Part 1.
TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 15.
TRANSPORTATION PLANNING AND PROGRAMMING
Subchapter I. BORDER COLONIA ACCESS PROGRAM
43 TAC §§15.100, 15.101, 15.105
The Texas Department of Transportation (department) adopts
amendments to §§15.100, 15.101, and 15.105, concerning the Border
Colonia Access Program (program). Sections 15.100, 15.101, and 15.105 are
adopted without changes to the proposed text as published in the November
14, 2003, issue of the
Texas Register
(28
TexReg 10118) and will not be republished.
EXPLANATION OF ADOPTED AMENDMENTS
House Bill 3420, 78th Legislature, Regular Session, 2003, amended Government
Code, Chapter 1403 to add §1403.003 and §1403.004. Section 1403.003
provides for a set aside of 10% of the proceeds from each sale of bonds and
notes issued under that chapter to provide financial assistance for colonia
access roadway projects designed to pave roads serving border colonias located
in rural border counties, as defined in that section. The set aside funds
are to be distributed on a priority basis to a rural border county that proposes
to pave for the first time a road serving a border colonia located in that
county.
Section 1403.004 provides that a grant under that chapter may be used to
purchase any materials or to lease any equipment as reasonably necessary to
accomplish the goal of the project. Materials must be used solely in connection
with the project. Leased equipment must be used substantially in connection
with the project throughout the period of the applicable lease.
Section 15.100 is amended to reflect the codification of legislation creating
the program in Government Code, Chapter 1403, and the termination of an appropriation
rider from the previous biennium that imposed conditions on the department's
implementation of the program.
Section 15.101 is amended to change the definition of eligible costs and
to define rural border county. The definition of eligible costs reflects the
limitations imposed by Government Code, §1403.004. The definition of
rural border county clarifies that a rural border county must be an eligible
county in order to obtain set aside funding.
Section 15.105 is amended to implement the set aside required by Government
Code, §1403.003 and to provide that the set aside is in addition to the
$100,000 distributed to each eligible county under paragraph (1) of that section,
and to make conforming changes.
COMMENTS
No comments were received on the proposed amendments.
STATUTORY AUTHORITY
The amendments are adopted under Transportation Code, §201.101, which
provides the Texas Transportation Commission (commission) with the authority
to establish rules for the conduct of the work of the department, and more
specifically, Government Code, §1403.002, which authorizes the commission
to adopt rules for the administration of the program.
CROSS REFERENCE TO STATUTE: Government Code, Chapter 1403.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 30, 2004.
TRD-200400605
Richard D. Monroe
General Counsel
Texas Department of Transportation
Effective date: February 19, 2004
Proposal publication date: November 14, 2003
For further information, please call: (512) 463-8630
43 TAC §§15.150 - 15.153
The Texas Department of Transportation (department) adopts
new §§15.150 - 15.153, concerning the acquisition of abandoned rail
facilities. Section 15.151 and §15.153 are adopted with changes to the
proposed text as published in the December 12, 2003, issue of the
Texas Register
(28 TexReg 11089). Section 15.150 and §15.152 are
adopted without changes to the proposed text as published in the December
12, 2003, issue of the
Texas Register
(28
TexReg 11089) and will not be republished.
EXPLANATION OF ADOPTED NEW SECTIONS
Transportation Code, Chapter 91, authorizes the department to acquire,
finance, construct, maintain, and operate a passenger or freight rail facility
or system, including the acquisition of abandoned rail facilities. House Bill
2, 78th Legislature, Third Called Session, 2003, directs the Texas Transportation
Commission (commission) to adopt rules governing the disbursement of funds
for the acquisition of abandoned rail facilities. In establishing criteria
for the department's acquisition of abandoned rail facilities, the commission
is required to consider the local and regional economic benefit realized from
the disbursement of funds in comparison to the amount of funds disbursed.
New §15.150 describes the purpose of the new subchapter, which is
to prescribe policies and procedures for the department's acquisition of abandoned
rail facilities.
New §15.151 defines words and terms used in the new subchapter. This
section defines an abandoned rail facility as a rail facility for which a
notice of intent to abandon or discontinue service (notice) has been filed
with the Surface Transportation Board (board), an application for abandonment
or discontinuance of service (application) has been filed with the board,
or for which abandonment or discontinuance of service has been authorized
by the board.
New §15.152(a) prescribes procedures for obtaining public involvement
in the department's decision regarding whether to acquire an abandoned rail
facility. Under state law, the department is required, upon receipt of a notice
of intent to abandon or discontinue service filed with the board under 49
C.F.R. §1152.20, to coordinate with any municipality, county, or rural
rail transportation district in which all or a segment of the rail facility
is located to determine whether the department should acquire the rail facility,
or any other action should be taken to provide for continued rail service.
Section 15.152(b) provides that the department will request that a municipality,
county, or rural rail transportation district in which all or a segment of
the rail facility is located provide documentation concerning the local and
regional economic impact of an abandonment or discontinuance of service. This
information is necessary in order for the department and the commission to
comply with the requirement in House Bill 2 to consider the local and regional
economic benefit realized from the disbursement of funds in comparison to
the amount of funds disbursed.
Section 15.152(c) and (e) provides that if the department determines that
there is a need to preserve the rail facility for continued rail service,
or to preserve the corridor for another public-use condition as described
in 49 C.F.R. §1152.28, the department will conduct one or more public
hearings to receive public comments on the proposed acquisition. The commission
believes that it is important for persons that may be affected by the loss
of rail service to express their views concerning the preservation of the
rail facility or corridor. As provided in subsection (d), in making a determination
whether to preserve the rail facility or corridor, the department will consider
information contained in the notice and any application filed with the board,
and information provided by a municipality, county, or district concerning
the economic impact of an abandonment or discontinuance of service. This will
allow the department to consider the amount of service performed on the line
and the economic benefit of an acquisition in making a determination.
New §15.153 prescribes criteria that the commission will consider
in determining whether to approve the acquisition of an abandoned rail facility.
The criteria prescribed in this section are intended to ensure an acquisition
facilitates the maintenance of existing rail systems necessary for the movement
of materials and products to markets; economic and business development; the
elimination of unemployment or underemployment; and the development and expansion
of transportation and commerce in this state. The criteria are also necessary
to: ensure consistency with criteria considered by the board in determining
whether to permit abandonment; reduce any adverse impact on shippers or communities
served by the rail facility proposed for abandonment and on the state transportation
system; and ensure the preservation of rail facilities that remain viable
for continued rail service.
COMMENTS
No written comments were received on the proposed new sections. A public
hearing was held on January 9, 2004. There was one comment at the hearing
from John Helsley, President of the Community Rail Development Corporation
and acting as a representative of the Fannin County Rural Rail Transportation
District (FCRRTD). Mr. Helsley encouraged the department to work with the
FCRRTD to acquire the existing rail in Fannin County for which an abandonment
application has been filed, and to continue working with the FCRRTD to restore
service on that rail line. The department will consider the request separately
from this rule promulgation.
CHANGES TO THE PROPOSED NEW SECTIONS
Section 15.151 and §15.153 are adopted with changes to the proposed
text. The term "service performed on the rail line," that was defined in §15.153(b)
as proposed, is now defined in §15.151, where the public is more likely
to look for defined terms. The term is also used in §15.152, and thus
needs to be defined in §15.151, which defines words and terms used in
the new subchapter.
STATUTORY AUTHORITY: The new sections are adopted under Transportation
Code, §201.101, which provides the commission with the authority to establish
rules for the conduct of the work of the department, and more specifically,
Transportation Code, §91.003, which authorizes the commission to adopt
rules and the department to adopt procedures and prescribe forms necessary
to implement Chapter 91.
CROSS REFERENCE TO STATUTE: Transportation Code, §91.071.
§15.151.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Abandoned rail facilities--Rail facilities for which:
(A)
a notice of intent to abandon or discontinue service has
been filed with the Surface Transportation Board under 49 C.F.R. §1152.20;
(B)
an application for abandonment or discontinuance of service
has been filed with the Surface Transportation Board under 49 C.F.R. Part
1152; or
(C)
abandonment or discontinuance of service has been authorized
by the Surface Transportation Board.
(2)
Commission--The Texas Transportation Commission.
(3)
Department--The Texas Department of Transportation.
(4)
District--A rural rail transportation district created
under Texas Civil Statutes, Article 6550c.
(5)
Rail facility--Real or personal property, or any interest
in that property, that is determined to be necessary or convenient for the
provision of a freight or passenger rail facility or system, including commuter
rail, intercity rail, and high-speed rail.
(6)
Service performed on the rail line--the number of trains
operated on the line and their frequency, and the total tonnage and carloads
on the line.
§15.153.Criteria.
In approving the acquisition of an abandoned rail facility, the commission
will consider:
(1)
service performed on the rail line in the two years preceding
the date of the notice of intent to abandon or discontinue service;
(2)
comments or other evidence in support of or opposition
to the proposed abandonment or discontinuance of service received from interested
parties;
(3)
alternate sources of transportation services available,
including alternate sources of rail transportation service;
(4)
impact of the proposed abandonment or discontinuance of
service on the operation of the state transportation system;
(5)
local and regional economic impact of the abandonment or
discontinuance of service;
(6)
viability of the rail line for continued rail transportation
service; and
(7)
the extent to which the monetary value of the economic
benefits attributable to the acquisition exceed the amount of funds disbursed
by the department to acquire the rail facility.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on January 30, 2004.
TRD-200400604
Richard D. Monroe
General Counsel
Texas Department of Transportation
Effective date: February 19, 2004
Proposal publication date: December 12, 2003
For further information, please call: (512) 463-8630
Subchapter B. DEVELOPMENT OF FACILITIES
Subchapter M. RAIL FACILITIES
Chapter 24.
TRANS-TEXAS CORRIDOR