Texas Administrative Code

All assistance provided under the Program is funded through or facilitated by the Department's mortgage revenue bond indentures and is subject to changes in the mortgage revenue bond indentures and applicable law. If there is a conflict between this chapter and any bond indenture…

The Board, in its discretion and within the limits of federal and state law, may waive any one or more of the rules governing this Program, except 10 TAC § 27.8 of this chapter, if the Board finds that waiver is appropriate to fulfill the purposes or polices of Texas Government C…

(a) The department may, by license, lease, or transfer of real property, authorize a governmental entity with the authority to construct and operate a toll project, to construct a toll project within the right of way of a state highway. (b) If the department authorizes constructi…

(a) The department shall assign codes for the reporting of data to the juvenile justice information system. The department shall designate and distribute a list of uniform offense codes to be used in reporting data to the juvenile justice information system. The department has th…

(a) Subject to the records sealing provisions of Texas Family Code, § 58.003 , the juvenile justice information system shall consist of information relating to delinquent conduct committed by a juvenile offender that, if the conduct had been committed by an adult, would constitut…

The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Criminal Justice Agency--Has the meaning assigned by Texas Government Code, § 411.082 . (2) Department--Refers to the Department of Pub…

The purpose of the Juvenile Justice Information System is to: (1) provide agencies and personnel within the juvenile justice system accurate information relating to children who come into contact with the juvenile justice system of Texas; (2) provide, where allowed by law, adult …

If information previously submitted by the court clerk is reversed or corrected, or the person is granted relief from disabilities under Texas Health and Safety Code, § 574.088 , the clerk of the court will notify the department not later than the 30th day after the action. Notes…

(a) Texas Government Code, § 411.0521 , mandates the clerk of the court to provide to the department information relating to certain persons' access to firearms to be forwarded to the Federal Bureau of Investigation (FBI) for use in the National Instant Criminal Background Check …

(a) Section 411.042 , Texas Government Code, mandates that a law enforcement agency shall report offenses under § 22.011 and § 22.021 , Penal Code, to the Texas Department of Public Safety. The Department shall create a statistical breakdown of these offenses. (b) Information col…

(a) The minimum standards contained in this title apply to secure electronic mail, electronic transmissions and facsimile transmissions arising under the provisions of Texas Government Code, § 411.081 . (b) The minimum standards for each method of transmission are detailed in thi…

Data supplied to the computerized criminal history system shall be compatible with the criminal justice information system and shall contain the incident number appropriate to the individual and incident being reported. The state identification number shall be reported when alrea…

(a) Criminal offender processing data as described by these rules and Texas Code of Criminal Procedure, Article 60 shall be reported by each agency responsible for the data from the time an offender is initially taken into custody or arrested until the time an offender is release…

(a) Although an active protective order may be entered with the minimum mandatory data, the effectiveness of the record entry in identifying the respondent or the protected person upon inquiry is greatly enhanced by inclusion of as much data as possible in the record. (b) Law enf…

The local law enforcement agency should remit to the department the following information as it relates to the: (1) Respondent: the name, sex, race, ethnicity, place of birth, date of birth, height, weight, skin tone, eye color, hair color, scars, marks, tattoos, fingerprint clas…

In order to qualify for entry into the Protective Order File, a protective order and its accompanying information must include at a minimum: (1) Information regarding the Respondent to include: the name, sex, race, height, weight, eye color, hair color, county of residence, relat…

If the Federal Bureau of Investigation implements a protective order file with the National Crime Information Center, entries, modifications, deletions, and inquiries into the Texas Protective Order File will be forwarded by the department for processing in the national file, to …

(a) Purpose. 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. This s…

(a) Purpose. 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. This s…

(a) Toll policies. The department shall adopt policies relating to toll collection and enforcement and the operation of customer service centers. The policies will authorize all fees imposed under this section to be paid by credit card, debit card not requiring the entry of a per…

(a) Purpose. Transportation Code, § 362.901 , requires the commission to adopt rules to allow a military vehicle to use toll projects without payment of a toll or fare. This section describes the policies implementing §362.901. (b) General. Except as provided in subsection (f) or…

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) Comprehensive development agreement--An agreement as defined in § 27.2 of this …

(a) Purpose. This section prescribes ethical standards of conduct applicable to private entities, including consultants and subconsultants, participating in the department's comprehensive development agreement program. A private entity's failure to comply with these standards of …

(a) Purpose. Transportation Code, § 282.008(c) , provides that, except as provided in Transportation Code, § 282.008(d) , a county toll project becomes a part of the state highway system and the commission shall maintain the project without toll when the project debt is paid. §28…

(a) The department may require specific standards and procedures to be used in maintenance of the project. (b) All structures defined as a bridge by the National Bridge Inspection Standards shall be maintained in compliance with applicable state and federal requirements. The depa…

(a) Responsibility. (1) The requestor is fully responsible for the design and construction of each project it undertakes, including: (A) ensuring that all EPIC are addressed in project design; (B) assessing field changes for potential environmental impacts; and (C) obtaining any …

(a) Executive Director. The executive director will negotiate the terms of agreements deemed necessary to comply with any requirements of preliminary approval, to protect the public's safety, and to prudently provide for the protection of public funds while furthering the purpose…

(a) Preliminary approval. (1) Considerations. Prior to granting preliminary approval of an eligible project, the commission will consider: (A) the transportation need for and anticipated public benefit of the project, including such factors as the project's potential ability to a…

(a) Eligibility. (1) A public or private entity that is authorized by state law to acquire, design, construct, finance, operate, or maintain a toll facility is eligible to submit a request for financial assistance under this subchapter. (2) A private entity is not eligible to sub…

(a) The commission may provide financial assistance under this subchapter for any combination of the following purposes relating to the development, acquisition, construction, maintenance, and operation of a toll facility: (1) development costs; (2) preparation of project plans, …

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) AASHTO--The American Association of State Highway and Transportation Officials. (2) Commission--The Texas Transportation Commission.…

Transportation Code, § 222.103 authorizes the Texas Department of Transportation to participate, by spending funds from any available source, in the cost of the acquisition, construction, maintenance, or operation of a toll facility of a public or private entity, and provides tha…

(a) Applicability. Private entities may submit unsolicited proposals to the department requesting participation in an eligible project. Unsolicited proposals that comply with the requirements of this section shall be processed in accordance with the requirements of this section. …

(a) Request. If requested by a regional tollway authority, and approved as provided in this section, a regional tollway authority may improve a segment of the state highway system. In this section, improvement means construction, reconstruction, and maintenance, and the making of…

(a) Purpose. Transportation Code, § 366.031 authorizes two or more counties to create a regional tollway authority if: one of the counties has a population of not less than 300,000; the counties form a contiguous territory; and each county, acting through its respective commissio…

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) Commissioners Court--A county commissioners court. (3) Department--The Texas De…

(a) To secure approval of a project, an applicant must file an application with the department's executive director or his or her designee who shall serve as department liaison for the project. The application shall be in a form prescribed by the department, and must be accompani…

(a) Studies. Prior to submitting an application to the department for the approval of a project, an applicant shall conduct a feasibility study and a study of the social and environmental impact of the project. (1) Feasibility study. An applicant shall conduct a feasibility study…

The following words and terms, when used in this subchapter head, shall have the following meanings, unless the context clearly indicates otherwise. (1) Applicant--A private entity or corporation, authorized by law to construct a toll project, proposing to construct a project whi…

Transportation Code, Chapter 362, provides that a private entity or corporation may not construct any privately owned toll project which connects to a road, bridge, or highway included in the state highway system unless the project is approved by the Texas Transportation Commissi…

(a) Solicited and unsolicited proposals. The rules in this subchapter address the manner by which the department intends to evaluate submissions received from private entities in response to requests for qualifications and proposals issued by the department, as well as unsolicite…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Affiliate--An entity that directly or indirectly controls, is controlled by, or is under common control with a private entity. (2) C…

The Lower Rio Grande Valley Pest Management Zone shall consist of the following areas: Cameron, Hidalgo, and Willacy Counties. Notes 4 Tex. Admin. Code § 27.804 Adopted by Texas Register, Volume 41, Number 42, October 14, 2016, TexReg 8194 , eff. 10/17/2016

The commission adopts by reference the rules of the Comptroller of Public Accounts in 34 Texas Administrative Code (TAC) §§20.282, 20.284, 20.285, 20.296, and 20.297, relating to the Historically Underutilized Business Program. Notes 16 Tex. Admin. Code § 27.31 The provisions of …

The purpose of this Subchapter is to establish rules for the efficient resolution of contract disputes between contractors and the commission pursuant to the Texas Government Code, Chapter 2260. Notes 16 Tex. Admin. Code § 27.61 The provisions of this §27.61 adopted to be effecti…

(a) This subchapter does not apply to an action of the commission for which a contractor is entitled to a specific remedy pursuant to state or federal constitution or statute. (b) This subchapter does not apply to a contract action proposed or taken by the commission for which a …

The following words and terms, when used in this subchapter, have the following meaning, unless the context clearly indicates otherwise: (1) Chief administrative officer--The executive director of the commission or their designee. (2) Claim--A demand for damages by the contractor…