43 TAC §§11.100 - 11.103
The Texas Department of Transportation adopts new §§11.100-11.103
concerning Green Ribbon Projects. Sections 11.100-11.103 are adopted without
changes to the proposed text as published in the February 15, 2002, issue
of the
Texas Register
(27 TexReg 1131), and
will not be republished.
EXPLANATION OF ADOPTED NEW SECTIONS
The 2002-2003 General Appropriations Act, 77th Legislature, Article VII-35,
Rider 57 stated that it is the intent of the legislature that the department
expand the Green Ribbon Project. The Green Ribbon Project was pioneered in
the department's Houston District to emphasize the planting of vegetation,
the use of public art, and respect for local neighborhoods in designing and
building highways in urban areas. These rules apply this concept to urban
areas throughout the state.
Section 11.100 establishes the purpose and scope of the rules.
Section 11.101 requires the department's districts to prepare a Green Ribbon
Master Plan that includes each city with a population over 100,000. Local
governments and interested private parties will be active participants in
the development of the plan, but the details of this involvement can be implemented
based on the unique circumstances in each urban area.
Section 11.102 directs that the Green Ribbon Master Plan be considered
in the planning and design of all transportation projects by the department.
Section 11.103 provides a mechanism for governmental and private entities
to participate in the implementation of the Green Ribbon Master Plan for each
urban area. Local governmental entities may provide money, property, or services
for enhancements consistent with a Green Ribbon Master Plan by signing a written
agreement. A private party may donate money, property, or services by signing
a donation agreement with the approval of the Texas Transportation Commission
or by participating in the Adopt-a-Highway program or a similar program that
is already in existence. Both mechanisms are intended to provide maximum flexibility
in the interest of permitting a wide range of levels and types of participation
in the aesthetic enhancement of transportation projects.
COMMENTS
No comments were received on the proposed new sections.
STATUTORY AUTHORITY
The new sections 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 Texas Department of Transportation.
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 26, 2002.
TRD-200202559
Richard D. Monroe
General Counsel
Texas Department of Transportation
Effective date: May 16, 2002
Proposal publication date: February 15, 2002
For further information, please call: (512) 463-8630