Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 22 - USE OF STATE PROPERTY › Subchapter B - USE OF STATE HIGHWAY RIGHT OF WAY › Section 22.11 - 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) Area
				  engineer--The chief administrative officer in charge of an area office of the
				  department.
(2) Area office--An
				  office responsible for carrying out the department's primary functions at the
				  local level for a designated geographical area within a district.
(3) Arterial roadway--A roadway which
				  contains predominately at-grade intersections, allows continuous access to
				  abutting property, and has posted speeds equal to or less than 45 miles per
				  hour.
(4) Banner--A sign painted or
				  fabricated on fabric mesh or flexible plastic above or along a roadway or
				  highway.
(5) BC Sheets--The latest
				  edition of Barricade and Construction Standards published by the
				  department.
(6) Closure--The
				  temporary direct or indirect restriction, in whole or in part, of vehicular use
				  of a segment of the state highway system. This includes, but may not be limited
				  to, the main lanes (including service roads, ramps, and connectors) and the
				  shoulders of any numbered highway on the state highway system.
(7) Commission--The Texas Transportation
				  Commission.
(8) Compliant Work Zone
				  Traffic Control Device List--A list of all work zone traffic control devices
				  that have been determined by the department to be crashworthy based on the
				  criteria contained in National Cooperative Highway Research Report 350:
				  Recommended Procedures for the Safety Performance Evaluation of Highway
				  Features. A copy of this list is available on the department's website, or by
				  contacting the department's Traffic Operations Division or the appropriate area
				  engineer.
(9) Controlled access
				  highway--In accordance with applicable state law, the main lanes and shoulders
				  of a state highway on which owners or occupants of abutting lands and other
				  persons are denied access to or from the highway except at such points only and
				  in such manner as may be determined by the department.
(10) Department--The Texas Department of
				  Transportation.
(11) District--A
				  subdivision of the department responsible for the day-to-day operations of the
				  department in a specific geographically defined area.
(12) District engineer--The chief
				  administrative officer of a district of the department or his or her
				  designee.
(13) DPS--The Texas
				  Department of Public Safety.
(14)
				  Edible agricultural commodity--Any product produced and sold for human
				  consumption.
(15) Executive
				  director--The chief administrative officer of the department.
(16) Film and video production--The
				  on-location creation of a film or video project including, but not limited to,
				  feature films, television productions, television commercials, documentaries,
				  music videos, and corporate or industrial communication productions.
(17) Non-profit corporation--A corporation
				  that is incorporated or holds a certificate of authority under the Texas
				  Non-Profit Corporation Act, Texas Civil Statutes, Articles 1396-1.01 et
				  seq.
(18) Peace officer--A law
				  enforcement officer or peace officer of this state or a political subdivision
				  of this state or a federal law enforcement officer or special agent performing
				  duties in this state.
(19)
				  Person--An individual, corporation, organization, business trust, estate,
				  trust, partnership, association, and any other legal entity.
(20) Professional engineer--A person who has
				  been duly licensed by the Texas Board of Professional Engineers to engage in
				  the practice of engineering in the state of Texas.
(21) Requestor--A person requesting a closure
				  or use of the state highway system for a special event or film/video
				  production.
(22) Right of way--The
				  entire width of land between the public boundaries or property lines of a
				  highway.
(23) Routine traffic
				  control--The handling of events which last no more than four hours at one
				  location and no more than nine consecutive total hours for moving events.
				  Examples of these events include parades, marches, and other such events, and
				  use authorized law enforcement personnel who accept the responsibility for
				  traffic control as being well within their capabilities to protect and direct
				  all parties involved.
(24)
				  Sign--Any outdoor sign, display, light, device, figure, painting, drawing,
				  message, plaque, poster, or other thing that is designed, intended, or used to
				  advertise or inform.
(25) Special
				  event--An event serving a public purpose and sponsored by a civic or nonprofit
				  organization, including, but not limited to, fairs, festivals, bicycle events,
				  marathons, walkathons, rodeos, and charitable fund-raising events, but not
				  including political events or events that could be construed to advocate or
				  oppose a candidate for election or influence the passage or defeat of a measure
				  on an election ballot.
(26) State
				  highway system--The system of highways in the state included in a comprehensive
				  plan prepared by the department's executive director under the direction and
				  with the approval of the commission in accordance with Transportation Code,
				  §
										201.103.
(27) Substantial negative impacts to the
				  environment--Any harm to the natural or cultural features caused by any
				  activity either directly or indirectly resulting from a closure or film/video
				  production, including, but not limited to:
(A)
				  a chemical or fuel spill;
(B) blast
				  or fire damage to habitat or vegetation;
(C) temporary or permanent placement of fill
				  in wetlands or waters in the right of way;
(D) alteration of a historic bridge or
				  historic roadside park;
(E)
				  extensive tire tracking or other damage to the contours of the site resulting
				  in sediment runoff to water bodies or wetlands; or
(F) any disturbance or removal of protected
				  species without proper authorization.