reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 6 - STATE INFRASTRUCTURE BANK › Subchapter A - GENERAL PROVISIONS › Section 6.3 - General Policies

Current through Reg. 49, No. 28; July 12, 2024
(a) All actions of
				  the bank will be in accordance with applicable federal and state law, and
				  applicable rules and regulations.
(b) Grant financing will not be
				  considered.
(c) The commission will
				  ensure that the bank maintains on a continuing basis an investment grade rating
				  on its debt issuances or has a sufficient level of bond or debt financing
				  instrument insurance to maintain the viability of the bank.
(d) The Federal Highway Administration, the
				  Federal Transit Administration, and the Comptroller General of the United
				  States, each if applicable, and the Texas State Auditor's Office, and the
				  department, or any of their authorized representatives, shall have the right of
				  access to any books, documents, papers, or other records of the applicant which
				  are pertinent to any agreement, in order to make audits, examinations,
				  excerpts, and transcripts.
(e)
				  Federal funds received by the state under the federal act, matching state funds
				  in an amount required by that act, proceeds from bonds issued under the state
				  act, secondary funds, other state funds deposited into the bank by order of the
				  commission, and other money received by the state that is eligible for deposit
				  in the bank, may be deposited into the bank.
(f) Financial assistance from the bank may
				  not be used to pay for project costs incurred before the execution of the
				  financial assistance agreement evidencing the financial assistance. If
				  permissible under state and federal law, financial assistance from the bank may
				  be used to pay for consultant costs, if any, incurred by the applicant in the
				  preparation of the application for the financial assistance or preparation of
				  the financial assistance agreement. However, financial assistance from the bank
				  may not be used to pay for costs incurred for an application that did not
				  result in the disbursement of financial assistance to the applicant.
(g) Applicants requesting financial
				  assistance from the bank for a toll facility may also be required to comply
				  with Chapter 27, Subchapter E of this title (relating to Financial Assistance
				  for Toll Facilities). If a provision of Chapter 27, Subchapter E of this title
				  conflicts with this chapter, this chapter controls to the extent of the
				  conflict.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 6 - STATE INFRASTRUCTURE BANK › Subchapter A - GENERAL PROVISIONS › Section 6.4 - Separate Subaccounts

Current through Reg. 49, No. 28; July 12, 2024
(a) The bank
				  consists of the separate subaccounts specified in this section.
(b) The bank contains a highway subaccount
				  and a transit subaccount, each of which is capitalized with federal funds or a
				  combination of state and federal funds.
(c) The commission may create additional
				  subaccounts capitalized with state funds only. Additional subaccounts
				  capitalized with state funds only are not subject to the federal act.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 6 - STATE INFRASTRUCTURE BANK › Subchapter B - ELIGIBILITY › Section 6.11 - Eligible Entities

Current through Reg. 49, No. 28; July 12, 2024
As provided by this chapter, a public or private entity
					 authorized by law to construct, maintain, or finance an eligible project is
					 eligible to apply for financial assistance under Subchapter C of this chapter
					 (relating to Procedures).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 6 - STATE INFRASTRUCTURE BANK › Subchapter B - ELIGIBILITY › Section 6.12 - Eligible Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  public or private projects are eligible for financial assistance:
(1) construction of a federal-aid highway,
				  including required preliminary studies;
(2) a transit project, but only to the extent
				  of funds in the bank that lawfully may be expended for a transit project;
				  or
(3) for the expenditure of
				  secondary funds, a transit project including a project eligible for assistance
				  under Title 49, United States Code, §5310, or the planning, development,
				  construction, maintenance, or operation of a public road, provided that:
(A) the project is eligible for assistance
				  under Title 23 or Title 49, United States Code;
(B) the department is authorized by state law
				  to provide assistance for the project; and
(C) if the project is a transit project,
				  financial assistance is limited to funds in the bank that lawfully may be
				  expended for a transit project.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 6 - STATE INFRASTRUCTURE BANK › Subchapter C - PROCEDURES › Section 6.21 - Department Contact

Current through Reg. 49, No. 28; July 12, 2024
The department's Chief Financial Officer or that officer's
					 designee is the contact within the department for the purpose of providing
					 information and assistance to potential applicants. Assistance may include
					 non-binding advice, counsel, and consultation regarding all aspects of a
					 possible eligible project. If the executive director determines that the
					 project is otherwise eligible for assistance, that the department is authorized
					 by state law to provide assistance, and that department resources are
					 available, the department may provide engineering and other technical
					 assistance to aid potential applicants in developing an application. Any
					 advice, assistance, or aid provided will not constitute a commitment or
					 liability on the part of the department or the commission. Potential applicants
					 are encouraged to communicate with the contact at the earliest possible
					 date.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 6 - STATE INFRASTRUCTURE BANK › Subchapter C - PROCEDURES › Section 6.22 - Requested Financial Assistance

Current through Reg. 49, No. 28; July 12, 2024
An applicant may request any form of financial assistance
					 authorized by this chapter, but the form of financial assistance provided from
					 money from the state highway fund that is dedicated under state law, and
					 potentially other sources, is limited as provided by this chapter and other
					 law.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 6 - STATE INFRASTRUCTURE BANK › Subchapter C - PROCEDURES › Section 6.23 - Application Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) Basic
				  application. An eligible entity must submit an application to the executive
				  director in a form prescribed by the department. The application must be
				  accompanied by:
(1) an overview of the
				  project, including a description of the project, the total estimated cost of
				  the project, and the proposed use of the requested financial
				  assistance;
(2) the amount of money
				  required to supply the requested assistance, including any reserve funds that
				  must be established and held by the bank for the applicant's benefit, but that
				  may not be expended from the bank;
(3) any proposed pledge of collateral or
				  security and any prior claim to those items;
(4) a description of the need for the project
				  and its potential effect on traffic congestion and mobility;
(5) the most recent offering document for any
				  outstanding debt of the applicant payable from the revenue proposed to be used
				  to repay the financial assistance, along with the financial documents related
				  to that debt, including any master and supplemental resolutions, indentures of
				  trust, and authorizing resolutions, ordinances, or orders, unless previously
				  provided, or if not applicable, other evidence of creditworthiness, provided
				  that the entity may provide any of the information described by this paragraph
				  electronically;
(6) official
				  written approval of the project by the governing body of each entity that may
				  become liable for repayment of any financial assistance;
(7) a binding commitment that the
				  environmental consequences of the proposed project will be fully considered,
				  and that the proposed project will comply with all applicable local, state, and
				  federal environmental laws, regulations, and requirements;
(8) for public roadway projects, a
				  preliminary design study, including:
(A) an
				  initial route and potential alignments; and
(B) revisions or changes to state highway
				  system facilities necessitated by the project; and
(9) for transit projects, a preliminary scope
				  study, including preliminary layouts, architectural drawings, equipment
				  specifications, and other information necessary to describe the project fully
				  and to comply with all requirements of the Federal Transit
				  Administration.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 6 - STATE INFRASTRUCTURE BANK › Subchapter D - DEPARTMENT AND COMMISSION ACTION › Section 6.31 - Department Action

Current through Reg. 49, No. 28; July 12, 2024
(a) Review of
				  application. The department will review an application submitted under
				  Subchapter C of this chapter (relating to Procedures) and advise the applicant
				  of any required information or data that is missing. When the application is
				  complete, the department will so notify the applicant.
(b) Analysis. The executive director will
				  perform an analysis of the application and prepare findings and recommendations
				  for the commission as soon as practicable in accordance with this chapter and
				  commission policies.
(c) Submission
				  to commission. The executive director will submit the application together with
				  findings and recommendations to the commission for consideration as soon as
				  practicable in accordance with this chapter and commission policies.
(d) Notice. The executive director shall
				  develop guidelines and post information on the department's website regarding
				  the amount of available funds, any limitations on the amount of funds available
				  for various applicants or types of projects, application deadlines, and any
				  other information that the executive director considers necessary for the
				  administration of the bank in accordance with this chapter and the commission's
				  direction to assure that bank funds will be available as needs arise for
				  financial assistance to various applicants for various types of
				  projects.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 6 - STATE INFRASTRUCTURE BANK › Subchapter D - DEPARTMENT AND COMMISSION ACTION › Section 6.32 - Commission Action

Current through Reg. 49, No. 28; July 12, 2024
(a) Commission
				  analysis. The commission will consider all relevant information in the
				  application together with the executive director's findings and
				  recommendations.
(b) Consideration
				  of applications for preliminary and final approval.
(1) Applications for financial assistance in
				  the amount of $10 million or less will be considered by the commission for
				  final approval without going through the preliminary approval process
				  prescribed in subsection (c) of this section if the financial assistance is to
				  be used for a project for which the department has primary responsibility,
				  including for the payment of:
(A) local
				  participation in a highway improvement project under Transportation Code,
				  Chapter 222, Subchapter C, and Chapter 15, Subchapter E of this title;
				  or
(B) the relocation of utilities
				  necessary for a project under Transportation Code, Chapter 203, Subchapter E,
				  and Chapter 21, Subchapter P of this title.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 6 - STATE INFRASTRUCTURE BANK › Subchapter E - FINANCIAL ASSISTANCE AGREEMENTS › Section 6.41 - Financial Assistance Agreements

Current through Reg. 49, No. 28; July 12, 2024
(a) Form of
				  agreement. An agreement evidencing a loan or other financial assistance may be
				  in the form of a contract or similar document, or may be in the form of a bond,
				  note, or other obligation issued by the applicant.
(b) Negotiation of terms. The executive
				  director will negotiate the terms of agreements deemed necessary to comply with
				  any requirements of preliminary approval, to protect the public's safety, and
				  to prudently provide for the protection of public funds while furthering the
				  purposes of this chapter. These agreements shall include, but not be limited
				  to, terms provided for in this subchapter, as applicable to a particular
				  project.
(c) Initial repayment
				  date. Unless the commission defers the beginning of repayment, repayment of any
				  financial assistance from the bank will begin on the earliest reasonable date
				  consistent with applicable federal and state law, rules, and regulations. If
				  approved by the commission, the initial repayment of financial assistance may
				  be deferred to the date specified by the commission, which may not be later
				  than the fifth anniversary of the date of the initial funding of the financial
				  assistance. The term for repaying any financial assistance will not exceed 30
				  years after the date of the first scheduled payment.
(d) Payment dates. Interest and principal
				  shall be paid on the dates specified in the financial assistance agreement. If
				  a date for payment is not a business day the payment shall be made on the next
				  following business day.
(e)
				  Prepayments. Principal and interest may be prepaid without penalty on any date
				  or dates as provided in the financial assistance agreement.
(f) Assurances. The department will provide
				  in a financial assistance agreement assurances that are reasonably and
				  customarily required by the applicant and that are necessary for obtaining
				  financing for, developing, or operating a particular project, if, in the
				  department's reasonable judgment, the assurances are consistent with the
				  agreement.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 6 - STATE INFRASTRUCTURE BANK › Subchapter E - FINANCIAL ASSISTANCE AGREEMENTS › Section 6.42 - Performance of Work

Current through Reg. 49, No. 28; July 12, 2024
(a) Work performed
				  by the department. The department and the applicant may agree that the
				  department will, consistent with state law, provide all or part of the work
				  connected with the project in the department's normal course of business. For
				  work performed by the department, the following provisions will apply.
(1) The department will account for all costs
				  of the project in the normal course of business in accordance with applicable
				  law.
(2) The department will make
				  progress payments or set aside funds from the bank on behalf of the applicant
				  as the department deems necessary. Such actions shall bind the applicant to
				  repayment according to the terms of the agreement(s). Interest shall accrue
				  from the date of the payment or setting aside of funds.
(3) The department's actions and decisions
				  regarding the project shall not be contestable by the applicant, except as
				  expressly provided in the financial assistance agreement.
(4) The applicant shall provide the
				  department, and if applicable, the Federal Highway Administration, and the
				  Federal Transit Administration, or their authorized representatives as
				  applicable, with right of entry or access to all properties or locations
				  necessary to perform activities required to execute the work, inspect the work
				  or aid otherwise in the prompt pursuit of the work.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 6 - STATE INFRASTRUCTURE BANK › Subchapter E - FINANCIAL ASSISTANCE AGREEMENTS › Section 6.43 - Design, Construction, and Procurement Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) Plans and specifications. For federal-aid
				  and state highway improvement projects, plans and specifications must be in
				  compliance with the design manuals and the latest version of the department's
				  standard specifications for construction of highways, streets, and bridges. All
				  construction plans shall be signed and dated by a professional engineer
				  registered in Texas.
(b) Change
				  orders. The department may require standards and procedures to be used in
				  making any design change orders.
(c) Transit projects. Transit projects must
				  comply with all requirements established under §§
										31.39-
				  31.49
				  of this title (relating to Program Administration).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 6 - STATE INFRASTRUCTURE BANK › Subchapter E - FINANCIAL ASSISTANCE AGREEMENTS › Section 6.44 - Maintenance

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may require minimum
				  specific standards and procedures to be used in maintenance of the project
				  during the term of financial assistance.
(b) All structures defined as a bridge by the
				  National Bridge Inspection Standards shall be maintained in compliance with
				  applicable state and federal requirements. The department will perform safety
				  inspections of these structures in accordance with federal
				  requirements.
(c) In establishing
				  the standards and procedures described in subsection (a) of this section, if
				  any, or in considering exceptions to the standards and inspection procedures
				  described in subsection (b) of this section, the department shall consider:
(1) the applicant's past experience with
				  similar projects (if applicable); and
(2) whether the project is intended to become
				  part of the state highway system or otherwise to be subject to the jurisdiction
				  of the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 6 - STATE INFRASTRUCTURE BANK › Subchapter E - FINANCIAL ASSISTANCE AGREEMENTS › Section 6.45 - Financial and Credit Requirements

Current through Reg. 49, No. 28; July 12, 2024
An applicant receiving financial assistance under this
					 chapter shall:
(1) repay the financial
				  assistance at the specified interest rate over a specified period as provided
				  in the financial assistance agreement;
(2) submit to the department within 30 days
				  of the date of their adoption the annual operating and capital budgets adopted
				  by the applicant each fiscal year under a trust agreement or indenture or
				  equivalent document securing bonds issued for a project, and any amended or
				  supplemental operating or capital budget, approved by the governing body of the
				  applicant and certified as correct by its chief administrative officer or chief
				  financial officer;
(3) for all debt
				  payable from the same revenue that is to repay the financial assistance, within
				  30 days after the date of submission to the Electronic Municipal Market Access
				  System (EMMA) of the Municipal Securities Rulemaking Board of annual financial
				  information and notices of material events required to be disclosed under Rule
				  15c2-12 of the United States Securities and Exchange Commission (17 C.F.R.
				  §240.15c2-12), submit the information or
				  notice to the department or advise the department in writing that the
				  submission to EMMA has been made and provide in that writing the associated
				  CUSIP number; and
(4) abide by
				  provisions governing default.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter B - CONTRACTS › Section 7.10 - 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--The Texas Transportation Commission.
(2) Department--The Texas Department of
				  Transportation.
(3) Executive
				  Director--The executive director of the department or the executive director's
				  designee not below the level of division director.
(4) Public entity--A governmental entity,
				  including a political subdivision of this state, that is authorized by law to
				  operate rail facilities.
(5) Rail
				  facility--Real or personal property, or any interest in that property, that is
				  determined to be necessary or convenient for the provision of a freight or
				  passenger rail facility or system, including commuter rail, intercity rail, and
				  high-speed rail.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter B - CONTRACTS › Section 7.11 - Comprehensive Development Agreements

Current through Reg. 49, No. 28; July 12, 2024
(a) To
				  the extent and in the manner that the department may enter into a comprehensive
				  development agreement with respect to a turnpike or toll project under Chapter
				  27, Subchapter A of this title (relating to Comprehensive Development
				  Agreements), the department may enter into a comprehensive development
				  agreement for the financing, design, acquisition, construction, maintenance, or
				  operation of a rail facility or system.
(b) The department shall utilize the
				  processes and procedures provided in Chapter 27, Subchapter A of this title
				  when considering the use of a comprehensive development agreement, including
				  when:
(1) requesting qualifications and
				  proposals or accepting unsolicited proposals for the financing, design,
				  acquisition, construction, maintenance, or operation of a rail facility or
				  system;
(2) evaluating and ranking
				  submissions and proposals; and
(3)
				  selecting the proposal that provides the best value to the
				  department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter B - CONTRACTS › Section 7.12 - Construction and Maintenance Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  department shall comply with the policies and procedures prescribed in Chapter
				  9, Subchapter B of this title (relating to Highway Improvement Contracts) in
				  the qualification of bidders, issuance of proposals and receipt of bids, and
				  award and execution of a contract for the construction or maintenance of a rail
				  facility.
(b) The name and address
				  of the individual to whom bids shall be submitted will be provided when a
				  project is advertised. That individual will be responsible for opening and
				  reading bids in accordance with the policies and procedures in §
										9.15
				  of this title (relating to Acceptance, Rejection, and Reading of
				  Bids).
(c) Bidder responsibility
				  requirements shall be provided by the department with the proposal form issued
				  for a project.
(d) A construction
				  or maintenance contract may provide for partial payments and retainage in the
				  amounts provided in the contract.
(e) Architectural, engineering, or surveying
				  services that are needed for the construction or maintenance of a rail facility
				  shall be acquired in accordance with the requirements of Government Code,
				  Chapter 2254, and Chapter 9, Subchapter C of this title (relating to
				  Contracting for Architectural, Engineering, and Surveying Services), except
				  that the administrative qualification requirements of § 9.42 of this title
				  (relating to Administrative Qualification) shall not apply if the department
				  does not have a precertification category for the work to be
				  performed.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter B - CONTRACTS › Section 7.13 - Contracts with Rail Operators and Leases

Current through Reg. 49, No. 28; July 12, 2024
(a) For
				  any rail facility acquired or constructed by the department, the department may
				  contract with a public or private entity to operate the facility or lease
				  it.
(b) Except as provided in this
				  section, the department will use a competitive process to select the operator
				  or lessee. For the selection of a rail operator, the department will select the
				  lowest responsible bidder that complies with the department's criteria. For the
				  selection of a lessee, the department will select the bidder whose proposal
				  offers the apparent best value to the department. The department will publish a
				  notice in the
Texas Register
and in a newspaper of general
				  circulation in the area in which the rail facility is located, requesting
				  proposals to operate or to lease the facility. In evaluating proposals
				  submitted in response to a request under this subsection, the department will
				  select the bidder considering the:
(1)
				  qualifications and capability of the proposer to operate the rail
				  facility;
(2) proposer's experience
				  in constructing and maintaining rail facilities;
(3) financial capability of the proposer to
				  operate and maintain the rail facility;
(4) relative effectiveness of the proposer's
				  management team and staff;
(5)
				  extent to which the proposal minimizes the department's financial obligations
				  in acquiring or maintaining the rail facility;
(6) if within the scope of the published
				  proposal, proposer's plan for maintaining and improving equipment, trackwork,
				  and right of way, including the planned schedule for carrying out the
				  maintenance and improvements and planned funding sources; and
(7) if within the scope of the published
				  proposal, proposer's planned operating rules and procedures for servicing
				  markets served by the rail facility, including plans and proposed schedules for
				  improving service and adding additional markets.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter C - ABANDONED RAIL › Section 7.20 - 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) Abandoned
				  rail facilities--Rail facilities for which:
(A) a notice of intent to abandon or
				  discontinue service has been filed with the Surface Transportation Board under
				  49 C.F.R.
				  §1152.20;
(B) an application for abandonment or
				  discontinuance of service has been filed with the Surface Transportation Board
				  under 49 C.F.R. Part 1152; or
(C)
				  abandonment or discontinuance of service has been authorized by the Surface
				  Transportation Board.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter C - ABANDONED RAIL › Section 7.21 - Abandonment of Rail Line by Rural Rail Transportation District

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. Transportation Code, §
										172.210,
				  provides that a rural rail transportation district created under that chapter
				  may not abandon a rail line of the district with respect to which state funds
				  have been loaned or granted unless the abandonment is approved by the
				  commission as being consistent with the policies of that chapter. This section
				  prescribes the policies and procedures by which a rural rail transportation
				  district may apply for and obtain approval to abandon a rail line of the
				  district.
(b) Application.
(1) To request approval of the abandonment of
				  a segment of rail line with respect to which state funds have been loaned or
				  granted, a district shall submit an application to: Director, Rail Division,
				  Texas Department of Transportation, 125 East 11th Street, Austin, Texas
				  78701.
(2) An application shall be
				  submitted to the department no later than 45 days after the district filed the
				  notice of intent under
				  49 C.F.R.
				  §1152.20 and shall include a copy of:
(A) documentation under which the district
				  obtained state funds for the rail line;
(B) the notice of intent filed with the
				  Surface Transportation Board;
(C)
				  the application filed with the Surface Transportation Board under 49 C.F.R.
				  Part 1152, Subpart C; and
(D)
				  documentation evidencing compliance with the requirements of
				  49 C.F.R.
				  §1152.20.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter C - ABANDONED RAIL › Section 7.22 - Acquisition of Abandoned Rail Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. Transportation Code, Chapter 91, authorizes the department to acquire
				  abandoned rail facilities. In establishing criteria for the department's
				  acquisition of abandoned rail facilities, the commission is required to
				  consider the local and regional economic benefit realized from the disbursement
				  of funds in comparison to the amount of the disbursement. This section
				  prescribes policies and procedures for the department's acquisition of
				  abandoned rail facilities.
(b)
				  Public involvement.
(1) On receipt of a
				  notice of intent to abandon or discontinue service, the department shall
				  coordinate with the governing body of any municipality, county, or rural rail
				  transportation district in which all or a segment of the rail facility is
				  located to determine whether:
(A) the
				  department should acquire the rail facility; or
(B) any other actions should be taken to
				  provide for continued rail transportation service.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter D - RAIL SAFETY › Section 7.30 - 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) Division director--The director of the
				  department's Rail Division.
(3)
				  FRA--The Federal Railroad Administration.
(4) Railroad--Any form of nonhighway ground
				  transportation that runs on rails or electromagnetic guideways.
(A) Railroad includes:
(i) commuter or other short-haul railroad
				  passenger service in a metropolitan or suburban area; and
(ii) high speed ground transportation systems
				  that connect metropolitan areas, without regard to whether those systems use
				  new technologies not associated with traditional railroads.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter D - RAIL SAFETY › Section 7.31 - Safety Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
				  A person, association, private corporation, public corporation, or any other
				  entity that owns or operates a railroad shall comply with the requirements of
				  this subchapter.
(b) Governing
				  statutes. Railroads operating within the state of Texas shall comply with the
				  safety requirements contained in or adopted under:
(1) 49 United States Code, Subtitle III,
				  Chapter 51;
(2) 49 United States
				  Code, Subtitle V, Part A;
(3)
				  Transportation Code, Chapter 111;
(4) Transportation Code, Chapters 191, 192,
				  and 193;
(5) 49 C.F.R. Part
				  40;
(6) 49 C.F.R. Parts 107 and 171
				  - 180; and
(7) 49 C.F.R. Subtitle
				  B, Chapter II, Federal Railroad Administration, Department of Transportation,
				  Parts 200 - 299.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter D - RAIL SAFETY › Section 7.32 - Filing Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A railroad shall
				  file with the department:
(1) the name,
				  address, and telephone number of the principal operating officer in
				  Texas;
(2) a primary and secondary
				  telephone number, which are manned 24 hours per day, for the railroad
				  dispatcher or supervisor responsible for train operations in Texas.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter D - RAIL SAFETY › Section 7.33 - Reports of Accidents/Incidents

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Telephonic reports of certain accidents/incidents.
(1) A railroad shall give immediate
				  telephonic notice to the department of accidents/incidents and other events by
				  calling the department's Rail Division at the telephone number posted on the
				  department's website. Except as provided in paragraph (2) of this subsection, a
				  railroad shall give reports to the department in the same manner and following
				  the same requirements as the railroad shall give reports to the National
				  Response Center under
				  49
				  C.F.R. §
												225.9.
(2) In addition to giving the department
				  telephonic notice of the accidents/incidents and other events described in
				  49
				  C.F.R. §
												225.9, a railroad shall give
				  telephonic notice of accidents/incidents which:
(A) result in the death of one or more
				  persons;
(B) result in the injury
				  of two or more persons;
(C) involve
				  a fire or explosion; or
(D) involve
				  a passenger or commuter train.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter D - RAIL SAFETY › Section 7.34 - Hazardous Materials - Telephonic Reports of Incidents

Current through Reg. 49, No. 28; July 12, 2024
A railroad shall give immediate telephonic notice to the
					 department of hazardous materials incidents by calling the department's Rail
					 Division at the telephone number posted on the department's website. A railroad
					 shall give reports to the department in the same manner and following the same
					 requirements as the railroad shall give reports to the National Response Center
					 under
					 49 C.F.R.
					 §
											171.15. A railroad shall give
					 telephonic notice of only those accidents/incidents which involve the operation
					 of railroad on-track equipment (standing or moving).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter D - RAIL SAFETY › Section 7.35 - Hazardous Materials-Written Reports

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Policy. It is the policy of the department to provide information regarding the
				  type and quantity of hazardous materials transported within the state to local
				  emergency planning agencies in areas containing reported railroad operations.
				  It is also department policy to collect such information in order for the
				  department to more efficiently allocate hazardous materials inspection
				  resources. To accomplish these policies, each railroad that transports a
				  hazardous material through the state is required to adhere to certain reporting
				  requirements relating to the transportation of hazardous materials.
(b) Definitions. The following words and
				  terms, when used in this section, shall have the following meanings, unless the
				  context clearly indicates otherwise.
(1)
				  Emergency management program--An emergency management program established under
				  Government Code, Chapter 418, Subchapter E.
(2) Hazardous material--Any substance
				  transported by a railroad which is included within the requirements of the
				  railcar placarding regulations adopted by the United States Department of
				  Transportation and published in the C.F.R., Title 49.
(3) Railroad line segment--A length of
				  railroad line over which hazardous materials are transported between two or
				  more municipalities within the state that are also identified as stations on a
				  current railroad timetable. A line segment will terminate at the nearest
				  municipality where the frequency of cars-per-year transporting hazardous
				  materials changes from one category, as defined in subsection (d)(2) of this
				  section, to another.
(4) Reporting
				  year--Calendar year (January 1-December 31) preceding the year the report is to
				  be submitted.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter D - RAIL SAFETY › Section 7.36 - Clearances of Structures Over and Alongside Railway Tracks

Current through Reg. 49, No. 28; July 12, 2024
(a) The lowest part of a structure built over
				  the tracks of a railroad, including a bridge, viaduct, foot bridge, or power
				  line, may not be less than 22 feet above the top of the rails of the
				  tracks.
(b) A structure, including
				  a platform or fence, or material may not be built or placed so that any part of
				  the structure or material is less than 8-1/2 feet from the center line of a
				  railroad track, including a main line, spur, switch, or siding.
(c) The lowest part of a roof projection
				  constructed for any purpose may not be less than 22 feet above the top of the
				  rails of a railroad track and the horizontal edge of the roof projection may
				  not be less than 8-1/2 feet from the center line of the track.
(d) Transportation Code, §
										191.001
				  and §
										191.002
				  and the requirements of this section do not apply to engine houses or buildings
				  into which locomotives or cars are moved for terminal inspection, attention, or
				  repairs.
(e) Waiver of Provision.
(1) An individual or entity may apply for a
				  waiver from the requirements of Transportation Code, §
											191.001
				  and §
											191.002,
				  or this section, on a form to be prescribed by the department and provided on
				  the department web site.
(2) The
				  department shall process the application and submit it to the commission for
				  final action. The commission shall grant, grant in part, or deny the waiver
				  request. The commission may require appropriate measures such as posting
				  warning signs and giving notice to railroads that use the facility.
(3) If the applicant does not provide
				  sufficient information to evaluate the waiver request, the commission will deny
				  the request.
(4) The applicant is
				  not entitled to a contested case hearing, and there is no right to appeal the
				  commission decision.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter D - RAIL SAFETY › Section 7.37 - Visual Obstructions at Public Grade Crossings

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The following words or
				  terms, when used in this section, shall have the following meanings, unless the
				  context clearly indicates otherwise.
(1)
				  Active warning device--A bell, flashing light, gate, wigwag, or other
				  automatically activated warning device that provides an active warning to a
				  motorist of the approach of a train to the crossing.
(2) Passive public grade crossing--A crossing
				  or intersection of railroad track by a publicly maintained road or highway at
				  which the traffic control devices consist entirely of signs or pavement
				  markings and there are no active warning devices.
(3) Vegetation--Grass, bushes, shrubbery, and
				  trees having a trunk diameter of six inches or less.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter D - RAIL SAFETY › Section 7.38 - Wayside Detector Map, List, or Chart

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  When the department requests in writing, a railroad shall file a map, list, or
				  chart with the department indicating the current locations within the state of
				  Texas of the following wayside detectors:
(1)
				  hot box indicators;
(2) dragging
				  equipment detectors;
(3) high water
				  indicators;
(4) shifted load
				  detectors; and
(5) other wayside
				  detectors.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter D - RAIL SAFETY › Section 7.39 - Right to Inspect

Current through Reg. 49, No. 28; July 12, 2024
(a) Railroad
				  property. Authorized personnel of the department shall have the right to enter
				  onto the property of any railroad operating within the state of Texas, for the
				  purpose of conducting inspections, investigations, and surveillance of railroad
				  tracks, facilities, equipment, records, and operations in order to determine
				  the railroad's compliance with relevant safety requirements. Any inspection,
				  investigation, or surveillance shall be conducted at a reasonable time and in a
				  reasonable manner.
(b) Hazardous
				  materials. In accordance with Transportation Code, §
										111.102,
				  authorized personnel of the department have the right to inspect facilities,
				  equipment, records, and operations relating to the packaging, loading,
				  unloading, or transportation of hazardous materials by railroad.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter D - RAIL SAFETY › Section 7.40 - Enforcement of Safety Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Federal
				  enforcement action. The division director may refer violations of FRA's
				  railroad safety requirements to the FRA with a recommendation that the FRA seek
				  either imposition of civil penalties or an injunction against further railroad
				  safety violations, or both.
(b)
				  State enforcement action. The department may, through the attorney general of
				  Texas, bring an action in any court of competent jurisdiction and proper venue,
				  seeking either imposition of a civil penalty or an injunction, or both, against
				  violation of a railroad safety regulation or order issued under the provisions
				  of the Texas Civil Statutes or Transportation Code, Chapter 111. The department
				  may also, through the attorney general of Texas, bring an action in the United
				  States district court for the judicial district in which the violation occurred
				  or in which the defendant has its principal executive office, seeking either
				  imposition of a civil penalty or an injunction, or both, for a violation of
				  FRA's railroad safety requirements, if the division director has requested such
				  action and the FRA has failed to take timely action on a request.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter D - RAIL SAFETY › Section 7.41 - Rail Safety Program Fee

Current through Reg. 49, No. 28; July 12, 2024
(a) Annual fee.
				  Each railroad operating within the state shall pay an annual fee as provided by
				  this section.
(b) Definitions. The
				  following terms, when used in this section, shall have the following meanings
				  unless the context clearly indicates otherwise.
(1) Gross ton miles:
(A) the combined weight of all rail cars and
				  their contents, exclusive of locomotives, multiplied by the number of miles
				  traveled in the state within a calendar year; or
(B) if a railroad has reported its calendar
				  year gross ton miles on a Form R-1 filed with the United States Surface
				  Transportation Board (USSTB), that portion of the reported gross ton miles that
				  are for operations within the state.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter D - RAIL SAFETY › Section 7.42 - Administrative Review

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
				  This section applies only when another section makes a specific reference to
				  this section.
(b) Application.
(1) A railroad shall submit an application
				  for administrative review to the following address: Director, Rail Division,
				  Texas Department of Transportation, 125 East 11th Street, Austin, Texas
				  78701.
(2) The application shall
				  explain the relief requested, all relevant facts, and the legal basis for the
				  relief sought.
(3) If the
				  application seeks review of a department decision given to the railroad in
				  writing, the railroad shall submit an application for review no later than 30
				  days after receipt of the written decision.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter E - RAIL FIXED GUIDEWAY SYSTEM STATE SAFETY OVERSIGHT PROGRAM › Section 7.80 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Transportation Code, Chapter 455 requires the Texas
					 Transportation Commission to establish standards for and implement state
					 oversight of safety practices of rail fixed guideway systems in compliance with
					 49 U.S.C. §
											5330. This subchapter prescribes the policies
					 and procedures governing state oversight of rail fixed guideway systems' safety
					 practices.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter E - RAIL FIXED GUIDEWAY SYSTEM STATE SAFETY OVERSIGHT PROGRAM › Section 7.81 - 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) Accident--An
				  event that involves any of the following: A loss of life; a report of a serious
				  injury to a person; a collision involving a rail transit vehicle; a runaway
				  train; an evacuation for life safety reasons; or any derailment of a rail
				  transit vehicle, at any location, at any time, whatever the cause.
(2) 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.