Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 5 - FINANCE › Subchapter E - PASS-THROUGH FARES AND TOLLS › Section 5.52 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1)
				  Commission--The Texas Transportation Commission.
(2) Department--The Texas Department of
				  Transportation.
(3) Department
				  estimate--An estimate of what it would cost the department to perform the work
				  proposed by the public or private entity, whether the work is proposed to be
				  performed by the department or whether it is proposed to be performed by the
				  public or private entity. The estimate is developed or updated by the
				  department after receipt of a public or private entity's request and prior to
				  the time the department executes an agreement with the public or private
				  entity.
(4) Environmental Permits,
				  Issues, and Commitments (EPIC)--Any permit, issue, coordination, commitment, or
				  mitigation obtained to satisfy social, economic, or environmental impacts of a
				  project, including 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.
(5) Executive director--The executive
				  director of the department or the executive director's designee not below
				  district engineer, division director, or office director.
(6) Highway--Includes any facility convenient
				  or necessary to the operation of a highway.
(7) Operation--Includes
				  maintenance.
(8) Pass-through
				  agreement--A pass-through toll agreement or a pass-through agreement entered
				  under the terms of this subchapter by the department and a public or private
				  entity.
(9) Pass-through fare--A
				  dollar amount, including a surcharge or user fee for freight shipments, that is
				  tied to a measure of actual usage of a railway and is used under this
				  subchapter as a means of calculating payments made by one entity to another to
				  provide reimbursement for some or all of the costs of acquiring, designing,
				  developing, financing, constructing, relocating, maintaining, or operating a
				  passenger or freight railway.
(10)
				  Pass-through toll--A dollar amount that is tied to a measure of actual usage of
				  a highway and is used under this subchapter as a means of calculating payments
				  made by one entity to another to provide reimbursement for some or all of the
				  costs of designing, developing, financing, constructing, maintaining, or
				  operating a highway on the state highway system.
(11) Public or private entity--Any entity
				  authorized by law to enter into a pass-through agreement with the department
				  under this subchapter for the acquisition, design, development, financing,
				  construction, relocation, maintenance, or operation of a highway or
				  railway.
(12) Railway--Includes
				  both passenger and freight railways and any facility convenient or necessary to
				  the operation of a railway.