reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter K - SMALL BUSINESS ENTERPRISE (SBE) PROGRAM › Section 9.332 - Determination of Noncompliance; Sanctions

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  department may determine that the contractor or respondent failed to satisfy
				  the requirements of this subchapter or comply with the contract's SBE special
				  provision requirements.
(b) If a
				  responder does not furnish the required SBE information within the period
				  specified in the contract's SBE special provision, the department may declare
				  the responder to be in default and retain the bid guaranty as liquidated
				  damages in accordance with §
										9.18
				  of this chapter (relating to After Contract Award).
(c) The department will impose sanctions if
				  the contractor:
(1) is found to have
				  discriminated against an SBE firm;
(2) has failed to meet the contract SBE goal
				  and has failed to demonstrate a good faith effort to meet the goal;
				  or
(3) has not kept SBE commitments
				  for the contracts assigned a goal and the department has not approved good
				  faith efforts or a substitution of the SBE firm.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter L - HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PROGRAM › Section 9.350 - Policy

Current through Reg. 49, No. 28; July 12, 2024
It is the policy of the department to:
(1) ensure that Historically Underutilized
				  Businesses have an equal opportunity to participate in the performance of
				  contracts;
(2) create a level
				  playing field on which Historically Underutilized Businesses can compete fairly
				  for contracts and subcontracts;
(3)
				  ensure nondiscrimination on the basis of race, color, national origin, or
				  gender in purchasing activities and in the award and administration of
				  contracts;
(4) help remove barriers
				  to the participation of Historically Underutilized Businesses in department
				  purchases and contracts;
(5) assist
				  in the development of firms that can compete successfully in the market place
				  outside the Historically Underutilized Business program; and
(6) develop and maintain a program in order
				  to facilitate purchasing and contracting opportunities for historically
				  underutilized businesses.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter L - HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PROGRAM › Section 9.351 - Application of Subchapter

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter
				  applies only to a contract that is funded entirely with state and local funds
				  and is for:
(1) a building;
(2) professional, aviation, public
				  transportation, or private consultant services; or
(3) a purchase of goods or services that is
				  made under Government Code, Title 10, Subtitle D.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter L - HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PROGRAM › Section 9.352 - 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)
				  Contractor--One who participates, through a contract or any tier of
				  subcontract.
(2) Comptroller--The
				  Texas Comptroller of Public Accounts.
(3) Department--The Texas Department of
				  Transportation.
(4) Executive
				  director--The executive director of the department.
(5) Historically Underutilized Business
				  (HUB)--A business certified as a historically underutilized business by the
				  comptroller.
(6) Respondent--A
				  person that responds to an invitation to bid, request for proposal, or
				  comparable solicitation related to a contract to which this subchapter
				  applies.
(7) Vendor identification
				  number (VID)--An identification number used in state government to identify the
				  bidder or business for payment or award of contracts, certification as a HUB,
				  and registration on the bidders list.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter L - HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PROGRAM › Section 9.353 - Certification of HUBs

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  and comptroller operate under a memorandum of agreement that allows qualified
				  businesses certified as a Disadvantaged Business Enterprise (DBE) in accordance
				  with the Texas Unified Certification Plan (TUCP) to be recognized as a
				  HUB.
(b) The comptroller certifies
				  businesses as HUBs using procedures set forth at 34 TAC Chapter 20, Subchapter
				  B (relating to Historically Underutilized Business Program). The comptroller
				  maintains a directory of certified HUBs.
(c) The department will submit information
				  regarding DBEs who qualify as HUBs to the comptroller for
				  certification.
(d) A challenge
				  regarding a business's eligibility for HUB certification that is based on the
				  TUCP DBE certification must be submitted to the department for referral and
				  resolution.
(e) A business whose
				  HUB certification is based on the TUCP DBE certification loses its HUB
				  certification if it is ineligible to be certified as a DBE.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter L - HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PROGRAM › Section 9.354 - HUB Overall Goals

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				  director will establish annual agency HUB participation goals making use of
				  disparity studies, including the study described by Government Code, §
										2161.002(c),
				  as well as other relevant information and complying with 34 TAC §
										20.13(relating to
				  Statewide Annual HUB Utilization Goals).
(b) The department will make a good faith
				  effort to meet or exceed the goal established under subsection (a) of this
				  section.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter L - HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PROGRAM › Section 9.355 - Contract Goals

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  will assign individual contract goals for HUB participation contracts as
				  necessary to meet the overall annual HUB goals.
(b) Contract goals will be based on the
				  availability of qualified HUBs, work site location, dollar value of the
				  contract, and type of work items specified in the contract.
(c) If the department has not assigned an
				  individual contract goal for a contract but the department has identified that
				  HUB subcontracting opportunities exist, the department may require a HUB plan
				  under §
										9.356(a)
				  of this subchapter (relating to HUB Plan).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter L - HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PROGRAM › Section 9.356 - HUB Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) A contract that
				  is estimated to involve more than $100,000 over the life of the contract,
				  including renewals, and that has subcontracting opportunities must include a
				  HUB plan as a condition of contract award. The department may require a HUB
				  plan as a condition of the award of a contract that is estimated to involve not
				  more than $100,000 over the life of the contract, including renewals, if the
				  contract has subcontracting opportunities.
(b) A business that responds to an invitation
				  to bid, request for proposal, or comparable solicitation related to a contract
				  other than building contracts to which this subchapter applies must submit a
				  HUB plan at the same time that the bid, proposal, offer, or other applicable
				  expression of interest is submitted to the department. A response that does not
				  include a HUB plan will be rejected due to material failure to comply with
				  advertised specifications. For building contracts, the HUB plan must be
				  submitted after the conditional contract award as specified in the contract or
				  proposal.
(c) Except as modified by
				  subsection (d) of this section, the HUB plan must include:
(1) a statement of whether the respondent is
				  a certified HUB;
(2) a
				  certification that the respondent has made a good faith effort to meet the
				  requirements of this subchapter;
(3) identification of the subcontractors that
				  will be used during the course of the contract;
(4) the expected percentage of the work on
				  the contract that will be subcontracted; and
(5) the approximate dollar amount of the
				  percentage of work subcontracted.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter L - HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PROGRAM › Section 9.357 - Good Faith Efforts Documentation

Current through Reg. 49, No. 28; July 12, 2024
(a) If a
				  respondent or contractor is not subcontracting any portion of the contract, is
				  unable to obtain HUB participation, or is unable to meet the assigned goal for
				  a contract, the respondent or contractor must describe in writing the actions
				  that it has taken to obtain HUB participation in accordance with applicable
				  contract requirements. The actions that will be considered to establish good
				  faith effort include:
(1) dividing the
				  contract work into reasonable portions in accordance with standard industry
				  practices;
(2) providing written
				  justification of the selection process if no HUB subcontractors are
				  selected;
(3) providing notice to
				  minority or women trade organizations or development centers not later than the
				  seventh working day before submission of the response described by §
											9.356(b)
				  of this subchapter (relating to HUB Plan) unless the department determines that
				  circumstances require a different period;
(4) negotiating in good faith with qualified
				  HUBs and not rejecting qualified HUBs that were also the best value responsive
				  bidder; and
(5) participating in a
				  mentor protégé program under Government Code, §
											2161.065,
				  and identifying the areas of the subcontracting plan to be performed by the
				  protégé under the HUB plan.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter L - HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PROGRAM › Section 9.358 - Required Contract Provisions

Current through Reg. 49, No. 28; July 12, 2024
Each contract to which this subchapter applies must include
					 the HUB requirements applicable to the contract.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter L - HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PROGRAM › Section 9.359 - Changes to and Monitoring of HUB Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  department must approve any changes to the HUB plan. Amendments to the contract
				  or other written approval of the contract change must be recorded in the
				  procurement file.
(b) If the
				  original scope of work is expanded through a change order or contract
				  amendment, the department will determine whether any additional opportunities
				  exist for HUB participation and will require submission of a revised HUB plan
				  for additional opportunities.
(c)
				  The contractor may not implement a change in the HUB plan before the change is
				  approved by the department.
(d) The
				  department will monitor the HUB plan monthly to determine compliance with the
				  plan. If the contractor fails to fulfill the plan, the contractor, within 30
				  days after the date that the contract is completed or terminated must explain
				  to the department why the failure should not be attributed to a lack of good
				  faith.
(e) To determine that the
				  contractor is complying with the HUB plan, the agency may consider:
(1) whether the contractor gave timely notice
				  to the subcontractor regarding the time and place of the subcontracted
				  work;
(2) whether the contractor
				  facilitated access to the resources needed to complete the work; or
(3) whether the contractor complied with the
				  approved HUB subcontracting plan.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter L - HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PROGRAM › Section 9.360 - HUB Commitment Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A contract with
				  an assigned goal will include provisions requiring that the contractor submit a
				  HUB commitment agreement in addition to the HUB Plan required by §
										9.356 of this
				  subchapter (relating to HUB Plan) as a condition of contract award.
(b) Within the time specified in the contract
				  or proposal, the contractor must furnish a HUB commitment agreement for each
				  certified HUB that will be used to meet the contract goal.
(c) The commitment agreement must include:
(1) the items of work to be
				  performed;
(2) the quantities of
				  work or material;
(3) the unit
				  measure, unit price, and total cost for each item;
(4) the total amount of the HUB
				  commitment;
(5) the original
				  signatures of the contractor and the proposed HUB; and
(6) if the commitment involves a HUB material
				  supplier, an explanation of the function to be performed and a description of
				  any arrangements, including joint check agreements, made with other material
				  suppliers, manufacturers, distributors, hauling firms, or freight
				  companies.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter L - HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PROGRAM › Section 9.361 - Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a) The contractor shall maintain business
				  records documenting compliance with the HUB plan.
(b) The contractor must submit monthly
				  reports to the department at intervals specified in the contract using a report
				  form acceptable to the department. The report must identify each subcontractor,
				  regardless of whether the subcontractor is a HUB, by name and VID and must
				  indicate the amount paid to each subcontractor. The report must be submitted
				  even if no payments were made during the period being reported. If required by
				  the department, the contractor must attach proof of payment including copies of
				  cancelled checks.
(c) The
				  contractor must submit a final report in accordance with the contract, using a
				  form acceptable to the department. The final report must show the total amount
				  paid to each subcontractor.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter L - HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PROGRAM › Section 9.362 - Credit for HUB Expenditures

Current through Reg. 49, No. 28; July 12, 2024
A contractor will receive credit for all payments made to a
					 HUB for work performed and costs incurred in accordance with the contract,
					 including all subcontracted work.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter L - HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PROGRAM › Section 9.363 - Monitoring of Contractor Compliance

Current through Reg. 49, No. 28; July 12, 2024
The department will monitor contractor compliance
					 by:
(1) reviewing periodic HUB
				  Subcontracting Plan Prime Contractor Progress Assessment Reports; and
(2) making on-site visits to the project as
				  applicable and the offices of a contractor or subcontractor as needed to verify
				  compliance.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter L - HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PROGRAM › Section 9.364 - Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) This section does not apply to:
(1) a claim for purchase contracts under
				  §
											9.1
				  of this chapter (relating to Claims for Purchase Contracts); or
(2) a discrimination complaint made against a
				  department employee, which is handled in accordance with the department's Human
				  Resources Manual.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter L - HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PROGRAM › Section 9.365 - Review and Investigation of Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The department will review each complaint filed under §
										9.364 of
				  this subchapter (relating to Complaints) and will notify the complainant that
				  the department has determined that:
(1) an
				  investigation is warranted; or
(2)
				  an investigation is not necessary and the reasons for that
				  determination.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter L - HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PROGRAM › Section 9.366 - Determination of Noncompliance; Sanctions

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  department may determine that the contractor or respondent failed to satisfy
				  the requirements of this subchapter.
(b) If a noncompliance determination is made
				  under this section, the department may impose a sanction. The available
				  sanctions are:
(1) letter of
				  reprimand;
(2) denial of the award
				  of the contract;
(3) termination of
				  the contract;
(4) required
				  participation in HUB outreach programs;
(5) a report to the comptroller of
				  noncompliance in the manner described by 34 TAC §§
											20.101-
				  20.108
				  (relating to Procurement);
(6)
				  require payment of liquidated damages; and
(7) any other remedy available by
				  law.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 10 - ETHICAL CONDUCT BY ENTITIES DOING BUSINESS WITH THE DEPARTMENT › Subchapter A - GENERAL PROVISIONS › Section 10.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
As a steward of public resources, the department must
					 ensure the protection of public funds and maintain a high level of transparency
					 and accountability. Therefore, the department expects entities doing business
					 with the department to adhere to ethical standards of conduct. This chapter
					 prescribes required ethical standards for entities doing business with the
					 department, and most enforcement provisions applicable for violations of the
					 ethical standards.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 10 - ETHICAL CONDUCT BY ENTITIES DOING BUSINESS WITH THE DEPARTMENT › Subchapter A - GENERAL PROVISIONS › Section 10.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Commission--The Texas
				  Transportation Commission.
(2)
				  Debarment--Disqualification of an entity from bidding on or entering into a
				  contract with the department, from participating as a subcontractor under a
				  contract with the department, and from participating as a supplier of materials
				  or equipment to be used under a contract with the department.
(3) Department--The Texas Department of
				  Transportation.
(4) Entity--A
				  contractor, subcontractor, supplier, grantee, subgrantee, provider,
				  subprovider, governmental agency, local government, or other business or
				  governmental organization with which the department does business. The term
				  does not include the federal government or an agency of the federal
				  government.
(5) Executive
				  director--The executive director of the Texas Department of
				  Transportation.
(6) Reprimand--A
				  written warning issued by the department that documents an act or omission
				  committed by an entity.
(7)
				  Sanction--A consequence imposed on an entity for failure to comply with this
				  chapter including reprimand, prohibition against participation in a specified
				  agreement, or debarment.
(8)
				  Suspension--Immediate, temporary disqualification of an entity or individual
				  from entering into or attempting to enter into an agreement with the
				  department, from participating as a subcontractor under a contract with the
				  department, and from participating as a supplier of materials or equipment to
				  be used under a contract with the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 10 - ETHICAL CONDUCT BY ENTITIES DOING BUSINESS WITH THE DEPARTMENT › Subchapter A - GENERAL PROVISIONS › Section 10.3 - Delivery of Written Notice, Disclosures, or Requests to the Department

Current through Reg. 49, No. 28; July 12, 2024
For the purposes of this chapter, written notice,
					 disclosures, or requests may be delivered to the department by:
(1) sending the document by United States
				  mail or by overnight delivery service to: Executive Director, Texas Department
				  of Transportation, 125 East 11th Street, Austin, Texas 78701; or
(2) hand delivering the document to:
				  Executive Director, Texas Department of Transportation, 125 East 11th Street,
				  Austin, Texas.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 10 - ETHICAL CONDUCT BY ENTITIES DOING BUSINESS WITH THE DEPARTMENT › Subchapter A - GENERAL PROVISIONS › Section 10.4 - Act of Individual Imputed to Entity

Current through Reg. 49, No. 28; July 12, 2024
For the purposes of this chapter, an act of or omission by
					 a person on behalf of an entity that seriously and directly affects the
					 entity's responsibility to the department is considered to be an act or
					 omission of the entity.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 10 - ETHICAL CONDUCT BY ENTITIES DOING BUSINESS WITH THE DEPARTMENT › Subchapter A - GENERAL PROVISIONS › Section 10.5 - Benefit

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided by subsection (b) of
				  this section, a benefit, for the purposes of this chapter, is anything that is
				  reasonably regarded as financial gain or financial advantage, including a
				  benefit to another person in whose welfare the beneficiary has a direct and
				  substantial interest, regardless of whether the donor is reimbursed. Examples
				  are cash, loans, meals, lodging, services, tickets, door prizes, free entry to
				  entertainment or sporting events, transportation, hunting or fishing trips, or
				  discounts on goods or services.
(b)
				  The following are not benefits for the purposes of this chapter:
(1) a token item, other than cash, a check,
				  stock, bond, or similar item, that is distributed generally as a normal means
				  of advertising and that does not exceed an estimated value of $25;
(2) an honorarium in the form of a meal
				  served at an official, department-related event such as a conference, workshop,
				  seminar, or symposium; or
(3)
				  reimbursement for food, travel, or lodging to an event described by paragraph
				  (2) of this subsection in an amount allowable under department policy if the
				  recipient were to seek reimbursement from the department, or a greater amount
				  if preapproved by the executive director.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 10 - ETHICAL CONDUCT BY ENTITIES DOING BUSINESS WITH THE DEPARTMENT › Subchapter A - GENERAL PROVISIONS › Section 10.6 - Conflict of Interest

Current through Reg. 49, No. 28; July 12, 2024
(a) For the purposes
				  of this chapter, a conflict of interest is a circumstance arising out of
				  existing or past activities, business interests, contractual relationships, or
				  organizational structure of an entity, in which:
(1) the entity is or may be unable to give
				  impartial assistance or advice to the department;
(2) the entity's objectivity in performing
				  the scope of work sought by the department is or may be otherwise
				  impaired;
(3) the entity has an
				  unfair competitive advantage;
(4)
				  the entity's performance of services on behalf of the department or
				  participation in an agreement with the department provides or may provide an
				  unfair competitive advantage to a third party; or
(5) there is a reasonable perception or
				  appearance of impropriety or unfair competitive advantage benefiting the entity
				  or a third party as a result of the entity's participation in an agreement with
				  the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 10 - ETHICAL CONDUCT BY ENTITIES DOING BUSINESS WITH THE DEPARTMENT › Subchapter A - GENERAL PROVISIONS › Section 10.7 - Delegation of Authority

Current through Reg. 49, No. 28; July 12, 2024
The executive director may delegate any authority provided
					 to the executive director under this chapter, unless otherwise provided, to the
					 deputy executive director of the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 10 - ETHICAL CONDUCT BY ENTITIES DOING BUSINESS WITH THE DEPARTMENT › Subchapter B - OTHER ENTITIES' INTERNAL ETHICS AND COMPLIANCE PROCEDURES › Section 10.51 - Internal Ethics and Compliance Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Various sections of this title require an entity to adopt and enforce an
				  internal ethics and compliance program. To comply with that requirement, the
				  entity must certify to the department that the entity:
(1) has adopted an internal ethics and
				  compliance program that:
(A) is designed to
				  detect and prevent violations of the law, including regulations, and ethical
				  standards applicable to the entity or its officers or employees; and
(B) satisfies all requirements of this
				  section; and
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 10 - ETHICAL CONDUCT BY ENTITIES DOING BUSINESS WITH THE DEPARTMENT › Subchapter C - REQUIRED CONDUCT BY ENTITIES DOING BUSINESS WITH THE DEPARTMENT › Section 10.101 - Required Conduct

Current through Reg. 49, No. 28; July 12, 2024
(a) An entity that
				  does business with the department is required to:
(1) disclose to the department in writing the
				  existence of a conflict of interest involving an agreement between the entity
				  and the department and adequately remedy the conflict:
(A) before the effective date of the
				  agreement; or
(B) if the conflict
				  of interest arises after the effective date of the agreement, within five
				  working days after the date that the entity knows or should have known of the
				  conflict;
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 10 - ETHICAL CONDUCT BY ENTITIES DOING BUSINESS WITH THE DEPARTMENT › Subchapter C - REQUIRED CONDUCT BY ENTITIES DOING BUSINESS WITH THE DEPARTMENT › Section 10.102 - Consequences of Violation

Current through Reg. 49, No. 28; July 12, 2024
In addition to the imposition of sanctions under Subchapter
					 F of this chapter (relating to Sanctions For Ethical Violations By Entities
					 Doing Business With The Department), the department may disqualify an entity
					 with a conflict of interest described by §
										10.6(b)
					 of this chapter (relating to Conflict of Interest) from participating in a
					 contract to which the conflict applies, or may deny payment for work performed
					 by the former department employee under the contract. The department may not
					 disqualify or deny payment to an entity under this section if the department
					 has issued to the entity a written determination under §
										10.6 of this
					 chapter that the facts that are the basis of the disqualification or denial do
					 not constitute a conflict of interest.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 10 - ETHICAL CONDUCT BY ENTITIES DOING BUSINESS WITH THE DEPARTMENT › Subchapter F - SANCTIONS FOR ETHICAL VIOLATIONS BY OTHER ENTITIES › Section 10.251 - Application of Subchapter

Current through Reg. 49, No. 28; July 12, 2024
The sanctions provided by this subchapter are in addition
					 to other actions and remedies available to the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 10 - ETHICAL CONDUCT BY ENTITIES DOING BUSINESS WITH THE DEPARTMENT › Subchapter F - SANCTIONS FOR ETHICAL VIOLATIONS BY OTHER ENTITIES › Section 10.252 - Imposition of Sanctions

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				  director may impose a sanction on an entity for a violation of §
										10.101 of this
				  chapter (relating to Required Conduct).
(b) The imposition of a sanction on an entity
				  does not affect the entity's obligations under an agreement with the department
				  or limit the department's remedies under the agreement.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 10 - ETHICAL CONDUCT BY ENTITIES DOING BUSINESS WITH THE DEPARTMENT › Subchapter F - SANCTIONS FOR ETHICAL VIOLATIONS BY OTHER ENTITIES › Section 10.253 - Notice of Sanction; Suspension

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  the executive director imposes a sanction under this subchapter, the department
				  will notify the entity by certified mail within five working days after the
				  date of the executive director's decision. The notice will:
(1) state the sanction and the time period of
				  the sanction, if applicable;
(2)
				  summarize the facts and circumstances underlying the sanction;
(3) explain how the sanction was
				  selected;
(4) if applicable, inform
				  the entity of the imposition of a suspension under subsection (b) of this
				  section; and
(5) state that the
				  entity may appeal the sanction in accordance with §
											10.256 of this
				  subchapter (relating to Appeal of Sanction, Final Order, and Effective
				  Date).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 10 - ETHICAL CONDUCT BY ENTITIES DOING BUSINESS WITH THE DEPARTMENT › Subchapter F - SANCTIONS FOR ETHICAL VIOLATIONS BY OTHER ENTITIES › Section 10.254 - Available Sanctions

Current through Reg. 49, No. 28; July 12, 2024
(a) The available
				  sanctions, in order of increasing severity, are:
(1) a reprimand;
(2) prohibition from participating in a
				  specified agreement, whether the agreement was previously awarded or to be
				  awarded or whether funds under the agreement have been paid or are to be
				  paid;
(3) a limit on the contract
				  amount or amount of funds that may be awarded or paid to the entity for a
				  period of not more than 60 months; or
(4) debarment of the entity for a period of
				  not more than 60 months.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 10 - ETHICAL CONDUCT BY ENTITIES DOING BUSINESS WITH THE DEPARTMENT › Subchapter F - SANCTIONS FOR ETHICAL VIOLATIONS BY OTHER ENTITIES › Section 10.256 - Appeal of Sanction, Final Order, and Effective Date

Current through Reg. 49, No. 28; July 12, 2024
(a) An entity may appeal a sanction, other
				  than a reprimand, unless the sanction was ordered or directed by the federal
				  government, by delivering to the executive director a written notice of appeal
				  within 10 working days after the effective date of the sanction as specified in
				  the notice of sanction. If the notice of appeal is timely delivered, the entity
				  will be given the opportunity for an informal hearing before the executive
				  director. The executive director will set a time for the hearing at the
				  executive director's earliest convenience. The executive director will set time
				  the maximum allowed for oral presentations and the procedure for written
				  documents to be presented by the entity. After the hearing the executive
				  director will make a determination on the imposition of the sanction and may
				  impose a lesser sanction. The executive director will notify the entity in
				  writing within 5 working days of the executive director's determination on the
				  appeal.
(b) If the entity is
				  dissatisfied with the determination of the executive director, the entity may
				  request an administrative hearing under §1.21 et seq. of this title
				  (relating to Procedures in Contested Cases). To be effective the request must
				  be received by the executive director within 10 working days after the date
				  that the executive director mails the notification of determination under
				  subsection (a) of this section.
(c)
				  The proposal for decision will be presented to the commission at a regularly
				  scheduled open meeting. The commission may consider oral presentations. The
				  commission will make a determination based on the proposal for decision. The
				  commission's determination on the proposal for decision will be adopted by
				  minute order and reflected in the minutes of the meeting.
(d) If an appeal to the executive director or
				  by an administrative hearing, as appropriate, is not timely requested under
				  this section, the executive director will issue a final order imposing the
				  sanction when the deadline for requesting an appeal has passed. If an appeal is
				  timely requested, the executive director will issue a final order based on one
				  of the following:
(1) the executive director's
				  determination under subsection (a) of this section; or
(2) the commission's determination under
				  subsection (c) of this section.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 10 - ETHICAL CONDUCT BY ENTITIES DOING BUSINESS WITH THE DEPARTMENT › Subchapter F - SANCTIONS FOR ETHICAL VIOLATIONS BY OTHER ENTITIES › Section 10.257 - Lessening or Removal of Sanction

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  entity may request the reduction or removal of a sanction imposed under this
				  subchapter by delivering to the executive director the request in writing and
				  written documentation in support of the request demonstrating changes in the
				  circumstances that were described in the notice of the sanction under §
										10.253 of this
				  subchapter (relating to Notice of Sanction; Suspension).
(b) The executive director, at the executive
				  director's sole discretion, may decide to reduce or remove the sanction. The
				  executive director will send a written notice of the decision to the
				  entity.
(c) A request may not be
				  made under this section during the first year of the sanction, beginning on the
				  effective date of the sanction, as determined under §
										10.256(f)
				  of this subchapter (relating to Appeal of Sanction, Final Order, and Effective
				  Date). After that period, the executive director will consider not more than
				  one request under this section during any 12-month period.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter A - EMBANKMENTS OR PAVEMENT STRUCTURES › Section 11.11 - Sources of Materials

Current through Reg. 49, No. 28; July 12, 2024
(a) Local material
				  deposits may be secured by easement or through agreements which permit the
				  department or its contractor to remove earthen material for use in highway
				  construction or maintenance activities.
(b) Easements, rather than option agreements,
				  usually are used in areas where a genuine shortage of acceptable materials
				  exists or is anticipated. The consideration for the easement must be a fixed
				  sum based on the current royalty price in the area and a specified quantity of
				  material, and a unit price for additional quantities. The fixed sum is
				  determined after thorough investigation reveals the quantity of acceptable
				  material available and deductions for loss have been made. If the material
				  consists of borrow, the cost of borrow materials may not exceed the normal land
				  value of the material source.
(c)
				  Material option agreements with individual owners, estate administrators,
				  corporate officials, or state, county, or city officials may be used to secure
				  permission for the state or its contractor to remove local material deposits.
				  If the material consists of borrow, the cost of borrow may not exceed the
				  normal land value of the material source.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter B - HIGHWAY RIGHTS-OF-WAY › Section 11.21 - Multiple Use of Highway Right-of-Way

Current through Reg. 49, No. 28; July 12, 2024
(a) In the
				  development of highway projects, the department usually initially acquires all
				  right-of-way needed for full scale project development; however, certain areas
				  of this right-of-way may not be used in the initial stage of construction.
				  These areas and areas beneath elevated structures may be made available for
				  other public functions such as parking areas, recreational areas, public parks,
				  immigration control, law enforcement functions, special gas tax inspections, or
				  other such legal inspections.
(b)
				  The public use of specified areas beneath overhead structures or certain other
				  areas of right-of-way will be considered by the department when local
				  governmental authorities or other state or federal agencies indicate a
				  willingness to cooperate in the development of the same. Each proposed instance
				  of joint use will be considered on its individual merits and the respective
				  responsibilities of the department and other parties involved shall be fixed by
				  agreement.
(c) Departmental
				  approval for the joint use of highway right-of-way may be given only when it is
				  considered to be in the public's interest and it has been determined from
				  engineering and traffic investigations that it would not damage the highway
				  facilities, impair safety, impede highway maintenance, or in any way restrict
				  the operation of the freeway or highway facility.
(d) The department will generally be
				  responsible for the site grading, construction of access driveways, paving,
				  installation of curbs, or other such traffic control devices, lighting, basic
				  landscaping, and screening to ensure its aesthetic balance with the overall
				  highway design and the environment of the area. The maintenance and operation
				  of the entire joint use facility will be the responsibility of local
				  governmental agencies. The installation of parking meters, gates, shelters,
				  play equipment, or other appurtenances will generally be the financial
				  responsibility of the local governmental agency.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter C - ACCESS CONNECTIONS TO STATE HIGHWAYS › Section 11.50 - Access Management

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose and
				  need. Access management is an engineering and planning method of balancing the
				  needs of mobility and safety on a highway system with the needs of access to
				  adjacent land uses. Access management is one method of preserving the
				  substantial public investment in the ground transportation system by preserving
				  the roadway level of service. Further, access management can significantly
				  enhance traffic safety by reducing traffic accidents, personal injury, and
				  property damage. It has been noted that access management practices can promote
				  a more coordinated intergovernmental, long term approach to land use and
				  transportation decisions in the context of quality of life, economic
				  development, livable communities, and public safety. Given the benefits to the
				  ground transportation system and public safety, it is the intention of the
				  department to promote the use of access management on the state highway
				  system.
(b) Applicability. This
				  subchapter applies to all new access connections constructed on highways on the
				  state highway system. It also applies to existing access connections that are:
(1) reconstructed or otherwise modified as
				  part of a department project; or
(2) located on the right of way and are
				  reconstructed, relocated, enlarged, or otherwise modified by the permittee or
				  property owner.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter C - ACCESS CONNECTIONS TO STATE HIGHWAYS › Section 11.52 - Access Connection Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Permit.
(1) A permit is required before:
(A) the construction of an access connection;
				  or
(B) a material change in the use
				  of a permittee's real property, traffic volume for the access connection, or
				  vehicle types using the access connection, that would result in the application
				  of more stringent requirements under the department's access management
				  standards than are applicable to the existing approved access
				  connection.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter C - ACCESS CONNECTIONS TO STATE HIGHWAYS › Section 11.53 - Locations Where the Department Controls the Access

Current through Reg. 49, No. 28; July 12, 2024
(a) Access purchase requests. If new access
				  connections are requested on highways where the adjacent property owner has no
				  existing right of access, requests to purchase access will be considered under
				  the provisions of this section. The request must include an engineering study
				  acceptable to the department.
(b)
				  Approval. The commission will make the final determination concerning new
				  access connections under this section. The commission may consider the findings
				  of the engineering study and the mobility and safety of the highway system, or
				  any other relevant factors.
(c)
				  Documentation. When the commission approves the sale of access to the owner of
				  property adjoining the highway facility, the sale will be accomplished under
				  Transportation Code, Chapter 202, Subchapter B. Access points approved by the
				  commission under this section will be specifically described by a metes and
				  bounds property description.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter C - ACCESS CONNECTIONS TO STATE HIGHWAYS › Section 11.54 - Construction and Maintenance of Access Connection Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Cost for commercial and private
				  driveways. For commercial and private driveways, the cost of materials,
				  installation, construction, reconstruction, relocation, enlargement,
				  modification, and maintenance shall be the responsibility of the permittee,
				  except as otherwise provided in subsection (c) of this section.
(b) Cost for public driveways. For public
				  driveways, the cost of materials, installation, construction, reconstruction,
				  relocation, enlargement, and modification shall be the responsibility of the
				  permittee, except as otherwise provided in subsection (c) of this section. The
				  department shall maintain all portions of public driveways that lie within the
				  state highway right of way and that connect to highways that are the
				  maintenance responsibility of the department.
(c) Reconstruction by department.
(1) Any existing access connections that are
				  destroyed or removed in the construction or reconstruction of a section of
				  highway will be reestablished by the department at the expense of the state to
				  the extent necessary to provide reasonable access.
(2) If the department determines that the
				  proposed construction or reconstruction of a section of highway will
				  permanently alter permitted access to or from a state highway at an adjacent
				  property owner's existing driveway location, the department will:
(A) provide the property owner with written
				  notice of the highway project before the 60th day preceding the date
				  construction of the highway project begins; and
(B) at the expense of the state, reinstate
				  the pre-existing access to the most practicable extent possible after due
				  consideration of the impact on highway safety, mobility, and efficient
				  operation, and of any changes to traffic patterns that are likely to result
				  from the highway construction or reconstruction.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter C - ACCESS CONNECTIONS TO STATE HIGHWAYS › Section 11.55 - Appeal Process

Current through Reg. 49, No. 28; July 12, 2024
(a) A property
				  owner or its authorized representative, as the applicant, may file a petition
				  of appeal to contest:
(1) a requirement for a
				  change or repair under §
											11.54(d)
				  of this subchapter (relating to Inspection);
(2) the denial of a request for a variance
				  under §
											11.52(e)
				  of this subchapter (relating to Variance);
(3) a finding of significant impact and
				  threat to public safety under §
											11.52(g)
				  of this subchapter (relating to Remodeled business); or
(4) the denial of a request for a driveway
				  permit under §
											11.52(b)
				  of this subchapter (relating to Permit requirements).