPMENT OF TRANSPORTATION PROJECTS › Subchapter C - TRANSPORTATION PROGRAMS › Section 16.104 - Ten-Year Transportation Programming Recommendations for Non-Metropolitan Areas

Current through Reg. 49, No. 28; July 12, 2024
A rural planning organization (RPO) shall make
					 recommendations to the department concerning the prioritization of projects and
					 programs in the department's unified transportation program under §
										16.105
					 of this subchapter (relating to Unified Transportation Program (UTP)) to be
					 developed within the boundaries of the RPO. For an area that is outside of the
					 boundaries of an MPO and an RPO, the programming recommendations will be made
					 by the department. All recommendations shall be delivered to the department at
					 the times and in the manner and format established by the department and must
					 include a prioritized list of projects with input from officials of affected
					 municipalities, counties, and local transportation entities.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 16 - PLANNING AND DEVELOPMENT OF TRANSPORTATION PROJECTS › Subchapter C - TRANSPORTATION PROGRAMS › Section 16.105 - Unified Transportation Program (UTP)

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  General. The department will develop a unified transportation program (UTP)
				  that covers a period of ten years to guide the development and authorize
				  construction and maintenance of transportation projects and projects involving
				  aviation, public transportation, and the state's waterways and coastal waters.
				  In developing the UTP, the department will collaborate with local
				  transportation entities and public transportation operators as defined by 23
				  C.F.R. Part 450.
(b) Requirements.
				  The UTP will:
(1) be financially constrained
				  for planning and development purposes based on the planning cash flow forecast
				  prepared and published in accordance with §
											16.152(a) of this
				  subchapter (relating to Cash Flow Forecasts);
(2) list estimated funding levels and the
				  allocation of funds to each district, metropolitan planning organization (MPO),
				  and other authorized entity for each year in accordance with Subchapter D of
				  this chapter (relating to Transportation Funding);
(3) list all projects and programs that the
				  department intends to develop, or on which the department intends to initiate
				  construction or maintenance, during the UTP period, and the applicable funding
				  category to which a project or program is assigned, after consideration of the:
(A) statewide long-range transportation plan
				  (SLRTP);
(B) metropolitan
				  transportation plans (MTP);
(C)
				  transportation improvement programs (TIP);
(D) MPO annual reevaluations of project
				  selection in MTPs and TIPs, if any, in accordance with subsection (c) of this
				  section;
(E) statewide
				  transportation improvement program (STIP);
(F) recommendations of rural planning
				  organizations (RPO) as provided in this subchapter; and
(G) list of major transportation projects in
				  accordance with §
												16.106 of this subchapter
				  (relating to Major Transportation Projects); and
(4) designate the priority ranking within a
				  program funding category of each listed project in accordance with subsection
				  (d)(2) of this section.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 16 - PLANNING AND DEVELOPMENT OF TRANSPORTATION PROJECTS › Subchapter C - TRANSPORTATION PROGRAMS › Section 16.106 - Major Transportation Projects

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Criteria. For the purposes of this chapter, a major transportation project is
				  the planning, engineering, right of way acquisition, expansion, improvement,
				  addition, or contract maintenance, other than the routine or contracted routine
				  maintenance, of a bridge, highway, toll road, or toll road system on the state
				  highway system that fulfills or satisfies a particular need, concern, or
				  strategy of the department in meeting the transportation goals established
				  under §
										16.105
				  of this subchapter (relating to Unified Transportation Program (UTP)). A
				  project may be designated by the department as a major transportation project
				  if it meets the criteria specified in
				  23 U.S.C.
				  106(h).
(b) List of projects. The list of major
				  transportation projects, if any new major transportation projects are
				  designated by the department, will be annually updated and incorporated into
				  the unified transportation program in accordance with §
										16.105
				  of this subchapter.
(c) Benchmarks.
				  The progress of a major transportation project will be tracked and evaluated in
				  accordance with §
										16.202
				  of this chapter (relating to Reporting System for Delivery of Individual
				  Projects) based on benchmarks for planning, implementation, and construction of
				  the project and timelines developed for that project. The benchmarks will
				  include the:
(1) environmental clearance
				  issued by the applicable federal or state authority;
(2) acquisition or possession of right of way
				  parcels sufficient to proceed to construction in accordance with planned
				  construction phasing;
(3)
				  adjustment of utility facilities or coordination of adjustment sufficient to
				  proceed to construction in accordance with planned construction
				  phasing;
(4) 100 percent completion
				  of plans, specifications, and estimates or to the level of completion
				  sufficient to proceed with the award of a design-build contract in accordance
				  with §
											9.153
				  of this title (relating to Solicitation of Proposals);
(5) award of construction contract by the
				  commission; and
(6) completion of
				  construction.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 16 - PLANNING AND DEVELOPMENT OF TRANSPORTATION PROJECTS › Subchapter D - TRANSPORTATION FUNDING › Section 16.151 - Long-Term Planning Assumptions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Development. The department, in collaboration with local transportation
				  entities, will develop mutually acceptable assumptions for the purposes of
				  long-range federal and state funding forecasts that are consistent with the
				  project selection criteria prescribed under §
										16.105(d)
				  of this chapter (relating to Unified Transportation Program (UTP)). The
				  department and each planning organization will use those funding assumptions to
				  coordinate and guide development of the metropolitan transportation plans,
				  statewide long-range transportation plan, transportation improvement programs,
				  rural transportation improvement programs, statewide transportation improvement
				  program, and unified transportation program under §§16.53 - 16.54,
				  16.101 - 16.103, and 16.105 of this chapter (relating to Metropolitan
				  Transportation Plan (MTP), Statewide Long-Range Transportation Plan (SLRTP),
				  Transportation Improvement Program (TIP), Rural Transportation Improvement
				  Program (RTIP), and Statewide Transportation Improvement Program (STIP),
				  respectively).
(b) Factors. The
				  assumptions will include the following factors:
(1) anticipated level of available state gas
				  tax revenues to be deposited to the credit of the state highway fund;
(2) anticipated level of registration fees
				  and other state non-gas tax revenues to be deposited to the credit of the state
				  highway fund;
(3) anticipated level
				  of federal transportation funding; and
(4) other factors considered appropriate by
				  the commission for projection of available funding.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 16 - PLANNING AND DEVELOPMENT OF TRANSPORTATION PROJECTS › Subchapter D - TRANSPORTATION FUNDING › Section 16.152 - Cash Flow Forecasts

Current through Reg. 49, No. 28; July 12, 2024
(a) Planning
				  cash flow forecast. On or before September 1 of each year, the department's
				  chief financial officer will issue a planning cash flow forecast for each
				  source of funding that covers a period of not less than the 20 years following
				  the date the forecast is issued and is based on the funding assumptions
				  developed under §
										16.151
				  of this subchapter (relating to Long-Term Planning Assumptions).
(b) Base cash flow forecast. On or before
				  September 1 of each year, the department's chief financial officer will issue a
				  base cash flow forecast for each source of funding to guide the development of
				  the letting schedule that covers a period of not less than two years following
				  the date the forecast is issued.
(c) Requirements. Each forecast must
				  identify:
(1) all state and federal sources of
				  funding available for transportation projects and projects involving aviation,
				  public transportation, rail, and the state's waterways and coastal waters,
				  including bond proceeds; and
(2)
				  any limitations imposed by state or federal law on the use of the identified
				  source.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 16 - PLANNING AND DEVELOPMENT OF TRANSPORTATION PROJECTS › Subchapter D - TRANSPORTATION FUNDING › Section 16.153 - Funding Categories

Current through Reg. 49, No. 28; July 12, 2024
(a) Highway program
				  funding categories. The ten-year unified transportation program (UTP) described
				  in §
										16.105
				  of this chapter (relating to Unified Transportation Program (UTP)) will contain
				  the following 12 program funding categories for highway related projects:
(1) Category 1 Preventive Maintenance and
				  Rehabilitation - preventive maintenance and rehabilitation on the existing
				  state highway system, including:
(A)
				  Preventive maintenance - minor roadway modifications to improve operations and
				  safety; and
(B) Rehabilitation -
				  installation, rehabilitation, replacement, and maintenance of pavement,
				  bridges, traffic control devices, traffic management systems, and ancillary
				  traffic devices;
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 16 - PLANNING AND DEVELOPMENT OF TRANSPORTATION PROJECTS › Subchapter D - TRANSPORTATION FUNDING › Section 16.154 - Transportation Allocation Funding Formulas

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Formula allocations. The commission will, subject to the mandates of state and
				  federal law, allocate funds from program funding Categories 1, 2, 4, 5, 7, 9,
				  and 11, as described in §
										16.153 of this subchapter
				  (relating to Funding Categories), to the districts and metropolitan planning
				  organizations (MPO) as follows:
(1) Category 1
				  Preventive Maintenance and Rehabilitation - will be allocated to all districts
				  as an allocation program according to the following formulas:
(A) Preventive maintenance.
(i) Ninety-eight percent for roadway
				  maintenance with 65 percent based on on-system lane miles, and 33 percent based
				  on the pavement distress score Pace factor; and
(ii) Two percent for bridge maintenance based
				  on square footage of on-system span bridge deck area;
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 16 - PLANNING AND DEVELOPMENT OF TRANSPORTATION PROJECTS › Subchapter D - TRANSPORTATION FUNDING › Section 16.155 - Surplus Revenue and Contract Payments Not Allocated by Formula

Current through Reg. 49, No. 28; July 12, 2024
Revenue to which Transportation Code, Chapter 228 applies
					 is allocated in accordance with that chapter and is not considered revenue to
					 be allocated by a formula under §
										16.154
					 of this subchapter (relating to Transportation Allocation Funding
					 Formulas).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 16 - PLANNING AND DEVELOPMENT OF TRANSPORTATION PROJECTS › Subchapter D - TRANSPORTATION FUNDING › Section 16.156 - Limitation on Allocation of Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) Toll
				  project conditions. Neither the commission nor the department may require that
				  a toll project be included in a region's transportation plan or program as a
				  condition for the allocation of funds for the construction of projects in the
				  region.
(b) Limitations on
				  allocation decrease. Neither the commission nor the department may:
(1) revise a formula or otherwise reduce
				  funding as provided in the unified transportation program under §
											16.105
				  of this chapter (relating to Unified Transportation Program (UTP)), or a
				  successor program, in a manner that results in a decrease of an allocation to a
				  district or metropolitan planning organization (MPO) because of:
(A) the failure of a region to include toll
				  projects in a region's transportation plan or program;
(B) participation by a political subdivision
				  in the funding of a transportation project in the region, including the use of
				  money collected in a transportation reinvestment zone (TRZ) under
				  Transportation Code, §§
												222.106
				  -
				  222.108;
				  or
(C) payments, project savings,
				  refinancing dividends, and any other revenue received by the commission or the
				  department under a comprehensive development agreement, or surplus revenue of a
				  state toll project or system, and used to finance the construction,
				  maintenance, or operation of transportation projects or air quality projects in
				  the region; or
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 16 - PLANNING AND DEVELOPMENT OF TRANSPORTATION PROJECTS › Subchapter D - TRANSPORTATION FUNDING › Section 16.157 - Use of Allocated Funds

Current through Reg. 49, No. 28; July 12, 2024
The funds allocated to a district or metropolitan planning
					 organization (MPO) under §
										16.154
					 of this subchapter (relating to Transportation Allocation Funding Formulas) may
					 be used to:
(1) pay project costs,
				  provide toll equity, or make payments under a pass-through toll agreement, for
				  selected transportation projects; or
(2) fund operation costs of an MPO in
				  accordance with §
										16.52
				  of this chapter (relating to Unified Planning Work Program (UPWP)).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 16 - PLANNING AND DEVELOPMENT OF TRANSPORTATION PROJECTS › Subchapter D - TRANSPORTATION FUNDING › Section 16.158 - Encumbrance of Allocated Funds

Current through Reg. 49, No. 28; July 12, 2024
The allocation of funds to a district or metropolitan
					 planning organization will be encumbered in an amount equal to the district
					 engineer's estimate of the project cost and periodically adjusted to
					 reflect:
(1) the bid award;
(2) any change orders issued during
				  construction that modify the bid award; and
(3) the total amount paid for a project when
				  it is completed and closed out.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 16 - PLANNING AND DEVELOPMENT OF TRANSPORTATION PROJECTS › Subchapter D - TRANSPORTATION FUNDING › Section 16.159 - Voluntary Transfer of Allocated Funds

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Transfer of allocated funds. Under this section, a metropolitan planning
				  organization (MPO) may voluntarily transfer funds allocated to it under §
										16.154
				  of this subchapter (relating to Transportation Allocation Funding Formulas) to
				  another MPO.
(b) Transfer
				  agreement. An agreement for the transfer of allocated funds must be written,
				  executed by both MPOs, and approved by the executive director. The agreement
				  must include:
(1) the amount of funding to be
				  transferred and the program funding category described in §
											16.153 of this
				  subchapter (relating to Funding Categories) from which it will be
				  re-allocated;
(2) the total amount
				  of funds to be reimbursed from allocations to the recipient MPO in future
				  years, the applicable program funding category, the reimbursement period, and
				  the payment schedule; and
(3) a
				  description of the project or projects to be developed with the transferred
				  funds, including the project limits, connections with other transportation
				  facilities, and the geographic area affected.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 16 - PLANNING AND DEVELOPMENT OF TRANSPORTATION PROJECTS › Subchapter D - TRANSPORTATION FUNDING › Section 16.160 - Funding Allocation Adjustments

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Changes in funding. Changes in the allocation of funds under §
										16.153 or
				  §
										16.154
				  of this subchapter (relating to Funding Categories and Transportation
				  Allocation Funding Formulas, respectively) may result from significant changes
				  in the department's funding and consideration of performance results.
(b) Allocation revisions. If a significant
				  change in funding is identified by the department's chief financial officer in
				  an updated planning cash flow forecast prepared and published in accordance
				  with §
										16.152(a)
				  of this subchapter (relating to Cash Flow Forecasts), the commission may revise
				  the allocation of funds to each program funding category or from the program
				  funding categories to the districts and metropolitan planning organizations
				  (MPO) and may approve:
(1) a specific
				  percentage increase or decrease in the allocation of funds and, subject to the
				  mandates of state and federal law, apply the percentage change equally to each
				  program funding category; or
(2) an
				  increase or decrease in the allocation of funds to one or more program funding
				  categories, after considering the:
(A) total
				  amount of the change;
(B) priority
				  of the funding category based on performance results and the category's
				  relationship to the stated commission goals as provided in the statewide
				  long-range transportation plan under §
												16.54
				  of this chapter (relating to Statewide Long-Range Transportation Plan
				  (SLRTP));
(C) mandates of state and
				  federal law; and
(D) best interests
				  of the state.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 16 - PLANNING AND DEVELOPMENT OF TRANSPORTATION PROJECTS › Subchapter D - TRANSPORTATION FUNDING › Section 16.161 - Ten-Year Programming Flexibility for Certain Categories

Current through Reg. 49, No. 28; July 12, 2024
(a) Category 2 Metropolitan and Urban
				  Corridor Projects and Category 4 Statewide Connectivity Corridor Projects.
				  Districts and MPOs may program funding on projects using the full ten-year
				  balance of their respective allocations in categories 2 and 4.
(b) Category 12 Strategic Priority. The
				  commission may authorize the programming of category 12 funds on projects based
				  on and within the constraint of the full ten-year balance of
				  thatcategory.
(c) Subsections (a)
				  and (b) of this section are subject to fiscal and letting constraints, as
				  described in §
										16.105(b)
				  of this chapter (relating to Unified Transportation Program (UTP)) and §
										16.152(b)
				  of this subchapter (relating to Cash Flow Forecasts).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 16 - PLANNING AND DEVELOPMENT OF TRANSPORTATION PROJECTS › Subchapter E - PROJECT, PERFORMANCE, AND FUNDING REPORTING › Section 16.201 - Project, Performance, and Funding Reporting Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) General. The department will establish
				  project, performance, and funding reporting systems that make available in a
				  central location on the department's website information regarding the:
(1) delivery of individual transportation
				  projects as provided in §
											16.202
				  of this subchapter (relating to Reporting System for Delivery of Individual
				  Projects);
(2) operation and
				  condition of the department's statewide transportation system as provided in
				  §
											16.203
				  of this subchapter (relating to Performance Reporting on the Operation and
				  Condition of the Statewide Transportation System); and
(3) funding available for the department's
				  statewide transportation system and actual expenditures related to the system
				  as provided in §
											16.204
				  of this subchapter (relating to Reporting System for Funding and
				  Expenditures).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 16 - PLANNING AND DEVELOPMENT OF TRANSPORTATION PROJECTS › Subchapter E - PROJECT, PERFORMANCE, AND FUNDING REPORTING › Section 16.203 - Performance Reporting on the Operation and Condition of the Statewide Transportation System

Current through Reg. 49, No. 28; July 12, 2024
(a) System
				  performance. The department will develop a set of performance measures for
				  evaluating the effectiveness of its expenditures on the statewide
				  transportation system in achieving the transportation goals identified by the
				  statewide long-range transportation plan under §
										16.54
				  of this chapter (relating to Statewide Long-Range Transportation Plan
				  (SLRTP)).
(b) Performance measures.
				  At a minimum, the performance measures adopted under subsection (a) of this
				  section will include the:
(1) percentage of
				  transportation construction projects for which the project development phases,
				  including environmental clearance, right of way acquisition or possession,
				  utility adjustment or coordination, completion of plans, specifications, and
				  estimates, and award of construction contract are completed on or before the
				  planned implementation timelines and on-budget;
(2) percentage of transportation construction
				  projects for which construction is completed on or before the planned
				  implementation timelines and on-budget;
(3) total dollar amount spent for right of
				  way acquisition as a percentage of the original amount estimated for right of
				  way acquisition;
(4) number of
				  vehicle miles traveled;
(5) peak
				  hour travel congestion in the eight largest metropolitan areas;
(6) number of fatalities per 100 million
				  vehicle miles traveled;
(7)
				  percentage of bridges that have a condition rating of good or better;
(8) dollar amounts deposited to the credit of
				  the state highway fund and disbursements from the fund compared to the amounts
				  forecasted to be deposited and disbursed, respectively;
(9) dollar amounts obligated in connection
				  with contracts or participation in contracts with historically underutilized
				  businesses, disadvantaged business enterprises, and small business enterprises
				  as a percentage of the amounts spent on all contracts; and
(10) percentage of lane miles on the state
				  highway system that have a pavement condition rating of good or
				  better.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 16 - PLANNING AND DEVELOPMENT OF TRANSPORTATION PROJECTS › Subchapter E - PROJECT, PERFORMANCE, AND FUNDING REPORTING › Section 16.204 - Reporting System for Funding and Expenditures

Current through Reg. 49, No. 28; July 12, 2024
(a) Account information system. The
				  department will develop an account information reporting system for tracking
				  money deposited to the credit of each separate account and subaccount of the
				  state highway fund, including subaccounts for toll projects required under
				  Transportation Code, Chapter 228. The account information will include:
(1) the source for the department's funds
				  whether from the state highway fund, bond proceeds, or revenue from a
				  comprehensive development agreement or a toll project, and amount of the
				  deposited funds;
(2) the amount and
				  general type or purpose of expenditure as described in the comptroller's
				  statewide accounting system; and
(3) the balance credited to each account and
				  subaccount.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 16 - PLANNING AND DEVELOPMENT OF TRANSPORTATION PROJECTS › Subchapter E - PROJECT, PERFORMANCE, AND FUNDING REPORTING › Section 16.205 - Department Information Consolidation

Current through Reg. 49, No. 28; July 12, 2024
To the extent practicable and to avoid duplication of
					 reporting requirements, the department may combine the reports required under
					 this subchapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter A - LAND ACQUISITION PROCEDURES › Section 21.1 - Responsible Entity

Current through Reg. 49, No. 28; July 12, 2024
Adequate right-of-way to accommodate the approved design of
					 projects on designated state highways may be acquired directly by the staff of
					 the department, by the utilization of the services of a right of way
					 acquisition provider under contract with the department in accordance with
					 Chapter 9, Subchapter F of this title (relating to Contract Management), or
					 directly by counties or cities in accordance with §
										21.11
					 and §
										21.12
					 of this subchapter. If eminent domain proceedings are necessary, acquisition is
					 handled by the Office of the Attorney General unless a specific acquisition
					 contract or agreement with a county or city provides that the county or city
					 will handle eminent domain proceedings.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter A - LAND ACQUISITION PROCEDURES › Section 21.2 - Controlled Access Highways

Current through Reg. 49, No. 28; July 12, 2024
For highways officially designated as controlled access
					 highways by the Texas Transportation Commission, right-of-way is acquired with
					 access between abutting properties and the highway facility permitted and/or
					 denied in accordance with the approved design of the
					 projects.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter A - LAND ACQUISITION PROCEDURES › Section 21.3 - Title Requirements for Highway Right-of Way

Current through Reg. 49, No. 28; July 12, 2024
It is preferred procedure of the department to acquire fee
					 title, excluding oil, gas and sulphur, to the right-of-way proper. An easement
					 interest will be acquired in land not included in the right-of-way proper which
					 is required for drainage channels, detours, highway construction, or other
					 auxiliaries to the right-of-way.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter A - LAND ACQUISITION PROCEDURES › Section 21.4 - Title Insurance

Current through Reg. 49, No. 28; July 12, 2024
In the acquisition of right of way by the department, title
					 insurance may be purchased if it is available and provided the title company
					 can supply the state's needs without delaying right-of-way acquisition. Fees
					 paid for title insurance will be as established and approved by the Texas
					 Department of Insurance. Additional fees for services that are not specified by
					 the Texas Department of Insurance as being covered by approved title insurance
					 rates may be paid to a title company if the services are reasonably necessary
					 to complete the closing and the fees are commercially
					 reasonable.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter A - LAND ACQUISITION PROCEDURES › Section 21.5 - Designation of Title Agent to Represent Title Companies

Current through Reg. 49, No. 28; July 12, 2024
In order for an agent to sell title insurance to the
					 department the agent's title insurance company must advise the department that
					 the agent is authorized to represent the company in Texas.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter A - LAND ACQUISITION PROCEDURES › Section 21.6 - Use of Abstract Plant Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Whenever
				  title policies cannot be obtained in the normal procedure, the determination of
				  ownership and title defects, if any, are made through the use of abstract plant
				  facilities under contract to the state. The contract may be by the hour or by
				  the parcel depending on departmental needs and preference of the owner of the
				  abstract plant facility. The title examinations may be made by licensed staff
				  attorneys using the abstract facilities or by the abstract company providing a
				  title run sheet directly to the department to be reviewed by other staff of the
				  department.
(b) A bid proposal will
				  be accepted from any abstract plant facility that is willing and able to
				  furnish the desired services, and will be forwarded to the department's Right
				  of Way Division for an administrative decision as to acceptance or
				  rejection.
(c) If the department
				  cannot identify an abstract company that is willing or able to permit licensed
				  staff attorneys to use its facilities or to provide title run sheets directly
				  to the department on a timely basis as described in subsection (a) of this
				  section, the department may contract with any qualified title examiner to
				  provide a title run sheet or other title report, in a form and content
				  acceptable to the district engineer, directly to the department to be reviewed
				  by other staff of the department. A bid proposal may be submitted to the
				  district engineer by any title examiner that is willing and able to furnish the
				  desired services, and will be forwarded to the department's Right of Way
				  Division for an administrative decision as to acceptance or
				  rejection.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter A - LAND ACQUISITION PROCEDURES › Section 21.7 - Donation of Real Property

Current through Reg. 49, No. 28; July 12, 2024
If accepted by the department in accordance with Chapter 1,
					 Subchapter G, of this title (relating to Donations), a person whose real
					 property is being acquired by the department for a highway project may make a
					 gift or donation of the property, or any part of the property. The department
					 will inform the owner of the owner's right to receive just compensation for the
					 property.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter A - LAND ACQUISITION PROCEDURES › Section 21.8 - Minerals

Current through Reg. 49, No. 28; July 12, 2024
In acquiring right-of-way for highway projects, as a
					 general proposition, all minerals will be acquired with the exception of oil,
					 gas, and sulphur. Surface rights to oil, gas, and sulphur will be acquired if
					 there is a whole taking of the surface estate of the owner of these
					 minerals.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter A - LAND ACQUISITION PROCEDURES › Section 21.9 - Taxes

Current through Reg. 49, No. 28; July 12, 2024
When whole properties are acquired for highway right-of-way
					 purposes, payment is to be made of all delinquent taxes using funds withheld
					 from the compensation due the owner. When partial takings are acquired, the
					 department will cooperate with taxing agencies in the payment of all
					 taxes.