Part I.
Texas Department of Transportation
Chapter 11.
Design
Subchapter E. Statewide Transportation Enhancement Program
43 TAC §11.202
The Texas Department of Transportation proposes an amendment
to §11.202, concerning Project Eligibility for the Statewide Transportation
Enhancement Program.
EXPLANATION OF PROPOSED AMENDMENT
Section 11.202 is amended to remove the wording that a project must have
a "direct" relation of function or impact to the surface transportation system.
The word "direct" has been removed so that the wording of the rule closely
follows the wording of the new federal surface transportation authorization
bill, Transportation Equity Act for the 21st Century (TEA 21). However, the
direct relation to the transportation system is still required under federal
guidance (Letter of Anthony Kane, Associate Administrator for Program Development,
U.S. Department of Transportation, Federal Highway Administration (FHWA),
dated April 24, 1992). This amendment will not result in any program changes
at this time. The department deems it prudent to remove the word "direct"
in anticipation that FHWA's guidance may change under TEA 21.
FISCAL NOTE
Frank J. Smith, Director, Finance Division, has determined that for the
first five-year period the amendment is in effect, there will be no fiscal
implications for state or local governments as a result of enforcing or administering
the amendment. There are no anticipated costs for persons required to comply
with the section as proposed.
Robert L. Wilson, Director, Design Division, has certified that there will
be no significant impact on local economies or overall employment as a result
of enforcing or administering the amended section.
PUBLIC BENEFIT
Mr. Wilson also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
or administering the amendment will be to allow the department to be responsive
to any changes in federal policy regarding the enhancement program. There
will be no effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the proposed amendment may be submitted to Robert L.
Wilson, Director, Design Division, 125 East 11th Street, Austin, Texas 78701-2483.
The deadline for receipt of comments will be 5:00 p.m. on May 11, 1999.
STATUTORY AUTHORITY
The amendment 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 Texas Department of Transportation.
No statutes, articles, or codes are affected by the proposed amendment.
§11.202. Project Eligibility.
(a)
To be eligible for consideration for inclusion in the
Program, a candidate project must:
(1)
propose one or more transportation enhancement activities
that have a [
(2)
consist of expenditures that conform to applicable
provisions of state and federal laws;
(3)
present persuasive evidence of support for the candidate
project from the communities in which it would be implemented, to include
a commitment to provide at least 20% of the allowable costs of the candidate
project;
(4)
propose to construct or enhance a facility from which
all operational income will be used for the costs necessary for the proper
operation and maintenance of the facility;
(5)
be nominated for consideration by an eligible nominating
entity in the manner prescribed in §11.203 of this title (relating to
Project Nomination)
(6)
be available for public use for a period of not less
than 10 years; and
(7)
have at least 50% of the project's activities identified
in the project description and budget of the nomination form deemed eligible
for federal reimbursement.
(b)
Projects which will require the acquisition of real property
through the exercise of eminent domain by any entity are not eligible for
participation in the Program.
(c)
Ineligible candidate projects may not be resubmitted for
subsequent program calls without revision.
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
March 29, 1999.
TRD-9901830
Richard Monroe
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: May 9, 1999
For further information, please call: (512) 463-8630
Subchapter A. General
direct
] relationship of function or impact to the
surface transportation system, yet go beyond activities customarily incorporated
into transportation projects;
Chapter 25.
Traffic Operations