reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 12 - PUBLIC DONATION AND PARTICIPATION PROGRAM › Subchapter K - ACKNOWLEDGMENT PROGRAM › Section 12.355 - Acknowledgment Sign

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  acknowledgment sign must comply with the requirements of the TMUTCD, including
				  the size and format requirement.
(b) Regulatory, warning, and guidance signs
				  take precedence over an acknowledgment sign.
(c) An acknowledgment sign will be placed
				  near the site for which the associated donation was offered.
(d) Except as provided in subsection (f) of
				  this section, acknowledgment signs will be placed at least 1 mile apart from
				  each other if facing in the same direction and associated with the same highway
				  related purpose.
(e) An
				  acknowledgment sign may not be appended to any other sign, sign assembly, or
				  other traffic control device.
(f)
				  Acknowledgment sign installation must comply with all applicable department
				  standards.
(g) If a donation is
				  made for a rest area or travel information center the vendor:
(1) may install one acknowledgment sign for
				  each direction of travel on the highway mainline; and
(2) may install an acknowledgment sign in the
				  rest area or travel information center if that sign is not visible to the
				  highway mainlane traffic and does not pose a safety risk to the rest area or
				  travel information center users.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 13 - MATERIALS QUALITY › Subchapter A - GENERAL › Section 13.7 - New Product Evaluation

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this section is to provide for the evaluation of new products to
				  determine whether such a product may be used by the department in carrying out
				  its functions and duties.
(b)
				  Definitions. The following words and terms, when used in this section, shall
				  have the following meanings, unless the context clearly indicates otherwise.
(1) Department--The Texas Department of
				  Transportation.
(2) Executive
				  director--The executive director of the Texas Department of
				  Transportation.
(3)
				  Person--Includes an individual, corporation, association, and any other legal
				  entity.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 13 - MATERIALS QUALITY › Subchapter A - GENERAL › Section 13.8 - Testing Asphalt

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided in subsection (b) of this section, the cost of sampling and testing
				  asphalt used in construction and maintenance meeting the requirements of
				  departmental specifications will be borne by the state.
(b) In the event that an asphalt sample fails
				  to meet the requirements of departmental specifications, the cost of sampling
				  and testing will be charged to the supplier of the asphalt. Those charges will
				  be at published rates which are based on actual costs to the state, and an
				  additional charge to cover the costs of billing for failing tests. Concurrence
				  in and agreement to this policy and these procedure is required by endorsement
				  from companies that desire to supply asphalt.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter E - FEDERAL, STATE, AND LOCAL PARTICIPATION › Section 15.50 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter describes federal, state, and local
					 responsibilities for cost participation in highway improvement and other
					 transportation projects.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter E - FEDERAL, STATE, AND LOCAL PARTICIPATION › Section 15.52 - Agreements

Current through Reg. 49, No. 28; July 12, 2024
This section describes the contents of the department's
					 funding agreement with a local government for a highway improvement or other
					 transportation project and the responsibilities of the parties to such an
					 agreement. The department may refuse to enter into an agreement with a local
					 government that has not previously complied with the financial obligations
					 under an agreement entered into under this subchapter.
(1) Right of entry. If the local government
				  is the owner of the project site, it shall permit the department or its
				  authorized representative to occupy the site to perform all activities required
				  to execute the work. If the department is the owner of the project site, it
				  shall permit the local government or its authorized representative to occupy
				  the site to perform all approved activities required to execute the
				  work.
(2) Right of way and utility
				  relocations and adjustments. The local government will provide all necessary
				  right of way and utility relocations and adjustments, whether publicly or
				  privately owned, in accordance with §
										15.55
				  of this subchapter (relating to Construction Cost Participation). Existing
				  utilities will be relocated and adjusted by the local government with respect
				  to location and type of installation in accordance with the requirements of the
				  department under §
										21.21
				  of this title (relating to State Participation in Relocation, Adjustment,
				  and/or Removal) and Chapter 21, Subchapter C of this title (relating to Utility
				  Accommodation).
(3)
				  Responsibilities of the parties. The local government and the department shall
				  identify in the agreement the responsibilities of each party. Responsibilities
				  assigned to the local government must comply with subparagraph (A) of this
				  paragraph and have the approvals required by subparagraph (B) of this
				  paragraph.
(A) Local government performance
				  and management of projects. For state highway improvement projects and other
				  transportation projects using state or federal funds, the agreement between the
				  department and a local government may provide for the local government to:
(i) perform a highway improvement project on
				  the state highway system using employees under the direct control of the local
				  government;
(ii) outsource
				  preliminary project engineering and design, bid opening, contract award, and
				  construction management of an improvement project for which federal or state
				  reimbursement is requested;
(iii)
				  contract for highway construction; or
(iv) perform other projects and programs as
				  authorized by law.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter E - FEDERAL, STATE, AND LOCAL PARTICIPATION › Section 15.53 - Preliminary and Construction Engineering Expenses

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section defines the
				  responsibility of local governments for preliminary engineering and
				  construction engineering expenses associated with the development of highway
				  improvement projects.
(b) Funding.
				  Preliminary and construction engineering expenses may be funded by the
				  commission at the entire expense of the department, with local participation,
				  and/or with federal participation, in accordance with criteria set forth by
				  federal law and regulations. Any required local participation is subject to
				  adjustment under §
										15.55
				  of this title (relating to Construction Cost Participation).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter E - FEDERAL, STATE, AND LOCAL PARTICIPATION › Section 15.54 - Construction

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section describes the
				  conditions under which state, federal and local financing of construction costs
				  are to be shared.
(b) Funding.
				  Construction costs may be funded by the commission at the entire expense of the
				  department, with local participation, and/or with federal participation, as
				  described in §
										15.55
				  of this title (relating to Construction Cost Participation), and in accordance
				  with criteria set forth by federal and state law and regulations. The local
				  government shall also be responsible for the total cost of any work included
				  which is ineligible for federal or state participation as specified in §
										15.52 of
				  this title (relating to Agreements).
(c) Sidewalks. The department will also
				  provide for sidewalk construction, accomplished in accordance with the
				  requirements of the Americans with Disabilities Act and other applicable state
				  and federal laws, on designated state highway system routes:
(1) when replacing an existing
				  sidewalk;
(2) where highway
				  construction severs an existing sidewalk system (the state will make
				  connections within highway right of way to restore sidewalk system continuity);
				  or
(3) where pedestrian traffic is
				  causing or is expected to cause a safety conflict.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter E - FEDERAL, STATE, AND LOCAL PARTICIPATION › Section 15.55 - Construction Cost Participation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Required cost participation. The commission may require, request, or accept
				  from a local government matching or other funds, rights-of-way, utility
				  adjustments, additional participation, planning, documents, or any other local
				  incentives.
(1) Participation ratios. Except
				  as provided in subsections (b) and (d) of this section, the agreement between
				  the local government and the department must include participation ratios as
				  described in subsection (c) of this section.
(2) In-kind contributions. The department
				  will accept in-kind contributions for local government matching or other funds
				  only under agreements that do not include highway
				  construction.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter E - FEDERAL, STATE, AND LOCAL PARTICIPATION › Section 15.56 - Local Financing of Highway Improvement Projects on the State Highway System

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. Transportation Code, Section
				  222.051
				  authorizes a local government to finance the construction of an approved
				  project for the state highway system. This section prescribes the conditions
				  under which a local government may finance the construction of an approved
				  highway improvement project, and the conditions under which the commission may
				  approve reimbursement of the local government's contribution. This section also
				  prescribes the conditions under which a local government may finance the
				  construction of a service project.
(b) Definitions. The following words and
				  terms when used in this section shall have the following meanings, unless the
				  context clearly indicates otherwise.
(1)
				  Approved highway improvement project - A highway improvement project on the
				  state highway system identified in the statewide transportation plan or a
				  regional transportation plan.
(2)
				  Construction costs - Costs associated with preliminary engineering,
				  construction engineering, construction, right-of-way acquisition, and all other
				  costs directly related to the approved highway improvement project. For service
				  projects, the construction costs will also include all indirect costs as
				  identified by the department's cost accounting system.
(3) Service project - A highway improvement
				  project requested by a local government which provides limited benefits to the
				  general traveling public. These projects are not an integral part of the state
				  transportation system and primarily provide new or improved access to abutting
				  property.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter F - STATE PARK ROADS › Section 15.60 - State Park Roads

Current through Reg. 49, No. 28; July 12, 2024
(a) Definition. The
				  following words and terms, when used in this section, shall have the following
				  meanings, unless the context clearly indicates otherwise.
(1) Commission--Texas Transportation
				  Commission.
(2) Department--Texas
				  Department of Transportation.
(3)
				  State park--A park administered by the Texas Parks and Wildlife Department with
				  title or lease in the name of the State of Texas.
(4) State park road--A public road which is
				  located in or adjacent to a state park, state fish hatchery, state wildlife
				  management area or support facility and is under the jurisdiction and control
				  of the department or the Texas Parks and Wildlife Department with title or
				  lease in the name of the State of Texas.
(5) State fish hatchery--A fish hatchery
				  administered by the Texas Parks and Wildlife Department with title or lease in
				  the name of the State of Texas.
(6)
				  State wildlife management area--A wildlife management area administered by the
				  Texas Parks and Wildlife Department with title or lease in the name of the
				  State of Texas.
(7) Support
				  facility--A facility such as, but not limited to, a headquarters or regional
				  office that supports the operation of state parks, state fish hatcheries, or
				  state wildlife management areas and with title or lease in the name of the
				  State of Texas.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter G - INTERNATIONAL BRIDGES › Section 15.70 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Transportation Code, §
										201.612
					 provides that a political subdivision or private entity authorized to construct
					 or finance the construction of a bridge over the Rio Grande must obtain
					 approval from the Texas Transportation Commission and the United States under
					 Subchapter IV, Chapter 11, Title 33, United States Code, for the construction
					 of the bridge. Transportation Code, §
										201.612
					 directs the department to allow an applicant to concurrently seek approval from
					 the commission and the United States. This subchapter prescribes the procedures
					 and conditions by which a political subdivision or private entity may obtain
					 the approval of the commission.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter G - INTERNATIONAL BRIDGES › Section 15.71 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Applicant--A
				  political subdivision or private entity authorized by law to construct or
				  finance the construction of a bridge over the Rio Grande.
(2) Commission--The Texas Transportation
				  Commission.
(3) Competing bridge
				  applicant--An applicant whose project will compete for traffic and revenue and
				  may have social, environmental, traffic congestion, and mobility impact on the
				  study area.
(4) Department--The
				  Texas Department of Transportation.
(5) District office--One of the 25
				  geographical areas, managed by a district engineer, in which the department
				  conducts its primary work activities.
(6) Metropolitan planning organization--An
				  organization designated in certain urbanized areas to carry out the
				  transportation planning process as required by Title 23, United States Code,
				  §134.
(7) Project--The
				  construction or the financing of the construction of a bridge over the Rio
				  Grande.
(8) Study area--The area on
				  both sides of the Texas-Mexico border affected by the proposed
				  bridge.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter G - INTERNATIONAL BRIDGES › Section 15.72 - New Bridge

Current through Reg. 49, No. 28; July 12, 2024
To obtain commission approval for a project, the political
					 subdivision or private entity must submit an application and comply with all
					 requirements and conditions imposed by this subchapter. Prior to submitting an
					 application to the department, applicants are encouraged to confer with their
					 local department district office. The applicant should direct questions
					 regarding the application and approval process, as well as questions relating
					 to the respective roles and responsibilities of the applicant and the
					 department, to the Transportation Planning and Programming Division
					 (TPP).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter G - INTERNATIONAL BRIDGES › Section 15.73 - Preliminary Studies

Current through Reg. 49, No. 28; July 12, 2024
Prior to submitting an application to the department for
					 the approval of a project, an applicant shall conduct a study of the design,
					 financial feasibility, and social and environmental impact of the project,
					 including the effect of any competing applications.
(1) Design. The applicant shall provide a
				  preliminary design geometric layout certified by a registered professional
				  engineer to be in accordance with standards and criteria from appropriate
				  design manuals applicable at the date of application. The layout must identify:
(A) horizontal and vertical alignments and
				  cross-slope data of the proposed structure showing overall structure length,
				  width, spans, span length, and type of construction, along with dimensions,
				  where applicable, of:
(i) lane
				  width;
(ii) curb width;
(iii) sidewalks;
(iv) shoulder width;
(v) calculated minimum vertical clearance
				  over other roadways and waterways; and
(vi) toll booths and miscellaneous
				  appurtenances;
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter G - INTERNATIONAL BRIDGES › Section 15.74 - Application

Current through Reg. 49, No. 28; July 12, 2024
To secure approval of a project, an applicant must file an
					 application and 20 copies of the application with the department's executive
					 director or his or her designee who shall serve as department liaison for the
					 project. The application shall be in a form prescribed by the department, and
					 must include:
(1) a description of the
				  applicant, including:
(A) form of organization
				  under the laws of this state; and
(B) history of operations and/or business
				  conducted;
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter G - INTERNATIONAL BRIDGES › Section 15.75 - Department Action

Current through Reg. 49, No. 28; July 12, 2024
(a) Coordination.
(1) Upon the receipt of a complete
				  application, the department will submit a copy of the application and request
				  views and comments from the:
(A) Department of
				  Public Safety of the State of Texas;
(B) Texas Commission on Environmental
				  Quality;
(C) Texas Historical
				  Commission;
(D) Department of
				  Agriculture;
(E) Texas Alcoholic
				  Beverage Commission;
(F) Texas
				  Parks and Wildlife Department;
(G)
				  Office of the Governor;
(H) any
				  other state agency the department determines is appropriate considering the
				  nature of the project; and
(I) any
				  entity which may be significantly affected by the project.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter G - INTERNATIONAL BRIDGES › Section 15.76 - Commission Action

Current through Reg. 49, No. 28; July 12, 2024
(a) Commission
				  analysis. The commission may consider the advice of the staff of the department
				  and consultants that the commission may choose regarding the sufficiency of the
				  information, the probable accuracy of projections, the anticipated financial
				  condition of the application and the project, the impact of the project on the
				  economy and free trade, and any other information the commission determines
				  appropriate.
(b) Comments and
				  commitments of other entities. Prior to granting approval of a project, the
				  commission shall consider, but is not bound by:
(1) the nature and extent of any commitments
				  from Mexican authorities provided in accordance with §
											15.74(4)
				  of this subchapter (relating to Application); and
(2) the views and comments of an agency or
				  entity listed in §
											15.75 of this
				  subchapter (relating to Department Action).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter H - TRANSPORTATION CORPORATIONS › Section 15.80 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The Texas Transportation Corporation Act, Transportation
					 Code, Chapter 431, provides for the creation of transportation corporations for
					 the purpose of the promotion and development of public transportation
					 facilities and systems. This subchapter prescribes the policies and procedures
					 governing the creation and operations of those corporations created under the
					 authority of the Texas Transportation Commission.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter H - TRANSPORTATION CORPORATIONS › Section 15.81 - 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) Act--The
				  Transportation Corporation Act, Transportation Code, Chapter 431.
(2) Board--The Board of Directors of a
				  corporation.
(3) Commission--The
				  Texas Transportation Commission.
(4) Corporation--A transportation corporation
				  created under this subchapter.
(5)
				  Department--The Texas Department of Transportation.
(6) Director--A director of a corporation's
				  Board.
(7) Executive director--The
				  executive director of the Texas Department of Transportation or the executive
				  director's designee.
(8)
				  Transportation project--The planning, construction, or reconstruction of a
				  transportation facility which the department has the legal authority to plan,
				  construct, or reconstruct, including but not limited to, a public road or
				  highway, bridge, ferry, transit facility, or high occupancy vehicle
				  lane.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter H - TRANSPORTATION CORPORATIONS › Section 15.82 - Application for Creation of Corporation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Three or more qualified individuals may file with the executive director an
				  application for the creation of a corporation. The application shall be in a
				  form prescribed by the department and shall, at a minimum, include:
(1) the name, address, and telephone number
				  of a person who may be contacted for additional information;
(2) a description of the proposed
				  transportation project or projects;
(3) a project location map indicating the
				  limits of the proposed transportation project or projects;
(4) copies of project feasibility studies, if
				  available;
(5) proposed articles of
				  incorporation;
(6) proposed bylaws;
				  and
(7) applications for
				  appointment as a director, submitted in accordance with §
											15.85(a)
				  of this title (relating to Board of Directors).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter H - TRANSPORTATION CORPORATIONS › Section 15.83 - Department Action

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice of
				  Publication.
(1) After the department has
				  determined that the application is complete and ready for consideration by the
				  commission, the applicants shall publish a notice in a newspaper with general
				  circulation in each county located in the corporation's geographic area. The
				  notice must be published at least once a week for two consecutive weeks, with
				  the first publication being at least 20 days before commission action on the
				  application. The form and content of the notice must at a minimum include:
(A) the proposed purpose of the
				  corporation;
(B) the names of the
				  proposed initial directors;
(C) a
				  statement that the commission is considering an application for the creation of
				  a corporation and the applications of the proposed directors;
(D) a statement that inquiries may be made to
				  the executive director;
(E) date,
				  time, and location of the commission meeting; and
(F) who to contact, within the department, if
				  special accommodation is required.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter H - TRANSPORTATION CORPORATIONS › Section 15.84 - Approval of the Creation of a Corporation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Creation. The commission will by order approve the creation of a corporation if
				  it finds that such creation is advisable and will:
(1) serve the public interest;
(2) address a statewide or regional
				  transportation need; and
(3)
				  develop or promote a transportation project that is or will be consistent with
				  the statewide transportation plan and an existing regional transportation plan
				  developed by a metropolitan planning organization, if any.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter H - TRANSPORTATION CORPORATIONS › Section 15.85 - Board of Directors

Current through Reg. 49, No. 28; July 12, 2024
(a) Application for
				  initial appointment. Each applicant for appointment as an initial director
				  shall submit the following information to the executive director:
(1) an application for appointment, in a form
				  prescribed by the department;
(2) a
				  financial statement in conformance with Government Code, §
											572.023;
(3) three letters of reference; and
(4) an executed bond, payable to the state in
				  a sum of $5,000, and conditioned on the faithful performance of the director's
				  duties.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter H - TRANSPORTATION CORPORATIONS › Section 15.86 - Conflict of Interest

Current through Reg. 49, No. 28; July 12, 2024
(a) Prohibited
				  conduct for directors and employees. Each director or employee of a corporation
				  may not:
(1) accept or solicit any gift,
				  favor, or service that might reasonably tend to influence a director or an
				  employee in the discharge of official duties or that the director or employee
				  knows or should know is being offered with the intent to influence the
				  director's or employee's official conduct;
(2) accept other employment or engage in a
				  business or professional activity that the director or employee might
				  reasonably expect would require or induce the director or employee to disclose
				  confidential information acquired by reason of the official position;
(3) accept other employment or compensation
				  that could reasonably be expected to impair the director's or employee's
				  independence of judgment in the performance of the director's or employee's
				  official duties;
(4) make personal
				  investments that could reasonably be expected to create a substantial conflict
				  between the director's or employee's private interest and the interest of the
				  corporation;
(5) intentionally or
				  knowingly solicit, accept, or agree to accept any benefit for having exercised
				  the director's or employee's official powers or performed the director's or
				  employee's official duties in favor of another; or
(6) have a personal interest in an agreement
				  executed by the corporation.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter H - TRANSPORTATION CORPORATIONS › Section 15.87 - Powers of Corporation

Current through Reg. 49, No. 28; July 12, 2024
(a) A corporation
				  has the powers, duties, and responsibilities granted it under the Act and this
				  subchapter.
(b) A corporation shall
				  coordinate proposals and actions involving the promotion and development of
				  transportation projects through the executive director.
(c) All powers and authorizations granted to
				  a corporation concerning the promotion and development of a transportation
				  project are subject to the direction of the commission. The corporation's
				  powers and authorizations shall not be exercised until the commission, by order
				  or resolution, explicitly authorizes the applicable specific stage of project
				  development.
(d) Development of
				  projects shall be performed according to applicable state and federal laws,
				  rules, and regulations and in accordance with state policies and
				  guidelines.
(e) If directed by the
				  commission as a part of the transportation project, the corporation shall
				  prepare an environmental assessment and/or environmental impact statement in
				  accordance with Chapter 2, Subchapter C of this title (relating to
				  Environmental Review and Public Involvement for Transportation Projects). The
				  form and content of an environmental assessment and environmental impact
				  statement prepared by a corporation and any decision by a corporation that an
				  environmental impact statement is not necessary must be 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 H - TRANSPORTATION CORPORATIONS › Section 15.88 - Donations

Current through Reg. 49, No. 28; July 12, 2024
A corporation may only accept donations of cash, goods,
					 services, and property which will further the performance of its functions as
					 authorized by the commission. All donations shall be used by the corporation
					 for their intended purpose in accordance with requirements of the commission
					 and applicable law. All corporations, in receiving donations shall accept and
					 use the donations only for specific purposes legally supported and authorized
					 by the donors and shall be strictly accountable to such donors and the
					 commission.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter H - TRANSPORTATION CORPORATIONS › Section 15.89 - Contracts for Goods or Services

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Adequate funds.
(1) A corporation shall not
				  enter into a contract for goods or services that creates a legally binding
				  obligation against the corporation unless there are available to it, at the
				  time of execution of the contract, adequate funds and projected receipts
				  sufficient to pay the obligation created by such contract as well as all other
				  known obligations of the corporation.
(2) Each contract shall specify on its face
				  whether or not there are adequate funds and projected receipts available at the
				  time of its execution. If adequate funds and projected receipts are not
				  available at the time of its execution, the contract must state that the
				  corporation is not legally obligated for such goods and services beyond funds
				  on hand and actual payment for such goods and services shall be within the sole
				  discretion of the Board at such time as funds may be available to the
				  corporation. Each contract where there is inadequate funding shall also include
				  a statement to the effect that:
(A) the
				  contract does not create a present or future legally binding obligation of the
				  corporation beyond monies on hand as of the effective date of the
				  contract;
(B) the contractor waives
				  his or her right to sue for non-payment if no monies are available;
				  and
(C) the contract is subject to
				  termination upon 30 days written notice by either party.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter H - TRANSPORTATION CORPORATIONS › Section 15.90 - Reports and Audits

Current through Reg. 49, No. 28; July 12, 2024
(a) Written
				  reports.
(1) Project status report. Except as
				  provided in paragraph (3) of this subsection, for each transportation project,
				  the corporation shall submit a quarterly project status report after the end of
				  each of the state's fiscal quarters during the construction of the project,
				  that must include, at a minimum:
(A) the scope
				  of work authorized by the commission;
(B) the work that has been accomplished in
				  that quarter;
(C) the anticipated
				  completion date of the project, as well as anticipated completion dates for
				  various segments of the project, if applicable;
(D) the status of coordinating activities
				  with other governmental entities and with railroads, utilities and
				  others;
(E) project fiscal data,
				  including funds received, expended, available, and projected completion costs;
				  and
(F) comments on significant
				  accomplishments, problems, and concerns of the corporation.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter H - TRANSPORTATION CORPORATIONS › Section 15.91 - Dissolution of a Corporation

Current through Reg. 49, No. 28; July 12, 2024
The commission may dissolve or authorize the dissolution of
					 a corporation in accordance with this section and upon a finding that the
					 existence of the corporation is no longer advisable.
(1) Dissolution by commission.
(A) If the commission determines that a
				  corporation should be dissolved, two members of the commission shall execute
				  articles of dissolution.
(B) The
				  articles of dissolution shall set forth:
(i)
				  the name of the corporation;
(ii)
				  the date of the meeting of the commission at which the order to dissolve the
				  corporation was adopted;
(iii) that
				  all debts, obligations, and liabilities of the corporation have been paid and
				  discharged or that adequate provision has been made therefor, or, if the
				  corporation's property and assets are not sufficient to satisfy and discharge
				  all its liabilities and obligations, that all the property and assets have been
				  applied so far as they would go to the payment thereof in a just and equitable
				  manner; and
(iv) that there are no
				  suits pending against the corporation, or that adequate provision has been made
				  for the satisfaction of any judgment, order, or decree which may be entered
				  against it in any pending suit.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter H - TRANSPORTATION CORPORATIONS › Section 15.92 - Miscellaneous Powers and Duties of Corporations

Current through Reg. 49, No. 28; July 12, 2024
(a) Open Meetings and Public Information.
(1) A corporation is subject to the Open
				  Meetings Act, Government Code, Chapter 551.
(A) Except as provided in subparagraph (B) of
				  this paragraph, the Board shall file notice of each meeting of the board in the
				  same manner and in the same location as is required of a state governmental
				  body under Chapter 551, Government Code.
(B) If the commission designates an area of
				  the state in which a corporation may act on behalf of the commission, the board
				  shall file notice of each meeting of the board in the same manner and the same
				  location as is required of a governmental body under Government Code, §
												551.053.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter H - TRANSPORTATION CORPORATIONS › Section 15.93 - Commission and Department Responsibility

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Debt. The commission and the department shall not assume liability for any
				  action of the corporation, any debt incurred by the corporation, or any
				  judgment against the corporation, its officers, employees, or agents.
(b) Commitment. Creation of a corporation by
				  the commission shall not be construed to be a commitment for future roadway
				  construction, operation, or maintenance, nor shall such action be considered as
				  authorization for right of way acquisition, construction funding, or
				  development of a transportation project.
(c) Authority.
(1) It is and shall remain the policy of the
				  commission that corporations are to be viewed as acting on behalf of the
				  commission. A corporation only has the powers and may perform only the
				  functions specifically delegated to it by order of the commission. All
				  decisions with respect to location, design, construction and related matters
				  shall be made by the commission and the department.
(2) The board shall comply with such
				  directions as the commission may from time to time communicate concerning
				  staffing, contracting, and corporation organizational matters.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter H - TRANSPORTATION CORPORATIONS › Section 15.94 - CDA Projects Corporation

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				  by order may authorize the creation of a corporation under the Act for the sole
				  purpose of issuing private activity bonds for transportation projects developed
				  or to be developed under comprehensive development agreements (CDA) entered
				  into by the department under Transportation Code, Chapter 223, Subchapter
				  E.
(b) The creation, dissolution,
				  and all powers, duties, and functions of the corporation are governed by the
				  Act and the other sections of this subchapter do not apply, except as provided
				  by this section.
(c) Only a
				  full-time, permanent employee of the department may be appointed or serve as a
				  director of the corporation.
(d)
				  Section
				  15.86 of
				  this subchapter, relating to conflict of interest, applies to the directors and
				  employees of the corporation.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter I - BORDER COLONIA ACCESS PROGRAM › Section 15.100 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Government Code, Chapter 1403, requires the Texas Public
					 Finance Authority, in accordance with requests from the Office of the Governor,
					 to issue general obligation bonds and notes in an aggregate amount not to
					 exceed $175 million, and as directed by the department, distribute the proceeds
					 to counties to provide financial assistance for colonia access roadway projects
					 to serve border colonias. The legislation requires the commission to establish
					 a program to administer the use of the proceeds of the bonds and notes. The
					 sections under this subchapter set forth the procedures by which a county may
					 apply for assistance under Government Code, Chapter 1403 and establish criteria
					 by which the commission will select projects.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter I - BORDER COLONIA ACCESS PROGRAM › Section 15.101 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) AASHTO--The
				  American Association of State Highway and Transportation Officials.
(2) Border colonia--A geographic area that
				  consists of 11 or more dwellings that are located in close proximity to each
				  other in an area that may be described as a community or neighborhood and
				  located in an eligible county, that is identified as a colonia in the Texas
				  Water Development Board's colonia database.
(3) Border districts--The El Paso, Laredo,
				  Pharr, and Odessa department districts.
(4) Commission--The Texas Transportation
				  Commission.
(5) County road--A road
				  owned and maintained by a county.
(6) Department--The Texas Department of
				  Transportation.
(7) Eligible
				  costs--The cost of constructing, administering, or providing drainage for a
				  project, including the cost of leasing equipment used substantially in
				  connection with a project, or acquiring materials used solely in connection
				  with a project.
(8) Eligible
				  county--A county located in the El Paso, Laredo, or Pharr department districts,
				  and Terrell County, that has adopted the model rules promulgated by the Texas
				  Water Development Board under Water Code, §
										16.343.
(9) Executive director--The executive
				  director of the department.
(10)
				  Minimum colonia access road standards--Road standards for the applicable
				  transportation facility, as described in:
(A)
				  the latest editions of appropriate AASHTO design guidelines; or
(B) road standards adopted by a county under
				  Local Government Code, §
											232.025
				  and approved by the executive director or designee as sufficient to protect the
				  safety of the traveling public.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter I - BORDER COLONIA ACCESS PROGRAM › Section 15.102 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
For a project to be eligible for consideration for the
					 program, it must:
(1) be located
				  within an eligible county;
(2) have
				  one terminus at or within a border colonia and one terminus at a public road;
				  and
(3) be designed and constructed
				  by the county or its contractor to minimum colonia access road
				  standards.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter I - BORDER COLONIA ACCESS PROGRAM › Section 15.103 - Application Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) The department,
				  through the border district offices, will issue a program call to the eligible
				  counties to prepare an application for each project that a county would like to
				  submit for consideration. A separate application must be prepared for each
				  project. The border district offices will have application forms available for
				  the counties.
(b) The department
				  will establish a deadline for applications to be received. In order to be
				  considered for the program call, the application must provide:
(1) a clear and concise description of the
				  work proposed;
(2) an
				  implementation plan, including a schedule of proposed activities and a detailed
				  estimate of project costs;
(3) a
				  map delineating project location and termini;
(4) documentation addressing the criteria
				  prescribed in §
											15.104
				  of this subchapter; and
(5) a
				  colonia classification number, if one exists, for each colonia that may be
				  served by the project.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter I - BORDER COLONIA ACCESS PROGRAM › Section 15.104 - Project Selection Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commission will consider the following criteria for project selection:
(1) the number resulting from dividing the
				  population of the border colonia the project is to serve, based on the latest
				  estimates from the Texas Water Development Board, by the total number of miles
				  of roadway in the border colonia;
(2) condition of current roads, such as the
				  number of existing paved roads in and to the border colonia the project is to
				  serve;
(3) whether the project is
				  on an existing or planned school bus route; and
(4) access to other parts of the region, such
				  as the number of roads, paved or unpaved, to the border colonia the project is
				  to serve.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 15 - FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS › Subchapter I - BORDER COLONIA ACCESS PROGRAM › Section 15.106 - Program Administration

Current through Reg. 49, No. 28; July 12, 2024
(a) Agreement.
				  Prior to receiving funds under this program, a county must execute an agreement
				  with the department. The agreement, among other things, will include a
				  commitment by the county to:
(1) place the
				  project on the county road system;
(2) complete any water and wastewater
				  services that are expected to be placed in or across an approved road project
				  right of way prior to constructing the project;
(3) expend funds received only on eligible
				  costs;
(4) comply with all
				  applicable federal, state, and local environmental laws and regulations and
				  permitting requirements;
(5)
				  maintain the road; and
(6) comply
				  with the grant management standards in subsection (c) of this
				  section.