reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter F - MISCELLANEOUS OPERATION PROVISIONS › Section 26.52 - Donations

Current through Reg. 49, No. 28; July 12, 2024
An RMA may only accept donations of cash, goods, services,
					 and property that will further the performance of its functions. All donations
					 shall be used by the RMA for their intended purpose in accordance with
					 applicable law. All RMAs, in receiving donations, shall accept and use the
					 donations only for specific purposes legally supported and authorized by the
					 donors and shall be strictly accountable to the donors.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter F - MISCELLANEOUS OPERATION PROVISIONS › Section 26.53 - Surplus Revenue

Current through Reg. 49, No. 28; July 12, 2024
(a) General. Each
				  fiscal year, if an RMA determines that it has surplus revenue from
				  transportation projects, the RMA shall:
(1)
				  reduce tolls;
(2) spend the surplus
				  revenue on other transportation projects in the counties of the RMA, in
				  accordance with the provisions of this subchapter and, if applicable, as
				  authorized by federal law; or
(3)
				  deposit the surplus revenue to the credit of the Texas Mobility Fund.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter F - MISCELLANEOUS OPERATION PROVISIONS › Section 26.54 - Project Operating Agreement

Current through Reg. 49, No. 28; July 12, 2024
An RMA and the department may enter into a project
					 operating agreement governing the maintenance and operation of a transportation
					 project. The agreement may include provisions governing:
(1) bridge inspection; and
(2) department maintenance or operation of
				  the turnpike project, provided the RMA reimburses the department for necessary
				  costs of maintaining or operating the project unless the RMA is provided
				  assistance under Chapter 27, Subchapter E of this title (relating to Financial
				  Assistance for Toll Facilities).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter F - MISCELLANEOUS OPERATION PROVISIONS › Section 26.55 - Contracts with Mexico

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to
				  entering into a contract with the United Mexican States or a state of the
				  United Mexican States, the RMA must submit to the department:
(1) a summary of the purpose of the
				  agreement;
(2) a list of the duties
				  and responsibilities to be performed by each party to the contract;
(3) a description of any federal, state, or
				  local funds to be spent in Mexico; and
(4) a description of any work to be done by
				  RMA employees or contractors within Mexico.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter F - MISCELLANEOUS OPERATION PROVISIONS › Section 26.56 - Required Internal Ethics and Compliance Program

Current through Reg. 49, No. 28; July 12, 2024
(a) An RMA shall adopt an internal compliance
				  and ethics program that satisfies the requirements of §
										10.51
				  of this title (relating to Internal Ethics and Compliance Program).
(b) An RMA must finally adopt a program
				  described by subsection (a) of this section before the later of:
(1) April 1, 2011; or
(2) the first anniversary of the date on
				  which the RMA is created.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter G - REPORTS AND AUDITS › Section 26.61 - Written Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) Financial and
				  operating reports. An RMA shall submit the following financial and operating
				  reports to each county or city that is a part of the RMA:
(1) the annual operating and capital budgets
				  adopted by the RMA each fiscal year pursuant to the trust agreement or
				  indenture securing bonds issued for a project, and any amended or supplemental
				  operating or capital budget;
(2)
				  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
(3) to the extent not otherwise disclosed in
				  another report required under this subsection, a statement of any surplus
				  revenue held by the RMA and a summary of how it intends to use the surplus
				  revenue.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter G - REPORTS AND AUDITS › Section 26.62 - Annual Audits

Current through Reg. 49, No. 28; July 12, 2024
(a) General. The
				  RMA shall maintain its books and records in accordance with generally accepted
				  accounting principles in the United States, as promulgated by the Government
				  Accounting Standards Board, the Financial Accounting Standards Board, or
				  pursuant to applicable federal or state laws or regulations, and shall have an
				  annual financial and compliance audit of such books and records in accordance
				  with this section.
(b) Submission
				  date. The annual audit shall be submitted to each county or city that is a part
				  of the RMA within 120 days after the end of the fiscal year.
(c) Certification. The financial and
				  compliance audit must be conducted by an independent certified public
				  accountant in accordance with generally accepted auditing standards, as
				  modified by the governor's Uniform Grant Management Standards, or the standards
				  of the Office of Management and Budget Circular A-133, Audits of States, Local
				  Governments and Non-profit Organizations, as applicable.
(d) Paperwork retention period. All work
				  papers and reports shall be retained for a minimum of four years from the date
				  of the audit report, unless the counties or cities that are parts of the RMA
				  require a longer retention period.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter G - REPORTS AND AUDITS › Section 26.63 - Other Reports to Counties and Cities

Current through Reg. 49, No. 28; July 12, 2024
The RMA will provide other reports and information
					 regarding its activities promptly when requested by the counties or cities that
					 are parts of the RMA.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter G - REPORTS AND AUDITS › Section 26.64 - Operating Records

Current through Reg. 49, No. 28; July 12, 2024
The department will have access to all operating and
					 financial records of the RMA. The executive director will provide notification
					 if access is desired by the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 26 - REGIONAL MOBILITY AUTHORITIES › Subchapter G - REPORTS AND AUDITS › Section 26.65 - Annual Reports to the Commission

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Compliance Report. Within 150 days after the end of the fiscal year of an RMA,
				  the RMA shall submit to the executive director a report that lists each duty
				  that the RMA is required to perform under this subchapter and that indicates
				  that the RMA has performed that requirement for that fiscal year. Each report
				  submitted under this subsection must be in the form prescribed by the
				  department, approved by official action of the board, and certified as correct
				  by the chief administrative officer of the RMA.
(b) Project Report. Not later than December
				  31 of each year, an RMA shall submit to the commission a written report that
				  describes the progress made during that year on each transportation project or
				  system of projects of the RMA, including the initial project for which the RMA
				  was created.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter A - COMPREHENSIVE DEVELOPMENT AGREEMENTS › Section 27.1 - Statement of Policy

Current through Reg. 49, No. 28; July 12, 2024
(a) It is the
				  policy of the department to consider the feasibility of private involvement in
				  projects the department undertakes. The objectives of this policy are to:
(1) expand the scope of projects
				  studied;
(2) accelerate the
				  construction and completion of projects;
(3) reduce the overall costs of a
				  project;
(4) minimize department
				  financial contributions to pay the costs of a project; and
(5) maximize the benefits of project
				  facilities.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter A - COMPREHENSIVE DEVELOPMENT AGREEMENTS › Section 27.2 - 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) Affiliate--An
				  entity that directly or indirectly controls, is controlled by, or is under
				  common control with a private entity.
(2) Certification of eligibility status
				  form--A notarized form describing any suspension, voluntary exclusion,
				  ineligibility determination actions by an agency of the federal government,
				  indictment, conviction, or civil judgment involving fraud or official
				  misconduct, each with respect to the proposer or any person associated with the
				  proposer in the capacity of owner, partner, director, officer, principal
				  investor, project director/supervisor, manager, auditor, or a position
				  involving the administration of federal funds, covering the three-year period
				  immediately preceding the date of the qualification statement.
(3) Commission--The Texas Transportation
				  Commission.
(4) Comprehensive
				  development agreement--An agreement with a private entity that, at a minimum,
				  provides for the design and construction, reconstruction, extension, expansion,
				  or improvement of an eligible project and may also provide for the financing,
				  acquisition, maintenance, or operation of an eligible project.
(5) Confidential questionnaire--A
				  prequalification form reflecting detailed financial and experience
				  data.
(6) Conflict of interest--A
				  circumstance arising out of the existing or past activities, business
				  interests, contractual relationships, or organizational structure of a
				  consultant, proposer, or developer, where:
(A)
				  the private entity is or may be unable to give impartial assistance or advice
				  to the department;
(B) the private
				  entity's objectivity in performing the scope of work sought by the department
				  is or might be otherwise impaired;
(C) the private entity has an unfair
				  competitive advantage;
(D) the
				  private entity's performance of services on behalf of the department provides
				  or may provide an unfair competitive advantage to a third party; or
(E) there is a reasonable perception or
				  appearance of impropriety or unfair competitive advantage benefiting the
				  private entity or a third party as a result of the private entity's
				  participation in a comprehensive development agreement project.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter A - COMPREHENSIVE DEVELOPMENT AGREEMENTS › Section 27.3 - General Rules for Private Involvement

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Solicited and unsolicited proposals. The rules in this subchapter address the
				  manner by which the department intends to evaluate submissions received from
				  private entities in response to requests for qualifications and proposals
				  issued by the department, as well as unsolicited proposals received by the
				  department.
(b) Reservation of
				  rights. The department reserves all rights available to it by law in
				  administering these rules, including without limitation the right in its sole
				  discretion to:
(1) withdraw a request for
				  qualifications or a request for proposals at any time, and issue a new
				  request;
(2) reject any and all
				  qualifications submittals or proposals, whether solicited or unsolicited, at
				  any time;
(3) terminate evaluation
				  of any and all qualifications submittals or proposals, whether solicited or
				  unsolicited, at any time;
(4) issue
				  a request for qualifications relating to a project described in an unsolicited
				  proposal after the rejection or termination of the evaluation of the proposal
				  and any competing proposals;
(5)
				  suspend, discontinue, or terminate comprehensive development agreement
				  negotiations with any proposer at any time prior to the actual authorized
				  execution of such agreement by all parties;
(6) negotiate with a proposer without being
				  bound by any provision in its proposal, whether solicited or
				  unsolicited;
(7) negotiate with a
				  proposer to include aspects of unsuccessful proposals for that project in the
				  comprehensive development agreement;
(8) request or obtain additional information
				  about any proposal from any source;
(9) modify, issue addenda to, or cancel any
				  request for qualifications or request for proposals;
(10) waive deficiencies in a qualifications
				  submittal or proposal, accept and review a non-conforming qualifications
				  submittal or proposal, or permit clarifications or supplements to a
				  qualifications submittal or proposal;
(11) revise, supplement, or make
				  substitutions for all or any part of these rules; or
(12) retain or return all or any portion of
				  the fees required to be paid by proposers under this subchapter, as provided in
				  subsection (h) of this section.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter A - COMPREHENSIVE DEVELOPMENT AGREEMENTS › Section 27.6 - Protest Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
				  This section prescribes exclusive procedures for protests regarding:
(1) allegations that the terms of a request
				  for qualifications, request for competing proposals and qualifications, or
				  request for proposals are wholly ambiguous, contrary to legal requirements
				  applicable to the procurement, or exceed the department's authority;
(2) a determination as to whether a
				  qualifications submittal or proposal is responsive to the requirements of the
				  request for qualifications, request for competing proposals and qualifications,
				  or request for detailed proposals, as applicable;
(3) short-listing determinations;
				  and
(4) award of a comprehensive
				  development agreement.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter A - COMPREHENSIVE DEVELOPMENT AGREEMENTS › Section 27.8 - Conflict of Interest and Ethics Policies

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. This section prescribes ethical standards of conduct applicable to
				  private entities, including consultants and subconsultants, participating in
				  the department's comprehensive development agreement program. A private
				  entity's failure to comply with these standards of conduct may result in the
				  private entity's preclusion from participation in a project or sanctions being
				  imposed under §
										27.9 of this
				  subchapter (relating to Sanctions).
(b) Gifts and benefits. A proposer,
				  developer, consultant, or subconsultant participating in the comprehensive
				  development agreement program, or an affiliate of any of those entities, may
				  not offer, give, or agree to give a gift or benefit to a member of the
				  commission or to a department employee whose work for the department includes
				  the performance of procurement services relating to a project under this
				  subchapter, or who participates in the administration of a comprehensive
				  development agreement. Notwithstanding this prohibition, a consultant or
				  subconsultant (unless a member of a proposer or developer team, if authorized
				  under subsection (c) of this section) may offer, give, or agree to give a token
				  item that does not exceed an estimated value of $25 (excluding cash, checks,
				  stocks, bonds, or similar items), where the item is distributed generally as a
				  normal means of advertising.
(c)
				  Conflicts of interest.
(1) Purpose. This
				  subsection prescribes department policy on conflicts of interest relating to
				  consultants and subconsultants participating in the comprehensive development
				  agreement program, and thereby:
(A) protects
				  the integrity and fairness of the program and all procurements carried out by
				  the department as part of the program;
(B) avoids circumstances where a consultant,
				  proposer, or developer obtains, or appears to obtain, an unfair competitive
				  advantage as a result of work performed by a consultant or
				  subconsultant;
(C) provides
				  guidance to private entities so they may assess, and make informed business
				  decisions concerning their participation in the program; and
(D) protects the department's interests and
				  confidential and sensitive project-specific and programmatic
				  information.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter A - COMPREHENSIVE DEVELOPMENT AGREEMENTS › Section 27.9 - Sanctions

Current through Reg. 49, No. 28; July 12, 2024
(a) Procedure.
(1) Notification of rules. A copy of this
				  section will be included in each request for qualifications, request for
				  proposals, and request for competing proposals and qualifications issued under
				  this subchapter. Failure to comply with this subsection does not affect the
				  applicability of this section.
(2)
				  Referral to executive director. In determining whether to refer a private
				  entity to the executive director for possible sanctions, the department will
				  consider the criteria set forth in subsection (c)(3) of this section.
(3) Notice of sanctions. The department will
				  notify the private entity of a sanction by certified mail within five days
				  after the executive director's decision to impose the sanction. The notice will
				  summarize the facts and circumstances underlying the sanction, identify the
				  effective date and period of the sanction, and state that the private entity
				  may petition for a hearing within 10 days after receiving notice of the
				  sanction. Except as provided in subsection (b) of this section, a sanction is
				  effective on the date specified in the notice.
(4) Agreed modification of procedure. The
				  procedure for considering a sanction may be modified by agreement of the
				  executive director and the private entity.
(5) Contractual obligations unaffected. The
				  imposition of sanctions does not affect a private entity's obligations under a
				  comprehensive development agreement or any other agreement with the department
				  or limit the commission's contractual remedies thereunder.
(6) Affiliated entities included. References
				  to the term "private entity" also include an affiliate of the private entity,
				  provided that the affiliate is an entity:
(A)
				  which directly or indirectly through one or more intermediaries controls, is
				  controlled by, or is under common control with, the private entity or any of
				  its members, partners, or shareholders holding a 10% or greater interest in the
				  private entity; or
(B) for which
				  10% or more of the equity interest in such entity is held directly or
				  indirectly by the private entity, any of the private entity's members, partners
				  or 10% or greater shareholders or any affiliate of the private entity under
				  subparagraph (A) of this paragraph.
(7) Responsibility for acts of others. The
				  conduct of an individual or other entity acting on behalf of the private entity
				  may be imputed to the private entity.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter A - COMPREHENSIVE DEVELOPMENT AGREEMENTS › Section 27.10 - Compensation upon Termination for Convenience

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. Transportation Code, §
										371.101
				  requires a comprehensive development agreement under which a private
				  participant receives the right to operate and collect revenue from a toll
				  project to contain a provision authorizing the department to terminate the
				  agreement for convenience and purchase the interest of the private participant
				  in the comprehensive development agreement and related property, and to include
				  a price breakdown stating a specific price for the purchase of the private
				  participant's interest at specified intervals from the date the toll project
				  opens. This section describes the methodology for determining the compensation
				  amount owed to the private participant as a result of the termination for
				  convenience of a comprehensive development agreement in which the private
				  participant has an ownership right to the toll revenues and is subject to
				  Transportation Code, §
										371.101.
(b) Definitions. The following words and
				  terms, when used in this section, shall have the following meanings, unless the
				  context clearly indicates otherwise.
(1) Fair
				  market value--The amount that a willing and able buyer would offer, and a
				  willing and able seller would accept, for the purchase and sale of the private
				  participant's interest, in an arm's length transaction, under the conditions
				  specified in the comprehensive development agreement.
(2) Specified interval--A period of not less
				  than two years and not more than five years that is specified by the department
				  within the term of the comprehensive development agreement from the date the
				  toll project opens, as defined in the comprehensive development
				  agreement.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter B - TRANSFER OF DEPARTMENT TOLL PROJECTS › Section 27.11 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Transportation Code, §
										228.151,
					 authorizes the Texas Department of Transportation to lease, sell, or transfer a
					 toll project to certain entities if approved by the Texas Transportation
					 Commission and the governor. This subchapter prescribes the policies and
					 procedures governing commission approval of the lease, sale, or transfer of a
					 toll project.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter B - TRANSFER OF DEPARTMENT TOLL PROJECTS › Section 27.12 - 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) Entity--The governmental entity that
				  receives a toll project under §
										27.13
				  of this subchapter (relating to Transfer of Toll Projects).
(5) Environmental Permits, Issues, and
				  Commitments (EPIC)--Any permit, issue, coordination, commitment, or mitigation
				  obtained to satisfy social, economic, or environmental impacts of a toll
				  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.
(6) Executive director--The chief
				  administrative officer of the department or designee.
(7) Toll project--A toll project of the Texas
				  Department of Transportation, as defined by Transportation Code, §
										201.001(b).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter B - TRANSFER OF DEPARTMENT TOLL PROJECTS › Section 27.13 - Transfer of Toll Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) Requirements.
				  Transportation Code, §
										228.151,
				  authorizes the department to lease, sell, or transfer a toll project or system,
				  including a non-tolled state highway or a segment of a non-tolled state highway
				  converted to a toll project, to a governmental entity that has the authority to
				  operate a tolled highway or a local government corporation created under
				  Transportation Code, Chapter 431.
(b) Request. To secure approval under this
				  section, the receiving entity must submit to the executive director:
(1) an evaluation of the impact of such
				  action on regional mobility and project financial viability;
(2) a written commitment that the entity will
				  assume all liability and responsibility for the safe and effective maintenance
				  and operation of the highway on its transfer;
(3) a written commitment that the entity will
				  assume all liability and responsibility for existing and future EPIC, including
				  obtaining all environmental permits and approvals and for compliance with all
				  federal and state environmental laws, regulations, and policies applicable to
				  the highway and related improvements;
(4) a written commitment that the entity
				  agrees to provide for public involvement and to conduct a study of the social
				  and environmental impact of all proposed improvements to a toll project;
				  and
(5) if applicable, a written
				  commitment that the entity agrees to comply with the design and construction
				  standards of §
											27.15
				  of this subchapter (relating to Project Development for Transferred Toll
				  Projects) when developing projects on the transferred highway.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter B - TRANSFER OF DEPARTMENT TOLL PROJECTS › Section 27.15 - Project Development for Transferred Toll Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. This section applies to:
(1) a toll project that was leased, sold, or
				  transferred under §
											27.13
				  of this subchapter (relating to Transfer of Toll Projects) and that is located
				  within the right of way of a state highway; and
(2) a toll project of another governmental
				  entity that is located within the right of way of a state highway.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter B - TRANSFER OF DEPARTMENT TOLL PROJECTS › Section 27.16 - Toll Projects of Other Entities Within State Highway Right of Way

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may, by license, lease, or
				  transfer of real property, authorize a governmental entity with the authority
				  to construct and operate a toll project, to construct a toll project within the
				  right of way of a state highway.
(b) If the department authorizes construction
				  of a toll project under subsection (a) of this section, and the department does
				  not transfer any improvements to department property, then §
										27.13
				  of this subchapter (relating to Transfer of Toll Projects) does not apply. The
				  commission may, however, in its discretion, order the department to comply with
				  one or more of the requirements of §27.13.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter C - PRIVATE TOLL ROADS › Section 27.30 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Transportation Code, Chapter 362, provides that a private
					 entity or corporation may not construct any privately owned toll project which
					 connects to a road, bridge, or highway included in the state highway system
					 unless the project is approved by the Texas Transportation Commission and the
					 Texas Department of Transportation. The sections under this subchapter
					 prescribe the procedures and conditions by which a private entity or
					 corporation may obtain the approval of the commission and the
					 department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter C - PRIVATE TOLL ROADS › Section 27.31 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this subchapter
					 head, shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Applicant--A private
				  entity or corporation, authorized by law to construct a toll project, proposing
				  to construct a project which will connect to a road, bridge, or highway
				  included in the state highway system.
(2) Commission--The Texas Transportation
				  Commission.
(3) Department--The
				  Texas Department of Transportation.
(4) Design manuals--The latest editions of
				  the:
(A) operations and procedures manual of
				  the design division;
(B) operation
				  and planning manual of the design division;
(C) hydraulic manual of the design
				  division;
(D) Texas Manual on
				  Uniform Traffic Control Devices;
(E) standard highway sign designs for Texas;
				  and
(F) 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 C - PRIVATE TOLL ROADS › Section 27.32 - Preliminary Studies

Current through Reg. 49, No. 28; July 12, 2024
(a) Studies. Prior
				  to submitting an application to the department for the approval of a project,
				  an applicant shall conduct a feasibility study and a study of the social and
				  environmental impact of the project.
(1)
				  Feasibility study. An applicant shall conduct a feasibility study to determine
				  the financial viability of the proposed project. The study shall include:
(A) the proposed method for financing the
				  planning, design, construction, maintenance, and operation of the project;
				  and
(B) traffic data and
				  projections.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter C - PRIVATE TOLL ROADS › Section 27.33 - Application

Current through Reg. 49, No. 28; July 12, 2024
(a) To secure approval of a project, an
				  applicant must file an application with the department's executive director or
				  his or her designee who shall serve as department liaison for the project. The
				  application shall be in a form prescribed by the department, and must be
				  accompanied by the following items:
(1)
				  preliminary studies and the record and analysis of public involvement completed
				  in accordance with §
											27.32 of this
				  title (relating to Preliminary Studies);
(2) an analysis of project impact, which must
				  include the following:
(A) integration with
				  the state highway system and, if located within the jurisdiction of a
				  metropolitan planning organization in an urbanized area, certification from
				  that organization that the project is compatible with the existing regional
				  transportation plan;
(B) economic
				  impact based on a study assessing the potential impact of the project on the
				  economy of the region in which the project is to be located, including the
				  economies of each county in which the project is to be located and of the
				  municipalities within those counties; and
(C) impact on trade with Mexico, consisting
				  of an assessment of the potential impact of the project on the free flow of
				  trade between the Republic of Mexico and the State of Texas with respect to a
				  project located in whole or in part in a county adjacent to the border between
				  the state and the Republic of Mexico, or in a county adjacent to such a
				  county.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter C - PRIVATE TOLL ROADS › Section 27.34 - Project Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Field changes.
				  Any design field change during the course of construction shall be certified by
				  a professional engineer registered in Texas as being in conformance with the
				  department's design standards contained in the design manuals. A design field
				  change relating to the connection of the proposed project with the state
				  highway system must be approved by the department.
(b) As-built plans. Upon completion of
				  construction of the project the applicant shall file with the department a set
				  of the as-built plans incorporating any field changes during construction.
				  These plans with field changes shall be signed, sealed, and dated by a
				  professional engineer registered in Texas certifying that the project was
				  constructed in accordance with the plans and specifications.
(c) State and federal law. An applicant shall
				  comply with all federal and state laws and regulations applicable to the
				  project and shall provide or obtain all permits, plans, and other documentation
				  required by a federal, state, or local governmental entity.
(d) Speed limit. Upon completion of the
				  project, posted speed limits for the various categories of vehicles shall be
				  established in accordance with the procedures utilized by the department for
				  the state highway system, but in no case shall such limits exceed the maximum
				  prima facie speed limits prescribed by state law for a public road having the
				  same characteristics.
(e) Access.
				  For proposed projects which will provide new access to a roadway requiring
				  Federal Highway Administration (FHWA) approval of changes in access control,
				  the applicant shall submit to the department all data necessary to request FHWA
				  approval.
(f) Work on state
				  right-of-way. All work required within the limits of state owned right-of-way
				  shall be accomplished only pursuant to express written agreement with the
				  department and at the sole expense of the applicant. This work will include all
				  connections with, and necessary modifications to, state highways, and any
				  necessary preliminary engineering and construction inspection. The department
				  may, however, allow work to be accomplished by the applicant on appurtenant
				  facilities.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter C - PRIVATE TOLL ROADS › Section 27.35 - Hearing

Current through Reg. 49, No. 28; July 12, 2024
A public hearing held by the department for the purposes of
					 §
										27.33(b)
					 of this title (relating to Application) shall be conducted by the executive
					 director or his or her designee. Any persons, including, but not limited to,
					 official representatives of a county, municipality, metropolitan planning
					 organization, or other governmental entity, and any individual, group, or
					 association may provide comment.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter C - PRIVATE TOLL ROADS › Section 27.36 - Commission Action

Current through Reg. 49, No. 28; July 12, 2024
(a) Preliminary
				  approval.
(1) The commission may preliminarily
				  approve the construction of a project if it finds that the project:
(A) will be consistent with the state
				  transportation plan and an existing regional transportation plan developed by a
				  metropolitan planning organization, if any, of a municipality within whose
				  municipal limits or extraterritorial jurisdiction the proposed project is to be
				  located;
(B) will have no
				  significant overall adverse impact on the economy of the region in which the
				  project is to be located;
(C) will
				  have no significant overall adverse impact on the free flow of trade between
				  the Republic of Mexico and the State of Texas with respect to a project located
				  in whole or in part in a county adjacent to the border between the state and
				  the Republic of Mexico or in a county adjacent to such a county; and
(D) will produce the revenue sufficient to
				  finance the construction, maintenance, operation, design, and planning of the
				  project based upon accurate traffic data and projections.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter C - PRIVATE TOLL ROADS › Section 27.37 - Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a) If, subsequent to final commission
				  approval and prior to completion of the project, the applicant, for any reason,
				  fails or refuses to satisfy any requirement for commission approval of the
				  project, the applicant may not connect the project to any portion of the state
				  highway system.
(b) If, subsequent
				  to final commission approval and completion of the project, the applicant, for
				  any reason, fails or refuses to satisfy any requirement concerning the
				  operation and maintenance of the project, the department shall sever the
				  connection of the project to any portion of the state highway system and erect
				  such barriers or barricades as may be appropriate for such purpose.
(c) Prior to denying or severing connection
				  to a portion of the state highway system, the department will provide the
				  applicant written notice of noncompliance stating the reasons for denial or
				  severance. The applicant will be granted reasonable notice to bring the project
				  into compliance.
(d) An applicant
				  may appeal a decision under this section to deny or sever connection to a
				  portion of the state highway system by filing a petition for an administrative
				  hearing pursuant to §§
										1.21-1.61 of
				  this title (relating to Contested Case Procedure).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter D - REGIONAL TOLLWAY AUTHORITIES › Section 27.40 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Transportation Code, Chapter 366, authorizes two or more
					 counties, if one of the counties has a population of not less than 300,000 and
					 the counties form a contiguous territory, to create a regional tollway
					 authority for the purpose of the expansion and improvement of transportation
					 facilities and systems in this state. Unless one of the counties has a
					 population of two million or more, the creation of a regional tollway authority
					 requires that the counties gain the approval of the Texas Transportation
					 Commission. Transportation Code, §
										201.113
					 authorizes the Texas Transportation Commission and a regional tollway authority
					 to enter into an agreement for the improvement by a regional tollway authority
					 of portions of the state highway system. This subchapter prescribes the
					 policies and procedures governing commission approval of the creation of a
					 regional tollway authority and an improvement to the state highway system by a
					 regional tollway authority.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter D - REGIONAL TOLLWAY AUTHORITIES › Section 27.41 - 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) Commissioners Court--A county
				  commissioners court.
(3)
				  Department--The Texas Department of Transportation.
(4) Executive director--The chief
				  administrative officer of the department.
(5) Metropolitan Planning Organization--An
				  organization designated by the governor to carry out the transportation process
				  in prescribed urbanized areas as required by Title 23, United States Code,
				  §134.
(6) Turnpike project--A
				  highway of any number of lanes, with or without grade separations, owned,
				  operated or proposed by an existing or proposed regional tollway authority and
				  any improvement, extension, or expansion to that highway.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter D - REGIONAL TOLLWAY AUTHORITIES › Section 27.42 - Creation

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. Transportation Code, §
										366.031
				  authorizes two or more counties to create a regional tollway authority if: one
				  of the counties has a population of not less than 300,000; the counties form a
				  contiguous territory; and each county, acting through its respective
				  commissioners court, passes an order to propose creation of a regional tollway
				  authority. Unless one of the counties has a population of two million or more,
				  §366.031 requires the approval of the commission for the creation of a
				  regional tollway authority. This section prescribes the policies and procedures
				  governing commission approval of the creation of a regional tollway
				  authority.
(b) Application. To
				  secure commission approval under this section for the creation of a regional
				  tollway authority, the commissioners courts shall jointly submit to the
				  executive director, in a form prescribed by the department, a written request
				  for approval. The request shall be accompanied by:
(1) from each member county, each
				  incorporated city within those counties, and each metropolitan planning
				  organization with jurisdiction in those counties, a resolution of the entity's
				  governing body indicating its support;
(2) a description of how the existence of a
				  regional tollway authority would expand the availability of funding for
				  transportation projects or reduce direct state costs;
(3) a description of the first turnpike
				  project the regional tollway authority intends to undertake including, but not
				  limited to:
(A) an explanation of how the
				  project will be consistent with the appropriate policies, strategies and
				  actions of the statewide transportation plan and, if appropriate, with the
				  metropolitan transportation plan developed by the metropolitan planning
				  organization;
(B) if the project is
				  in a Clean Air Act nonattainment area, an explanation of how the project will
				  be consistent with the transportation air quality goals outlined in the State
				  Implementation Plan; and
(C) a
				  study of the potential social, economic, and environmental impacts of the
				  initial project.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 27 - TOLL PROJECTS › Subchapter D - REGIONAL TOLLWAY AUTHORITIES › Section 27.44 - Improvement of the State Highway System by Regional Tollway Authorities

Current through Reg. 49, No. 28; July 12, 2024
(a) Request. If requested by a regional
				  tollway authority, and approved as provided in this section, a regional tollway
				  authority may improve a segment of the state highway system. In this section,
				  improvement means construction, reconstruction, and maintenance, and the making
				  of a necessary plan or survey before beginning construction, reconstruction, or
				  maintenance, and includes a project or activity appurtenant to a state highway,
				  including drainage facilities, surveying, traffic counts, driveways,
				  landscaping, lights, or guardrails.
(b) Approval. Except as provided in
				  subsection (d) of this section, the commission may authorize a regional tollway
				  authority to provide for improvement of the state highway system if the
				  regional tollway authority commits in an agreement with the department to
				  comply with all applicable federal, state, and department requirements. In
				  approving a request from a regional tollway authority to provide for
				  improvement of the state highway system, the commission will consider:
(1) the capability of the regional tollway
				  authority to award and manage the construction contract in a timely manner
				  consistent with applicable federal and state laws and regulations;
(2) the need for expeditious project
				  completion;
(3) the cost
				  effectiveness of the regional tollway authority's proposal as compared to the
				  department's management of the project; and
(4) any other considerations relating to the
				  benefit of the state, the traveling public, and the operations 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 27.50 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Transportation Code, §
										222.103
					 authorizes the Texas Department of Transportation to participate, by spending
					 funds from any available source, in the cost of the acquisition, construction,
					 maintenance, or operation of a toll facility of a public or private entity, and
					 provides that the Texas Transportation Commission shall require the repayment
					 of any money spent. Transportation Code, §
										372.002
					 provides that notwithstanding any other law, a toll project entity is not
					 required to repay to the department any money contributed by the department as
					 participation in the cost of a toll project of the entity if (1) the funds are
					 held in a subaccount created under Transportation Code, §
										228.012 or
					 (2) a toll project entity commenced the environmental review process for the
					 project on or before January 1, 2014. This subchapter prescribes the policies
					 and procedures by which the department will participate in the cost of a toll
					 facility that is not under the jurisdiction of the
					 department.