Texas Administrative Code

All installations and changes to traffic control devices along designated routes of the state highway system shall be at the expense of the department except under the following conditions. (1) When provisions of an agreement executed with local jurisdictions delegate responsibil…

(a) Transportation Code, § 545.0651 and § 545.0652 authorize a municipality, a county, or the Texas Department of Transportation to restrict through traffic, by class of vehicle, to two or more designated lanes of traffic on certain portions of the designated state highway system…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) Class of vehicle--All or any of the types of vehicles, machines, tractors, trailers, or semitrailers, or any combination thereof, pr…

(a) Costs. Each local jurisdiction is responsible for all costs related to restriction development, including proposal preparation, local jurisdiction public hearings, and public information announcements regarding the order enforcing the restriction. (b) Initial contact. A local…

(a) Commission action. The commission may restrict, by class of vehicle, through traffic to two or more designated lanes of a highway. (b) Consultation. Prior to adopting a lane restriction, the department will consult with any local jurisdiction in whose boundaries the lane rest…

(a) The executive director may restrict a commercial motor vehicle to a specific lane of traffic in a construction or maintenance work zone for a highway that is part of the state highway system if the executive director determines that, based on traffic study performed by the de…

(a) Evaluation. The executive director will consider the following factors in evaluating the proposals: (1) consistency with the department's safety, maintenance, operation, and beautification objectives; (2) maximization of revenue or development of department telecommunications…

(a) Purpose. Texas Transportation Code, Chapter 225, provides for the memorial designation of roadways on the state highway system. Subchapter A of that chapter authorizes local governmental units, if approved by the department, to assign a memorial designation to a part of the s…

The purpose of this subchapter is to provide an orderly and efficient system of traffic safety program grant agreements or contracts between the department and local governments, state agencies, colleges, universities, individuals, and other public and private entities for the pu…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Commission--The Texas Transportation Commission. (2) Common rule--Title 49, United States Code of Federal Regulations, Part 18, Unif…

This subchapter governs the scope and content of program grant agreements and contracts and the means of determining whether costs of a proposed project will be eligible for reimbursement with traffic safety funds pursuant to a grant agreement or a contract with the department. T…

The long-term goal of the program is to reduce traffic crashes and the resulting deaths, injuries, and property damage to the lowest possible level. Objectives which support this goal are established for the various functional areas of the program. These objectives may be revised…

(a) A law enforcement officer who investigates a motor vehicle crash shall submit a crash record report within 10 days of the accident on a form prescribed by the department if the crash resulted in: (1) injury to or death of a person; (2) $1000 or more of property damage to the …

The department will monitor and prepare reports on program performance to assure compliance with state and federal regulations and to assure that performance objectives are being met. Notes 43 Tex. Admin. Code § 25.913 The provisions of this §25.913 adopted to be effective March …

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) Applicant--A person requesting a sign under the Memorial Sign Program for Victims of Impaired Driving or the Memorial Sign Program f…

As required by the common rule, but at variance with the Uniform Grant and Contract Management Standards, recipients of National Highway Traffic Safety Administration (NHTSA) grants shall use NHTSA or state financial reports. Notes 43 Tex. Admin. Code § 25.912 The provisions of t…

(a) The NHTSA and the FHWA are subject to the common rule, which is also applicable to the program. (b) The program is also subject to the program regulations promulgated by the NHTSA and FHWA. (c) Changes to federal rules and regulations applicable to the program will be impleme…

(a) Each grant agreement submitted to the department for approval shall be reviewed for compliance with the applicable provisions. (b) Any grant agreement will be rejected if the Texas highway safety plan cannot provide sufficient funds for the particular type of project submitte…

(a) This section applies only to accident reports filed with the department under Transportation Code, § 550.061 or § 550.062 . (b) The department may correct the location of an accident in an accident report if the department determines that, using the department's mapping syste…

Transportation Code, § 201.909 and § 201.911 , require the department to establish and administer memorial sign programs to publicly memorialize the victims of alcohol or controlled substance-related vehicle crashes, which is referred to in this subchapter as the Memorial Sign Pr…

(a) The department will classify motor vehicle crashes by the standards established in the following manuals available through the department web site at www.txdot.gov: (1) the Manual on Classification of Motor Vehicle and Traffic Accidents as adopted by the American Standards In…

(a) A driver involved in a motor vehicle crash that is not investigated by law enforcement is required to submit a driver's crash report within 10 days of the date of the crash on a form prescribed by the department if the crash resulted in: (1) injury to or the death of a person…

(a) Civic organization application. A civic organization shall apply to the municipality. (b) Civic organization selection. The municipality will be responsible for selecting the civic organizations and placing the attachment signs. (c) Removal of civic organization attachment si…

(a) Eligibility requirements. The executive director, in cooperation with an HOV authority with which the department contracts under this subchapter, will establish eligibility requirements for vehicles authorized to use HOV lanes on the state highway system, including eligible v…

(a) The department may allow motorcycles and low-emissions vehicles to use HOV lanes without meeting the minimum occupancy requirements of the facility. (b) In determining whether to allow these vehicles to use an HOV lane or lanes without meeting the minimum occupancy requiremen…

(a) The commission by minute order may designate, and the department may finance, design, construct, operate, or maintain an exclusive lane or lanes on a portion of the state highway system. (b) In designating an exclusive lane, the commission must find that such a designation wi…

(a) Public Hearing. (1) Opportunity for a hearing. The department will annually provide an opportunity for a public hearing on: (A) use of the state highway system for bicycle events; and (B) department policies affecting bicycle use of the state highway system. (2) Notice. An op…

(a) This section applies only to increasing the speed limit within an existing speed zone from 70 miles per hour to 75 miles per hour, as authorized by the legislature. (b) The speed zone study necessary for increasing the speed limit from 70 to 75 miles per hour may, at the sole…

(a) Purpose. This section describes the criteria governing the authority to set variable speed limits under Transportation Code, § 545.353(k) . (b) Criteria for variable speed limits. A district engineer may temporarily lower the established prima facie speed limits on a part of …

(a) This section applies only to decreasing the speed limit within an existing speed zone on the state highway system if the crash rate in the section of the roadway is greater than the statewide average crash rate for similar roadways. (b) The speed zone study that is necessary …

The department may install pay telephones in rest areas along highway routes and at other locations when deemed necessary as a public service for motorists. All pay telephones will be installed under an agreement executed between the department and the telephone company setting f…

(a) General requirements for eligibility. A civic organization's application must be approved by the municipality. To be eligible to have an attachment sign placed on a city pride sign in accordance with § 25.422 of this title (relating to City Pride Sign Program), a civic organi…

(a) City pride, TNRCC, THC, and KTB signs. (1) Design. (A) A city pride sign: (i) shall be fabricated in conformance with department standard plan sheet CPS (CITY PRIDE SIGN); (ii) may contain a message no greater than eight inches in height identifying the municipality; (iii) sh…

(a) An insurance premium finance company which enters into an insurance premium finance agreement with an insured to finance an insurance policy or policies shall notify the insurer whose premiums are being financed of the existence of such agreement within a reasonable period of…

(a) An insurance premium finance company may cancel an insurance policy pursuant to a power of attorney. However, it must notify the insurer in advance or at the time of financing that an insurance premium is being financed and that the insurance premium finance company has a pow…

(a) An environmental testing laboratory must be accredited according to this chapter, except as provided in § 25.6 of this title (relating to Conditions Under Which the Commission May Accept Analytical Data), if the laboratory provides analytical data which is used for a commissi…

If statutory, regulatory, or contractual restrictions provide that the insurance contract may not be cancelled unless notice is given to a governmental agency, mortgagee, certificate of insurance holder or other third party, the insurer shall give the required notice and calculat…

Insurance coverage provided by authority of the Insurance Code, Article 21.49-3 (Texas Medical Liability Insurance Underwriting Association Act) may not be financed in conjunction with other types of insurance under a single insurance premium finance agreement, but must be financ…

When an insured or co-obligor asks the licensee for the net amount necessary to pay the insured's indebtedness in full, the licensee shall quote the requested information to the person making such inquiry. Notes 28 Tex. Admin. Code § 25.46 The provisions of this §25.46 adopted to…

A licensee may make more than one insurance premium finance loan agreement with the same insured. However, no licensee shall induce or permit any person to be obligated directly or indirectly under more than one insurance premium finance agreement concurrently, for the purpose of…

(a) Written notice of a change in business mailing address only shall be mailed to the Department and to all insureds of record at least 15 days prior to the change of mailing address. (b) The notice shall include the exact name of the licensee, the old and new mailing addresses,…

(a) When there is an anticipated change in ownership of an insurance premium finance company, the new owner shall submit the following as applicable: (1) Supplemental Application for an insurance premium finance company license (Form PF1A); (2) List of Principals (Form PF2); (3) …

A licensee is responsible for the acts of its officers, directors and employees in the conduct of the licensee's business. Notes 28 Tex. Admin. Code § 25.3 The provisions of this §25.3 adopted to be effective May 17, 1995, 20 TexReg 3337.

This chapter describes requirements for accreditation and certification of environmental testing laboratories. Accreditation is voluntary; however, the commission may accept environmental testing laboratory data and analyses for use in commission decisions regarding any matter un…

(a) The executive director shall identify and make available to the public a list of the fields of accreditation offered under this chapter. A list of the fields of accreditation shall be made available on the commission's website and upon request from Agency Communications. (b) …

(a) An application for accreditation shall be made on a form provided by the executive director. The application must be submitted to the executive director with any documents and records required in the application or requested by the executive director and the fee provided in §…

An insurance premium finance company shall exercise reasonable care in the processing of insurance premium finance agreements and shall promptly pay amounts due under such agreements. Reasonable time for processing of insurance premium finance agreements shall be within five work…