reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter J - DESIGN CONSIDERATIONS › Section 15.120 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Transportation Code, §
										201.614
					 requires the department to consider various design factors when developing
					 transportation projects that involve the construction, reconstruction,
					 rehabilitation, or resurfacing of a highway, other than a maintenance
					 resurfacing project. This subchapter describes how those design factors will be
					 considered during the development of transportation projects in which the
					 department has design and construction or funding
					 responsibilities.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter J - DESIGN CONSIDERATIONS › Section 15.122 - Design Considerations

Current through Reg. 49, No. 28; July 12, 2024
The factors as provided in paragraph (1) of this section
					 will be considered when transportation projects are developed in order to
					 provide transportation systems and alternatives that are comfortable, safe,
					 durable, cost-effective, accessible, environmentally sensitive, aesthetically
					 pleasing, and that consider other transportation modes.
(1) Factors. The department, through a
				  district, local government or MPO, shall consider the following factors when
				  developing transportation projects:
(A) the
				  extent to which the project promotes safety;
(B) the durability of the project;
(C) the economy of maintenance of the
				  project;
(D) the impact of the
				  project on:
(i) the natural and artificial
				  environment;
(ii) the scenic and
				  aesthetic character of the area in which the project is located;
(iii) preservation efforts; and
(iv) each affected local community and its
				  economy;
(E) the access
				  for other modes of transportation, including those that promote physically
				  active communities; and
(F) except
				  for transportation projects that involve the rehabilitation or resurfacing of a
				  bridge or highway, the aesthetic character of the project, including input from
				  each affected local community.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter K - ROAD UTILITY DISTRICTS › Section 15.130 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Under Transportation Code, Chapter 441, the Texas
					 Transportation Commission must promulgate rules and supervise the creation and
					 operation of a road utility district (RUD). These rules establish the standards
					 under which the commission will discharge this
					 responsibility.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter K - ROAD UTILITY DISTRICTS › Section 15.134 - Operation

Current through Reg. 49, No. 28; July 12, 2024
(a) Required signs. Within 30 days after the
				  creation of a RUD, the RUD shall post signs indicating the existence of the RUD
				  at two or more principal entrances to the RUD. Detailed sign specifications can
				  be obtained from the executive director on request.
(b) Filings with the commission.
(1) Post-election report.
(A) Post-election filings. Within 30 days
				  after the election to confirm the creation of the RUD, the RUD shall file
				  reports with the commission and with the county clerks of each county in which
				  the RUD is located. These reports shall include:
(i) the name of the RUD;
(ii) a complete and accurate legal
				  description of the boundaries of the RUD;
(iii) the most recent rate of RUD taxes on
				  property located in the RUD;
(iv)
				  the total amount of bonds that have been approved by the voters and will be
				  issued by the RUD;
(v) the date on
				  which the election to confirm the creation of the RUD was held;
(vi) a statement of the functions performed
				  or to be performed by the RUD; and
(vii) a complete scale map or plat showing
				  the boundaries of the RUD.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter K - ROAD UTILITY DISTRICTS › Section 15.135 - Conveyance of Roads

Current through Reg. 49, No. 28; July 12, 2024
In a request for the commission to authorize conveyance of
					 a facility, the RUD shall submit a certified copy of the governmental entity's
					 approval of the conveyance and a certification by a licensed professional
					 engineer authorized to practice in Texas. The certification shall state that
					 the facility has been completed in accordance with all requirements and in
					 accordance with the approved plans.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter K - ROAD UTILITY DISTRICTS › Section 15.136 - Dissolution

Current through Reg. 49, No. 28; July 12, 2024
(a) A RUD may file a petition with the
				  commission setting forth grounds for its dissolution.
(b) A request for dissolution shall include a
				  certified financial statement and an auditor's opinion that all bonds have been
				  paid in full.
(c) The RUD shall
				  file any additional information requested by the commission.
(d) In considering the dissolution of a RUD,
				  the commission will consider all relevant factors. At a minimum, the commission
				  will consider the needs of the traveling public, the rights of third parties,
				  and the interests of local political subdivisions, including those who do not
				  fall under the definition of governmental entity in this subchapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter L - STATE SCENIC BYWAYS PROGRAM › Section 15.140 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Transportation Code, Chapter 391, Subchapter I, requires
					 the department to establish a State Scenic Byways Program. This subchapter sets
					 forth the procedures for the program.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter L - STATE SCENIC BYWAYS PROGRAM › Section 15.141 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1)
				  Department--The Texas Department of Transportation.
(2) National Scenic Byway--A roadway
				  designated as a National Scenic Byway by the Federal Highway Administration
				  under Title 23, §162, United States Code.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter L - STATE SCENIC BYWAYS PROGRAM › Section 15.142 - State Scenic Byways Program

Current through Reg. 49, No. 28; July 12, 2024
(a) The State
				  Scenic Byways Program works in conjunction with the national scenic byways
				  program, 23 U.S.C. § 162 and guidance for that program from the federal
				  highway administration.
(b) To be a
				  State Scenic Byway, a highway must be described by Transportation Code, §
				  391.252, and designated by the department as a State Scenic Byway under this
				  subchapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter L - STATE SCENIC BYWAYS PROGRAM › Section 15.143 - Eligible Entity

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible
				  to participate in the State Scenic Byways Program, an entity must be:
(1) a political subdivision; or
(2) a community group that is approved by the
				  department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter L - STATE SCENIC BYWAYS PROGRAM › Section 15.144 - Scenic Byways Application Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  State Scenic Byways Application. An eligible entity may submit to the
				  department an application for the designation of a highway as a State Scenic
				  Byway in the form prescribed by the department.
(b) Concurrence. Before the department may
				  designate a highway as a State Scenic Byway, the applicant must obtain
				  concurrence from each governmental entity that has jurisdiction over the
				  highway that is subject to the application.
(c) National Scenic Byway Applications.
				  Subject to Federal Highway Administration notice and after a highway is
				  designated as a State Scenic Byway, an eligible entity may submit to the
				  department:
(1) an application for designation
				  of the State Scenic Byway as a National Scenic Byway; or
(2) an application for a National Scenic
				  Byway grant for a project on the State Scenic Byway.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter L - STATE SCENIC BYWAYS PROGRAM › Section 15.145 - Matching Funds

Current through Reg. 49, No. 28; July 12, 2024
An eligible entity under the program may pay for the costs
					 of a project that are not covered by a grant made under
					 23 U.S.C. §
											162. The department may use money from the
					 state highway fund for a project that receives a grant made under
					 23 U.S.C. §
											162 only to satisfy the state matching fund
					 requirements for the grant.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter L - STATE SCENIC BYWAYS PROGRAM › Section 15.146 - Outdoor Advertising Prohibited

Current through Reg. 49, No. 28; July 12, 2024
In accordance with § 21.145 of this title (relating to
					 Prohibited Signs), Transportation Code, §
										391.252, and 23
					 U.S.C. § 131(s), outdoor advertising on a State Scenic Byway is
					 prohibited.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter L - STATE SCENIC BYWAYS PROGRAM › Section 15.147 - Removal of Designation

Current through Reg. 49, No. 28; July 12, 2024
The department may remove a State Scenic Byway designation
					 if the department determines that the highway no longer meets the criteria for
					 designation under the national scenic byways program provided by
					 23 U.S.C. §
											162.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter N - STATE HIGHWAY PROJECTS FINANCED THROUGH THE ISSUANCE OF BONDS AND OTHER PUBLIC SECURITIES › Section 15.170 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Transportation Code, §
										222.003,
					 allows the Texas Transportation Commission to issue bonds and other public
					 securities secured by a pledge of and payable from revenue deposited to the
					 credit of the state highway fund. Proceeds from the sale of these bonds and
					 other public securities must be used to fund state highway improvement
					 projects, subject to the limitations provided in that section. This subchapter
					 describes the criteria and policies that will be used to select
					 projects.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter N - STATE HIGHWAY PROJECTS FINANCED THROUGH THE ISSUANCE OF BONDS AND OTHER PUBLIC SECURITIES › Section 15.172 - Use of Proceeds

Current through Reg. 49, No. 28; July 12, 2024
(a) Transportation
				  Code, §
										222.003(e)
				  establishes certain prohibitions on the use of proceeds from the sale of the
				  bonds.
(b) The proceeds of the
				  bonds authorized by Transportation Code, §
										222.003
				  shall be used to fund state highway improvement projects. Transportation Code,
				  §
										222.003(d),
				  allocates a specified portion of those proceeds to safety projects.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter N - STATE HIGHWAY PROJECTS FINANCED THROUGH THE ISSUANCE OF BONDS AND OTHER PUBLIC SECURITIES › Section 15.173 - State Highway Improvement Projects

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Eligibility. Projects or programs contained in the department's Unified
				  Transportation Program are eligible for funding.
(b) Selection criteria. The department will
				  consider one or more of the following criteria in selecting projects for
				  funding under this section:
(1) the potential
				  of the project to improve mobility;
(2) the potential of the project to maintain
				  and preserve the existing transportation system;
(3) the anticipated time required to complete
				  the candidate project;
(4)
				  adherence to all accepted department design standards as well as applicable
				  state and federal law and regulation;
(5) feasibility of the project;
(6) traffic volume; and
(7) the potential of the project to qualify
				  as a safety project.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter N - STATE HIGHWAY PROJECTS FINANCED THROUGH THE ISSUANCE OF BONDS AND OTHER PUBLIC SECURITIES › Section 15.174 - Safety Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) Eligibility.
				  Safety projects are eligible for funding, and include:
(1) projects submitted under the guidelines
				  of the department's Hazard Elimination Program designed to reduce the number
				  and severity of traffic accidents;
(2) projects designed to increase the width
				  of narrow two-lane highways to a width of 24 feet or greater;
(3) expansion of undivided highways on the
				  Texas Highway Trunk System to four-lane divided highways;
(4) construction of grade separations at
				  highway intersections;
(5)
				  construction of railroad grade separations eliminating at-grade rail/highway
				  intersections by adding new railroad overpasses or underpasses;
(6) the installation of median traffic
				  barriers;
(7) treatment or removal
				  of roadside fixed objects that may create a roadway safety hazard such as sign
				  or traffic signal supports, lighting supports, vegetation, mailboxes, barriers,
				  bridge rails, fences, culverts, ditches, curbs, embankments, and other items
				  located in the state highway right of way;
(8) improvements at rail/highway at-grade
				  crossings, including active warning devices such as crossing gates, lights, and
				  warning bells;
(9) the installation
				  of sidewalks on state highway right of way to improve pedestrian safety and
				  mobility;
(10) intersection
				  improvements designed to improve pedestrian safety such as the installation of
				  curb ramps;
(11) the installation
				  of turn lanes at highway intersections;
(12) the improvement of geometrics, signal
				  timing, and other general infrastructure improvements to
				  intersections;
(13) the
				  installation or improvement of traffic signals, flashing beacons, and other
				  traffic control devices;
(14) the
				  installation or improvement of safety appurtenances; and
(15) the conversion of two-way frontage roads
				  to one-way frontage roads.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter O - COUNTY TRANSPORTATION INFRASTRUCTURE FUND GRANT PROGRAM › Section 15.180 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Transportation Code, Chapter 256, Subchapter C, requires
					 the department to establish and administer a grant program that provides
					 funding to counties for transportation infrastructure projects located in areas
					 of the state affected by increased oil and gas production. This subchapter sets
					 forth the procedures for submission and review of applications, the allocation
					 of funds to eligible counties, and the reimbursement to counties of allowable
					 costs incurred under the grant program.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter O - COUNTY TRANSPORTATION INFRASTRUCTURE FUND GRANT PROGRAM › Section 15.181 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1)
				  Commission--The Texas Transportation Commission.
(2) Department--The Texas Department of
				  Transportation.
(3) District--One
				  of the geographic areas into which the department is divided in order to
				  conduct its primary work activities.
(4) Executive director--The executive
				  director of the department, or the executive director's designee.
(5) Fund--The transportation infrastructure
				  fund established under Transportation Code, Chapter 256, Subchapter
				  C.
(6) Transportation
				  infrastructure project--The planning for, construction of, reconstruction of,
				  or maintenance of transportation infrastructure, including roads, bridges, and
				  culverts, intended to alleviate degradation caused by the exploration,
				  development, or production of oil or gas. The term includes work intended to
				  prevent or reduce further damage to a road and the lease or rental of equipment
				  used for road maintenance.
(7)
				  Weight tolerance permit--A permit issued under Transportation Code, Chapter 623
				  authorizing a vehicle to exceed maximum legal weight limitations.
(8) Well completion--The completion, reentry,
				  or recompletion of an oil or gas well as documented by the well operator's
				  initial submission to the Railroad Commission of Texas of a report containing
				  that information.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter O - COUNTY TRANSPORTATION INFRASTRUCTURE FUND GRANT PROGRAM › Section 15.182 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
To be eligible for a grant from the fund, a county must be
					 entirely or partially in an area affected by increased oil and gas
					 production.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter O - COUNTY TRANSPORTATION INFRASTRUCTURE FUND GRANT PROGRAM › Section 15.183 - Matching Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) Amount. To
				  receive money from the fund a county must provide matching funds in an amount
				  at least equal to:
(1) 20 percent of the
				  amount of the grant; or
(2) if the
				  county is an economically disadvantaged county, as defined in Transportation
				  Code, §
											222.053,
				  10 percent of the amount of the grant.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter O - COUNTY TRANSPORTATION INFRASTRUCTURE FUND GRANT PROGRAM › Section 15.184 - Award

Current through Reg. 49, No. 28; July 12, 2024
(a) Mandatory award. The department will
				  award a grant from the fund to each eligible county that submits a valid
				  application in accordance with §
										15.188 of
				  this subchapter (relating to Application Procedure).
(b) Amount. The department will determine the
				  amount of the award in accordance with the allocations under §
										15.185 and
				  §
										15.186 of
				  this subchapter (relating to Allocation to Counties and Calculation of Award,
				  respectively) and will pay the amount as described by §
										15.192 of this
				  subchapter (relating to Payment of Money).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter O - COUNTY TRANSPORTATION INFRASTRUCTURE FUND GRANT PROGRAM › Section 15.185 - Allocation to Counties

Current through Reg. 49, No. 28; July 12, 2024
The department will allocate the total amount awarded from
					 the fund during a state fiscal year in accordance with Transportation Code,
					 §
										256.103(b).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter O - COUNTY TRANSPORTATION INFRASTRUCTURE FUND GRANT PROGRAM › Section 15.186 - Calculation of Award

Current through Reg. 49, No. 28; July 12, 2024
(a) Allocation of
				  excess. If the department determines that the total amount of funds allocated
				  to one or more counties under §
										15.185 of
				  this subchapter (relating to Allocation to Counties) exceeds the amount
				  requested in the county's application, the department will total all of those
				  excess amounts. The department will, as an additional step in the allocation
				  process for the same designated period, reallocate that total in accordance
				  with the procedures in §
										15.185 of
				  this subchapter as if it were the initial allocation, except that the counties
				  whose requested amounts have been satisfied will not be considered for the
				  purposes of the reallocation.
(b)
				  Award. The addition of any excess amounts to a county's initial allocation will
				  constitute the total amount of the grant award to that county for the
				  designated period; provided, however, that a county's grant award for any
				  designated period may not exceed the amount requested in its
				  application.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter O - COUNTY TRANSPORTATION INFRASTRUCTURE FUND GRANT PROGRAM › Section 15.187 - Acceptance of Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) Request for
				  applications. From time to time the commission may designate a period during
				  which the department will accept applications for grants from the fund and, for
				  each designated period, prescribe conditions for submission.
(b) Notice. The department will publish
				  notice of the request for applications on the department's website and will
				  provide a written notice to the county judge of each county in the state. The
				  notice will specify:
(1) the period of time
				  for submitting applications;
(2)
				  the estimated total amount of money available for grants from the fund for the
				  designated period;
(3) the
				  estimated allocation for each county in the state based on the allocation
				  formula described in §
											15.185 of
				  this subchapter (relating to Allocation to Counties) using the assumption that
				  all counties will be eligible and apply; and
(4) any additional conditions for
				  submission.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter O - COUNTY TRANSPORTATION INFRASTRUCTURE FUND GRANT PROGRAM › Section 15.188 - Application Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) Application
				  form. An eligible county may submit to the department an application for a
				  grant from the fund.
(1) The application must
				  be submitted electronically using the department's automated system designated
				  for the grant program.
(2) A county
				  is responsible for obtaining its use of a computer system and access to the
				  Internet.
(3) Upon request, a
				  county may use the department's computer system at any district office
				  location.
(4) For an application to
				  be valid, the county must submit the application during a period designated
				  under §15.187 of this sub-chapter (relating to Acceptance of Applications)
				  and satisfy the requirements of this section.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter O - COUNTY TRANSPORTATION INFRASTRUCTURE FUND GRANT PROGRAM › Section 15.189 - Review of Application

Current through Reg. 49, No. 28; July 12, 2024
(a) Preliminary
				  review. The department will conduct a preliminary review of each timely
				  submitted application within 14 days after the date of receipt of the
				  application and will notify the applicant in writing if any required
				  information is missing. The applicant must correct the deficiency on or before
				  the later of the deadline for submitting applications or the 14th day after the
				  date of receipt of a deficiency notice. When the application is complete, the
				  department will notify the applicant in writing.
(b) Department review. The department will
				  complete the review of each valid application before the 31st day after the
				  date that the department receives the application unless additional time is
				  needed, in which event the executive director may extend the period up to the
				  60th day after the date of receipt of the application by providing written
				  notice of the extension to the applicant.
(c) Additional considerations. In reviewing
				  an application, the department will:
(1) seek
				  other potential sources of funding to maximize resources available for the
				  transportation infrastructure projects to be funded by the requested grant;
				  and
(2) consult related
				  transportation planning documents to improve project efficiency and to work
				  effectively in partnership with the county.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter O - COUNTY TRANSPORTATION INFRASTRUCTURE FUND GRANT PROGRAM › Section 15.190 - Notice of Award

Current through Reg. 49, No. 28; July 12, 2024
The department will provide a written notice to each
					 applicant that states the amount of the grant awarded from the fund or stating
					 the reasons for denial of the grant.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter O - COUNTY TRANSPORTATION INFRASTRUCTURE FUND GRANT PROGRAM › Section 15.191 - Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) Requirement; content. Before receiving a
				  grant from the fund, a county must enter into an agreement with the department
				  under this section. The agreement must include, in addition to other
				  provisions, a commitment by the county to:
(1) place the transportation infrastructure
				  project on the county road system, if it is a county road not already on the
				  system;
(2) expend grant money
				  received only on allowable costs as provided in §
											15.192 of this subchapter
				  (relating to Payment of Money);
(3)
				  comply with all applicable federal, state, and local environmental laws and
				  regulations and permitting requirements;
(4) maintain the road after completion of the
				  proposed work, if it is a county road;
(5) contribute to the department for each
				  transportation infrastructure project located on the state highway system, from
				  the amount awarded to the county from the fund and the county's matching funds,
				  if applicable, an amount equal to the allowable costs, as defined by §
											15.192 of this subchapter,
				  incurred by the department for that project; and
(6) satisfy the requirements applicable to
				  the county under Transportation Code, §
											256.107 and
				  §
											256.108.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter O - COUNTY TRANSPORTATION INFRASTRUCTURE FUND GRANT PROGRAM › Section 15.192 - Payment of Money

Current through Reg. 49, No. 28; July 12, 2024
(a) Allowable
				  costs. A county may receive money from the fund only as reimbursement of
				  allowable costs related to the transportation infrastructure projects listed in
				  accordance with this subchapter. Allowable costs are the necessary project
				  related expenditures properly attributable to the work performed.
(1) The county must request reimbursement
				  using the forms and procedures specified by the department.
(2) Reimbursement will be made in accordance
				  with generally accepted cost accounting practices on the basis of direct and
				  related indirect costs that are incurred after the department makes the grant
				  award under §
											15.190
				  of this subchapter (relating to Notice of Award).
(3) The department, on the request of a
				  county, will make intermediate payments not more often than monthly.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter O - COUNTY TRANSPORTATION INFRASTRUCTURE FUND GRANT PROGRAM › Section 15.193 - Certification of Completion

Current through Reg. 49, No. 28; July 12, 2024
Within 60 days after the date of completion of a listed
					 transportation infrastructure project, a county receiving a grant from the fund
					 must submit a written certification that it has complied with the requirements
					 of this subchapter, including a certification that the project has been
					 constructed in accordance with the applicable requirements. The certification
					 must describe the allowable costs for the project and the amount reimbursed
					 from the fund.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter O - COUNTY TRANSPORTATION INFRASTRUCTURE FUND GRANT PROGRAM › Section 15.194 - Use of Unexpended Funds

Current through Reg. 49, No. 28; July 12, 2024
If allocated funds remain after reimbursement of all of a
					 county's listed transportation infrastructure projects, the county may use the
					 unexpended balance for any transportation project in the county if within one
					 year after the date of submission of the written certification required by
					 §
										15.193
					 of this subchapter (relating to Certification of Completion), the county
					 submits in writing to the department a proposed amendment to the agreement
					 under §
										15.191 of
					 this subchapter (relating to Agreement) that identifies the additional project
					 and contains the information required by §
										15.188(b)(2) and
					 (4) of this subchapter (relating to
					 Application Procedure) for that project, and the department and county execute
					 the proposed amendment.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter O - COUNTY TRANSPORTATION INFRASTRUCTURE FUND GRANT PROGRAM › Section 15.195 - Enforcement; Notice of Failure to Comply

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The executive director may:
(1) prohibit a
				  county from participating in the program under this subsection if the executive
				  director determines that the county has not complied with one or more material
				  requirements of this subchapter;
(2) prohibit a county from participating in
				  the program under this subsection until the executive director determines that
				  the county has complied with all material requirements of this subchapter;
				  or
(3) remove a project from
				  participation in the program under this subsection if work on the project is
				  not begun within three years after the date of the agreement under §
											15.191 of
				  this subchapter (relating to Agreement) or within another reasonable period
				  that is agreed to by the department and the county.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter O - COUNTY TRANSPORTATION INFRASTRUCTURE FUND GRANT PROGRAM › Section 15.196 - Reimbursement

Current through Reg. 49, No. 28; July 12, 2024
If a county commences performance on a transportation
					 infrastructure project but fails to complete the project, the department may
					 seek reimbursement of all grant money received by the county for that project.
					 Any money recovered under this section will be deposited to the credit of the
					 fund.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter P - SHIP CHANNEL IMPROVEMENT REVOLVING LOAN PROGRAM › Section 15.250 - Purpose; Delegation Authority

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Transportation Code, Chapter 56, establishes the ship channel improvement
				  revolving fund as an account in the general revenue fund, to be administered by
				  the commission. The Ship Channel Improvement Revolving Loan Program is
				  established to use money from the fund to provide loans for qualified projects
				  as authorized under Transportation Code, Chapter 56.
(b) The executive director may delegate to a
				  department employee any power or duty assigned to the executive director by
				  this subchapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter P - SHIP CHANNEL IMPROVEMENT REVOLVING LOAN PROGRAM › Section 15.251 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1)
				  Commission--The Texas Transportation Commission.
(2) Department--The Texas Department of
				  Transportation.
(3) Executive
				  director--The executive director of the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter P - SHIP CHANNEL IMPROVEMENT REVOLVING LOAN PROGRAM › Section 15.252 - Eligible Applicant

Current through Reg. 49, No. 28; July 12, 2024
The department will accept an application under this
					 subchapter only from an entity that is responsible for providing revenue or
					 security for the local share of qualified project costs.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter P - SHIP CHANNEL IMPROVEMENT REVOLVING LOAN PROGRAM › Section 15.253 - Qualified Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) To qualify for
				  a loan under this subchapter, a project must:
(1) deepen or widen a ship channel;
				  and
(2) be authorized by the United
				  States Congress.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter P - SHIP CHANNEL IMPROVEMENT REVOLVING LOAN PROGRAM › Section 15.254 - Application Procedures

Current through Reg. 49, No. 28; July 12, 2024
To apply for a loan under this subchapter, an applicant
					 must submit to the executive director an application in a form prescribed by
					 the department and any other information that may be required by the
					 department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter P - SHIP CHANNEL IMPROVEMENT REVOLVING LOAN PROGRAM › Section 15.255 - Department Action

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  will review an application submitted under this subchapter to ensure that
				  sufficient information has been provided to support the eligibility of the
				  applicant and the project, and advise the applicant of any required information
				  or data that is missing.
(b) When
				  the application is complete, the executive director will submit findings and
				  recommendations to the commission for consideration as soon as
				  practicable.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter P - SHIP CHANNEL IMPROVEMENT REVOLVING LOAN PROGRAM › Section 15.256 - Commission Action

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  will consider the executive director's findings and recommendations.
(b) The commission may approve an application
				  only if the application is from an eligible applicant for a qualified project
				  as defined in this subchapter.
(c)
				  The commission will approve or disapprove an application under this subchapter
				  by minute order that includes the rationale, findings, and conclusions on which
				  approval or disapproval is based.
(d) Nothing in this subchapter is intended to
				  require the approval of a request made under this subchapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter P - SHIP CHANNEL IMPROVEMENT REVOLVING LOAN PROGRAM › Section 15.257 - Compliance Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) An entity that
				  receives a loan under this subchapter shall comply with applicable state and
				  federal law in the performance of work on a project for which proceeds from a
				  loan under this subchapter are used.
(b) The entity shall maintain its books and
				  records related to the project in accordance with generally accepted accounting
				  principles and with all other applicable federal and state
				  requirements.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter P - SHIP CHANNEL IMPROVEMENT REVOLVING LOAN PROGRAM › Section 15.258 - Audits and Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) An entity that
				  receives a loan under this subchapter shall have an audit prepared annually by
				  a certified public accountant in accordance with generally accepted auditing
				  standards and with all other applicable federal and state requirements. The
				  entity shall cause the auditor to provide a full copy of the audit report and
				  any other management letters or auditor's comments directly to the department
				  within 30 days after the report and information have been provided to the
				  governing body of the entity.
(b)
				  An entity that receives a loan under this subchapter, on request of the
				  department and at the entity's cost, shall provide to the department:
(1) in a format acceptable to the department,
				  an annual report listing project expenditures, providing an accounting of
				  proceeds of a loan under this subchapter, and providing any other information
				  requested by the department; and
(2) a copy of any report the entity is
				  required to provide to a local, state, or federal agency.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter P - SHIP CHANNEL IMPROVEMENT REVOLVING LOAN PROGRAM › Section 15.259 - Document Retention and Access

Current through Reg. 49, No. 28; July 12, 2024
Unless the department in writing provides a shorter period,
					 the entity shall retain and hold open for state or federal audits all original
					 project files, records, accounts, and supporting documents until the later of
					 the date that:
(1) the project is
				  completed;
(2) all loans under this
				  subchapter have been repaid; or
(3)
				  the retention period required by applicable federal and state law
				  ends.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter P - SHIP CHANNEL IMPROVEMENT REVOLVING LOAN PROGRAM › Section 15.260 - Financial and Credit Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  entity that receives a loan under this subchapter shall repay the loan
				  according to terms specified by the commission.
(b) An entity that receives a loan under this
				  subchapter shall submit to the department the annual operating and capital
				  budgets adopted by the governing body of the entity for each fiscal year that a
				  loan under this subchapter is outstanding and any amended or supplemental
				  operating or capital budget approved by the governing body of the entity. Such
				  a document must be certified as correct by the entity's chief administrative
				  officer or chief financial officer. The entity shall deliver the document to
				  the department within 30 days of the date of its adoption or
				  approval.
(c) For any debt payable
				  from the same revenue source as that used to repay a loan under this
				  subchapter, the entity that receives the loan, within 30 days after the date
				  that the entity submits to the Electronic Municipal Market Access System (EMMA)
				  of the Municipal Securities Rulemaking Board a notice of a material event
				  required to be disclosed under Rule 15c2-12 of the United States Securities and
				  Exchange Commission (17 C.F.R. § 240.15c2-12), shall submit to the
				  department a written document that states that the entity has made the
				  submission to EMMA.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter P - SHIP CHANNEL IMPROVEMENT REVOLVING LOAN PROGRAM › Section 15.261 - Delivery of Documents After Project Completion

Current through Reg. 49, No. 28; July 12, 2024
An entity that receives a loan under this subchapter, on
					 completion of the project, shall forward to the department all project files
					 and reports as requested by the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter P - SHIP CHANNEL IMPROVEMENT REVOLVING LOAN PROGRAM › Section 15.262 - Agreements

Current through Reg. 49, No. 28; July 12, 2024
(a) Form of agreement. An agreement
				  evidencing a loan may be in the form of:
(1)
				  a contract or similar document;
(2)
				  a bond, note, or other obligation issued by the applicant; or
(3) a loan structure similar to a line of
				  credit.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 16 - PLANNING AND DEVELOPMENT OF TRANSPORTATION PROJECTS › Subchapter A - GENERAL PROVISIONS › Section 16.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
It is in the interest of the State of Texas to encourage
					 and promote the safe and efficient management, operation, and development of
					 transportation systems that will serve the mobility needs of people and
					 movement of freight, and foster economic growth and development in both rural
					 and urbanized areas of the state, while minimizing transportation related air
					 pollution. These goals can be advanced through a continuing, cooperative, and
					 comprehensive transportation planning process that includes the state,
					 metropolitan, rural, rail, and public transportation organizations, and
					 promotes plans, programs, and policies that consider all transportation modes
					 and support community development and social goals. This chapter prescribes
					 minimum standards for metropolitan and rural transportation planning and
					 program development, describes how the state and planning organizations will
					 develop coordinated transportation planning processes, plans, and programs, and
					 ensures the eligibility of the state to continue to receive federal
					 transportation funds. The ultimate goal is to establish a transparent,
					 well-defined, and understandable system of planning and programming that
					 integrates priorities, financial forecasts, and project
					 milestones.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 16 - PLANNING AND DEVELOPMENT OF TRANSPORTATION PROJECTS › Subchapter A - GENERAL PROVISIONS › Section 16.3 - Applicability of Chapter; Effect of Conflict with Other Law

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. The provisions of this
				  chapter apply to the department, all metropolitan planning organizations
				  serving urbanized areas as defined by the U.S. Bureau of the Census with
				  populations of at least 50,000, as well as rural planning organizations and
				  appropriate federally-funded public transportation operators as defined by 23
				  C.F.R. Part 450.
(b) Relationship
				  to federal law and regulations. This chapter incorporates by reference federal
				  transportation planning laws and regulations. If a provision of this chapter
				  conflicts with federal law or regulation, the federal law controls to the
				  extent of the conflict.