Part 1.
TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 15.
TRANSPORTATION PLANNING AND PROGRAMMING
Subchapter N. STATE HIGHWAY PROJECTS FINANCED THROUGH THE ISSUANCE OF BONDS AND OTHER PUBLIC SECURITIES
43 TAC §§15.170 - 15.174
The Texas Department of Transportation (department) proposes
new §§15.170-15.174, concerning the issuance of bonds and other
public securities by the Texas Transportation Commission (commission) to finance
state highway system improvement projects.
EXPLANATION OF PROPOSED NEW SECTIONS
House Bill 3588, 78th Legislature, Regular Session, 2003, added Transportation
Code, §222.003, to allow the commission to issue bonds and other public
securities to be used to fund state highway improvement projects. These bonds
or other public securities will be secured by a pledge and payable from funds
deposited to the credit of the state highway fund.
Bonds or other public securities may be issued in an aggregate principal
amount not to exceed $3 billion, and no more than $1 billion may be issued
per year. Of the total amount of securities that may be issued ($3 billion),
no less than $600 million must be used to fund projects that reduce accidents
or correct hazardous locations on the state highway system.
The commission is directed by the statute to establish by rule the project
selection criteria for these projects. The commission is further directed
to consider certain factors in the selection of safety projects funded with
these proceeds. The statute prohibits the use of these proceeds to construct
a state highway or other facility on the Trans-Texas Corridor.
SECTION BY SECTION ANALYSIS
Section 15.170, Purpose, describes the purpose of the subchapter which
is to prescribe policies and procedures that will be used to select projects
funded under Transportation Code, §222.003.
Section 15.171 defines words and terms used in the subchapter.
Section 15.172, Applicability, notes the restriction on the use of proceeds
issued under this subchapter for construction of a state highway or other
facility on the Trans-Texas Corridor. This section also notes that at least
$600 million of the total aggregate amount of $3 billion must be used for
safety projects.
Section 15.173, State Highway Improvement Projects, lists eligible projects
that may be funded with proceeds of bonds or other public securities issued
under this subchapter. The section also describes selection criteria the department
will consider in project selection.
Section 15.174, Safety Projects, lists eligible safety projects that may
be funded with proceeds of bonds or other public securities issued under this
subchapter. The section also describes selection criteria the department will
consider in project selection. The section requires the department to consider
accident data, traffic volume, and pavement geometry as required by House
Bill 3588.
FISCAL NOTE
James Bass, Director, Finance Division, has determined that for each of
the first five years the new sections as proposed are in effect, there will
be no fiscal implications for local government as a result of enforcing or
administering the new sections.
There will be positive and negative fiscal implications for state government
for the bonds or other public securities issued as a result of enforcing or
administering the new sections. Negative fiscal impact to the state will consist
of costs associated with issuance and debt service. Positive fiscal impact
is expected through accelerating the implementation of transportation improvements
and safety projects and thus avoiding the effects of inflation. The net financial
impact between debt service and inflation costs avoided will vary depending
on when the department enters the debt market and the rate of inflation for
the goods and services used for the project. Compliance with the new sections
will be accomplished by reallocating existing department staff. There should
be no other fiscal impacts associated with the new sections. There are no
anticipated economic costs for persons required to comply with the new 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 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 to provide a safer, more
efficient driving environment for the traveling public. There will be no adverse
economic 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 is 5:00 p.m.
on February 2, 2004.
STATUTORY AUTHORITY: The new sections are proposed 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, §222.003, which requires the commission to establish
by rule the criteria for selecting projects eligible for funding under that
section.
CROSS REFERENCE TO STATUTE: Transportation Code, §222.003.
§15.170.Purpose.
Transportation Code, §222.003, allows the Texas Transportation
Commission to issue bonds and other public securities payable from revenue
deposited to the credit of the state highway fund. Proceeds from the sale
of these bonds and other public securities must be used to fund state highway
improvement projects. A maximum of $1 billion per year in debt may be issued
not to exceed an aggregate principal amount of $3 billion. This subchapter
prescribes the policies and procedures that will be used to select projects.
§15.171.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Accident data--Information detailing the number of motor
vehicle traffic accidents or casualties at or on a particular highway location,
segment of highway, or type of highway.
(2)
Bond--A public security issued by the State of Texas under
the authority of Transportation Code, §222.003, for improvements to the
state highway system and secured by a pledge of revenue deposited to payable
from the credit of the state highway fund.
(3)
Commission--The Texas Transportation Commission.
(4)
Department--The Texas Department of Transportation.
(5)
Executive Director--The executive director of the department
or the director’s designee.
(6)
Grade crossing--The intersection of a railroad and a public
roadway.
(7)
Grade separation--A structure that separates two highways,
a highway and a railroad line, a highway and a county road, or a highway and
a city street.
(8)
Hazard Elimination Program--A federal construction program
mandated under 23 U.S.C. §152 to reduce the number and severity of traffic
accidents.
(9)
Hazardous location--A location on the state highway system
that requires improvement in order to increase safety at a location, as determined
by the department through accident data analysis or engineering judgment.
(10)
Highway--A public road, including right of way and all
appurtenances, that is on the designated state highway system.
(11)
Narrow two lane highway--A two lane road on the state
highway system with a width of less than 24 feet, including any paved shoulder.
(12)
Pavement geometry--The vertical, horizontal and pavement
structure design elements of a highway or bridge feature.
(13)
Safety appurtenance--Highway safety features such as breakaway
sign supports, breakaway utility poles, traffic barriers, impact attenuators,
traversable terrain, and hardware features such as drainage inlets, barriers,
and other safety related fixtures.
(14)
Safety project--A project that reduces accidents or corrects
or improves a hazardous location.
(15)
State highway system--The system of highways in the state
included in a comprehensive plan prepared by the executive director with the
approval of the commission, in accordance with Transportation Code, §201.103.
(16)
State highway improvement project--Improvement projects
designed to improve mobility, reduce congestion, or make other needed upgrades
to the state highway system.
(17)
Trans-Texas Corridor--The statewide system of multimodal
facilities under the jurisdiction of the department that is designated by
the commission under Transportation Code, Chapter 227.
(18)
Texas Highway Trunk System--A planned rural network of
four or more lane divided roadways that will serve as a principal connector
for Texas cities of greater than 20,000 population as well as major ports
and points of entry.
(19)
Unified Transportation Program--The 10-year financial
plan of the Texas Department of Transportation outlining project development
and construction.
§15.172.Applicability.
(a)
Proceeds from the sale of these bonds may not be used to
construct a state highway or other facility on the Trans Texas Corridor.
(b)
Transportation Code, §222.003(d), requires at least
$600 million of the aggregate debt limit of $3 billion be used for safety
projects. The remainder of the funding may be used for state highway improvement
projects, including safety projects.
§15.173.State Highway Improvement Projects.
(a)
Eligibility. Projects or programs contained in the department’s
Unified Transportation Program and which would be accelerated, are eligible
for funding.
(b)
Selection criteria. The department will consider one or
more of the following criteria in selecting projects for funding under this
section:
(1)
the potential of the project to improve mobility;
(2)
the potential of the project to maintain and preserve the
existing transportation system;
(3)
the anticipated time required to complete the candidate
project;
(4)
adherence to all accepted department design standards as
well as applicable state and federal law and regulation;
(5)
feasibility of the project; and
(6)
traffic volume.
§15.174.Safety Projects.
(a)
Eligibility. Safety projects are eligible for funding,
and include:
(1)
projects submitted under the guidelines of the department’s
Hazard Elimination Program designed to reduce the number and severity of traffic
accidents;
(2)
projects designed to increase the width of narrow two-lane
highways to a width of 24 feet or greater;
(3)
expansion of undivided highways on the Texas Highway Trunk
System to four-lane divided highways;
(4)
construction of grade separations at highway intersections;
(5)
construction of railroad grade separations eliminating
at-grade rail/highway intersections by adding new railroad overpasses or underpasses;
(6)
the installation of median traffic barriers;
(7)
treatment or removal of roadside fixed objects that may
create a roadway safety hazard such as sign or traffic signal supports, lighting
supports, vegetation, mailboxes, barriers, bridge rails, fences, culverts,
ditches, curbs, embankments, and other items located in the state highway
right of way;
(8)
improvements at rail/highway at-grade crossings, including
active warning devices such as crossing gates, lights, and warning bells;
(9)
the installation of sidewalks on state highway right of
way to improve pedestrian safety and mobility;
(10)
intersection improvements designed to improve pedestrian
safety such as the installation of curb ramps;
(11)
the installation of turn lanes at highway intersections;
(12)
the improvement of geometrics, signal timing, and other
general infrastructure improvements to intersections;
(13)
the installation or improvement of traffic signals, flashing
beacons, and other traffic control devices;
(14)
the installation or improvement of safety appurtenances;
and
(15)
the conversion of two-way frontage roads to one-way frontage
roads.
(b)
Selection criteria. The department will consider accident
data, traffic volume, pavement geometry, and other conditions that can create
or exacerbate hazardous roadway conditions in selecting projects for funding
under this section, and one or more of the following criteria:
(1)
potential of the candidate project to correct identified
safety problems;
(2)
the anticipated time required to complete the candidate
project;
(3)
adherence to all accepted department design standards as
well as applicable state and federal law and regulation; and
(4)
feasibility of the project.
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 December 19, 2003.
TRD-200308693
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: February 1, 2004
For further information, please call: (512) 463-8630
Subchapter B. UTILITY ADJUSTMENT, RELOCATION, OR REMOVAL
43 TAC §21.22
The Texas Department of Transportation (department) proposes
new §21.22, concerning agreements for utility adjustment, relocation,
or removal.
EXPLANATION OF PROPOSED NEW SECTION
Senate Bill 487, 78th Legislature, Regular Session, 2003, added new Transportation
Code, §203.0935, which requires a utility company owning a facility that
is in conflict with a proposed improvement to the state highway system to
execute an agreement with the department to relocate the facility in a timely
manner. If the utility does not sign the agreement, the department may relocate
the facility at the utility’s expense.
New §21.22 is proposed to implement the provisions of §203.0935
and to enumerate the documents to be exchanged between a utility and the department
to provide both parties with sufficient information to enter into an agreement.
FISCAL NOTE
James Bass, Director, Finance Division, has determined that for each of
the first five years the new section as proposed 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 section as proposed.
John P. Campbell, P.E., Director, Right of Way 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. Campbell has also determined that for each of the first five years
the section is in effect, the public benefit anticipated as a result of enforcing
or administering the new section will be cost savings due to the expedited
delivery of utility adjustments, modifications, relocations, or removals prior
to the beginning of project construction resulting in less construction contractor
delay. There will be no adverse economic effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed new section may be submitted to John P.
Campbell, P.E., Director, Right of Way Division, 125 East 11th Street, Austin,
Texas 78701-2483. The deadline for receipt of comments is 5:00 p.m. on February
2, 2004.
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 department,
and more specifically, Transportation Code, §203.095, which requires
the department to adopt rules to implement Subchapter E of Chapter 203.
CROSS REFERENCE TO STATUTE: Transportation Code, §203.0935.
§21.22.Agreements.
(a)
If the department determines that an adjustment, modification,
relocation, or removal of a utility facility may be required by an improvement
to a state highway, the department will provide the utility with sufficient
plans and specifications to enable the utility to reasonably determine the
future location, including depth of cover and required clearances, if applicable,
and estimated cost of the adjustment, modification, relocation, or removal
of the utility facility.
(b)
The utility shall negotiate with the department in good
faith to reach an agreement on the terms of the relocation. The agreement
shall contain:
(1)
all necessary signatures by an authorized utility representative;
(2)
plans and specifications sufficient to determine the proposed
location of the facility;
(3)
cost estimates and support if the adjustment, modification,
relocation, or removal of the utility facility may be eligible for department
cost participation;
(4)
proof of the utility facility’s underlying property
interest if cost participation is sought; and
(5)
a date by which the utility will begin and an estimated
date of completion of the adjustment, modification, relocation, or removal.
(c)
If the department and the utility have not entered into
a written agreement within 30 days after the department provides the plans
and specifications under subsection (a) of this section, the department will
send written notice to the utility by certified mail that the department has
determined that the adjustment, modification, relocation, or removal of the
utility’s facility may be required. The notice will include:
(1)
a final plan for the adjustment, modification, relocation,
or removal of the utility facility;
(2)
the department’s standard utility agreement for the
relocation or adjustment of the facility; and
(3)
a date by which the adjustment, modification, relocation,
or removal of the utility’s facility must be complete.
(d)
Ninety days after the utility receives the notice under
subsection (c) of this section, the department may relocate the facility at
the sole cost and expense of the utility less any reimbursement that would
have been payable to the utility under Transportation Code, §203.092,
unless the utility:
(1)
has executed the agreement;
(2)
is in the process of negotiating in good faith with the
department to relocate the facility; or
(3)
has requested and been granted by the department an extension
of time in which to sign an agreement.
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 December 19, 2003.
TRD-200308694
Richard D. Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: February 1, 2004
For further information, please call: (512) 463-8630
Subchapter E. FINANCIAL ASSISTANCE FOR TOLL FACILITIES
Chapter 21.
RIGHT OF WAY
Chapter 27.
TOLL PROJECTS