reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter F - TRANSPORTATION ALTERNATIVES PROGRAM › Section 11.315 - Elimination of Project from the TAP

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  project will be eliminated from participation in the TAP if at any time prior
				  to the execution of the local agreement, the governing body of a municipality
				  or county in which project activities are proposed, by resolution, order, or
				  other official action, notifies the department of its opposition to the
				  project.
(b) The executive director
				  may eliminate a project or a portion of a project from participation in the TAP
				  if at any time:
(1) the project sponsor fails
				  to satisfy any requirement of this subchapter;
(2) implementation of the project would
				  involve significant deviation from the activities as proposed in the nomination
				  package and approved by the commission;
(3) the project sponsor withdraws from
				  participation in the project;
(4) a
				  construction contract has not been awarded or construction has not been
				  initiated within three years after the date that the commission selected the
				  project;
(5) a local agreement is
				  not executed within one year after the date that the commission selected the
				  project; or
(6) the executive
				  director determines that federal funding may be lost because the project has
				  not been implemented or completed.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter F - TRANSPORTATION ALTERNATIVES PROGRAM › Section 11.316 - Project Transfer; Approval of Change

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  If at any time legislative action requires transfer of the project to another
				  entity, the department may terminate the existing project agreement and execute
				  an agreement with the responsible entity.
(b) A transfer under subsection (a) of this
				  section must receive approval from FHWA.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter F - TRANSPORTATION ALTERNATIVES PROGRAM › Section 11.317 - Maintenance and Operation; Dedication for Public Use

Current through Reg. 49, No. 28; July 12, 2024
(a) A project selected by the commission
				  shall be maintained and operated for the purpose for which it was approved and
				  funded and for a period of time that is commensurate with the amount of federal
				  investment in the project.
(b) A
				  project selected by the commission shall be dedicated for public use for the
				  greater of:
(1) a period that is commensurate
				  with the amount of federal investment in the project; or
(2) 10 years, if the amount of federal
				  investment in the project is $1 million or less, or 20 years, if the amount of
				  federal investment is more than $1 million.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter G - TRANSPORTATION ALTERNATIVES SET-AISDE PROGRAM › Section 11.400 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The sections under this subchapter prescribe the policies
					 and procedures for the implementation and administration of the Transportation
					 Alternatives Set-Aside Program (TA Set-Aside Program), as authorized by
					 23 U.S.C. §
											133(h).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter G - TRANSPORTATION ALTERNATIVES SET-AISDE PROGRAM › Section 11.401 - 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) Executive
				  director--The executive director of the Texas Department of Transportation or
				  the executive director's designee.
(4) FHWA--Federal Highway
				  Administration.
(5) Local
				  agreement--An agreement between the project sponsor and the department which
				  includes a commitment for the required local funding, describes the total scope
				  and course of project activities, and outlines the responsibilities and duties
				  of the participants.
(6)
				  Metropolitan planning organization (MPO)--The organization or policy board of
				  an organization created and designated under
				  23 U.S.C. §
											134, and
				  49 U.S.C. §
											5303, to make transportation planning
				  decisions for the metropolitan planning area and carry out the metropolitan
				  planning process.
(7) Project--An
				  undertaking to implement or construct an eligible activity at a specific
				  location or locations, or, if the context so implies, the particular activity
				  so implemented or constructed.
(8)
				  Project sponsor--An eligible entity, as defined by
				  23 U.S.C. §
											133(h), that nominates a
				  particular project for consideration and commits to the project's development,
				  implementation, management, and financing.
(9) State--The State of Texas or any of its
				  political subdivisions.
(10)
				  Statewide Transportation Improvement Program (STIP)--A four year short-range
				  program developed by the department as a compilation of all metropolitan
				  transportation improvement programs, together with rural transportation
				  improvement programs, that include recommendations from rural planning
				  organizations and department districts for the areas of the state that are
				  outside of the boundaries of a metropolitan planning organization, including
				  transportation between cities.
(11)
				  Surface transportation system--An interconnected surface transportation network
				  for moving people and goods using various combinations of transportation
				  modes.
(12) Transportation
				  Improvement Program (TIP)--A short-range program developed by each metropolitan
				  planning organization in cooperation with the department and public
				  transportation operators that covers a four-year period and contains a
				  prioritized listing of all projects proposed for federal funding and regionally
				  significant projects proposed for state, federal, and local funding in a
				  metropolitan area.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter G - TRANSPORTATION ALTERNATIVES SET-AISDE PROGRAM › Section 11.402 - Program Administration

Current through Reg. 49, No. 28; July 12, 2024
(a) The state is
				  required to suballocate, in accordance with
				  23 U.S.C. §
											133(h), a part of its TA
				  Set-Aside apportionment to urbanized areas with populations over
				  200,000.
(b) Each MPO serving an
				  urbanized area with a population over 200,000 shall implement the TA Set-Aside
				  Program for the award of funds suballocated within that area. Section 11.403 of
				  this subchapter (relating to Project Selection by MPOs) applies only to the use
				  of those TA Set-Aside funds.
(c)
				  For TA Set-Aside funds not covered by subsection (b) of this section, the
				  commission will select projects through a competitive process administered by
				  the department. Sections 11.404- 11.417 of this subchapter apply only to the
				  use of those TA Set-Aside funds.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter G - TRANSPORTATION ALTERNATIVES SET-AISDE PROGRAM › Section 11.404 - Eligible Activities

Current through Reg. 49, No. 28; July 12, 2024
(a) During a
				  program call administered by the department, TA Set-Aside funds may be awarded
				  for any of the following activities:
(1)
				  construction of on-road and off-road trail facilities for pedestrians,
				  bicyclists, and other non-motorized forms of transportation, including
				  sidewalks, bicycle infrastructure, pedestrian and bicycle signals, traffic
				  calming techniques, lighting and other safety-related infrastructure, and
				  transportation projects to achieve compliance with the Americans with
				  Disabilities Act of 1990;
(2)
				  construction of infrastructure-related projects and systems that will provide
				  safe routes for non-drivers, including children, older adults, and individuals
				  with disabilities to access daily needs;
(3) conversion and use of abandoned railroad
				  corridors for trails for pedestrians, bicyclists, or other non-motorized
				  transportation users;
(4)
				  construction of boulevards and other roadways that are located primarily in the
				  right of way of former interstate system highways or other divided highways and
				  that improve access for bicyclists, pedestrians, and transit users but do not
				  reduce on-system roadway capacity unless such a reduction has the prior
				  approval of the department;
(5)
				  construction of infrastructure-related projects to improve the ability of
				  students to walk and bicycle to school, including sidewalk improvements,
				  traffic calming and speed reduction improvements, pedestrian and bicycle
				  crossing improvements, on-street bicycle facilities, off-street bicycle and
				  pedestrian facilities, secure bicycle parking facilities, and traffic diversion
				  improvements in the vicinity of schools;
(6) implementation of non-infrastructure
				  activities that are designed to encourage walking and bicycling to school,
				  including public awareness campaigns and outreach to the news media and
				  community leaders, traffic education and enforcement in the vicinity of
				  schools, student education on bicycle and pedestrian safety, health, and
				  environment, and funding for training volunteers for and managers of safe
				  routes to school programs; and
(7)
				  activities in furtherance of a vulnerable road user safety assessment, as
				  defined in
				  23 U.S.C. §
												148.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter G - TRANSPORTATION ALTERNATIVES SET-AISDE PROGRAM › Section 11.405 - Allowable Costs

Current through Reg. 49, No. 28; July 12, 2024
(a) Costs are
				  allowable only if they are necessary expenditures for an activity for which TA
				  Set-Aside Program funds may be used under §
										11.404 of
				  this subchapter (relating to Eligible Activities) and are eligible for
				  reimbursement under applicable statutes and regulations.
(b) Costs incurred before the execution of
				  the local agreement or before federal and state approval and authorization to
				  proceed are not eligible for reimbursement.
(c) The costs of preliminary engineering,
				  including environmental studies and documentation, design, and plans,
				  specifications, and estimates are allowable costs.
(d) The costs of right-of-way acquisition
				  incidental to construction activities, as specified in the program call
				  materials or otherwise approved by the department, are allowable
				  costs.
(e) Eligible
				  pre-construction costs incurred by the department are reimbursable.
(f) All pre-construction costs are the
				  responsibility of the project sponsor except as provided by this
				  section.
(g) Expenditures for
				  routine operation and maintenance are not allowable costs unless specifically
				  allowed under the individual federal category for which the project
				  qualifies.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter G - TRANSPORTATION ALTERNATIVES SET-AISDE PROGRAM › Section 11.406 - Local Funding Match

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided by this section, the local funding match must be cash provided by or
				  through the project sponsor.
(b)
				  Transportation development credits, state funds, or both may be available to
				  apply to all or part of the local funding match if the community:
(1) is in an economically disadvantaged
				  county, as defined in the Transportation Code, §
											222.053(a)
				  or described by Transportation Code, §
											222.053(a-1);
				  or
(2) satisfies economic need
				  criteria specified in the program call materials.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter G - TRANSPORTATION ALTERNATIVES SET-AISDE PROGRAM › Section 11.407 - Call for Nominations

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  department will issue a notice of a call for project nominations by publication
				  in the
Texas Register.
(b) The notice will include information
				  regarding the content of the nomination package, the procedures applicable to
				  the program call, and the specific evaluation criteria to be used during the
				  project selection process.
(c) All
				  or a portion of a call for nominations may be designated for a particular
				  eligible activity.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter G - TRANSPORTATION ALTERNATIVES SET-AISDE PROGRAM › Section 11.408 - Nomination Package

Current through Reg. 49, No. 28; July 12, 2024
(a) To nominate a
				  project during a program call administered by the department, the project
				  sponsor must submit its nomination in the form prescribed by the
				  department.
(b) The nomination
				  package must present persuasive evidence of support for the proposed project
				  from the communities in which it would be implemented and include a commitment
				  to provide a local funding match of at least 20% of the allowable costs of the
				  project, subject to §
										11.406 of
				  this subchapter (relating to Local Funding Match).
(c) If the project is located in a county
				  that has been certified by the commission as an economically disadvantaged
				  county, the nomination package may include a request for adjustment to the
				  minimum local funding match requirement. For those projects in which the
				  commission is authorized by law to provide state cost participation, the
				  department may adjust the amount required by Subsection (b) of this section. If
				  an adjustment is granted, the adjustment percentage in effect for the county at
				  the time the program call is initiated will be used. The county must remain
				  eligible for the adjustment until the date the project sponsor enters into the
				  local agreement.
(d) A complete
				  nomination package must be received by the department not later than the
				  specified deadline published in the
Texas Register.
A
				  nomination package that fails to include any of the items specified in this
				  section or the respective program call is considered to be incomplete and will
				  not be considered for funding. The department may request supplemental
				  information as needed to conduct project screening and evaluation.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter G - TRANSPORTATION ALTERNATIVES SET-AISDE PROGRAM › Section 11.409 - Project Screening and Evaluation

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  executive director will appoint a project evaluation committee consisting of
				  department staff to review, evaluate, and make recommendations on projects
				  submitted during a program call administered by the department.
(b) The committee will screen each project to
				  determine whether it is eligible for funding under applicable federal and state
				  law and whether it meets technical standards established by applicable law and
				  accepted professional practice.
(c)
				  The committee will evaluate the benefits of each project that is determined to
				  be eligible under subsection (b) of this section or § 11.410 of this
				  subchapter based on the specific selection criteria set forth in the program
				  call.
(d) The committee will
				  provide project selection recommendations and supporting documentation to the
				  director of the division responsible for administering the TA Set-Aside
				  Program.
(e) The director of the
				  division responsible for administering the TA Set-Aside Program will review the
				  recommendations and supporting documentation submitted by the committee and
				  provide a final list of recommended projects to the commission for
				  consideration.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter G - TRANSPORTATION ALTERNATIVES SET-AISDE PROGRAM › Section 11.410 - Finding of Ineligibility; Request for Reconsideration

Current through Reg. 49, No. 28; July 12, 2024
(a) The department will by certified mail,
				  return receipt requested, notify the project sponsor of ineligible activities
				  proposed and the reason for the determination.
(b) A request for reconsideration of a
				  finding of ineligibility may be initiated only by a letter from the nominating
				  entity to the executive director setting forth reasons in support of a finding
				  of eligibility. The letter requesting reconsideration must be received by the
				  department not later than 15 days after the day that nominating entity received
				  the department's notification, as established by the return receipt.
(c) The determination of the executive
				  director in response to the request for reconsideration is final.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter G - TRANSPORTATION ALTERNATIVES SET-AISDE PROGRAM › Section 11.411 - Selection of Projects by the Commission

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The commission, by written order, will select projects for funding under the TA
				  Set-Aside Program based on:
(1)
				  recommendations from the director of the division responsible for administering
				  the TA Set-Aside Program;
(2) the
				  potential benefit to the state of the project; and
(3) whether the project enhances the surface
				  transportation system.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter G - TRANSPORTATION ALTERNATIVES SET-AISDE PROGRAM › Section 11.412 - Inclusion of Selected Projects in Planning Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) If a project selected by the commission
				  is to be implemented in a metropolitan area, the department will request that
				  the MPO for that area immediately begin the process required to include the
				  selected project in its TIP.
(b)
				  The department will also immediately begin the process required to include all
				  selected projects in the STIP.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter G - TRANSPORTATION ALTERNATIVES SET-AISDE PROGRAM › Section 11.413 - Project Implementation

Current through Reg. 49, No. 28; July 12, 2024
(a) The project
				  sponsor shall implement or arrange for implementation of each project selected
				  by the commission in accordance with statutory requisites and contracting
				  procedures applicable to the type and character of the project. The department,
				  in its sole discretion, may agree to implement a project on behalf of a project
				  sponsor.
(b) All projects shall be
				  developed:
(1) to current standards and
				  specifications established or recognized by the federal government and the
				  department; and
(2) in accordance
				  with this subchapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter G - TRANSPORTATION ALTERNATIVES SET-AISDE PROGRAM › Section 11.414 - Payment of Costs

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  will submit all requests for reimbursement of allowable costs to
				  FHWA.
(b) A project sponsor must
				  use the forms and procedures specified by the department to request
				  reimbursement of allowable costs incurred.
(c) For locally administered projects, the
				  entire project cost is borne by the project sponsor until reimbursement can be
				  obtained from FHWA for eligible activities.
(d) Costs incurred prior to the inclusion of
				  the project in the STIP, execution of the local agreement, or federal and state
				  approval and authorization to proceed are not eligible for
				  reimbursement.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter G - TRANSPORTATION ALTERNATIVES SET-AISDE PROGRAM › Section 11.415 - Elimination of Project from the TA Set-Aside Program

Current through Reg. 49, No. 28; July 12, 2024
(a) A project will be eliminated from
				  participation in the TA Set-Aside Program if prior to the execution of the
				  local agreement, the governing body of a municipality or county in which
				  project activities are proposed, by resolution, order, or other official
				  action, notifies the department of its opposition to the project.
(b) The executive director may eliminate a
				  project or a portion of a project from participation in the TA Set-Aside
				  Program if:
(1) the project sponsor fails to
				  satisfy any requirement of this subchapter;
(2) implementation of the project would
				  involve significant deviation from the activities proposed in the nomination
				  package and approved by the commission;
(3) the project sponsor withdraws from
				  participation in the project;
(4) a
				  construction contract has not been awarded or construction has not been
				  initiated within three years after the date that the commission selected the
				  project;
(5) a local agreement is
				  not executed within one year after the date that the commission selected the
				  project; or
(6) the executive
				  director determines that federal funding may be lost because the project has
				  not been implemented or completed.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter G - TRANSPORTATION ALTERNATIVES SET-AISDE PROGRAM › Section 11.416 - Project Transfer; Approval of Change

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  If legislative action requires transfer of the project to another entity, the
				  department may terminate the existing project agreement and execute an
				  agreement with the responsible entity.
(b) A transfer under subsection (a) of this
				  section must receive approval from FHWA.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter G - TRANSPORTATION ALTERNATIVES SET-AISDE PROGRAM › Section 11.417 - Maintenance and Operation; Dedication for Public Use

Current through Reg. 49, No. 28; July 12, 2024
(a) A project selected by the commission
				  shall be maintained and operated for the purpose for which it was approved and
				  funded and for a period of time that is commensurate with the amount of federal
				  investment in the project.
(b) A
				  project selected by the commission shall be dedicated for public use for the
				  greater of:
(1) a period that is commensurate
				  with the amount of federal investment in the project; or
(2) 10 years, if the amount of federal
				  investment in the project is $1 million or less, or 20 years, if the amount of
				  federal investment is more than $1 million.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter G - TRANSPORTATION ALTERNATIVES SET-AISDE PROGRAM › Section 11.418 - Annual Reporting to FHWA

Current through Reg. 49, No. 28; July 12, 2024
The department will annually submit a report to FHWA that
					 describes:
(1) the total number of
				  project applications received for the federal fiscal year (the period of
				  October 1 through September 30), including the aggregate cost of the projects
				  for which applications are received and the types of projects to be carried
				  out, expressed as percentages of the total apportionment for TA Set-Asides;
				  and
(2) the total number of
				  projects selected for funding for each federal fiscal year, including the
				  aggregate cost and location of projects selected.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 12 - PUBLIC DONATION AND PARTICIPATION PROGRAM › Subchapter A - PUBLIC PARTICIPATION PROGRAMS › Section 12.1 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
In order to increase public awareness of the maintenance
					 needs of the state highway and airport systems, improve the aesthetics of state
					 highways and airports, and maximize the use of taxpayer revenue, it is the
					 policy of the Texas Transportation Commission to encourage public participation
					 in the maintenance, landscaping, and beautification of the state highway and
					 airport systems through the creation of programs whereby local governments and
					 private entities may adopt sections of the state highway system or airports for
					 litter pickup, routine maintenance, landscaping, and beautification. The
					 sections under this subchapter govern the operation of these
					 programs.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 12 - PUBLIC DONATION AND PARTICIPATION PROGRAM › Subchapter A - PUBLIC PARTICIPATION PROGRAMS › Section 12.3 - Adopt-a-Highway Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  Adopt-a-Highway Program (Program) allows private citizens an opportunity to
				  support the department's litter prevention programs by adopting a section of
				  highway for the purpose of reducing litter on an adopted section through public
				  participation. This section sets forth policies and procedures to be used in
				  administering the Program.
(b)
				  Participation.
(1) Adoption. An eligible
				  group may, upon approval by the department, adopt a section of a highway on the
				  state highway system for purposes of picking up and removing litter from the
				  rights-of-way of that section under such terms and conditions as may be
				  prescribed by the department and the commission. The adoption of a section of
				  highway is a privilege that may be granted by the department to individuals or
				  groups who would assist the Program in achieving its purpose and goals. The
				  department may deny a request to adopt a section of highway if, in its opinion,
				  granting the request would jeopardize the Program, be counterproductive to its
				  purpose, or create a hazard to the safety of the traveling public. Highway
				  safety is a principal concern in all decisions related to the Program. Program
				  participants must agree to hold the department harmless and agree not to hold
				  the department responsible for any injuries that they may suffer or damages
				  they may cause or suffer as a result of participation in the Program.
(2) Eligibility.
(A) The following groups are eligible to
				  participate in the Program:
(i) members or
				  employees of civic and nonprofit organizations;
(ii) employees of private businesses and
				  governmental entities;
(iii)
				  families; and
(iv)
				  individuals.
(B) To be
				  eligible a group must be located or reside in the county or a county adjacent
				  to the county in which the adopted section is located.
(C) Only individuals or groups who are
				  responsible and wish to assist the department will be allowed to adopt a
				  highway.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 12 - PUBLIC DONATION AND PARTICIPATION PROGRAM › Subchapter A - PUBLIC PARTICIPATION PROGRAMS › Section 12.4 - Adopt-a-Highway for Landscaping Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. The Adopt-a-Highway for Landscaping Program (Program) augments the
				  Adopt-a-Highway Program, established in §
										12.3 of
				  this subchapter (relating to Adopt-a-Highway Program) by allowing groups to
				  adopt a section of rural state highway right-of-way for landscape development
				  and maintenance to enhance the beauty of rural Texas highways while preserving
				  the integrity of native Texas flora and providing litter pickup. This section
				  sets forth policies and procedures to be used in administering the
				  Program.
(b) Participation.
(1) Adoption. An eligible group may, upon
				  approval by the department, adopt a rural section of the state highway system
				  for landscape development and maintenance and litter pickup.
(2) Eligibility.
(A) The following groups are eligible to
				  participate in the Program:
(i) members or
				  employees of civic and nonprofit organizations;
(ii) employees of private businesses and
				  governmental entities; and
(iii)
				  families.
(B) To be
				  eligible a group must be located or reside in the county or a county adjacent
				  to the county in which the adopted section is located.
(3) Current participating groups. Groups
				  currently participating in the Program for litter control will be given the
				  opportunity to expand their scope of support by adopting their respective
				  sections of highway right-of-way as a landscape project if their section
				  satisfies requirements relating to right-of-way width, highway geometrics,
				  sight distance, and safety considerations.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 12 - PUBLIC DONATION AND PARTICIPATION PROGRAM › Subchapter A - PUBLIC PARTICIPATION PROGRAMS › Section 12.5 - Landscape Cost Sharing Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  Landscape Cost Sharing Program (Program) allows individuals, private
				  businesses, organizations, and local governments an opportunity to support the
				  aesthetic improvement of the state highway system by sharing the project
				  development, establishment, and maintenance cost of landscaping the state
				  highway system. This section sets forth policies and procedures governing the
				  Program.
(b) Participation.
(1) Eligible entities. An individual, private
				  business, organization, or local government may share in the cost of the
				  development, establishment, and maintenance of the landscaping of a segment of
				  the state highway system upon approval of the district engineer. An individual,
				  private business, or organization is eligible to participate:
(A) as a donor through the local government
				  by providing to the local government donations in an amount equal to not less
				  than 25% of the local government's share of the project cost; or
(B) as a non-governmental donor by providing
				  donations directly to the department if the donor is located in the county or a
				  county adjacent to the county in which the project site is located.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 12 - PUBLIC DONATION AND PARTICIPATION PROGRAM › Subchapter A - PUBLIC PARTICIPATION PROGRAMS › Section 12.6 - Adopt-a-Freeway Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  Adopt-a-Freeway Program (Program) allows private businesses, civic
				  organizations, and local governments an opportunity to support the department's
				  landscape programs by adopting a section of urban freeway for the purpose of
				  project development and project establishment and maintenance on that section.
				  This section sets forth policies and procedures governing the
				  Program.
(b) Participation in
				  program.
(1) Local government. A local
				  government, upon approval by the district engineer, may adopt a section of
				  urban state highway right-of-way for the purpose of project design, project
				  development, and project establishment and maintenance by assuming the
				  responsibility for all design, construction, establishment, and maintenance
				  costs involved in the project.
(2)
				  Donor.
(A) An eligible private business or
				  civic organization may participate in the Program by providing to the local
				  government cash or non-cash donations in an amount equal to not less than 25%
				  of the project cost. The donor will receive recognition of the donation by the
				  erection at the project site of a sign announcing participation by the donor in
				  the Program.
(B) A private business
				  or civic organization is eligible to participate in the Program as a donor if
				  the business or civic organization is located in the county or a county
				  adjacent to the county in which the adopted section is located.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 12 - PUBLIC DONATION AND PARTICIPATION PROGRAM › Subchapter A - PUBLIC PARTICIPATION PROGRAMS › Section 12.7 - Landscape Partnership Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. The Landscape Partnership Program (program) allows individuals,
				  private businesses, organizations, and local governments an opportunity to
				  support the aesthetic improvement of the state highway system by donating the
				  project development, establishment, and maintenance of a landscaped section of
				  the state highway system. This section sets forth policies and procedures
				  governing the program.
(b)
				  Participation.
(1) Eligible entities. An
				  individual, private business, organization, or local government may develop,
				  establish, and maintain the landscape of a section of the state highway system
				  upon approval of the district engineer. An individual, private business, or
				  organization is eligible to participate:
(A)
				  as a donor through the local government by providing donations to the local
				  government; or
(B) as a
				  nongovernmental donor by providing donations directly to the
				  department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 12 - PUBLIC DONATION AND PARTICIPATION PROGRAM › Subchapter A - PUBLIC PARTICIPATION PROGRAMS › Section 12.8 - General Sign Restrictions

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  is generally prohibited by law from expending any funds, directly or
				  indirectly, for the purpose of influencing the outcome of any election or the
				  passage or defeat of any legislation, and will not erect a sign in violation of
				  this prohibition.
(b) The
				  department will remove a sign erected under this subchapter which is damaged
				  due to vandalism, and will not replace the sign within the terms of the
				  agreement unless the group remits to the department an amount equal to the cost
				  of the replacement sign.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 12 - PUBLIC DONATION AND PARTICIPATION PROGRAM › Subchapter A - PUBLIC PARTICIPATION PROGRAMS › Section 12.9 - Approval and Appeal

Current through Reg. 49, No. 28; July 12, 2024
(a) A district
				  engineer who receives an application submitted under this subchapter may defer
				  approval to the executive director or the executive director's
				  designee.
(b) If a district
				  engineer denies, in whole or in part, approval of an application submitted
				  under this subchapter, the applicant may appeal that action to the executive
				  director or the executive director's designee.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 12 - PUBLIC DONATION AND PARTICIPATION PROGRAM › Subchapter A - PUBLIC PARTICIPATION PROGRAMS › Section 12.10 - Termination or Revision of a Program

Current through Reg. 49, No. 28; July 12, 2024
A program established under this subchapter may at any time
					 and for any reason be terminated or revised at the sole discretion of the
					 commission.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 12 - PUBLIC DONATION AND PARTICIPATION PROGRAM › Subchapter A - PUBLIC PARTICIPATION PROGRAMS › Section 12.11 - Adopt-an-Airport Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  Adopt-an-Airport Program (Program) allows private citizens an opportunity to
				  support the department's beautification programs by adopting an airport for the
				  purposes of beautifying and creating a better image and enhancing public
				  awareness for the airport. This section sets forth policies and procedures to
				  be used in administering the Program.
(b) Participation.
(1) Airport.
(A) Only publicly-owned airports included in
				  the Texas Airport System Plan (TASP) are eligible to participate in the
				  Adopt-an-Airport Program.
(B)
				  Eligible airports shall execute an agreement with the department to define
				  their respective responsibilities before the airport may be adopted.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 12 - PUBLIC DONATION AND PARTICIPATION PROGRAM › Subchapter J - REAL-TIME SYSTEM MANAGEMENT INFORMATION PROGRAM › Section 12.301 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to provide for a state
					 Real-Time System Management Information Program that complies with 23 C.F.R.
					 Part 511 and that makes information about current traffic and travel conditions
					 available to the traveling public.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 12 - PUBLIC DONATION AND PARTICIPATION PROGRAM › Subchapter J - REAL-TIME SYSTEM MANAGEMENT INFORMATION PROGRAM › Section 12.302 - 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) Contractor--A person
				  that acts as the authorized agent of the department in the development,
				  operation, or maintenance of a Real-Time System Management Information
				  program.
(2) Department--The Texas
				  Department of Transportation.
(3)
				  Person--An individual, corporation, firm, group, or association.
(4) Program--The Real-Time System Management
				  Information Program under which the state is responsible for the collection and
				  availability to the traveling public of information about current traffic and
				  travel conditions.
(5) Texas
				  MUTCD--Texas Manual on Uniform Traffic Control Devices issued by the Texas
				  Department of Transportation.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 12 - PUBLIC DONATION AND PARTICIPATION PROGRAM › Subchapter J - REAL-TIME SYSTEM MANAGEMENT INFORMATION PROGRAM › Section 12.303 - Real-Time System Management Information Program

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may award one or more
				  contracts to design, build, host, operate, maintain, or market the
				  program.
(b) The program must
				  comply with 23 C.F.R. Part 511.
(c)
				  Each traffic control device installed by a contractor under the program must
				  conform to the requirements of the Texas MUTCD and must be approved by the
				  department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 12 - PUBLIC DONATION AND PARTICIPATION PROGRAM › Subchapter J - REAL-TIME SYSTEM MANAGEMENT INFORMATION PROGRAM › Section 12.304 - Program Acknowledgement Plaques

Current through Reg. 49, No. 28; July 12, 2024
(a) To
				  acknowledge a donation to the department for the program, the department may
				  allow during the period of the related sponsorship agreement the installation
				  of an acknowledgment plaque below a general service sign for the program that
				  is in the state highway right of way.
(b) An acknowledgment plaque is intended only
				  to inform the traveling public that a donation to the program has been provided
				  and is not intended to provide advertisement.
(c) The size of an acknowledgment plaque may
				  not exceed the lessor of one-third of the area of the general service sign
				  below which it is mounted or 24 square feet, except as provided by this
				  subsection. If, because of a special allowance provided in the Texas MUTCD, the
				  area of the general service sign below which the acknowledgment plaque is
				  mounted exceeds the largest size generally prescribed in the Texas MUTCD for
				  that type of sign, the acknowledgement plaque may not exceed the lessor of
				  one-third of the area generally prescribed in the Texas MUTCD for that type of
				  sign or 24 square feet.
(d) The
				  acknowledgment plaque may contain the donor's registered business name or logo
				  but may not contain the donor's telephone number, address, or website
				  address.
(e) Each acknowledgment
				  plaque must be approved by the department and must comply with state laws
				  prohibiting discrimination based on race, religion, color, age, sex, or
				  national origin, and any other applicable law regarding sign
				  restrictions.
(f) The department
				  will include in any contract entered into under this subchapter the authority
				  to terminate the right to install an acknowledgment plaque if the use of the
				  plaque raises any safety concerns or interferes with the free and safe flow of
				  traffic, or if the department determines that acknowledging the donation is not
				  in the public interest.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 12 - PUBLIC DONATION AND PARTICIPATION PROGRAM › Subchapter K - ACKNOWLEDGMENT PROGRAM › Section 12.351 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to provide for a state
					 acknowledgment program that allows the department to acknowledge donations for
					 highway-related services such as mowing, litter and debris pick-up, travel
					 services, and maintenance of safety rest areas, Travel Information Centers, and
					 toll gantry facilities.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 12 - PUBLIC DONATION AND PARTICIPATION PROGRAM › Subchapter K - ACKNOWLEDGMENT PROGRAM › Section 12.352 - 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) Acknowledgment--A
				  notification that is intended only to inform the public that a highway-related
				  service is sponsored by a participating sponsor.
(2) Acknowledgment sign--A sign that is
				  located adjacent to the traveled way and that is intended only to inform the
				  traveling public that a highway-related service is sponsored by a participating
				  sponsor.
(3) Department--The Texas
				  Department of Transportation.
(4)
				  Participating sponsor--An individual, corporation, business, firm, group, or
				  association that contributes towards a highway-related service.
(5) TMUTCD--Texas Manual on Uniform Traffic
				  Control Devices issued by the department.
(6) Vendor--An individual or business that
				  acts as the authorized agent of the department in the marketing,
				  administration, and soliciting of a participating sponsor for the
				  acknowledgment program.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 12 - PUBLIC DONATION AND PARTICIPATION PROGRAM › Subchapter K - ACKNOWLEDGMENT PROGRAM › Section 12.353 - Acknowledgment Program

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  may develop an acknowledgment program to recognize donations provided to
				  benefit a highway-related service.
(b) A donation may be used only for the
				  highway-related purpose for which it is made.
(c) The acknowledgment program is applicable
				  to all state highways.
(d) Chapter
				  1, Subchapter M of this title (relating to Donations) does not apply to a
				  donation accepted under this program.
(e) The department may contract with a vendor
				  under §
										12.354
				  of this subchapter (relating to Acknowledgment Program Vendor Contract; Program
				  Agreement) for services related to the program.
(f) The vendor will install and maintain
				  acknowledgments, including signs, erected under this program.
(g) The department or vendor may not accept
				  donations from an individual or entity that is regulated by the department or
				  that is involved with the department through a contract, purchase, payment, or
				  claim, and such an individual or entity may not participate in the
				  acknowledgment program.
(h) An
				  acknowledgment may not reference:
(1) an
				  alcoholic beverage;
(2) tobacco
				  product; or
(3) sexually oriented
				  business, product, or service.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 12 - PUBLIC DONATION AND PARTICIPATION PROGRAM › Subchapter K - ACKNOWLEDGMENT PROGRAM › Section 12.354 - Acknowledgment Program Vendor Contract; Program Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may contract with one or
				  more individuals or businesses for professional services to market, administer,
				  recruit, or secure sponsors for the acknowledgment program.
(b) The department will require a vendor to
				  enter into an agreement prescribed by the department with each participating
				  sponsor.
(c) The agreement must:
(1) require that the participating sponsor
				  comply with state law, including laws prohibiting discrimination based on race,
				  religion, color, age, sex, or national origin;
(2) include a termination clause based on
				  safety concerns, interference with the free and safe flow of traffic, or a
				  determination that the sponsorship agreement is not in the public
				  interest;
(3) provide the specific
				  amount of the donation;
(4) state
				  the fee or fees charged by the vendor to administer the program (directly or
				  indirectly paid by the participating sponsor);
(5) state the specific service being
				  sponsored;
(6) describe the method
				  and location of each acknowledgment;
(7) provide the location of each
				  acknowledgment sign, to include roadway, exit number or crossroad, and county;
				  and
(8) state the date of
				  expiration of agreement.