Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter E - FEDERAL, STATE, AND LOCAL PARTICIPATION › Section 15.51 - 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) Construction cost--All direct and
				  indirect costs identified by the department's cost accounting system to a
				  highway improvement or other transportation project, other than for right of
				  way acquisition, preliminary engineering, and construction
				  engineering.
(3) Construction
				  engineering cost/expenses--Engineering or project administration costs and
				  expenses incurred, including indirect costs and expenses identified by the
				  department's cost accounting system, on a highway improvement or other
				  transportation project after contract award.
(4) Department--The Texas Department of
				  Transportation.
(5) District
				  office--One of the 25 geographical areas, managed by a district engineer, in
				  which the department conducts its primary work activities.
(6) Economically disadvantaged county--A
				  county described by Transportation Code, §
										222.053(a)
				  or (a-1), as determined from data provided by
				  the Texas Comptroller of Public Accounts and the Federal Emergency Management
				  Agency as appropriate.
(7) Eligible
				  utilities--Costs of utility adjustments, required by a highway improvement or
				  other transportation project, that are eligible, in accordance with federal and
				  state law, for reimbursement by the department.
(8) Executive director--The executive
				  director of the department, or a designee.
(9) Federal funds--Financial assistance
				  provided by the federal government for highway improvement and other
				  transportation projects.
(10)
				  Highway improvement project--A project which provides for the design,
				  construction, improvement, or enhancement of a public road, including bridges,
				  culverts, or other appurtenances related to public roads, either on or off the
				  state highway system.
(11) Local
				  government--Any county, city, other political subdivision of this state, or
				  special district that has the authority to finance a highway improvement or
				  other transportation project.
(12)
				  Local participation--Financial assistance provided by a local government to
				  participate in costs associated with highway improvement or other
				  transportation projects.
(13)
				  Matching funds/participation ratio--Those portions of funds required or
				  chargeable for the contribution toward a highway improvement or other
				  transportation project's cost by a local government.
(14) National Highway System (NHS)--A part of
				  the National Intermodal Transportation System consisting of the National System
				  of Interstate and Defense Highways and those principal arterial roads which are
				  essential for interstate and regional commerce and travel, national defense,
				  intermodal transfer facilities, and international commerce and border crossings
				  as designated by the United States Congress by criteria set forth in federal
				  law.
(15) Off-State Highway System
				  Bridge Program--A federally mandated program by which federal funds are made
				  available to replace or rehabilitate bridges under the jurisdiction of a local
				  government and not on the state highway system.
(16) Preliminary engineering
				  cost/expenses--Costs and expenses incurred, including indirect costs and any
				  other expenses identified by the department's cost accounting system, on a
				  highway improvement project before construction contract award.
(17) Reconstruction--The primary activities
				  involving the rebuilding of a segment of highway along the existing route as
				  well as those associated with the acquisition of rights of way where necessary
				  to upgrade to current standards.
(18) Rehabilitation--The primary activities
				  to restore, or re-establish in good condition, a segment of highway (not
				  including the construction of additional travel lanes, other than high
				  occupancy vehicle lanes or auxiliary lanes).
(19) Reservoir agency--A public or private
				  agency that has the authority to construct, maintain, or operate a reservoir
				  facility.
(20) Right of way
				  acquisition--That process identified with the procurement of real property,
				  access rights, mineral rights, and easements permitted in accordance with state
				  law for the construction of approved highway improvement or other
				  transportation projects.
(21) Right
				  of way costs--All direct and indirect costs identified by the department's cost
				  accounting system for the acquisition of land or an interest in land necessary
				  for the development of a highway improvement or other transportation project
				  (including access rights to abutting properties, eligible utility
				  relocation/adjustment costs, and other direct expenses when specified in the
				  agreement).
(22) State funds--Money
				  received by the department, other than federal funds, funds in excess of
				  minimum requirements, or local participation, to be expended for highway
				  improvement and other transportation projects.
(23) State highway system--The system of
				  highways in the state included in a comprehensive plan prepared by the
				  department's executive director under the direction and with the approval of
				  the commission in accordance with Transportation Code, §
										201.103.
(24) State highway system routes--Those state
				  numbered routes designated as a part of the state highway system.
(25) Transportation project--A transportation
				  improvement project or transportation-related program that is not a highway
				  improvement project and that is fully or partially funded with state or federal
				  funds.
(26) Utility
				  relocation/adjustment costs--Costs of work related to the adjustment,
				  relocation, and removal of utility facilities accomplished in accordance with
				  §
										21.21
				  of this title (relating to State Participation in Relocation, Adjustment,
				  and/or Removal) and Chapter 21, Subchapter C of this title (relating to Utility
				  Accommodation).