TRANSPORTATION CODE
TITLE 6. ROADWAYS
CHAPTER 201. GENERAL PROVISIONS AND ADMINISTRATION
SUBCHAPTER A. GENERAL PROVISIONS
§ 201.001. DEFINITIONS. In this title:
(1) "Commission" means the Texas Transportation
Commission.
(2) "Department" means the Texas Department of
Transportation.
(3) "Director" means the executive director of the
Texas Department of Transportation.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.002. OPERATING EXPENSES; USE OF STATE HIGHWAY
FUND. (a) The legislature has the responsibility to:
(1) appropriate money for the maintenance and
operational expenses of the department;
(2) determine the number of employees of the
department; and
(3) set the amount of compensation of all employees of
the department, including the director, and the members of the
commission.
(b) The General Services Commission shall contract for
equipment and supplies, including seals and number plates, required
by law in the administration of the registration of vehicles and in
the operation of the department.
(c) All money authorized to be appropriated in accordance
with this section for the operation of the department and the
purchase of equipment shall be appropriated from the state highway
fund. The commission shall use the amount remaining in the fund for
the furtherance of public road construction and for establishing a
system of state highways.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.003. TITLE CHANGES. (a) A reference in law to
the State Highway Department, Texas Highway Department, or State
Department of Highways and Public Transportation means the Texas
Department of Transportation.
(b) A reference in law to the State Highway Commission or
State Highway and Public Transportation Commission means the Texas
Transportation Commission.
(c) A reference in law to the State Highway Engineer or
State Engineer-Director for Highways and Public Transportation
means the director of the Texas Department of Transportation.
(d) A reference in law to the commissioner of transportation
means the chair of the commission.
(e) A reference in law to a member of the commission means a
commissioner.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2003, 78th Leg., ch. 140, § 1, eff. Sept. 1, 2003.
SUBCHAPTER B. TEXAS TRANSPORTATION COMMISSION
§ 201.051. COMMISSION. (a) The Texas Transportation
Commission consists of five members appointed by the governor with
the advice and consent of the senate.
(b) The members shall be appointed to reflect the diverse
geographic regions and population groups of this state. One member
must reside in a rural area.
(c) Each member of the commission must represent the general
public.
(d) Except as provided by Subsection (e), a person is not
eligible for appointment as a member of the commission if the person
or the person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization that is regulated by or
receives funds from the department;
(2) directly or indirectly owns or controls more than
10 percent interest in a business entity or other organization that
is regulated by or receives funds from the department;
(3) uses or receives a substantial amount of tangible
goods, services, or funds from the department, other than
compensation or reimbursement authorized by law for commission
membership, attendance, or expenses; or
(4) is registered, certified, or licensed by the
department.
(e) Repealed by Acts 1997, 75th Leg., ch. 1171, § 1.49,
eff. Sept. 1, 1997.
(f) An officer, employee, or paid consultant of a Texas
trade association in the field of road construction or maintenance,
aviation, or outdoor advertising or a Texas trade association of
automobile dealers may not be a member of the commission.
(g) The spouse of an officer, manager, or paid consultant of
a Texas trade association in the field of road construction or
maintenance, aviation, or outdoor advertising or a Texas
association of automobile dealers may not be a member of the
commission.
(h) A person required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities
for compensation on behalf of a profession related to the operation
of the department may not serve as a member of the commission.
(i) Appointments to the commission shall be made without
regard to race, color, disability, sex, religion, age, or national
origin of the appointees and shall reflect the diversity of the
population of the state as a whole.
(j) In this section, "Texas trade association" means a
nonprofit, cooperative, and voluntarily joined association of
business or professional competitors in this state designed to
assist its members and its industry or profession in dealing with
mutual business or professional problems and in promoting their
common interest.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 1171, § 1.02, 1.49, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 140, § 2, eff. Sept. 1, 2003.
§ 201.052. TERMS. Members of the commission serve
staggered six-year terms, with the terms of either one or two
members expiring February 1 of each odd-numbered year.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2003, 78th Leg., ch. 140, § 3, eff. Sept. 1, 2003.
§ 201.053. CHAIR OF THE COMMISSION. (a) The governor
periodically shall designate one commissioner as the chair of the
commission, who shall serve as presiding officer of the commission.
(b) The chair shall:
(1) preside over commission meetings, make rulings on
motions and points of order, and determine the order of business;
(2) represent the department in dealing with the
governor;
(3) report to the governor on the state of affairs of
the department at least quarterly;
(4) report to the commission the governor's
suggestions for department operations;
(5) report to the governor on efforts, including
legislative requirements, to maximize the efficiency of department
operations through the use of private enterprise;
(6) periodically review the department's
organizational structure and submit recommendations for structural
changes to the governor, the commission, and the Legislative Budget
Board;
(7) designate one or more employees of the department
as a civil rights division of the department and receive regular
reports from the division on the department's efforts to comply
with civil rights legislation and administrative rules;
(8) create subcommittees, appoint commissioners to
subcommittees, and receive the reports of subcommittees to the
commission as a whole;
(9) appoint a commissioner to act in the chair's
absence; and
(10) serve as the departmental liaison with the
governor and the Office of State-Federal Relations to maximize
federal funding for transportation.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2003, 78th Leg., ch. 140, § 4, eff. Sept. 1, 2003.
§ 201.054. COMMISSION MEETINGS. The commission shall
hold regular meetings at least once a month and special meetings at
the call of the chair. Commissioners shall attend the meetings of
the commission. The chair shall oversee the preparation of an
agenda for each meeting and ensure that a copy is provided to each
commissioner at least seven days before the meeting.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2003, 78th Leg., ch. 140, § 5, eff. Sept. 1, 2003.
§ 201.0545. RECOMMENDATIONS TO LEGISLATURE. (a) The
commission shall consider ways in which the department's operations
may be improved and may periodically report to the legislature
concerning potential statutory changes that would improve the
operation of the department.
(b) On behalf of the commission, the chair shall report to
the governor, the lieutenant governor, the speaker of the house of
representatives, and the presiding officers of relevant
legislative committees on legislative recommendations adopted by
the commission and relating to the operation of the department.
Added by Acts 2003, 78th Leg., ch. 140, § 6, eff. Sept. 1, 2003.
§ 201.056. COMPENSATION. A member of the commission is
entitled to compensation as provided by the General Appropriations
Act. If compensation for members is not provided by that Act, each
member is entitled to reimbursement for actual and necessary
expenses incurred in performing functions as a member of the
commission.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.057. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the commission if a commissioner:
(1) does not have at the time of appointment or
maintain during service on the commission the qualifications
required by Section 201.051;
(2) violates a prohibition provided by Section
201.051;
(3) cannot discharge the commissioner's duties for a
substantial part of the term for which the commissioner is
appointed because of illness or disability; or
(4) is absent from more than half of the regularly
scheduled commission meetings that the commissioner is eligible to
attend during a calendar year, unless the absence is excused by
majority vote of the commission.
(b) The validity of an action of the commission is not
affected by the fact that it is taken when a ground for removal of a
commissioner exists.
(c) If the director knows that a potential ground for
removal exists, the director shall notify the chair of the
commission of the ground, and the chair shall notify the governor
and the attorney general that a potential ground for removal
exists. If the potential ground for removal relates to the chair,
the director shall notify another commissioner, who shall notify
the governor and the attorney general that a potential ground for
removal exists.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 1171, § 1.03, eff. Sept. 1, 1997;
Acts 2003, 78th Leg., ch. 140, § 7, eff. Sept. 1, 2003.
§ 201.058. INFORMATION ON QUALIFICATIONS AND
CONDUCT. The department shall provide to the members of the
commission, as often as necessary, information concerning the
members' qualifications for office under Subchapter B and their
responsibilities under applicable laws relating to standards of
conduct for state officers.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.059. TRAINING ON DEPARTMENT AND CERTAIN LAWS
RELATING TO DEPARTMENT. (a) To be eligible to take office as a
member of the commission, a person appointed to the commission must
complete at least one course of a training program that complies
with this section.
(b) The training program must provide information to the
person regarding:
(1) this subchapter;
(2) the programs operated by the department;
(3) the role and functions of the department;
(4) the rules of the department with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the department;
(6) the results of the most recent formal audit of the
department;
(7) the requirements of the:
(A) open meetings law, Chapter 551, Government
Code;
(B) open records law, Chapter 552, Government
Code; and
(C) administrative procedure law, Chapter 2001,
Government Code;
(8) the requirements of the conflict of interest laws
and other laws relating to public officials; and
(9) any applicable ethics policies adopted by the
commission or the Texas Ethics Commission.
(c) A person appointed to the commission is entitled to
reimbursement for travel expenses incurred in attending the
training program, as provided by the General Appropriations Act and
as if the person were a member of the commission.
Added by Acts 1997, 75th Leg., ch. 1171, § 1.04, eff. Sept. 1,
1997.
SUBCHAPTER C. COMMISSION'S POWERS AND DUTIES
§ 201.101. RULES; RECORDS. The commission shall:
(1) adopt rules for the operation of the department;
(2) maintain a record of all proceedings and official
orders; and
(3) keep on file copies of all road plans,
specifications, and estimates prepared by the department or under
its direction.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.102. SEPARATION OF RESPONSIBILITIES. The
commission shall develop and implement policies that clearly
separate the policy-making responsibilities of the commission and
the management responsibilities of the director and staff of the
department.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 1171, § 1.05, eff. Sept. 1, 1997.
§ 201.103. COMPREHENSIVE SYSTEM OF HIGHWAYS AND
ROADS. (a) The commission shall plan and make policies for the
location, construction, and maintenance of a comprehensive system
of state highways and public roads.
(b) The commission shall designate as part of the state
highway system a highway that it determines is necessary for the
proper development and operation of the system. The commission may
remove a segment of the state highway system that it determines is
not needed for the system. In planning and making policies, the
commission shall consider, for incorporation into the state highway
system, turnpikes that other governmental or private entities are
authorized to construct.
(c) The commission biennially shall submit a report of its
work to the governor and the legislature. The report must include
the recommendations of the commission and of the director.
(d) The director, under the direction and with the approval
of the commission, shall prepare a comprehensive plan providing a
system of state highways.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2003, 78th Leg., ch. 668, § 1, eff. June 20, 2003.
§ 201.104. DESIGNATION OF FARM-TO-MARKET
ROADS. (a) The commission may designate any county road as a
farm-to-market road for the purposes of construction,
reconstruction, and maintenance only, if the commissioners court of
the county in which the county road is located by order entered in
its minutes waives any rights the county may have for state
participation in any indebtedness incurred by the county in the
construction of the road.
(b) The commission and the county commissioners court by
contract may set forth the duties of the state in the construction,
reconstruction, and maintenance of the county road in consideration
for the county's, road district's, or defined road district's
relinquishing all claims for state participation in any outstanding
county or road district bond, warrant, or other evidence of
indebtedness that is for the construction or improvement of the
road and that was created before the road was designated by the
commission.
(c) The assumption by the state of the obligation to
construct and maintain a road designated under this section as a
farm-to-market road is full and complete compensation for funds
that were spent by the county, road district, or defined road
district for the construction and maintenance of the road before
its designation.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.105. DEPARTMENT DISTRICTS. (a) The commission
shall divide the state into not more than 25 districts for the
purpose of the performance of the department's duties.
(b) In determining a district's boundaries, the commission
shall consider all costs and benefits, including highway activity
in and the number of employees required for the proposed district.
(c) Not more than one district office may be in a district.
(d) The commission shall determine the number of department
offices necessary for maintenance and construction personnel in a
district.
(e) The commission periodically shall review the necessity
for the number of maintenance, construction, and support operations
in each district. The commission shall include the findings of its
review as a part of the department's budget request submitted to the
Legislative Budget Board.
(f) The department is exempt from any law purporting to
require the department to conform the provision of its services to
service regions other than the districts established under this
section.
(g) The commission may require by rule that any product or
material that is approved for use in any one district may be
approved for use by any other district.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 1171, § 1.35, eff. Sept. 1, 1997.
§ 201.1055. AGREEMENTS WITH PRIVATE
ENTITIES. Notwithstanding any other law, including Subchapter A,
Chapter 2254, Government Code, Chapters 2165, 2166, and 2167,
Government Code, and Sections 202.052, 202.053, 203.051, 203.052,
and 223.001 of this code, the department and a private entity that
offers the best value to the state may enter into an agreement that
includes:
(1) both design and construction of a district office
headquarters facility located in a county with a population of 3.3
million or more;
(2) a lease of department-owned real property in a
district that includes a county with a population of 3.3 million or
more to the private entity;
(3) a provision authorizing the private entity to
construct and retain ownership of a building on property leased to
the entity under Subdivision (2); and
(4) a provision under which the department agrees to
enter into an agreement to lease with an option or options to
purchase a building constructed on property leased to the entity
under Subdivision (2).
Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, § 19.01, eff.
Jan. 11, 2004.
§ 201.106. SETTLEMENT OF CLAIMS; PURCHASE OF LIABILITY
INSURANCE. (a) This section applies to a claim against the
department arising from the use, operation, or maintenance of
equipment that is used or may be used in connection with the laying
out, construction, or maintenance of the roads, highways, rest
areas, or other public grounds in this state.
(b) The department may settle a claim described by
Subsection (a) if:
(1) the department may be liable under Chapter 101,
Civil Practice and Remedies Code;
(2) the director determines that a settlement is in
the best interest of the department; and
(3) the department's liability under the terms of the
settlement is less than $10,000.
(c) Section 101.105, Civil Practice and Remedies Code, does
not apply to a settlement under this section.
(d) Settlement of a claim under this section bars any action
involving the same subject matter by the claimant against the
department employees whose act or omission gave rise to the claim.
(e) The department may insure the officers and employees of
the department for liability arising from a claim described by
Subsection (a). Coverage under this subsection must be provided by
the purchase of a policy of liability insurance from a reliable
insurance company authorized to do business in this state. The form
of the policy must be approved by the commissioner of insurance, and
the coverage must be approved by the attorney general.
(f) This section is not a waiver of immunity of the state
from liability for the torts or negligence of an officer or employee
of this state.
(g) In this section, "equipment" includes an automobile,
motor truck, trailer, aircraft, motor grader, roller, tractor,
tractor power mower, and other power equipment.
(h) to (j) Deleted by Acts 1993, 73rd Leg., ch. 634, § 7,
eff. Sept. 1, 1993.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2003, 78th Leg., ch. 59, § 1, eff. May 15, 2003.
§ 201.107. FINANCIAL REPORTS OF THE
DEPARTMENT. (a) The commission shall prepare a quarterly
statement containing an itemized list of all money received by the
department and the source of the money and of all money paid by the
department and the purpose of the payment. The statement shall be
filed in the records of the department, and a copy shall be sent to
the governor.
(b) The commission shall file annually with the governor and
the presiding officer of each house of the legislature a complete
and detailed written report accounting for all funds received and
disbursed by the department during the preceding fiscal year. The
report must comply with each reporting requirement applicable to
financial reporting provided by the General Appropriations Act.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 1171, § 1.06, eff. Sept. 1, 1997.
§ 201.108. INTERNAL AUDITOR. (a) The commission shall
appoint an internal auditor for the department.
(b) The auditor shall report directly to the commission on
the conduct of department affairs.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.109. REVENUE ENHANCEMENT. (a) The commission
shall:
(1) enhance existing sources of revenue; and
(2) create alternate sources of revenue.
(b) In carrying out this section, the commission shall
provide for:
(1) maximizing the generation of revenue from existing
assets of the department, including real estate;
(2) increasing the role of the private sector and
public-private projects in the leasing of real estate and other
assets in the development of highway projects;
(3) setting and attempting to meet annual revenue
enhancement goals;
(4) reporting on the progress in meeting revenue
enhancement goals in the department's annual report;
(5) contracting for an independent audit of the
department's management and business operations in 2007 and each
12th year after 2007;
(6) developing a cost-benefit analysis between the use
of local materials previously incorporated into roadways versus use
of materials blended or transported from other sources; and
(7) increasing private investment in the
transportation infrastructure, including the acquisition of
causeways, bridges, tunnels, turnpikes, or other transportation
facilities, in the border region, including the counties of
Atascosa, Bandera, Bexar, Brewster, Brooks, Cameron, Crockett,
Culberson, Dimmit, Duval, Edwards, El Paso, Frio, Hidalgo,
Hudspeth, Jeff Davis, Jim Hogg, Jim Wells, Kenedy, Kerr, Kimble,
Kinney, Kleberg, La Salle, Live Oak, Maverick, McMullen, Medina,
Nueces, Pecos, Presidio, Real, Reeves, San Patricio, Starr, Sutton,
Terrell, Uvalde, Val Verde, Webb, Willacy, Zapata, and Zavala.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 1171, § 1.32, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 1395, § 1, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 1413, § 1, eff. June 16, 2001.
§ 201.110. CONTRACT WITH ADJOINING STATE FOR IMPROVEMENT
OF ROAD CROSSING STATES' BOUNDARY. (a) The commission, by the
authority of the governor, may contract with an adjoining state to:
(1) provide for the improvement of a public road or
highway that crosses the states' boundary; and
(2) establish respective responsibilities for the
improvement.
(b) In a contract for an improvement of the state highway
system that is subject to a contract under Subsection (a), the
commission may provide for the improvement of a segment of a public
road or highway located in the adjoining state if:
(1) the improvement of that segment is necessary for
the health, safety, and welfare of the people of this state and for
the effective improvement and operation of the state highway
system;
(2) that segment is an extension or continuation of a
segment of the state highway system;
(3) the contract under Subsection (a) is authorized
and executed under the law of the adjoining state; and
(4) all costs associated with the improvement of that
segment are the responsibility of the adjoining state.
(c) In this section, "improvement" includes construction,
reconstruction, and maintenance.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.111. RECOMMENDATION OF ENGINEER; DETERMINATION OF
FITNESS. (a) On formal application by a county, road district of
a county, or municipality, the commission may recommend for
appointment a competent civil engineer who is a graduate of a
first-class school of civil engineering and who is skilled in
highway construction and maintenance.
(b) The commission shall adopt rules necessary to determine
the qualifications of engineers who apply for highway construction
work.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.112. CONTRACT CLAIMS. (a) The commission may by
rule establish procedures for the informal resolution of a claim
arising out of a contract described by:
(1) Section 22.018;
(2) Chapter 223;
Text of subsec. (a)(3), (4) as amended by Acts 2003, 78th Leg., ch.
312, § 1 and Acts 2003, 78th Leg., ch. 1325, § 15.01
(3) Chapter 361; or
(4) Chapter 2254, Government Code.
Text of subsec. (a)(3), (4) as amended by Acts 2003, 78th Leg., ch.
713, § 3
(3) Chapter 2254, Government Code; or
(4) Section 391.091.
(b) If a person with a claim is dissatisfied with the
department's resolution of the claim under the procedures
authorized under Subsection (a), the person may request a formal
administrative hearing to resolve the claim under Chapter 2001,
Government Code.
(c) An administrative law judge's proposal for decision
rendered under Chapter 2001, Government Code, shall be submitted to
the director for adoption. Notwithstanding any law to the
contrary, the director may change a finding of fact or conclusion of
law made by the administrative law judge or may vacate or modify an
order issued by the administrative law judge. The director shall
provide a written statement containing the reason and legal basis
for a change made under this subsection.
(d) The director's final order is subject to judicial review
under Chapter 2001, Government Code, under the substantial evidence
rule.
(e) This section does not waive state immunity from
liability.
Added by Acts 1997, 75th Leg., ch. 1171, § 1.36(a), eff. Sept. 1,
1997. Amended by Acts 2003, 78th Leg., ch. 312, § 1, eff. June
18, 2003; Acts 2003, 78th Leg., ch. 713, § 3, eff. June 20, 2003;
Acts 2003, 78th Leg., ch. 1325, § 15.01, eff. June 21, 2003.
§ 201.113. AGREEMENTS WITH REGIONAL TOLLWAY
AUTHORITIES. (a) Notwithstanding Sections 221.003 and 224.031,
the commission and a regional tollway authority governed by Chapter
366 may enter into an agreement for the improvement by a regional
tollway authority of portions of the state highway system.
(b) In this section, "improvement" means construction,
reconstruction, maintenance, and the making of a necessary plan or
survey before beginning construction, reconstruction, or
maintenance and includes a project or activity appurtenant to a
state highway, including drainage facilities, surveying, traffic
counts, driveways, landscaping, lights, or guardrails.
Added by Acts 1999, 76th Leg., ch. 576, § 1, eff. Sept. 1, 1999.
§ 201.114. BORDER TRADE ADVISORY COMMITTEE. (a) The
commission shall establish the Border Trade Advisory Committee to
define and develop a strategy and make recommendations to the
commission for addressing the highest priority border trade
transportation challenges. In determining action to be taken on
the recommendations, the commission shall consider the importance
of trade with the United Mexican States, potential sources of
infrastructure funding at border ports, and the value of trade
activity in the department's districts adjacent to the border with
the United Mexican States.
(b) The commission may adopt rules governing the Border
Trade Advisory Committee.
Added by Acts 2001, 77th Leg., ch. 912, § 1, eff. Sept. 1, 2001.
§ 201.115. BORROWING MONEY. (a) The commission may
borrow money from any source to carry out the functions of the
department.
(b) A loan under this section may be in the form of an
agreement, note, contract, or other form as determined by the
commission and may contain any provisions the commission considers
appropriate, except:
(1) the term of the loan may not exceed two years;
(2) the amount of the loan, combined with any amounts
outstanding on other loans under this section, may not exceed the
average monthly revenue deposited to the state highway fund for the
12 months preceding the month of the loan; and
(3) the loan may not create general obligation of the
state and is payable only as authorized by legislative
appropriation.
(c) If the commission borrows money by the issuance of
notes, the notes shall be issued in accordance with the
requirements of Subchapter N, except that the maturity limitations
in Subsection (b) supersede the maturity limitations in Section
201.963.
(d) Notwithstanding Section 222.001, money in the state
highway fund may be used to repay a loan under this section, if
appropriated by the legislature for that purpose.
Added by Acts 2003, 78th Leg., ch. 1281, § 1.
SUBCHAPTER D. TEXAS DEPARTMENT OF TRANSPORTATION
§ 201.201. GOVERNANCE OF DEPARTMENT. The commission
governs the Texas Department of Transportation.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.202. DIVISIONS; DIVISION PERSONNEL. (a) The
commission shall organize the department into divisions to
accomplish the department's functions and the duties assigned to
it, including divisions for:
(1) aviation;
(2) highways and roads;
(3) public transportation; and
(4) motor vehicle titles and registration.
(b) The person designated by the director to supervise the
division responsible for highways and roads must be a registered
professional engineer experienced and skilled in highway
construction and maintenance.
(c) In appointing a person to supervise a function
previously performed by the former State Department of Highways and
Public Transportation, Texas Department of Aviation, or Texas
Turnpike Authority, preference shall be given to a person employed
in a similar position in that former agency.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.203. DEPARTMENT OFFICE. The department shall
have its statewide headquarters office in Austin.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 1171, § 1.07, eff. Sept. 1, 1997.
§ 201.2035. ACCOUNTING STRUCTURE. The department shall
create and maintain an accounting structure for roadway and
warehouse inventory of the department. The accounting structure
must provide for the accounting for lost or destroyed materials.
Added by Acts 1997, 75th Leg., ch. 1171, § 1.37, eff. Sept. 1,
1997.
§ 201.204. SUNSET PROVISION. The Texas Department of
Transportation is subject to Chapter 325, Government Code (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the department is abolished September 1, 2009.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 1171, § 1.01, eff. Sept. 1, 1997.
§ 201.205. PROTECTION AND USE OF INTELLECTUAL PROPERTY
AND PUBLICATIONS. (a) The department may:
(1) apply for, register, secure, hold, and protect
under the laws of the United States, any state, or any nation a
patent, copyright, trademark, or other evidence of protection or
exclusivity issued in or for an idea, publication, or other
original innovation fixed in a tangible medium, including:
(A) a literary work;
(B) a logo;
(C) a service mark;
(D) a study;
(E) a map or planning document;
(F) an engineering, architectural, or graphic
design;
(G) a manual;
(H) automated systems software;
(I) an audiovisual work;
(J) a sound recording; or
(K) travel literature, including a pamphlet,
bulletin, book, map, periodical, or electronic information
published or produced under Section 3, Chapter 193, Acts of the 56th
Legislature, Regular Session, 1959 (Article 6144e, Vernon's Texas
Civil Statutes);
(2) enter into a nonexclusive license agreement with a
third party for the receipt of a fee, royalty, or other thing of
monetary or nonmonetary value;
(3) waive or reduce the amount of a fee, royalty, or
other thing of monetary or nonmonetary value to be assessed if the
department determines that the waiver will:
(A) further the goals and missions of the
department; and
(B) result in a net benefit to the state; and
(4) adopt and enforce rules necessary to implement
this section.
(b) Money paid to the department under this section shall be
deposited to the credit of the state highway fund.
Added by Acts 1997, 75th Leg., ch. 165, § 30.07(a), eff. Sept. 1,
1997.
§ 201.206. DONATIONS AND CONTRIBUTIONS. For the
purpose of carrying out its functions and duties, the department
may accept, from any source, a donation or contribution in any form,
including realty, personalty, money, materials, or services.
Added by Acts 1997, 75th Leg., ch. 1171, § 1.08, eff. Sept. 1,
1997.
§ 201.207. CROSS-BORDER TRANSPORTATION AND
INFRASTRUCTURE MEETINGS. The department shall initiate efforts to
meet at least semiannually with the department's counterparts in
those states of the United Mexican States that border this state to
discuss transportation and infrastructure issues. To the extent
practicable, the department shall meet at least semiannually with
its counterparts in those bordering states to discuss
transportation and infrastructure issues.
Added by Acts 2001, 77th Leg., ch. 915, § 1, eff. Sept. 1, 2001.
§ 201.208. PAYMENT OF FEES FOR DEPARTMENT GOODS AND
SERVICES. (a) The commission may adopt rules regarding the
method of payment of a fee for any goods sold or services provided
by the department or for the administration of any department
program.
(b) Goods sold and services provided include the sale of
travel promotional materials and department publications and the
issuance of licenses, permits, and registrations.
(c) The rules may:
(1) authorize the use of electronic funds transfer or
a valid credit card issued by a financial institution chartered by a
state or the United States or by a nationally recognized credit
organization approved by the department; and
(2) require the payment of a discount or service
charge for a credit card payment in addition to the fee.
(d) Revenue generated from payments of discount or service
charges under Subsection (c) shall be deposited in the state
highway fund.
Added by Acts 1999, 76th Leg., ch. 507, § 1, eff. June 18, 1999;
Acts 1999, 76th Leg., ch. 918, § 1, eff. June 18, 1999.
§ 201.209. AUTHORITY TO CONTRACT. (a) The department
may enter into an interlocal contract with one or more local
governments in accordance with Chapter 791, Government Code.
(b) The department by rule shall adopt policies and
procedures consistent with applicable state procurement practices
for soliciting and awarding the contracts under this section.
Added by Acts 2001, 77th Leg., ch. 869, § 1, eff. June 14, 2001.
SUBCHAPTER E. DIRECTOR
§ 201.301. EXECUTIVE DIRECTOR. (a) The commission
shall elect an executive director for the department. The director
must be a registered professional engineer in this state and
experienced and skilled in transportation planning, development,
construction, and maintenance.
(b) The director serves at the will of the commission.
(c) Repealed by Acts 2003, 78th Leg., ch. 285, § 31(47).
(d) The director shall:
(1) serve the commission in an advisory capacity,
without vote; and
(2) submit to the commission, quarterly, annually, and
biennially, detailed reports of the progress of public road
construction, detailed reports of public and mass transportation
development, and detailed statements of expenditures.
(e) The director is entitled to actual expenses for and
related to travel away from Austin in performance of the director's
duties under the direction of the commission.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2003, 78th Leg., ch. 285, § 31(47), eff. Sept. 1, 2003.
§ 201.302. STATE ROAD MAP. The director shall make,
regularly revise, and keep in a form convenient for examination in
the office of the department a complete road map of the state that
shows road construction in the counties.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.303. USE OF UNIVERSITY LABORATORIES FOR ANALYZING
MATERIALS. The director may use laboratories maintained at Texas
A&M University and The University of Texas to test and analyze road
and bridge material. Persons in charge of the laboratories shall
cooperate with and assist the director with those tests and
analyses.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
SUBCHAPTER F. DEPARTMENT EMPLOYEES
§ 201.401. EMPLOYEE QUALIFICATIONS. (a) A person may
not be an employee of the department who is exempt from the state's
position classification plan or compensated at or above the amount
prescribed by the General Appropriations Act for step 1, salary
group 17, of the position classification salary schedule if the
person is:
(1) an officer, employee, or paid consultant of a
Texas trade association:
(A) in the field of road construction or
maintenance or outdoor advertising; or
(B) of automobile dealers; or
(2) the spouse of an officer, manager, or paid
consultant described by Subdivision (1).
(b) A person may not act as general counsel to the
department if the person is required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities
for compensation on behalf of a profession related to the operation
of the department.
(c) In this section, "Texas trade association" has the
meaning assigned by Section 201.051.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.402. EQUAL EMPLOYMENT OPPORTUNITY. (a) The
director or the director's designee shall prepare and maintain a
written policy statement to ensure implementation of a program of
equal employment opportunity under which all personnel
transactions are made without regard to race, color, disability,
sex, religion, age, or national origin. The policy statement must
include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, appointment, training, and
promotion of personnel that comply with Chapter 21, Labor Code;
(2) a comprehensive analysis of the department work
force that meets federal and state laws, rules, and regulations,
and instructions directly adopted under those laws, rules, or
regulations;
(3) procedures by which a determination can be made of
significant underuse in the department work force of all persons
for whom federal or state laws, rules, and regulations, and
instructions directly adopted under those laws, rules, or
regulations encourage a more equitable balance; and
(4) reasonable methods to appropriately address the
areas of significant underuse.
(b) A policy statement prepared under Subsection (a) must
cover an annual period, be updated at least annually, be reviewed by
the Texas Commission on Human Rights for compliance with Subsection
(a)(1), and be filed with the governor's office.
(c) The governor's office shall deliver a biennial report to
the legislature based on the information received under Subsection
(b). The report may be made separately or as a part of other
biennial reports made to the legislature.
(d) The department's designated equal employment
opportunity officer shall report directly to the director.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 1171, § 1.09, eff. Sept. 1, 1997.
§ 201.403. HIRING WOMEN AND MINORITIES. (a) To
provide adequate numbers of women and minority applicants for all
positions in the department, the department shall:
(1) open all positions compensated at or above the
amount prescribed by the General Appropriations Act for step 1,
salary group 21, of the position classification salary schedule to
applicants from inside and outside the department;
(2) seek applicants from this state and, if sufficient
numbers are not available from this state, from other states;
(3) coordinate recruiting efforts with college
placement officers and college student organizations;
(4) develop an extensive cooperative education
program with colleges; and
(5) ensure that employees are aware of continuing
educational opportunities and encourage employee participation in
the programs.
(b) The department shall designate a central authority to
set and monitor women and minority hiring goals. After
consultation with appropriate persons in each division and regional
office, the central authority shall set annual women and minority
hiring goals in each division and regional office of the department
and shall monitor progress toward those goals. The central
authority shall provide recruiting and technical assistance to each
division and regional office.
(c) Not later than February 1 of each year, the director
shall report to the commission, each house of the legislature, and
the Sunset Advisory Commission on the department's progress in the
recruitment and hiring of women and minority applicants.
(d) In this section, "minority" includes African Americans,
Hispanic Americans, Asian Americans, American Indians, Alaska
natives, and Pacific Islanders.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.404. EMPLOYEE PROGRAMS. (a) The director or the
director's designee shall develop an intra-agency career ladder
program that addresses opportunities for mobility and advancement
for employees in the department. The program shall require
intra-agency posting of all positions concurrently with any public
posting.
(b) The director or the director's designee shall develop a
system of annual performance evaluations that are based on
documented employee performance. All merit pay for department
employees must be based on the system established under this
subsection.
(c) The department shall provide to its employees, as often
as necessary, information concerning the employees' qualifications
for employment under this subchapter and their responsibilities
under applicable laws relating to standards of conduct for state
employees.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 1171, § 1.10, eff. Sept. 1, 1997.
§ 201.405. EXCHANGE OF ENGINEERS WITH MEXICO. (a) The
commission may employ not more than five citizens of the United
Mexican States who are student engineers or graduate engineers for
a period of not more than six months and pay those employees for
their services from the state highway fund if the United Mexican
States employs an equal number of engineers of the department in
similar work in the United Mexican States for similar periods and
pays them for their services.
(b) The commission may grant leaves of absence to not more
than five engineers of the department to accept employment with the
United Mexican States as provided under Subsection (a).
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.406. RELOCATION ASSISTANCE. (a) In addition to
authority granted by other law, the department may reimburse
transferred employees for expenses or costs related to selling
existing housing and purchasing and financing comparable
replacement housing if the director determines that the transfer
will enhance the department's ability to accomplish its goals and
missions.
(b) For purposes of this section, the following expenses or
costs related to the selling of existing housing and the leasing,
purchasing, and financing of comparable replacement housing are
reimbursable:
(1) any commissions and fees due to a broker or real
estate agent;
(2) costs incurred as a purchaser to obtain a home
loan, including loan application fees, credit report fees, and
mortgage points;
(3) origination fees, title insurance, recording
fees, and all other closing costs required to be paid by the
employee;
(4) fees or charges, other than refundable deposits,
necessary to establish telephone, gas, and electric service; and
(5) travel expenses incurred while looking for a new
residence, reimbursed at the standard mileage rate, for travel to
and from the new designated headquarters.
(c) Under this section, the department may not:
(1) provide reimbursement for more than five employees
per fiscal year;
(2) pay a sum of more than $15,000 to any employee;
(3) purchase or pay any part of the purchase price of
any employee's home;
(4) provide reimbursement for the purchase or
financing of a house if the employee did not own and occupy existing
housing at the time of transfer; or
(5) provide reimbursement when the distance between
the two designated headquarters of a transferred employee is less
than 25 miles.
(d) The department may pay the reasonable, necessary, and
resulting costs of moving the household goods and effects of a
transferred employee if:
(1) the director determines that the transfer will
enhance the department's ability to accomplish its goals and
missions; and
(2) the distance between the two designated
headquarters of a transferred employee is at least 25 miles.
Added by Acts 1997, 75th Leg., ch. 1171, § 1.38, eff. Sept. 1,
1997.
SUBCHAPTER G. RECORDS
§ 201.501. REPRODUCTION OF RECORDS. (a) The
department may photograph, microphotograph, or film any record that
pertains to department operations.
(b) The department may create original records in
micrographic form on media, such as computer output microfilm.
(c) The department shall provide an adequate number of
microfilm readers and printers to allow the public convenient and
inexpensive access to records created under Subsection (a). The
department shall index the records alphabetically, by number, by
subject matter, or by other appropriate references and shall
provide the index to the public to promote convenient access.
(d) A photograph, microphotograph, or film of a record
reproduced under Subsection (a) is equivalent to the original
record for all purposes, including introduction as evidence in all
courts and administrative agency proceedings. A certified or
authenticated copy of such a photograph, microphotograph, or film
is admissible as evidence equally with the original photograph,
microphotograph, or film.
(e) The director or an authorized representative may
certify the authenticity of a photograph, microphotograph, or film
of a record reproduced under this section and shall charge a fee for
the certified photograph, microphotograph, or film as provided by
law.
(f) Certified records shall be furnished to any person who
is authorized by law to receive them.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.502. RETENTION OF DEED. A deed that conveys any
interest in real property to the state for a highway purpose shall
be deposited and retained in the Austin office of the department.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.503. DISPOSAL OF RECORDS. Unless otherwise
required by law, and subject to Chapter 441, Government Code, the
department may dispose of or destroy a record that the department
determines is not required for the performance of the department's
duties and functions.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
SUBCHAPTER H. PLANS AND PROJECTS
§ 201.601. STATEWIDE TRANSPORTATION PLAN. (a) The
department shall develop a statewide transportation plan that
contains all modes of transportation, including:
(1) highways and turnpikes;
(2) aviation;
(3) mass transportation;
(4) railroads and high-speed railroads; and
(5) water traffic.
(b) In developing the plan, the department shall seek
opinions and assistance from other state agencies and political
subdivisions that have responsibility for the modes of
transportation listed by Subsection (a). As appropriate, the
department and such an agency or political subdivision shall enter
into a memorandum of understanding relating to the planning of
transportation services.
(c) The plan must include a component that is not
financially constrained and identifies transportation improvements
designed to relieve congestion. In developing this component of
the plan, the department shall seek opinions and assistance from
officials who have local responsibility for modes of transportation
listed in Subsection (a).
(d) The plan shall include a component, published annually,
that describes the evaluation of transportation improvements based
on performance measures, such as indices measuring delay reductions
or travel time improvements. The department shall consider the
performance measures in selecting transportation improvements.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2003, 78th Leg., ch. 1325, § 19.01, eff. Sept. 1, 2003.
§ 201.6011. INTERNATIONAL TRADE CORRIDOR PLAN. (a) To
the extent possible, the department shall coordinate with
appropriate entities to develop an integrated international trade
corridor plan. The plan must:
(1) include strategies and projects to aid the
exchange of international trade using the system of multiple
transportation modes in this state; and
(2) assign priorities based on the amount of
international trade, measured by weight and value, using the
transportation systems of this state, including:
(A) border ports of entry;
(B) commercial ports;
(C) inland ports;
(D) highways;
(E) pipelines;
(F) railroads; and
(G) deepwater gulf ports.
(b) The department shall report on the implementation of
this section to the presiding officer of each house of the
legislature no later than December 1, 2004.
Added by Acts 2003, 78th Leg., ch. 312, § 78(a), eff. Sept. 1,
2003.
§ 201.602. PROJECT SELECTION HEARINGS. The commission
annually shall hold hearings on its highway project selection
process and the relative importance of the various criteria on
which the commission bases its project selection decisions.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.603. AGREEMENT WITH OTHER AGENCIES FOR
ROADS. (a) On request of the Texas Department of Mental Health
and Mental Retardation or the Texas Youth Commission, the
department may enter into agreements with that department or
commission for the construction, maintenance, or repair of roads in
an institution, hospital, or school under the control, management,
or supervision of that department or commission.
(b) The Texas Department of Mental Health and Mental
Retardation or the Texas Youth Commission may reimburse the
appropriate fund of the department for the cost of construction or
maintenance performed under Subsection (a). Before a transfer of
an amount under this subsection, the reimbursing agency shall
notify in writing the comptroller of the amount to be transferred
and the fund from which the amount is to be taken.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.604. ENVIRONMENTAL REVIEW. (a) The commission
by rule shall provide for the commission's environmental review of
the department's transportation projects that are not subject to
review under the National Environmental Policy Act (42 U.S.C.
Section 4321 et seq.). The rules must provide for:
(1) public comment on the department's environmental
reviews, including the types of projects for which public hearings
are required, and a procedure for requesting a public hearing on an
environmental review for which a public hearing is not required;
(2) the department's evaluation of direct and indirect
effects of its projects;
(3) analysis of project alternatives; and
(4) a written report that briefly explains the
department's decision on a project and that specifies the
mitigation measures on environmental harm on which the project is
conditioned.
(b) An environmental review of a project must be conducted
before the location or alignment of the project has been adopted.
(c) The commission shall consider the results of its reviews
in executing its duties.
(d) The department shall coordinate with the Texas Natural
Resource Conservation Commission and the Parks and Wildlife
Department in preparing an environmental review. To give those
agencies time to respond, the department shall submit the review of
a project and the department's mitigation proposals on the project
to them for comment before the 30th day preceding the date on which
the department issues the written report explaining its decision on
that project.
(e) At least once during each five-year period, the
commission, after a public hearing, shall review the rules relating
to environmental reviews and make appropriate changes.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.606. PROPERTY IN ENDANGERED SPECIES HABITAT. If
the department acquires for a transportation project property that
is a habitat of one or more species listed as endangered under the
Endangered Species Act (16 U.S.C. Section 1531 et seq.) and that is
within the boundaries of a regional habitat conservation plan, the
department may participate in the regional habitat conservation
plan. If the department does not comply with the regional habitat
conservation plan, it shall comply with the Endangered Species Act
and the applicable requirements of the United States Fish and
Wildlife Service.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.6061. PAYMENT OF FEE TO PUBLIC AGENCY OR PRIVATE
ENTITY IN CONNECTION WITH MITIGATION OF CERTAIN ADVERSE
ENVIRONMENTAL IMPACTS. If authorized by the applicable regulatory
authority, the department may pay a fee to an appropriate public
agency or private entity in lieu of acquiring or agreeing to manage
property for the mitigation of an adverse environmental impact that
is a direct result of a state highway improvement project.
Added by Acts 2001, 77th Leg., ch. 922, § 1, eff. June 14, 2001.
§ 201.607. ENVIRONMENTAL, HISTORICAL, OR ARCHEOLOGICAL
MEMORANDUM OF UNDERSTANDING. (a) Not later than January 1, 1997,
and every fifth year after that date, the department and each state
agency that is responsible for the protection of the natural
environment or for the preservation of historical or archeological
resources shall examine and revise their memorandum of
understanding that:
(1) describes the responsibilities of each agency
entering into the memorandum relating to the review of the
potential environmental, historical, or archeological effect of a
highway project;
(2) specifies the responsibilities of each agency
entering into the memorandum relating to the review of a highway
project;
(3) specifies the types of information the department
must provide to the reviewing agency and the period during which the
department must provide the information;
(4) specifies the period during which the reviewing
agency must review the highway project and provide comments to the
department; and
(5) includes any other agreement necessary for the
effective coordination of the review of the environmental,
historical, or archeological effect of a highway project.
(b) The department and each agency by rule shall adopt all
revisions to the memorandum.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.608. PROJECTS FOR TRAFFIC FROM INTERNATIONAL
TRADE. (a) The department annually shall review its proposed
road projects to determine whether the projects are adequate to
allow for the projected volume of highway traffic resulting from
international trade over the five-year period following the date of
the review.
(b) The department may reassign priorities to its projects
in accordance with the results of its review.
(c) Not later than February 1 of each odd-numbered year, the
department shall report to the legislature on the ability of the
state highway system to allow for the projected volume of highway
traffic resulting from international trade over the five-year
period following the date of the report.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.609. NOTICE TO LEGISLATORS OF COMPLETED
PROJECTS. (a) Not later than the 10th day before the date on
which a major road project is scheduled for completion, the
department shall provide notice of the location and completion date
of the road project to each member of the legislature who represents
the county in which the road project is located and who wants to
receive the notice.
(b) The department shall ask each legislator whether the
legislator wants to receive notices under this section.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.610. HIGHWAY SOUND BARRIERS. The department may
erect a sound barrier to reduce the noise from a road or highway in
the state highway system at any location the department determines
is appropriate, including along the right-of-way of a railroad that
runs parallel or adjacent to a road or highway.
Added by Acts 1997, 75th Leg., ch. 1171, § 1.39, eff. Sept. 1,
1997.
§ 201.611. COORDINATION OF FLOOD CONTROL. In the
construction of its highway projects, the department shall
coordinate with local flood control authorities to minimize the
impact of flooding.
Added by Acts 1997, 75th Leg., ch. 1171, § 1.40, eff. Sept. 1,
1997.
§ 201.612. APPROVAL BY COMMISSION OF BRIDGE OVER RIO
GRANDE. (a) A political subdivision or private entity authorized
to construct or finance the construction of a bridge over the Rio
Grande:
(1) must obtain approval from the commission and from
the United States under Subchapter IV, Chapter 11, Title 33, United
States Code, for the construction of the bridge; and
(2) shall submit to the commission a report that
details the feasibility, location, economic effect, and
environmental impact of the bridge and any other information the
commission by rule may require.
(b) The department shall:
(1) to the maximum extent practicable, implement the
approval process in the manner least burdensome to an applicant;
and
(2) allow an applicant to concurrently seek approval
from the commission and the United States under Subsection (a)(1).
(c) In determining whether to approve construction of the
bridge, the commission shall consider:
(1) the financial resources available to the political
subdivision or private entity for construction of the bridge;
(2) whether the revenue to be generated by the bridge
is sufficient to finance the planning, design, construction,
operation, and maintenance of the bridge;
(3) whether the construction of the bridge is
consistent with the transportation plan adopted by the state and,
if appropriate, by the metropolitan planning organization with
jurisdiction over the bridge;
(4) the potential effect of the bridge on:
(A) the economy of the region in which the bridge
is to be located;
(B) the environment of the region in which the
bridge is to be located;
(C) traffic congestion and mobility; and
(D) the free flow of trade between the United
Mexican States and this state; and
(5) commitments from the appropriate jurisdictions of
the United Mexican States to provide adequate approach roadways to
the bridge.
(d) In determining whether to approve the construction of
the bridge, the commission shall solicit the advice of:
(1) the Department of Public Safety;
(2) the Texas Natural Resource Conservation
Commission;
(3) the Texas Historical Commission;
(4) the Department of Agriculture;
(5) the Texas Alcoholic Beverage Commission;
(6) the Texas Department of Commerce; and
(7) any other state agency the commission determines
is appropriate.
(e) If the commission fails to make a determination before
the 121st day after the date the commission receives a request for
approval under Subsection (a), the request is considered approved.
(f) The commission may adopt rules to administer this
section.
(g) If the commission does not approve construction of the
bridge, the applicant shall withdraw the request for approval from
the United States.
Added by Acts 1997, ch. 165, § 30.08(a), eff. Sept. 1, 1997;
Acts 1997, ch. 165, § 30.08(a), eff. Sept. 1, 1997. Renumbered
from § 201.610 by Acts 1999, 76th Leg., ch. 62, § 19.01(93),
eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 576, §
1, eff. June 20, 2003.
§ 201.613. ONE-STOP BORDER INSPECTION
STATIONS. (a) The department shall choose a location for an
inspection station along a major highway at or near a border
crossing from Mexico in Brownsville, in Laredo, and in El Paso so
that all federal, state, and municipal agencies that regulate the
passage of persons or vehicles across the border at that border
crossing may be located in one place.
(b) The department shall establish and maintain an
inspection station at the locations chosen in Subsection (a) only
if the federal agencies involved in the regulation of the passage of
persons or vehicles at that border crossing agree to the design of
the facility at each location and agree to use the facility at each
location if built.
(c) The department may enter into agreements with federal,
state, and municipal agencies to accomplish the purpose of this
section. An agreement may involve the lease of office space at the
inspection station by the department to the agency.
Added by Acts 1999, 76th Leg., ch. 1527, § 1, eff. Aug. 30, 1999.
§ 201.614. SAFE ROUTES TO SCHOOL PROGRAM. (a) The
department shall establish and administer a Safe Routes to School
Program to distribute money received under the Hazard Elimination
Program (23 U.S.C. Section 152), as amended, to political
subdivisions for projects to improve safety in and around school
areas. Projects eligible to receive money under this program may
include:
(1) installation of new crosswalks and bike lanes;
(2) construction of multiuse trails;
(3) construction and replacement of sidewalks;
(4) implementation of traffic-calming programs in
neighborhoods around schools; and
(5) construction of wide outside lanes to be used as
bike routes.
(b) The department, in considering project proposals under
this section, shall consider:
(1) the demonstrated need of the applicant;
(2) the potential of the proposal to reduce child
injuries and fatalities;
(3) the potential of the proposal to encourage walking
and bicycling among students;
(4) identification of safety hazards;
(5) identification of current and potential walking
and bicycling routes to school; and
(6) support for the projects proposed by local
school-based associations, traffic engineers, elected officials,
law enforcement agencies, and school officials.
(c) The department may allocate money received by the
department from the federal government under the Hazard Elimination
Program (23 U.S.C. Section 152), as amended, to projects under this
section.
(d) The department shall adopt rules to implement this
section.
Added by Acts 2001, 77th Leg., ch. 1085, § 3, eff. Sept. 1, 2001.
§ 201.615. DESIGN CONSIDERATIONS. (a) The department
shall consider the following factors when developing
transportation projects that involve the construction,
reconstruction, rehabilitation, or resurfacing of a highway, other
than a maintenance resurfacing project:
(1) the extent to which the project promotes safety;
(2) the durability of the project;
(3) the economy of maintenance of the project;
(4) the impact of the project on:
(A) the natural and artificial environment;
(B) the scenic and aesthetic character of the
area in which the project is located;
(C) preservation efforts; and
(D) each affected local community and its
economy; and
(5) the access for other modes of transportation,
including those that promote physically active communities.
(b) The commission shall adopt rules to implement this
section.
Added by Acts 2001, 77th Leg., ch. 1264, § 1, eff. Sept. 1, 2001.
Renumbered from V.T.C.A., Transportation Code § 201.614 by Acts
2003, 78th Leg., ch. 1275, § 2(125), eff. Sept. 1, 2003.
§ 201.616. ANNUAL REPORT TO LEGISLATURE ON CERTAIN
MATTERS. (a) Not later than December 1 of each year, the
department shall submit a report to the legislature that details:
(1) the expenditures made by the department in the
preceding state fiscal year in connection with:
(A) the unified transportation program of the
department;
(B) turnpike projects and toll roads of the
department;
(C) the Trans-Texas Corridor;
(D) rail facilities described in Chapter 91; and
(E) non-highway facilities on the Trans-Texas
Corridor if those expenditures are subject to Section 227.062(c);
(2) the amount of bonds or other public securities
issued for transportation projects; and
(3) the direction of money by the department to a
regional mobility authority in this state.
(b) The report must break down information under Subsection
(a)(1)(A) by program category and department district. The report
must break down information under Subsections (a)(1)(B), (C), (D),
and (E) and Subsection (a)(3) by department district. The report
must break down information under Subsection (a)(2) by department
district and type of project.
(c) The report may be submitted in an electronic format.
Added by Acts 2003, 78th Leg., 3rd C.S., ch. 8, § 5.02, eff. Jan.
11, 2004.
SUBCHAPTER I. FUNDS AND EXPENDITURES
§ 201.701. FUNDS FOR EMERGENCY MEDICAL
SERVICES. (a) If the department receives state or federal
highway safety funds that may be used for emergency medical
services, the department shall:
(1) contract with the Texas Department of Health for
the administration of the funds by the department of health; and
(2) designate a part of the funds to be used for
improvement of emergency medical services.
(b) If an agency of the federal government formally notifies
the department that a contract described by Subsection (a) violates
federal law or would cause the loss of any federal highway safety
funds, the department may not execute the contract or, if the
contract has been executed, the contract is void.
(c) This section does not affect any responsibility of the
department for oversight of state or federal highway safety funds.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.702. DISADVANTAGED BUSINESS PROGRAM. (a) The
department shall:
(1) set annual goals for the awarding of state or
federally funded contracts, including construction, maintenance,
supply, and service contracts, to disadvantaged businesses and
shall attempt to meet the goals;
(2) assess the availability of disadvantaged
businesses in this state;
(3) attempt to identify disadvantaged businesses in
this state that provide or have the potential to provide supplies,
materials, equipment, or services to the department;
(4) give disadvantaged businesses full access to the
department's contract bidding process, inform the businesses about
the process, offer the businesses assistance concerning the
process, and identify barriers to the businesses' participation in
the process; and
(5) allocate the responsibility for performing the
duties prescribed by this section among persons in the department's
headquarters and regional offices.
(b) The goals under Subsection (a)(1) must approximate the
federal requirement for federal money used for highway construction
and maintenance consistent with other applicable state and federal
law.
(c) The department's equal opportunity office shall
participate in the development of requests for proposals and other
departmental documents relating to the bidding process.
(d) This section does not exempt the department from
competitive bidding requirements provided by other law.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.703. EXPENDITURES FOR ROADS NOT ON THE HIGHWAY
SYSTEM. (a) The department in conjunction with the Federal
Highway Administration may spend for the improvement of a road not
in the state highway system money appropriated by the United States
Congress and allocated by the United States secretary of
transportation to the department for expenditure on the road. That
federal money may be matched or supplemented by an amount of state
money necessary for proper construction and performance of the
work.
(b) State money may not be used exclusively for the
construction of a road not in the state highway system.
(c) The expenditure of state money is limited to the cost of
construction and engineering, overhead, and other costs on which
the application of federal money is prohibited or impractical.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.704. CONTRACT FOR REPAIR OR MAINTENANCE OF
EQUIPMENT. (a) The department shall contract with a private
entity for the repair or maintenance of highway equipment and
passenger cars used by the department if the department determines
that the private entity can:
(1) provide maintenance and repair services that are
of sufficient quality and in sufficient quantity; and
(2) perform those services for a charge that is less
than 90 percent of the total cost for the department to provide
equivalent services.
(b) During a fiscal year the department shall spend for all
contracts under this section not less than 35 percent of the total
amount it spends for vehicle repair and maintenance in that year.
(c) In determining the total cost of providing maintenance
and repair services for the purpose of Subsection (a)(2), the
department shall consider direct and indirect costs of providing
those services.
(d) In this section:
(1) "Highway equipment" means machinery or equipment,
other than a passenger car, that is used by the department for the
construction, reconstruction, maintenance, or repair of a road or
highway.
(2) "Passenger car" has the meaning assigned that term
by Section 502.001.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1999, 76th Leg., ch. 600, § 1, eff. June 18, 1999.
§ 201.706. LOCAL GOVERNMENT ASSISTANCE. From
appropriated funds, the department shall assist counties with
materials to repair and maintain county roads. The department
shall:
(1) provide that the total annual value of assistance
under this section is:
(A) at least $12 million per year for fiscal
years 1998 and 1999; and
(B) at least $6 million per year for a fiscal year
other than 1998 or 1999;
(2) make maximum usage of surplus materials on hand;
(3) develop rules and procedures to implement this
section and to provide for the distribution of the assistance with
preference given to counties with an above average number of
overweight trucks receiving weight tolerance permits based on the
previous year's permit totals; and
(4) undertake cooperative and joint procurement of
road materials with counties under General Services Commission
procedures.
Added by Acts 1997, 75th Leg., ch. 1171, § 1.41, eff. Sept. 1,
1997.
§ 201.707. AGREEMENTS FOR SERVICES ON REGIONAL TOLLWAY
AUTHORITY PROJECTS. Notwithstanding Section 201.703(c), the
department and a regional tollway authority governed by Chapter 366
may enter into an agreement for the provision by the department, for
fair and reasonable compensation, of services on the regional
tollway authority's turnpike projects, including but not limited to
courtesy patrols.
Added by Acts 1999, 76th Leg., ch. 576, § 2, eff. Sept. 1, 1999.
§ 201.710. PLANNING AND FUNDING OF PORTS OF
ENTRY. (a) In this section:
(1) "Port of entry" means a place designated by
executive order of the president of the United States, by order of
the United States secretary of the treasury, or by Act of the United
States Congress at which a customs officer is authorized to accept
entries of merchandise to collect duties, and to enforce the
various provisions of the customs and navigation laws.
(2) "Project related to a port of entry" means a
transportation project on the state highway system related to
access to a port of entry in this state.
(b) This section applies only to a port of entry on the
border with the United Mexican States. This section does not apply
to a port of entry at an airport.
(c) The department shall include projects related to ports
of entry in its unified transportation program or any successor to
that program.
(d) A metropolitan planning organization that has a port of
entry within its jurisdiction shall include projects related to
ports of entry in its transportation improvement plan.
(e) In allocating money to projects, the department shall
fund projects related to ports of entry from money other than North
American Free Trade Agreement discretionary funds.
Added by Acts 2001, 77th Leg., ch. 1226, § 1, eff. Sept. 1, 2001.
SUBCHAPTER J. INFORMATION FURNISHED BY DEPARTMENT
§ 201.801. INFORMATION ABOUT DEPARTMENT;
COMPLAINTS. (a) The department shall prepare information of
public interest describing the functions of the department and the
department's procedures by which a complaint is filed with the
department and resolved by the department. The department shall
make the information available to the public and appropriate state
agencies.
(b) The commission by rule shall establish methods by which
consumers and service recipients are notified of the department's
name, mailing address, and telephone number for directing
complaints to the department. The commission may provide for that
notification:
(1) on each registration form, application, or written
contract for services of an individual or entity regulated by the
department;
(2) on a sign prominently displayed in the place of
business of each individual or entity regulated by the department;
or
(3) in a bill for service provided by an individual or
entity regulated by the department.
(c) The department shall:
(1) keep an information file about each written
complaint filed with the department that the department has the
authority to resolve; and
(2) provide the person who filed the complaint, and
each person or entity that is the subject of the complaint,
information about the department's policies and procedures
relating to complaint investigation and resolution.
(d) The department, at least quarterly and until final
disposition of a written complaint that is filed with the
department and that the department has the authority to resolve,
shall notify the parties to the complaint of its status unless the
notice would jeopardize an undercover investigation.
(e) With regard to each complaint filed with the department,
the department shall keep the following information:
(1) the date the complaint is filed;
(2) the name of the person filing the complaint;
(3) the subject matter of the complaint;
(4) a record of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) if the department takes no action on the
complaint, an explanation of the reasons that no action was taken.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 1171, § 1.12, eff. Sept. 1, 1997.
§ 201.802. PUBLIC ACCESS TO COMMISSION AND TO DEPARTMENT
PROGRAMS. (a) The commission shall develop and implement
policies that provide the public with a reasonable opportunity to
appear before the commission and speak on any issue under the
jurisdiction of the commission.
(b) The director shall prepare and maintain a written plan
that describes the manner in which a person who does not speak
English or who has a physical, mental, or developmental disability
is provided reasonable access to the department's programs.
(c) The department shall comply with each applicable law of
the United States or this state that relates to program or facility
accessibility.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 1171, § 1.13, eff. Sept. 1, 1997.
§ 201.803. INFORMATION FOR ROAD CONSTRUCTION AND
MAINTENANCE. (a) The department shall collect information and
compile statistics about the mileage, character, and condition of
public roads in each county and the cost of construction of the
classes of roads in the county.
(b) The department shall investigate and determine the
methods of road construction best adapted to different sections of
the state.
(c) The department shall establish standards for the
construction and maintenance of highways, bridges, and ferries,
considering natural conditions and the character and adaptability
of road building material in the counties of the state.
(d) The department may be consulted, at all reasonable
times, by county and municipal officials for any information or
assistance the department can give concerning the highways in the
county or municipality. The department shall provide the requested
information.
(e) The department may request from county and municipal
officials any information necessary for the performance of the
department's duties under this section.
(f) Before any proceeds from the sale of bonds or other
legal obligations issued by a county or a subdivision or defined
district of a county are spent for road construction by the
commissioners court of the county or under its direction, the
commissioners court shall obtain from the department information
and advice on the general plans and specifications for the road
construction to be undertaken. On request of a county
commissioners court, the department shall consider and advise the
commissioners court on those plans and specifications.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.8035. INSPECTION OF COUNTY AND MUNICIPAL
BRIDGES. (a) If the department inspects a bridge under the
jurisdiction of a county or a municipality and determines that the
bridge qualifies for a lower load rating under 23 C.F.R. Part 650,
Subpart C, than is currently permitted, the department shall notify
the commissioners court of the county or the governing body of the
municipality.
(b) A commissioners court or governing body that is notified
under Subsection (a) shall post notices on the road or highway
approaching the bridge that state the maximum load permitted on the
bridge. The notices must be posted at locations that enable
affected drivers to detour to avoid the restricted bridge.
Added by Acts 1997, 75th Leg., ch. 165, § 30.09(a), eff. Sept. 1,
1997.
§ 201.804. SUBMISSION OF BRIDGE DESIGN PLANS TO
DEPARTMENT. (a) This section applies to any governmental entity
of this state that is authorized by law to construct or maintain a
public road and that:
(1) constructs or rehabilitates a bridge;
(2) proposes to assume responsibility for a bridge
constructed or rehabilitated by another person; or
(3) issues a permit for the construction or
rehabilitation of a bridge by another person.
(b) Before the 31st day after the date the construction or
rehabilitation of the bridge is completed, the governmental entity
shall submit to the department a copy of the final structural design
plans for the bridge.
(c) The department shall use information submitted under
Subsection (b) as necessary in seeking to comply with 23 C.F.R. Part
650, Subpart C.
Added by Acts 1999, 76th Leg., ch. 831, § 1, eff. June 18, 1999.
SUBCHAPTER K. ROAD AND HIGHWAY USE; SIGNS
§ 201.901. PROHIBITING USE OF HIGHWAY OR ROAD. (a) The
commission may prohibit the use of any part of a highway or road
under the control of the department by any vehicle that will unduly
damage the highway or road when:
(1) because of wet weather or recent construction or
repairs, the highway or road cannot be safely used without probable
serious damage to it; or
(2) a bridge or culvert on the highway or road is
unsafe.
(b) Before prohibiting the use of a highway or road under
this section, the commission shall post notices that state the
maximum load permitted and the time the use of the highway or road
is prohibited. The notices must be posted at locations that enable
drivers to detour to avoid the restricted highway or road.
(c) The commission may not prohibit the use of a highway or
road under this section until a detour has been provided.
(d) If the owner or operator of a vehicle that is prohibited
from using a highway or road under this section is aggrieved by the
prohibition, the person may file with the county judge of the county
in which the restricted highway or road is located a written
complaint that sets forth the nature of the grievance. On the
filing of the complaint the county judge immediately shall set the
issue for a hearing to be held not later than the third day after the
date on which the complaint is filed. The county judge shall give
to the commission written notice of the day and purpose of each
hearing.
(e) The county judge shall hear testimony offered by the
parties. On conclusion of the hearing, the county judge shall
sustain, revoke, or modify the commission's decision on the
restriction. The county judge's judgment is final as to the issues
raised.
(f) A person who violates a prohibition established under
this section before or after it is approved by the county judge
under Subsection (e) commits an offense. An offense under this
section is a misdemeanor punishable by a fine not to exceed $200.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.902. ROAD USE BY BICYCLISTS. (a) The department
shall designate:
(1) a statewide bicycle coordinator; and
(2) a bicycle coordinator in each regional office.
(b) A bicycle coordinator shall assist the department in
developing rules and plans to enhance the use of the state highway
system by bicyclists.
(c) The commission shall adopt rules relating to use of
roads in the state highway system by bicyclists, including
provisions for:
(1) the specific duties of the statewide bicycle
coordinator and the regional bicycle coordinators;
(2) obtaining comments from bicyclists on:
(A) a highway project that might affect bicycle
use;
(B) the use of a highway for bicycling events;
and
(C) department policies affecting bicycle use of
state highways;
(3) the consideration of acceptable national bicycle
design, construction, and maintenance standards on a project in an
area with significant bicycle use; and
(4) any other matter the commission determines
necessary to enhance the use of the state highway system by
bicyclists.
(d) A rule adopted under this section may not be
inconsistent with Chapter 551.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.903. CLASSIFICATION, DESIGNATION, AND MARKING OF
HIGHWAYS. (a) The department may classify, designate, and mark
state highways in this state.
(b) The department may provide a uniform system of marking
and signing state highways under the control of the state. The
system must correlate with and, to the extent possible, conform to
the system adopted in other states.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.904. SPEED SIGNS. The department shall erect and
maintain on the highways and roads of this state appropriate signs
that show the maximum lawful speed for commercial motor vehicles,
truck tractors, truck trailers, truck semitrailers, and motor
vehicles engaged in the business of transporting passengers for
compensation or hire (buses).
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 201.905. TRAFFIC SAFETY SIGNS. (a) The department
may implement a traffic safety program that includes posting signs
along the roadside at the 500 sites with the highest number of
traffic fatalities. The signs shall be designed by the department
and may contain the following information:
(1) the number of fatalities that occurred at that
location in the last 10 years;
(2) the importance of driving safely and wearing seat
belts;
(3) the importance of not drinking and driving; and
(4) any other information the department determines is
necessary to promote safe driving.
(b) A program under this section may also include literature
distributed to the public by the department.
Added by Acts 1997, 75th Leg., ch. 1214, § 1, eff. Sept. 1, 1997.
§ 201.906. MULTIMODAL ROAD USE. (a) The department
shall conduct a comprehensive analysis of the multimodal use of
roads and highways in the state highway system. The analysis shall
include the collection of data on users' concerns about road
conditions and actual and potential use patterns of roads or
highways.
(b) After the analysis required by Subsection (a) is
completed, the department shall initiate and coordinate a campaign
to help increase public awareness of traffic safety issues.
(c) The department shall initiate a program of continuing
community involvement sessions to help other state agencies, local
decision-makers, interest groups, and the general public improve
the state's comprehensive transportation system to include all
modes of transportation.
Added by Acts 1997, 75th Leg., ch. 1171, § 1.14, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1171, § 1.14, eff. Sept. 1,
1997. Renumbered from § 201.905 by Acts 1999, 76th Leg., ch. 62,
§ 19.01(94), eff. Sept. 1, 1999.
SUBCHAPTER L. ELECTRONIC ISSUANCE OF LICENSES
§ 201.931. DEFINITIONS. In this subchapter:
(1) "Digital signature" means an electronic
identifier intended by the person using it to have the same force
and effect as the use of a manual signature.
(2) "License" includes:
(A) a permit issued by the department that
authorizes the operation of a vehicle and its load or a combination
of vehicles and load exceeding size or weight limitations;
(B) a motor carrier registration issued under
Chapter 643;
(C) a vehicle storage facility license issued
under Chapter 2303, Occupations Code;
(D) a license or permit for outdoor advertising
issued under Chapter 391 or 394;
(E) a salvage vehicle dealer or agent license
issued under Chapter 2302, Occupations Code;
(F) specially designated or specialized license
plates issued under Subchapters E and F, Chapter 502; and
(G) an apportioned registration issued according
to the International Registration Plan under Section 502.054.
Added by Acts 1997, 75th Leg., ch. 1171, § 1.15, eff. Sept. 1,
1997. Amended by Acts 2003, 78th Leg., ch. 1276, § 14A.819, eff.
Sept. 1, 2003.
§ 201.932. APPLICATION FOR AND ISSUANCE OF
LICENSE. (a) The commission may by rule provide for the filing of
a license application and the issuance of a license by electronic
means.
(b) The commission may limit applicant eligibility under
Subsection (a) if the rules include reasonable eligibility
criteria.
Added by Acts 1997, 75th Leg., ch. 1171, § 1.15, eff. Sept. 1,
1997.
§ 201.933. DIGITAL SIGNATURE. (a) A license
application received by the department is considered signed if a
digital signature is transmitted with the application and intended
by the applicant to authenticate the license in accordance with
Subsection (b).
(b) The department may only accept a digital signature used
to authenticate a license application under procedures that:
(1) comply with any applicable rules of another state
agency having jurisdiction over department use or acceptance of a
digital signature; and
(2) provide for consideration of factors that may
affect a digital signature's reliability, including whether a
digital signature is:
(A) unique to the person using it;
(B) capable of independent verification;
(C) under the sole control of the person using
it; and
(D) transmitted in a manner that will make it
infeasible to change the data in the communication or digital
signature without invalidating the digital signature.
Added by Acts 1997, 75th Leg., ch. 1171, § 1.15, eff. Sept. 1,
1997.
§ 201.934. PAYMENT OF FEES. The commission may adopt
rules regarding the method of payment of a fee for a license issued
under this subchapter. The rules may authorize the use of
electronic funds transfer or a valid credit card issued by a
financial institution chartered by a state or the federal
government or by a nationally recognized credit organization
approved by the department. The rules may require the payment of a
discount or service charge for a credit card payment in addition to
the fee.
Added by Acts 1997, 75th Leg., ch. 1171, § 1.15, eff. Sept. 1,
1997.
SUBCHAPTER M. OBLIGATIONS FOR CERTAIN HIGHWAY AND MOBILITY PROJECTS
§ 201.941. DEFINITIONS. In this subchapter:
(1) "Comptroller's certification" means:
(A) as to long-term obligations, the
certification made under Section 201.943(e); and
(B) as to short-term obligations, the
certification made under Section 201.943(f).
(2) "Credit agreement" has the meaning assigned by
Section 1371.001, Government Code.
(3) "Fund" means the Texas Mobility Fund.
(4) "Long-term obligations" means an issue or series
of obligations the latest scheduled maturity of which is more than
five years.
(5) "Maximum obligation amount" means the maximum
aggregate principal amount of long-term obligations and short-term
obligations that the commission may issue from time to time after
receipt of the applicable comptroller's certification.
(6) "Obligations" means bonds, notes, and other public
securities.
(7) "Short-term obligations" means an issue or series
of obligations the latest scheduled maturity of which is five years
or less.
Added by Acts 2001, 77th Leg., ch. 1213, § 1.
§ 201.942. ADMINISTRATION OF FUND. The comptroller
shall hold the fund, and the commission, through the department,
shall manage, invest, use, and administer the fund as provided by
this subchapter.
Added by Acts 2001, 77th Leg., ch. 1213, § 1.
§ 201.943. AUTHORITY TO ISSUE OBLIGATIONS; PURPOSES;
LIMITATIONS. (a) Subject to Subsections (e), (f), and (g), the
commission by order or resolution may issue obligations in the name
and on behalf of the state and the department and may enter into
credit agreements related to the obligations. The obligations may
be issued in multiple series and issues from time to time in an
aggregate amount not exceeding the maximum obligation amount. The
obligations may be issued on and may have the terms and provisions
the commission determines appropriate and in the interests of the
state. The obligations may be issued as long-term obligations,
short-term obligations, or both. The latest scheduled maturity of
an issue or series of obligations may not exceed 30 years.
(b) Obligations must be secured by and payable from a pledge
of and lien on all or part of the money in the fund. Obligations may
be additionally secured by and payable from credit agreements. The
commission may pay amounts due on the obligations from
discretionary money available to it that is not dedicated to or
appropriated for other specific purposes.
(c) The commission may create within the fund accounts,
reserves, and subfunds for purposes the commission finds
appropriate and necessary in connection with the issuance of
obligations.
(d) Obligations may be issued for one or more of the
following purposes:
(1) to pay all or part of the costs of constructing,
reconstructing, acquiring, and expanding state highways, including
any necessary design and acquisition of rights-of-way, in the
manner and locations determined by the commission that, according
to conclusive findings of the commission, have an expected useful
life, without material repair, of not less than 10 years;
(2) to provide participation by the state in the
payment of part of the costs of constructing and providing publicly
owned toll roads and other public transportation projects that are
determined by the commission to be in the best interests of the
state in its major goal of improving the mobility of the residents
of the state;
(3) to create debt service reserve accounts;
(4) to pay interest on obligations for a period of not
longer than two years;
(5) to refund or cancel outstanding obligations; and
(6) to pay the commission's costs of issuance.
(e) Long-term obligations in the amount proposed to be
issued by the commission may not be issued unless the comptroller
projects in a comptroller's certification that the amount of money
dedicated to the fund pursuant to Section 49-k(e), Article III,
Texas Constitution, and required to be on deposit in the fund
pursuant to Section 49-k(f), Article III, Texas Constitution, and
the investment earnings on that money, during each year of the
period during which the proposed obligations are scheduled to be
outstanding will be equal to at least 110 percent of the
requirements to pay the principal of and interest on the proposed
long-term obligations during that year.
(f) Short-term obligations in the amount proposed by the
commission may not be issued unless the comptroller, in a
comptroller's certification:
(1) assumes that the short-term obligations will be
refunded and refinanced to mature over a 20-year period with level
principal requirements and bearing interest at then current market
rates, as determined by the comptroller; and
(2) projects that the amount of money dedicated to the
fund pursuant to Section 49-k(e), Article III, Texas Constitution,
and required to be on deposit in the fund pursuant to Section
49-k(f), Article III, Texas Constitution, and the investment
earnings on that money, during each year of the assumed 20-year
period will be equal to at least 110 percent of the requirements to
pay the principal of and interest on the proposed refunding
obligations during that year.
(g) The commission may agree to further restrictions in
connection with the issuance of obligations and may retain
independent professional consultants to make projections in
addition to, but not instead of, those of the comptroller if
required as a prerequisite to the issuance of the obligations.
(h) The commission has all powers necessary or appropriate
to carry out this subchapter and to implement Section 49-k, Article
III, Texas Constitution, including the powers granted to other
bond-issuing governmental agencies and units and to nonprofit
corporations by Chapters 1201, 1207, and 1371, Government Code.
(i) As required by Section 49-k(h), Article III, Texas
Constitution, proceedings authorizing obligations and related
credit agreements to be issued and executed under this subchapter
shall be submitted to the attorney general for approval as to their
legality. If the attorney general finds that they will be issued in
accordance with this subchapter and other applicable law, the
attorney general shall approve them, and, after payment by the
purchasers of the obligations in accordance with the terms of sale
and after execution and delivery of the related credit agreements,
the obligations and related credit agreements are incontestable for
any cause.
(j) A comptroller's certification under this section must
be based on economic data, forecasting methods, and projections
that the comptroller determines are reliable.
(k) The holders of obligations and the counterparties to
credit agreements have the rights granted in Section 49-k(j),
Article III, Texas Constitution.
Added by Acts 2001, 77th Leg., ch. 1213, § 1.
§ 201.944. PLEDGE OF STATE'S FULL FAITH AND
CREDIT. (a) The commission may guarantee on behalf of the state
the payment of any obligations and credit agreements issued under
Section 201.943 by pledging the full faith and credit of the state
to the payment of the obligations and credit agreements in the event
the revenue and money dedicated to the fund pursuant to Section
49-k(e), Article III, Texas Constitution, and on deposit in the
fund pursuant to Section 49-k(f), Article III, Texas Constitution,
are insufficient for that purpose.
(b) The exercise of the authority granted by Subsection (a)
does not modify or relieve the commission from complying with
Section 201.943(e) or (f) and does not permit the issuance of
aggregate obligations in an amount exceeding the maximum obligation
amount.
(c) If the commission exercises the authority granted by
Subsection (a), the constitutional appropriation contained in
Section 49-k(g), Article III, Texas Constitution, shall be
implemented and observed by all officers of the state during any
period during which obligations and credit agreements are
outstanding and unpaid.
Added by Acts 2001, 77th Leg., ch. 1213, § 1.
§ 201.945. DEDICATION OF REVENUE TO FUND. Annually, the
revenue of the state that is dedicated or appropriated to the fund
pursuant to Section 49-k(e), Article III, Texas Constitution, shall
be deposited to the fund in accordance with Section 49-k(f),
Article III, Texas Constitution.
Added by Acts 2001, 77th Leg., ch. 1213, § 1.
§ 201.946. INVESTMENT AND USES OF MONEY IN
FUND. (a) Money in the fund may be invested in the investments
permitted by law for the investment of money on deposit in the state
highway fund.
(b) As a part of its covenants and commitments made in
connection with the issuance of obligations and the execution of
credit agreements, the commission may limit the types of
investments eligible for investment of money in the fund but may not
expand the types of investments to include any investments that are
not authorized by Subsection (a).
(c) Income received from the investment of money in the fund
shall be deposited in the fund, subject to requirements that may be
imposed by the proceedings authorizing obligations to protect the
tax-exempt status of interest payable on the obligations under the
Internal Revenue Code of 1986.
(d) To the extent money is on deposit in the fund in amounts
that are in excess of the money required by the proceedings
authorizing the obligations and credit agreements to be retained on
deposit, the commission may use the money for any purpose for which
obligations may be issued under this subchapter.
Added by Acts 2001, 77th Leg., ch. 1213, § 1.
§ 201.947. STRATEGIC PLAN. The commission may not issue
obligations under this subchapter before the department has
developed a strategic plan that outlines how the money will be used
and the benefit the state will derive from use of money in the fund.
Added by Acts 2001, 77th Leg., ch. 1213, § 1.
SUBCHAPTER N. HIGHWAY TAX AND REVENUE ANTICIPATION NOTES
§ 201.961. DEFINITIONS. In this subchapter:
(1) "Committee" means the cash management committ
