reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter H - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS HISTORICAL COMMISSION › Section 2.266 - Artifact Recovery and Curation

Current through Reg. 49, No. 28; July 12, 2024
(a) Artifact
				  recovery.
(1) Artifacts or analysis samples
				  (such as soil samples) that are recovered from survey, testing, or data
				  recovery investigations by TxDOT or their contracted agents that address the
				  research questions must be cleaned, labeled, and processed in preparation for
				  long-term curation unless the artifacts or samples are approved by THC for
				  discard under 13 TAC Chapter 26 (relating to Practice and Procedure) and 13 TAC
				  Chapter 29 (relating to Management and Care of Artifacts and
				  Collections).
(2) To ensure proper
				  care and curation, recovery methods must conform to the applicable requirements
				  of 13 TAC Chapter 26 (relating to Practice and Procedure) and 13 TAC Chapter 29
				  (relating to Management and Care of Artifacts and Collections).
(3) Artifacts recovered from underwater
				  testing and data recovery projects require conservation as stated in
				  §26.15 of 13 TAC Chapter 26 and the conservation facility must be included
				  in the permit application and data recovery plan.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter H - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS HISTORICAL COMMISSION › Section 2.267 - Documentation for Archeological Sites and Cemeteries

Current through Reg. 49, No. 28; July 12, 2024
(a) Projects subject to review for
				  archeological sites and cemeteries under this MOU will be documented by TxDOT
				  in the manner described in this section. Documentation in the project file for
				  each such project will include, at a minimum:
(1) a description of the project, defining
				  the APE or the investigated portion of the APE in three dimensions;
(2) a project location map, plotting the
				  project location on 7.5' Series USGS quadrangle maps;
(3) information regarding the setting that is
				  relevant for the assessment of the integrity of any archeological sites within
				  the APE;
(4) information on
				  previously-recorded archeological sites in the project location;
(5) description and justification of the
				  level of effort undertaken for the investigation; and
(6) results and recommendations.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter H - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS HISTORICAL COMMISSION › Section 2.268 - Quarterly Reports for Archeological Sites and Cemeteries

Current through Reg. 49, No. 28; July 12, 2024
Reports will be submitted by TxDOT to THC at least once per
					 quarter, within 60 business days after the end of the calendar quarter. The
					 report will list all projects for which TxDOT has documented that no historic
					 properties and cemeteries are present in the project's area of potential
					 effect, and those projects that will have no adverse effects on archeological
					 historic properties and cemeteries.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter H - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS HISTORICAL COMMISSION › Section 2.269 - Public Outreach Regarding Archeological Sites and Cemeteries

Current through Reg. 49, No. 28; July 12, 2024
(a) TxDOT will conduct programmatic outreach
				  in order to broaden understanding of Texas archeology and history and TxDOT's
				  role in studying these topics, capitalize on partnerships to reach more
				  stakeholders and maximize outreach success, create opportunities to do outreach
				  using content from many different projects, and establish and maintain a link
				  between TxDOT's public involvement and consultation efforts.
(b) The outreach program will take the
				  following forms.
(1) TxDOT will develop and
				  implement a communications plan.
(2) TxDOT will increase stakeholder outreach
				  by conducting studies of existing and potential audiences, sharing information
				  and opportunities with partners, partnering with other agencies on educational
				  and outreach activities, and participating in conferences and events to raise
				  awareness of TxDOT's work.
(3)
				  TxDOT will create special projects or campaigns to support the goals of the
				  program.
(4) TxDOT will streamline
				  public involvement by working with other internal offices to identify and
				  engage with parties who may wish to engage in consultation on FHWA undertakings
				  under Section 106 of the National Historic Preservation Act.
(5) TxDOT will monitor the effectiveness of
				  its efforts and make appropriate adjustments to achieve the outreach
				  goals.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter H - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS HISTORICAL COMMISSION › Section 2.270 - Projects Excluded from Review for Non-Archeological Historic Properties

Current through Reg. 49, No. 28; July 12, 2024
(a) For the purposes of this section, the
				  term historic properties will refer only to non-archeological historic
				  properties.
(b) Based on previous
				  coordination outcomes, TxDOT and THC agree that the following types of routine
				  roadway projects pose limited potential to affect historic properties:
(1) maintenance, repair, installation, or
				  replacement, of transportation-related features, including fencing, signage,
				  traffic signals, railroad warning devices, safety end treatments, cameras and
				  intelligent highway system equipment, non-historic bridges, railroad crossings,
				  lighting, curbs and gutters, safety barriers, ditches, storm drains,
				  non-historic culverts, overpasses, channels, rip rap, and noise
				  barriers;
(2) maintenance and
				  in-kind repair of designated historic bridges, picnic areas, rest areas,
				  roadside parks, and, culverts;
(3)
				  maintenance, repair, or replacement of roadway surfacing, including crack seal,
				  overlay, milling, grooving, resurfacing, and restriping;
(4) maintenance, repair, reconfiguration, or
				  correction of roadway geometrics, including intersection improvements and
				  driveway and street connections;
(5) maintenance, repair, installation or
				  modification of pedestrian and cycling-related features, including American
				  with Disabilities Act ramps, trails, sidewalks, and bicycle and pedestrian
				  lanes unless they are on historic properties protected as SAL, county
				  courthouse, or by preservation easement or covenant;
(6) maintenance, repair, relocation,
				  addition, or minor widening of roadway, highway, or freeway features, including
				  turn bays, center turn lanes, shoulders, U-turn bays, right turn lanes, travel
				  lanes, interchanges, medians, and ramps;
(7) maintenance, repair, replacement, or
				  relocation of features at crossings of irrigation canals, including bridges,
				  new vehicle crossings, bank reshaping, pipeline and standpipe components, canal
				  conversion to below-grade siphons, and utilities;
(8) repairs needed as a result of an event,
				  natural or man-made, which causes damage to a designated state highway,
				  resulting in an imminent threat to life or property of the traveling public, or
				  which substantially disrupts or may disrupt the orderly flow of traffic and
				  commerce;
(9) design changes for
				  projects that have completed all applicable review and consultation where the
				  new project elements comprise only one or more of the activities listed in this
				  subsection; and
(10) other kinds of
				  undertakings jointly agreed to in writing by THC and TxDOT as not requiring
				  review.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter H - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS HISTORICAL COMMISSION › Section 2.271 - Procedures for Project Coordination when the Project Requires Review for Non-Archeological Historic Properties

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Historic properties. For the purposes of this section, the term historic
				  properties will refer only to non-archeological historic properties.
(b) Internal Review Projects. For projects
				  subject to review for historic properties under this MOU, TxDOT qualified
				  professional staff shall determine the presence or absence of historic
				  properties in the area of potential effects. Such efforts should focus on the
				  types of historic properties within public rights-of-way and other sensitive
				  areas, including but not limited to historic bridges, historic road corridors,
				  historic roadside parks and rest areas, historic Depression Era masonry
				  culverts, historic districts, historic courthouse squares and other historic
				  commercial zones. Project activities that TxDOT determines will have no effect
				  or no adverse effect on historic properties may be internally reviewed by TxDOT
				  and are approved for construction.
(c) Coordinated Projects. If TxDOT qualified
				  professional staff determines that a project requires individual coordination
				  with THC for a courthouse review, easement review, or antiquities permit or due
				  to a potential adverse effect on historic properties, TxDOT shall submit that
				  project to THC.
(1) THC will respond within
				  20 calendar days of receipt of TxDOT's request for review, in accordance with
				  and pursuant to the terms set out by an interagency contract executed by THC
				  and TxDOT, by indicating whether an affected historic property will require a
				  historic structures permit for an SAL, whether THC intends to initiate an SAL
				  nomination for the affected property, or whether additional consultation
				  pursuant to a preservation easement or covenant will be required. If THC does
				  not respond within 20 calendar days, TxDOT may assume THC's concurrence with
				  its determinations, and TXDOT may proceed with the project to
				  construction.
(2) In accordance
				  with Government Code, §
											442.008 and 13 TAC
				  §
											17.2(relating
				  to Review of Work on County Courthouses), TxDOT will notify THC of any work
				  affecting a county courthouse or its surrounding site, up to and including the
				  curb. THC will respond within 20 calendar days of receipt of TxDOT's
				  notification by indicating whether a historic structures permit for an SAL or
				  additional consultation pursuant to a preservation covenant or easement will be
				  required.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter H - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS HISTORICAL COMMISSION › Section 2.272 - Project File

Current through Reg. 49, No. 28; July 12, 2024
TxDOT's Environmental Compliance and Oversight System
					 (ECOS) is the project file of record for each project coordinated under this
					 MOU.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter H - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS HISTORICAL COMMISSION › Section 2.273 - Denial of Access

Current through Reg. 49, No. 28; July 12, 2024
In cases where access to private land for conducting
					 investigations is denied prior to the approval of the environmental review
					 document, TxDOT will make a commitment to complete appropriate investigations
					 once access is obtained, but prior to any construction related
					 impacts.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter H - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS HISTORICAL COMMISSION › Section 2.274 - MOU to Govern TxDOT Procedures

Current through Reg. 49, No. 28; July 12, 2024
TxDOT satisfies applicable THC requirements if it utilizes
					 the procedures of this MOU in lieu of other applicable THC procedures. In cases
					 where TxDOT is utilizing this MOU in lieu of other THC procedures, TxDOT must
					 follow the requirements of this MOU.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter H - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS HISTORICAL COMMISSION › Section 2.275 - Project-Specific Agreements

Current through Reg. 49, No. 28; July 12, 2024
Any project-specific agreements reached between TxDOT and
					 THC regarding the evaluation or treatment of project effects shall be honored
					 by both parties and shall supersede the requirements of this MOU. TxDOT and THC
					 may deviate from the terms of the agreement only when both parties concur that
					 the agreement requires revision.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter H - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS HISTORICAL COMMISSION › Section 2.276 - Continuous Improvement Agreement

Current through Reg. 49, No. 28; July 12, 2024
TxDOT and THC agree to collaborate on improvements to their
					 programs and development of innovative solutions for expedited review
					 procedures. Such mechanisms may include using project outcomes to refine
					 approaches to resource identification, evaluation, treatment methods,
					 programmatic mitigation measures and interagency agreements that facilitate
					 early coordination, and streamlining and expedited review of TxDOT's
					 transportation projects.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter H - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS HISTORICAL COMMISSION › Section 2.277 - THC Review of TxDOT Project Files

Current through Reg. 49, No. 28; July 12, 2024
THC may review TxDOT project files for specific
					 undertakings carried out under this MOU. THC may recommend process improvements
					 based on issues identified during the review.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter H - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS HISTORICAL COMMISSION › Section 2.278 - Dispute Resolution

Current through Reg. 49, No. 28; July 12, 2024
THC and TxDOT staff will be responsible for attempting to
					 resolve any conflict between THC and TxDOT that results from the implementation
					 of this subchapter before elevating to agency management.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter H - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS HISTORICAL COMMISSION › Section 2.279 - Review of MOU

Current through Reg. 49, No. 28; July 12, 2024
This MOU shall be reviewed and updated as provided by law
					 or by agreement between the parties. THC and TxDOT agree to convene every four
					 years to review, update, or extend this agreement.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter I - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Section 2.301 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter contains the Memorandum of Understanding
					 (MOU) between the Texas Department of Transportation (TxDOT) and the Texas
					 Commission on Environmental Quality (TCEQ) concerning the review of the
					 potential environmental effect of transportation projects as required by
					 Transportation Code, §
										201.607.
					 The MOU does not affect coordination or permits required by other state or
					 federal laws; however, as set forth in this MOU, TxDOT may elect to coordinate
					 with TCEQ under this MOU concerning transportation projects that this MOU does
					 not require to be coordinated. The purpose of this MOU is to provide a formal
					 mechanism by which TCEQ reviews transportation projects that have the potential
					 to affect resources within TCEQ's jurisdiction. This MOU also promotes the
					 mutually beneficial sharing of information between TxDOT and TCEQ, which will
					 assist TxDOT in making environmentally sound decisions.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter I - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Section 2.302 - Authority

Current through Reg. 49, No. 28; July 12, 2024
(a) Transportation Code, §
										201.607,
				  directs the Texas Department of Transportation to adopt memoranda of
				  understanding with each agency that has responsibilities for the protection of
				  the natural environment.
(b) Under
				  Water Code, §
										5.104(b)
				  and Health and Safety Code, §
										382.035,
				  the Texas Commission on Environmental Quality (TCEQ) may enter into a
				  memorandum of understanding with any other state agency and shall adopt by rule
				  any memorandum of understanding between TCEQ and any other state
				  agency.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter I - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Section 2.304 - Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) TxDOT is responsible for the development,
				  construction, maintenance, and operation of the state highway system and other
				  transportation systems as designated by the legislature.
(b) TCEQ is the state air and water pollution
				  control agency and is the principal authority in Texas on matters relating to
				  the quality of the state's air and water resources, including the following:
(1) Air quality. TCEQ's primary
				  responsibility relating to air, as designated by Health and Safety Code, §
											382.002,
				  includes, but is not limited to, setting standards, criteria, levels, and
				  emission limits for air quality and air pollution control; and
(2) Water quality. TCEQ is charged with the
				  protection of water quality, water rights, and the adoption and enforcement of
				  rules and performance of other acts relating to the safe construction,
				  maintenance, and removal of dams. TCEQ's jurisdiction over water quality, water
				  rights, and enforcement of both water quality, water rights, and dam safety
				  includes, but is not limited to, those items outlined in Water Code §
											5.013.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter I - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Section 2.305 - Coordination during Environmental Review Process

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. This section specifies
				  when TxDOT shall coordinate a transportation project with TCEQ. TxDOT may elect
				  to coordinate with TCEQ concerning other transportation projects that this MOU
				  does not require to be coordinated.
(1) Not
				  applicable. This MOU does not apply to a project that TxDOT classifies as a
				  categorical exclusion under §
											2.81 of
				  this chapter (relating to Categorical Exclusions) and TxDOT is not required to
				  coordinate such projects with TCEQ.
(2) Applicable. TxDOT will coordinate with
				  TCEQ on transportation projects that require environmental impact statements,
				  supplemental environmental impact statements, and environmental assessments as
				  defined in §
											2.5 of
				  this chapter, in the manner described in subsection (b) of this
				  section.
(3) Reevaluations. If
				  TxDOT prepares a written reevaluation for an EIS or EA level transportation
				  project under §
											2.85 of
				  this chapter (relating to Reevaluations), TxDOT shall coordinate the
				  reevaluation with TCEQ if the earlier coordination concerning the project is no
				  longer valid as a result of changes in the project.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter I - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Section 2.306 - Exchange of Air Quality Information

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Upon request by TxDOT, TCEQ will provide publicly available information to
				  TxDOT related to air quality, such as:
(1)
				  information useful for establishing existing air quality conditions to be
				  described in an environmental review document;
(2) the location and severity of conditions
				  in non-attainment areas;
(3)
				  information affecting transportation-related activity and mobile sources in the
				  state implementation plan; and
(4)
				  proposed and existing locations of roadside air monitors.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter I - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Section 2.307 - No Waiver of Rights

Current through Reg. 49, No. 28; July 12, 2024
As the state environmental regulatory agency, TCEQ
					 reserves all rights it has to enforce relevant laws, and the parties intend
					 that TCEQ's participation in this MOU does not have the effect of waiving those
					 rights or the requirements of any laws that apply to the projects covered by
					 this MOU. The parties agree that this MOU does not preclude either party from
					 making any legal argument.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter I - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Section 2.308 - Review of MOU

Current through Reg. 49, No. 28; July 12, 2024
This MOU shall be reviewed and updated no later than five
					 years from the adoption date. TxDOT and TCEQ by rule shall adopt the MOU and
					 all revisions to the MOU. If a change in state or federal law or a change in
					 the SIP necessitates a change in this MOU, or if the parties agree that there
					 has been a significant increase in the number of transportation projects
					 requiring TxDOT to coordinate with TCEQ, then representatives from both TxDOT
					 and TCEQ will meet to work out a mutually agreeable amendment to the
					 MOU.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter J - GULF INTRACOASTAL WATERWAY PROJECTS › Section 2.351 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Beneficial use--The
				  productive and positive use of dredged material as proposed by the U.S. Army
				  Corps of Engineers.
(2) Disposal
				  plan--A plan that evaluates and identifies preferred alternative dredge
				  material placement areas to accommodate the U.S. Army Corps of Engineers'
				  dredging needs along the GIWW.
(3)
				  Gulf Intracoastal Waterway (GIWW)--The main channel, not including tributaries
				  or branches, of the shallow draft navigation channel running from the Sabine
				  River southward along the Texas coast to the Brownsville Ship Channel near Port
				  Isabel.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter J - GULF INTRACOASTAL WATERWAY PROJECTS › Section 2.352 - Maintenance and Sponsorship of GIWW

Current through Reg. 49, No. 28; July 12, 2024
(a) The U.S. Army
				  Corps of Engineers is responsible for maintaining the GIWW.
(b) The State of Texas, under Transportation
				  Code, Chapter 51, is the nonfederal sponsor of the GIWW, and the commission is
				  the state's designee.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter J - GULF INTRACOASTAL WATERWAY PROJECTS › Section 2.353 - Disposal Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  may participate in the development of a disposal plan for dredged
				  material.
(b) Legislative approval
				  is required for any substantive change to the disposal plan developed for the
				  Laguna Madre reach of the GIWW dated October 11, 2002.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter J - GULF INTRACOASTAL WATERWAY PROJECTS › Section 2.354 - State Participation in a Beneficial Use Project

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  may participate in the development of a beneficial use project for dredged
				  material.
(b) The department will
				  accept from the U.S. Army Corps of Engineers proposals for beneficial use
				  projects in one or more of the following categories:
(1) habitat development;
(2) beach nourishment;
(3) aquaculture;
(4) parks and recreation;
(5) agriculture, forestry, and
				  horticulture;
(6) strip mine
				  reclamation and solid waste management;
(7) shoreline stabilization and erosion
				  control;
(8) construction and
				  industrial use; or
(9) material
				  transfer, such as transfer for fill, dikes, levees, parking lots,
				  roads.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter J - GULF INTRACOASTAL WATERWAY PROJECTS › Section 2.355 - Interagency Coordination

Current through Reg. 49, No. 28; July 12, 2024
(a) The interagency
				  coordination team is a group established by the U.S. Army Corps of Engineers to
				  review proposed federal development projects related to the GIWW. The
				  department is a member of the team. The team's duties include advising on the
				  determinations of consistency with the Texas Coastal Management
				  Program.
(b) The department will
				  coordinate with appropriate state and federal agencies to develop a proposal
				  for disposal plans or beneficial use projects.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter J - GULF INTRACOASTAL WATERWAY PROJECTS › Section 2.356 - Investigation of Proposed Disposal Plan or Beneficial Use Project

Current through Reg. 49, No. 28; July 12, 2024
(a) The interagency
				  coordination team described by §
										2.355(a) of this
				  subchapter (relating to Interagency Coordination) will investigate disposal
				  plans and beneficial use projects and evaluate the environmental and
				  operational suitability of each.
(b) The department or U.S. Army Corps of
				  Engineers will lead any field investigations. The agencies that are members of
				  the interagency coordination team will be requested to participate in field
				  investigations and to provide to the department written evaluations of the
				  disposal plans and beneficial use projects investigated.
(c) The interagency coordination team will
				  discuss with the department any proposed disposal plans or beneficial use
				  projects.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter J - GULF INTRACOASTAL WATERWAY PROJECTS › Section 2.357 - Preparation of Environmental Review Document and Public Participation

Current through Reg. 49, No. 28; July 12, 2024
After a disposal plan or beneficial use project related to
					 the GIWW has been proposed, the department will assist with:
(1) the preparation of the environmental
				  review document by the U.S. Army Corps of Engineers under
				  42 U.S.C. §
											4321 et seq. and applicable federal rules;
				  and
(2) any public participation
				  process conducted by the U.S. Army Corps of Engineers.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter J - GULF INTRACOASTAL WATERWAY PROJECTS › Section 2.358 - Notification of and Assistance to Property Owners

Current through Reg. 49, No. 28; July 12, 2024
(a) Before a public
				  hearing under §
										2.360 of this subchapter (relating
				  to Procedures for State Acquisition of Real Property), the department will:
(1) provide to each public or private owner
				  of real property to be acquired notice of the environmental and operational
				  suitability of the property for the proposed disposal plan, use as a dredged
				  material placement area, or beneficial use project;
(2) offer to meet with such an owner to
				  answer questions about the proposed disposal plan, dredged material placement
				  area, or beneficial use project related to the proposed acquisition;
				  and
(3) notify the owner of any
				  public meeting or public hearing on the proposed disposal plan, dredged
				  material placement area, or beneficial use project.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter J - GULF INTRACOASTAL WATERWAY PROJECTS › Section 2.359 - Public Meeting

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  may hold one or more public meetings on a proposed disposal plan, dredged
				  material placement area, or beneficial use project.
(b) The department will publish notice of a
				  public meeting under this section in a newspaper having general circulation in
				  each county in which the proposed disposal plan, dredged material placement
				  area, or beneficial use project is located and post the notice on the
				  department's website.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter J - GULF INTRACOASTAL WATERWAY PROJECTS › Section 2.360 - Procedures for State Acquisition of Real Property

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  commission proposes the acquisition of real property necessary to enable it to
				  meet its responsibilities as the nonfederal sponsor of the GIWW, or if the
				  commission proposes to participate in the cost of a project to beneficially use
				  dredge material that requires the acquisition of an interest in real property,
				  the commission, through the department, will hold a public hearing to receive
				  evidence and testimony concerning the desirability of the disposal plan, the
				  proposal to use the real property as a dredged material placement area under an
				  existing disposal plan, or the beneficial use project.
(b) The department will publish notice of the
				  plan, proposal, or project and the date, time, and place of the public hearing
				  at least once a week for three successive weeks before the hearing in a
				  newspaper of general circulation of each county in which any part of a proposed
				  dredge material disposal site, channel alteration, or beneficial use project
				  would be located.
(c) The
				  department also will:
(1) publish notice of
				  the hearing in at least one edition of the Texas Register; and
(2) post notice of the hearing on the
				  department's website.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter J - GULF INTRACOASTAL WATERWAY PROJECTS › Section 2.361 - Commission approval

Current through Reg. 49, No. 28; July 12, 2024
(a) After a public
				  hearing under §
										2.360 of this subchapter (relating
				  to Procedures for State Acquisition of Real Property), the commission may
				  approve and implement the proposed disposal plan, property use as a dredged
				  material placement area, or beneficial use project, including the acquisition
				  of real property, if it determines that the plan, property use, or project can
				  be accomplished without an unjustifiable waste of publicly or privately owned
				  natural resources or a permanent and substantial adverse impact on the
				  environment, wildlife, or fisheries.
(b) To approve and implement a beneficial use
				  project, in addition to the determination required under subsection (a) of this
				  section, the commission must determine that the project:
(1) is proposed by the U.S. Army Corps of
				  Engineers;
(2) is for one or more
				  beneficial use activities having a direct relationship to the GIWW;
(3) has local support;
(4) is limited to a logical unit of work and
				  capable of being implemented and completed within a reasonable time as
				  determined by the department; and
(5) is consistent with the Texas Coastal
				  Management Program.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter J - GULF INTRACOASTAL WATERWAY PROJECTS › Section 2.362 - Agreement to Participate in Beneficial Use Project

Current through Reg. 49, No. 28; July 12, 2024
If the commission approves the department's participation
					 in a beneficial use project, the commission will enter into an agreement with
					 the U.S. Department of the Army to participate in the cost of the
					 project.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter J - GULF INTRACOASTAL WATERWAY PROJECTS › Section 2.363 - Participation in Existing Beneficial Use Project

Current through Reg. 49, No. 28; July 12, 2024
(a) The department,
				  with the commission's approval and in accordance with this section, may
				  participate financially in an existing beneficial use project.
(b) The U.S. Army Corps of Engineers will
				  submit proposals in writing to the executive director or the executive
				  director's designee. A proposal must include:
(1) a description of the beneficial use
				  project and its benefits;
(2) a map
				  delineating the location of the beneficial use project;
(3) a proposed project schedule that includes
				  an anticipated completion date;
(4)
				  a detailed estimate of the project cost and an estimate of each amount
				  contributed to the project by the U.S. Army Corps of Engineers and each other
				  participating entity;
(5) a plan
				  addressing the operations and maintenance of the facility created by or
				  benefiting from the beneficial use project; and
(6) existing documentation related to the
				  operational and environmental suitability of the project and existing results
				  of field investigations, if available.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter J - GULF INTRACOASTAL WATERWAY PROJECTS › Section 2.364 - Prohibition on Use of Funds

Current through Reg. 49, No. 28; July 12, 2024
Funds provided by the department under this subchapter may
					 not be used for maintenance or operation of a beneficial use project.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 3 - PUBLIC INFORMATION › Subchapter B - ACCESS TO OFFICIAL RECORDS › Section 3.10 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
It is the policy of the Texas Department of Transportation
					 to provide the public complete information regarding the affairs of the
					 department in a manner that will facilitate and maximize public access. In
					 compliance with the Public Information Act, Government Code, Chapter 552, and
					 other statutes relating to the availability of public information, the sections
					 under this subchapter provide policies and procedures governing public access
					 to official department public records.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 3 - PUBLIC INFORMATION › Subchapter B - ACCESS TO OFFICIAL RECORDS › Section 3.11 - 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)
				  Commission--Texas Transportation Commission.
(2) Department--Texas Department of
				  Transportation.
(3) District
				  engineer--The chief administrative officer of a district of the
				  department.
(4) Division
				  director--The chief administrative officer of a division or office of the
				  department.
(5) Written request--A
				  request made in writing, including a request made by electronic
				  means.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 3 - PUBLIC INFORMATION › Subchapter B - ACCESS TO OFFICIAL RECORDS › Section 3.12 - Public Access

Current through Reg. 49, No. 28; July 12, 2024
(a) Request for
				  records. A person seeking records under Government Code, Chapter 552, Public
				  Information, must submit a request in writing to the department. The department
				  will accept only a written request that is delivered to the officer for public
				  information or a person designated by that officer and that is made using one
				  of the following methods:
(1) United States
				  mail to any district or division office;
(2) hand delivery to any district or division
				  office;
(3) electronic mail to
				  TxDOT_ORR@txdot.gov; or
(4)
				  electronic submission through the open records portal on the department's
				  Internet website, located at
http://www.txdot.gov
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 3 - PUBLIC INFORMATION › Subchapter B - ACCESS TO OFFICIAL RECORDS › Section 3.13 - Waiver of Fees for Certain Copies of Official Records

Current through Reg. 49, No. 28; July 12, 2024
(a) On request, the department will provide
				  copies of relevant records free of charge to an official party to an internal
				  employee complaint regarding discrimination, harassment, retaliation, or
				  unprofessional conduct. The division responsible for performing the complaint
				  investigation will determine which records are relevant under this
				  subsection.
(b) The department may
				  waive or reduce the fees charged for copies of records if the executive
				  director or the district engineer or division director with jurisdiction over
				  the records determines a waiver to be in the public interest because providing
				  the records primarily benefits the general public or because the records can be
				  produced at a minimal expense to the public.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 3 - PUBLIC INFORMATION › Subchapter C - COMPLAINT RESOLUTION › Section 3.20 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) Transportation Code, §
										201.801, requires the
				  department to:
(1) maintain a system to
				  promptly and efficiently act on complaints filed with the department;
(2) maintain information about the parties to
				  and the subject matter of a complaint and a summary of the review or
				  investigation of the complaint and the disposition of the complaint;
(3) periodically notify the parties to the
				  complaint of its status until final disposition unless notice would jeopardize
				  an undercover investigation; and
(4) make information available describing its
				  procedures for complaint investigation and resolution.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 3 - PUBLIC INFORMATION › Subchapter C - COMPLAINT RESOLUTION › Section 3.21 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
The policies and procedures of this subchapter do not apply
					 to a:
(1) contested case under
				  §§
										1.21-
				  1.38 of
				  this title (relating to Procedures in Contested Case);
(2) vendor protest of a delegated purchase
				  under Government Code, Chapter 2155;
(3) department employee complaint governed by
				  the department's Human Resources Manual;
(4) routine inquiry, report of a condition on
				  a state highway, or request for information; or
(5) report of a matter or an investigation
				  request submitted to the department's internal compliance office established
				  under Transportation Code, Chapter 201, Subchapter F-1.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 3 - PUBLIC INFORMATION › Subchapter C - COMPLAINT RESOLUTION › Section 3.22 - 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)
				  Complainant--A person who files a complaint.
(2) Complaint--An oral or written statement,
				  including an electronic complaint submitted under §
										3.23(c)
				  of this subchapter (relating to Filing a Complaint), concerning a matter which
				  the department has the authority to resolve, and that:
(A) expresses dissatisfaction about:
(i) a department policy, program, procedure,
				  action, or operation; or
(ii) an
				  action or operation of a department contractor; and
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 3 - PUBLIC INFORMATION › Subchapter C - COMPLAINT RESOLUTION › Section 3.23 - Filing a Complaint

Current through Reg. 49, No. 28; July 12, 2024
(a) Written
				  complaint. A person may file a written complaint addressed to the department,
				  attention: Public Information Officer, at:
(1) its main business office, 125 East 11th
				  Street, Austin, Texas 78701-2483; or
(2) any other business office of the
				  department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 3 - PUBLIC INFORMATION › Subchapter C - COMPLAINT RESOLUTION › Section 3.24 - Notice to Customers

Current through Reg. 49, No. 28; July 12, 2024
The department will provide contact information as may be
					 appropriate to geographical locations and subject matter for purposes of
					 directing complaints to the department. In addition to any other method used by
					 the department to provide the information, the department will publish notice
					 of how to direct complaints:
(1) in
				  selected public information literature;
(2) on the department's Internet site;
				  and
(3) at each business office of
				  the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 3 - PUBLIC INFORMATION › Subchapter C - COMPLAINT RESOLUTION › Section 3.25 - Complaint Resolution

Current through Reg. 49, No. 28; July 12, 2024
(a) Review. The
				  department will promptly review a complaint filed under §
										3.23 of this
				  subchapter (relating to Filing a Complaint) and will make every reasonable
				  effort to resolve the matter consistent with applicable law.
(b) Resolution. After reviewing the complaint
				  the department will determine:
(1) the action
				  that the department plans to take, or that action has been taken, to address
				  the matter that is the subject of the complaint; or
(2) that the department will take no action
				  on the matter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 3 - PUBLIC INFORMATION › Subchapter C - COMPLAINT RESOLUTION › Section 3.26 - Complaint Data Collection, Analysis, and Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a) Data collection. The department will
				  maintain a computer database for complaints. The database will contain for each
				  complaint filed under §
										3.23 of this
				  subchapter (relating to Filing a Complaint) customer information that is
				  appropriate for the compilation and analysis of detailed complaint data. The
				  information will include:
(1) the date the
				  complaint is filed;
(2) the name of
				  the person filing the complaint;
(3) the subject matter of the
				  complaint;
(4) a record of each
				  person contacted in relation to the complaint;
(5) a summary of the results of the review or
				  investigation of the complaint;
(6)
				  if the department takes no action on the complaint, an explanation of the
				  reasons that no action was taken;
(7) the length of time required to provide a
				  response to the customer from the date that the complaint was received by the
				  department; and
(8) if applicable,
				  the county and district where the person, thing, or condition that is the
				  subject of the complaint is located.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter B - JOB APPLICATION PROCEDURES › Section 4.10 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
It is the policy and practice of the Texas Transportation
					 Commission and the Texas Department of Transportation to ensure and promote
					 internal and external equal employment opportunity and to use affirmative
					 action to achieve these ends. In keeping with this policy and with the
					 requirements of Transportation Code, §§
										201.401 -
					 201.404 and
					 Government Code, Chapters 656, 657, and 672, this subchapter prescribes the
					 procedures for notifying potential applicants of vacant positions within the
					 department, making applications for employment, and obtaining employment
					 preferences related to military service and for former foster
					 children.