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
The Texas Department of Transportation (department) adopts amendments to §15.170, purpose, §15.171, definitions, §15.172, applicability, and §15.173, state highway improvement projects, concerning state highway projects financed through the issuance of certain bonds and other public securities. The amendments to §§15.170 - 15.173 are adopted without changes to the proposed text as published in the May 9, 2008, issue of the Texas Register (33 TexReg 3728) and will not be republished.
EXPLANATION OF ADOPTED AMENDMENTS
The amendments conform 43 TAC Chapter 15, Subchapter N to the changes made to Transportation Code, §222.003 by Senate Bill 792, 80th Legislature, 2007. Senate Bill 792 increased the annual bond issuance limit for bonds and other public securities secured by the state highway fund from $1 billion to $1.5 billion; increased the maximum aggregate issuance limitation from $3 billion to $6 billion; and increased the amount allocated to highway safety projects from $600 million to $1.2 billion. By deleting from the rules the amounts specified by the statute, the amendments remove the current and potential future discrepancies between the rules and statute, particularly with respect to the amount of bonds that the department may issue under 43 TAC Chapter 15, Subchapter N. Additionally, minor wording changes have been made to clarify the rules and to ensure consistency in terminology.
Amendments to §15.170, Purpose, delete references to the specific dollar amounts of the annual bond issuance limit, and the maximum aggregate bond issuance limit which are specified in Transportation Code, §222.003 and subject to change by the legislature. The specific amounts are replaced with a reference to the statute, thereby removing current and potential future discrepancies between the rules and statute.
Amendments to §15.171, Definitions, delete the definition of Trans-Texas Corridor because the only use of the term in the subchapter is being removed from §15.172 for the reasons set out in the explanation of amendments to that section. The amendments renumber the remaining definitions accordingly.
Amendments to §15.172, Applicability, delete references to the specific project and dollar amount limitations and insert references to relevant provisions of Transportation Code, §222.003 to more accurately reflect the prohibited uses of bond proceeds and describe the bond amount limits prescribed by the legislature. Senate Bill 792 amended Transportation Code, §222.003(d) to change the amount of the proceeds that are required to be used for highway safety projects. As a result the statute and the rules conflict, and in such a situation, the statute controls. Transportation Code, §222.003(e) prohibits the use of bond proceeds for an array of projects, of which §15.172 lists only facilities on the Trans-Texas Corridor. The amendments delete the reference to the Trans-Texas Corridor and substitute a reference to the statute thus capturing the prohibition of the use of the bond proceeds for all current and future prohibited uses.
Amendments to §15.173, State Highway Improvement Projects, delete language limiting the use of bond proceeds for projects or programs in the Unified Transportation Program to only those that would be accelerated, thereby making the funds available for use on more state highway improvement projects. Additionally, the amendments add as an eligibility criterion consideration of the potential of a project to be classified as a safety project.
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 (commission) with the authority to establish rules for the conduct of the work of the department, and Transportation Code, §222.003, which requires the commission to by rule prescribe criteria for selecting projects eligible for funding under the state highway fund bond program.
CROSS REFERENCE TO STATUTE
Transportation Code, §222.003.
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 August 1, 2008.
TRD-200804004
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Effective date: August 21, 2008
Proposal publication date: May 9, 2008
For further information, please call: (512) 463-8683