Part 1.
TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 1.
MANAGEMENT
Subchapter F. ADVISORY COMMITTEES
43 TAC §1.85
The Texas Department of Transportation (department) adopts
amendments to §1.85, concerning department advisory committees. The amendments
to §1.85 are adopted without changes to the proposed text as published
in the February 11, 2005 issue of the
Texas Register
(30 TexReg 656) and will not be republished.
EXPLANATION OF ADOPTED AMENDMENTS
House Bill 3588, 78th Legislature, Regular Session, 2003, added new Chapter
227 to the Transportation Code that allows the department to plan and construct
a new set of intermodal transportation facilities known as the Trans-Texas
Corridor and that will integrate highway, rail, and utility components.
The department is currently engaged in the planning of the Trans-Texas
Corridor, and intends to establish development plans for elements of the Trans-Texas
Corridor that will define facilities to be developed as part of that element.
The scope of work under the comprehensive development agreement for the Oklahoma
to Mexico/Gulf Coast element of the Trans-Texas Corridor (TTC-35) provides
for the developer to work with the department to prepare a master development
plan that will identify facilities that may be developed as part of the project
and to set forth milestones for the development of the project.
At the December 16, 2004 meeting of the Texas Transportation Commission
(commission), the Chair requested that rules be drafted that would authorize
the creation of an advisory committee to provide checks and balances on the
department as it went through the planning process for the Trans-Texas Corridor
and the TTC-35 element. Those rules are the subject of this rulemaking.
The amendments to §1.85(a) add paragraph (5), which authorizes the
commission to create an advisory committee concerning the Trans-Texas Corridor,
or a project that is part of the Trans-Texas Corridor, for the purpose of
facilitating and achieving support and consensus from affected communities,
governmental entities, and other interested parties in the planning of the
Trans-Texas Corridor and in the establishment of development plans for a project
that is part of the Trans-Texas Corridor.
The amendments provide that a Trans-Texas Corridor advisory committee shall
provide advice and recommendations to the department regarding facilities
to be included in a development plan for the Trans-Texas Corridor or a project
that is part of the Trans-Texas Corridor. The advice and recommendations of
a committee will provide the department with an enhanced understanding of
public, business, and private concerns about the Trans-Texas Corridor and
projects that are part of the Trans-Texas Corridor, resulting in greater cooperation
between the department and all affected parties during project planning and
development.
The amendments require a Trans-Texas Corridor advisory committee to report
its advice and recommendations to the executive director of the department
or designee, and provide that an advisory committee may be abolished at any
time by the commission, but in any event no later than the date of completion
of the Trans-Texas Corridor or the project for which the advisory committee
is created.
The amendments also clarify that the members of an advisory committee may
be appointed by an office or official different than the office or official
to which the advisory committee is to report and make other non-substantive
corrections to subsections (b) and (c).
COMMENTS
No comments on the proposed amendments were received.
STATUTORY AUTHORITY: The amendments are adopted 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, Government Code, Chapter 2110, which provides that
a state agency that is advised by an advisory committee shall adopt rules
that state the purpose of the committee, describe the task of the committee,
state the manner in which the committee will report to the agency, and establish
a date on which the committee is abolished unless the governing body of the
agency affirmatively votes to continue the committee in existence.
CROSS REFERENCE TO STATUTE: Government Code, Chapter 2110.
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 April 1, 2005.
TRD-200501374
Richard D. Monroe
General Counsel
Texas Department of Transportation
Effective date: April 21, 2005
Proposal publication date: February 11, 2005
For further information, please call: (512) 463-8630
The Texas Department of Transportation (department) adopts amendments
to §27.32, concerning private toll roads, and §27.43 and §27.44,
concerning regional tollway authorities. The department also withdraws proposed
amendments to §27.72 and §27.73, concerning county toll roads. The
amendments to §27.32, §27.43, §27.44, are adopted without changes
to the proposed text as published in the December 31, 2004 issue of the
EXPLANATION OF ADOPTED AMENDMENTS
Transportation Code, Chapter 362, provides that a private entity or corporation
may not construct any privately-owned toll project that connects to a road,
bridge, or highway included in the state highway system unless the project
is approved by the Texas Transportation Commission (commission). Section 27.32
describes the studies an applicant must undertake as part of submitting an
application to the department for the approval of a project.
Transportation Code, Chapter 366, authorizes the commission to transfer
a segment of the non-tolled state highway system to a regional tollway authority.
Section 27.43 describes the procedures for the transfer.
Transportation Code, §201.113, authorizes the commission and a regional
tollway authority to enter into an agreement for the improvement by the regional
tollway authority of portions of the state highway system. Section 27.44 contains
provisions for those projects that are approved.
The sections as currently written contain provisions for environmental
review and public involvement for private toll roads; conversion of an existing
segment of the free state highway system to a turnpike project and transfer
to a regional tollway authority; and improvement of the state highway system
by regional tollway authorities.
The amendments provide needed clarifications to the environmental study,
coordination, public involvement, and environmental documentation processes
to make the rules easier to understand.
Concerning the amendment to §27.32, the term environmental documentation
is used rather than the existing reference to environmental assessment and/or
an environmental impact statement in order to capture all possible environmental
documentation that could be prepared by the applicant. The existing language
refers to §2.43, subsections (d) and (e), which are limited to environmental
assessments and environmental impact statements. The amended language refers
to the entire Chapter 2, Subchapter C, to better capture the requirements
for all environmental documentation and public involvement.
Section 27.32 is amended to include an added provision specifying that
the environmental document must describe all reasonable and feasible measures
to avoid, minimize, or mitigate for adverse environmental impacts and all
practicable measures to enhance the environment since this is one of the criteria
used by the commission for approval. The provisions in Chapter 2, Subchapter
C, relating to environmental activities that need to be conducted, are written
with references to the department. To clarify roles and responsibilities of
the applicant and the department, and to maximize flexibility in that regard,
the amended language includes new provisions for projects planned and developed
by private entities and corporations under Chapter 2, Subchapter C, relating
to environmental studies, public involvement, notice requirements, approval
of documentation, notices, and reports.
The amendments also include expanded language regarding the project record
to better outline submission to the department by the private entity or corporation
of documentation, reports, summaries, and certifications for the project record.
Amended §27.43 has an added provision specifying that the regional
tollway authority is responsible for obtaining all required environmental
permits and approvals and commitments for all state and federal environmental
laws and regulations for all projects undertaken on facilities under this
section since the facility is transferred to the regional tollway authority
and removed from the state highway system making the regional authority entirely
liable and responsible for the facility. For transferred facilities, existing
provisions outlining that the regional tollway authority complete a study
consistent with the National Environmental Policy Act and provide for public
involvement in accordance with §§2.40-2.51 of this title are deleted
and replaced with another provision. The amended provision requires the regional
tollway authority to agree to provide for public involvement and to conduct
a study of the social and environmental impact for all projects undertaken
on the facility. Transferred facilities are removed from the state highway
system and the regional tollway authority is entirely liable and responsible
for the facility. The department felt it inappropriate to be prescriptive
regarding the form and format of the study and public involvement for these
transferred facilities. However, the amendments further clarify that projects
shall be developed in accordance with §2.50 under Chapter 2, Subchapter
C, if federal-aid or federal-aid and state highway funds are requested and
approved to assist the project.
Amended §27.44 includes a new provision specifying that the environmental
review and public involvement for all improvements of the state highway system
under the provisions of this subsection must be done in accordance with Chapter
2, Subchapter C, of this title, titled Environmental Review and Public Involvement
for Transportation Projects. The existing language is limited to indicating
that the regional tollway authority will comply with all applicable federal,
state, and department requirements, including environmental clearance but
does not specify what that entails. Chapter 2, Subchapter C, describes activities
that need to be conducted with references to the department. In order to clarify
roles and responsibilities of the regional tollway authority and the department,
and to maximize flexibility in that regard, the amended language includes
new provisions for projects planned and developed by the regional tollway
authority under Chapter 2, Subchapter C, relating to environmental studies,
public involvement, notice requirements, approval of documentation, notices,
and reports. The amendments further clarify that projects shall be developed
in accordance with §2.50 if federal-aid or federal-aid and state highway
funds are requested and approved to assist the project. The existing language
indicates that if federal or state financial assistance is requested, the
regional tollway authority will comply with all federal, state, and department
requirements applicable to federal and state financed projects.
COMMENTS
No comments on the proposed amendments were received.
Subchapter C. PRIVATE TOLL ROADS
Chapter 27.
TOLL PROJECTS