Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter E - TRANSPORTATION ENHANCEMENT PROGRAM › Section 11.201 - 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) Candidate
				  project--A project recommended by a nominating entity for inclusion in the
				  Transportation Enhancement Program.
(2) Commission--Texas Transportation
				  Commission.
(3) Department--Texas
				  Department of Transportation.
(4)
				  District office--A headquarters office for one of the department's geographical
				  districts into which the state is divided.
(5) Executive director--The executive
				  director of the Texas Department of Transportation or his or her designee not
				  below the level of assistant executive director.
(6) Federal funds--Financial assistance
				  provided by the Federal Highway Administration for project
				  development.
(7) FHWA--Federal
				  Highway Administration.
(8)
				  Jurisdiction--For a city, the area within the incorporated city limits,
				  including a city's extraterritorial jurisdiction. For a county, any area within
				  the boundaries of the county, excluding incorporated areas. For a state agency,
				  any area within which its prescribed authority may be exercised.
(9) Local agreement--An agreement between the
				  nominating entity and the department which includes a commitment for the
				  required local funding, describes the total scope and course of project
				  activities, and outlines the responsibilities and duties of the
				  participants.
(10) Metropolitan
				  planning organization (MPO)--The organization or policy board of an
				  organization created and designated under Title 23, Unites Stated Code,
				  §134 and Title 49, United States Code, §5303, as amended, to make
				  transportation planning decisions for the metropolitan planning area and carry
				  out the metropolitan planning process.
(11) Nominating entity--The state agency or
				  political subdivision eligible to receive funds from FHWA that nominates a
				  particular candidate project for consideration, exercises jurisdiction over the
				  geographic area in which that project is located, and commits to the project's
				  development, implementation, construction, maintenance, management, and
				  financing.
(12) Operational
				  income--Net income received by the owner of a facility constructed or enhanced
				  using funds received through the Transportation Enhancement Program after
				  deducting the costs incident to the generation of that income. The term
				  includes, but is not limited to, income from fees for services performed, use
				  or rental of real or personal property, or sale of commodities. Taxes, license
				  fees, fines, royalties, and other such revenues received by the facility owner
				  or paid within the facility are not considered income.
(13) Project--An undertaking to implement or
				  construct a particular transportation enhancement at a specific location or
				  locations, or, if the context so implies, the particular enhancement so
				  implemented or constructed.
(14)
				  Project area--The location in which project activities will take
				  place.
(15) Public authority--A
				  state agency, city, or county.
(16)
				  Selected project--A project which the commission or both the commission and a
				  metropolitan planning organization have elected to include in the
				  Transportation Enhancement Program.
(17) State--The State of Texas or any of its
				  political subdivisions.
(18)
				  Statewide Transportation Improvement Program (STIP)--A four-year short-range
				  program developed by the department as a compilation of all metropolitan
				  transportation improvement programs, together with rural transportation
				  improvement programs, that include recommendations from rural planning
				  organizations and department districts for the areas of the state that are
				  outside of the boundaries of a metropolitan planning organization, including
				  transportation between cities.
(19)
				  Surface transportation system--An interconnected transportation network for
				  moving people and goods using various combinations of transportation
				  modes.
(20)
				  Transportation--Pertaining to the movement of people between their places of
				  residence, employment, commerce, education, recreation, and entertainment; or
				  of goods between places of manufacture, storage, sale, maintenance, repair,
				  salvage, and disposition.
(21)
				  Transportation Improvement Program (TIP)--A short-range program developed by
				  each metropolitan planning organization in cooperation with the department and
				  public transportation operators that covers a four-year period and contains a
				  prioritized listing of all projects proposed for federal funding and regionally
				  significant projects proposed for state, federal, and local funding in a
				  metropolitan area.
(22)
				  Transportation enhancement activities--Those activities so defined in Title 23,
				  United States Code, §101(a), if such activities relate to the surface
				  transportation system.
(23)
				  Transportation management area--An urbanized area with a population over
				  200,000 as defined by the U.S. Bureau of Census and designated by the U.S.
				  Secretary of Transportation, or any additional area where transportation
				  management area designation is requested by the governor and the metropolitan
				  planning organization and designated by the U.S. Secretary of
				  Transportation.