Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter I - BORDER COLONIA ACCESS PROGRAM › Section 15.105 - Apportionment

Current through Reg. 49, No. 28; July 12, 2024
The department will apportion and distribute available
					 funds in the manner described by this section.
(1) Each county will receive a minimum of
				  $100,000 in funding during each program call.
(2) In addition to funds distributed under
				  paragraph (1) of this section, an amount equal to 10% of the funding available
				  during each program call shall be set aside and distributed to rural border
				  counties to fund projects in which a colonia access road serving a border
				  colonia located in that county is paved for the first time.
(3) The first 50% of the remaining available
				  funds after the distributions under paragraphs (1) and (2) of this section will
				  be distributed to a county in proportion to its border colonia population,
				  based on the latest estimates from the Texas Water Development Board. The
				  commission will fund the highest ranked projects as evaluated and scored under
				  §
										15.104
				  of this subchapter.
(4) The
				  remaining 50% of the remaining available funds will then be distributed to
				  individual counties on a project by project basis. All projects submitted by
				  the counties and not funded under paragraphs (1), (2), and (3) of this section
				  will be funded in descending rank order as determined under §
										15.104
				  of this subchapter as available funding permits.
(5) If a county did not submit sufficient
				  eligible projects to expend funds available under paragraphs (1), (2), and (3)
				  of this section, the remaining funds will be distributed in accordance with
				  paragraph (4) of this section. If the remaining funds are not distributed under
				  paragraph (4) of this section because of insufficient eligible projects, the
				  county may use those funds for project cost overruns.
(6) Funds available as a result of a county
				  being prohibited from continued participation in the program under §
										15.106(e)
				  of this subchapter or because of county reimbursements under §
										15.106(f)
				  of this subchapter will be distributed in accordance with paragraph (4) of this
				  section.
(7) Projects will be
				  funded based on the project cost estimates provided by a county under §
										15.103 of
				  this subchapter. Except as provided in paragraph (5) of this section, project
				  costs above that estimate are the responsibility of the county. A county may
				  seek additional funds for a project if the department issues subsequent program
				  calls.
(8) The maximum amount of
				  funding that is available for each project is $500,000 per mile, unless the
				  executive director or designee not below the level of assistant executive
				  director grants a waiver due to exceptional drainage costs.
(9) Projects partially funded under prior
				  program calls are eligible for funding under this subchapter.
(10) A county may use unexpended funds from a
				  project on any other commission-selected county colonia project.