reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter E - FINANCIAL ASSISTANCE FOR TOLL FACILITIES › Section 27.51 - 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) AASHTO--The
				  American Association of State Highway and Transportation Officials.
(2) Commission--The Texas Transportation
				  Commission.
(3) Department--The
				  Texas Department of Transportation.
(4) Design manual--The latest editions of and
				  successors to all design manuals available from the department, including but
				  not limited to the following:
(A) Roadway
				  Design Manual;
(B) operations and
				  procedures manual of the Environmental Affairs Division;
(C) Pavement Design Manual;
(D) Bridge Design Manual;
(E) Bridge Project Development
				  Manual;
(F) Bridge Geotechnical
				  Manual;
(G) Hydraulic Design
				  Manual;
(H) Texas Manual on Uniform
				  Traffic Control Devices;
(I)
				  standard highway sign designs for Texas; and
(J) traffic control standard sheets booklet
				  of the traffic operations division.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter E - FINANCIAL ASSISTANCE FOR TOLL FACILITIES › Section 27.52 - Available Financial Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commission may provide financial assistance under this subchapter for any
				  combination of the following purposes relating to the development, acquisition,
				  construction, maintenance, and operation of a toll facility:
(1) development costs;
(2) preparation of project plans,
				  specifications, and engineer's estimate;
(3) construction, including right of way
				  acquisition and utility relocation;
(4) operation;
(5) maintenance; and
(6) necessary or incidental administrative,
				  legal, and other expenses.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter E - FINANCIAL ASSISTANCE FOR TOLL FACILITIES › Section 27.53 - Request

Current through Reg. 49, No. 28; July 12, 2024
(a) Eligibility.
(1) A public or private entity that is
				  authorized by state law to acquire, design, construct, finance, operate, or
				  maintain a toll facility is eligible to submit a request for financial
				  assistance under this subchapter.
(2) A private entity is not eligible to
				  submit a request for a grant.
(3)
				  For requests submitted after January 1, 2010, to be eligible to receive funds
				  under this subchapter, an entity must have adopted an internal ethics and
				  compliance program that satisfies the requirements of §
											10.51
				  of this title (relating to Internal Ethics and Compliance Program) and must
				  enforce compliance with that program.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter E - FINANCIAL ASSISTANCE FOR TOLL FACILITIES › Section 27.54 - Commission Action

Current through Reg. 49, No. 28; July 12, 2024
(a) Preliminary
				  approval.
(1) Considerations. Prior to
				  granting preliminary approval of an eligible project, the commission will
				  consider:
(A) the transportation need for and
				  anticipated public benefit of the project, including such factors as the
				  project's potential ability to accelerate needed transportation facilities or
				  to reduce financial and other burdens on the commission and the department
				  regarding the development, operation, and maintenance of such
				  facilities;
(B) availability of
				  funding from all sources;
(C) the
				  percentage of the total project cost that is represented by the requested
				  financial assistance;
(D) the
				  financial feasibility of the project;
(E) potential social, economic, and
				  environmental impacts of the project;
(F) the extent to which the requestor's toll
				  collection system or plan for a toll collection system provides
				  interoperability;
(G) evidence of
				  local public support; and
(H) the
				  requestor's past experience with similar projects and past performance working
				  in collaboration with the department in the development of such projects, if
				  applicable.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter E - FINANCIAL ASSISTANCE FOR TOLL FACILITIES › Section 27.56 - Design and Construction

Current through Reg. 49, No. 28; July 12, 2024
(a) Responsibility.
(1) The requestor is fully responsible for
				  the design and construction of each project it undertakes, including:
(A) ensuring that all EPIC are addressed in
				  project design;
(B) assessing field
				  changes for potential environmental impacts; and
(C) obtaining any necessary EPIC required for
				  field changes.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter E - FINANCIAL ASSISTANCE FOR TOLL FACILITIES › Section 27.57 - Maintenance

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may require specific
				  standards and procedures to be used in maintenance of the project.
(b) All structures defined as a bridge by the
				  National Bridge Inspection Standards shall be maintained in compliance with
				  applicable state and federal requirements. The department will perform safety
				  inspections of these structures in accordance with federal
				  requirements.
(c) In establishing
				  the standards and procedures described in subsection (a) of this section, if
				  any, or in considering exceptions to the standards and inspection procedures
				  described in subsection (b) of this section, the department shall consider:
(1) the requestor's past experience with
				  similar projects (if applicable); and
(2) whether the project is intended to become
				  part of the state highway system or otherwise subject to the jurisdiction of
				  the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter E - FINANCIAL ASSISTANCE FOR TOLL FACILITIES › Section 27.58 - Financial and Credit Requirements

Current through Reg. 49, No. 28; July 12, 2024
A requestor receiving financial assistance that is required
					 to be repaid under this subchapter shall agree to:
(1) provide collateral and security for
				  repayment of financial assistance and completion of the project, or other
				  protections as the executive director may deem necessary;
(2) repay the financial assistance at the
				  specified interest rate over a specified time period according to the repayment
				  schedule;
(3) submit the following
				  financial and operating reports to the department within 30 days of adoption or
				  disclosure, approved by the governing body of the requestor and certified as
				  correct by its chief administrative officer:
(A) the annual operating and capital budgets
				  adopted by the requestor each fiscal year pursuant to a trust agreement or
				  indenture or equivalent document securing bonds issued for a project, and any
				  amended or supplemental operating or capital budget; and
(B) annual financial information and notices
				  of material events required to be disclosed under Rule 15c2-12 of the United
				  States Securities and Exchange Commission (17 C.F.R. § 240.15c2-12);
				  and
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter F - COUNTY TOLL ROADS AND FERRIES › Section 27.70 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Transportation Code, §
										284.011
					 authorizes the Texas Transportation Commission (commission) to convey a ferry
					 operated by the Texas Department of Transportation (department) to a county or
					 a local government corporation for operation and maintenance as a county ferry
					 under Transportation Code, Chapter 284. Transportation Code, §
										362.051
					 provides that a governmental or private entity must obtain the commission's
					 approval before beginning construction of a toll road, toll bridge, or turnpike
					 that is to be part of the state highway system. Transportation Code, §
										284.009(d)
					 authorizes the commission, if requested by a county, to adopt an order stating
					 that a county toll project will not become a part of the state highway system
					 upon payment of project debt. This subchapter prescribes policies and
					 procedures governing the implementation of these statutes.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter F - COUNTY TOLL ROADS AND FERRIES › Section 27.71 - 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) AASHTO--The
				  American Association of State Highway and Transportation Officials.
(2) Commission--The Texas Transportation
				  Commission.
(3) Commissioners
				  court--A county commissioners court.
(4) County--A county described in
				  Transportation Code, §
										284.002.
(5) Department--The Texas Department of
				  Transportation.
(6) Environmental
				  Permits, Issues, and Commitments (EPIC)--Any permit, issue, coordination,
				  commitment, or mitigation obtained to satisfy social, economic, or
				  environmental impacts of a toll road 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.
(7) Executive director--The
				  chief administrative officer of the department or designee.
(8) Toll road project--A causeway, bridge,
				  tunnel, turnpike, highway, or any combination of those facilities, including:
(A) a necessary overpass, underpass,
				  interchange, entrance plaza, toll house, service station, approach, fixture,
				  and accessory and necessary equipment;
(B) necessary administration, storage, and
				  other buildings; and
(C) all
				  property rights, easements, and related interests acquired.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter F - COUNTY TOLL ROADS AND FERRIES › Section 27.72 - Conveyance of State Ferry

Current through Reg. 49, No. 28; July 12, 2024
(a) Request.
(1) Transportation Code, §
											284.011,
				  authorizes the commission to convey a ferry operated by the department under
				  Transportation Code, §
											342.001,
				  to a county or local government corporation incorporated under Transportation
				  Code, Chapter 431 in a county to which Transportation Code, Chapter 284
				  applies.
(2) A county or local
				  government corporation may request a conveyance under this section by
				  submitting a written request that includes:
(A) an explanation of how the proposed
				  conveyance will improve overall mobility in the region;
(B) copies of any completed studies
				  concerning the transfer;
(C) a copy
				  of the county's or local government corporation's criteria and guidelines for
				  approval of the conveyance of a ferry;
(D) 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
(E) 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 27 - TOLL PROJECTS › Subchapter F - COUNTY TOLL ROADS AND FERRIES › Section 27.73 - Commission Approval of County Toll Project

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. Transportation Code, Chapter
				  284, authorizes a county to construct a toll road project. Transportation Code,
				  §
										362.051
				  provides that a governmental or private entity must obtain the commission's
				  approval before beginning construction of a toll project that is to be a part
				  of the state highway system. Transportation Code, §
										284.008(c)
				  specifies that a county's toll road project will become a part of the state
				  highway system when all the bonds and interest on the bonds of the project are
				  paid, thereby requiring commission approval of a county toll road project under
				  Transportation Code, §
										362.051.
				  This section prescribes the procedure by which a county may obtain commission
				  approval under Transportation Code, §
										362.051.
				  This section does not apply to a county toll project for which the commission
				  has adopted an order under Transportation Code, §
										284.008(d),
				  stating that the project will not become a part of the state highway system
				  under §284.008(c). This section also does not apply to a county with a
				  population of more than two million.
(b) Request. To secure approval of a toll
				  road project under this section, a county shall submit a written request for
				  approval to the executive director. The request must be accompanied by:
(1) a summary of the anticipated financing
				  plan for purposes of seeking the approval described in subsection (e)(2) of
				  this section;
(2) traffic and
				  revenue forecasts;
(3) a detailed
				  schematic indicating the location of interchanges and mainlanes;
(4) a report identifying relocations or
				  reconstruction to state highway system facilities anticipated in connection
				  with the proposed toll road project;
(5) an evaluation of the toll road project's
				  integration into the state highway system;
(6) documentation demonstrating that the
				  environmental review and public involvement for the project have been conducted
				  in the manner prescribed by Chapter 2, Subchapter C of this title (relating to
				  Environmental Review and Public Involvement for Transportation Projects);
				  and
(7) a written commitment to
				  comply with the design and construction standards prescribed in §
											27.74
				  of this subchapter (relating to Design and Construction Standards for Toll Road
				  Projects) when developing the toll road project.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter F - COUNTY TOLL ROADS AND FERRIES › Section 27.74 - Design and Construction Standards for Toll Road Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. This section applies to
				  county toll road projects that are subject to §
										27.73
				  of this subchapter.
(b)
(b) State or federal funds. County toll road
				  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).
(c) Responsibility. The county 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 county 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. A county 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 the integrity of the transportation
				  system.
(3) Exceptions to design
				  criteria. A county 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 county and
				  furnished to the department in accordance with subsection (g) of this
				  section.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter F - COUNTY TOLL ROADS AND FERRIES › Section 27.75 - Commission Order Directing that County Toll Project Shall Not Become Part of the State Highway System

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
				  Transportation Code, §
										282.008(c),
				  provides that, except as provided in Transportation Code, §
										282.008(d),
				  a county toll project becomes a part of the state highway system and the
				  commission shall maintain the project without toll when the project debt is
				  paid. §284.008(d) provides that before construction of a county toll
				  project, a county may request that the commission adopt an order stating that
				  the project will not become a part of the state highway system. This section
				  governs the procedure by which a county may seek approval under Transportation
				  Code, §
										284.008(d).
(b) Request. A county seeking commission
				  approval under this section shall submit a written request to the department
				  before the county enters into a contract for construction of the toll project.
				  The request shall include:
(1) a detailed
				  schematic indicating the location of interchanges and mainlanes; and
(2) justification for not being required to
				  comply with the design, construction, environmental review, and public
				  involvement requirements of §
											27.73
				  and §
											27.74
				  of this subchapter (relating to Commission Approval of County Toll Project and
				  Design and Construction Standards for Toll Road Projects);
(3) a description of the county's experience
				  in developing toll facilities; and
(4) a resolution in support of the request
				  adopted by the county commissioners court.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter G - OPERATION OF DEPARTMENT TOLL PROJECTS › Section 27.80 - 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)Comprehensive development agreement--An
				  agreement as defined in §
										27.2 of
				  this chapter (relating to Definitions).
(3)Department--The Texas Department of
				  Transportation.
(4)Executive
				  director--The executive director of the department or designee.
(5)Military vehicle--A vehicle owned by a
				  branch of the armed forces of the United States or national or state guard of
				  the United States, properly marked according to the rules of the owning
				  military branch, and not registered with a state motor vehicle registry to an
				  individual, corporation, or entity other than the owning military branch or
				  organization.
(6)Operational
				  concession--An agreement under which a private operator purchases a right to
				  conduct a business involving a toll project for a specified number of years in
				  return for a fee paid to the department and the assumption of operation and
				  maintenance responsibilities.
(7)Tag--A transponder placed on or within a
				  vehicle that is capable of transmitting information used to assess or collect
				  tolls.
(8)Toll project--A project
				  of the Texas Department of Transportation as defined by Transportation Code,
				  §
										201.001.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter G - OPERATION OF DEPARTMENT TOLL PROJECTS › Section 27.81 - Free Use Of Turnpike Project By Military Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. Transportation Code, §
										362.901,
				  requires the commission to adopt rules to allow a military vehicle to use
				  turnpike projects without payment of a toll or fare. This section describes the
				  policies implementing §362.901.
(b) General. Except as provided in subsection
				  (f) of this section, the department will allow free use of turnpike projects by
				  military vehicles in convoy and individually. Military vehicles will be allowed
				  free use in all lanes except where it would be unsafe or impractical to do
				  so.
(c) Electronic toll collection
				  (ETC) lanes. The department prefers that military vehicles use ETC lanes.
				  Military vehicles will not be required to carry transponders or be registered
				  with a toll customer service center in order to obtain free passage.
(d) Automated enforcement. The department
				  will develop procedures so that military vehicle images recorded by automated
				  violation enforcement systems, if any, will be rejected and violation notices
				  will not be issued.
(e) Records.
				  The department may maintain records of free passage of military vehicles on its
				  turnpike projects for audit, reconciliation, and reporting purposes.
(f) Exception. To the extent of any
				  inconsistency with the requirements of this subchapter, the provision of free
				  passage for military vehicles on turnpike projects that are governed by a trust
				  agreement or indenture in existence on the effective date of this subchapter
				  shall be governed by the terms of that trust agreement or indenture.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter G - OPERATION OF DEPARTMENT TOLL PROJECTS › Section 27.82 - Toll Operations

Current through Reg. 49, No. 28; July 12, 2024
(a) Toll policies.
				  The department shall adopt policies relating to toll collection and enforcement
				  and the operation of customer service centers. The policies will authorize all
				  fees imposed under this section to be paid by credit card, debit card not
				  requiring the entry of a personal identification number (PIN), money order,
				  personal or cashier's check, or cash. In adopting those policies, the
				  department shall consider:
(1) whether those
				  policies will provide ease of use by travelers and maximize mobility on toll
				  projects;
(2) whether those
				  policies will provide a high level of customer service;
(3) the requirements of project bond
				  covenants;
(4) cost of
				  operations;
(5) whether those
				  policies will facilitate the auditing of customer service center operations and
				  the marketing of toll projects; and
(6) whether those policies will maximize the
				  preservation of revenue streams.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter G - OPERATION OF DEPARTMENT TOLL PROJECTS › Section 27.84 - No-Cost Contracts for Services to Support the Operation of Department Toll Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
				  Transportation Code, §
										228.052
				  authorizes the department to enter into an agreement with one or more persons
				  to provide, on terms approved by the department, personnel, equipment, systems,
				  facilities, and services necessary to operate a toll project or system. This
				  section prescribes the requirements for soliciting proposals for services to
				  support the operation of a department toll project or system that will be
				  provided by a private entity at no cost to the department.
(b) Types of services. The department may
				  enter into agreements with private entities for services to support toll
				  operations, including:
(1) establishing fleet
				  account programs to manage the payment of tolls;
(2) providing account maintenance services,
				  including accepting payments, updating customer account information, and
				  selling and registering tags; and
(3) any other activities that the department
				  considers necessary to enhance customer service and promote the efficient and
				  effective operation of its toll projects and systems.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter G - OPERATION OF DEPARTMENT TOLL PROJECTS › Section 27.85 - Service Charge for Payment Transactions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. Transportation Code, §
										228.052
				  provides that a person that enters into an agreement with the department to
				  provide services for a customer to pay an amount on an electronic toll
				  collection customer account at a location other than a department office may
				  collect from the customer a service charge in addition to the amount paid on
				  the account. This section sets the maximum amount of the service charge and the
				  circumstances under which the service charge may be assessed.
(b) Amount of service charge. A person may
				  collect from the customer a service charge, not to exceed $2.00, for:
(1) accepting a payment due on an invoice or
				  notice of nonpayment;
(2) accepting
				  a payment to establish or replenish the minimum balance on a tag; or
(3) accepting a payment for the sale of a
				  tag.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter H - DETERMINATION OF TERMS FOR CERTAIN TOLL PROJECTS › Section 27.90 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Transportation Code, §
										228.013
					 requires, for certain department toll projects in which a private entity has a
					 financial interest in the project's performance, that the distribution of the
					 project's financial risk, the method of financing for the project, and the
					 tolling structure and methodology be determined by a committee comprised of
					 representatives from the department, any local toll project entity for the area
					 in which the project is located, the applicable metropolitan planning
					 organization, and each municipality or county that provides revenue or right of
					 way for the project. This subchapter prescribes the process for a committee's
					 issuance of its determination.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter H - DETERMINATION OF TERMS FOR CERTAIN TOLL PROJECTS › Section 27.91 - 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) Committee--A committee established under
				  this subchapter.
(3) Comprehensive
				  development agreement--An agreement with a private entity authorized under
				  Transportation Code, Chapter 223, Subchapter E that, at a minimum, provides for
				  the design and construction, reconstruction, extension, expansion, or
				  improvement of a toll project and may also provide for the financing,
				  acquisition, maintenance, or operation of a toll project.
(4) Concession agreement--A comprehensive
				  development agreement under which a private entity agrees to develop, finance,
				  and construct a toll project, and to assume operation or maintenance
				  responsibilities for a toll project, in exchange for rights to revenue of the
				  project.
(5) Department--The Texas
				  Department of Transportation.
(6)
				  Executive director--The executive director of the department or the executive
				  director's designee.
(7) Local
				  funds--Funds of a city or county, any other funds paid by a city or county to
				  meet local participation requirements, and money deposited in a subaccount
				  created under Transportation Code, §
										228.012.
(8) Local toll project entity--Has the
				  meaning assigned by Transportation Code, §
										373.001.
(9) Metropolitan planning organization--The
				  organization or policy board of an organization created and designated under
				  23 U.S.C. §
											134 and
				  49 U.S.C. §
											5303, as amended, to make transportation
				  planning decisions for a metropolitan planning area in which a toll project is
				  located and to carry out the metropolitan transportation planning
				  process.
(10) Toll project--Has the
				  meaning assigned by Transportation Code, §
										201.001.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter H - DETERMINATION OF TERMS FOR CERTAIN TOLL PROJECTS › Section 27.92 - Financial Terms

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
				  This subchapter applies only to a department toll project that will be
				  developed under a concession agreement, and for which:
(1) funds allocated to a metropolitan
				  planning organization are expected to be used to pay for project
				  costs;
(2) local funds are expected
				  to be used to pay for project costs; or
(3) property of a city or county is expected
				  to be used as project right of way or a city or county is expected to pay for
				  the acquisition of right of way for the project.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 28 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter A - GENERAL PROVISIONS › Section 28.1 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
The department participates in the regulation of the
					 movement of oversize and overweight vehicles and loads on the state highway
					 system, in order to insure the safety of the traveling public, and to protect
					 the integrity of the highways and the bridges. The department's
					 responsibilities are accomplished through the authorization of the issuance of
					 permits for the movement of oversize and overweight vehicles and loads by
					 certain authorities, and the execution of special contracts for the movement of
					 oversize and overweight vehicles and loads to travel across the width of a
					 state highway. The sections under this chapter prescribe the policies and
					 procedures for authorizing the issuance of permits and the execution of
					 contracts.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 28 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter A - GENERAL PROVISIONS › Section 28.3 - Delegation Authority

Current through Reg. 49, No. 28; July 12, 2024
The executive director may delegate to a department
					 employee in a position that is not below the level of division director any
					 power or duty assigned to the executive director by this
					 chapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 28 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter B - HIGHWAY CROSSINGS BY OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Section 28.10 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
In accordance with Transportation Code, Chapter 623,
					 Subchapter C, a person, firm, or corporation may request authorization to
					 operate a vehicle that does not comply with one or more of the restrictions of
					 Transportation Code, Chapter 621, across the width of any road in the state
					 highway system, other than a controlled-access highway as defined in
					 Transportation Code, §
										223.001,
					 from private property to other private property provided that the commission
					 has contracted with the requester to indemnify the department for the cost of
					 repair and maintenance to the portion of such highway crossed by such
					 vehicles.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 28 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter B - HIGHWAY CROSSINGS BY OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Section 28.11 - Surety Bond

Current through Reg. 49, No. 28; July 12, 2024
The requester shall, prior to exercising any rights
					 thereunder, execute an adequate surety bond in such amount as may be determined
					 by the commission to compensate for the cost of maintenance and repairs as
					 provided herein, approved by the state treasurer and the attorney general, with
					 a corporate surety authorized to do business in this state, conditioned on the
					 requester fulfilling the obligations of the contract.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 28 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter C - PORT OF BROWNSVILLE PERMITS › Section 28.20 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
In accordance with Transportation Code, Chapter 623,
					 Subchapter K, the department may authorize the Brownsville Navigation District
					 of Cameron County, Texas (Port of Brownsville) to issue permits for the
					 movement of oversize or overweight vehicles carrying cargo on State Highway
					 48/State Highway 4 between the Gateway International Bridge and any location
					 along that highway within the Port of Brownsville, or on U.S. Highway 77/U.S.
					 Highway 83 and State Highway 48/State Highway 4 between the Veterans
					 International Bridge at Los Tomates and any location along that highway within
					 the Port of Brownsville or from the Free Trade International Bridge to the
					 entrance of the Port of Brownsville using Farm-to-Market Road 509, United
					 States Highways 77 and 83, Farm-to-Market Road 511, State Highway 550, and East
					 Loop (State Highway 32). This subchapter sets forth the requirements and
					 procedures applicable to the issuance of permits by the Port of Brownsville for
					 the movement of oversize and overweight vehicles.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 28 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter C - PORT OF BROWNSVILLE PERMITS › Section 28.22 - Permit Issuance Requirements and Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Permit application. Application for a permit issued under this subchapter shall
				  be in a form approved by the department, and shall at a minimum include:
(1) the name of the applicant;
(2) date of issuance;
(3) signature of the director of the Port of
				  Brownsville;
(4) a statement of the
				  kind of cargo being transported;
(5) the maximum weight and dimensions of the
				  proposed vehicle combination, including number of tires on each axle, tire size
				  for each axle, distance between each axle, measured from center of axle to
				  center of axle, and the specific weight of each individual axle when
				  loaded;
(6) the kind and weight of
				  each commodity to be transported, not to exceed loaded dimensions of 12 feet
				  wide, 15 feet 6 inches high, 110 feet long or 125,000 pounds gross
				  weight;
(7) a statement of any
				  condition on which the permit is issued;
(8) a statement that the cargo shall be
				  transported over the most direct route using State Highway 48/State Highway 4
				  between the Gateway International Bridge and any location along that highway
				  within the Port of Brownsville, or using U.S. Highway 77/U.S. Highway 83 and
				  State Highway 48/State Highway 4 between the Veterans International Bridge at
				  Los Tomates and any location along that highway within the Port of Brownsville
				  or from the Free Trade International Bridge to the entrance of the Port of
				  Brownsville using Farm-to-Market Road 509, United States Highways 77 and 83,
				  Farm-to-Market Road 511, State Highway 550, and East Loop (State Highway
				  32);
(9) the location where the
				  cargo was loaded; and
(10) the date
				  or dates on which movement authorized by the permit is allowed.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 28 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter D - CHAMBERS COUNTY PERMITS › Section 28.30 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
In accordance with Transportation Code, Chapter 623,
					 Subchapter M, the commission may authorize Chambers County, Texas to issue
					 permits for the movement of oversize and overweight vehicles and loads on the
					 roads designated by Transportation Code, §
										623.252(b)(1).
					 This subchapter sets forth the requirements and applicable procedures for the
					 issuance of permits by Chambers County for the movement of oversize and
					 overweight vehicles.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 28 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter D - CHAMBERS COUNTY PERMITS › Section 28.32 - Permit Issuance Requirements and Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Permit application. A permit issued under this subchapter shall be in a form
				  approved by the department, and shall at a minimum include:
(1) the name of the applicant;
(2) date of issuance;
(3) signature of the designated agent of
				  Chambers County;
(4) the maximum
				  weight and dimensions of the proposed vehicle combination including the number
				  of tires on each axle, tire size for each axle, distance between each axle,
				  measured from center of axle to center of axle, and the specific weight of each
				  individual axle when loaded;
(5) a
				  statement of the kind and weight of each commodity to be transported, not to
				  exceed loaded dimensions of 12 feet wide, 16 feet high, or 110 feet long, or
				  100,000 pounds gross weight;
(6) a
				  statement of any condition on which the permit is issued;
(7) a statement that the cargo may be
				  transported in Chambers County only over the roads that are described by
				  Transportation Code, §
											623.652(b)(1);
(8) the location where the cargo was loaded;
				  and
(9) the date or dates on which
				  movement authorized by the permit is allowed.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 28 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter E - VICTORIA COUNTY NAVIGATION DISTRICT PERMITS › Section 28.40 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
In accordance with Transportation Code, Chapter 623,
					 Subchapter L, the commission may authorize the Victoria County Navigation
					 District to issue permits for the movement of oversize or overweight vehicles
					 carrying cargo on roads designated by Transportation Code, §
										623.232. This
					 subchapter sets forth the requirements and procedures applicable to the
					 issuance of permits by the Victoria County Navigation District for the movement
					 of oversize and overweight vehicles.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 28 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter E - VICTORIA COUNTY NAVIGATION DISTRICT PERMITS › Section 28.41 - Definition

Current through Reg. 49, No. 28; July 12, 2024
In this subchapter, "district" means the Victoria County
					 Navigation District.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 28 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter E - VICTORIA COUNTY NAVIGATION DISTRICT PERMITS › Section 28.43 - Permit Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) Registration
				  requirements. To be eligible for a permit under this subchapter:
(1) a vehicle or combination of vehicles must
				  be registered under Transportation Code, Chapter 502; and
(2) the owner of the vehicle or combination
				  of vehicles must be registered as a motor carrier under Transportation Code,
				  Chapter 643 or 645.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 28 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter E - VICTORIA COUNTY NAVIGATION DISTRICT PERMITS › Section 28.44 - Permit Issuance Requirements and Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Permit application. Application for a permit issued under this subchapter must
				  be in a form approved by the department and at a minimum must include:
(1) the name of the applicant;
(2) the name of the driver of the vehicle in
				  which the cargo is to be transported;
(3) a description of the kind of cargo to be
				  transported;
(4) the kind and
				  weight of each commodity to be transported;
(5) the maximum weight and dimensions of the
				  proposed vehicle combination, including number of tires on each axle, tire size
				  for each axle, distance between each axle measured from center of axle to
				  center of axle, and the specific weight of each individual axle when
				  loaded;
(6) the location where the
				  cargo will be loaded; and
(7) the
				  date or dates on which movement is requested.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 28 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter E - VICTORIA COUNTY NAVIGATION DISTRICT PERMITS › Section 28.45 - Permit Weight Limits for Axles

Current through Reg. 49, No. 28; July 12, 2024
(a) Minimum axle
				  group spacing. For an axle group to be permitted for maximum weight authorized
				  under this section:
(1) an axle group must
				  have a minimum spacing of four feet, measured from center of axle to center of
				  axle, between each axle in the group; and
(2) two or more consecutive axle groups must
				  have a minimum axle spacing of 12 feet, measured from center of the last axle
				  of a group to center of the first axle of the immediately following
				  group.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 28 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter E - VICTORIA COUNTY NAVIGATION DISTRICT PERMITS › Section 28.46 - Movement Requirements and Restrictions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Carrying of permit. The original permit issued by the district must be carried
				  in the permitted vehicle.
(b)
				  Prohibition on movement with void permit. A permittee is prohibited from
				  transporting an oversize or overweight load with a void permit. A permit is
				  void if the applicant gives false or incorrect information. A permit becomes
				  void when the permittee fails to comply with the restrictions or conditions
				  stated in the permit or when the permittee changes or alters the information in
				  the permit.
(c) Weather conditions
				  or road work. Movement of a permitted vehicle is prohibited when:
(1) visibility is reduced to less than 2/10
				  of one mile;
(2) the road surface
				  is hazardous due to weather conditions, such as rain, ice, sleet, or snow;
				  or
(3) highway maintenance or
				  construction work is being performed.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 28 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter E - VICTORIA COUNTY NAVIGATION DISTRICT PERMITS › Section 28.47 - Records

Current through Reg. 49, No. 28; July 12, 2024
The district shall maintain records that evidence
					 compliance with this subchapter. Those records are subject to audit by
					 department personnel.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 28 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter F - PORT FREEPORT NAVIGATION DISTRICT PERMITS › Section 28.60 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
In accordance with Transportation Code, Chapter 623,
					 Subchapter K, the commission may authorize Port Freeport to issue permits for
					 the movement of oversize or overweight vehicles carrying cargo on roads
					 designated by Transportation Code, §
										623.219(b).
					 This subchapter sets forth the requirements and procedures applicable to the
					 issuance of permits by Port Freeport for the movement of oversize and
					 overweight vehicles.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 28 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter F - PORT FREEPORT NAVIGATION DISTRICT PERMITS › Section 28.61 - Definition

Current through Reg. 49, No. 28; July 12, 2024
In this subchapter, "district" means Port Freeport, which
					 is subject to Special District Local Laws Code, Chapter 5002.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 28 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter F - PORT FREEPORT NAVIGATION DISTRICT PERMITS › Section 28.63 - Permit Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) Registration
				  requirements. To be eligible for a permit under this subchapter:
(1) a vehicle or combination of vehicles must
				  be registered under Transportation Code, Chapter 502; and
(2) the owner of the vehicle or combination
				  of vehicles must be registered as a motor carrier under Transportation Code,
				  Chapter 643 or 645.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 28 - OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS › Subchapter F - PORT FREEPORT NAVIGATION DISTRICT PERMITS › Section 28.64 - Permit Issuance Requirements and Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Permit application. Application for a permit issued under this subchapter must
				  be in a form approved by the department and at a minimum must include:
(1) the name of the applicant;
(2) the name of the driver of the vehicle in
				  which the cargo is to be transported;
(3) a description of the kind of cargo to be
				  transported;
(4) the kind and
				  weight of each commodity to be transported;
(5) the maximum weight and dimensions of the
				  proposed vehicle combination, including number of tires on each axle, tire size
				  for each axle, distance between each axle measured from center of axle to
				  center of axle, and the specific weight of each individual axle when
				  loaded;
(6) the location where the
				  cargo will be loaded; and
(7) the
				  date or dates on which movement is requested.