The Texas Department of Transportation (department) proposes the repeal of §§11.50-11.53, concerning access driveways to state highways, and simultaneously proposes new §§11.50-11.55, concerning access management.

EXPLANATION OF PROPOSED REPEALS AND NEW SECTIONS

Transportation Code, Chapter 203, provides that the Texas Transportation Commission (commission) may lay out, construct, maintain, and operate a modern state highway system, with emphasis on the construction of controlled access highways. To promote public safety, facilitate the movement of traffic, preserve the public's financial investment in highways, and promote national defense, the commission may convert where necessary an existing street, road, or highway into a controlled access highway in accordance with modern standards of speed and safety.

This chapter also authorizes the commission to designate a state highway as a controlled access highway, deny access to or from a controlled access highway, designate the location, type and extent of access to be permitted to a controlled access highway, and to close a public or private way at or near its intersection with a controlled access highway.

Due to the significant cost associated with the construction and maintenance of highways, it is imperative that they provide maximum traffic handling capacity for as long as practical. Adjacent development and access points along highways contribute to congestion and early deterioration of the operation of the highway, thereby reducing the ability of the state highway system to safely and efficiently move higher volumes of traffic.

In the December 28, 2001 issue of the Texas Register (26 TexReg 10816), the department proposed amendments to §15.54. Those amendments proposed limitations on the construction of frontage roads and prohibition on most new access to controlled access corridors. Those amendments are being withdrawn by separate action. The department received numerous comments to the proposed amendments to §15.54 stating that traffic congestion on the state highway system can be best addressed through the adoption of a comprehensive access management policy. The department agrees and therefore proposes new §§11.50-11.55.

Existing §§11.50-11.53 provide the current regulations for access driveways to state highways. Section 11.50 includes definitions for public, commercial, and private access driveways. Section 11.51 outlines the safety and operational basis for determining access driveways locations and the purpose they serve. Section 11.52 outlines the responsibilities for construction and maintenance of access driveways. Section 11.53 describes the conditions under which these rules apply. These sections are all proposed for repeal and will be replaced by language in new §§11.50-11.55.

New §11.50 defines terms used in this subchapter.

New §11.51 provides that the subchapter applies to new approaches or driveways and those that are reconstructed as part of a department project.

New §11.52 describes the process for determining where access may be permitted on a new location facility. Unless the commission determines otherwise, all new location facilities such as freeways, relief routes, loops, and major urban roadways will be designated as controlled access facilities pursuant to Transportation Code, Chapter 203, as a method of preserving mobility and safety on these new facilities. To maximize mobility and safety both on and off the state highway system, the department will work cooperatively with local governments and property owners to determine the location and type of access to the proposed facility that may be permitted, provided access is in conformance with the department's Access Management Manual. The Access Management Manual is available from the department for reference.

After the department has established a proposed access management plan for the facility, the commission will review the plan and determine whether to approve the location and type of access proposed. To ensure consistency with the Access Management Manual, access points approved by the commission under this section will be specifically described by a metes and bounds property description. To aid the project development process, subsequent to the release to begin right of way acquisition, local governments or individuals desiring access not in conformance with the approved access management plan must request commission approval to acquire the access rights at a specific location in the same manner as required for existing facilities.

New §11.53 describes the process to be followed regarding access to existing facilities. Subsection (a) describes options regarding the right to access a state highway undergoing reconstruction when property owners already possess a right of access. To maximize mobility and safety both on and off the state highway system, the department will work together with local governments and property owners to review existing access points for impacts on mobility, safety, and the efficient operation of the highway facility and reasonable conformance with the Access Management Manual.

Subsection (b) describes the process for obtaining approval of a new access point to an existing facility where the department does not own the access rights. To protect safety and mobility on the state highway system, the department may permit access to the highway based on the impacts on the mobility, safety, and efficient operation of the state highway facility and in accordance with the Access Management Manual and driveway permit procedures adopted by the department.

Subsection (c) describes the process for obtaining approval to purchase a new access point to an existing facility where the department owns the access rights. To maximize mobility and safety both on and off the state highway system, this subsection provides that the department will work cooperatively with the applicable local government and the requestor to determine the location and type of access that may be permitted. To ensure that the proposed access will maximize mobility and safety, the request must include an engineering study, which may include a Traffic Impact Analysis, acceptable to the department that evaluates mobility, safety, and the operational impacts on the state highway facility. Once the department has reached an agreement with the requestor, the commission will determine whether to approve the sale of the department's access rights to the requestor.

New §11.54 describes the construction and maintenance requirements for approved access driveways. Since a commercial or private access driveway benefits primarily the property owner, the permittee is responsible for all costs associated with the construction and maintenance of the driveway. Since public access driveways benefit both the permittee and the traveling public, the department will maintain these facilities within the state highway right of way if they connect to highways that are the maintenance responsibility of the department and provided that the permittee pays for the cost of materials and installation of the driveway.

To ensure the safety of the traveling public and to protect the integrity of the highway facility by providing for proper drainage of storm water in the area, §11.54 provides that access driveways must not alter or impede drainage and that department approval of the drainage structure for the driveway is required.

To minimize impacts on adjacent landowners when access driveways are destroyed or removed as part of highway construction, §11.54 provides that the department, when replacing or reconstructing those impacted driveways, will do so in accordance with the Access Management Manual and to a condition equal to or better than the original driveway.

To ensure the safety of the traveling public and to protect the integrity of the highway facility, §11.54 also requires the holder of a driveway permit to take corrective action when drainage or safety problems occur. Section 11.54 further provides that the department may make the necessary alterations to correct a safety or drainage problem and hold the permittee financially responsible if the permittee fails to correct the problem.

To ensure that the department considers all reasonable alternatives during project development, new §11.55 provides that the department may construct local access roads when necessary to restore circulation, to resolve a landlock condition on a parcel of land, or when the local access roads will otherwise benefit the state highway system. This section provides that commission approval must be obtained prior to the department entering into any agreements to provide local access roads in conjunction with a department project.

FISCAL NOTE

James Bass, Director, Finance Division, has determined that for each of the first five years the repeals and new sections are in effect, there will be no fiscal implications for state or local governments as a result of the repeals or enforcing or administering the new sections. There are no anticipated economic costs for persons required to comply with the sections as proposed.

Ken Bohuslav, P.E., Director, Design Division, has certified that there will be no significant statewide impact on local economies or overall employment as a result of enforcing or administering the repeals or new sections. Any impact on a specific local economy is unknown and would be a matter of conjecture.

PUBLIC BENEFIT

Mr. Bohuslav has also determined that for each year of the first five years the sections are in effect, the public benefits anticipated as a result of enforcing or administering the sections will be to preserve the safety, mobility, and efficient operation of the state highway system. By minimizing the degradation of highway system operations, the department anticipates that fewer additional highways will be needed, thereby saving in future public expenditures for highway construction. In addition, interested parties will find all information related to access to the state highway system conveniently located in Chapter 11. There will be no adverse economic effect statewide on small businesses.

PUBLIC HEARING

Pursuant to the Administrative Procedure Act, Government Code, Chapter 2001, the department will conduct three public hearings to receive comments concerning the proposed rules. Each public hearing will begin at 2:00 p.m. on the following dates and at the following locations:

June 26, 2002: Joe C. Thompson Conference Center Auditorium, Dean Keeton 26th & Red River, Austin, Texas 78705.

July 1, 2002: TxDOT Houston District Office, 7721 Washington Avenue, Houston, Texas 77251.

July 3, 2002: Irving Arts Center, 3333 North MacArthur Boulevard, Irving, Texas 75062.

These public hearings will be conducted in accordance with the procedures specified in 43 TAC §1.5. Those desiring to make official comments or presentations may register starting at 1:30 p.m. Any interested persons may appear and offer comments, either orally or in writing; however, questioning of those making presentations will be reserved exclusively to the presiding officer as may be necessary to ensure a complete record. While any person with pertinent comments will be granted an opportunity to present them during the course of the hearing, the presiding officer reserves the right to restrict testimony in terms of time and repetitive content. Organizations, associations, or groups are encouraged to present their commonly held views and identical or similar comments through a representative member when possible. Comments on the proposed text should include appropriate citations to sections, subsections, paragraphs, etc. for proper reference. Any suggestions or requests for alternative language or other revisions to the proposed text should be submitted in written form. Presentations must remain pertinent to the issues being discussed. A person may not assign a portion of his or her time to another speaker. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print or Braille, are requested to contact Randall Dillard, Director, Public Information Office, 125 East 11th Street, Austin, Texas 78701-2483, (512) 463-8588 at least two working days prior to the hearing so that appropriate services can be provided.

SUBMITTAL OF COMMENTS

Written comments on the proposed repeals and new sections may be submitted to Ken Bohuslav, P.E., Director, Design Division, 125 East 11th Street, Austin, Texas 78701-2483. The deadline for receipt of comments is 5:00 p.m. on July 15, 2002.

Subchapter C. ACCESS DRIVEWAYS TO STATE HIGHWAYS

Subchapter E. FEDERAL, STATE, AND LOCAL PARTICIPATION

Subchapter B. MOTOR VEHICLE REGISTRATION

Subchapter F. DISPOSAL OF REAL ESTATE INTERESTS

Subchapter C. CONGESTION MITIGATION FACILITIES