reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 25 - TRAFFIC OPERATIONS › Subchapter M - TRAFFIC SAFETY PROGRAM › Section 25.907 - Types of Projects Eligible

Current through Reg. 49, No. 28; July 12, 2024
A grant agreement or contract may be executed to provide
					 funding assistance for projects which meet eligibility requirements for one or
					 more of the following areas:
(1)
				  alcohol/drug countermeasures projects which support anti-driving while
				  intoxicated and/or anti-driving under the influence of drug
				  activities;
(2) police traffic
				  services projects which provide for improved enforcement and related
				  activities;
(3) occupant protection
				  projects which provide for increasing the correct and legal use of occupant
				  protection devices;
(4) traffic
				  records projects which improve statewide traffic records systems;
(5) emergency medical services projects which
				  provide training to technicians who administer aid to traffic crash victims, or
				  which otherwise improve the emergency medical service system;
(6) motorcycle safety projects which provide
				  for increasing the safety of motorcycle riders and passengers;
(7) safety and traffic engineering projects
				  which provide improved roadway safety through engineering-related
				  activities;
(8) school bus safety
				  projects that provide training for school bus drivers and pupil transportation
				  administrators;
(9) pedestrian and
				  bicycle safety projects that focus on community school zones and public
				  information and education materials;
(10) community programs that combine
				  multi-issue traffic safety efforts within the geographic and political confines
				  of communities and college or university campuses; and
(11) other projects approved by the
				  commission and included in the approved Texas highway safety plan which may be
				  implemented to eliminate or reduce the severity of certain defined traffic
				  safety problems.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 25 - TRAFFIC OPERATIONS › Subchapter M - TRAFFIC SAFETY PROGRAM › Section 25.908 - Activities and Other Items Not Eligible

Current through Reg. 49, No. 28; July 12, 2024
Program funds may not be expended for:
(1) the purchase of radios, vehicles,
				  emergency equipment, or any other hardware items, except when the department
				  determines the purchase to be essential to the proper accomplishment of a
				  project meeting the other criteria specified;
(2) real property purchase, office
				  construction, rehabilitation or remodeling, or for office furnishings and
				  fixtures for state, local, or private buildings, or structures; or
(3) out-of-state travel unless authorized in
				  writing by the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 25 - TRAFFIC OPERATIONS › Subchapter M - TRAFFIC SAFETY PROGRAM › Section 25.909 - Basic Grant Agreement Requirements

Current through Reg. 49, No. 28; July 12, 2024
The department will furnish a standard grant agreement
					 format to prospective subgrantees whose proposals are selected for funding.
					 This document will include terms and conditions necessary to produce a sound
					 and complete grant agreement.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 25 - TRAFFIC OPERATIONS › Subchapter M - TRAFFIC SAFETY PROGRAM › Section 25.910 - General Acceptance Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
				  grant agreement submitted to the department for approval shall be reviewed for
				  compliance with the applicable provisions.
(b) Any grant agreement will be rejected if
				  the Texas highway safety plan cannot provide sufficient funds for the
				  particular type of project submitted.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 25 - TRAFFIC OPERATIONS › Subchapter M - TRAFFIC SAFETY PROGRAM › Section 25.911 - Federal Rules and Regulations

Current through Reg. 49, No. 28; July 12, 2024
(a) The NHTSA
				  and the FHWA are subject to the common rule, which is also applicable to the
				  program.
(b) The program is also
				  subject to the program regulations promulgated by the NHTSA and FHWA.
(c) Changes to federal rules and regulations
				  applicable to the program will be implemented and incorporated into the rules
				  governing the program.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 25 - TRAFFIC OPERATIONS › Subchapter M - TRAFFIC SAFETY PROGRAM › Section 25.912 - Financial Reports

Current through Reg. 49, No. 28; July 12, 2024
As required by the common rule, but at variance with the
					 Uniform Grant and Contract Management Standards, recipients of National Highway
					 Traffic Safety Administration (NHTSA) grants shall use NHTSA or state financial
					 reports.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 25 - TRAFFIC OPERATIONS › Subchapter M - TRAFFIC SAFETY PROGRAM › Section 25.913 - Project Monitoring

Current through Reg. 49, No. 28; July 12, 2024
The department will monitor and prepare reports on program
					 performance to assure compliance with state and federal regulations and to
					 assure that performance objectives are being met.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 25 - TRAFFIC OPERATIONS › Subchapter N - MEMORIAL SIGN PROGRAM FOR VICTIMS OF IMPAIRED DRIVING AND MOTORCYCLE CRASHES › Section 25.950 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Transportation Code, §
										201.909 and
					 §
										201.911,
					 require the department to establish and administer memorial sign programs to
					 publicly memorialize the victims of alcohol or controlled substance-related
					 vehicle crashes, which is referred to in this subchapter as the Memorial Sign
					 Program for Victims of Impaired Driving, and persons killed while riding or
					 operating a motorcycle, which is referred to in this subchapter as the Memorial
					 Sign Program for Victims of Motorcycle Crashes.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 25 - TRAFFIC OPERATIONS › Subchapter N - MEMORIAL SIGN PROGRAM FOR VICTIMS OF IMPAIRED DRIVING AND MOTORCYCLE CRASHES › Section 25.951 - 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) Applicant--A
				  person requesting a sign under the Memorial Sign Program for Victims of
				  Impaired Driving or the Memorial Sign Program for Victims of Motorcycle Crashes
				  in accordance with this subchapter.
(2) Department--The Texas Department of
				  Transportation.
(3) Impaired--Under
				  the influence of alcohol or a controlled substance while operating a
				  vehicle.
(4) State highway
				  system--The system of highways in the state included in a comprehensive plan
				  approved by the Texas Transportation Commission, in accordance with
				  Transportation Code, §
										201.103.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 25 - TRAFFIC OPERATIONS › Subchapter N - MEMORIAL SIGN PROGRAM FOR VICTIMS OF IMPAIRED DRIVING AND MOTORCYCLE CRASHES › Section 25.952 - Application

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may request the construction and
				  installation of a sign memorializing one or more victims of an alcohol or
				  controlled substance-related vehicle crash, or a motorcycle crash by following
				  the procedures set out in this subchapter.
(b) The applicant must submit on a form
				  provided by the department an application that contains the following
				  information:
(1) the name of each victim for
				  whom the sign is requested;
(2) the
				  location of the crash;
(3) the date
				  of the crash;
(4) the name and
				  contact information of the applicant; and
(5) the name of one of the vehicle operators
				  involved in the crash.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 25 - TRAFFIC OPERATIONS › Subchapter N - MEMORIAL SIGN PROGRAM FOR VICTIMS OF IMPAIRED DRIVING AND MOTORCYCLE CRASHES › Section 25.953 - Determination of Program Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  officer's accident report for the crash will be used by the department to
				  determine eligibility for a memorial sign.
(b) If the application is for a memorial sign
				  for a victim of an alcohol or controlled substance related vehicle crash and
				  the officer's accident report does not indicate that the driver of one of the
				  vehicles was impaired or that the use of alcohol or a controlled substance was
				  a factor or condition of the accident, the department will review other
				  governmental records provided by the applicant to determine eligibility for the
				  sign.
(c) To be eligible for a
				  memorial sign for a victim of a motorcycle crash, the officer's accident report
				  must indicate that the victim was operating or riding on a
				  motorcycle.
(d) To be eligible for
				  a sign the officer's accident report must indicate that the crash occurred on
				  the state highway system.
(e) A
				  person is not eligible for a memorial sign for the victim of an alcohol or
				  controlled substance related vehicle crash if the victim was operating a
				  vehicle involved in the crash and the officer's accident report or another
				  submitted governmental document shows that the victim was impaired at the time
				  of the crash.
(f) A victim may be
				  memorialized by only one sign, excluding a replacement sign, installed under
				  this subchapter. The department will deny an application for a victim that is
				  submitted after an application for the same victim has been approved.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 25 - TRAFFIC OPERATIONS › Subchapter N - MEMORIAL SIGN PROGRAM FOR VICTIMS OF IMPAIRED DRIVING AND MOTORCYCLE CRASHES › Section 25.954 - Fee

Current through Reg. 49, No. 28; July 12, 2024
(a) A fee for a memorial sign installed under
				  this subchapter is $350.
(b) Upon
				  approval of the application, the applicant must remit the fee to the department
				  before construction of the sign may begin.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 25 - TRAFFIC OPERATIONS › Subchapter N - MEMORIAL SIGN PROGRAM FOR VICTIMS OF IMPAIRED DRIVING AND MOTORCYCLE CRASHES › Section 25.955 - Sign Description

Current through Reg. 49, No. 28; July 12, 2024
(a) A sign will
				  have a blue background with a white legend and:
(1) the memorial sign for a victim of an
				  impaired driver shall include the following elements:
(A) the phrase "Please Don't Drink and
				  Drive";
(B) the phrase "In Memory
				  of";
(C) one line of text denoting
				  the name of the victim, victims, or the phrase "The (family name) Family";
				  and
(D) the date of the crash;
				  or
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 25 - TRAFFIC OPERATIONS › Subchapter N - MEMORIAL SIGN PROGRAM FOR VICTIMS OF IMPAIRED DRIVING AND MOTORCYCLE CRASHES › Section 25.956 - Sign Installation and Replacement

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  A sign may be installed under this subchapter only on state highway system
				  right-of-way.
(b) The department
				  will install the sign as near the crash location as practical. In determining
				  the sign location, the department will consider:
(1) the safety of the traveling public;
				  and
(2) available space on state
				  right-of-way for the sign.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 25 - TRAFFIC OPERATIONS › Subchapter N - MEMORIAL SIGN PROGRAM FOR VICTIMS OF IMPAIRED DRIVING AND MOTORCYCLE CRASHES › Section 25.957 - Sign Removal

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  will remove a sign installed under the Memorial Sign Program for Victims of
				  Impaired Driving or its replacement on the second anniversary of the date that
				  the original sign was installed.
(b) The department will remove a sign
				  installed under the Memorial Sign Program for Victims of Motorcycle Crashes or
				  its replacement on the first anniversary of the date that the original sign was
				  installed.
(c) The department will
				  notify the applicant after the sign has been removed. The notice will provide
				  information on how the applicant may take possession of the sign. If the
				  applicant fails to take possession of the sign within 30 days after the date on
				  which notice is given under this subsection, the department will destroy the
				  sign.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 25 - TRAFFIC OPERATIONS › Subchapter O - CRASH RECORDS INFORMATION SYSTEM › Section 25.971 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Transportation Code, Chapter 550 provides that the Texas
					 Department of Transportation shall be the official repository for all operator
					 and officer motor vehicle accident reports and all reports of medical examiners
					 and justices of the peace prepared to record a motor vehicle accident fatality.
					 This subchapter sets out additional information necessary for collecting
					 reports of medical examiners and justices of the peace and amending accident
					 reports.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 25 - TRAFFIC OPERATIONS › Subchapter O - CRASH RECORDS INFORMATION SYSTEM › Section 25.972 - 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) Medical examiner--The medical examiner
				  appointed by a county commissioners court to determine the cause of all
				  non-natural deaths or the justice of the peace if the county has not appointed
				  a medical examiner.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 25 - TRAFFIC OPERATIONS › Subchapter O - CRASH RECORDS INFORMATION SYSTEM › Section 25.973 - Medical Examiner's Report

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  medical examiner shall submit to the department on a form prescribed by the
				  department a report detailing the death of a person resulting from a traffic
				  accident within the medical examiner's jurisdiction.
(b) The medical examiner's report must
				  include:
(1) the name of the
				  deceased;
(2) the date of the
				  accident;
(3) the county in which
				  the accident occurred;
(4) whether
				  the deceased was a:
(A) vehicle
				  operator;
(B) vehicle passenger;
				  or
(C) pedestrian or other person
				  who was not an occupant in a vehicle;
(5) if the fatality was the result of a
				  bridge collapse as defined in Transportation Code, §
											550.081(2);
(6) the location of the bridge if the
				  fatality was the result of a bridge collapse; and
(7) except as provided by subsection (c) of
				  this section, the results of any toxicological testing conducted on the
				  deceased and the name of the laboratory, medical examiner's office, or other
				  facility that conducted the testing.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 25 - TRAFFIC OPERATIONS › Subchapter O - CRASH RECORDS INFORMATION SYSTEM › Section 25.974 - Officer Accident Report Modifications

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This section applies only to accident reports filed with the department under
				  Transportation Code, §
										550.061 or §
										550.062.
(b) The department may correct the location
				  of an accident in an accident report if the department determines that, using
				  the department's mapping system, the reported location is incorrect.
(c) The department will accept a change to an
				  accident report filed under Transportation Code, §
										550.062,
				  only from the law enforcement officer who prepared the report or an officer in
				  that officer's chain of command.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 25 - TRAFFIC OPERATIONS › Subchapter O - CRASH RECORDS INFORMATION SYSTEM › Section 25.975 - Crash Record Statistical Analysis

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  department will classify motor vehicle crashes by the standards established in
				  the following manuals available through the department web site at
				  www.txdot.gov:
(1) the Manual on
				  Classification of Motor Vehicle and Traffic Accidents as adopted by the
				  American Standards Institute, Inc.; and
(2) the Minimum Model Uniform Crash Criteria
				  (MMUCC) Guideline.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 25 - TRAFFIC OPERATIONS › Subchapter O - CRASH RECORDS INFORMATION SYSTEM › Section 25.976 - Reporting by Involved Drivers

Current through Reg. 49, No. 28; July 12, 2024
(a) A driver
				  involved in a motor vehicle crash that is not investigated by law enforcement
				  is required to submit a driver's crash report within 10 days of the date of the
				  crash on a form prescribed by the department if the crash resulted in:
(1) injury to or the death of a person;
				  or
(2) $1000 or more of property
				  damage to the property of any one person.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 25 - TRAFFIC OPERATIONS › Subchapter O - CRASH RECORDS INFORMATION SYSTEM › Section 25.977 - Reporting by Investigating Officers

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  law enforcement officer who investigates a motor vehicle crash shall submit a
				  crash record report within 10 days of the accident on a form prescribed by the
				  department if the crash resulted in:
(1)
				  injury to or death of a person;
(2)
				  $1000 or more of property damage to the property of any one person.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter A - GENERAL PROVISIONS › Section 26.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Transportation Code, Chapter 370, provides that the Texas
					 Transportation Commission may authorize the creation of a regional mobility
					 authority for the purposes of constructing, maintaining, and operating
					 transportation projects in a region of the state. Chapter 370 further provides
					 for commission approval or regulation of certain actions and operations of a
					 regional mobility authority. This chapter prescribes the policies and
					 procedures governing commission regulation of regional mobility authorities as
					 provided by Chapter 370.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter A - GENERAL PROVISIONS › Section 26.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) AASHTO--The American
				  Association of State Highway and Transportation Officials.
(2) Board--The board of directors of a
				  regional mobility authority.
(3)
				  Commission--The Texas Transportation Commission.
(4) County--Includes the cities of El Paso,
				  Laredo, Brownsville, McAllen, and Port Aransas.
(5) Director--A director of a
				  board.
(6) Department--The Texas
				  Department of Transportation.
(7)
				  Environmental Permits, Issues, and Commitments (EPIC)--Any permit, issue,
				  coordination, commitment, or mitigation obtained to satisfy social, economic,
				  or environmental impacts of a transportation project, including, but not
				  limited to, sole source aquifer coordination, wetland permits, stormwater
				  permits, traffic noise abatement, threatened or endangered species
				  coordination, archeological permits, and any mitigation or other commitment
				  associated with any of those issues.
(8) Executive director--The executive
				  director of the department or the executive director's designee not below
				  district engineer, division director, or office director.
(9) Fiscal year--An accounting period of 12
				  months that is consistent, to the extent feasible, with the fiscal year of an
				  RMA's member counties.
(10)
				  Governmental entity--A municipality, county, the department, or other public
				  entity authorized to construct, maintain, and operate a transportation project
				  within the region of a regional mobility authority.
(11) Metropolitan planning organization--An
				  organization designated to carry out the transportation planning process in
				  prescribed urbanized areas as required by
				  23 U.S.C.
				  §134.
(12) Nonattainment area--An area designated
				  by the U.S. Environmental Protection Agency as not meeting the air quality
				  standards outlined in the Clean Air Act.
(13) Petitioner--The county or counties
				  petitioning for the creation of a regional mobility authority.
(14) Public utility facility--Means:
(A) a water, wastewater, natural gas, or
				  petroleum pipeline or associated equipment;
(B) an electric transmission or distribution
				  line or associated equipment; or
(C) telecommunications information services,
				  or cable television infrastructure or associated equipment, including fiber
				  optic cable, conduit, and wireless communications facilities.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter B - CREATION OF A REGIONAL MOBILITY AUTHORITY › Section 26.11 - Petition

Current through Reg. 49, No. 28; July 12, 2024
(a) One or more counties may petition the
				  commission for approval to create an RMA. The petition shall include:
(1) an adopted resolution from the
				  commissioners court of each county indicating its approval of the creation by
				  the county of an RMA;
(2) a
				  description of how the RMA would improve mobility in the region;
(3) a description of a potential candidate
				  transportation project or system of projects the RMA may undertake depending on
				  study outcomes, including:
(A) an explanation
				  of how the project or system of projects will be consistent with the
				  appropriate policies, strategies, and actions of the Texas Transportation Plan,
				  and, if appropriate, with the metropolitan transportation plan developed by the
				  metropolitan planning organization;
(B) a brief description of any known
				  environmental, social, economic, or cultural resource issues, such as impacts
				  on wetlands and other water resources, endangered species, parks,
				  neighborhoods, businesses, historic buildings or bridges, and archeological
				  sites;
(C) the name and address of
				  any individuals or organizations known to be opposed to any element of the
				  project or system of projects, and a description of any known controversies
				  concerning the project or system of projects; and
(D) a preliminary financing plan for the
				  project or system of projects, which shall include an estimate of the following
				  information, if available to the petitioner:
(i) total estimated cost, including planning,
				  design, right of way acquisition, environmental mitigation, and construction;
				  and
(ii) proposed financing,
				  specifying the source and use of the funds, including debt financing and
				  department contributions, identified as a loan or a grant;
(4) a commitment by the RMA to be
				  fully responsible for identifying all EPIC, obtaining all required
				  environmental permits, and other required environmental approvals;
(5) a brief description of any other
				  transportation projects the petitioner is currently considering to be developed
				  by the RMA; and
(6) the
				  representation criteria and the appointment process for board
				  members.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter B - CREATION OF A REGIONAL MOBILITY AUTHORITY › Section 26.12 - Public Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  department finds that the petition meets the requirements of §
										26.11 of this
				  subchapter, it will notify the petitioner of its findings and will conduct one
				  or more public hearings to receive public comment on the proposed
				  RMA.
(b) The department will hold
				  at least one hearing within at least one of the counties of the
				  petitioner.
(c) The department will
				  file a notice of each hearing with the Secretary of the State for publication
				  in the
Texas Register.
(d) The petitioner shall advertise each
				  hearing in accordance with an outreach plan developed in consultation with the
				  department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter B - CREATION OF A REGIONAL MOBILITY AUTHORITY › Section 26.13 - Approval

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission may authorize the
				  petitioner to create an RMA if it finds that:
(1) the creation of an RMA:
(A) has sufficient public support based upon:
(i) public comments received at public
				  hearings;
(ii) any resolutions of
				  support from affected political subdivisions; and
(iii) the expressed opinion, if any, of the
				  affected metropolitan planning organizations;
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter B - CREATION OF A REGIONAL MOBILITY AUTHORITY › Section 26.14 - Commission Action

Current through Reg. 49, No. 28; July 12, 2024
(a) Order. If
				  approved under §
										26.13 of this
				  subchapter, the commission will adopt a minute order authorizing the creation
				  of the RMA. The minute order will:
(1)
				  describe the potential candidate project or system of projects to be developed,
				  maintained, and operated by the RMA; and
(2) establish, consistent with Transportation
				  Code, §
											370.251, the
				  initial size of the board, which shall be composed of an odd number of
				  directors.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter B - CREATION OF A REGIONAL MOBILITY AUTHORITY › Section 26.15 - Creation

Current through Reg. 49, No. 28; July 12, 2024
(a) The petitioner shall create an RMA
				  authorized under §
										26.14 of this
				  subchapter by resolution of each county. Each resolution shall appoint
				  directors consistent with the provisions of §
										26.14(a)(2)
				  of this subchapter.
(b) Additional
				  directors. The petitioner shall provide for the appointment of any additional
				  members described in §
										26.11(a)(6)
				  of this subchapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter B - CREATION OF A REGIONAL MOBILITY AUTHORITY › Section 26.16 - Alternative Board Composition and Method of Appointment

Current through Reg. 49, No. 28; July 12, 2024
(a) If a petition under §
										26.11 of this
				  subchapter includes a county in which a regional tollway authority under
				  Transportation Code, Chapter 366 operates or a county owning or operating a
				  toll project under Transportation Code, Chapter 284, the petitioner may submit
				  to the commission an alternative board structure and method of
				  appointment.
(b) The commission may
				  approve a proposal submitted under subsection (a) of this section if:
(1) the proposal includes an adopted
				  resolution from the commissioners court of each county in the RMA indicating
				  its approval of the alternative board structure and method of appointment;
				  and
(2) the commission determines
				  that the alternative will provide for adequate representation of affected
				  political subdivisions.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter B - CREATION OF A REGIONAL MOBILITY AUTHORITY › Section 26.17 - Board Membership after Commission Approval

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  After the commission approves the composition and appointment method of the
				  board of an RMA under §
										26.13 or
				  §
										26.16
				  of this subchapter (relating to Approval and Alternate Board Composition and
				  Method of Appointment, respectively) and the RMA has been created and the
				  initial board members have been appointed, the representation criteria and
				  appointment process for the RMA's board members may be revised by the governing
				  body of each county that is a member of the RMA or the city that created the
				  RMA.
(b) A revision under
				  subsection (a) of this section is not subject to review or approval of the
				  commission.
(c) After the
				  appointment of the initial board members, an appointment to an RMA's board is
				  not subject to review or approval of the commission.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter C - REVISIONS TO REGIONAL MOBILITY AUTHORITY-ADDITIONS, WITHDRAWALS, AND DISSOLUTION › Section 26.21 - Addition of Counties

Current through Reg. 49, No. 28; July 12, 2024
(a) One or more
				  counties may request the commission for approval to become part of an existing
				  RMA. The commission may approve the request only if:
(1) the county has submitted a resolution
				  from its commissioners court indicating support for the request;
(2) the board of the RMA has agreed in
				  writing to the addition;
(3) each
				  county that is a member of the RMA has submitted an adopted resolution from its
				  commissioners court indicating support for the request;
(4) the commission finds that the addition
				  will benefit the mobility of the region; and
(5) the commission finds that affected
				  political subdivisions in the new county or counties will be adequately
				  represented on the board.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter C - REVISIONS TO REGIONAL MOBILITY AUTHORITY-ADDITIONS, WITHDRAWALS, AND DISSOLUTION › Section 26.22 - Withdrawal of Counties

Current through Reg. 49, No. 28; July 12, 2024
(a) One or more
				  counties may petition the commission for approval to withdraw from an RMA. The
				  commission may approve the petition only if the RMA has no bonded
				  indebtedness.
(b) If the RMA has
				  any debt other than bonded indebtedness, the petitioning county must obtain the
				  approval of the board of the RMA.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter C - REVISIONS TO REGIONAL MOBILITY AUTHORITY-ADDITIONS, WITHDRAWALS, AND DISSOLUTION › Section 26.23 - Dissolution of an RMA

Current through Reg. 49, No. 28; July 12, 2024
(a) Voluntary
				  dissolution. The board of an RMA may request the commission for approval to
				  dissolve. The commission may approve the request if:
(1) all debts, obligations, and liabilities
				  of the RMA have been paid and discharged or adequate provision has been made
				  for the payment of all debts, obligations, and liabilities;
(2) there are no suits pending against the
				  RMA, or adequate provision has been made for the satisfaction of any judgment,
				  order, or decree which may be entered against it in any pending suit;
				  and
(3) the RMA has commitments
				  from other governmental entities to assume jurisdiction of all RMA
				  transportation projects.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter D - APPROVAL OF A TRANSPORTATION PROJECT › Section 26.31 - Request

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance with Transportation Code,
				  §
										370.187, the RMA
				  must request commission approval of a transportation project that will connect
				  to the state highway system or to a department rail facility. The RMA must
				  obtain approval after completing the environmental review required by
				  Transportation Code, §
										370.188
				  and federal law and before construction of the project begins.
(b) To secure approval under this section,
				  the RMA shall submit:
(1) a report identifying
				  relocations or reconstruction to state highway system facilities or department
				  rail facilities anticipated in connection with the proposed project;
(2) a copy of any report, study, or analysis
				  prepared pursuant to the federal National Environmental Policy Act or
				  Transportation Code, §
											370.188;
				  and
(3) a commitment that the RMA
				  will comply with §
											26.33 of
				  this subchapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter D - APPROVAL OF A TRANSPORTATION PROJECT › Section 26.32 - Approval

Current through Reg. 49, No. 28; July 12, 2024
In deciding whether to grant approval under this
					 subchapter, the commission will consider whether the project may be effectively
					 integrated into the state's transportation system.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter D - APPROVAL OF A TRANSPORTATION PROJECT › Section 26.33 - Design and Construction

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
				  This section applies to an RMA transportation project that will connect to the
				  state highway system or a department rail facility.
(b) State or federal funds. RMA turnpike
				  projects that use federal or state funds provided by the department must also
				  comply with Chapter 27, Subchapter E of this title (relating to Financial
				  Assistance for Toll Facilities). If a requirement of Chapter 27, Subchapter E
				  conflicts with any provision of this section, the most stringent requirement,
				  as determined by the executive director, will apply.
(c) Responsibility. The RMA is fully
				  responsible for the design and construction of each project it undertakes,
				  including ensuring that all EPIC are addressed in project design and
				  construction.
(d) Design criteria
				  for highway facilities.
(1) State criteria.
				  All designs developed by or on behalf of the RMA shall comply with the latest
				  version of the department's manuals, including, but not limited to, the Roadway
				  Design Manual, Pavement Design Manual, Hydraulic Design Manual, the Texas
				  Manual on Uniform Traffic Control Devices, Bridge Design Manual, and the Texas
				  Accessibility Standards.
(2)
				  Alternative criteria. An RMA may request approval to use different accepted
				  criteria for a particular item of work. Alternative criteria may include, but
				  are not limited to, the latest version of the AASHTO Policy on Geometric Design
				  of Highways and Streets, the AASHTO Pavement Design Guide, and the AASHTO
				  Bridge Design Specifications. The use of alternative criteria is subject to the
				  approval of the Federal Highway Administration for those projects involving
				  federal funds. The executive director may approve the use of alternative
				  criteria if the alternative criteria are determined to be sufficient to protect
				  the safety of the traveling public and protect the integrity of the
				  transportation system.
(3)
				  Exceptions to design criteria. An RMA may deviate from the state or alternative
				  criteria for a particular design element on a case by case basis after
				  determining that the particular criteria could not reasonably be met due to
				  physical, environmental, or other relevant factors and that the proposed design
				  is a prudent engineering solution. Documentation of the exceptions shall be
				  retained by the RMA and furnished to the department in accordance with
				  subsection (h) of this section.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter D - APPROVAL OF A TRANSPORTATION PROJECT › Section 26.34 - Project Development Agreement

Current through Reg. 49, No. 28; July 12, 2024
The RMA and the department shall enter into an agreement
					 governing the development of a project under this subchapter. The agreement
					 shall, at a minimum, include:
(1) the
				  responsibilities of each party concerning the design and construction of the
				  project and EPIC;
(2) procedures
				  governing the submittal of information required by this subchapter;
(3) timelines governing approvals of the
				  executive director under this subchapter; and
(4) other terms or conditions mutually agreed
				  upon by the parties.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter D - APPROVAL OF A TRANSPORTATION PROJECT › Section 26.35 - RMA Project on State Highway System

Current through Reg. 49, No. 28; July 12, 2024
(a) An RMA
				  may request the commission to designate a highway project as a part of the
				  state highway system. The commission may approve the request if:
(1) the commission determines that the
				  project can be efficiently integrated into the state highway system;
(2) the RMA agrees to design, construct,
				  maintain, and operate the project in accordance with standards established by
				  the department, and to be subject to department reviews and approvals as deemed
				  necessary by the department; and
(3) the RMA agrees to be responsible for all
				  EPIC.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter E - TRANSFER OF TXDOT FERRY › Section 26.41 - Request

Current through Reg. 49, No. 28; July 12, 2024
(a) An RMA may request the commission to
				  transfer a department owned and operated ferry to an RMA.
(b) A request submitted under subsection (a)
				  of this section must be in writing and must include:
(1) an explanation of how the proposed
				  transfer is an integral part of the region's overall plan to improve mobility
				  in the region;
(2) an explanation
				  of how the request complies with §
											26.43(a)(3) and
				  (4) of this subchapter;
(3) copies of any completed studies
				  concerning the transfer;
(4) a
				  brief description of any known environmental, social, economic, or cultural
				  resource issues, such as impacts on wetlands and other water resources,
				  endangered species, parks, neighborhoods, businesses, historic buildings or
				  bridges, and archeological sites concerning the transfer; and
(5) the name and address of any individuals
				  or organizations known to be opposed to the transfer, and a description of any
				  known controversies concerning the transfer.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter E - TRANSFER OF TXDOT FERRY › Section 26.42 - Public Involvement

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  commission determines that the proposed transfer is an integral part of the
				  region's overall plan to improve mobility in the region, the department will:
(1) hold one or more public hearings in each
				  county in which the project is located for the purpose of seeking oral
				  comments;
(2) hold one or more
				  informal public meetings, which will be held, if practicable, in the project
				  area; and
(3) solicit written
				  comments.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter E - TRANSFER OF TXDOT FERRY › Section 26.43 - Approval

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission may, after considering
				  public input concerning the proposed transfer, approve a proposed transfer
				  under this subchapter if:
(1) the RMA agrees
				  to assume all liability and responsibility for the safe and effective
				  maintenance and operation of the ferry upon its transfer;
(2) the RMA agrees to assume all liability
				  and responsibility for compliance with all federal laws, regulations, and
				  policies applicable to the ferry;
(3) the commission determines that the
				  transfer is in the public interest;
(4) the RMA agrees to assume all liability
				  and responsibility for EPIC; and
(5) the RMA has adopted rules providing
				  criteria and guidelines for approval of the transfer of a ferry.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter E - TRANSFER OF TXDOT FERRY › Section 26.44 - Preliminary Approval

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  may grant preliminary approval of the transfer, with final approval conditioned
				  on the completion of preliminary studies necessary for the commission to make
				  findings required by §
										26.43 of this
				  subchapter. The preliminary studies may include, but are not limited to,
				  social, economic, and environmental studies and the preparation of traffic and
				  revenue forecasts.
(b) The
				  commission may require the RMA to pay for or complete all or a portion of the
				  preliminary studies.
(c) Upon
				  completion of the preliminary studies, the department will hold one or more
				  additional public hearings. The department will publish and post notice of a
				  hearing held under this subsection in accordance with
				  §26.42(b)-(d).
(d) The
				  commission may grant final approval of the transfer consistent with the
				  requirements of §
										26.43 of this
				  subchapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter E - TRANSFER OF TXDOT FERRY › Section 26.45 - Reimbursement

Current through Reg. 49, No. 28; July 12, 2024
(a) An authority shall reimburse the
				  commission for the cost of a transferred ferry unless the commission determines
				  that the transfer will result in a substantial net benefit to the state, the
				  department, and the traveling public that equals or exceeds the cost.
(b) In computing the cost of the ferry, the
				  commission will:
(1) include the total amount
				  spent by the department for the original construction of the ferry, including
				  the costs associated with the preliminary engineering and design engineering
				  for plans, specifications, and estimates, the acquisition of necessary
				  rights-of-way, and actual construction of the ferry and all necessary
				  appurtenant facilities; and
(2)
				  consider the anticipated future costs of expanding, improving, maintaining,
				  operating, or extending the ferry to be incurred by the RMA and not by the
				  department if the ferry is transferred.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter E - TRANSFER OF TXDOT FERRY › Section 26.46 - Use of Surplus Revenue

Current through Reg. 49, No. 28; July 12, 2024
Notwithstanding the provisions of §
										26.53
					 of this chapter (relating to Surplus Revenue) to the contrary, the commission
					 may, as a condition to the transfer, require that expenditures of surplus
					 revenue, if any, derived from a transferred ferry be made to implement projects
					 included in the metropolitan transportation plan or the department's unified
					 transportation program. Within the project operating agreement described under
					 §
										26.54
					 of this chapter (relating to Project Operating Agreement), the commission and
					 the RMA shall, prior to transfer, mutually agree to the amount of expenditures
					 subject to this section and projects to be funded under this section. These
					 provisions may be revised at any time upon agreement of both
					 parties.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter E - TRANSFER OF TXDOT FERRY › Section 26.47 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter does not apply to a ferry located in a
					 municipality with a population of 5,000 or less unless the city council of the
					 municipality approves the transfer.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter F - MISCELLANEOUS OPERATION PROVISIONS › Section 26.51 - Conflict of Interest

Current through Reg. 49, No. 28; July 12, 2024
(a) Prohibited
				  conduct for directors and employees. A director or employee of an RMA may not:
(1) accept or solicit any gift, favor, or
				  service that might reasonably tend to influence the director or employee in the
				  discharge of official duties or that the director or employee knows or should
				  know is being offered with the intent to influence the director's or employee's
				  official conduct;
(2) accept other
				  employment or engage in a business or professional activity that the director
				  or employee might reasonably expect would require or induce the director or
				  employee to disclose confidential information acquired by reason of the
				  official position;
(3) accept other
				  employment or compensation that could reasonably be expected to impair the
				  director's or employee's independence of judgment in the performance of the
				  director's or employee's official duties;
(4) make personal investments, including
				  investments of a spouse, that could reasonably be expected to create a conflict
				  between the director's or employee's private interest and the interest of the
				  RMA or that could impair the ability of the individual to make independent
				  decisions;
(5) intentionally or
				  knowingly solicit, accept, or agree to accept any benefit for having exercised
				  the director's or employee's official powers or performed the director's or
				  employee's official duties in favor of another; or
(6) have a personal interest in an agreement
				  executed by the RMA.