reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter A - ETHICS REQUIREMENTS FOR FINANCIAL ADVISORS AND SERVICE PROVIDERS › Section 5.4 - Conflicts of Interest

Current through Reg. 49, No. 28; July 12, 2024
(a) A conflict of
				  interest exists whenever financial advisors and service providers have a
				  personal, private, commercial, or business relationship that could reasonably
				  be expected to diminish their independence of judgment in the performance of
				  their responsibilities for the commission or the department, including where an
				  action taken by the financial advisor or service provider reasonably appears to
				  be influenced by considerations of personal gain or benefit rather than
				  motivated by the interests of the commission and the department.
(b) Financial advisors and service providers
				  shall promptly disclose in writing to the executive director any relationship
				  the financial advisor or service provider has with any party to a transaction
				  with the commission or the department, other than a relationship necessary to
				  the investment or funds management services performed for the commission or the
				  department, when a reasonable person would consider a conflict of interest to
				  exist because of that relationship.
(c) Financial advisors and service providers
				  shall promptly disclose in writing to the executive director all direct or
				  indirect pecuniary interests the financial advisor or service provider has in
				  any party to a transaction with the commission or the department, if the
				  transaction is connected with any services and advice provided to the
				  commission and the department.
(d)
				  Financial advisors and service providers shall annually file with the executive
				  director and the state auditor a statement disclosing each relationship and
				  pecuniary interest described by subsections (b) and (c) of this section, or a
				  statement that no such relationships or pecuniary interests existed during the
				  disclosure period. The statement shall be in the form prescribed by the
				  department or the state auditor. A revised statement shall be promptly filed
				  whenever a new relationship subject to subsection (b) of this section is
				  entered into or a new pecuniary interest subject to subsection (c) of this
				  section is created.
(e) Financial
				  advisors and service providers shall promptly disclose in writing to the
				  executive director any other possible conflicts of interest. Written
				  disclosures sent to the executive director under this subsection or under
				  subsection (b) of this section shall contain actions proposed by the financial
				  advisor or service provider to avoid conflicts of interest. Financial advisors
				  and service providers may not give advice or provide services relating to a
				  matter affected by the possible conflict of interest unless the executive
				  director or designee waives this prohibition in writing.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter A - ETHICS REQUIREMENTS FOR FINANCIAL ADVISORS AND SERVICE PROVIDERS › Section 5.5 - Prohibited Interests and Transactions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Financial advisors and service providers may not, unless waived in writing by
				  the executive director or designee:
(1) have
				  a financial interest in a direct placement investment of state funds;
(2) serve as an officer, director, or
				  employee of an entity in which a direct placement investment of state funds is
				  made; or
(3) serve as a consultant
				  to, or receive any fee, commission, or payment from, an entity in which a
				  direct placement investment of state funds is made.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter A - ETHICS REQUIREMENTS FOR FINANCIAL ADVISORS AND SERVICE PROVIDERS › Section 5.6 - Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) The department shall notify any financial
				  advisor or service provider under contract with the department of the
				  requirements of this subchapter.
(b) Any contract with a financial advisor or
				  service provider shall contain a provision requiring compliance by the
				  financial advisor or service provider with the requirements of this subchapter,
				  and provisions relating to termination of the contract for failure to
				  comply.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter B - COLLECTION OF DEBTS › Section 5.10 - Collection of Debts

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
				  The following words and terms, when used in this section, shall have the
				  following meanings, unless the context clearly indicates otherwise.
(1) Attorney general--The Office of the
				  Attorney General of Texas.
(2)
				  Debtor--Any person liable for an obligation owed to the department or against
				  whom a claim or demand for payment has been made.
(3) Delinquent--Payment is past due by law or
				  by customary business practice, and all conditions precedent to payment have
				  occurred or been performed.
(4)
				  Department--The Texas Department of Transportation.
(5) District--A subdivision of the department
				  responsible for the day-to-day operations of the department in a specific
				  geographically defined area.
(6)
				  Division --An organizational unit in the department's Austin headquarters. The
				  term includes an organizational unit that is designated as an office.
(7) Obligation--A debt, judgment, claim,
				  account, fee, fine, tax, penalty, interest, loan, charge, or grant.
(8) Person--An individual, corporation,
				  organization, business trust, estate, trust, partnership, association, and any
				  other legal entity.
(9)
				  Security--Any right to have property owned by an entity with an obligation to
				  the department sold or forfeited in satisfaction of the obligation, and any
				  instrument granting a cause of action in favor of the department against
				  another entity or that entity's property, such as bond, letter of credit, or
				  other collateral that has been pledged to the department to secure an
				  obligation.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter B - COLLECTION OF DEBTS › Section 5.11 - Charges for Dishonored Checks

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. Business and Commerce Code, Section
				  3.506,
				  authorizes the holder of a dishonored check seeking collection of the face
				  value of the check to charge the drawer or endorser of the check a processing
				  fee in an amount authorized by that section. This section prescribes policies
				  and procedures for the processing of dishonored checks made payable to the
				  department and the collection of fees because of the dishonor of a check made
				  payable to the department.
(b)
				  Definitions. The following words and terms, when used in this section, shall
				  have the following meanings, unless the context clearly indicates otherwise.
(1) Department--The Texas Department of
				  Transportation.
(2) Dishonored
				  check--A check, draft, order, or other instrument that is drawn or made upon a
				  bank or other financial institution, and that is not honored upon presentment
				  because the account upon which the instrument has been drawn or made does not
				  exist or is closed, or does not have sufficient funds or credit for payment of
				  the instrument in full.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter D - PAYMENT OF FEES FOR DEPARTMENT GOODS AND SERVICES › Section 5.41 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Transportation Code, §
										201.208
					 authorizes the commission to adopt rules regarding the method of payment of a
					 fee for any goods sold or services provided by the department, or for the
					 administration of any department program. This subchapter prescribes acceptable
					 payment methods and requirements for payment by that method.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter D - PAYMENT OF FEES FOR DEPARTMENT GOODS AND SERVICES › Section 5.42 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings unless the context clearly
					 indicates otherwise.
(1)
				  Commission--The Texas Transportation Commission.
(2) Department--The Texas Department of
				  Transportation.
(3) Goods and
				  services--Any goods sold or services provided by the department, including the
				  issuance of licenses and permits.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter D - PAYMENT OF FEES FOR DEPARTMENT GOODS AND SERVICES › Section 5.43 - Methods of Payment

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided in subsection (b) of this section, all fees for department goods and
				  services and any fees required in the administration of any department program
				  may be paid to the department:
(1) with a
				  valid credit card issued by a financial institution chartered by a state or the
				  United States;
(2) by electronic
				  funds transfer;
(3) with a personal
				  check, business check, cashier's check, or money order, payable to the Texas
				  Department of Transportation; or
(4) by cash in person at locations made
				  available for that purpose by the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter E - PASS-THROUGH FARES AND TOLLS › Section 5.51 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Transportation Code, §
										222.104(b)
					 authorizes the Texas Department of Transportation to enter into an agreement
					 with a public or private entity that provides for the payment of pass-through
					 tolls to the public or private entity as reimbursement for the design,
					 development, financing, construction, maintenance, or operation of a toll or
					 non-toll facility on the state highway system by the public or private entity.
					 Transportation Code, §
										222.104(c)
					 authorizes the department to enter into an agreement with a private entity that
					 provides for the payment of pass-through tolls to the department as
					 reimbursement for the department's design, development, financing,
					 construction, maintenance, or operation of a toll or non-toll facility on the
					 state highway system by the public or private entity. Transportation Code,
					 §
										91.075(b)
					 authorizes the department to enter into an agreement with a public or private
					 entity that provides for the payment of pass-through fares to the public or
					 private entity as reimbursement for the acquisition, design, development,
					 financing, construction, relocation, maintenance, or operation of a passenger
					 railway facility or a freight railway facility by the entity. This subchapter
					 prescribes the policies and procedures governing the department's
					 implementation of these statutory provisions.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter E - PASS-THROUGH FARES AND TOLLS › Section 5.54 - Participation in the Program

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  commission determines that funds available for use in the pass-through toll
				  program are limited, or other circumstances exist that may impair the ability
				  of entities to equally participate in the program, the commission may
				  periodically limit the periods of time during which the department will accept
				  proposals for projects to be developed and, for each specific period, prescribe
				  conditions for submission and the costs that may be reimbursed under a
				  pass-through agreement.
(b) Upon
				  the commission's designation of a specific period for acceptance of proposals
				  and determination of the applicable conditions, the department will publish a
				  notice in the
Texas Register
soliciting proposals for projects
				  to be developed under a pass-through agreement under this subchapter. The
				  notice will specify:
(1) the deadline for
				  submitting proposals under the notice;
(2) the estimated amount of funds available
				  in the pass-through toll program that can be allocated to proposals submitted
				  under the notice;
(3) whether
				  submissions will be accepted from only public entities or from both public and
				  private entities;
(4) whether
				  submissions will be accepted for only highway projects, only railway projects,
				  or for both highway and railway projects;
(5) the categories of project costs, as
				  described by §
											5.53(a)(11)
				  of this subchapter, that will be considered as eligible for reimbursement;
				  and
(6) any other condition deemed
				  appropriate by the commission.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter E - PASS-THROUGH FARES AND TOLLS › Section 5.55 - Commission Approval to Negotiate

Current through Reg. 49, No. 28; July 12, 2024
The commission may authorize the executive director to
					 negotiate the financial terms of a potential pass-through agreement under this
					 subchapter or, if the proposer is a private entity, authorize the department to
					 solicit competitive proposals under §
										5.56
					 of this subchapter, after considering:
(1) the proposer's proposed financial
				  contribution to the project from sources other than the department, in relation
				  to total project cost;
(2) the
				  geographic area affected;
(3) local
				  public support for the project;
(4)
				  for a highway project, whether the project is included in the department's
				  Unified Transportation Program;
(5)
				  the extent to which the project will relieve congestion on the state highway
				  system;
(6) the potential safety
				  benefit that may be derived from the project;
(7) potential benefits to regional air
				  quality that may be derived from the project;
(8) the compatibility of the proposed project
				  with existing and planned transportation facilities;
(9) the extent to which the project will
				  close gaps in the state transportation system;
(10) whether the entity has or intends to
				  designate a contiguous geographic area in the jurisdiction of the entity as a
				  transportation reinvestment zone under Transportation Code, Chapter 222,
				  Subchapter E, if the proposer is a public entity;
(11) the proposer's proposed amount and
				  period for department reimbursement and proposed pass-through payment
				  schedule;
(12) the economic
				  development potential in the area;
(13) the financial strength of the
				  proposer;
(14) whether the project
				  is part of a hurricane evacuation route;
(15) whether the project has application to a
				  military base realignment or closure;
(16) the experience of the proposer in
				  developing similar transportation projects; and
(17) the relationship of the proposed project
				  to stated commission goals.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter E - PASS-THROUGH FARES AND TOLLS › Section 5.56 - Proposals from Private Entities

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  commission approves the further evaluation of a proposal of a private entity
				  under §
										5.55
				  of this subchapter, the department will publish notice of that decision and
				  provide an opportunity for the submission of competing proposals.
(b) The department will publish a notice in
				  the
Texas Register
and in one or more newspapers of general
				  circulation. The notice will state that the department has received a proposal
				  under this subchapter, that it intends to evaluate the proposal, that it may
				  negotiate a pass-through agreement with the proposer based on the proposal, and
				  that it will accept for simultaneous consideration any competing proposals that
				  the department receives in accordance with this subchapter within 45 days of
				  the initial publication of the notice in the
Texas Register,
or such additional time as authorized by the commission. In determining whether
				  to authorize additional time for submission of competing proposals, the
				  commission will consider the complexity of the proposal.
(c) The notice will summarize the proposed
				  project and identify its proposed location. The notice will also specify the
				  general criteria that will be used to evaluate all proposals. Specific
				  evaluation criteria will be set forth in the request for proposals. The
				  criteria will include:
(1) the factors listed
				  in §
											5.55
				  of this subchapter, to the extent applicable;
(2) the proposer's qualifications, technical
				  competence, and financial capability;
(3) an analysis of the proposer's project
				  implementation schedule; and
(4)
				  any other factor deemed appropriate by the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter E - PASS-THROUGH FARES AND TOLLS › Section 5.57 - Final Approval

Current through Reg. 49, No. 28; July 12, 2024
(a) Authorization
				  to negotiate final agreement. The executive director will submit to the
				  commission a summary of the final financial terms of a proposed pass-through
				  agreement. The final financial terms may consist of specific payment terms and
				  schedules or may consist of a range of acceptable parameters. The commission
				  may authorize the executive director to negotiate and execute a final agreement
				  only if it finds that:
(1) the project serves
				  the public interest and not merely a private interest;
(2) the proposed pass-through agreement is in
				  the best interest of the state;
(3)
				  the project is compatible with existing and planned transportation facilities;
				  and
(4) the project furthers state,
				  regional, and local transportation plans, programs, policies, and
				  goals.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter E - PASS-THROUGH FARES AND TOLLS › Section 5.58 - Calculation of Pass-Through Fares and Tolls

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Pass-through fares.
(1) Amount to be
				  reimbursed.
(A) General. The commission shall
				  establish the level of pass-through fares or shall establish parameters within
				  which the department may negotiate the level of pass-through fares. In
				  establishing the level of pass-through fares or parameters within which the
				  department may negotiate the level of pass-through fares, the commission shall
				  consider whether:
(i) the project's estimated
				  benefits to mobility warrant a pass-through fare at a level that is more or
				  less than the department's estimate of project costs;
(ii) the project will result in a significant
				  economic gain or loss to the entity responsible for its development;
(iii) the public or private entity proposes
				  to share in the cost of the project; and
(iv) the state or the public or private
				  entity will benefit, and to what extent, if the project is built sooner than
				  would be the case in the absence of a pass-through agreement.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter E - PASS-THROUGH FARES AND TOLLS › Section 5.59 - Project Development by Public or Private Entity

Current through Reg. 49, No. 28; July 12, 2024
(a) Social and environmental impact.
(1) General. A public or private entity that
				  is responsible for the construction of a project shall conduct the
				  environmental review and public involvement for the project in the manner
				  prescribed by Chapter 2, Subchapter A of this title (relating to Environmental
				  Review and Public Involvement for Transportation Projects). The department may
				  choose to conduct the environmental review and public involvement.
(2) Department approval. The department must
				  approve each environmental review under this section before construction of the
				  project begins.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter E - PASS-THROUGH FARES AND TOLLS › Section 5.60 - Operation

Current through Reg. 49, No. 28; July 12, 2024
(a) Agreement. A pass-through agreement may
				  provide for a public or private entity to operate a highway or a
				  railway.
(b) Responsibility. To the
				  extent provided in the agreement, a public or private entity shall perform or
				  cause to be performed all work required to operate the highway or railway. This
				  work includes all maintenance and repair required to ensure that the highway or
				  railway functions as intended and meets the performance standards established
				  for maintenance under subsection (c) of this section.
(c) Maintenance of highways. In performing
				  work under this section on a highway, the public or private entity shall meet
				  or exceed the most current "Texas Maintenance Assessment Program" minimum
				  rating requirements for non-interstate state highways as established by the
				  commission in its implementation of Government Accounting Standards Board
				  Statement No.34. If the highway will be tolled, the public or private entity
				  shall meet or exceed the minimum rating requirements for interstate
				  highways.
(d) Maintenance of
				  railways. In performing work under this section on a railway, the public or
				  private entity shall meet all standards for safety and maintenance established
				  by the Federal Railroad Administration and the National Transportation Safety
				  Board, including all standards published in 49 CFR Subtitle B, Chapters II and
				  VIII.
(e) Alternative standards. A
				  public or private entity may request approval to use alternative maintenance
				  standards. The executive director may approve the use of alternative
				  maintenance standards if the director determines that the alternative standards
				  are sufficient to protect the safety of the public and to protect the integrity
				  of the transportation system.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter G - PRIVATE ACTIVITY BONDS › Section 5.81 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) Transportation Code, §
										222.035,
				  requires the Texas Department of Transportation to establish and administer a
				  program for private activity bonds issued for highway facilities or surface
				  freight transfer facilities in this state that includes a process by which the
				  department and the Texas Bond Review Board receive and evaluate applications
				  for issuance of private activity bonds for highway facilities or surface
				  freight transfer facilities prior to submission of a request for private
				  activity bond allocation authorization to the US Department of Transportation
				  (US DOT). This subchapter establishes a process and procedures governing
				  applications for the issuance of private activity bonds for highway or surface
				  freight transfer facility projects by any eligible entity authorized to submit
				  an application to the Texas Transportation Commission.
(b) Pursuant to Transportation Code, §
										222.035,
				  the program established in this subchapter provides a method for processing
				  applications submitted by eligible entities other than the department. The
				  department has established a separate method for processing department
				  applications, which will be given priority due to department projects being
				  priority projects with statewide significance. Applications for the issuance of
				  private activity bonds for highway or surface freight transfer facility
				  projects of the department are exempt from the requirements of this subchapter,
				  and shall be submitted to the US DOT pursuant to procedures established by the
				  department in accordance with applicable law. The department shall provide the
				  Texas Bond Review Board with a copy of an application submitted by the
				  department pursuant to §
										5.87(a)(1)
				  of this subchapter (relating to Department Action).
(c) For other eligible entities authorized to
				  submit an application for the issuance of private activity bonds to the
				  commission, the process and procedures established in this subchapter identify
				  submission requirements and criteria by which the commission will receive and
				  evaluate such applications.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter G - PRIVATE ACTIVITY BONDS › Section 5.82 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this subchapter
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Board--The Texas Bond
				  Review Board.
(2) Commission--The
				  Texas Transportation Commission.
(3) Department--The Texas Department of
				  Transportation.
(4) Eligible
				  entity--An entity authorized by law to finance an eligible project by the
				  issuance of bonds.
(5) Eligible
				  project--A qualified highway or surface freight transfer facility.
(6) Executive director--The executive
				  director of the department or designee not below the level of assistant
				  executive director.
(7) Qualified
				  highway or surface freight transfer facility--Has the meaning assigned by
				  Section 142(m)(1) of the Internal Revenue Code (26 U.S.C.
				  §142(m)(1)).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter G - PRIVATE ACTIVITY BONDS › Section 5.83 - General Policies

Current through Reg. 49, No. 28; July 12, 2024
(a) Consideration
				  of all applications for private activity bond issuance will be in accordance
				  with applicable federal and state law, and applicable rules and
				  regulations.
(b) The federal
				  government shall not be obligated by any act of the commission or department
				  under this subchapter.
(c)
				  Favorable consideration of any application for private activity bond issuance
				  does not pledge the credit of the state, commission, or department.
(d) The Federal Highway Administration, the
				  Comptroller General of the United States, the Texas State Auditor's Office, and
				  the department, or any of their authorized representatives, shall have the
				  right of access to any books, documents, papers, or other records of an
				  applicant approved for an allocation that are pertinent to the application, in
				  order to make audits, examinations, excerpts, and transcripts.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter G - PRIVATE ACTIVITY BONDS › Section 5.84 - Department Contact

Current through Reg. 49, No. 28; July 12, 2024
The executive director will designate a contact within the
					 department for the purpose of providing information and assistance to potential
					 applicants. Assistance may include non-binding advice, counsel, and
					 consultation regarding all aspects of a possible application. Any advice,
					 assistance, or aid provided will not constitute a commitment or liability on
					 the part of the department or commission. Potential applicants are encouraged
					 to communicate with the contact at the earliest possible
					 date.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter G - PRIVATE ACTIVITY BONDS › Section 5.85 - Application Procedure

Current through Reg. 49, No. 28; July 12, 2024
An eligible entity shall submit an application to the
					 executive director in a form prescribed by the department. An original
					 application and five copies are to be delivered to the executive director. The
					 application must, at a minimum, include the following information:
(1) an overview of the project, which shall
				  include a description of the project (location and scope), the total cost of
				  the project, and the amount and proposed use of the requested private activity
				  bond allocation;
(2) a copy of the
				  resolution authorizing the issuance of bonds adopted by the eligible
				  entity;
(3) financing and
				  development team information, including the proposed issuer of the bonds, the
				  borrower, and any other key participants (with prior experience in projects
				  similar to the project proposed listed);
(4) project development schedule, including
				  timelines for major financial milestones (particularly the date for issuance of
				  the private activity bonds) and major construction milestones (permits,
				  environmental, right of way, etc.);
(5) estimated project cost information,
				  including a summary of capital costs by category, table of all project costs by
				  category, identification of costs that are eligible for private activity bond
				  funding, and a project expenditure schedule by category type;
(6) identification of other (in addition to
				  private activity bonds) project funding sources and a construction period
				  sources and uses table;
(7)
				  assumptions used for private activity bond financing (terms, rate, structure,
				  reserves, legal provisions, etc.), as well as other funding sources;
(8) cash flow operating pro forma, with a
				  narrative description of and assumptions on traffic and revenue (including
				  supporting documentation) and operating and maintenance costs;
(9) the proposed pledge of collateral or
				  security, including the priority of claim, for repayment of the private
				  activity bonds and other funding sources;
(10) identification of any financial
				  assistance, guarantees, or credit enhancement;
(11) draft bond counsel opinion
				  letter;
(12) a description of the
				  need for the project and how the project will reduce congestion, enhance
				  economic opportunity, enhance safety, improve air quality, and increase the
				  value of transportation assets;
(13) identification of any revisions or
				  changes to state highway system facilities necessitated by the
				  project;
(14) a description of
				  Title 23 or 49, United States Code funding received by the project, including
				  the date (or anticipated date) of receipt and types and amount of financial
				  assistance; and
(15) any additional
				  information the department deems necessary to fully consider the
				  application.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter G - PRIVATE ACTIVITY BONDS › Section 5.86 - Suspension of Applications

Current through Reg. 49, No. 28; July 12, 2024
If the commission determines that private activity bond
					 allocations from the US DOT are fully committed or other uncertainties exist
					 that warrant suspension of acceptance of applications, the department will
					 publish a notice in the
Texas Register
providing that
					 applications will no longer be accepted. When conditions change, as determined
					 by the commission, the department will publish a notice in the
Texas
					 Register
that applications are again being accepted.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter G - PRIVATE ACTIVITY BONDS › Section 5.87 - Department Action

Current through Reg. 49, No. 28; July 12, 2024
(a) Notification to
				  Texas Bond Review Board.
(1) The department
				  will notify the executive director of the Board of all department applications
				  to the US DOT for the issuance of private activity bonds for highway or surface
				  freight transfer facility projects. The notification will include a copy of the
				  application. The notification will be provided concurrently with the submission
				  of an application to the US DOT.
(2) The department will notify the executive
				  director of the Board once an application submitted by an eligible entity under
				  this subchapter is received. Two copies of the application will be forwarded to
				  the executive director of the Board.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter G - PRIVATE ACTIVITY BONDS › Section 5.88 - Commission Action

Current through Reg. 49, No. 28; July 12, 2024
(a) Commission
				  analysis. The commission may consider the advice of department staff and their
				  consultants regarding the sufficiency of the information, the probable accuracy
				  of projections, the anticipated financial condition of the application and the
				  project, and any other information the commission determines
				  appropriate.
(b) Criteria. In
				  determining whether to approve an application, the commission will consider:
(1) the reasonableness of the financial plan
				  submitted in the application;
(2)
				  the transportation need for and anticipated public benefit of the project,
				  including the impact of the project on reducing congestion, enhancing economic
				  opportunity, enhancing safety, improving air quality, and increasing the value
				  of transportation assets;
(3) the
				  analysis of the application by the Board; and
(4) the ability of the department to
				  construct any improvements to the state highway system required by the
				  project.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter H - TRANSPORTATION DEVELOPMENT CREDIT PROGRAM › Section 5.101 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Under
					 23 U.S.C.
					 §120, a state may use certain toll
					 revenue expenditures, known as transportation development credits, as credit
					 toward the non-federal share of certain projects. This subchapter specifies the
					 policies and procedures for the implementation of the Transportation
					 Development Credit Program.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter H - TRANSPORTATION DEVELOPMENT CREDIT PROGRAM › Section 5.102 - Program Goals

Current through Reg. 49, No. 28; July 12, 2024
The goals of the Transportation Development Credit Program
					 are:
(1) to maximize the use of
				  available federal funds, particularly in situations in which federal funds
				  otherwise would be unused because of the inability to provide the non-federal
				  share;
(2) to increase the
				  availability of state and local funds that otherwise would be used as the
				  non-federal share, so that:
(A) a limited
				  number of priority projects may be funded without federal funds, in an effort
				  to streamline project delivery;
(B)
				  a limited number of priority projects that are not eligible for federal funding
				  may be supported from state or local funds; and
(C) available federal transit funds may be
				  used that otherwise would be unused because of the inability to provide the
				  non-federal share or to allow funds that would be used as the non-federal share
				  to be used for other transit projects;
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter H - TRANSPORTATION DEVELOPMENT CREDIT PROGRAM › Section 5.103 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1)
				  Commission--The Texas Transportation Commission.
(2) Department--The Texas Department of
				  Transportation.
(3) Eligible
				  entity--Any entity that is eligible for funding under Title 23, U.S.C. or
				  Chapter 53 of Title 49, U.S.C., is in good standing with the department, and
				  has no deficiencies or findings of noncompliance.
(4) Eligible project--A highway, rail,
				  transit, bicycle or pedestrian project, as authorized by Title 23, U.S.C.,
				  other than an emergency relief program authorized by
				  23 U.S.C.
				  §125, or Chapter 53 of Title 49,
				  U.S.C.
(5) Locally earned
				  credits--Transportation development credits earned from:
(A) a project of a regional tollway
				  authority;
(B) a project of a
				  county acting under Transportation Code, Chapter 284;
(C) a project of a regional mobility
				  authority;
(D) an international
				  bridge not owned by the state; and
(E) a department project located within the
				  geographic area of a regional tollway authority, a county acting under
				  Transportation Code Chapter 284, or a regional mobility authority that has
				  developed one or more toll projects.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter H - TRANSPORTATION DEVELOPMENT CREDIT PROGRAM › Section 5.104 - Availability of Credits

Current through Reg. 49, No. 28; July 12, 2024
The department will provide information on the availability
					 of transportation development credits as part of the development and periodic
					 update of the Unified Transportation Program.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter H - TRANSPORTATION DEVELOPMENT CREDIT PROGRAM › Section 5.105 - Regional Allocation

Current through Reg. 49, No. 28; July 12, 2024
The commission will allocate for award under §
										5.106
					 of this subchapter (relating to Award by Metropolitan Planning Organizations)
					 75 percent of the state's locally earned credits to the MPO in whose planning
					 area they were earned.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter H - TRANSPORTATION DEVELOPMENT CREDIT PROGRAM › Section 5.106 - Award by Metropolitan Planning Organizations

Current through Reg. 49, No. 28; July 12, 2024
(a) Each MPO will award to projects within
				  its planning area the locally earned transportation development credits
				  allocated to it under §
										5.105 of this
				  subchapter (relating to Regional Allocation).
(b) The MPO must develop and use a documented
				  process for the receipt and evaluation of applications and the award of
				  credits. This process must also provide opportunities for public review and
				  comment at key decision points.
(c)
				  The MPO must consider how the award of credits will expand the availability of
				  funding for transportation projects, based on the goals specified in §
										5.102 of
				  this subchapter (relating to Program Goals).
(d) The MPO will notify each applicant of the
				  results of the selection process.
(e) The MPO will incorporate information
				  regarding the award of credits into the Transportation Improvement Program, as
				  appropriate.
(f) Not later than
				  December 1st of each year, the MPO will submit a report to the department
				  documenting the management of its credit allocations for the previous fiscal
				  year.
(g) A public transit agency
				  located within the planning area of an MPO must first seek the award of credits
				  under this section for an eligible project, unless the credits will serve as
				  the non-federal share for a public transit program that is administered by the
				  department on a statewide basis.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter H - TRANSPORTATION DEVELOPMENT CREDIT PROGRAM › Section 5.107 - Award by Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) Process. The
				  commission will award the transportation development credits that are not
				  locally earned credits and the state's locally earned credits that are not
				  allocated to MPOs under §
										5.105 of this
				  subchapter (relating to Regional Allocation). The commission will make the
				  awards:
(1) using the competitive process
				  described in §
											5.108 of this
				  subchapter (relating to Competitive Process); or
(2) in its sole discretion subject to §
											5.109 of this
				  subchapter (relating to Discretionary Award).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter H - TRANSPORTATION DEVELOPMENT CREDIT PROGRAM › Section 5.108 - Competitive Process

Current through Reg. 49, No. 28; July 12, 2024
(a) Program call.
				  The department may periodically publish a notice in the
Texas
				  Register
soliciting proposals for award of transportation development
				  credits under this section.
(b)
				  Proposal. An eligible entity may submit a proposal for an eligible project in
				  response to the notice published under subsection (a) of this section. The
				  proposal must include:
(1) a detailed
				  description of the project and the need for the project;
(2) a detailed explanation of how the award
				  of credits will expand the availability of funding for transportation projects,
				  considering the goals specified in §
											5.102 of
				  this subchapter (relating to Program Goals); and
(3) if the project is located within the
				  planning area of an MPO, evidence that the eligible entity obtained the
				  concurrence of the MPO before the entity submitted the proposal under this
				  section.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter H - TRANSPORTATION DEVELOPMENT CREDIT PROGRAM › Section 5.109 - Discretionary Award

Current through Reg. 49, No. 28; July 12, 2024
(a) In making an
				  award solely in its discretion, the commission will consider:
(1) the potential of a project to expand the
				  availability of funding for transportation projects, based on the goals
				  specified in §
											5.102 of
				  this subchapter (relating to Program Goals); and
(2) if the project is located within the
				  planning boundaries of an MPO, the expressed opinion, if any, of the
				  MPO.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter H - TRANSPORTATION DEVELOPMENT CREDIT PROGRAM › Section 5.110 - Administration

Current through Reg. 49, No. 28; July 12, 2024
(a) Before an entity that is awarded
				  transportation development credits under this subchapter may use those credits,
				  the entity must enter into a project agreement with the department if the
				  credits are awarded by the commission or with the MPO that awarded the
				  credits.
(b) If an entity does not
				  sign a project agreement within two years after the date of the award of the
				  credits, the credits may be awarded to another eligible entity under this
				  subchapter.
(c) An entity that
				  enters into a project agreement under this section shall comply with all
				  specified terms and conditions of the agreement.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter H - TRANSPORTATION DEVELOPMENT CREDIT PROGRAM › Section 5.111 - Transfer of Credits

Current through Reg. 49, No. 28; July 12, 2024
(a) An MPO may
				  transfer transportation development credits allocated to it under §
										5.105 of this
				  subchapter (relating to Regional Allocation) to another MPO or to the
				  commission.
(b) The transferring
				  MPO shall document each transfer under this section in its annual report
				  required under §
										5.106
				  of this subchapter (relating to Award by Metropolitan Planning
				  Organizations).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 6 - STATE INFRASTRUCTURE BANK › Subchapter A - GENERAL PROVISIONS › Section 6.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) Transportation Code, Chapter 222,
				  Subchapter D, establishes a state infrastructure bank as an account within the
				  state highway fund, to be administered by the Texas Transportation Commission.
				  Consistent with applicable legal restrictions on its use, the commission shall
				  use money deposited in the bank to:
(1)
				  encourage public and private investment in transportation facilities both
				  within and outside of the state highway system, including facilities that
				  contribute to the multimodal and intermodal transportation capabilities of the
				  state; and
(2) develop financing
				  techniques designed to:
(A) expand the
				  availability of funding for transportation projects and to reduce direct state
				  costs;
(B) maximize private and
				  local participation in financing projects; and
(C) improve the efficiency of the state
				  transportation system.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 6 - STATE INFRASTRUCTURE BANK › Subchapter A - GENERAL PROVISIONS › Section 6.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Bank--The state
				  infrastructure bank account in the state highway fund.
(2) Commission--The Texas Transportation
				  Commission.
(3) Construction--A
				  term as defined by Title 23, United States Code, §101, and which includes
				  preliminary studies required to determine the feasibility of an eligible
				  project.
(4) Department--The Texas
				  Department of Transportation.
(5)
				  Design manual--The latest editions of and successors to all design manuals
				  available from the department, including the:
(A) Roadway Design Manual;
(B) Environmental Affairs Division Operations
				  and Procedures Manual;
(C) Pavement
				  Design Manual;
(D) Bridge Design
				  Manual;
(E) Bridge Project
				  Development Manual;
(F) Bridge
				  Geotechnical Manual;
(G) Hydraulic
				  Design Manual;
(H) Texas Manual on
				  Uniform Traffic Control Devices;
(I) Project Development Process
				  Manual;
(J) Standard Highway Sign
				  Designs for Texas; and
(K) Traffic
				  Control Standard Sheets booklet of the traffic operations division.