reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter C - ACCESS CONNECTIONS TO STATE HIGHWAYS › Section 11.56 - Delegation of Access Permit Authority to Municipalities or Eligible Counties

Current through Reg. 49, No. 28; July 12, 2024
(a) Intent. Except as provided in §
										11.58
				  of this subchapter (relating to Connection with Regionally Significant
				  Highway), a municipality or eligible county may include highways on the state
				  highway system in its local access management plan. The intent of the
				  department is to allow municipalities or eligible counties, upon request, to
				  assume responsibility for issuing permits for access connections to state
				  highways within the jurisdiction of the municipality or eligible county under a
				  local access management plan when the municipality or eligible county has the
				  ability to issue permits.
(b)
				  Precedence. A local access management plan supersedes an order of the
				  commission under Transportation Code, §
										203.031(a)(2) or
				  (4) to the extent that they conflict, unless:
(1) the Federal Highway Administration
				  notifies the department that enforcement of the local access management plan
				  would impair the ability of the state or the department to receive funds for
				  highway construction or maintenance from the federal government; or
(2) the department owns the access
				  rights.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter C - ACCESS CONNECTIONS TO STATE HIGHWAYS › Section 11.57 - Local Access Roads

Current through Reg. 49, No. 28; July 12, 2024
(a) If local access
				  roads are necessary to restore circulation or to resolve a landlocked condition
				  on a remaining parcel of land, or will otherwise benefit the state highway
				  system, local access roads may be included in a department project on a
				  standard participation basis as established in Appendix A of §
										15.55
				  of this title (relating to Construction Cost Participation).
(b) Except as provided in §
										11.58
				  of this subchapter (relating to Connection with Regionally Significant
				  Highway), executive director approval must be obtained prior to the department
				  entering into any agreements to provide local access roads in conjunction with
				  a department project.
(c) Local
				  access roads will not be considered service projects as defined in §
										15.56
				  of this title (relating to Local Financing of Highway Improvement Projects on
				  the State Highway System).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter C - ACCESS CONNECTIONS TO STATE HIGHWAYS › Section 11.58 - Connection with Regionally Significant Highway

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. A public or private entity may
				  not connect a regionally significant highway to a segment of the state highway
				  system without the approval of the commission. This section prescribes the
				  procedure by which the commission will consider approval.
(b) Request. An entity seeking approval to
				  connect a regionally significant highway to a segment of the state highway
				  system must send a written request to the executive director. The request must
				  include a detailed schematic indicating the location of the connection,
				  including an overpass, underpass, intersection, or interchange, and the
				  location of the logical termini of the connection.
(c) Approval criteria. The commission will
				  approve a request made under this section if:
(1) the highway to be connected is identified
				  in a conforming Transportation Improvement Program;
(2) the requestor agrees to design and
				  construct the connection in compliance with subsection (d) of this section;
				  and
(3) the requestor satisfies the
				  applicable requirements under subsection (e) of this section concerning public
				  involvement and a study of the social, environmental, and economic impacts of
				  the connection.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter D - GREEN RIBBON PROJECTS › Section 11.100 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
Transportation corridors in urban areas strive to meet the
					 aesthetic needs of local citizens just as they strive to meet the
					 transportation needs of all Texans. To that end, the Texas Department of
					 Transportation will coordinate the resources of the state, of local
					 governments, and of private entities. Whenever feasible, urban corridors will
					 be designed and landscaped to be both attractive and
					 functional.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter D - GREEN RIBBON PROJECTS › Section 11.101 - Green Ribbon Master Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) A district will
				  establish a Green Ribbon Master Plan that includes each city with a population
				  over 100,000.
(b) The Green Ribbon
				  Master Plan for each area will be developed in active consultation with local
				  governments and interested private parties.
(c) The Green Ribbon Master Plan for each
				  area will provide conceptual guidance to transportation planners and designers
				  for all phases of design and development. It will incorporate aesthetic,
				  historical, social, and environmental considerations into planning and design
				  decisions in a way that maintains the safety and functionality of
				  transportation systems, including the need for efficient and economical
				  maintenance.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter D - GREEN RIBBON PROJECTS › Section 11.102 - Implementation

Current through Reg. 49, No. 28; July 12, 2024
In an urban area included in a Green Ribbon Master Plan, a
					 district will consider that Green Ribbon Master Plan in the planning and design
					 of all transportation projects.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter D - GREEN RIBBON PROJECTS › Section 11.103 - Participation by Other Entities

Current through Reg. 49, No. 28; July 12, 2024
(a) A local
				  government may provide money, property, or services to a project that is
				  consistent with a Green Ribbon Master Plan. The local government must execute a
				  written agreement specifying its responsibilities and any conditions.
(b) A private party may donate money,
				  property, or services to a project that is consistent with a Green Ribbon
				  Master Plan. Participation by a private party must be in accordance with
				  §1.500 et seq. of this title (relating to Donations) or with §2.61 et
				  seq. of this title (relating to Public Participation Programs).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter E - TRANSPORTATION ENHANCEMENT PROGRAM › Section 11.200 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Title 23, United States Code, §133(d)(2) and
					 §160(e)(2), require that 10% of certain funds apportioned to a state
					 pursuant to Title 23, United States Code, §104(b)(3), be used for
					 transportation enhancement activities, as defined. The commission will allocate
					 one-half of those funds to metropolitan planning organizations operating in
					 transportation management areas as provided by Chapter 16, Subchapter D, of
					 this title (relating to Transportation Funding). The commission may allocate
					 funds to the department for activities that qualify for the Transportation
					 Enhancement Program and are located on the state highway system, and may also
					 make funds available in a statewide competitive program that enhances the
					 surface transportation systems and facilities within the state for the benefit
					 of the users of those systems. The sections under this subchapter prescribe the
					 policies and procedures for the implementation of the
					 program.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter E - TRANSPORTATION ENHANCEMENT PROGRAM › Section 11.202 - Allowable Costs

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  describes allowable costs related to the Transportation Enhancement Program.
				  Allowable costs are the necessary construction-related project expenditures
				  incurred after federal and state authorization to proceed and otherwise
				  eligible for reimbursement under applicable statutes and regulations.
(b) Generally, the costs of preliminary
				  engineering (including planning, design, and plans, specifications, and
				  estimates) are not allowable costs.
(c) Planning costs are allowable only for
				  activities related to the provision of safety and educational activities for
				  pedestrians and bicyclists, scenic or historic highway programs, control and
				  removal of outdoor advertising, and archeological planning and
				  research.
(d) The cost of right of
				  way acquisition is allowable only for activities related to the acquisition of
				  scenic easements and scenic or historic sites.
(e) The cost of environmental mitigation is
				  allowable only for activities related to environmental mitigation to address
				  water pollution due to highway runoff, reduce vehicle caused wildlife mortality
				  while maintaining habitat connectivity, and asbestos or lead paint removal or
				  containment, when it is required for the rehabilitation of an eligible
				  project.
(f) Project costs incurred
				  by the department are reimbursable. All other pre-construction costs are the
				  responsibility of the nominating entity.
(g) Expenditures for routine operation and
				  maintenance are not allowable costs unless specifically allowed under the
				  individual federal category for which the project must qualify.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter E - TRANSPORTATION ENHANCEMENT PROGRAM › Section 11.203 - Local Funding Match

Current through Reg. 49, No. 28; July 12, 2024
For the purposes of the Transportation Enhancement Program,
					 a local funding match is a cash match provided by or through the nominating
					 entity. Funds from other federal programs may be used as a local funding match
					 only when specifically authorized by federal statute or regulation. Donated
					 services may not be accepted as a local funding match, but may be used to
					 reduce the overall cost of the project.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter E - TRANSPORTATION ENHANCEMENT PROGRAM › Section 11.204 - Transportation Enhancement Project Evaluation Committee (TEPEC)

Current through Reg. 49, No. 28; July 12, 2024
(a) The Transportation Enhancement Project
				  Evaluation Committee is an evaluation committee that is composed of:
(1) the executive director of the department,
				  or the executive director's designee;
(2) the State Land Commissioner, or the land
				  commissioner's designee; and
(3)
				  the director, or director's designee, of each of the following:
(A) the Economic Development and Tourism
				  Division of the Governor's Office;
(B) the Texas Historical
				  Commission;
(C) the Texas Parks and
				  Wildlife Department; and
(D) the
				  Texas Commission on Environmental Quality.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter E - TRANSPORTATION ENHANCEMENT PROGRAM › Section 11.205 - Project Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible
				  for consideration for inclusion in the Transportation Enhancement Program, a
				  candidate project must:
(1) propose one or
				  more transportation enhancement activities that have a relationship to the
				  surface transportation system, yet go beyond activities customarily
				  incorporated into transportation projects;
(2) consist of expenditures that conform to
				  applicable provisions of state and federal laws;
(3) present persuasive evidence of support
				  for the candidate project from the communities in which it would be
				  implemented, to include a commitment to provide a cash amount of at least 20%
				  of the allowable costs of the candidate project;
(4) propose to construct or enhance a
				  facility from which all operational income will be used for the costs necessary
				  for the proper operation and maintenance of the facility;
(5) be nominated for consideration by an
				  eligible nominating entity in the manner prescribed in §
											11.207 of
				  this subchapter (relating to Receipt of Nominations);
(6) be maintained and operated for the
				  purpose for which it was approved and funded with federal-aid highway funds for
				  a period of time commensurate with the project investment; and
(7) have at least 75% of the project's
				  activities identified in the project description and budget of the nomination
				  form deemed eligible for federal reimbursement (only eligible activities will
				  be considered for funding).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter E - TRANSPORTATION ENHANCEMENT PROGRAM › Section 11.206 - Call for Nominations

Current through Reg. 49, No. 28; July 12, 2024
The department will call for nominations of candidate
					 projects by publication in the
Texas Register.
The department
					 will also provide notice of the call for candidate projects to all MPOs, all
					 councils of government (COGs), and all local transit operators in the
					 state.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter E - TRANSPORTATION ENHANCEMENT PROGRAM › Section 11.207 - Receipt of Nominations

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  will receive and consider for funding only candidate project nominations from
				  state agencies and political subdivisions of the state eligible to receive and
				  manage federal transportation funds.
(b) Activities in multiple jurisdictions
				  should be segmented into separate candidate projects whenever
				  practical.
(c) To nominate a
				  candidate project, the eligible nominating entity must file its nomination, in
				  the form prescribed by the department, with the district engineer of the
				  district office responsible for the area in which the proposed enhancement
				  would be implemented. The nomination for a single project in multiple
				  jurisdictions may be filed with the department division responsible for the
				  Transportation Enhancement Program.
(d) Complete nomination packages must be
				  received by the department no later than the specified deadline published in
				  the
Texas Register.
Nomination packages that fail to include
				  any of the items specified in §
										11.208 of
				  this subchapter (relating to Nomination Documents) are considered incomplete
				  and will not be considered for funding.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter E - TRANSPORTATION ENHANCEMENT PROGRAM › Section 11.209 - Provision of Nomination Documents to Other Local Governments

Current through Reg. 49, No. 28; July 12, 2024
Nominating entities proposing candidate projects calling
					 for work in multiple metropolitan areas, cities, or counties must provide
					 copies of the nomination documents to affected local public officials that have
					 jurisdiction over the transportation-related activities located in the project
					 area.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter E - TRANSPORTATION ENHANCEMENT PROGRAM › Section 11.210 - Eligibility and Technical Screening

Current through Reg. 49, No. 28; July 12, 2024
The department will review each candidate project to
					 determine eligibility for funding according to federal and state law and to
					 determine that each candidate project will meet technical standards established
					 by applicable law and accepted professional practice. In determining federal
					 eligibility, the department will coordinate with FHWA.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter E - TRANSPORTATION ENHANCEMENT PROGRAM › Section 11.211 - Notification of Ineligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  will by certified mail, return receipt requested, notify the nominating entity
				  of each ineligible activity proposed and the reason for the
				  determination.
(b) A request for
				  reconsideration of a finding of ineligibility may be initiated only by a letter
				  from the nominating entity to the executive director setting forth reasons in
				  support of a finding of eligibility. The letter requesting reconsideration must
				  be received by the department no later than 15 days after the nominating entity
				  received the department's notification, as established by the return receipt.
				  The determination of the executive director in response to the request for
				  reconsideration will be final.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter E - TRANSPORTATION ENHANCEMENT PROGRAM › Section 11.212 - Evaluation and Selection of Projects by Certain MPOs

Current through Reg. 49, No. 28; July 12, 2024
(a) All eligible projects located within the
				  metropolitan planning area of an MPO operating in a transportation management
				  area will be submitted to the respective MPO for evaluation and selection. The
				  MPO must notify the department within 30 days of its project
				  selections.
(b) Any projects not
				  selected by the MPO will be eligible for consideration in the statewide
				  competitive program and will be evaluated in accordance with §
										11.213
				  of this subchapter (relating to Evaluation of Project Benefits by the
				  Transportation Enhancement Project Evaluation Committee (TEPEC)).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter E - TRANSPORTATION ENHANCEMENT PROGRAM › Section 11.213 - Evaluation of Project Benefits by the Transportation Enhancement Project Evaluation Committee (TEPEC)

Current through Reg. 49, No. 28; July 12, 2024
(a) Eligible
				  candidate projects, together with the results of the technical review, will be
				  submitted to the TEPEC. The TEPEC will evaluate the potential benefit of each
				  eligible candidate project.
(b) The
				  TEPEC will meet at the call of the chair to consider and discuss the
				  relationship to the surface transportation system and potential benefit of
				  eligible candidate projects. After discussing the candidate projects, the
				  committee will evaluate each project based on the quality of the project, the
				  geographic scope of the project's benefits, and the project's transportation
				  enhancement value. The TEPEC will prepare recommendations as to which projects
				  are suitable for funding and provide these recommendations to the
				  department.
(c) The TEPEC will
				  serve to advise the department of the benefit of candidate projects only and
				  its decisions will in no way be binding on the ability of the commission to
				  select from among all eligible candidate projects those projects approved for
				  funding.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter E - TRANSPORTATION ENHANCEMENT PROGRAM › Section 11.214 - Selection of Projects by the Commission

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The department will recommend a program of candidate projects for consideration
				  by the commission. To assist the commission in its decisions concerning
				  selection and funding, the department will, in addition to department staff
				  recommendations, provide to the commission:
(1) the list of all eligible candidate
				  projects and any comments and recommendations from any governmental entity with
				  jurisdiction over the activities included in the project and the
				  TEPEC;
(2) any other comments
				  relevant to consideration of any candidate project for funding, including:
(A) evidence of support and opposition for
				  the candidate project;
(B) evidence
				  of the commitment from the nominating entity to provide more than the minimum
				  required non-federal share of allowable project costs and its ability to do
				  so;
(C) an evaluation of proposed
				  projects indicating the extent to which each project will meet accepted
				  standards as established by applicable law and by accepted professional
				  practice;
(D) the views, comments,
				  and certifications of an MPO or a governing body of a city or county;
				  and
(E) all other project specific
				  information as appropriate.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter E - TRANSPORTATION ENHANCEMENT PROGRAM › Section 11.215 - Notification of Selection

Current through Reg. 49, No. 28; July 12, 2024
When a project is selected for funding, the department will
					 notify the nominating entity of its selection. If the selected project is to be
					 implemented in a metropolitan area, the department will request that the MPO
					 immediately begin the process required to include the selected project in its
					 TIP.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter E - TRANSPORTATION ENHANCEMENT PROGRAM › Section 11.216 - Inclusion in STIP

Current through Reg. 49, No. 28; July 12, 2024
The department will immediately begin the process required
					 to include all selected projects in the STIP. Costs incurred prior to the
					 inclusion of the activity in the STIP, execution of the local agreement, and
					 prior to federal and state approval and authorization to proceed are not
					 eligible for reimbursement.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter E - TRANSPORTATION ENHANCEMENT PROGRAM › Section 11.217 - Development of Project

Current through Reg. 49, No. 28; July 12, 2024
(a) The MPO or the
				  department will implement or arrange for implementation of each selected
				  project in accordance with statutory requisites and contracting procedures
				  applicable to the type and character of the project.
(b) All selected projects must be developed
				  to current standards and specifications established or recognized by the
				  federal government and the department. The department may allow project plans
				  to be developed by other public authorities, provided the plans are reviewed by
				  the department and determined to have been developed according to current
				  department standards and specifications. The department will coordinate with
				  other state and federal agencies as required by state or federal law or
				  applicable policy.
(c) All agencies
				  receiving federal funds for transportation enhancement activities must comply
				  with all federal and state procedures and requirements applicable to
				  development of federal-aid transportation projects.
(d) Before funding any construction
				  activities, the department will ensure that required opportunities for public
				  involvement have been provided and proper environmental documentation has been
				  completed.
(e) Funds from other
				  federal programs may be used only when specifically authorized by federal
				  statute or regulation. Pursuant to Title 23, United States Code, §323,
				  private cash donations may be accepted.
(f) Whether proposed as an independent
				  project or as an element of a larger transportation project, the candidate
				  project must be limited to a logical unit of work.
(g) The department is responsible for
				  inspection and final acceptance of all selected projects and for certification
				  of project completion.
(h) Projects
				  must be developed in accordance with this subchapter. Any changes in the scope
				  of work established in the nomination form, as approved by the commission, must
				  have the advanced written approval of the executive director. A significant
				  increase in the scope of work will require the advance approval of the
				  commission.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter E - TRANSPORTATION ENHANCEMENT PROGRAM › Section 11.218 - Payment of Costs

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  will submit all requests to FHWA for reimbursement of allowable costs. When the
				  department implements appropriate projects through or in cooperation with other
				  entities, those entities will request reimbursement from the department of
				  allowable costs they incur using the forms and procedures specified by the
				  department.
(b) If the nominating
				  entity does not complete the project as originally approved, the department may
				  seek reimbursement of the expended federal funds from the nominating entity. If
				  at any time the nominating entity can no longer maintain and operate the
				  project for its intended purpose, the nominating entity will return the federal
				  share to the Transportation Enhancement Program in accordance with the federal
				  recapture procedures set forth in Title 49, Code of Federal Regulations,
				  §18.31.
(c) For locally
				  administered projects, the entire project cost is borne by the nominating
				  entity until reimbursement can be obtained from FHWA for eligible activities.
				  For projects administered by the department, the nominating entity must provide
				  the local cash match prior to the commencement of project activities.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter E - TRANSPORTATION ENHANCEMENT PROGRAM › Section 11.219 - Elimination of Project from Transportation Enhancement Program

Current through Reg. 49, No. 28; July 12, 2024
(a) A candidate project will be eliminated
				  from participation in the Transportation Enhancement Program if at any time
				  prior to the execution of the local agreement, any municipality or county in
				  which project activities are proposed notifies the department of its opposition
				  to the project. Notification of opposition must be in the form of a resolution
				  or other official document from the duly constituted governing body of the
				  entity opposing the project. Jurisdiction for the purposes of support or
				  opposition to a candidate project does extend to a municipality's
				  extraterritorial jurisdiction.
(b)
				  The executive director may eliminate a project or a portion of a project from
				  participation in the Transportation Enhancement Program if at any time:
(1) the nominating entity fails to satisfy
				  any requirement of this subchapter;
(2) implementation of the project would
				  involve significant deviation from the activities as proposed in the nomination
				  form;
(3) the nominating entity
				  withdraws from participation in the project;
(4) a construction contract has not been
				  awarded or construction has not been initiated by the local entity within four
				  years from the date of commission selection (for projects that do not involve
				  construction, project activities must be completed within four years from the
				  date of commission selection);
(5)
				  a local agreement is not executed within one year after the project is selected
				  by the commission; or
(6) the
				  director determines that federal funding may be lost because the project has
				  not been implemented or completed.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter E - TRANSPORTATION ENHANCEMENT PROGRAM › Section 11.220 - Transfer of Project to Another Agency; Approval of Change

Current through Reg. 49, No. 28; July 12, 2024
(a) If at any time legislative action
				  requires transfer of the project to another state agency, the department may
				  terminate the existing project agreement and execute an agreement with the
				  responsible agency.
(b) Any change
				  in the project's disposition must receive approval from FHWA.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter E - TRANSPORTATION ENHANCEMENT PROGRAM › Section 11.221 - Dedication for Public Use

Current through Reg. 49, No. 28; July 12, 2024
A project shall be dedicated for public use as approved by
					 the commission for a period of time commensurate with the federal investment or
					 at a minimum according to the following schedule:
(1) federal project cost up to $1 million -
				  10 years;
(2) federal project cost
				  over $1 million and up to $3 million - 20 years; or
(3) federal project cost over $3 million - at
				  least 30 years.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter F - TRANSPORTATION ALTERNATIVES PROGRAM › Section 11.300 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The sections under this subchapter prescribe the policies
					 and procedures for the implementation and administration of the Transportation
					 Alternatives Program (TAP), as authorized by 23 U. S. C.
					 §213.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter F - TRANSPORTATION ALTERNATIVES PROGRAM › Section 11.301 - 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--Texas Transportation Commission.
(2)
				   Department--Texas Department of Transportation.
(3)  Executive director--The executive
				  director of the Texas Department of Transportation or his or her designee.
(4)  FHWA--Federal Highway
				  Administration.
(5)  Local
				  agreement--An agreement between the project sponsor 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.
(6) 
				  Metropolitan planning organization (MPO)--The organization or policy board of
				  an organization created and designated under 23 U. S. C. §134, and 49 U.
				  S. C. §5303, to make transportation planning decisions for the
				  metropolitan planning area and carry out the metropolitan planning process.
(7)  Project--An undertaking to
				  implement or construct an eligible activity at a specific location or
				  locations, or, if the context so implies, the particular activity so
				  implemented or constructed.
(8) 
				  Project sponsor--An eligible entity as described by 23 U. S. C. §213, that
				  nominates a particular 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.
(9)  State--The
				  State of Texas or any of its political subdivisions.
(10) 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.
(11) Surface transportation system--An
				  interconnected surface transportation network for moving people and goods using
				  various combinations of transportation modes.
(12) 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.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter F - TRANSPORTATION ALTERNATIVES PROGRAM › Section 11.302 - Program Administration

Current through Reg. 49, No. 28; July 12, 2024
(a) The state is
				  required to suballocate, in accordance with 23 U.S.C. §213, a part of its
				  TAP apportionment to urbanized areas with populations over 200,000.
(b) Each MPO serving an urbanized area with a
				  population over 200,000 shall implement the TAP for the award of funds
				  suballocated within such area. Section
				  11.303
				  of this subchapter applies only to the use of those TAP funds.
(c) For TAP funds not covered by subsection
				  (b) of this section, the commission will select projects through a competitive
				  process administered by the department. Sections
				  11.304-
				  11.317
				  of this subchapter apply only to the use of those TAP funds.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter F - TRANSPORTATION ALTERNATIVES PROGRAM › Section 11.303 - Project Selection and Implementation by MPOs

Current through Reg. 49, No. 28; July 12, 2024
(a) This section applies only to an MPO
				  serving an urbanized area with a population over 200,000 and the award of TAP
				  funds suballocated for such an urbanized area.
(b) The MPO, in consultation with the
				  department, shall develop a competitive process to allow project sponsors to
				  submit applications for funding under the TAP.
(c) The MPO will coordinate determinations
				  regarding project eligibility, subject to audit by the FHWA.
(d) Projects, or substantially similar
				  projects, submitted during a program call administered by the MPO are not
				  eligible for consideration under a program call administered by the
				  department.
(e) Following the
				  conclusion of the competitive process, the MPO shall provide to the department
				  a list of all projects submitted during the program call on which the selected
				  projects are identified, and immediately shall begin the process required to
				  include the selected projects in its TIP.
(f) The MPO will conduct project selection
				  and implementation in accordance with all applicable federal and state laws and
				  regulations.
(g) If a project is
				  located on state right-of-way, the project sponsor is responsible for securing
				  a land-use permit from the department prior to construction.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter F - TRANSPORTATION ALTERNATIVES PROGRAM › Section 11.304 - Eligible Activities

Current through Reg. 49, No. 28; July 12, 2024
(a) During a
				  program call administered by the department, TAP funds may be awarded for any
				  of the following activities:
(1) construction
				  of on-road and off-road trail facilities for pedestrians, bicyclists, and other
				  non-motorized forms of transportation, including sidewalks, bicycle
				  infrastructure, pedestrian and bicycle signals, traffic calming techniques,
				  lighting and other safety-related infrastructure, and transportation projects
				  to achieve compliance with the Americans with Disabilities Act of
				  1990;
(2) construction of
				  infrastructure-related projects and systems that will provide safe routes for
				  non-drivers, including children, older adults, and individuals with
				  disabilities to access daily needs;
(3) conversion and use of abandoned railroad
				  corridors for trails for pedestrians, bicyclists, or other non-motorized
				  transportation users; and
(4)
				  construction of infrastructure-related projects to improve the ability of
				  students to walk and bicycle to school, including sidewalk improvements,
				  traffic calming and speed reduction improvements, pedestrian and bicycle
				  crossing improvements, on-street bicycle facilities, off-street bicycle and
				  pedestrian facilities, secure bicycle parking facilities, and traffic diversion
				  improvements in the vicinity of schools.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter F - TRANSPORTATION ALTERNATIVES PROGRAM › Section 11.305 - Allowable Costs

Current through Reg. 49, No. 28; July 12, 2024
(a) Costs are
				  allowable only if they are necessary construction-related project expenditures
				  that are eligible for reimbursement under applicable statutes and
				  regulations.
(b) The costs of
				  preliminary engineering (including planning, design, and plans, specifications,
				  and estimates) are not allowable costs.
(c) Eligible pre-construction costs incurred
				  by the department are reimbursable. All other pre-construction costs are the
				  responsibility of the project sponsor.
(d) Expenditures for routine operation and
				  maintenance are not allowable costs unless specifically allowed under the
				  individual federal category for which the project qualifies.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter F - TRANSPORTATION ALTERNATIVES PROGRAM › Section 11.306 - Local Funding Match

Current through Reg. 49, No. 28; July 12, 2024
(a) The local
				  funding match is a cash match or in-kind contribution provided by or through
				  the project sponsor. An in-kind contribution may only include actual and
				  documented pre-construction or construction-related costs previously incurred
				  by the project sponsor that are otherwise eligible for reimbursement under
				  applicable statutes and regulations.
(b) Funds from other federal programs may be
				  used as a local funding match only when specifically authorized by federal law
				  or regulation.
(c) Donated
				  services may not be accepted as a local funding match, but may be used to
				  reduce the overall cost of the project.
(d) If a project selected by the commission
				  is administered by the department, the project sponsor must provide the cash
				  portion of the local funding match prior to the commencement of project
				  activities.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter F - TRANSPORTATION ALTERNATIVES PROGRAM › Section 11.307 - Call for Nominations

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  will issue a notice of a call for nominations by publication in the Texas
				  Register.
(b) The notice will
				  include information regarding the content of the nomination package, the
				  procedures applicable to the program call, and the specific evaluation criteria
				  to be used during the project selection process.
(c) All or a portion of a call for
				  nominations may be designated for a particular eligible activity.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter F - TRANSPORTATION ALTERNATIVES PROGRAM › Section 11.308 - Nomination Package

Current through Reg. 49, No. 28; July 12, 2024
(a) To nominate a
				  project during a program call administered by the department, the project
				  sponsor must submit its nomination in the form prescribed by the
				  department.
(b) The nomination
				  package must present persuasive evidence of support for the proposed project
				  from the communities in which it would be implemented and include a commitment
				  to provide a local funding match of at least 20% of the allowable costs of the
				  project.
(c) If the project is
				  located in a county that has been certified by the commission as an
				  economically disadvantaged county, the nomination package may include a request
				  for adjustment to the minimum local funding match requirement. For those
				  projects in which the commission is authorized by law to provide state cost
				  participation, the department may adjust the amount required by subsection (b)
				  of this section.
(d) A complete
				  nomination package must be received by the department no later than the
				  specified deadline published in the Texas Register. A nomination package that
				  fails to include any of the items specified in this subsection or the
				  respective program call is considered to be incomplete and will not be
				  considered for funding.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter F - TRANSPORTATION ALTERNATIVES PROGRAM › Section 11.309 - Project Screening and Evaluation

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  executive director will appoint a project evaluation committee consisting of
				  department staff to review, evaluate, and make recommendations on projects
				  submitted during a program call administered by the department.
(b) The committee will screen each project to
				  determine whether it is eligible for funding under applicable federal and state
				  law and whether it meets technical standards established by applicable law and
				  accepted professional practice.
(c)
				  The committee will evaluate the benefits of each project that is determined to
				  be eligible under subsection (b) of this section or §11.310 based on the
				  specific selection criteria set forth in the program call.
(d) The committee will provide project
				  selection recommendations and supporting documentation to the director of the
				  division of the department responsible for administering the TAP.
(e) The director of the division responsible
				  for administering the TAP will provide a list of recommended projects to the
				  commission for consideration.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter F - TRANSPORTATION ALTERNATIVES PROGRAM › Section 11.310 - Finding of Ineligibility; Request for Reconsideration

Current through Reg. 49, No. 28; July 12, 2024
(a) The department will by certified mail,
				  return receipt requested, notify the project sponsor of each ineligible
				  activity proposed and the reason for the determination.
(b) A request for reconsideration of a
				  finding of ineligibility may be initiated only by a letter from the nominating
				  entity to the executive director setting forth reasons in support of a finding
				  of eligibility. The letter requesting reconsideration must be received by the
				  department no later than 15 days after the nominating entity received the
				  department's notification, as established by the return receipt.
(c) The determination of the executive
				  director in response to the request for reconsideration is final.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter F - TRANSPORTATION ALTERNATIVES PROGRAM › Section 11.311 - Selection of Projects by the Commission

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The commission, by written order, will select projects for funding under the
				  TAP based on:
(1) recommendations from the
				  director of the division responsible for administering the TAP;
(2) the potential benefit to the state of the
				  project; and
(3) whether the
				  project enhances the surface transportation system.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter F - TRANSPORTATION ALTERNATIVES PROGRAM › Section 11.312 - Inclusion of Selected Projects in Planning Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) If a project selected by the commission
				  is to be implemented in a metropolitan area, the department will request that
				  the MPO for that area immediately begin the process required to include the
				  selected project in its TIP.
(b)
				  The department will also immediately begin the process required to include all
				  selected projects in the STIP.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter F - TRANSPORTATION ALTERNATIVES PROGRAM › Section 11.313 - Project Implementation

Current through Reg. 49, No. 28; July 12, 2024
(a) The project
				  sponsor will implement or arrange for implementation of each project selected
				  by the commission in accordance with statutory requisites and contracting
				  procedures applicable to the type and character of the project. The department,
				  in its sole discretion, may agree to implement a project on behalf of a project
				  sponsor.
(b) All projects must be
				  developed:
(1) to current standards and
				  specifications established or recognized by the federal government and the
				  department; and
(2) in accordance
				  with this subchapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 11 - DESIGN › Subchapter F - TRANSPORTATION ALTERNATIVES PROGRAM › Section 11.314 - Payment of Costs

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  will submit all requests for reimbursement of allowable costs to
				  FHWA.
(b) A project sponsor must
				  use the forms and procedures specified by the department to request
				  reimbursement of allowable costs incurred.
(c) For locally administered projects, the
				  entire project cost is borne by the project sponsor until reimbursement can be
				  obtained from FHWA for eligible activities.
(d) Costs incurred prior to the inclusion of
				  the project in the STIP, execution of the local agreement, or prior to federal
				  and state approval and authorization to proceed are not eligible for
				  reimbursement.