Part I.
Texas Department of Transportation
Chapter 2.
Environmental Policy
Subchapter D. Public Participation Programs
43 TAC §2.63
The Texas Department of Transportation proposes amendments
to §2.63, concerning the Adopt-a-Highway Program.
EXPLANATION OF PROPOSED AMENDMENTS
Section 2.63 is amended by adding new subsection (h) which provides for
a pilot program concerning memorial adoptions. The amendment will allow the
adoption of a section of the state highway system in memory of an individual
within the existing framework for the Adopt-a-Highway Program. The current
Program limits adoption eligibility to members or employees of civic and nonprofit
organizations, employees of private businesses and governmental entities,
and families. The department erects a sign at each end of the adopted section
with the group's name or acronym displayed. The amendment would allow the
adoption of three sections of highway, as selected by the executive director,
in memory of an individual who has died as a result of a motor vehicle accident
on the state highway.
This amendment will allow the department to determine whether memorial
adoptions, by increasing awareness of traffic safety, should be implemented
as a permanent part of the Adopt-a-Highway Program.
FISCAL NOTE
Thomas Doebner, Interim Director, Finance Division, has determined that
for the first five-year period the amendment is in effect, there will be no
fiscal implications for state or local governments as a result of enforcing
or administering the amendment. There are no anticipated economic costs for
persons required to comply with the amendment as proposed.
Doris Howdeshell, Director, Travel Division has certified that there will
be no significant impact on local economies or overall employment as a result
of enforcing or administering the amendment.
PUBLIC BENEFIT
Ms. Howdeshell has also determined that for each year of the first five
years that the amendments are in effect, the public benefit anticipated as
a result of enforcing the section will be an increased public awareness to
traffic safety. There will be no effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed amendment may be submitted to Doris Howdeshell,
Director, Travel Division, Texas Department of Transportation, 125 East 11th
Street, Austin, Texas 78701-2483. The deadline for receipt of written comments
is 5:00 p.m. on September 13, 1999.
STATUTORY AUTHORITY
The amendment is proposed under Transportation Code, §201.101, which
provides the Texas Transportation Commission with the authority to promulgate
rules for the conduct of the work of the Texas Department of Transportation.
No statutes, articles, or codes are affected by the proposed amendments.
§2.63.Adopt-a-Highway Program.
(a)-(g)
(No change.)
(h)
Memorial adoptions; pilot program. The
department will implement a pilot program allowing an eligible group to adopt
a section of highway as a memorial to an individual who has died as a result
of a motor vehicle accident on the state highway system. Except as provided
in this subsection, all applicable provisions of this subchapter governing
the Adopt-a-Highway program apply to memorial adoptions under this subsection.
(1)
The adopting group must include family
members of the individual in whose memory the section of highway is adopted.
(2)
A sign erected for a memorial adoption
may include the phrase "in memory of" and the name of the individual in whose
memory the section is adopted, along with the name of the adopting group.
(3)
The executive director will approve
no more than three memorial adoptions. In approving adoptions, the executive
director will consider:
(A)
the availability of sections of highway
on the state highway system that are appropriate for litter control by volunteers;
and
(B)
the potential of the proposed adoption
to increase public awareness in traffic safety.
(4)
The requirements of subsection
(b)(2)(B) of this section do not apply if the adopting group adopts the segment
of highway on which the accident occurred.
(5)
Except as provided in paragraph (6),
this subsection expires August 31, 2003.
(6)
An adoption agreement in effect on
August 31, 2003 will remain in effect through the term specified in the agreement.
The adopting group may continue to renew its agreement in accordance with
subsection (g) of this section and shall remain subject to the terms of this
subsection.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on August
2, 1999.
TRD-9904646
Richard Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: September 12, 1999
For further information, please call: (512) 463-8630
Subchapter A. General
43 TAC §§25.4, 25.8, 25.10
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Department of Transportation or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Transportation proposes
the repeal of §25.4, concerning the joint use of highway right of way,
§25.8 concerning the maintenance of designated highways in incorporated
cities, towns or villages, and §25.10 concerning signs on state highway
right of way.
EXPLANATION OF PROPOSED REPEALS
Title 43, Texas Administrative Code was originally divided into various
chapters by department title. Certain rules relating to maintenance of the
state highway system were originally under Chapter 25 when it was titled "Division
of Maintenance and Operations." The Administrative Code has since been reorganized
by subject matter; therefore, existing §25.4, §25.8, and §25.10
more appropriately pertain to Chapter 29, Maintenance, and are being repealed
and simultaneously proposed as new §§29.4-29.6.
FISCAL NOTE
Thomas Doebner, Interim Director, Finance Division, has determined that
for the first five-year period the repeals are in effect, there will be no
fiscal implications for state or local governments as a result of enforcing
or administering the repeals. There are no anticipated economic costs for
persons required to comply with the repeals as proposed.
Carlos A. Lopez, P.E., Director, Traffic Operations Division, has certified
that there will be no significant impact on local economies or overall employment
as a result of enforcing or administering the repeals.
PUBLIC BENEFIT
Mr. Lopez has also determined that for each year of the first five years
the repeals are in effect the public benefit anticipated as a result of enforcing
or administering the repeals will be a more orderly organization of department
rules by subject matter. There will be no effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed repeals may be submitted to Carlos A.
Lopez, P.E., Director, Traffic Operations Division, 125 East 11th Street,
Austin, Texas 78701-2483. The deadline for receipt of comments will be 5:00
p.m. on September 13, 1999.
STATUTORY AUTHORITY
The repeals are proposed under Transportation Code, §201.101, which
provides the Texas Transportation Commission with the authority to establish
rules for the conduct of the work of the Texas Department of Transportation
No statutes, articles, or codes are affected by the proposed repeals.
§25.4.Joint Use of Highway Right-of-Way.
§25.8.Maintenance of Designated Highways in Incorporated Cities, Towns, or Villages.
§25.10.Signs on State Highway Right-of-Way.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on August
2, 1999.
TRD-9904647
Richard Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: September 12, 1999
For further information, please call: (512) 463-8630
43 TAC §25.7
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Department of Transportation or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Transportation proposes
the repeal of §25.7, relating to removal and storage of personal property.
EXPLANATION OF PROPOSED REPEAL
Section 25.7 prescribes the requirements and procedures for the removal
of spilled cargo or other personal property from the state highway system.
Due to department reorganizations, the responsibility for the removal of spilled
cargo or personal property now resides in the Maintenance Division. This section
is no longer necessary due to the proposed simultaneous adoption of the re-enacted
subject matter in new §29.2.
FISCAL NOTE
Thomas Doebner, Interim Director, Finance Division, has determined that
for the first five-year period the repeal is in effect, there will be no fiscal
implications for state or local governments as a result of enforcing or administering
the repeal. There are no anticipated economic costs for persons required to
comply with the repeal as proposed.
Carlos A. Lopez, P.E., Director, Traffic Operations Division, has certified
that there will be no significant impact on local economies or overall employment
as a result of enforcing or administering the repeal.
PUBLIC BENEFIT
Mr. Lopez has also determined that for each year of the first five years
the repeal is in effect the public benefit anticipated as a result of enforcing
or administering the repeal will be to allow for improved reorganization of
the department's rules. There will be no effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed repeal may be submitted to Carlos A. Lopez,
P.E., Traffic Operations Division, 125 East 11th Street, Austin, Texas 78701-2483.
The deadline for receipt of comments will be 5:00 p.m. on September 13, 1999.
STATUTORY AUTHORITY
The repeal is proposed under Transportation Code, §201.101, which
provides the Texas Transportation Commission with the authority to establish
rules for the conduct of the work of the Texas Department of Transportation.
No statutes, articles, or codes are affected by the proposed repeal.
§25.7.Removal and Storage of Personal Property.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on August
2, 1999.
TRD-9904649
Richard Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: September 12, 1999
For further information, please call: (512) 463-8630
43 TAC §§25.21-25.33
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Department of Transportation or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Transportation proposes
the repeal of §§25.21-25.33, relating to the Movement of Hazardous
Materials Through the Baytown-LaPorte Tunnel.
EXPLANATION OF PROPOSED REPEALS
These sections outline the requirements of operating vehicles and the movement
of hazardous materials through the Baytown-La Porte Tunnel. Construction of
a new bridge over the Houston Ship Channel has been completed and the Baytown-La
Porte tunnel is closed to vehicle traffic. Since this tunnel is no longer
in use by the traveling public, these rules are not necessary.
FISCAL NOTE
Thomas Doebner, Interim Director, Finance Division, has determined that
for the first five-year period the repeals are in effect, there will be no
fiscal implications for state or local governments as a result of enforcing
or administering the repeals. There are no anticipated economic costs for
persons required to comply with the repeals as proposed.
Zane Webb, P.E., Director, Maintenance Division, has certified that there
will be no significant impact on local economies or overall employment as
a result of enforcing or administering the repeals.
PUBLIC BENEFIT
Mr. Webb has also determined that for each year of the first five years
the repeals are in effect the public benefit anticipated as a result of enforcing
or administering the repeals will be a more orderly organization of the department's
rules by the removal of rules that refer to a system that no longer exists.
There will be no effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed repeals may be submitted to Zane Webb,
P.E., Director, Maintenance Division, 125 East 11th Street, Austin, Texas,
78701-2483. The deadline for receipt of comments will be 5:00 p.m. on September
13, 1999.
STATUTORY AUTHORITY
The repeals are proposed under Transportation Code, §201.101, which
provides the Texas Transportation Commission with the authority to establish
rules for the conduct of the work of the Texas Department of Transportation.
No statutes, articles, or codes are affected by the proposed repeals.
§25.21.Purpose.
§25.22.Applicability.
§25.23.Reference to DOT Regulations.
§25.24.Portion of the Code of Federal Regulations Adopted.
§25.25.Definitions and Abbreviations.
§25.26.Loading Limitations and Restrictions.
§25.27.Inspection of Vehicle Load.
§25.28.Operation of Vehicles.
§25.29.Types of Traffic Excluded.
§25.30.Prohibited Materials.
§25.31.Advance Notice.
§25.32.Responsibility for Damages.
§25.33.Conformity with Federal and State Regulations.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
August 2, 1999.
TRD-9904651
Richard Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: September 12, 1999
For further information, please call: (512) 463-8630
43 TAC §§25.41-25.46
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Department of Transportation or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Transportation proposes
the repeal of §§25.41-25.46, concerning Operation of Ferry Boats.
EXPLANATION OF PROPOSED REPEALS
Chapter 25, Traffic Operations, §§25.41-25.46 contain general
guidelines, vehicle requirements, and safety regulations for the operation
of ferry boats. Due to department reorganization, the responsibility for ferry
boats now resides in the Maintenance Division instead of the Traffic Operations
Division. These sections are no longer necessary due to the simultaneous proposed
adoption of the re-enacted subject matter in Chapter 29, Maintenance, new
§§29.41-29.50 concerning operation of state-owned ferries.
FISCAL NOTE
Thomas Doebner, Interim Director, Finance Division, has determined that
for the first five-year period the repeals are in effect, there will be no
significant fiscal implications for state or local governments as a result
of enforcing or administering the repealed sections. There are no anticipated
economic costs for persons required to comply with the repeals as proposed.
Zane Webb, P.E., Director, Maintenance Division, has certified that there
will be no significant impact on local economies or overall employment as
a result of enforcing or administering the repeals.
PUBLIC BENEFIT
Mr. Webb has also determined that for each year of the first five years
the repeals are in effect, the public benefit anticipated as a result of the
repeals will be to allow for improved organization of the department's rules.
There will be no effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed repeals may be submitted to Zane Webb,
P.E., Director, Maintenance Division, 125 East 11th Street, Austin, Texas,
78701-2483. The deadline for receipt of comments will be 5:00 p.m. on September
13, 1999.
STATUTORY AUTHORITY
The repeals are proposed under Transportation Code, §201.101, which
provides the Texas Transportation Commission with the authority to establish
rules for the conduct of the work of the Texas Department of Transportation.
No statutes, articles, or codes are affected by the proposed repeals.
§25.41.Service Schedule.
§25.42.Vehicle Requirements.
§25.43.Priorities.
§25.44.Safety Regulations.
§25.45.Authority of Master.
§25.46.Tolls.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
August 2, 1999.
TRD-9904652
Richard Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: September 12, 1999
For further information, please call: (512) 463-8630
Subchapter A. General
43 TAC §29.2
The Texas Department of Transportation proposes new §29.2,
relating to Removal and Storage of Personal Property.
EXPLANATION OF PROPOSED NEW SECTION
Transportation Code, §§472.011-472.014, authorize the department
to remove and dispose of personal property on state highways and rights of
way. Existing §25.7(e)(2)(A) states that department personnel can remove
a vehicle to a vehicle storage facility. Since it is TxDOT's intent to move
disabled or damaged vehicles from the travel lanes or shoulders only so far
as is necessary to ensure the safety of the traveling public, new §29.2
removes reference to vehicle storage facilities.
At present, the existing rule is codified in Chapter 25, Traffic Operations.
It more appropriately should be in Chapter 29, Maintenance. Therefore, existing
§25.7 is proposed for repeal and simultaneously new §29.2 is proposed
for adoption with only one change which removes the reference to removing
a vehicle to a vehicle storage facility.
FISCAL NOTE
Thomas Doebner, Interim Director, Finance Division, has determined that
for the first five-year period the new section is in effect, there will be
no fiscal implications for state or local governments as a result of enforcing
or administering the new section. There are no anticipated economic costs
for persons required to comply with the new section as proposed.
Carlos A. Lopez, P.E., Director, Traffic Operations Division, has certified
that there will be no significant impact on local economies or overall employment
as a result of enforcing or administering the new section.
PUBLIC BENEFIT
Mr. Lopez has also determined that for each year of the first five years
the new section is in effect the public benefit anticipated as a result of
enforcing or administering the new section will be to ensure that damaged
or disabled vehicles are removed from the shoulders or travel lanes of the
state highway system in accordance with existing state law. There will be
no effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed new section may be submitted to Carlos
A. Lopez, P.E., Director, Traffic Operations Division, 125 East 11th Street,
Austin, Texas, 78701-2483. The deadline for receipt of comments will be 5:00
p.m. on September 13, 1999.
STATUTORY AUTHORITY
The new section is proposed under Transportation Code, §201.101, which
provides the Texas Transportation Commission with the authority to establish
rules for the conduct of the work of the Texas Department of Transportation,
and more specifically, Transportation Code, §§472.011-472.014, which
authorize the Texas Department of Transportation to remove and dispose of
spilled cargo and other personal property on state highways and rights of
way.
No statutes, articles, or codes are affected by the proposed new section.
§29.2.Removal and Storage of Personal Property.
(a)
Purpose. Transportation Code, §§472.011-472.014,
authorize the Texas Department of Transportation to remove and dispose of
spilled cargo or other personal property on state rights of way or a portion
of the roadway of the state highway system. This section prescribes the requirements
and procedures for the removal of spilled cargo or other personal property
from the highway system.
(b)
Definitions. The following words and terms, when used in
this section, shall have the following meanings, unless the context clearly
indicates otherwise.
(1)
Department--The Texas Department of Transportation.
(2)
District--One of the 25 geographical areas managed
by a district engineer, in which the department conducts its primary work
activities.
(3)
Hazardous material--Material as defined by the Hazardous
Material Transportation Act (49 U.S.C. §5102).
(4)
Hazardous substance--Material as defined by the Texas
Hazardous Substances Spill Prevention and Control Act (Water Code, §26.263).
(5)
Personal property--Property of any kind or character
that comes to rest within state right of way or a portion of the roadway of
the state highway system, including:
(A)
a vehicle;
(B)
spilled cargo;
(C)
a hazardous material; and
(D)
a hazardous substance.
(6)
Vehicle--A device in or by which a person or
property is or may be transported or drawn on a public highway, other than
a device used exclusively on stationary rails or tracks.
(c)
General conditions warranting removal of personal property.
(1)
The department may, without the consent of the owner or
carrier, remove personal property from the state's right of way if the department
considers this cargo or property to be blocking the roadway or endangering
public safety.
(2)
For each occurrence, the department will determine
whether the removal of the personal property is warranted based on the following
considerations:
(A)
the safety of department employees;
(B)
the safety of the public;
(C)
the operation of the highway facilities;
(D)
the protection of the state investment;
(E)
the availability of resources for removal operations; and
(F)
the availability of storage space at a department facility.
(3)
If the department determines that removal is
necessary, it will remove the property with as much care as is practical under
the existing conditions.
(4)
The department will remove property that it believes
is a hazardous material or a hazardous substance in compliance with Government
Code, §411.018, and the Texas Hazardous Substances Spill Prevention and
Control Act, Water Code, Chapter 26, Subchapter G.
(5)
The department and its employees do not assume responsibility
for damage to the property resulting from removal.
(d)
Notification of property owner.
(1)
The department, through its local districts, will attempt
to contact the owner or carrier of the property through information obtained
from the property or through inquiries from the owner or carrier.
(2)
If the department is unable to ascertain the identity
of the property owner within 30 days of the removal, the department will dispose
of the property in the manner the department deems most suitable.
(e)
Storage of Property.
(1)
Property other than vehicles.
(A)
Removal of property may include transportation to and/or
storage of the property at a site other than the spill location.
(B)
The owner or carrier is responsible for the security of
the property and the integrity of any perishable goods at all times.
(C)
The owner or carrier will claim and take possession of
the property as soon as possible after its relocation from the spill site.
The department may dispose of the property if the owner, after notification,
fails to take possession within 10 days.
(D)
The owner or carrier is responsible for the costs of removal
and disposing of the property. The department will bill the responsible party
for all costs and the responsible party shall remit the costs to the department
within 30 days of the date of billing. If the responsible party fails to remit
all costs, the department may refer the matter to the Office of the Attorney
General for collection.
(2)
Removal of vehicles.
(A)
The department will move a vehicle from the roadway or
shoulder as necessary to prevent a disabled or damaged vehicle from blocking
the roadway or endangering public safety. In some circumstances, this may
require the department to move, or arrange to move, a vehicle to a location
away from the original site.
(B)
The vehicle owner will be responsible for all costs associated
with the removal and storage of a vehicle.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of the Secretary of State, on
August 2, 1999.
TRD-9904650
Richard Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: September 12, 1999
For further information, please call: (512) 463-8630
43 TAC §§29.4-29.6
The Texas Department of Transportation proposes new §29.4,
relating to the Joint Use of Highway Right of Way, new §29.5, relating
to the Maintenance of Designated Highways in Incorporated Cities, Towns or
Villages, and new §29.6 relating to Signs on State Right of Way.
EXPLANATION OF PROPOSED NEW SECTIONS
Title 43, Texas Administrative Code was originally divided into various
chapters by department title. Certain rules relating to maintenance of the
state highway system were originally under Chapter 25 when it was titled "Division
of Maintenance and Operations." The Administrative Code has since been reorganized
by subject matter; therefore, existing §25.4, §25.8, and §25.10
more appropriately pertain to Chapter 29, Maintenance, and are being repealed
and simultaneously proposed as new §§29.4-29.6. The new sections
update current citations to the Transportation Code and current name of the
Texas Transportation Commission. All other provisions remain the same as appeared
in Chapter 25.
Proposed adoption of new §§29.4-29.6 is necessary to replace
§25.4, §25.8 and §25.10 which are simultaneously proposed for
repeal.
FISCAL NOTE
Thomas Doebner, Interim Director, Finance Division, has determined that
for the first five-year period the new sections are in effect, there will
be no fiscal implications for state or local governments as a result of enforcing
or administering the new sections. There are no anticipated economic costs
for persons required to comply with the sections as proposed.
Carlos A. Lopez, P.E., Director, Traffic Operations Division, has certified
that there will be no significant impact on local economies or overall employment
as a result of enforcing or administering the new sections.
PUBLIC BENEFIT
Mr. Lopez has also determined that for each year of the first five years
the new sections are in effect the public benefit anticipated as a result
of enforcing or administering the new sections will be a more orderly organization
of department rules by subject matter. There will be no effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed new sections may be submitted to Carlos
A. Lopez, P.E., Director, Traffic Operations Division, 125 East 11th Street,
Austin, Texas, 78701-2483. The deadline for receipt of comments will be 5:00
p.m. on September 13, 1999.
STATUTORY AUTHORITY
The new sections are proposed under Transportation Code, §201.101,
which provides the Texas Transportation Commission with the authority to establish
rules for the conduct of the work of the Texas Department of Transportation.
No statutes, articles, or codes are affected by the proposed new sections.
§29.4.Joint Use of Highway Right of Way.
(a)
The public use of specified areas beneath overhead structures
or certain other areas of right of way will be considered by the department
when local governmental authorities or other state or federal agencies indicate
a willingness to cooperate in the development of the same. Each proposed instance
of joint use will be considered on its individual merits and the respective
responsibilities of the department and other parties involved shall be fixed
by agreement.
(b)
Department approval for the joint use of highway right
of way may be given only when it is considered to be in the public's interest
and it has been determined from engineering and traffic investigations that
it would not damage the highway facilities, impair safety, impede highway
maintenance, or in any way restrict the operation of the freeway or highway
facility.
§29.5.Maintenance of Designated Highways in Incorporated Cities, Towns, or Villages.
(a)
The department, when and if requested by the proper governing
officials of an incorporated city, town, or village, may maintain highway
routes, as may now or hereinafter be officially designated on the state highway
system by the Texas Transportation Commission, in such incorporated cities,
towns, or villages; provided, all items that affect property rights, life,
health, etc., of adjacent property owners and dwellers within the limits of
the incorporated cities, towns, or villages shall remain a function and responsibility
of the incorporated cities, towns, or villages.
(b)
The department's maintenance duties on noncontrolled access
highways on the state highway system, except for special highway routes which
have unusual conditions or historically significant features where it would
be in the state's best interest to allow or require the incorporated city,
town, or village to maintain, shall include the following:
(1)
the traveled surface and foundation beneath such traveled
surface necessary for the proper support of same under vehicular loads encountered;
(2)
assistance in mowing and litter pickup;
(3)
assistance in sweeping and otherwise cleaning the
pavement;
(4)
assistance in snow and ice control;
(5)
normal markings and signs necessary for directing
highway traffic in a safe and efficient manner; and
(6)
drainage facilities within the limits of the right
of way.
(c)
The department's maintenance duties on controlled access
highways on the state highway system shall include the following:
(1)
the traveled surface of the through lanes, ramps, and frontage
roads and foundation beneath such traveled surface necessary for the proper
support of same under vehicular loads encountered;
(2)
mowing and litter pickup between frontage roads or
the entire right of way where no frontage roads exist, and assistance in mowing
and litter pickup between the frontage roads and the right of way;
(3)
sweeping and otherwise cleaning the through lanes
and ramps, and assistance in sweeping and otherwise cleaning the frontage
roads and separation structures or roadways;
(4)
snow and ice control on the through lanes and ramps,
and assistance in snow and ice control on frontage roads and separation structures
or roadways;
(5)
normal markings and signs necessary for directing
highway traffic in a safe and efficient manner; and
(6)
drainage facilities within the limits of the right
of way.
§29.6.Signs on State Highway Right of Way.
(a)
Purpose. Texas Transportation Code, Chapter 392, Subchapter
B, prohibits persons from erecting, placing, or maintaining a sign on the
right of way of a highway designated as part of the state highway system unless
authorized by state law. Subchapter B further authorizes the department to
remove and dispose of unauthorized signs and to adopt rules for the enforcement
of this subchapter. This section prescribes policies and procedures governing
the removal and disposal of unauthorized signs.
(b)
Definitions. The following words and terms, when used in
this section, shall have the following meanings, unless the context clearly
indicates otherwise.
(1)
Department--The Texas Department of Transportation.
(2)
Permanent sign--Any sign permanently affixed or attached
to the ground or a structure, or which cannot be removed without special handling.
(3)
Reasonably ascertainable name and address--The name
and mailing address of the owner are displayed on the sign, or a name is displayed
on the sign from which the department can identify the name and address of
the owner.
(4)
Sign--Any outdoor sign, display, light, device, figure,
painting, drawing, message, plaque, poster, or other thing that is designed,
intended, or used to advertise or inform.
(c)
Removal.
(1)
Immediate removal. Except as provided in paragraphs (2)
and (3) of this subsection, the department may immediately and without prior
notice remove a sign erected, placed, or maintained, in whole or in part,
on state highway right of way if the sign is not authorized by state law or
approved by the department.
(2)
Permanent signs. If the name and address of the owner
of a permanent unauthorized sign is reasonably ascertainable, the department
will notify the owner to remove the sign. If the owner does not remove the
sign within 14 calendar days of the date notice is mailed, the department
may remove the sign without further notice.
(3)
Regulated signs. If a sign authorized under Texas
Transportation Code, Chapter 391, Subchapters B and C, and Chapter 394, encroaches
on state highway right of way, the department will notify the owner of the
sign of the encroachment and request that the encroachment be remedied. If
the owner does not remedy the encroachment within 31 calendar days of the
date notice is mailed, the department will remove the portion of the sign
that is in the right of way.
(4)
Sign storage. Removed signs will be stored at a department
maintenance office pending disposal.
(d)
Disposal.
(1)
The department may dispose of a sign removed under this
section unless the sign is claimed by the owner not later than the 10th day
after the date of removal or the date notice is mailed under paragraph (2)
of this subsection, whichever date is later.
(2)
If the name and address of the owner is reasonably
ascertainable, the department will, within three working days of the date
of removal, forward written notice by certified mail to the owner of the sign
stating that the sign has been removed and will be disposed of by the department
after the 10th day from the date of the letter unless claimed by the owner.
(e)
Removal costs.
(1)
The department will notify the owner of a sign removed
under this section of the removal costs, and the owner shall remit the costs
to the department within 30 days of the date of the notice. If the owner fails
to remit all costs, the department may refer the matter to the Office of the
Attorney General for collection.
(2)
Removal costs will be determined as follows.
(A)
The costs of removing a nonpermanent unauthorized sign
will be the average cost for removing an unauthorized nonpermanent sign in
the district in which the sign is located.
(B)
The costs for removing a permanent unauthorized sign will
be the average cost per square foot for removing an unauthorized permanent
sign in the district in which the sign is located.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of the Secretary of State, on
August 2, 1999.
TRD-9904648
Richard Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: September 12, 1999
For further information, please call: (512) 463-8630
43 TAC §§29.41-29.50
The Texas Department of Transportation proposes new §§29.41-29.50,
concerning operation of state-owned ferries.
EXPLANATION OF PROPOSED NEW SECTIONS
Transportation Code, Section 342.001, authorizes the department to operate
one or more ferries connecting designated state highways. These new sections
describe the policies and procedures governing the operation of state-owned
ferries. Due to department reorganization, the responsibility for ferry boats
now resides in the Maintenance Division instead of the Traffic Operations
Division. Therefore, these new sections in Chapter 29, Maintenance, replace,
in an amended form, existing §§25.41-25.46 in Chapter 25, Traffic
Operations, which are simultaneous proposed for repeal.
Section 29.41 describes the purpose of this new subchapter.
Section 29.42 provides the definitions of the words and terms used in this
subchapter.
In order to conform to federal regulations related to the transport of
hazardous materials on vessels in waters of the United States, §29.43
outlines the federal regulations adopted by reference that are found in Title
49, United States Code. This section provides the authority to regulate material
transport and benefits the safety and welfare of the traveling public.
Ferries operated by the department are classified and operate as passenger
vessels. The transport of hazardous materials is not permitted aboard a vessel
classified as a passenger vessel. Section 29.44 provides the procedure for
temporarily changing the classification from passenger vessel to cargo vessel
to allow the transport of a hazardous material under an emergency situation.
Section 29.45 authorizes the ferry operations manager to establish a ferry
service schedule to provide for the efficient movement of the traveling public.
The substance of this section remains unchanged from §25.41 of the previous
rules.
Section 29.46 authorizes the ferry captain to make decisions in all areas
of the ferry operation to ensure public health, safety, and welfare of the
traveling public and to preserve department property. The substance of this
section closely corresponds to §25.45 in the previous rules.
Section 29.47 provides requirements for boarding of vehicles for the safe
and efficient operation of the ferry system. The substance of this section
closely corresponds to §25.42 of the previous rules. New §29.47
includes the requirement that all flames are to be extinguished and motorized
mechanisms or equipment be turned off if determined to be unsafe by the ferry
captain. The new section also requires the operator of a vehicle to remain
near the vehicle.
Section 29.48 describes vehicles which may receive priority boarding over
other vehicles because of emergency or humanitarian reasons. The substance
of this section closely corresponds to §25.43 of the previous rules.
This section of the new rules excludes the priority boarding of U.S. Postal
Service vehicles which were included in the previous rules, as the delivery
of mail is not an emergency operation. The new rules include priority boarding
of U.S. Coast Guard vehicles in response to or returning from emergencies
and school buses going to or returning from school functions. The new rules
also allow the ferry captain or the ferry operations manager sole discretion
to priority board a vehicle for humanitarian reasons. The provision for allowing
priority boarding of vehicle for humanitarian reasons was included to provide
the flexibility to board in other life threatening and emergency situations
that were not specifically listed in the rules.
Section 29.49 describes vehicles, persons, or items prohibited from boarding
a ferry to protect the safety of the traveling public and to preserve department
property. Section 25.45 of the previous rules closely corresponded in substance
and authorized the master to refuse any vehicle or person the right of entry
upon the ferry if that vehicle or person posed a potential threat to other
passengers or the vessel. This section of the new rules provides the ferry
operations manager or the ferry captain the final decision-making authority
on boarding refusal if they believe that refusal is necessary to protect public
health, safety, or welfare or department property. Also, this section specifically
lists conditions and items which would be cause to refuse boarding of vehicles
or persons.
Section 29.50 describes prohibited activities at the ferry landings and
onboard the ferries to protect the safety of the traveling public and to preserve
department property. The substance of this section remains unchanged from
§25.44 of the previous rules.
FISCAL NOTE
Thomas Doebner, Interim Director, Finance Division, has determined that
for the first five-year period the new sections are in effect, there will
be no significant fiscal implications for state or local governments as a
result of enforcing or administering the proposed new sections. There are
no anticipated economic costs for persons required to comply with the sections
as proposed.
Zane Webb, P. E., Director, Maintenance Division, has certified that there
will be no significant impact on local economies or overall employment as
a result of enforcing or administering the new sections.
PUBLIC BENEFIT
Mr. Webb has also determined that for each year of the first five years
the new sections are in effect, the public benefit anticipated as a result
of enforcing the sections will be greater protection for the safety of the
traveling public and improved organization of the department's rules. There
will be no effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed new sections may be submitted to Zane
Webb, P.E., Director, Maintenance Division, 125 East 11th Street, Austin,
Texas 78701-2483. The deadline for receipt of comments will be 5:00 p.m. on
September 13, 1999.
STATUTORY AUTHORITY
The new sections are proposed under Transportation Code, §201.101,
which provides the Texas Transportation Commission with the authority to establish
rules for the conduct of the work of the Texas Department of Transportation.
No statutes, articles, or codes are affected by the proposed repeals.
§29.41.Purpose.
Transportation Code, Section 342.001, authorizes the Texas Department
of Transportation to operate one or more ferries connecting designated state
highways. The purpose of this subchapter is to set forth the policies and
procedures governing the operation of a state-owned ferry.
§29.42.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
CFR - The parts of the United States Code of Federal Regulations
officially adopted for applicability to this subchapter in §29.43 of
this title (relating to Adoption of Federal Regulations).
(2)
Department - The Texas Department of Transportation.
(3)
District - One of the 25 geographical areas, managed
by a district engineer, in which the department conducts its primary work
activities.
(4)
District engineer - The chief administrative officer
in charge of a district of the department.
(5)
Ferry - A state-owned passenger or cargo vessel.
(6)
Ferry captain - An employee of the department who
is in charge of operating a ferry.
(7)
Ferry operations manager - The chief administrative
officer of one of the department's ferry systems located in either Galveston
or Nueces County.
(8)
Hazardous materials table - The table found in the
CFR, which lists various hazardous materials, their hazard class, and the
risks associated with the material.
(9)
Humanitarian purposes - Circumstances warranting special
consideration for priority boarding, including, but not limited to, family
emergencies, assisting in a law enforcement matter, public safety, and the
safeguarding of life or property.
(10)
Passenger - A person aboard a ferry other than the
ferry captain, a member of the ferry's crew, or other representative of the
department.
(11)
Passenger cab - The interior cabin of a vehicle containing
seating for one or more occupants of the vehicle. This term does not mean
the bed of a vehicle.
(12)
Public highway - Any publicly owned and maintained
street, road, or highway within Texas.
(13)
Vehicle - Every device, including, but not limited
to, automobiles, trucks, tractors, trailers, semitrailers, buses, motor homes,
recreational vehicles, motorcycles, bicycles, in or by which any person or
property is or may be transported, drawn, or otherwise carried upon a public
highway, except devices used exclusively upon stationary rail or tracks. The
term includes any item attached, affixed, or connected to the vehicle in any
manner.
§29.43.Adoption of Federal Regulations.
(a)
With the exception of the sections listed in subsection
(b) of this section, Title 49, United States Code of Federal Regulations,
Parts 171, 172, 173, 176, 177, and 178 of Chapter 1, Subchapter C-Hazardous
Materials Regulations, are officially adopted by the department by reference
for applicability to this subchapter.
(b)
The following sections of Title 49, Chapter 1, Subchapter
C are not adopted:
(1)
§171.11;
(2)
§173.10;
(3)
§173.27;
(4)
§173.31;
(5)
§173.314;
(6)
§173.319;
(7)
§176, Subpart F; and
(8)
§177.810.
§29.44.Classification of Ferries.
Ferries operated by the department are classified and operate as passenger
vessels. In a local, state, or national emergency, or at such other time as
may be required to accommodate or facilitate department needs, the department
may change the classification of one or more of its ferries from passenger
vessel to cargo vessel to allow the carriage of a hazardous material that
would not be permitted aboard a ferry classified as a passenger vessel. Before
changing the classification of a ferry operating as a passenger vessel to
a cargo vessel, the department will obtain the permission of the local United
States Coast Guard Marine Inspection Office.
§29.45.Ferry Service Schedule.
Ferry operations will be scheduled to take care of the needs of the
traveling public insofar as is safe and practicable, as determined by the
ferry operations manager, and subject to the approval of the district engineer.
§29.46.Authority of the Ferry Captain.
(a)
All instructions and warnings given by the ferry captain
or the ferry captain's representative shall at all times be immediately observed
and complied with by:
(1)
persons in a ferry staging area or ferry landing; and
(2)
passengers.
(b)
All traffic lights and signs shall be obeyed unless directed
otherwise by the ferry captain, the ferry captain's representative, or by
law enforcement officers.
(c)
The authority and decisions of the ferry captain, including
the decision making authority delegated by the ferry captain to one or more
representatives, is final in all areas of operation of the ferry, including,
but not limited to, the ferry staging areas, ferry landings, the ferry, and
the voyage.
(d)
Before leaving the ferry staging area, the ferry captain
shall have the authority to order the removal of any and all passengers, vehicles,
equipment, animals, or any other property from the ferry if it is necessary
to ensure public health, safety, or welfare, or to preserve department property.
§29.47.Boarding of Vehicles.
(a)
No vehicle shall be operated on department property, including,
but not limited to, the ferry staging areas, ferry landings, ferry public
parking areas, or aboard a ferry, in a negligent or reckless manner.
(b)
The person driving a vehicle onto a ferry shall:
(1)
drive the vehicle to the location as indicated by the ferry
captain or the captain's representative;
(2)
securely set the parking brake of the vehicle;
(3)
shut off the vehicle's motor and not restart the vehicle's
motor until the ferry has reached the designated destination and the ferry
is securely docked, and the ferry captain is instructing passengers to disembark;
(4)
shut off all flames and any motorized mechanism or
equipment, such as refrigerating or heating equipment, on or connected in
any manner to the vehicle if determined by the ferry captain or by the captain's
representative to be unsafe;
(5)
observe at all times any instructions given by the
ferry captain or the captain's representative, while driving onto the ferry,
while aboard the ferry, and while driving off the ferry after the ferry has
reached the designated destination and is securely docked;
(6)
make no repairs to the vehicle aboard the ferry; and
(7)
remain with or near the vehicle while the vehicle
is at the ferry staging area, aboard the ferry, or at the ferry landing.
§29.48.Boarding Priorities.
(a)
The following vehicles, in no specific order of priority,
shall have priority over all other vehicles in boarding a ferry:
(1)
ambulances when transporting sick or injured persons, or
when responding to or returning from medical emergencies;
(2)
other vehicles transporting sick or injured persons;
(3)
fire department vehicles when responding to or returning
from fire or medical emergencies;
(4)
medical doctors who are enroute for the emergency
care of the sick or injured;
(5)
law enforcement officers when engaged in the performance
of an official duty;
(6)
U.S. Coast Guard vehicles when responding to or returning
from marine emergencies;
(7)
school buses when going to or returning from school
functions; and
(8)
funeral processions.
(b)
Vehicles that do not qualify as one of the vehicles described
in subsection (a) of this section shall have no priority over each other unless
the ferry captain or ferry operations manager, at his or her sole discretion,
allows priority boarding for humanitarian purposes.
§29.49.Boarding Prohibitions.
(a)
Final authority. The ferry captain is the final decision-maker
as to whether a person or item of property is classified as a type of traffic
prohibited from boarding a ferry.
(b)
Animal assisting disabled passenger. Nothing in this section
is intended to prohibit an animal trained in assisting a disabled person from
boarding a ferry when the animal is engaged in assisting a passenger with
a disability.
(c)
Persons and vehicles prohibited. The following persons
and vehicles are prohibited from boarding a ferry:
(1)
a vehicle or a person carrying any material that according
to the CFR or this subchapter is prohibited aboard;
(2)
a vehicle exceeding the maximum size or weight allowable
on a public highway as provided by Transportation Code, Chapter 621;
(3)
a vehicle with one or more persons lying, reclining,
standing, or in any other manner riding, in part or in whole, on the outside
of a vehicle's passenger cab or a vehicle's truck bed;
(4)
a vehicle having one or more flat tires, excluding
bicycles;
(5)
a vehicle which is stalled or a vehicle with an inoperable
motor, excluding vehicles properly in tow as required by this section;
(6)
a driver of a vehicle who exhibits one or more characteristics
of intoxication or one or more characteristics of being under the influence
of any chemical substance;
(7)
a vehicle with one or more metal tires;
(8)
a vehicle carrying an animal which is not completely
confined so as to create, or have the potential of creating, in the opinion
of the ferry captain, an unsafe or unsanitary condition aboard the ferry;
(9)
a vehicle with inoperable or inadequate brakes, lights,
signals, or horns;
(10)
a vehicle with a leaking fuel tank or with any type
of leaking fluid reservoir or leaky spigot;
(11)
a vehicle or any other type of property having any
type of metal surface which, in the opinion of the ferry captain, may come
in contact with the deck of the ferry;
(12)
a vehicle drawn, powered, or otherwise operated by
an animal;
(13)
double-decked buses having a noncovered upper deck
with passengers on the top deck;
(14)
a vehicle which, in the opinion of the ferry captain,
is emitting an excessive amount of smoke, gases, or fumes, or is giving off
an excessive amount of foul odor, thereby creating or having the potential
of creating an unsafe, unhealthy, or intolerable environment;
(15)
a vehicle whose load, in the opinion of the ferry
captain, is inadequately or improperly secured or covered in a manner where
it appears that any part of the load may fall off of the vehicle, thereby
creating or having the potential of creating an unsafe condition;
(16)
a vehicle whose load projects, appears to project,
or has the potential of projecting, in the opinion of the ferry captain, in
such manner as to be a safety hazard or have the potential of being a safety
hazard;
(17)
a vehicle being towed by any device, method, or means
other than by a tow bar, wrecker, tow truck, or winch truck; and
(18)
any person, vehicle, equipment, machinery, animal,
or property of any kind which the ferry captain believes to constitute a hazard
or a potential hazard to the safe operation of the ferry.
(d)
Hazardous materials.
(1)
A ferry, whether operating as a passenger vessel or as
a cargo vessel, may not carry on board any hazardous material unless the transportation
of the hazardous material aboard the ferry is in accordance with the CFR.
(2)
A vehicle used for the transportation of hazardous
material, or which at anytime has been used for the transportation of hazardous
material, may not board the ferry unless the vehicle complies with all federal
and state laws and rules.
(3)
Any vehicle that the department believes may be carrying
or has carried any hazardous material will be subject to inspection at the
ferry staging area. The inspection may consist of the department inspecting
the shipper's shipping papers. If any inconsistencies are observed such as
expired dates on shipping papers, shipping papers that do not agree with placards,
or the type of trailer does not appear to be appropriate to transport the
material indicated in the shipping papers, the inspection may additionally
include the department inspecting the vehicle and its load. If the driver
of the vehicle refuses to grant permission to inspect the shipping papers,
the vehicle, or its load, the driver shall immediately remove the vehicle
from department property, including the ferry staging area. All shipping papers
shall be accurate and complete and shall comply in every respect with federal
and state laws and rules. Allowing an inspection of shipping papers or the
conducting of an inspection does not guarantee or create any right to board
the vessel. If the inspection of the shipping papers, the vehicle, or the
vehicle's load reveals that the shipment of the hazardous material is not
in compliance with federal and state laws and rules, the vehicle will not
be permitted aboard the ferry.
(4)
All containers of every kind, size, and type shall
be in good working condition so as to securely hold, contain, prevent the
movement of, and otherwise enclose a hazardous material, thereby ensuring
that the material will not leak, spill, spew, overflow, or otherwise empty
or escape from the respective container while the material is on department
property, including, but not limited to, the ferry staging areas, ferry landings,
and the ferry, and all containers shall comply with all federal and state
laws and rules regarding hazardous materials.
(5)
In accordance with the hazardous material restrictions
provided by the CFR, the following materials will not be permitted aboard
ferries classified as passenger vessels:
(A)
any hazardous material identified as "forbidden" in Column
3 of the Hazardous Material Table;
(B)
any hazardous material identified by the LETTERS B, D AND
E in Column 10(a) of the Hazardous Material Table;
(C)
any hazardous material which requires special handling,
separation, or segregation from other materials, or other stowage requirements
due to health risks or violent reactions of the material when in contact with
water or other incompatible materials, as specified in the CFR;
(D)
any hazardous material identified in the CFR as being in
one of the following hazard classes:
(i)
class 1 explosive materials;
(ii)
class 2 compressed gases, including flammable gases and
poisonous gases;
(iii)
class 3 flammable liquids with a flash point below 100
degrees Fahrenheit;
(iv)
class 4 flammable solids;
(v)
class 5 oxidizers and organic peroxides;
(vi)
class 6 poisonous materials and etiologic agents;
(vii)
class 7 radioactive materials;
(viii)
class 8 corrosive materials;
(ix)
new explosives as defined by the CFR;
(x)
liquefied petroleum gas or compressed natural gas, except
when contained in a vehicle as the vehicle's source of fuel;
(xi)
asphaltic cements, heavy residual fuel oils, and other
similar products which are transported at a temperature greater than 200 degrees
Fahrenheit; and
(xii)
emulsified asphalts which are transported at a temperature
greater than 200 degrees Fahrenheit.
(e)
Other materials.
(1)
The shipper of a material that is not listed in the CFR
or this subchapter, but is derived in whole or in part from a hazardous material
listed on the Hazardous Material Table, shall provide the ferry operations
manager with a notice including a detailed description of the quantity and
the characteristics of the material which the shipper desires to board onto
a ferry.
(2)
The notice shall also state:
(A)
how the material will be packaged;
(B)
the description of the vehicle carrying the material;
(C)
the estimated date and time of arrival at the ferry staging
area; and
(D)
the location of the ferry staging area where the vehicle
will be arriving.
(3)
The department must receive the notice not less
than two business days before arrival at the ferry staging area.
(4)
The material will not be allowed aboard the ferry
if notice is not given.
(5)
Providing the required notice does not guarantee or
create any right to board the material.
(6)
The shipper shall comply with all federal and state
laws and rules.
(7)
The department may at any time refuse to board the
material if the ferry operations manager or the ferry captain believes that
refusal is necessary to protect the public health, safety, or welfare, or
department property. In no circumstance may the vehicle or the material board
a ferry if boarding would be contrary to the CFR or this subchapter.
§29.50.Safety Regulations.
The following activities are prohibited:
(1)
smoking on the ferries;
(2)
peddling, or selling papers, or other items on the
ferries or within 1,000 feet of the ferry landings; and
(3)
loitering or hitchhiking.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
August 2, 1999.
TRD-9904653
Richard Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: September 12, 1999
For further information, please call: (512) 463-8630
Chapter 50.
Management
Subchapter B. Governance of the Authority
Chapter 25.
Traffic Operations
Subchapter B. Movement of Hazardous Materials Through Baytown-La Porte Tunnel
Subchapter C. Operation of Ferry Boats
Chapter 29.
Maintenance
Subchapter C. Operation of State-Owned Ferries
Part II.
Texas Turnpike Authority Division of the Texas Department of Transportation