Texas Administrative Code

(a) The rule review process established in Subchapter C, Chapter 57 of the Texas Occupations Code, and implemented by this subchapter, applies only to the following state agencies: (1) the Texas State Board of Public Accountancy; (2) the Texas State Board of Acupuncture Examiners…

In this subchapter: (1) "Administrative records regarding a proposed rule" means any nonprivileged and nonconfidential documents, communications, or other information created, received, or consulted by a state agency that are material to the development of the proposed rule. The …

In computing a period of days in this subchapter, if the last day of any period is a Saturday, Sunday, or a national or state holiday included in Section 662.003(a) or (b) of the Texas Government Code, the period is extended to include the next day that is not a Saturday, Sunday,…

(a) A state agency must submit to the division, before final adoption or implementation, any proposed rule that has been published in the Texas Register, including a new rule, a rule change, a rule repeal, or a rule readoption, if: (1) the state agency determines that the propose…

Not later than the 10th business day after the date that the division receives a proposed rule submission from a state agency, the division shall: (1) make available to the public on the division's website the rule submission memorandum submitted by the state agency; (2) provide …

(a) While a proposed rule is being reviewed by the division, the state agency must provide to the division: (1) copies of any administrative records regarding the proposed rule created, received, or consulted by the state agency after submission of the proposed rule to the divisi…

(a) The division shall conduct a thorough, independent review of each proposed rule submitted to the division under § 5.204 of this subchapter to determine: (1) if the effect of the proposed rule on market competition is consistent with state policy as established by the state ag…

(a) In conducting a review of a proposed rule, the division shall solicit and consider written public comments from identified persons submitted to the division before the deadline provided on the division's website. (b) Except as provided in subsection (c) of this section, the d…

(a) Not later than the 90th day after the postmark date of a state agency's mailed proposed rule submission or the date on which the division receives a state agency's hand delivered or emailed proposed rule submission, the division shall issue a determination letter approving or…

(a) A state agency may finally adopt and implement a proposed rule required to be submitted to the division under § 5.204 of this subchapter only if: (1) the division issues a determination letter approving the proposed rule under § 5.209 of this subchapter; or (2) the division i…

When deciding whether to direct a state agency to submit a proposed rule to the division under § 5.204 (a)(2) of this subchapter, the division may request information from the state agency relating to the proposed rule. Any information provided in response to such a request must …

When conducting a review of a proposed rule under § 5.207 of this subchapter or deciding whether to direct a state agency to submit a proposed rule to the division under § 5.204 (a)(2) of this subchapter, the division may only consider information or communications that are: (1) …

The division shall maintain a website on which the division makes available to the public: (1) the rule submission memorandum for each proposed rule that is currently under review by the division; (2) the deadline and instructions for submitting public comments on each proposed r…

To provide guidelines for the governor in designating metropolitan planning organizations (MPO) pursuant to the Department of Transportation operating agency administrators' letter dated November 12, 1973. The guidelines should allow for: (1) maximum local government participatio…

(a) The authority for this designation procedure rests in the Federal-Aid Highway Act of 1973, section 112. Section 112 states in part that: "funds apportioned to any State . . . . be made available by the State to the metropolitan planning organizations designated by the State a…

The following words will apply to the designation process. (1) Signatory members--Local units of government which are signatory members to the urban transportation planning agreements established by the Texas Highway Department pursuant to section 134 of Chapter 1 of Title 23, Un…

(a) The regional council of governments in each state planning region will be designated as the single metropolitan planning organization subject to the following conditions. (1) All signatory members must concur with the governor's designation. (2) The regional council of govern…

(a) The Division of Planning Coordination (DPC) will notify the chairmen of the regional councils of governments of their designation as an MPO subject to the conditions as set forth in section IV. The regional councils will have until May 15, 1974, to accept or reject the MPO de…

(a) The governor's Office of Budget and Planning will represent the governor and provide overall coordination in the designation process pursuant to the Federal-Aid Highway Act of 1973, §112. (b) The governor's Office of Budget and Planning will prepare the notification for desig…

The governor retains the right to designate or redesignate the MPO at any time if, in the governor's opinion, it is necessary to do so. The governor's decision to rescind an MPO's designation shall be administratively final. The governor's Office of Budget and Planning will notif…

(a) The governor's Office of Budget and Planning adopts by reference Public Law 92-500 , and Public Law 95-217 , 33 U.S.C. 1288 , styled Federal Water Pollution Control Act of 1972, hereinafter referred to as "the Act," including all federal rules and regulations currently effect…

(a) The department shall notify any financial advisor or service provider under contract with the department of the requirements of this subchapter. (b) Any contract with a financial advisor or service provider shall contain a provision requiring compliance by the financial advis…

(a) Agreement. A pass-through agreement may provide for a public or private entity to operate a highway or a railway. (b) Responsibility. To the extent provided in the agreement, a public or private entity shall perform or cause to be performed all work required to operate the hi…

(a) Transportation Code, § 222.035 , requires the Texas Department of Transportation to establish and administer a program for private activity bonds issued for highway facilities or surface freight transfer facilities in this state that includes a process by which the department…

(a) Social and environmental impact. (1) General. A public or private entity that is responsible for the construction of a project shall conduct the environmental review and public involvement for the project in the manner prescribed by Chapter 2, Subchapter A of this title (rela…

The following words and terms, when used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise. (1) Board--The Texas Bond Review Board. (2) Commission--The Texas Transportation Commission. (3) Department--The Texas Department of Tran…

(a) Consideration of all applications for private activity bond issuance will be in accordance with applicable federal and state law, and applicable rules and regulations. (b) The federal government shall not be obligated by any act of the commission or department under this subc…

The executive director will designate a contact within the department for the purpose of providing information and assistance to potential applicants. Assistance may include non-binding advice, counsel, and consultation regarding all aspects of a possible application. Any advice,…

An eligible entity shall submit an application to the executive director in a form prescribed by the department. An original application and five copies are to be delivered to the executive director. The application must, at a minimum, include the following information: (1) an ov…

If the commission determines that private activity bond allocations from the US DOT are fully committed or other uncertainties exist that warrant suspension of acceptance of applications, the department will publish a notice in the Texas Register providing that applications will …

(a) Pass-through fares. (1) Amount to be reimbursed. (A) General. The commission shall establish the level of pass-through fares or shall establish parameters within which the department may negotiate the level of pass-through fares. In establishing the level of pass-through fare…

(a) Authorization to negotiate final agreement. The executive director will submit to the commission a summary of the final financial terms of a proposed pass-through agreement. The final financial terms may consist of specific payment terms and schedules or may consist of a rang…

(a) If the commission approves the further evaluation of a proposal of a private entity under § 5.55 of this subchapter, the department will publish notice of that decision and provide an opportunity for the submission of competing proposals. (b) The department will publish a not…

The commission may authorize the executive director to negotiate the financial terms of a potential pass-through agreement under this subchapter or, if the proposer is a private entity, authorize the department to solicit competitive proposals under § 5.56 of this subchapter, aft…

(a) If the commission determines that funds available for use in the pass-through toll program are limited, or other circumstances exist that may impair the ability of entities to equally participate in the program, the commission may periodically limit the periods of time during…

(a) Notification to Texas Bond Review Board. (1) The department will notify the executive director of the Board of all department applications to the US DOT for the issuance of private activity bonds for highway or surface freight transfer facility projects. The notification will…

(a) Proposal requirements. A public or private entity may submit in writing to the department a proposal for a project or a series of projects to be developed under a pass-through agreement. The proposal must include: (1) a description of the project, including the project limits…

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) Department--The Texas Department of Transportation. (3) Department estimate--An…

Transportation Code, § 222.104(b) authorizes the Texas Department of Transportation to enter into an agreement with a public or private entity that provides for the payment of pass-through tolls to the public or private entity as reimbursement for the design, development, financi…

(a) Financial advisors and service providers may not, unless waived in writing by the executive director or designee: (1) have a financial interest in a direct placement investment of state funds; (2) serve as an officer, director, or employee of an entity in which a direct place…

The goals of the Transportation Development Credit Program are: (1) to maximize the use of available federal funds, particularly in situations in which federal funds otherwise would be unused because of the inability to provide the non-federal share; (2) to increase the availabil…

(a) Except as provided in subsection (b) of this section, all fees for department goods and services and any fees required in the administration of any department program may be paid to the department: (1) with a valid credit card issued by a financial institution chartered by a …

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) Department--The Texas Department of Transportation. (3) Goods and services--Any …

Transportation Code, § 201.208 authorizes the commission to adopt rules regarding the method of payment of a fee for any goods sold or services provided by the department, or for the administration of any department program. This subchapter prescribes acceptable payment methods a…

(a) A conflict of interest exists whenever financial advisors and service providers have a personal, private, commercial, or business relationship that could reasonably be expected to diminish their independence of judgment in the performance of their responsibilities for the com…

(a) Financial advisors and service providers must comply with the standards of conduct and conflict of interest provisions of Government Code, Chapter 572 and the provisions of Penal Code, Chapters 36 and 39 that are applicable to a state officer or employee. (b) Financial adviso…

Under 23 U.S.C. § 120 , a state may use certain toll revenue expenditures, known as transportation development credits, as credit toward the non-federal share of certain projects. This subchapter specifies the policies and procedures for the implementation of the Transportation D…