reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter E - RAIL FIXED GUIDEWAY SYSTEM STATE SAFETY OVERSIGHT PROGRAM › Section 7.83 - Public Transportation Agency Safety Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) A transit agency, other than a small
				  public transportation provider governed by Title 43, Chapter 31 of the Texas
				  Administrative Code, must, by July 20, 2020, establish a public transportation
				  agency safety plan that meets the requirements of 49 C.F.R. Part 673, and that
				  at a minimum, satisfies the requirements of this subsection.
(1) The public transportation agency safety
				  plan, and subsequent updates, must be signed by the accountable executive and
				  approved by the agency's board of directors, or an equivalent
				  authority.
(2) The public
				  transportation agency safety plan must document the processes and activities
				  related to safety management system implementation.
(3) The public transportation agency safety
				  plan must include performance targets based on the safety performance measures
				  established under the National Public Transportation Safety Plan.
(4) The public transportation agency safety
				  plan must address all applicable requirements and standards as set forth in
				  FTA's Public Transportation Safety Program and the National Public
				  Transportation Safety Plan. Compliance with the minimum safety performance
				  standards authorized under
				  49 U.S.C. §
												5329(b)(2)(C) is not
				  required until standards have been established through the public notice and
				  comment process.
(5) Each transit
				  agency must establish a process and timeline for conducting an annual review
				  and update of the public transportation agency safety plan.
(6) A rail transit agency must include or
				  incorporate by reference in its public transportation agency safety plan an
				  emergency preparedness and response plan or procedures that address, at a
				  minimum, the assignment of employee responsibilities during an emergency and
				  coordination with Federal, State, regional, and local officials with roles and
				  responsibilities for emergency preparedness and response in the transit
				  agency's service area.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter E - RAIL FIXED GUIDEWAY SYSTEM STATE SAFETY OVERSIGHT PROGRAM › Section 7.84 - Hazard Management Process

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
				  rail transit agency shall develop, and document in its system safety program
				  plan, a process to identify and resolve hazards during its operation, including
				  any hazards resulting from a subsequent system extension, rehabilitation, or
				  modification, from operational changes, or from other changes within the rail
				  transit environment.
(b) The hazard
				  management process must, at a minimum:
(1)
				  define the rail transit agency's approach to hazard management and the
				  implementation of an integrated system-wide hazard resolution
				  process;
(2) specify the mechanisms
				  used for the on-going identification of hazards;
(3) define the process used to evaluate
				  identified hazards and prioritize them for elimination or control;
(4) identify the mechanism used to track
				  through resolution the identified hazards;
(5) define minimum thresholds for the
				  notification and reporting of hazards to the department; and
(6) specify the process used by the rail
				  transit agency to provide on-going reporting of hazard resolution activities to
				  the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter E - RAIL FIXED GUIDEWAY SYSTEM STATE SAFETY OVERSIGHT PROGRAM › Section 7.85 - New State Rail Transit Agency Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) A rail transit agency may not begin
				  operation before a system safety program plan is approved by the
				  department.
(b) Each new rail
				  transit agency is required to submit its system safety program plan to the
				  department not later than 180 days before the target date of pre-revenue
				  operations.
(c) The department will
				  conduct an on-site pre-revenue review of each new rail transit agency's system
				  safety program plan within 60 days after the date that the plan is received by
				  the department under subsection (b) of this section.
(d) The department may request additional
				  information or clarification related to, or revisions of, the system safety
				  program plan.
(e) On approval, the
				  department will issue to the chief executive of the rail transit agency a
				  formal letter of approval of the initial system safety program plan.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter E - RAIL FIXED GUIDEWAY SYSTEM STATE SAFETY OVERSIGHT PROGRAM › Section 7.86 - Modifications to a System Safety Program Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) If a rail transit agency determines, or
				  is notified by the department, that the safety program plan needs to be
				  modified, the rail transit agency shall submit the modified plan and any
				  subsequently modified procedures to the department for review and
				  approval.
(b) Except as provided by
				  subsection (c) of this section, the rail transit agency may not implement the
				  proposed modifications before the modified plan is approved by the
				  department.
(c) If the rail transit
				  agency determines that a modification is necessary to address an imminent
				  safety hazard, the rail transit agency may make a temporary modification to its
				  system safety program plan before that modification is approved by the
				  department, but the modification must be approved by the department before it
				  may become permanent.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter E - RAIL FIXED GUIDEWAY SYSTEM STATE SAFETY OVERSIGHT PROGRAM › Section 7.87 - Rail Transit Agency's Annual Review

Current through Reg. 49, No. 28; July 12, 2024
(a) Annually, each rail transit agency shall
				  conduct an internal review of its system safety program plan to ensure that all
				  elements of the system safety program plan are performing as
				  intended.
(b) The internal review
				  process must, at a minimum:
(1) describe the
				  process used by the rail transit agency to determine if all identified elements
				  of its system safety program plan are performing as intended;
(2) ensure that all elements of the system
				  safety program plan are reviewed in an ongoing manner; and
(3) include checklists or procedures that the
				  rail transit agency will use for the review.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter E - RAIL FIXED GUIDEWAY SYSTEM STATE SAFETY OVERSIGHT PROGRAM › Section 7.88 - Department System Safety Program Plan Audit

Current through Reg. 49, No. 28; July 12, 2024
(a) The department will conduct an audit of
				  the rail transit agency at least once every three years. The audit will
				  evaluate whether the rail transit agency has implemented a system safety
				  program plan that meets the requirements of 49 C.F.R. Part 659, 49 C.F.R. Part
				  674.27, the department's program standards, and the National Public
				  Transportation Safety Plan and whether the rail transit agency complies with
				  the plan.
(b) The department will
				  provide an audit checklist based on the required elements of the system safety
				  program plan.
(c) The department
				  will verify the required elements by;
(1)
				  interviews;
(2) document
				  review;
(3) field
				  observations;
(4)
				  testing;
(5)
				  measurements;
(6) spot checks;
				  and
(7) demonstrations provided by
				  the rail transit agency staff.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter E - RAIL FIXED GUIDEWAY SYSTEM STATE SAFETY OVERSIGHT PROGRAM › Section 7.89 - Accident Notification

Current through Reg. 49, No. 28; July 12, 2024
(a) Each rail
				  transit agency shall notify the department and FTA within two hours of any
				  accident involving a rail transit vehicle or taking place on property used by
				  rail transit agency if the accident:
(1)
				  results in a fatality at the scene;
(2) results in one or more persons suffering
				  serious injury;
(3) results in
				  property damage from a collision involving a rail transit vehicle or derailment
				  of a rail transit vehicle;
(4)
				  results in an evacuation for life safety reasons;
(5) is a collision at a grade crossing
				  resulting in serious injury or a fatality;
(6) is a main-line or yard
				  derailment;
(7) is a collision with
				  an individual resulting in serious injury or a fatality;
(8) is a collision with an object resulting
				  in serious injury or a fatality;
(9) is a runaway train;
(10) is a fire resulting in a serious injury
				  or a fatality; or
(11) is a
				  collision between rail transit vehicles.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter E - RAIL FIXED GUIDEWAY SYSTEM STATE SAFETY OVERSIGHT PROGRAM › Section 7.90 - Accident Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  department will investigate any accident that is required to be reported under
				  §7.89(a), (b) and (d) of this subchapter (relating to Accident
				  Notification).
(b) The department
				  may authorize the rail transit agency to conduct the investigation on the
				  department's behalf or may join the investigation being conducted by the
				  National Transportation Safety Board through the NTSB's Party System.
(c) If the department authorizes the rail
				  transit agency to conduct the investigation, all personnel and contractors in
				  the investigation must be trained in accordance with the Public Transportation
				  Safety Certification Program and department approved procedures shall be
				  followed.
(d) An investigation
				  conducted by a rail transit agency shall be documented in a final report and
				  submitted to the department within 30 days after the date of the accident. The
				  final report must be in the form prescribed in the department's program
				  standard.
(e) If the department
				  does not agree with the rail safety agency's accident report, the department
				  will conduct an accident investigation and will issue a separate accident
				  report.
(f) The department may
				  conduct an independent accident investigation for any accident required to be
				  reported under §7.89(a),(b) and (d) of this subchapter. The rail transit
				  agency shall provide all information and access to all property necessary for
				  the department to conduct the investigation. The department's investigation
				  report will be submitted to the rail transit agency within 45 days after the
				  date of the completion of the report.
(g) If the National Transportation Safety
				  Board conducts the accident investigation, the department and the rail transit
				  agency shall cooperate and provide information to the board when
				  requested.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter E - RAIL FIXED GUIDEWAY SYSTEM STATE SAFETY OVERSIGHT PROGRAM › Section 7.91 - Corrective Action Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) Each rail
				  transit agency shall develop a corrective action plan for:
(1) results from investigations in which
				  identified causal and contributing factors are determined by the rail transit
				  agency or the department to require corrective actions; and
(2) findings from safety and security reviews
				  performed by the department that require corrective action.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter E - RAIL FIXED GUIDEWAY SYSTEM STATE SAFETY OVERSIGHT PROGRAM › Section 7.92 - Administrative Actions by the Department

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  the department determines that a rail transit agency violates this subchapter,
				  49 C.F.R. Part 659, 49 C.F.R. Part 674.27, or Transportation Code, Chapter 455,
				  the department may initiate an administrative action.
(b) The department will notify the rail
				  transit agency in writing of any findings of violations.
(c) Notification under subsection (b) of this
				  section will specify each violation identified by the department, the
				  administrative action to be taken by the department, the compliance action
				  needed to address the violation, and the information concerning the process for
				  requesting administrative review of the department's determination.
(d) Within 45 days after the date of receipt
				  of notification under subsection (b) of this section, the rail transit agency
				  shall submit documentation showing compliance with the action needed to address
				  the violation or shall request administrative review under §
										7.93
				  of this subchapter (relating to Administrative Review).
(e) Failure to act as required by subsection
				  (d) of this section will lead to the escalation of an enforcement action under
				  §
										7.94
				  of this subchapter (relating to Escalation of Enforcement Action) and may lead
				  to the removal of the department's approval of the rail transit agency's system
				  safety program plan.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter E - RAIL FIXED GUIDEWAY SYSTEM STATE SAFETY OVERSIGHT PROGRAM › Section 7.93 - Administrative Review

Current through Reg. 49, No. 28; July 12, 2024
(a) If a rail
				  transit agency disagrees with a decision by the department regarding the
				  corrective action plan under §
										7.91
				  of this subchapter (relating to Corrective Action Plan) or a violation finding
				  under §
										7.92 of
				  this subchapter (relating to Administrative Actions by the Department), the
				  rail transit agency may file a request for an administrative review with the
				  executive director.
(b) The request
				  for administrative review must:
(1) be in
				  writing; and
(2) specify the
				  reasons that the department's action is in error and provide evidence that
				  supports the rail transit agency's position.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter E - RAIL FIXED GUIDEWAY SYSTEM STATE SAFETY OVERSIGHT PROGRAM › Section 7.94 - Escalation of Enforcement Action

Current through Reg. 49, No. 28; July 12, 2024
(a) If a
				  rail transit agency fails to comply with an administrative action notification,
				  the department will notify the executive director.
(b) The executive director will notify the
				  rail transit agency's governing body of the violation and the failure of the
				  rail transit agency's correction of the violation.
(c) Within 45 days after the date on which
				  the rail transit agency's governing body receives notice under subsection (b)
				  of this section, the governing body shall provide to the executive director
				  evidence that the violation has been resolved.
(d) If the rail transit agency's governing
				  body is unable to show that the corrective action has been satisfactorily
				  completed, the department shall rescind approval of the rail transit agency's
				  system safety program plan.
(e) If
				  the department rescinds approval of a rail transit agency's system safety
				  program plan, the department may petition a court of competent jurisdiction to
				  halt the operation of the rail transit agency's rail fixed guideway system
				  program.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter E - RAIL FIXED GUIDEWAY SYSTEM STATE SAFETY OVERSIGHT PROGRAM › Section 7.95 - Emergency Order to Address Imminent Public Safety Concerns

Current through Reg. 49, No. 28; July 12, 2024
(a) Notwithstanding §
										7.92 of
				  this subchapter (relating to Administrative Actions by the Department), §
										7.93
				  of this subchapter (relating to Administrative Review), and §
										7.94
				  of this subchapter (relating to Escalation of Enforcement Action), if there is
				  good cause for the executive director, or the executive director's designee, to
				  believe that the operations of a rail transit agency poses an imminent threat
				  to the safety of the general public, the executive director or the executive
				  director's designee immediately will notify the governing body of the rail
				  transit agency.
(b) If the rail
				  transit agency is unable to immediately eliminate the threat identified under
				  subsection (a) of this section, the executive director will rescind approval of
				  the system safety program plan and order the rail transit agency to cease all
				  operations of its rail fixed guideway public transportation system until the
				  rail transit agency eliminates the threat.
(c) If the rail transit agency fails to cease
				  operation of its rail fixed guideway public transportation system in accordance
				  with an order issued under subsection (b) of this section, the department may
				  seek a temporary injunction to enforce the executive director's
				  order.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter E - RAIL FIXED GUIDEWAY SYSTEM STATE SAFETY OVERSIGHT PROGRAM › Section 7.96 - Admissibility; Use of Information

Current through Reg. 49, No. 28; July 12, 2024
The data collected and the report of any investigation
					 conducted by the department or a contractor acting on behalf of the department,
					 or any part of a system security plan or safety program plan that concerns
					 security for the system, may not be admitted in evidence or used for any
					 purpose in any action or proceeding arising out of any matter referred to in an
					 investigation except in an action or a proceeding instituted by the
					 state.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter F - RAILROAD GRADE CROSSINGS › Section 7.101 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Active warning
				  device--A traffic control device that is activated by the approach or presence
				  of a train and warns motorists of the approach or presence of the train. The
				  term includes a flashing light signal, automatic gate, or similar
				  device.
(2) Crossbuck--A standard
				  highway-rail grade crossing sign designated as Number R15-1, and described in
				  the Texas Manual on Uniform Traffic Control Devices.
(3) Department--The Texas Department of
				  Transportation.
(4) District--One
				  of the 25 geographical areas in which the department conducts its primary work
				  activities.
(5) Grade crossing--The
				  intersection of a railroad and a public roadway at grade.
(6) Person--An individual, corporation,
				  organization, government or governmental subdivision or agency, business trust,
				  estate, trust, partnership, association, or any other legal entity.
(7) Railroad company--A business operating
				  and maintaining rail transportation of freight or passengers.
(8) Retroreflectorized material--Material
				  that reflects light back in the direction of the light source.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter F - RAILROAD GRADE CROSSINGS › Section 7.102 - Warning Sign Visibility at Railroad Grade Crossings

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section provides the
				  guidelines and specifications for the installation and maintenance of
				  reflecting material at all public railroad grade crossings that are not
				  protected by active warning devices, as required by Transportation Code, §
										471.004.
(b) Installation.
(1) The department shall affix
				  retroreflectorized material to the back of crossbucks and support posts at all
				  public railroad grade crossings that are not protected by active warning
				  devices in a manner that reflects light from vehicle headlights to focus
				  attention on the presence of such a crossing.
(2) Each railroad company owning or operating
				  a grade crossing that is not protected by an active warning device shall
				  permit, by written agreement, department personnel to enter railroad company
				  property at that crossing to affix retroreflectorized material as required
				  under paragraph (1) of this subsection.
(3) All new installations or replacements of
				  crossbucks and supports must meet the design standards and retroreflectorized
				  material requirements of the department and the Texas Manual on Uniform Traffic
				  Control Devices for Streets and Highways that are applicable at the time of the
				  installation or replacement, as appropriate. The design standards and
				  retroreflectorized material requirements are available free of charge on
				  request from the department at: Texas Department of Transportation, Rail
				  Division, 125 East 11th Street, Austin, Texas 78701-2483.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter F - RAILROAD GRADE CROSSINGS › Section 7.103 - Dismantling Active Warning Devices at Railroad Grade Crossings

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section implements
				  Transportation Code, §
										471.005,
				  which provides that a person may not dismantle an active warning device at a
				  grade crossing on an active rail line, if any part of the cost of the active
				  warning device was originally paid from public funds, unless the person:
(1) obtains a permit from the governmental
				  entity that maintains the roadway at the intersection with the rail line;
				  and
(2) pays to that governmental
				  entity an amount equal to the present salvage value of the active warning
				  device, as determined by the governmental entity.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter F - RAILROAD GRADE CROSSINGS › Section 7.104 - Maintenance of Railroad Underpasses

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Definition. In this section, "railroad underpass" means a grade separated
				  structure that allows a roadway to cross under a railroad track.
(b) Maintenance responsibilities. The
				  department will pay for the maintenance of railroad underpass substructure
				  units, which consist of the piers, abutments, and wing walls, but exclude any
				  existing timber substructure for approach spans. A railroad company shall pay
				  for the maintenance of the railroad underpass superstructure, including the
				  beams, bearings, deck, waterproofing, and track structure, except as provided
				  in subsection (c) of this section.
(c) Payment for repair of damage to
				  superstructure by highway traffic. If a railroad underpass superstructure is
				  damaged by highway traffic, the department will pay the cost of repairs to the
				  extent agreed to by the representative of the railroad company and the district
				  engineer of the district in which the underpass is located. On notification by
				  the railroad company, the department will prepare an agreement for execution
				  and a job set up based on the estimated cost of repairs. The repair work will
				  be performed by railroad forces or under contract, as agreed on by the railroad
				  representative and the district engineer. In an extreme emergency, the railroad
				  company, on approval of the district engineer, may undertake the work before
				  the department and the railroad company execute a formal agreement to cover the
				  proposed repairs. However, the department will not pay for work that is
				  undertaken before the district engineer issues a work order.
(d) Applicability limitations. The provisions
				  of this section related to the maintenance of underpass substructure units and
				  the assumption of costs for repair of damage to superstructure caused by
				  highway traffic, apply only to underpass structures constructed or
				  reconstructed after October 28, 1960.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter F - RAILROAD GRADE CROSSINGS › Section 7.105 - Tracks Crossing Existing Highways

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Grade crossing by rail line. Grade crossing of any highway or road by a
				  railroad track is discouraged.
(b)
				  Requirements for major routes. The department will allow a track crossing on an
				  interstate highway or other major route only with initial separation of grades.
				  The person requesting the crossing shall pay the total cost of constructing and
				  maintaining such a grade separation.
(c) Requirements for other roadways. The
				  department may allow a track grade crossing on a roadway, other than a roadway
				  to which subsection (b) of this section applies, including a frontage road if
				  technically feasible, if the department determines that the anticipated volumes
				  of train and vehicular traffic and other pertinent factors indicate that the
				  crossing will not be unduly hazardous to the traveling public. If a grade
				  crossing is allowed, the person requesting the crossing shall pay all initial
				  costs of crossing pavement, highway adjustment, and crossing warning
				  protection, including active warning devices that the department considers
				  appropriate for the crossing, to assure that the design and function meets
				  applicable safety requirements. Additionally, the department may specify
				  conditions, such as changes in conditions or volumes of vehicular or train
				  traffic, that will require future separation of grades, at no expense to the
				  state.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 7 - RAIL FACILITIES › Subchapter F - RAILROAD GRADE CROSSINGS › Section 7.106 - Crossing and Maintenance of Highway-Railroad Grade Crossings

Current through Reg. 49, No. 28; July 12, 2024
(a) Grade crossings. The department, in the
				  expansion, construction, reconstruction, and maintenance of the state highway
				  system, finds it necessary from time to time to cross the tracks of a railroad
				  at grade or to improve existing highway-railroad grade crossings. This section
				  applies to those grade crossings.
(b) Responsibilities. The railroad companies
				  shall furnish to the department, free of cost, the necessary right of way,
				  easement, or license for such a grade crossing. In recognition of those rights,
				  the department will pay from available revenues the cost of construction and
				  reconstruction of a highway or farm-to-market road at grade crossings with an
				  existing railroad. The railroad company shall maintain the grade crossing
				  surface over the tracks of the railroad from one end of the railroad ties to
				  the other end. On a new farm-to-market road project, a county is responsible
				  for the clearing of the right of way, including utility line adjustments and
				  cattle guard adjustments, for the segment of the road located in the
				  county.
(c) Crossing pavement on
				  existing crossings. On existing highway-railroad grade crossings, the
				  department will pay, from available funds, for renewing the crossing approaches
				  and crossing surface to provide a satisfactory riding surface for highway
				  traffic. Asphalt or asphaltic concrete crossings are generally not acceptable.
				  Full-depth concrete panels extending to the ends of railroad ties for the full
				  crown width of the highway are the standard. Full-depth timber pavement or
				  other more durable materials will be used if the railroad company and the
				  department agree to their use.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter A - GENERAL › Section 9.1 - Contract Claims under Government Code, Chapter 2260

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. Government Code, Chapter 2260,
				  provides a resolution process for certain contract claims against the state.
				  This section governs the filing, negotiation, and mediation of such a
				  claim.
(b) Definitions. The
				  following words and terms, when used in this section, shall have the following
				  meanings, unless the context clearly indicates otherwise.
(1) Claim--A claim for breach of a contract
				  between a vendor and the department.
(2) Contract--A written contract, other than
				  a contract specified in §
											9.2(a)(1)
				  of this subchapter (relating to Contract Claim Procedure), between the
				  department and a vendor for goods or services.
(3) Department--The Texas Department of
				  Transportation.
(4) Director of
				  contract services--The director of the department's Contract Services
				  Office.
(5) Executive director--The
				  executive director of the department or the director's designee.
(6) Vendor--An individual, partnership,
				  corporation, or other entity that is a party to a contract with the
				  department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter A - GENERAL › Section 9.2 - Contract Claim Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability. A claim shall satisfy the requirements in paragraphs (1) - (3)
				  of this subsection.
(1) The claim is under a
				  contract entered into and administered by the department, acting in its own
				  capacity or as an agent of a local government, under one of the following
				  statutes:
(A) Transportation Code, §
				  22.018 (concerning the designation of the department as agent in contracting
				  and supervising for aviation projects);
(B) Transportation Code, § 391.091
				  (concerning erection and maintenance of specific information logo, major area
				  shopping guide, and major agricultural interest signs);
(C) Transportation Code, Chapter 223
				  (concerning bids and contracts for highway improvement projects), subject to
				  the provisions of subsection (c) of this section; or
(D) Government Code, Chapter 2254,
				  Subchapters A and B (concerning professional or consulting services).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter A - GENERAL › Section 9.3 - Protest of Department Purchases under the State Purchasing and General Services Act

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this section is to provide a procedure for vendors to protest
				  purchases made by the department. Purchases made by the Statewide Procurement
				  Division of the Comptroller of Public Accounts office on behalf of the
				  department are addressed in 34 TAC Chapter 20.
(b) Definitions. The following words and
				  terms, when used in this section, shall have the following meanings, unless the
				  context clearly indicates otherwise.
(1)
				  Act--Government Code, Chapters 2151-2177, the State Purchasing and General
				  Services Act.
(2) Commission--The
				  Texas Transportation Commission.
(3) Department--The Texas Department of
				  Transportation.
(4) Chief
				  Administrative Officer --The Chief Administrative Officer of the
				  department.
(5) Statewide
				  Procurement Director--The director of statewide procurement in the procurement
				  division of the department, or other individual as designated by the Chief
				  Administrative Officer.
(6)
				  Division--An organizational unit in the department's Austin
				  headquarters.
(7) Executive
				  director--The executive director of the department.
(8) Interested party--A vendor that has
				  submitted a bid, proposal, or other expression of interest for the purchase
				  involved.
(9) Purchase--A
				  procurement action for commodities or non-professional services under the
				  Act.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter A - GENERAL › Section 9.4 - Civil Rights - Title VI Compliance

Current through Reg. 49, No. 28; July 12, 2024
The department will conduct annual Title VI reviews of its
					 special emphasis program areas (planning, project development, right-of-way,
					 construction and research) and Title VI reviews of cities, counties, consultant
					 contractors, suppliers, universities, colleges, planning agencies, and other
					 subrecipients of Federal-aid highway funds to determine the effectiveness of
					 program area activities at all levels in accordance with Title 42, United
					 States Code, Section 2000d, et seq., and with Title 23, Code of Federal
					 Regulations, Part 200.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter A - GENERAL › Section 9.5 - Special Labor Provisions for Public Works Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. Government Code, Chapter 2258,
				  requires payment of the general prevailing rate of per diem wages, including
				  legal holidays and overtime work, in the locality in which work is to be
				  performed for each craft or type of worker needed to execute a public works
				  contract on behalf of the state. This section prescribes the policies and
				  procedures by which the Texas Department of Transportation will ascertain the
				  prevailing rate of wages, and will administer and enforce the prevailing rate
				  of wages as required by Government Code, Chapter 2258.
(b) Definitions. The following words and
				  terms, when used in this section, shall have the following meanings, unless the
				  context clearly indicates otherwise.
(1) Area
				  engineer - The chief administrative officer in charge of an area office of the
				  department.
(2) Building contract -
				  A contract awarded by the department for the construction or repair of a
				  department building structure, but not designated by the department as a
				  maintenance contract.
(3)
				  Commission - The Texas Transportation Commission.
(4) Complainant - A worker who files a
				  complaint under this section.
(5)
				  Contractor - A firm awarded a public works contract.
(6) Department - The Texas Department of
				  Transportation.
(7) District
				  engineer - The chief administrative officer in charge of a district of the
				  department.
(8) Highway improvement
				  contract - A contract awarded under Transportation Code, Chapter 223, for the
				  improvement of a segment of the state highway system, but not designated by the
				  department as routine maintenance.
(9) Prevailing wage rate - The general
				  prevailing rate of per diem wages, including legal holidays and overtime work,
				  in the locality in which work is to be performed for each craft or type of
				  worker needed to execute a public works contract on behalf of the
				  state.
(10) Public works contract -
				  A building contract or a highway improvement contract.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter A - GENERAL › Section 9.7 - Protest of Contract Practices or Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Application of section. This section
				  provides a general protest process for the award of a contract for which the
				  rules of the commission do not provide a protest process. For the purpose of
				  the application of this section, a rule that merely provides that a protest,
				  appeal, or other type of request for review may be filed, without establishing
				  any other steps that must be satisfied, does not provide a protest
				  process.
(b) Filing of protest.
(1) A person who is aggrieved in connection
				  with the solicitation, evaluation, or award of a contract to which this section
				  applies may file a written protest. The protest must be received by the
				  executive director not later than the sixth day after the first day that the
				  aggrieved person knows, or should have known, of the action. A protest that is
				  not filed within the six-day period will not be considered.
(2) A protest must be filed in the manner and
				  at the address for submitting protests specified in the solicitation for the
				  contract. If the solicitation does not provide instructions on how to file a
				  protest, a protest must be sent by United States Mail, overnight delivery, or
				  hand delivery, to: Executive Director, Texas Department of Transportation, 125
				  East 11th Street, Austin, Texas 78701. The time and date of filing the protest
				  is determined by the file stamp affixed by the office of the department that
				  received the protest filed in accordance with this paragraph.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter A - GENERAL › Section 9.8 - Enhanced Contract and Performance Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) The department shall monitor and report
				  to the Texas Transportation Commission, on a quarterly basis, the performance
				  and status of each contract, other than a low-bid construction and maintenance
				  contract, that is valued at $50 million or more or that the department
				  determines constitutes a high-risk to the department.
(b) The department immediately shall notify
				  the commission of any serious issue or risk that is identified in a contract
				  and that has not been reported in a quarterly report provided under subsection
				  (a) of this section.
(c) This
				  section does not apply to a memorandum of understanding, interagency contract,
				  interlocal agreement, or contract for which there is not a cost.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter A - GENERAL › Section 9.9 - Interlocal Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose and
				  applicability. Transportation Code, §
										201.209
				  authorizes the department to enter into interlocal contracts with one or more
				  local governments in accordance with Government Code, Chapter 791. The purpose
				  of this section is to increase the efficiency and effectiveness of the
				  department by establishing procedures for contracting with one or more local
				  government agencies to perform governmental functions and services. This
				  section does not apply to contracts governed by Chapter 15, Subchapter E of
				  this title (relating to Federal, State, and Local Participation).
(b) Definitions. The following words and
				  terms, when used in this section, shall have the following meanings, unless the
				  context clearly indicates otherwise.
(1)
				  Governmental functions and services--All or part of a governmental function or
				  service in which the contracting parties are mutually interested.
(2) Local government--A county, municipality,
				  special district, or other political subdivision of this state or another
				  state, or a combination of two or more of those entities.
(3) Political subdivision--Any corporate and
				  political entity organized under state law.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter B - CONTRACTS FOR HIGHWAY PROJECTS › Section 9.10 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter
				  prescribes the policies and procedures governing bidder qualification, bidding,
				  award, and execution of a contract entered under Transportation Code, Chapter
				  223, Subchapters A-C.
(b) As an
				  alternative to using Transportation Code, Chapter 223, Subchapters A-C, and
				  therefore, this subchapter, the department, if the department satisfies the
				  requirements of Transportation Code, §
										223.001(c),
				  may award under the State Purchasing and General Services Act, Subtitle D,
				  Title
				  10, Government Code,
				  a contract for certain materials to be used in the construction or maintenance
				  of a highway or for traffic control or safety devices to be used on a highway
				  as a purchase of goods.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter B - CONTRACTS FOR HIGHWAY PROJECTS › Section 9.12 - Qualification of Bidders

Current through Reg. 49, No. 28; July 12, 2024
(a) Eligibility. To
				  be eligible to bid on a highway improvement contract, other than a building
				  contract, or on a materials contract, potential bidders must satisfy the
				  applicable requirements listed in this section.
(1) If the department has accepted from a
				  person a properly completed Confidential Questionnaire, as described in
				  subsection (c) of this section, and audited financial information, as described
				  in subsection (b)(1) of this section, the person is eligible to bid on any
				  project for which the person meets any necessary special technical
				  qualification requirements, has sufficient available bidding capacity, as
				  determined under subsection (e) of this section, and has submitted a properly
				  completed a Certification of Eligibility Status form if it is a federal-aid
				  project.
(2) A person that has
				  submitted only a Bidder's Questionnaire, as described in subsection (d) of this
				  section, may bid only on a specified project for which the department has
				  waived the requirements of paragraph (1) of this subsection. Such a project is
				  referred to as a waived project and generally has one of the following
				  characteristics:
(A) the engineer's estimate
				  for the project is $300,000 or less;
(B) the project is a routine maintenance
				  project;
(C) the project is an
				  emergency project;
(D) the project
				  contains specialty items not normal to the department's roadway projects
				  program; or
(E) the project is for
				  the purchase of goods that may be purchased under a materials
				  contract.
(3) A bidder
				  that submits only a Materials Supplier's Questionnaire is eligible to bid only
				  on a materials contract, including a materials contract awarded under §
											9.19 of this subchapter (relating
				  to Emergency Contract Procedures).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter B - CONTRACTS FOR HIGHWAY PROJECTS › Section 9.13 - Notice of Letting and Issuance of Proposal Forms

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice to
				  Contractors. A person may apply to have his or her name placed on a list to
				  receive the Notice to Contractors electronically.
(b) Application for notice. The following
				  entities will receive the Notice to Contractors:
(1) qualified bidders approved under §
											9.12 of this subchapter (relating
				  to Qualification of Bidders);
(2)
				  disadvantaged business enterprises and historically underutilized businesses;
				  and
(3) organizations performing
				  work under supportive service contracts awarded by the commission.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 9 - CONTRACT AND GRANT MANAGEMENT › Subchapter B - CONTRACTS FOR HIGHWAY PROJECTS › Section 9.14 - Submittal of Bid

Current through Reg. 49, No. 28; July 12, 2024
(a) Acceptable
				  methods. Bids for a contract under this subchapter may be submitted either
				  manually or electronically.
(b)
				  Manually submitted bids. For the purpose of manually submitting a bid, an
				  acceptable proposal form is the form that is printed and given to the bidder by
				  the department or a form printed by the bidder from EBS.
(1) Delivery of Bid. The bidder shall place
				  each completed proposal form in a sealed envelope marked to show its contents.
				  When submitted by mail, this envelope shall be placed in another envelope which
				  shall be sealed and addressed as indicated in the notice. Bids must be received
				  on or before the hour and date set for the receipt and opening of bids and must
				  be in the hands of the department letting official by that time.
(2) Bid content. The bidder shall submit the
				  bid in compliance with the following requirements.
(A) Except as provided in subparagraph (B) of
				  this paragraph and paragraph (3) of this subsection, the blank spaces for each
				  item as required in the proposal form shall be filled in by writing in words in
				  ink.
(B) The bidder shall submit a
				  unit price for each item for which a bid is requested (including a zero if
				  appropriate), except in the case of a regular bid item that has an alternate
				  bid item. In such case, prices must be submitted for the base bid or with the
				  set of items of one or more of the alternates.
(C) The bid shall be executed with ink in the
				  complete and correct name of the bidder making the bid and be signed by the
				  person or persons authorized to bind the bidder.
(D) Except in the case of a regular bid item
				  that has an alternate bid item, unit prices shall be stated in dollars and/or
				  cents for each bid item listed in the proposal form.
(3) Computer printouts.
(A) For manually submitted bids, a bidder
				  may, in lieu of writing in words in ink on the bid item sheet, submit an
				  original computer printout sheet bearing the authorized signature for the
				  bidder. The unit prices shown on acceptable printouts will be the official unit
				  prices used to tabulate the official total bid amount and used in the contract
				  if awarded by the commission.
(B)
				  Computer printouts are not acceptable on building contracts.