reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 29 - MAINTENANCE › Subchapter C - OPERATION OF STATE-OWNED FERRIES › Section 30.205 - Eligibility for Financial Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Political subdivisions. Any city, town, county, community, or other
				  governmental entity in the State of Texas is eligible to be included in the
				  Texas Airport System Plan for financial assistance. Eligibility for federal
				  financial assistance shall be as determined by the Federal Aviation
				  Administration.
(b) State agencies.
				  Texas state agencies with governing boards authorized to operate airports are
				  also eligible for state financial aid under the program. Eligibility for
				  federal financial assistance shall be as determined by the Federal Aviation
				  Administration.
(c) Texas Airport
				  System Plan airports. Only projects at airports included in the Texas Airport
				  System Plan, as adopted and amended by the commission, shall be eligible for
				  state financial assistance under Transportation Code, Chapter 21, Subchapter
				  C.
(d) Hazard zoning. No project
				  may be considered for a grant or loan where the sponsor has not adopted and
				  enforced airport hazard zoning for the airport in a form acceptable to the
				  division. Upon showing of good cause, the director may recommend to the
				  commission approval of a project, contingent upon the sponsor's adoption of
				  acceptable hazard zoning.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 29 - MAINTENANCE › Subchapter C - OPERATION OF STATE-OWNED FERRIES › Section 30.206 - Amount of Grant or Loan

Current through Reg. 49, No. 28; July 12, 2024
(a) Grant. The
				  commission may award a grant of up to 90% of the eligible project costs. If
				  federal funds are used on the project, the commission may participate by
				  funding up to 50% of the sponsor's share of the project costs eligible for
				  federal funding. A sponsor's share shall be remitted in cash for planning and
				  construction projects, unless an exception is granted by the director. If an
				  exception is granted, the value of any eligible in-kind contributions, as shall
				  be determined by the division, may be included as part of the sponsor's share.
				  For property acquisition projects, the sponsor shall initially bear all costs
				  of property acquisition and shall be reimbursed by state and/or federal funds
				  in the appropriate granted percentages for the eligible approved costs after
				  division approval of all necessary documentation provided by the sponsor. The
				  director may grant an exception for property acquisition projects to allow cash
				  remittance from the sponsor for the property acquisition costs.
(b) Loans. The commission may make a loan of
				  up to 90% of the cost of a project. All loans shall bear an interest rate of at
				  least 3.0% per annum and have a term of not longer than 20 years. Loans shall
				  be made in lieu of grants whenever feasible, and, in particular, in lieu of
				  grants for revenue-producing improvements.
(c) Amount. The amount of a grant or loan
				  made by the state at one location may be limited by the commission.
(d) Exceptions. The director may grant
				  exceptions provided under subsection (a) of this section if he or she
				  determines such action to be in the best interest of the state to ensure
				  adequate local financial participation.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 29 - MAINTENANCE › Subchapter C - OPERATION OF STATE-OWNED FERRIES › Section 30.207 - Letters of Intent

Current through Reg. 49, No. 28; July 12, 2024
Prior to the division's submission of a request for federal
					 or state assistance to the commission, the sponsor shall submit a letter of
					 intent. The letter of intent shall describe the project for which the
					 assistance is being requested and the estimated cost of the project, if
					 available. The letter of intent shall be accompanied by a duly executed
					 resolution(s) of the governing body or bodies of the sponsor indicating the
					 sponsor's interest in the project, the sponsor's intent to provide local funds
					 to match state and/or federal assistance as required, and the name and position
					 of the individual authorized to execute agreements and applications on behalf
					 of the sponsor. The submission of a letter of intent neither insures inclusion
					 of the proposed project in the program nor obligates the sponsor to perform any
					 service or to expend any funds. A letter of intent may remain current for one
					 state fiscal year after the state fiscal year in which the letter was
					 originally submitted.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 29 - MAINTENANCE › Subchapter C - OPERATION OF STATE-OWNED FERRIES › Section 30.208 - Evaluation of Requests for Financial Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a) A sponsor may submit to the division a
				  letter of interest indicating a desire to be included in the program. Upon
				  receipt of the letter of interest, the staff shall initiate an investigation to
				  evaluate all facts pertinent to the request. Based on the investigation, the
				  staff shall recommend to the commission whether a project should be included in
				  the CIP. That recommendation shall be based on:
(1) the consistency of the project with the
				  TASP;
(2) the methodology adopted
				  by the commission for determining project priority and eligibility;
(3) the timing of the proposed project in
				  relation to requests by other sponsors; and
(4) the federal and state funding expected to
				  be available for financial assistance.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 29 - MAINTENANCE › Subchapter C - OPERATION OF STATE-OWNED FERRIES › Section 30.209 - Approval of the Aviation Facilities Capital Improvement Program and Financial Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a) Annually, the
				  division will present to the commission the CIP for approval of the biennial
				  airport development program. Thereafter, as necessary, the division will submit
				  additions and/or deletions to the CIP to the commission for approval.
(b) As necessary when funds become available,
				  the division will submit individual airport development projects from the
				  approved CIP to the commission for financial assistance approval.
(c) The commission or its authorized
				  representative shall hold a public hearing at which all interested parties
				  shall have an opportunity to address the projects under consideration by the
				  commission for financial assistance. Presentations shall be as concise as
				  possible. The hearing will be held in accordance with §
										1.5 of
				  this title (relating to Public Hearings).
(d) The commission shall approve financial
				  assistance grants and loans based upon the CIP and in accordance with
				  priorities established under §
										30.204(a)(2)
				  of this title (relating to Facilities Development Program).
(e) The commission shall approve all
				  financial assistance grants and loans except as provided in §
										30.208(c)
				  of this title (relating to Evaluation of Requests for Financial Assistance).
				  After financial assistance has been approved by the commission, the staff shall
				  prepare and present to each sponsor an intergovernmental agreement. In the case
				  of a state or federal grant, an Airport Project Participation Agreement will be
				  executed, or a loan agreement, in the case of a loan. The sponsor and the
				  department shall execute the agreement within 180 days of approval by the
				  commission. If the agreement is not executed within 180 days of approval by the
				  commission, approval of financial assistance for the project may be rescinded
				  by the commission. Upon a showing of good cause, the director may allow the
				  sponsor additional time to execute the agreement.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 29 - MAINTENANCE › Subchapter C - OPERATION OF STATE-OWNED FERRIES › Section 30.210 - Intergovernmental Agreements

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of an agreement between the sponsor and the department is to define the
				  respective responsibilities of the sponsor and the department in implementing
				  the project and to define the requirements, terms, conditions, type of funds,
				  and considerations attendant upon each party to the agreement. Prior to the
				  disbursement of any funds by the department, the sponsor shall execute the
				  agreement in a manner provided by law for entering into binding contractual
				  agreements.
(b) Airport Project
				  Participation Agreement (APPA). Except as provided in subsection (c) of this
				  section, when the commission has approved a sponsor's request for financial
				  assistance, the APPA:
(1) shall name the
				  department as agent for the purpose of applying for, receiving, and disbursing
				  federal funds, if applicable;
(2)
				  may name the department as agent for the purpose of contracting for and
				  supervising the planning, acquisition, development and construction of the
				  airport project;
(3) may provide
				  for the department to receive and disburse the local sponsor's share of project
				  costs;
(4) shall provide a general
				  description of the proposed project, the amount of state, federal, and/or local
				  sponsor project share, and the total estimated cost;
(5) shall include, as a separate attachment,
				  an attorney's certificate of airport property interests title if necessary;
				  certification of availability of sponsor share; and existence of an airport
				  fund; and
(6) shall include a list
				  of both the sponsor's and the state's responsibilities.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 29 - MAINTENANCE › Subchapter C - OPERATION OF STATE-OWNED FERRIES › Section 30.211 - Supplemental Grants and Loans

Current through Reg. 49, No. 28; July 12, 2024
All airport development funds appropriated by the
					 legislature for any fiscal year or carried forward from any fiscal year, and
					 not encumbered by specific intergovernmental agreements approved by the
					 commission, shall be available to supplement existing grant or loan agreements
					 to meet unforeseen costs. The executive director or his or her designee not
					 below the director may authorize supplemental grants or loans to cover costs
					 not exceeding 25% of the total grant contract or loan approved by the
					 commission or $100,000, whichever is greater.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 29 - MAINTENANCE › Subchapter C - OPERATION OF STATE-OWNED FERRIES › Section 30.212 - Eligible Costs

Current through Reg. 49, No. 28; July 12, 2024
Only costs necessary and proper for completion of a project
					 will be eligible under a grant or loan approved by the commission. The staff
					 shall make a preliminary determination as to the allowance of costs. Such
					 determination of allowance shall be final unless appealed by the sponsor to the
					 commission. An appeal shall be filed in writing with the executive director who
					 shall forward the same to the commission for its consideration. Unless
					 specifically authorized by the commission or by this subchapter, no costs,
					 except for engineering and property acquisition costs, incurred prior to the
					 approval of a grant or loan agreement will be eligible for
					 reimbursement.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 29 - MAINTENANCE › Subchapter C - OPERATION OF STATE-OWNED FERRIES › Section 30.213 - Sponsor's Share of Project Costs

Current through Reg. 49, No. 28; July 12, 2024
Sponsor's share of costs for a project for which a state or
					 federal grant will be made shall be granted to the department in accordance
					 with the terms of the APPA. Where sponsor's share of project costs is made by
					 an eligible in-kind contribution, sponsor will be credited with the value of
					 the in-kind contribution as determined by the division. See §
										30.206(a)
					 of this title (relating to Amount of Grant or Loan).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 29 - MAINTENANCE › Subchapter C - OPERATION OF STATE-OWNED FERRIES › Section 30.214 - Grant and Loan Agreement Payments

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Grant payments made under APPA's in which the department is not named as the
				  sponsor's agent, and loan payments, may be authorized upon application to the
				  department. Such payments will be in proportion to the amount of the project
				  satisfactorily completed at the time of the payment application. No more than
				  90% of the total loan or grant will be paid prior to the completion of the
				  project and enactment of airport hazard zoning. The last 10% of the loan or
				  grant amount will be paid only after the staff has inspected and approved the
				  completed project. No loan or grant payment will be made until:
(1) creation by the sponsor of a special
				  airport fund as required by Transportation Code, §
											22.054,
				  into which all revenues derived from all airport operations are to be
				  deposited, and approval by the department of the sponsor's resolution or order
				  creating the fund; and
(2) passage
				  of an airport hazard zoning ordinance/order approved by the
				  department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 29 - MAINTENANCE › Subchapter C - OPERATION OF STATE-OWNED FERRIES › Section 30.215 - Airport Hazard Zoning and Compatible Land Use

Current through Reg. 49, No. 28; July 12, 2024
(a) The sponsor shall adopt and enforce
				  airport hazard zoning regulations to restrict the use of land, adjacent to or
				  in the immediate vicinity of the airport, to activities compatible with normal
				  airport operations. The sponsor shall also acquire and retain easements or
				  other interests in or rights to the use of land or airspace, unless the sponsor
				  can show that acquisition and retention of such interest will be impractical or
				  will result in undue hardship to the sponsor. To assist the sponsor in
				  implementing these measures, the division, upon request from a sponsor, will
				  provide assistance with respect to airport hazard zoning pursuant to the Texas
				  Airport Zoning Act, Local Government Code, §§
										241.001 et seq,
				  including:
(1) preparation of a zoning map;
				  and
(2) providing a model zoning
				  ordinance/order and procedures for the community to pass such
				  ordinance/order.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 30 - AVIATION › Subchapter C - AVIATION FACILITIES DEVELOPMENT AND FINANCIAL ASSISTANCE RULES › Section 30.217 - Technical Services

Current through Reg. 49, No. 28; July 12, 2024
Insofar as is reasonably possible, engineering and
					 technical services relating to airports and air navigational facilities may be
					 provided by the staff to any person so requesting. The areas for which
					 assistance is available include, but are not limited to, site selection,
					 construction inspection, planning, airport layout and design, and airport
					 hazard and compatible land use zoning.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 30 - AVIATION › Subchapter C - AVIATION FACILITIES DEVELOPMENT AND FINANCIAL ASSISTANCE RULES › Section 30.218 - Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a) If, after all reasonable attempts to
				  assure grant compliance have failed, and the department finds that a sponsor is
				  unwilling or unable to comply with any of the terms and conditions of the
				  intergovernmental agreement, the division will:
(1) require a pro rata refund of money issued
				  with a grant or loan to the sponsor or immediate payment of any outstanding
				  loan made to the sponsor by the commission;
(2) deny sponsor's future requests for state
				  aid; or
(3) request the attorney
				  general to bring suit seeking reimbursement of amounts paid or loaned to the
				  sponsor by the state pursuant to the grant or loan agreement.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 30 - AVIATION › Subchapter C - AVIATION FACILITIES DEVELOPMENT AND FINANCIAL ASSISTANCE RULES › Section 30.219 - Planning Grant Contracts

Current through Reg. 49, No. 28; July 12, 2024
Grants for planning shall also be available to eligible
					 parties under the program. The primary purpose of such planning shall be to
					 determine the facilities required to meet a community's short, intermediate,
					 and long-term aviation needs. The need for a planning grant will be evaluated
					 in light of the overall needs of the state as specified in the Texas Airport
					 System Plan with due emphasis placed on complex situations such as:
(1) service to more than one community or
				  region;
(2) unresolved questions
				  concerning site selection or airspace limitations;
(3) unique environmental
				  conditions;
(4) unusual or unique
				  aviation needs; and
(5) an apparent
				  surplus of facilities and/or land.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 30 - AVIATION › Subchapter C - AVIATION FACILITIES DEVELOPMENT AND FINANCIAL ASSISTANCE RULES › Section 30.220 - Compliance with Flood Hazard Evaluation Guidelines

Current through Reg. 49, No. 28; July 12, 2024
When administering any proposed project involving
					 construction or land-use planning where state funds are involved, the
					 department shall comply with all flood hazard evaluation guidelines for state
					 agencies published by the Texas Natural Resource Conservation
					 Commission.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 30 - AVIATION › Subchapter E - REGULATION OF AIRCRAFT ON WATER › Section 30.401 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Transportation Code, Chapter 26 provides that a
					 governmental entity that owns, controls, or has jurisdiction over a navigable
					 body of water may not, in an area in which motorized boats are permitted,
					 prohibit the takeoff, landing, or operation of an aquatic aircraft, or regulate
					 or require a permit or fee for the operation of an aquatic aircraft without the
					 approval of the Texas Department of Transportation. This subchapter implements
					 and administers the department's responsibilities under Chapter
					 26.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 30 - AVIATION › Subchapter E - REGULATION OF AIRCRAFT ON WATER › Section 30.402 - 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) Aquatic
				  aircraft - A seaplane, floatplane, or similar aircraft that is capable of
				  taking off and landing on water.
(2) Commission - The Texas Transportation
				  Commission.
(3) Department - The
				  Texas Department of Transportation.
(4) Executive director - The executive
				  director of the Texas Department of Transportation or the director's
				  designee.
(5) Motorized boat - Any
				  boat propelled in whole or in part by machinery, including boats temporarily
				  equipped with detachable motors.
(6) Navigable body of water - A body of water
				  available for public use that has the capability of use by motorized boats.
				  This term does not include a navigable body of water that the federal
				  government owns, controls, or has jurisdiction over.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 30 - AVIATION › Subchapter E - REGULATION OF AIRCRAFT ON WATER › Section 30.403 - Application

Current through Reg. 49, No. 28; July 12, 2024
(a) To secure approval for a prohibition or
				  limitation under this subchapter, a governmental entity must file an
				  application with the executive director. The application shall be in a form
				  prescribed by the department and must be accompanied by the following
				  information:
(1) type of prohibition or
				  limitation requested (specific area, times, permit fees etc.);
(2) specific safety concerns (wires or cables
				  above the water or on the surface, unusual types or numbers of boats,
				  etc.);
(3) the depth of water and
				  any known obstacles under the surface;
(4) interests of homeowners located on or
				  near the body of water;
(5) any
				  other factors such as migratory waterfowl patterns, seasonal hunting, fishing,
				  and tourism; and
(6) any other
				  documentation that the executive director determines is necessary to assist the
				  commission in evaluating the approval criteria described in §
											30.404(a)
				  of this title (relating to Commission Action).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 30 - AVIATION › Subchapter E - REGULATION OF AIRCRAFT ON WATER › Section 30.404 - Commission Action

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  will approve the proposed prohibition or limitation if it determines that
				  safety concerns justify the prohibition or limitation. In making a
				  determination, the commission will consider:
(1) the recommendation of the executive
				  director;
(2) the topography of the
				  body of water or specified area;
(3) the depth of the water and any obstacles
				  that are under the water;
(4) the
				  amount of boat or individual traffic on the body of water or in the specified
				  area;
(5) the interests of persons
				  owning homes that are located on or around the body of water; and
(6) any other factors that relate to the safe
				  operation of aquatic aircraft, such as migratory waterfowl patterns, seasonal
				  hunting, fishing, and tourism.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 30 - AVIATION › Subchapter E - REGULATION OF AIRCRAFT ON WATER › Section 30.405 - Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) If the commission approves a prohibition
				  or limitation under §
										30.404 of this
				  title (relating to Commission Action):
(1) the
				  department will publish notice of the approval in the Texas Register;
				  and
(2) the governmental entity
				  shall publish the prohibition or regulation in a local daily newspaper and
				  notify the Federal Aviation Administration.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 30 - AVIATION › Subchapter F - METEOROLOGICAL EVALUATION TOWERS › Section 30.501 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to prescribe the
					 procedures for notice and registration of meteorological evaluation towers in
					 accordance with Transportation Code, §
										21.071.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 30 - AVIATION › Subchapter F - METEOROLOGICAL EVALUATION TOWERS › Section 30.502 - 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)
				  Department--The Texas Department of Transportation.
(2) Meteorological Evaluation Tower--A
				  structure that is self-standing or supported by guy wires and anchors, is not
				  more than six feet in diameter at the base of the structure, and has accessory
				  facilities on which an antenna, sensor, camera, meteorological instrument, or
				  other equipment is mounted for the purpose of documenting whether a site has
				  sufficient wind resources for the operation of a wind turbine generator. For
				  purposes of this subchapter, the term does not include a structure that is
				  located adjacent to a building, including a barn, or an electric utility
				  substation, or in the curtilage of a residence.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 30 - AVIATION › Subchapter F - METEOROLOGICAL EVALUATION TOWERS › Section 30.503 - Notice and Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  person who intends to erect a meteorological evaluation tower shall provide
				  notice of that intention to the department by submitting the appropriate form
				  through the department's Internet website. The notice required by this
				  subsection must be submitted no later than the 30th day before the day that
				  erection of the tower begins.
(b)
				  The following information is required to complete the notice form required by
				  subsection (a) of this section:
(1) the name,
				  address, and contact information of the owner or operator of the meteorological
				  evaluation tower;
(2) the proposed
				  location of the meteorological evaluation tower, including latitude, longitude,
				  ground elevation at the site and height above ground level of the
				  tower;
(3) the proposed date of
				  construction; and
(4) any other
				  information the department considers necessary to assist in determining
				  ownership, physical characteristics, or location of the meteorological
				  evaluation tower.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 31 - PUBLIC TRANSPORTATION › Subchapter A - GENERAL › Section 31.1 - Scope and Purpose

Current through Reg. 49, No. 28; July 12, 2024
This chapter sets out policies and procedures to be
					 followed by the Texas Department of Transportation in accomplishing the duties
					 prescribed by Transportation Code, Chapters 455, 456, 458, and 461, concerning
					 public transportation. This chapter also describes the administration of
					 federal public transportation grant monies by the department pursuant to
					 49 USC
					 §5301 et seq.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 31 - PUBLIC TRANSPORTATION › Subchapter A - GENERAL › Section 31.2 - Organization

Current through Reg. 49, No. 28; July 12, 2024
The Public Transportation Division is responsible
					 for:
(1) preparing and updating a
				  statewide comprehensive master plan for public transportation;
(2) providing financial assistance through
				  appropriate communication and the establishment of procedures for the
				  development and processing of applications;
(3) assisting local entities in securing
				  financial aid offered by the federal government for the purpose of
				  establishing, maintaining, or expanding public transportation
				  systems;
(4) administering the
				  state public transportation funds and other monies appropriated by the Texas
				  Legislature for public transportation purposes and established within the
				  department budget, in accordance with all federal, state, and local laws,
				  statutes, ordinances, rules, and regulations;
(5) providing technical assistance to
				  district personnel and local jurisdictions;
(6) representing the state in public
				  transportation matters with federal officials, other state agencies, transit
				  organizations, and local communities;
(7) monitoring and sponsoring research and
				  development activities to enhance public transportation development;
(8) assisting in the development of policies
				  by the commission, the governor, and the legislature; and
(9) encouraging the coordination of public
				  transportation services to eliminate waste, to generate efficiencies that will
				  permit increased levels of service, and to further the state's efforts to
				  reduce air pollution.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 31 - PUBLIC TRANSPORTATION › Subchapter A - GENERAL › Section 31.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise:
(1) Accountable
				  executive--A single, identifiable individual who has:
(A) ultimate responsibility for carrying out
				  the public transportation agency safety plan of a public transportation
				  agency;
(B) responsibility for
				  carrying out the agency's transit asset management plan; and
(C) control or direction over the human and
				  capital resources needed to develop and maintain both the agency's public
				  transportation agency safety plan, in accordance with
				  49 U.S.C. §
												5329(d), and the agency's
				  transit asset management plan in accordance with
				  49 U.S.C. §
												5326.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 31 - PUBLIC TRANSPORTATION › Subchapter B - STATE PROGRAMS › Section 31.13 - Discretionary Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
				  Transportation Code, Chapter 456 allows the commission to allocate any funds
				  not obligated in accordance with the terms of §
										31.11
				  of this subchapter (relating to Formula Program) on a discretionary basis. This
				  section sets out the policies, procedures, and requirements for that
				  discretionary allocation.
(b)
				  Discretionary allocation. The commission will allocate funds under this section
				  to a local public entity, other than an authority, or to a private nonprofit
				  organization that has the power to operate or maintain a public transportation
				  system. Funds may be used for:
(1) the same
				  purposes as described in §
											31.11(b)
				  of this subchapter; and
(2) 80
				  percent of the cost of capital expenditures associated with ridesharing
				  activities.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 31 - PUBLIC TRANSPORTATION › Subchapter C - FEDERAL PROGRAMS › Section 31.16 - Section 5309 Grant Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
				  The United States Congress revised
				  49 U.S.C.
				  §5309, with the passage of Moving Ahead
				  for Progress in the 21st Century (MAP-21). MAP-21 significantly changes the
				  purpose and eligible activities. This section applies only to subrecipients
				  receiving grants with funds appropriated under federal authorization bills
				  prior to the enactment of MAP-21.
(b) Purpose. Section 5309, Federal Transit
				  Act (49 U.S.C.
				  §5309), authorizes the Secretary of the
				  U.S. DOT to make capital investment grants.
(c) Eligible recipients. Section 5309 funds
				  are available to states and local public entities.
(d) Department role. The department acts as
				  the designated recipient for §5309 statewide grants. As the administering
				  agency the department will:
(1) develop
				  application materials and disseminate information to prospective applicants and
				  other interested parties;
(2)
				  allocate the available program funds in a fair and equitable manner based on
				  the purpose as specified in the grant;
(3) develop evaluation criteria and select
				  projects for funding so that:
(A) for vehicle
				  replacement, each eligible subrecipient will receive a proportional share of
				  available funding based on the remaining useful life of its fleet and the cost
				  of replacing its fleet; and
(B) for
				  non-vehicle replacement, each eligible subrecipient will receive a proportional
				  share of available funding;
(4) prepare the state's funding application
				  and submit that material to the FTA for approval;
(5) negotiate and execute contracts with
				  subrecipients;
(6) prepare requests
				  for federal reimbursement and process payment requests from
				  subrecipients;
(7) monitor and
				  evaluate the progress of local projects, including compliance with federal
				  regulations; and
(8) provide
				  technical assistance to subrecipients as necessary.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 31 - PUBLIC TRANSPORTATION › Subchapter C - FEDERAL PROGRAMS › Section 31.21 - Section 5303 Grant Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
				  Section 5305, Federal Transit Act (49 U.S.C.
				  §5305), authorizes the Secretary of the
				  U.S. DOT to make grants to benefit metropolitan planning organizations (MPOs)
				  to support the development of transportation plans and programs as defined in
				  §5303 and §5305. Funds apportioned to the states for this purpose
				  must be allocated to the MPOs.
(b)
				  Eligible recipients. Section 5303 funds are available only to MPOs. Other
				  entities may participate in the program through contracts with MPOs.
(c) Department role. The department acts as
				  the designated recipient for §5303 metropolitan planning grants. The
				  department will request the transfer of the annual FTA §5303 apportionment
				  from the Federal Transit Administration to the Federal Highway Administration
				  (FHWA) to support the required metropolitan planning program, which will be
				  administered by the department as a consolidated grant program from
				  FHWA.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 31 - PUBLIC TRANSPORTATION › Subchapter C - FEDERAL PROGRAMS › Section 31.22 - Section 5304 Grant Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
				  Section 5305, Federal Transit Act (49 U.S.C.
				  §5305), authorizes the Secretary of the
				  U.S. DOT to make grants to states for planning and research activities as
				  defined in §5304 and §5305.
(b) Eligible recipients. Section 5304 funds
				  are available only to the state. Other entities may participate in the program
				  through contracts with the state.
(c) Local share requirements. Section 5304
				  grants require a 20 percent match, which may be in the form of cash,
				  transportation development credits, or in-kind services. Certain human resource
				  program activities may have a lower match requirement in accordance with FTA
				  Circular 8100.1C, or its latest version. U.S. DOT program funds cannot be used
				  as the local share.
(d) Department
				  role. The department will prepare the state's funding application and submit
				  the material to the FTA for approval.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 31 - PUBLIC TRANSPORTATION › Subchapter C - FEDERAL PROGRAMS › Section 31.26 - Section 5307 Grant Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
				  Section 5307, Federal Transit Act (49 U.S.C.
				  §5307), authorizes the Secretary of the
				  U.S. DOT to make capital and operating grants for public transportation
				  projects in urbanized areas.
(b)
				  Eligible recipients. Section 5307 funds for urbanized areas with populations of
				  200,000 or more are dispensed by the FTA directly to eligible recipients
				  designated by the governor or the governor's designee. Section 5307 funds for
				  urbanized areas with populations of less than 200,000 may be dispensed by the
				  governor or may be dispensed by FTA directly to eligible recipients designated
				  by the governor or the governor's designee.
(c) Allocation of funds. For the urbanized
				  areas with populations of 200,000 or more, funds are apportioned to the
				  urbanized area by the FTA. For the urbanized areas with populations of less
				  than 200,000, funds are apportioned to the governor for allocation to those
				  areas. This section governs the allocation of those funds if the governor
				  delegates this responsibility to the commission or to the department.
(d) Department role. After notification from
				  the FTA that the §5307 governor's apportionment funds are available, the
				  department will notify the FTA of the amounts allocated to each recipient from
				  the governor's apportionment and will notify the recipient of that
				  amount.
(e) Funding distribution.
				  The department will allocate §5307 funds in the following manner.
(1) Each recipient will receive the amount
				  published in the
Federal Register
under the §5307 formula
				  apportionment, except as provided in paragraphs (2) - (4) of this
				  subsection.
(2) Any deobligated
				  funds still available to Texas from previous years will be distributed to
				  recipients on a pro rata basis except for urbanized areas that are under
				  200,000 in population and that are located within the planning boundaries of a
				  transportation management area (a metropolitan planning organization with over
				  200,000 population, as defined by the U.S. Census).
(3) Recipients must notify the department if
				  allocated funds are not needed in a given year. These funds may be distributed
				  to the remaining recipients on a pro rata basis or distributed at the
				  department's discretion.
(4) The
				  department may review grant balances from previous years and adjust individual
				  awards as needed. Adjustments that increase the overall available apportionment
				  will be distributed to all recipients on a pro rata basis. An adjustment under
				  this paragraph and any resulting distribution do not apply to an urbanized area
				  that is under 200,000 in population and that is located within the planning
				  boundaries of a transportation management area.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 31 - PUBLIC TRANSPORTATION › Subchapter C - FEDERAL PROGRAMS › Section 31.30 - Section 5339 Grant Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. Title
				  49 U.S.C. §
											5339 authorizes the Secretary of the U.S. DOT
				  to make grants for bus and bus facilities.
(b) Eligible recipients. Section 5339 funds
				  are available to states and local public entities.
(c) Department role. The department acts as
				  the designated recipient for §5339 grants to §5307 transit districts
				  in small urbanized areas and §5311 rural transit districts.
(d) Small urban transit districts. The
				  department will:
(1) allocate the available
				  program funds so that each eligible recipient will receive a proportional share
				  of available funding based on the total vehicle miles reported to the
				  department on an annual basis with no eligible recipient receiving less than
				  one percent of the amount available;
(2) notify the FTA of the results of the
				  allocation calculations;
(3) notify
				  the small urban transit districts of the results of the allocation
				  calculations; and
(4) authorize the
				  small urban transit districts to apply directly with the FTA for the funds, due
				  to their status as direct recipients under the FTA §5307
				  program.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 31 - PUBLIC TRANSPORTATION › Subchapter C - FEDERAL PROGRAMS › Section 31.31 - Section 5310 Grant Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. Title
				  49
				  U.S.C. §
											5310 authorizes the Secretary
				  of the U.S. DOT to make grants for the provision of transportation services
				  meeting the special needs of seniors and individuals with disabilities. The
				  governor has designated the department to administer the §5310
				  program.
(b) Goal and objectives.
				  The department's goal in administering the §5310 program is to promote the
				  availability of cost-effective, efficient, and coordinated passenger
				  transportation services planned, designed, and carried out to meet the special
				  needs of seniors and individuals with disabilities when public transportation
				  is insufficient, inappropriate, or unavailable, using the most efficient
				  combination of financial and other resources. To achieve this goal, the
				  department's objectives are to:
(1) promote
				  the development and maintenance of a network of transportation services for
				  seniors and individuals with disabilities throughout the state, in partnership
				  with local stakeholders;
(2) fully
				  integrate the §5310 program with other federal, state, and local resources
				  and programs that are designed to serve similar populations;
(3) promote public transportation projects
				  that exceed the requirements of the Americans with Disabilities Act
				  (ADA);
(4) promote public
				  transportation projects that decrease the reliance of individuals with
				  disabilities on ADA complementary paratransit services;
(5) promote and encourage local
				  participation, especially by seniors and individuals with disabilities or their
				  advocates, in decision-making;
(6)
				  improve the efficiency, effectiveness, and safety of §5310 transit systems
				  through the provision of technical assistance; and
(7) include private sector operators in the
				  overall plan to provide transportation services for seniors and individuals
				  with disabilities.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 31 - PUBLIC TRANSPORTATION › Subchapter C - FEDERAL PROGRAMS › Section 31.36 - Section 5311 Grant Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
				  Section 5311, Federal Transit Act (49 U.S.C. §
											5311), authorizes the Secretary of the U.S.
				  DOT to make grants for public transportation projects in rural areas. The
				  department has been designated by the governor to administer the §5311
				  program.
(b) Goal and objectives.
				  The department's goal in administering the §5311 program is to promote the
				  availability of cost-effective, efficient, and coordinated passenger
				  transportation services to the general public in rural areas using the most
				  efficient combination of financial and other resources. To achieve this goal,
				  the objectives of the department are to:
(1)
				  promote the development and maintenance of a network of general public
				  transportation services, including intercity services, in rural areas
				  throughout the state, in partnership with local officials;
(2) fully integrate the §5311 program
				  with other federal, state, and local resources that are designed to serve rural
				  populations;
(3) improve the
				  efficiency, effectiveness, and safety of §5311 systems through the
				  provision of technical assistance;
(4) include private sector operators in the
				  overall plan to provide public transportation services; and
(5) minimize negative impacts from changes in
				  public transportation district boundaries.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 31 - PUBLIC TRANSPORTATION › Subchapter C - FEDERAL PROGRAMS › Section 31.37 - Rural Transportation Assistance Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The Rural Transportation
				  Assistance Program (RTAP) will foster the development of state and local
				  capacity to meet the training and technical assistance needs of rural public
				  transportation systems.
(b)
				  Objectives. The RTAP will develop training and training materials to improve
				  the quality of information and technical assistance available to local transit
				  operators, develop networks of transit professionals, and support the
				  coordination of public, private, specialized, and human service transportation
				  services.
(c) Eligible recipients.
				  Private consultants, universities, nonprofit organizations, state transit
				  associations, state agencies, and transit operators are eligible to receive
				  RTAP funds.
(d) Program development
				  and project selection. Budgetary requirements for the annual RTAP program of
				  projects will be determined by the department. The department retains final
				  approval for all RTAP projects. Projects will be selected as follows.
(1) Research and statewide technical
				  assistance projects may be competitively advertised and evaluated by department
				  personnel. The department will establish evaluation criteria specific to each
				  project to be funded under this paragraph.
(2) Requests from individual transit
				  operators for technical assistance funds will be reviewed and evaluated by the
				  director, or the director's designee, based on the following criteria:
(A) the demonstrated need for technical
				  assistance, examples of which may include, but are not limited to, agency
				  training plans and resolutions from local governments requesting feasibility
				  studies;
(B) the applicant's
				  capability to benefit from technical assistance;
(C) anticipated benefits of the project that
				  can be replicated or used by other transit operators in the state;
(D) evidence of local support for the
				  proposal, if applicable, which includes, but is not limited to, resolutions by
				  local governing bodies and endorsement letters from other organizations or
				  individuals; and
(E) the
				  availability of funds.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 31 - PUBLIC TRANSPORTATION › Subchapter D - PROGRAM ADMINISTRATION › Section 31.38 - Public Transit Safety Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. Title
				  49 U.S.C. §
											5329, authorizes the Secretary of the U.S.
				  DOT to create and implement a National Public Transportation Safety Plan.
				  Recipients must implement transit safety plans.
(b) Affected agencies. A recipient of
				  §5307 Urbanized Area Formula Grants must comply with
				  49 U.S.C. §
											5329.
(c) Department role. As the certifying agency
				  the department will:
(1) draft and certify a
				  public transportation agency safety plan for each transit system defined as a
				  small public transportation provider under 49 C.F.R. Part 673.5;
(2) provide small public transportation
				  providers the ability to develop their own plan by opting out of a state
				  prepared plan; and
(3) annually
				  certify all small public transportation provider safety plans for compliance
				  with 49 C.F.R. Part 673 requirements regardless of whether they opt out of the
				  department's drafting effort.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 31 - PUBLIC TRANSPORTATION › Subchapter D - PROGRAM ADMINISTRATION › Section 31.39 - Required Internal Ethics and Compliance Program

Current through Reg. 49, No. 28; July 12, 2024
To be eligible to receive state or federal public
					 transportation funds awarded by the commission after January 1, 2011, an entity
					 must have adopted an internal ethics and compliance program that satisfies the
					 requirements of §
										10.51
					 of this title (relating to Internal Ethics and Compliance Program) and must
					 enforce compliance with that program.