Part 1.
TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 5.
FINANCE
Subchapter D. PAYMENT OF FEES FOR DEPARTMENT GOODS AND SERVICES
43 TAC §5.44
The Texas Department of Transportation (department) adopts
amendments to §5.44, concerning exceptions to the payment of fees for
department goods and services. The amendments to §5.44 are adopted without
changes to the proposed text as published in the December 30, 2005, issue
of the
Texas Register
(30 TexReg 8836) and
will not be republished.
EXPLANATION OF ADOPTED AMENDMENTS
Transportation Code, §201.208 authorizes the Texas Transportation
Commission (commission) to adopt rules regarding the method of payment of
a fee for any goods sold or services provided by the department or for the
administration of any department program. Pursuant to that authority, the
commission has adopted §§5.41 - 5.44 to include a minimum and maximum
amount that could be charged using a credit card, as well as a requirement
that a person paying a fee by credit card also pay a $1.00 convenience fee.
New §27.82, adopted as part of this rulemaking, authorizes the department
to adopt policies relating to toll collection and enforcement and the operation
of customer service centers that, among other provisions, will authorize all
fees imposed under that section to be paid by credit card, debit card not
requiring the entry of a personal identification number (PIN), money order,
personal or cashier's check, or cash. New §27.82 authorizes the commission
to establish toll rates for the use of a toll project, and authorizes the
department to charge fees to customers for purposes of establishing and administering
electronic toll collection customer accounts.
New §27.82 does not include a minimum or maximum charge amount or
require the payment of a convenience fee for a credit card payment. The toll
rates and customer account fees will be publicized to potential customers
through various methods, and will be considered when a motorist is determining
whether to use a toll project, and by the public when determining whether
to establish a customer account. Charging an additional fee to customers that
will increase the publicized fees for the use of a toll project, or requiring
a minimum or maximum charge amount, may result in an adverse impact on toll
related sales and revenues and the number of persons using the toll project,
thereby resulting in a higher than anticipated level of congestion on nontoll
facilities.
Section 5.44 is amended to specify that the requirements of Chapter 5,
Subchapter D (§§5.41 - 5.44) do not apply to the payment of tolls
and customer account fees under §27.82 of this title (relating to Toll
Operations).
COMMENTS
No comments on the proposed amendments were received.
STATUTORY AUTHORITY
The amendments 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,
§201.208, which authorizes the commission to adopt rules regarding the
method of payment of a fee for any goods sold or services provided by the
department.
CROSS REFERENCE TO STATUTE
Transportation Code, §201.208.
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 February 24, 2006.
TRD-200601009
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Effective date: March 16, 2006
Proposal publication date: December 30, 2005
For further information, please call: (512) 463-8683
Subchapter A. GENERAL
43 TAC §25.1
The Texas Department of Transportation (department) adopts
amendments to §25.1, Uniform Traffic Control Devices, concerning the
Texas Manual on Uniform Traffic Control Devices (Texas MUTCD). The Texas MUTCD
is amended periodically to maintain substantial compliance with the National
Manual on Uniform Traffic Control Devices (National MUTCD), to allow use of
a single manual for local, state, and Federal-aid highway projects. These
amendments incorporate the latest federal requirements of the National MUTCD
into the Texas MUTCD. The amendments to §25.1 are adopted with changes
to the proposed text as published in the December 2, 2005, issue of the
The National MUTCD defines the standards used by road managers nationwide
to install and maintain traffic control devices on all streets and highways
open to public travel. The National MUTCD is published by the Federal Highway
Administration (FHWA) under Title 23, Code of Federal Regulations, Part 655,
Subpart F.
The FHWA has recently completed a major revision and reformat of the National
MUTCD. All states are required to adopt the provisions of this new federal
manual.
Section 25.1(a) adopts by reference the 2006 Texas MUTCD. In addition,
the amendments add bicycle trails to the types of transportation facilities
in which the Texas MUTCD applies. This section also clarifies that the Texas
MUTCD only applies to streets, highways, and bicycle trails that are open
to public travel. For clarification, the street address for the Office of
the Secretary of State has also been added.
The amendment also provides that the Texas MUTCD will be available online
through the department's website and will no longer be published. For those
unable to access the department's website, copies are available on request.
Subsections (d) and (e) are no longer necessary and are deleted from the adopted
rule.
COMMENTS
The department received several comments on the proposed revisions to the
Texas MUTCD that were proposed for adoption by reference and filed with the
Texas Register Division of the Secretary of State. The comments concern various
sections of the manual.
Comment
One commenter noted that the manual referred to a sign appendix summarizing
all signs discussed in the manual but the appendix was not attached to the
manual. The commenter asked if the appendix will be included with the adopted
version of the manual.
Response
The department agrees with the request and has added the sign appendix
to the adopted rule. The appendix does not add any substantive material. It
is a summary of what is contained in the adopted manual.
Comment
Regarding Chapter 4F "Traffic Control Signals for Emergency Vehicle Access",
one commenter asked that warrants be included for the installation of traffic
signals and flashing beacons at fire station access points since limited guidance
was in the manual.
Response
The department agrees that limited guidance was contained in the manual
for emergency vehicle traffic control signals. Warrants for emergency vehicle
access signals have been added to Section 4F.01 of the manual and warrants
for emergency vehicle access flashing beacons have been included in Section
4F.04.
Comment
One commenter suggested changes related to the application of school speed
zones, specifically related to Figure 7B-3.
Response
Figure 7B-3 shows an example of a school speed zone application. Section
7B.11 provides wording allowing the application of school speed zones per
the commenter's request. Therefore, no changes to the proposed Texas MUTCD
were made.
Comment
One commenter submitted numerous items related to punctuation, grammar
and formatting.
Response
The comments did not change the meaning or intent of the text in the manual
and have not been individually listed here. The comments have been incorporated
into the manual.
STATUTORY AUTHORITY
The amendments are adopted under Transportation Code, §201.101, which
authorizes the Texas Transportation Commission to promulgate rules for the
conduct of the work of the department.
CROSS REFERENCE TO STATUTE
Transportation Code §544.001.
§25.1.Uniform Traffic Control Devices.
(a)
The 2006 Texas Manual on Uniform Traffic Control Devices,
which is filed with this section and hereby incorporated by reference, was
prepared as required by law to govern standards and specifications for all
such traffic control devices to be erected and maintained upon all streets,
highways, and bicycle trails that are open to public travel within this state,
including those under local jurisdiction. Copies of the manual are available
online through the Texas Department of Transportation web site, www.dot.state.tx.us,
and are on file for public inspection with the Office of the Secretary of
State, Texas Register Division, James Earl Rudder State Office Building, 1019
Brazos St., Room 245, Austin, Texas 78701.
(b)
This manual will be periodically updated. In the intervals
between updates, standards contained in "Official Rulings on Requests for
Interpretations, Changes, and Experimentation" to the United States Department
of Transportation's Manual on Uniform Traffic Control Devices for Streets
and Highways will be inserted in this manual and may be used as interim standards.
(c)
This manual is not intended to preclude the use of sound
engineering judgment and experience in the application and installation of
devices and particularly in those cases not specifically covered which must
not conflict with the manual or other applicable state laws.
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 February 24, 2006.
TRD-200601010
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Effective date: March 16, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 463-8683
43 TAC §§25.21, 25.23, 25.25
The Texas Department of Transportation (department) adopts
amendments to §25.21, §25.23, and §25.25 concerning procedures
for establishing speed zones. The amendments to §25.21, §25.23,
and §25.25 are adopted without changes to the proposed text as published
in the December 2, 2005, issue of the
Texas Register
(30 TexReg 8044) and will not be republished.
EXPLANATION OF ADOPTED AMENDMENTS
House Bill 2257, 79th Legislature, Regular Session, 2005, expands the number
of counties that are eligible for a maximum 75 mile per hour daytime speed
limit as established by the Texas Transportation Commission (commission).
House Bill 2257 also authorizes the commission to establish a maximum speed
limit of 80 miles per hour on Interstate Highway 10 and Interstate Highway
20 in certain counties.
Section 25.21, Introduction, implements the legislative changes by adding
the counties that now qualify for the 75 mile per hour speed limit. The amendment
also states the counties eligible for the 80 mile per hour speed limit as
authorized by House Bill 2257. Amendments to this section also note that the
maximum speed allowed on a portion of the Trans-Texas Corridor is 85 miles
per hour as authorized under Transportation Code, §545.3531.
Various changes to §25.23, Speed Zone Studies, allow a four hour observation
period for a speed study if performed with a traffic counter that classifies
vehicles by type. These changes reflect current agency practice and are non-substantive
in nature.
Section 25.23(c)(5), clarifies that when a study indicates that the 85th
percentile speed is at or below 50 miles per hour, the resulting school zone
speed limit should not be set more than 15 miles per hour below the 85th percentile
speed. The current language only states that this requirement applies to 85th
percentile speeds of below 50 miles per hour. This is not a significant change
and is included only as clarification.
Section 25.25, Application of Advisory Speeds, is amended to allow for
the use of manual or electronic ball-bank indicators for use in determining
the advisory speed limit for curves and turns. The Procedures for Establishing
Speed Zones Manual (procedures manual) includes detailed information on the
use of the ball-bank indicator, therefore, all references about how to use
the ball-bank indicator have been deleted from the adopted rule. Figures 2,
4, and 5 in §25.25 are deleted. By deleting §25.25(b)(3)-(8), the
department is able to update the procedures manual to accommodate the use
of new technology.
COMMENTS
No comments on the proposed amendments were received.
STATUTORY AUTHORITY
The amendments 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.
CROSS REFERENCE TO STATUTE
Transportation Code, §545.353, and §545.3531.
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 February 24, 2006.
TRD-200601011
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Effective date: March 16, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 463-8683
43 TAC §25.41
The Texas Department of Transportation (department) adopts
amendments to §25.41, Definitions, concerning congestion mitigation facilities.
The amendments to §25.41 are adopted without changes to the proposed
text as published in the December 2, 2005, issue of the
Texas Register
(30 TexReg 8047) and will not be republished.
EXPLANATION OF ADOPTED AMENDMENTS
House Bill 1986, 79th Legislature, Regular Session, 2005, adds a coordinated
county transportation authority as created under Transportation Code, Chapter
460, to the list of entities that the department may enter into an agreement
with for the design, construction, operation, or maintenance of a high occupancy
vehicle lane.
The amendment to §25.41(8), HOV Authority, adds a coordinated county
transportation authority to the list of transit authorities that qualify as
an HOV Authority. This will allow the department to enter into an agreement
relating to HOV lanes with such an authority as required under the terms of
the legislation.
COMMENTS
No comments on the proposed amendments were received.
STATUTORY AUTHORITY
The amendments 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.
CROSS REFERENCE TO STATUTE
Transportation Code, §224.153(b).
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 February 24, 2006.
TRD-200601012
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Effective date: March 16, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 463-8683
Subchapter G. OPERATION OF DEPARTMENT TOLL PROJECTS
43 TAC §§27.80, 27.82, 27.83
The Texas Department of Transportation (department) adopts
amendments to §27.80 and new §27.82 and §27.83, concerning
the operation of department turnpike projects. The amendments to §27.80
and new §27.82 and §27.83 are adopted without changes to the proposed
text as published in the December 30, 2005, issue of the
Texas Register
(30 TexReg 8845) and will not be republished.
EXPLANATION OF ADOPTED AMENDMENTS AND NEW SECTIONS
Transportation Code, Chapter 228, Subchapter B, authorizes the Texas Transportation
Commission (commission) and the department to impose tolls for the use of
a department toll project, and to perform various functions necessary for
the operation of a department toll project, including the imposition of fees
relating to toll collection and enforcement and the operation of customer
service centers.
Transportation Code, §228.052, authorizes the department to enter
into an agreement with one or more persons to provide, on terms approved by
the department, personnel, equipment, systems, facilities, and services necessary
to operate a toll project or system. Transportation Code, §228.057, authorizes
the department to charge reasonable fees for administering electronic toll
collection customer accounts.
Section 27.80 is amended to define terms used in new §27.82 and §27.83,
including comprehensive development agreement, operational concession, and
tag.
In order to implement the authority granted in Transportation Code, Chapter
228, Subchapter B, new §27.82, authorizes the department to adopt policies
relating to toll collection and enforcement and the operation of customer
service centers. New §27.82 prescribes criteria to be considered by the
department in adopting those policies that are intended to facilitate mobility
on department facilities, the auditing of customer service center operations,
and the marketing of toll projects, as well as providing a high level of customer
service. Transportation Code, Chapter 228, Subchapter B, prescribes the process
that may be used by the department to enforce toll collections, including
issuing notices of nonpayment and assessing administrative fees, and contracting
with a private person or entity to collect the unpaid toll and administrative
fee before referring the matter to a court with jurisdiction over the offense.
Accordingly, new §27.82 provides that toll collection and enforcement
policies adopted by the department are not subject to the requirements of §5.10
(relating to Collection of Debts).
New §27.82 also prescribes the amount of fees charged to customers
for purposes of establishing and administering electronic toll collection
customer accounts, and for enforcing the collection of unpaid tolls. Those
amounts have been set to allow the department to recover its costs. New §27.82
authorizes the department to temporarily waive tag fees for the purposes of
introducing motorists to toll projects and attracting new customers. New §27.82
also prescribes criteria for the setting of toll rates by the commission and
conditions for authorizing a private entity to set toll rates and establish
administrative fees under an agreement with the department to operate a toll
project. New §27.82 authorizes the department to suspend the imposition
of an administrative fee if a violator agrees to open a funded account and
to maintain that account in good standing, and to waive the fee if the account
is maintained in good standing for the period of time determined by the department.
In order to ensure sufficient department oversight over the setting of toll
rates and fees, the private entity is required to submit to the department
for approval its methodology for setting and increasing toll rates and establishing
administrative fees.
In order to implement the authority granted in Transportation Code, §228.052,
new §27.83 prescribes requirements for soliciting proposals to operate
a department toll project or system. Transportation Code, §227.083, differentiates
between operating agreements under which the private entity operates a toll
project for a fee, and an operational concession under which the private entity
purchases the right to conduct a business involving a toll project for a specified
number of years in return for a fee paid to the department and the assumption
of operation and maintenance responsibilities. An operational concession must
be procured using a two step procurement process in which proposals are first
evaluated to determine a short list of the most qualified and experienced
proposers, with detailed proposals then requested from the shortlisted proposers.
Other types of operating agreements may be procured using a one step procurement
process that requests detailed proposals.
New §27.83 prescribes requirements for a procurement, including the
contents of a request for qualifications or request for proposals, evaluation
criteria to be used during the evaluation of a request for qualifications
or request for proposals, and conditions to negotiations with the apparent
best value proposer and award of a contract.
COMMENTS
No comments on the proposed amendments and new sections were received.
STATUTORY AUTHORITY
The amendments and 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.
CROSS REFERENCE TO STATUTE
Transportation Code, Chapter 228, Subchapter B.
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 February 24, 2006.
TRD-200601013
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Effective date: March 16, 2006
Proposal publication date: December 30, 2005
For further information, please call: (512) 463-8683
Subchapter C. OPERATION OF STATE-OWNED FERRIES
The Texas Department of Transportation (department) adopts the repeal
of §29.48 and simultaneously adopts new §29.48 concerning boarding
priorities of state owned ferries. New §29.48 is adopted with changes
to the proposed text as published in the September 9, 2005, issue of the
EXPLANATION OF ADOPTED REPEAL AND NEW SECTION
Transportation Code, §342.004, allows the department to adopt rules
to establish a system under which any owner of a motor vehicle may apply to
the department for issuance of a sticker for a vehicle that entitles the vehicle
to have priority in boarding the Galveston-Port Bolivar ferry or the Port
Aransas ferry operated by the department. Pursuant to this authority, the
Texas Transportation Commission (commission) has previously adopted §29.48
to allow certain vehicles priority in boarding a ferry.
The department adopts the repeal of §29.48 and simultaneously adopts
new §29.48 in a revised form. New §29.48(a)(1) outlines special
emergency or humanitarian boarding situations, such as ambulances and other
vehicles transporting sick or injured persons, fire department vehicles, medical
doctors en route to an emergency, law enforcement officers engaged in the
performance of an official duty, U.S. Coast Guard vehicles responding to marine
emergencies, school buses, funeral processions, and public transportation
vehicles carrying six or more persons. Vehicles with special boarding situations
will receive priority over all other vehicles boarding the ferry.
New §29.48(a)(2) outlines the various fees for an annual permit for
the Galveston/Bolivar and Port Aransas ferries. The department will begin
issuing permits once 500 applications have been received. The fees vary based
on the size of the vehicle and the number of permits issued per applicant.
An annual permit will be effective for 12 months from the month it is issued.
Upon completion of a permit application and payment of required fees, a boarding
priority permit and windshield sticker will be issued.
The reference in §29.48(a)(2)(B) to a one-axle vehicle has been deleted
because there are no one-axle vehicles that will utilize priority boarding.
Section 29.48(a)(3) provides for the ferry captain or ferry operations
manager, at their own discretion, to allow priority boarding for humanitarian
reasons. Section 29.48(b) provides that all other vehicles shall board in
order of arrival after priority boarding is completed.
COMMENTS
Public hearings were held on September 19, 2005 in Port Aransas, Texas
and on November 29, 2005 in Crystal Beach, Texas, and various oral and written
comments were received, including sixty-two comments indicating general support
of the proposed rules and nineteen comments indicating general opposition
to the proposed rules. Summaries of the comments and commission responses
are as follows.
Galveston/Bolivar Ferry
COMMENT
Five commenters stated there are special needs for the elderly and people
with medical disabilities or handicapped and for doctor visits.
RESPONSE
Section 29.48(a)(3) authorizes the ferry captain or ferry operations manager
to allow priority boarding for humanitarian purposes not covered in §29.48(a)(1).
Regular doctor visits are not included for priority boarding because regular
doctor visits can be scheduled for off-peak periods. Department records show
that 86% of the time there is no waiting period before boarding the Galveston/Bolivar
Ferry.
COMMENT
Two commenters suggested taking into consideration the need for short term
passes or weekend only passes, charging a lower fee at first and increasing
it later to cover costs, or allowing monthly payments by credit card, debit
card, or any method to make it easier to pay.
RESPONSE
Transportation Code, §342.004, requires the department to collect
priority boarding fees annually and issue stickers. Even if the fee could
be broken down into monthly payments, it would not be practical to issue the
corresponding stickers on a monthly basis. Weekend only passes would overload
the priority boarding system because of travel peaks during these periods
and holidays.
COMMENT
One commenter suggested a reversible line in Galveston.
RESPONSE
The department disagrees with this suggestion. Reversible lines have been
considered by the Houston District and concern about traffic safety and handling
local cross traffic make this option undesirable.
COMMENT
A comment was received suggesting public transportation or shuttle buses
be provided.
RESPONSE
The department supports existing public transportation in the city of Galveston
and on the Bolivar Peninsula with public funds. To encourage public transportation,
public transportation vehicles that are carrying six or more passengers are
added to the special situation boarding outlined in revised subsection (a)(1)(I).
In addition, the department will cooperate by providing locations for buses
or shuttles to stop and pick up passengers. Commercial shuttles may purchase
a priority boarding pass.
COMMENT
One commenter requested that the fee structure be made simpler.
RESPONSE
The department chose to impose extra charges for vehicles that take up
extra space since only 50% of the ferry's capacity can be devoted to priority
boarding at any time.
COMMENT
Nine commenters requested that only residents and home owners be eligible
for priority boarding.
RESPONSE
The department has no statutory authority to provide special treatment
to any group of citizens.
COMMENT
One commenter stated that the department received an appropriation for
the capital improvements, so the fee should be based solely on the cost to
administer the program rather than the cost of capital improvements.
RESPONSE
Only the ramp and additional ferry are funded by the appropriation. The
priority boarding fee is designed to cover other roadway improvements specific
to and necessitated by priority boarding as well as the operational costs
of the priority boarding system.
COMMENT
Nineteen commenters said the $400 annual fee was too high. One commenter
said the fee should be lowered and amortized over a longer period of time.
One person said the fee should be $100.
RESPONSE
Based on the comments received, the department determined that it would
be unlikely to sell a sufficient number of permits at $400 to justify the
program. The department is lowering the fee for two-axle vehicles to $250
for the first vehicle, and $150 for other two-axle vehicles at the same address.
COMMENT
One commenter stated that multi-axle vehicles should pay more.
RESPONSE
In order to increase the likelihood that a sufficient number of annual
permits would be sold, the department has lowered the proposed fee from $600
to $500 for buses, motor homes, or single unit trucks with up to three axles.
In order to compensate for the lower fees charged for smaller vehicles, and
due to the anticipated demand for annual permits for large vehicles, the department
has raised the proposed fee from $800 to $1,000 for multi-unit trucks or other
vehicles with more than three axles.
COMMENT
One commenter stated that priority passes should be available to all taxpayers.
RESPONSE
Under the proposed rule, priority passes will be available to all taxpayers.
COMMENT
One commenter requested that hanging tags be used instead of stickers.
RESPONSE
The statute specifically requires the department to issue stickers rather
than hanging tags.
COMMENT
Two commenters recognized that if too many vehicles obtain priority boarding
passes that the priority system would not work.
RESPONSE
The department agrees with this concern.
COMMENT
Several people commented that the department needs to improve the landing
and add more ferries to improve operations and service.
RESPONSE
These comments do not pertain to the proposed rules.
COMMENT
One commenter requested a breakdown of the financial analysis that justified
the proposed $400 fee.
RESPONSE
Construction cost of adding a paved lane: $3,840,000 paid off in ten years
at $384,000 per year. Printing stickers: $2000 per year. Contract security:
$200,000 per year. Maintenance of traffic lane: $2,000 per year. Temporary
personnel to process applications: $15,000 per year. Forms and computer time:
$2000 per year. Additional personnel at ferries: $170,842 per year. Total
cost: $775,842 per year, divided by 2000 stickers sold: $387.92. The cost
was rounded to $400. These costs are for the Galveston/Bolivar ferry system.
Similar costs were estimated for the Port Aransas ferries.
COMMENT
One commenter submitted a packet of comments initially submitted in February
of 2005. These comments address issues such as wait time, trucks, dredging,
maintenance of existing ferries, park and ride, lane problems, and temporary
fixes.
RESPONSE
These comments do not pertain to the proposed rules.
Port Aransas Ferry
COMMENT
One commenter said that the 50% capacity given to priority boarders and
50% to others would result in no advantage to priority boarders.
RESPONSE
Transportation Code, §342.004, requires the department to limit priority
boarding to 50% of the ferry's vehicle capacity.
COMMENT
Eight commenters suggested issuing transferable hanging tags rather than
stickers.
RESPONSE
Transportation Code, §342.004, does not give the department the option
of selling hanging tags rather than stickers.
COMMENT
Five people said the fee is too high.
RESPONSE
Based on comments received, the department determined that it would be
unlikely to sell a sufficient number of permits at $400 to justify the program.
The department is lowering the fee for two-axle vehicles to $250 for the first
vehicle, and $150 for other two-axle vehicles at the same address.
COMMENT
Nine commenters were opposed to priority boarding stickers because of safety
concerns about what other drivers will do. There were also other statements
about safety concerns for priority boarders and other passengers in general.
RESPONSE
The department will provide extra security during peak periods of operations
to protect the users of the ferry.
COMMENT
A number of people were against transferable hanger type passes because
this would encourage theft and would reduce revenues.
RESPONSE
The statute and the rule only allow a sticker placed on the windshield.
COMMENT
One person is for a pure toll ferry and would not support priority passes.
RESPONSE
This rule implements Transportation Code, §342.004, which provides
for priority boarding rather than tolls. The department is not authorized
to charge tolls.
COMMENT
Three commenters suggested that priority boarding be offered to residents
and home owners only.
RESPONSE
The department has no authority to provide special treatment to any group
of citizens.
COMMENT
Two people suggested that businesses be charged a discount rate.
RESPONSE
The department lacks statutory authority to do this.
Chapter 25.
TRAFFIC OPERATIONS
Subchapter B. PROCEDURES FOR ESTABLISHING SPEED ZONES
Subchapter C. CONGESTION MITIGATION FACILITIES
Chapter 27.
TOLL PROJECTS
Chapter 29.
MAINTENANCE