reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter G - ALTERNATIVE DISPUTE RESOLUTION › Section 1.102 - Policy

Current through Reg. 49, No. 28; July 12, 2024
In accordance with Transportation Code, §
										201.118,
					 the commission encourages the use of appropriate alternative dispute resolution
					 processes to assist in the resolution of internal and external disputes under
					 the department's jurisdiction.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter G - ALTERNATIVE DISPUTE RESOLUTION › Section 1.103 - Alternative Dispute Resolution Description

Current through Reg. 49, No. 28; July 12, 2024
Alternative dispute resolution uses a wide variety of
					 processes that may be informal or formal and that are intended to achieve
					 conflict resolution through agreement of the parties to the conflict. Those
					 processes include non-binding arbitration, collaborative problem-solving,
					 conciliation, consensus building, and mediation, and may consist of a
					 combination of two or more of those or other dispute resolution processes. An
					 alternative dispute resolution process is conducted by an individual who is
					 referred to as an impartial third party.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter G - ALTERNATIVE DISPUTE RESOLUTION › Section 1.104 - Impartial Third Party

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may
				  not act as an impartial third party unless the person has the qualifications
				  specified in Civil Practice and Remedies Code, §
										154.052
				  and has no personal interest or stake in the outcome of the dispute.
(b) An impartial third party is subject to
				  the standards and duties prescribed by Civil Practice and Remedies Code, §
										154.053.
(c) To serve as the impartial third party for
				  an alternative dispute resolution process, a person must be approved by the
				  parties to the process.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter G - ALTERNATIVE DISPUTE RESOLUTION › Section 1.105 - Alternative Dispute Resolution Coordinator

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director shall designate a
				  department employee as the department's alternative dispute resolution
				  coordinator.
(b) The person
				  designated as the alternative dispute resolution coordinator must have
				  completed a minimum of 40 classroom hours of training in dispute resolution
				  techniques in a course conducted by an alternative dispute resolution system
				  established under Civil Practice and Remedies Code, Chapter 152, or another
				  dispute resolution organization approved by a court of this state at the time
				  of or as soon as practicable after the designation.
(c) The alternative dispute resolution
				  coordinator may act as the impartial third party for an alternative dispute
				  resolution process.
(d) The
				  alternative dispute resolution coordinator shall develop the process to be used
				  by the department for alternative dispute resolution. The process must conform,
				  to the extent possible, to the model guidelines issued by the State Office of
				  Administrative Hearings for the use of alternative dispute resolution by state
				  agencies. The process should provide the method that will be used by the
				  coordinator for the selection of impartial third parties.
(e) The alternative dispute resolution
				  coordinator shall collect data on the effectiveness of the department's use of
				  alternative dispute resolution and before December 31 of each year shall file
				  with the commission a report interpreting the data collected for the preceding
				  fiscal year.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter G - ALTERNATIVE DISPUTE RESOLUTION › Section 1.106 - Use of Alternative Dispute Resolution

Current through Reg. 49, No. 28; July 12, 2024
(a) Alternative dispute resolution is
				  available for a dispute relating to the department unless a rule of the
				  commission provides an exclusive procedure to address that type of dispute or
				  specifically provides that alternative dispute resolution will not be used for
				  that type of dispute.
(b) The
				  alternative dispute resolution procedure provided under this subchapter is not
				  applicable to:
(1) employee disputes,
				  disciplinary actions, grievances, and appeals, all of which are subject to the
				  department's Human Resources Manual;
(2) contract claims, which are subject to the
				  procedures provided by §
											9.1
				  or §
											9.2 of
				  this title (relating to Contract Claims under Government Code, Chapter 2260 or
				  Contract Claim Procedure, respectively);
(3) protests in connection with the
				  solicitation, evaluation, or award of a purchase of commodities or
				  non-professional services under the State Purchasing and General Services Act
				  (Government Code, Title 10, Subtitle D), which are subject to §
											9.3
				  of this title (relating to Protest of Department Purchases under the State
				  Purchasing and General Services Act); or
(4) appeals, regardless of how denominated,
				  that request the review of decisions that are final or not reviewable under
				  this title or for which this title provides an exclusive appeals
				  process.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter G - ALTERNATIVE DISPUTE RESOLUTION › Section 1.107 - Assessment of the Use of Alternative Dispute Resolution

Current through Reg. 49, No. 28; July 12, 2024
(a) When the alternative dispute resolution
				  coordinator receives a referral or request for the use of alternative dispute
				  resolution, the coordinator will assess whether an alternative dispute
				  resolution process is appropriate for the dispute and, if so, will determine
				  the type of process that is most likely to result in an agreement.
(b) Reasons that the coordinator may
				  determine that the use of an alternative dispute resolution process is not
				  appropriate include:
(1) previous
				  determinations concerning the matter in dispute provide a clearly established
				  precedent for resolving the matter;
(2) the use of an alternative dispute
				  resolution process is an inefficient use of the department's resources compared
				  to other processes that may be used to resolve the dispute;
(3) the dispute involves significant
				  unresolved legal issues that must be resolved before an alternative dispute
				  resolution process is likely to be effective;
(4) the dispute significantly affects
				  organizations or individuals who would not be participants in the process and
				  whose interests would not be adequately represented by participants;
				  and
(5) the use of an alternative
				  dispute resolution process cannot provide a public record of the proceeding,
				  which is important or necessary for the particular type of dispute.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter G - ALTERNATIVE DISPUTE RESOLUTION › Section 1.108 - Confidentiality of Certain Records and Communications

Current through Reg. 49, No. 28; July 12, 2024
The confidentiality of a communication or record relating
					 to an alternative dispute resolution process is governed by Civil Practice and
					 Remedies Code, §
										154.073.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter M - DONATIONS › Section 1.501 - 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 district engineer, division director, or
				  special office director.
(4) Gift
				  or donation--A contribution of anything of value given to the department, but
				  not including:
(A) reimbursement for an
				  employee's travel expenses that is received from a governmental entity that
				  provides funding to the department;
(B) reimbursement for an employee's travel
				  expenses that is received from an organization of which the department is a
				  member, including a federal pooled fund project; and
(C) participation in the Adopt-a-Highway,
				  Adopt-a-Highway for Landscaping, Adopt-a-Freeway, and Adopt-an-Airport
				  programs.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter M - DONATIONS › Section 1.503 - Acceptance

Current through Reg. 49, No. 28; July 12, 2024
(a) Acceptance of a gift or donation made to
				  the department under this subchapter must be approved by the executive
				  director. If the gift or donation has a value of $500 or more, it must be
				  acknowledged by order of the commission not later than the 90th day after the
				  date the donation is accepted by the department.
(b) Except as provided in subsection (c) of
				  this section, the executive director may approve acceptance of a gift or
				  donation if the executive director determines that:
(1) the gift or donation will further the
				  department's responsibilities;
(2)
				  the donor is not a party to a contested case before the department, unless the
				  decision in the case became final under Government Code, §
											2001.144,
				  at least 30 days prior to the donation; and
(3) the donor is not subject to department
				  regulation or oversight, or interested in or likely to become interested in any
				  contract, purchase, payment, or claim with or against the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter M - DONATIONS › Section 1.504 - Donation Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) Agreement. The
				  donor and the department must execute a donation agreement if the donation
				  involves real estate, has an estimated value of more than $1,500, or it is
				  necessary to:
(1) warrant or indemnify the
				  department as to ownership;
(2)
				  prevent possible claims that could result from the use of the property;
				  or
(3) document conditions of the
				  gift.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter M - DONATIONS › Section 1.505 - Disposition of Accepted Gift or Donation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Monetary gift or donation. The department will deposit monetary donations in
				  the state treasury, in an approved account, to the credit of the department.
				  The money shall be used to carry out the purposes of the department and the
				  purposes specified by the donor.
(b) Gift of tangible goods. The department's
				  General Services Division will record or inventory a gift of tangible goods
				  donated under this section in accordance with department procedures.
(c) Real property. A deed that conveys any
				  interest in real property to the state shall be recorded in the real property
				  records of the county in which the real property is located, and shall be
				  deposited and retained by the department's Right of Way Division after
				  recordation.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter M - DONATIONS › Section 1.506 - Private Participation in Highway Construction Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) A private entity may participate in a
				  department highway construction project through a gift of money or tangible
				  goods.
(b) The department may
				  accept private participation in a department highway construction project only
				  if it determines that the private participation will serve the interest of the
				  traveling public.
(c) A gift
				  governed by this section must meet all the requirements of this subchapter,
				  including, when required, commission approval and the execution of a donation
				  agreement.
(d) In addition to the
				  requirements of §
										1.504 of this
				  subchapter, a donation agreement governed by this section shall include the
				  following provisions.
(1) Funding arrangement.
				  The agreement shall specify the portion of construction costs, as defined in
				  §
											15.56
				  of this title (relating to Local Financing of Highway Improvement Projects on
				  the State Highway System), to be paid by each party.
(2) Indirect Costs. For service projects, as
				  defined in §
											15.56
				  of this title, the private entity shall be responsible for all indirect costs,
				  as identified by the department.
(3) Interest. The department will not pay
				  interest on funds provided by the private entity. Funds provided by the private
				  entity will be deposited and retained in the state treasury.
(4) Conditions. The agreement shall establish
				  any conditions on the donation, including the method and timing of the
				  donation. If the donation is a gift of money, full payment must be received
				  before the department incurs any costs for the project.
(5) Responsibilities of the parties. The
				  agreement shall identify the responsibilities of each party.
(6) Design and construction.
(A) All aspects of the project shall be
				  carried out in compliance with applicable federal and state laws and
				  regulations.
(B) The project shall
				  be designed in accordance with the latest department policies, procedures,
				  standards, and guidelines.
(C) The
				  department shall award and manage all construction work.
(7) Termination. If the private entity
				  withdraws from the project after the agreement is executed, it shall be
				  responsible for all direct and indirect project costs incurred by the
				  department for the portion of the project in which the private entity was
				  participating.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter N - VEHICLE FLEET MANAGEMENT › Section 1.600 - Restrictions on Assignment of Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Definitions. The following words and terms, when used in this section, shall
				  have the following meanings, unless the context clearly indicates otherwise.
(1) Department--The Texas Department of
				  Transportation.
(2) Executive
				  Director--The executive director of the Texas Department of Transportation or
				  the director's designee not below the level of division director, district
				  engineer, or office director.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 1 - MANAGEMENT › Subchapter O - ELECTRONIC SIGNATURES › Section 1.700 - Digital Certificates

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  section prescribes the requirements that govern the issuance, use, and
				  revocation of digital certificates issued by the department for electronic
				  commerce in eligible department programs. Texas Administrative Code, Title 1,
				  Part 10, Chapter 203, Subchapter B governs to the extent of any conflict
				  between that subchapter and a provision of this section.
(b) Definitions. The following words and
				  terms, when used in this section, shall have the following meanings, unless the
				  context clearly indicates otherwise.
(1)
				  Business entity--An entity recognized by law through which business is
				  conducted with the department, including a sole proprietorship, partnership,
				  limited liability company, corporation, joint venture, educational institution,
				  governmental agency, or non-profit organization.
(2) Certificate holder--An individual to whom
				  a digital certificate is issued.
(3) Digital certificate--A certificate, as
				  defined in Title 1, Texas Administrative Code, Chapter 203, Subchapter A,
				  §203.1 (relating to Key Terms and Technologies for Electronic Transactions
				  and Signed Records), issued by the department for purposes of electronic
				  commerce.
(4) Digital signature--An
				  electronic identifier assigned in a digital certificate and intended by the
				  person using it to have the same force and effect as the use of a manual
				  signature for signing an electronic document.
(5) Division director--The chief
				  administrative officer of a division or office of the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter A - GENERAL PROVISIONS › Section 2.1 - Purpose of Rules

Current through Reg. 49, No. 28; July 12, 2024
This chapter implements Transportation Code, §§
										91.033,
					 91.034,
					 201.6035,
					 201.604,
					 201.606,
					 201.607,
					 201.610,
					 201.611,
					 201.617,
					 201.751 -
					 201.761,
					 201.762(b), 203.022, 203.052 and 222.006.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter A - GENERAL PROVISIONS › Section 2.2 - Environmental Policy

Current through Reg. 49, No. 28; July 12, 2024
The Texas Transportation Commission (commission) and the
					 Texas Department of Transportation (department) will integrate environmental
					 considerations into department activities to achieve compliance with applicable
					 laws, regulations and standards. The department will focus on delivering safe,
					 efficient transportation projects and making sound decisions based on a
					 balanced consideration of transportation needs and of social, economic and
					 environmental impacts of proposed transportation
					 improvements.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter A - GENERAL PROVISIONS › Section 2.3 - Applicability; Exceptions

Current through Reg. 49, No. 28; July 12, 2024
(a) Application of
				  chapter. This chapter prescribes the environmental review and public
				  participation requirements for:
(1) an FHWA
				  transportation project; or
(2) any
				  portion of a state transportation project that will take place on the state
				  highway system or other real property owned by the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter A - GENERAL PROVISIONS › Section 2.4 - Other Applicable Laws

Current through Reg. 49, No. 28; July 12, 2024
For a transportation project, in addition to the
					 requirements in this chapter, the project sponsor will ensure compliance with
					 all other applicable local, state, and federal laws, including FHWA's
					 rules.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter A - GENERAL PROVISIONS › Section 2.6 - FHWA Transportation Projects

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicable requirements. For an FHWA transportation project, the department
				  delegate and project sponsor will comply with FHWA's rules concerning the
				  environmental review of the project, as appropriate, in addition to the
				  requirements of this chapter. To the extent there is a conflict between FHWA's
				  rules and the requirements of this chapter, FHWA's rules will control. Project
				  sponsors should consider FHWA's rule requirements at the outset of the
				  environmental review process if there is any possibility that FHWA approval of
				  the project will later be required.
(b) Issuance of approval; delegation of
				  authority.
(1) For an FHWA transportation
				  project, the entity with the authority to issue final approval of an
				  environmental review document, or make a final determination that a project
				  qualifies as a categorically excluded project is FHWA.
(2) Notwithstanding paragraph (1) of this
				  subsection, the department delegate may, if provided by a programmatic
				  agreement or memorandum of understanding with FHWA, exercise approval authority
				  in accordance with the terms of the agreement.
(3) If the department assumes any of FHWA's
				  responsibilities under a memorandum of understanding, references to FHWA in
				  this chapter shall mean the department delegate for those responsibilities
				  assumed by the department as described in the memorandum of
				  understanding.
(4) If the
				  department has a programmatic agreement or memorandum of understanding with
				  FHWA applicable to a project, the project sponsor and department delegate will
				  comply with the terms of the agreement. If federal law, including FHWA's rules,
				  or an agreement with FHWA conflicts with this chapter, the federal law or
				  agreement provision controls to the extent of the conflict.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter A - GENERAL PROVISIONS › Section 2.7 - Project Sponsor

Current through Reg. 49, No. 28; July 12, 2024
(a) Project sponsor
				  required. Each transportation project must have a project sponsor that accepts
				  responsibility for preparing the environmental review document or documentation
				  of categorical exclusion, and performing related tasks.
(b) Project sponsor for projects developed by
				  the department.
(1) For transportation
				  projects developed by the department, the project sponsor will be the
				  department district or division that is developing the project.
(2) A district or division, at its
				  discretion, may allow a public entity that does not qualify as a project
				  sponsor under subsection (c) of this section, a public entity that qualifies as
				  a project sponsor under subsection (c) of this section but does not wish to be
				  the official project sponsor, or a private entity to develop an environmental
				  review document or documentation of categorical exclusion for the district's or
				  division's use, but neither a public entity that does not qualify under
				  subsection (c) of this section nor a private entity may be a project
				  sponsor.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter A - GENERAL PROVISIONS › Section 2.8 - Department Delegate

Current through Reg. 49, No. 28; July 12, 2024
(a) Designation of
				  department delegate. For each class of transportation project under Subchapter
				  D of this chapter (relating to Requirements for Classes of Projects), the
				  department's executive director will designate the department district
				  division, or other operational unit of the department that has the authority to
				  review and approve on the department's behalf work conducted under this
				  chapter, including an environmental review document. The executive director may
				  designate exceptions to any delegation made under this section for specific
				  projects or types of projects.
(b)
				  Dual roles permitted. The department's executive director may designate a
				  district or division as both the project sponsor and the department delegate
				  for a project. If a district or division has both of those roles and this
				  chapter requires the project sponsor to submit a document to the department
				  delegate, the district or division will place documentation in the project file
				  showing completion of the task by the date specified.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter A - GENERAL PROVISIONS › Section 2.9 - Emergency Action Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Any request for
				  deviations from the procedures in this chapter because of emergency
				  circumstances will be handled on a case by case basis by the department
				  delegate. Emergency circumstances include natural disasters, such as floods,
				  hurricanes, tidal waves, earthquakes, severe storms, landslides, or
				  catastrophic failures from any cause.
(b) All applicable state and federal
				  emergency environmental permitting and approval processes will be
				  followed.
(c) The work will be
				  limited to actions that are directly related to public health and safety and
				  that are necessary to minimize loss of public infrastructure.
(d) The project file must contain copies of
				  all coordination and approvals obtained.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter A - GENERAL PROVISIONS › Section 2.10 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
In computing a period of days for the purposes of this
					 chapter, unless otherwise provided by statute, the period begins on the day
					 after the act, event, or default in question and ends at the end of the last
					 day of that designated period, unless that day is a Saturday, Sunday, or legal
					 holiday on which the office of the executive director is closed, in which event
					 the period ends at the end of the next day that is not a Saturday, Sunday, or
					 legal holiday. All time periods and deadlines are expressed in calendar days,
					 unless expressly provided otherwise.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter A - GENERAL PROVISIONS › Section 2.11 - Employee Certification Process

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Certification required. A person who is employed by a department district and
				  holds the job title of environmental specialist must successfully complete a
				  certification process under this section.
(b) Timing. A person must successfully
				  complete the certification process within one year after the date that the
				  person begins employment in a district.
(c) Recertification. To maintain
				  certification under this section, a person must document that the person has
				  attended a minimum number of hours of continuing education related to the
				  preparation and review of environmental reports, environmental review
				  documents, and documentation of categorical exclusions during the previous two
				  years. The Environmental Affairs Division will set the minimum number of hours
				  of continuing education required to be completed in each two-year
				  period.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter A - GENERAL PROVISIONS › Section 2.13 - Mitigation

Current through Reg. 49, No. 28; July 12, 2024
(a) The project sponsor will seek to avoid
				  and minimize adverse environmental impacts.
(b) If adverse environmental impacts cannot
				  be avoided, and efforts to minimize those impacts have been exhausted, the
				  project sponsor may, in consultation with the department delegate and
				  appropriate agency or agencies, propose compensatory mitigation, in accordance
				  with this section, that will be included in an environmental review document.
				  Compensatory mitigation may rectify impacts by repairing, rehabilitating, or
				  restoring the affected environment, or by replacing or providing for substitute
				  resources or environments.
(c) For
				  a transportation project developed by the department, the project sponsor may
				  propose as compensatory mitigation any of the actions described by this
				  subsection.
(1) Under Transportation Code,
				  §
											201.606,
				  if the department acquires for a transportation project property that is
				  habitat of one or more species listed as endangered under the Endangered
				  Species Act (16
				  U.S.C. §1531 et seq.) and the property
				  is within the boundaries of a regional habitat conservation plan, the
				  department may participate in the regional habitat conservation plan.
(2) If the comptroller has designated the
				  department to undertake functions under Government Code, Chapter 403,
				  Subchapter Q (relating to Support for Habitat Protection Measures), the
				  department may develop or coordinate the development of a habitat conservation
				  plan or candidate conservation plan in accordance with that subchapter, or
				  undertake any other actions authorized under that subchapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter A - GENERAL PROVISIONS › Section 2.14 - Project File

Current through Reg. 49, No. 28; July 12, 2024
The project sponsor will, as directed by the department
					 delegate, maintain the documentation showing work completed under this chapter
					 in a project file. If the project sponsor is a local government, prior to
					 approval of the environmental review document or documentation of categorical
					 exclusion, the local government will forward the project file to the department
					 as directed by the department delegate.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter C - ENVIRONMENTAL REVIEW PROCESS FOR HIGHWAY PROJECTS › Section 2.41 - Applicability and Voluntary Opt-In

Current through Reg. 49, No. 28; July 12, 2024
(a) This
				  subchapter applies in its entirety to all highway projects for which an
				  environmental review document or documentation of categorical exclusion for the
				  project has not been provided, in whole or in part, to the department delegate
				  as of April 16, 2012.
(b) For
				  highway projects for which an environmental review document or documentation of
				  categorical exclusion has been provided, in whole or in part, to the department
				  delegate as of April 16, 2012, this subchapter applies only if the project
				  sponsor notifies the department delegate in writing that it elects to have the
				  project processed under this subchapter, in which case the subchapter applies
				  in its entirety.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter C - ENVIRONMENTAL REVIEW PROCESS FOR HIGHWAY PROJECTS › Section 2.42 - Environmental Review Limited to Certain Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) The project sponsor may prepare an
				  environmental review document or documentation of categorical exclusion for a
				  highway project only if the highway project is:
(1) identified in the financially constrained
				  portion of:
(A) the approved state
				  transportation improvement program; or
(B) the approved unified transportation
				  program; or
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter C - ENVIRONMENTAL REVIEW PROCESS FOR HIGHWAY PROJECTS › Section 2.43 - Project Sponsor Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
Unless the project sponsor and department delegate agree in
					 the project scope to alternative roles and responsibilities in accordance with
					 §
										2.44(d)
					 of this subchapter (relating to Project Scope), the project sponsor for a
					 highway project is responsible for:
(1) preparing the project scope, in
				  collaboration with the department delegate, in accordance with §
										2.44 of
				  this subchapter;
(2) preparing any
				  environmental reports identified in the project scope that support an
				  environmental review document or documentation of categorical exclusion, and
				  performing all related studies and surveys identified in the project
				  scope;
(3) preparing the
				  environmental review document or documentation of categorical exclusion in
				  accordance with Subchapter D of this chapter (relating to Requirements for
				  Classes of Projects);
(4) preparing
				  all materials for and obtaining or implementing all required permits and
				  commitments;
(5) preparing
				  necessary materials for any required coordination and, if both the department
				  and the entity with whom coordination is being conducted agree, conducting the
				  coordination;
(6) preparing all
				  materials for and conducting all required and appropriate public participation
				  in accordance with Subchapter E of this chapter (relating to Public
				  Participation); and
(7) arranging,
				  paying for, and performing all mitigation of project impacts undertaken in
				  accordance with §
										2.13 of
				  this chapter (relating to Mitigation).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter C - ENVIRONMENTAL REVIEW PROCESS FOR HIGHWAY PROJECTS › Section 2.45 - Optional Early Submittal of Environmental Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) Submittal. The project sponsor may submit
				  to the department delegate any environmental reports as they are developed in
				  the course of preparing an environmental review document.
(b) Review. The department delegate will
				  review an environmental report submitted under this section and inform the
				  project sponsor in writing of any deficiencies, flaws, or omissions within 60
				  days of receipt of the environmental report. The project sponsor and department
				  delegate may agree to extend this deadline.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter C - ENVIRONMENTAL REVIEW PROCESS FOR HIGHWAY PROJECTS › Section 2.46 - Optional Payment of Fee by Local Government

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability. This section applies to a local government that proposes to be
				  designated the project sponsor for a highway project and also proposes to pay
				  to the department a fee to cover the cost to review an environmental review
				  document or documentation of categorical exclusion.
(b) Effect of payment. Payment of a fee under
				  this section allows a project sponsor that is a local government to prepare,
				  and the department to review, an environmental review document or documentation
				  of categorical exclusion for a highway project that does not meet the
				  requirements of §
										2.42(a)
				  of this subchapter (relating to Environmental Review Limited to Certain
				  Projects). The department may not defer under §
										2.51 of this
				  subchapter (relating to Deferral of Review) its review of an environmental
				  review document or documentation of categorical exclusion for which a local
				  government has paid a fee under this section.
(c) Determination of fee. The amount of the
				  fee will be determined in accordance with this subsection.
(1) The local government will indicate on its
				  proposed project scope submitted to the department delegate under §
											2.44 of
				  this subchapter (relating to Project Scope) whether it is requesting
				  calculation of an optional fee.
(2)
				  If calculation of the fee is requested by a local government, the department
				  delegate will determine the fee for the review of the environmental review
				  document or documentation of categorical exclusion based on the department's
				  estimate of the actual cost of reviewing the document.
(3) The department delegate will provide the
				  local government with written notice of the calculated fee not later than the
				  date the department delegate provides its proposed project scope.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter C - ENVIRONMENTAL REVIEW PROCESS FOR HIGHWAY PROJECTS › Section 2.47 - Approval of Local Government as Project Sponsor

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Notice of Intent.
(1) For a local government
				  that does not pay an optional fee under §
											2.46
				  of this subchapter (relating to Optional Payment of Fee by Local Government),
				  its provision of a proposed project scope to the department delegate will serve
				  as the local government's notice that it intends to be the project sponsor
				  under Transportation Code, §
											201.755.
(2) For a local government that pays an
				  optional fee under §
											2.46
				  of this subchapter, its payment of the fee serves as the local government's
				  notice that it intends to be a project sponsor under Transportation Code,
				  §
											201.755.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter C - ENVIRONMENTAL REVIEW PROCESS FOR HIGHWAY PROJECTS › Section 2.48 - Administrative Completeness Review

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Administrative completeness required. All draft EAs, FEISs, documented
				  reevaluations, and CEs for which a narrative document, rather than a checklist,
				  is prepared must be determined to be administratively complete by the
				  department delegate before it begins a technical review. After a document is
				  declared to be administratively complete, no further administrative
				  completeness review is required for future revised, amended, or final versions
				  of that document.
(b) Initiation of
				  review. To initiate administrative completeness review of an environmental
				  review document, the project sponsor will submit the document to the department
				  delegate with a written statement that the document is administratively
				  complete, ready for technical review, and compliant with all applicable
				  requirements.
(c) Project sponsor's
				  deadline to submit certain types of documents.
(1) Applicability. This subsection applies to
				  EAs, and FEISs, but does not apply if the project sponsor is a local government
				  that has paid a fee under §
											2.46
				  of this subchapter (relating to Optional Payment of Fee by Local
				  Government).
(2) Deadline. The
				  project sponsor will submit to the department delegate for administrative
				  completeness review any environmental review document subject to this
				  subsection at least two years before the date planned for publishing notice to
				  let the construction contract for the project, as indicated in whichever of the
				  following documents was most recently approved:
(A) the financially constrained portion of:
(i) the approved state transportation
				  improvement program; or
(ii) the
				  approved unified transportation program; or
(B) a commission order identifying the
				  project as being eligible for environmental review.
(3) Date planned for publishing letting
				  notice. If the date planned for publishing letting notice described in
				  paragraph (2) of this subsection is identified in the applicable document only
				  by the fiscal year, for the purposes of this subsection the date is September 1
				  of the previous year. If it is identified only by the calendar year, for the
				  purposes of this subsection the date is January 1 of that year. If it is
				  identified only by month and year, for the purposes of this section it is the
				  first day of that month.
(4) No
				  waiting period for letting contract. This subsection does not require that the
				  project sponsor wait any amount of time after the department delegate renders
				  an environmental decision under §
											2.49
				  of this subchapter (relating to Technical Review) before letting the
				  construction contract for the project.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter C - ENVIRONMENTAL REVIEW PROCESS FOR HIGHWAY PROJECTS › Section 2.49 - Technical Review

Current through Reg. 49, No. 28; July 12, 2024
(a) Environmental
				  issues checklist. For categorically excluded projects for which an
				  environmental issues checklist is prepared, the department delegate will begin
				  a technical review of the documentation of categorical exclusion when it is
				  received from the project sponsor, or in the case of an electronic checklist,
				  when the project sponsor indicates that the checklist is ready for review. The
				  project sponsor shall ensure that all tasks and coordination required prior to
				  making the environmental decision are complete when the documentation or
				  electronic checklist is submitted for technical review.
(b) Environmental review document. The
				  department delegate will begin a technical review of a draft EA, FEIS,
				  documented reevaluation, or a CE for which a narrative document, rather than a
				  checklist, is prepared when the department delegate determines that it is
				  administratively complete under §
										2.48
				  of this subchapter (relating to Administrative Completeness Review). The
				  department delegate will begin a technical review of a DEIS when it is received
				  from the project sponsor.
(c)
				  Purpose. The purpose of a technical review is for the department delegate to
				  confirm that:
(1) for a categorically
				  excluded project for which an environmental issues checklist is prepared, the
				  documentation provided by the project sponsor shows that the project qualifies
				  as a categorically excluded project, as applicable; or
(2) for all other projects, the environmental
				  review document prepared by the project sponsor is:
(A) an evaluation of all required subject
				  areas;
(B) written in a
				  professional and understandable manner;
(C) based on sound reasoning and accepted
				  scientific and engineering principles; and
(D) compliant with all applicable regulatory
				  requirements including the requirements of Subchapter D of this chapter
				  (relating to Requirements for Classes of Projects).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter C - ENVIRONMENTAL REVIEW PROCESS FOR HIGHWAY PROJECTS › Section 2.50 - Deadlines for Completing Certain Types of Technical Reviews; Suspension of Review Deadlines

Current through Reg. 49, No. 28; July 12, 2024
(a) Deadlines. This
				  subsection sets out the deadlines that apply to the department delegate's
				  technical review.
(1) CEs. For a highway
				  project classified as a CE, the department delegate will render an
				  environmental decision not later than the 90th day after it receives the
				  environmental issues checklist, or, for CEs for which an environmental review
				  document is prepared, not later than the 90th day after it determines that the
				  environmental review document is administratively complete under §
											2.48
				  of this subchapter (relating to Administrative Completeness Review). For
				  purposes of this paragraph, the department delegate renders an environmental
				  decision by:
(A) approving documentation
				  showing the project meets applicable CE criteria under §
												2.81 of
				  this chapter (relating to Categorical Exclusions) or declining in writing to do
				  so; or
(B) for an FHWA
				  transportation project, by forwarding such documentation to FHWA with an
				  appropriate recommendation.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter C - ENVIRONMENTAL REVIEW PROCESS FOR HIGHWAY PROJECTS › Section 2.51 - Deferral of Review

Current through Reg. 49, No. 28; July 12, 2024
(a) Deferral. Not
				  later than 20 days after the date that the project sponsor submits an EA or
				  FEIS, the department delegate may defer undertaking administrative completeness
				  review and technical review of the document if the department delegate, in its
				  sole discretion, determines that it lacks resources to timely review and
				  process all environmental review documents and documentation of categorical
				  exclusion that have been, or are expected to be submitted for review. On
				  deferral, the review deadlines set forth in §
										2.48
				  of this subchapter (relating to Administrative Completeness Review) and §
										2.50
				  of this subchapter (relating to Deadlines for Completing Certain Types of
				  Technical Reviews; Suspension of Review Deadlines) do not apply.
(b) Projects eligible for deferral. The only
				  types of environmental review documents that are subject to possible deferral
				  under this section are EAs and FEISs. However, the department delegate may not
				  defer review of an EA or FEIS for any project for which a local government
				  sponsor has paid a fee under §
										2.46
				  of this subchapter (relating to Optional Payment of Fee by Local
				  Government).
(c) Notice to project
				  sponsor. The department delegate will provide written notice to the project
				  sponsor of any determination to defer review of a document under this
				  section.
(d) Deadline for review of
				  deferred projects. The department delegate will render an environmental
				  decision on a project for which review of the environmental review document is
				  deferred under this section not later than one year before the date that is
				  planned for publishing notice to let the construction contract for the project,
				  as indicated in whichever of the following documents was most recently
				  approved:
(1) the financially constrained
				  portion of the approved:
(A) state
				  transportation improvement program; or
(B) unified transportation program;
				  or