Texas Administrative Code

(a) The following words and terms, when used in this section, shall have the following meanings, unless the context shall clearly indicate otherwise: (1) Authorized organization--An entity that has entered into a Memorandum of Understanding with the department to administer the k…

Drivers who transport manufactured housing on highways must have the proper commercial driver license (CDL) if the vehicle meets the weight criteria for a commercial motor vehicle (CMV) as defined in 49 CFR § 390.5 . In determining whether the towed unit exceeds 10,000 pounds and…

A person applying for a commercial driver license (CDL) that authorizes operation of a commercial motor vehicle (CMV) in intrastate commerce must meet the same requirements as those for interstate driving (49 CFR § 391.41 ), except for: (1) The applicant must be at least 18 years…

(a) The department must waive the commercial driver license (CDL) knowledge and skill exams required by Texas Transportation Code, § 522.022 , and provide for the issuance of a restricted CDL to an employee of a farm-related service industry (FRSI) in accordance to 49 CFR 383 . T…

(a) A person may be disqualified from driving a commercial motor vehicle (CMV) even if: (1) that person does not hold a commercial driver license (CDL); or (2) that person is domiciled in another state or in a foreign jurisdiction. (b) If a person has been disqualified from drivi…

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 that has submitted an application for a reimbursement award under this subchapter. (2) Broadband serviceable loc…

Administrative hearings for non-resident commercial driver licensees will be scheduled in the county where the non-resident last made application for a Texas driver license, unless the licensee requests an alternative Texas county. The request must be in writing and part of the l…

A person disqualified from driving a commercial motor vehicle will not be subject to suspension of the person's noncommercial driver license or suspension of motor vehicle registrations in the name of such person under the Motor Vehicle Safety Responsibility Act, Texas Transporta…

A reimbursement award must be paid to a grant recipient not later than 30 calendar days after the date the office issues an award under § 16.8 (g) of this subchapter. Notes 34 Tex. Admin. Code § 16.9 Adopted by Texas Register, Volume 47, Number 10, March 11, 2022, TexReg 1294 , e…

(a) The office shall make a determination and provide notice of a reimbursement award or a notice of denial to an applicant not later than 60 calendar days after the date that the office receives a completed application from the applicant. An application will not be considered co…

The office may give preference to applications and make awards decisions based upon the following factors: (1) cost effectiveness and overall impact; (2) geographic location; (3) the latest state or federal broadband data; (4) the number of households or businesses that will be s…

(a) In order to receive payment under this subchapter, an applicant must submit a completed application. (b) An application for funding under this subchapter shall be submitted electronically. The electronic form may require information the comptroller determines is necessary to …

(a) The office shall use one or more methods as necessary to provide notice of the availability of funds for award under this subchapter including publication in the Texas Register or on the Electronic State Business Daily website. The comptroller may make available a copy of the…

All grant funding is contingent upon the availability of funds and upon approval of a grant application by the council. Neither this subsection nor a grant agreement creates any entitlement or right to grant funds by a grant applicant. Notes 34 Tex. Admin. Code § 16.204 Adopted b…

(a) The administration and use of a reimbursement award are subject to: (1) the terms and conditions of the reimbursement award; (2) the requirements of Government Code, Chapter 403, Subchapter S; and (3) any other state or federal law, rule, regulation, or guidance applicable to…

The following words and terms shall have the specified meanings when used in this chapter unless the context clearly requires otherwise. (1) Commission--The Texas Historical Commission. (2) Executive Director--The Executive Director of the Commission. Notes 13 Tex. Admin. Code § …

(a) Philanthropic naming refers to the naming of a property or some component of a property for an individual or civic or charitable group in exchange for financial or other consideration. (b) The term "civic or charitable group" shall mean a nonprofit entity, family or group. Fo…

(a) Commemorative naming refers to the naming of a property or some component of a property for an individual or civic or charitable group in recognition of outstanding achievement, distinctive service, or significant community contribution, generally without financial considerat…

(a) Explanation of process. An effective transportation planning and programming process requires continuous cooperation among many state, local, and federal transportation entities and the integration of numerous requirements imposed by state and federal law. It is a multi-step …

(a) Purpose. Title 23 U.S.C. § 135 , as implemented by 23 C.F.R. Part 450 , requires each state to carry out a continuing, comprehensive, and intermodal statewide transportation planning process that facilitates the efficient, economic movement of people and freight in all areas …

A rural planning organization (RPO) shall make recommendations to the department concerning the prioritization of projects and programs in the department's unified transportation program under § 16.105 of this subchapter (relating to Unified Transportation Program (UTP)) to be de…

(a) General. The department will develop a unified transportation program (UTP) that covers a period of ten years to guide the development and authorize construction and maintenance of transportation projects and projects involving aviation, public transportation, and the state's…

(a) Planning activities. Under 23 C.F.R. Part 450 , an MPO is required to document planning activities in a unified planning work program (UPWP) to indicate who will perform the work, the schedule for completing it, and all products that will be produced. The department is respon…

(a) Criteria. For the purposes of this chapter, a major transportation project is the planning, engineering, right of way acquisition, expansion, improvement, addition, or contract maintenance, other than the routine or contracted routine maintenance, of a bridge, highway, toll r…

(a) Development. The department, in collaboration with local transportation entities, will develop mutually acceptable assumptions for the purposes of long-range federal and state funding forecasts that are consistent with the project selection criteria prescribed under § 16.105 …

(a) Planning cash flow forecast. On or before September 1 of each year, the department's chief financial officer will issue a planning cash flow forecast for each source of funding that covers a period of not less than the 20 years following the date the forecast is issued and is…

(a) Highway program funding categories. The ten-year unified transportation program (UTP) described in § 16.105 of this chapter (relating to Unified Transportation Program (UTP)) will contain the following 12 program funding categories for highway related projects: (1) Category 1…

(a) Formula allocations. The commission will, subject to the mandates of state and federal law, allocate funds from program funding Categories 1, 2, 4, 5, 7, 9, and 11, as described in § 16.153 of this subchapter (relating to Funding Categories), to the districts and metropolitan…

Revenue to which Transportation Code, Chapter 228 applies is allocated in accordance with that chapter and is not considered revenue to be allocated by a formula under § 16.154 of this subchapter (relating to Transportation Allocation Funding Formulas). Notes 43 Tex. Admin. Code …

(a) General. Pursuant to 23 U.S.C. § 134 and 49 U.S.C. § 5303 , as implemented by 23 C.F.R. Part 450 , the metropolitan planning organization (MPO), in cooperation with the department and with public transportation operators as defined by 23 C.F.R. Part 450 , shall be responsible…

(a) General. The department will establish project, performance, and funding reporting systems that make available in a central location on the department's website information regarding the: (1) delivery of individual transportation projects as provided in § 16.202 of this subch…

(a) Project Portfolio. The department will develop a portfolio of projects for tracking the delivery of each transportation project in a district, including grouped rehabilitation and preventive maintenance projects, that is being developed or under construction and identified in…

(a) System performance. The department will develop a set of performance measures for evaluating the effectiveness of its expenditures on the statewide transportation system in achieving the transportation goals identified by the statewide long-range transportation plan under § 1…

(a) Account information system. The department will develop an account information reporting system for tracking money deposited to the credit of each separate account and subaccount of the state highway fund, including subaccounts for toll projects required under Transportation …

To the extent practicable and to avoid duplication of reporting requirements, the department may combine the reports required under this subchapter. Notes 43 Tex. Admin. Code § 16.205 The provisions of this §16.205 adopted to be effective January 1, 2011, 35 TexReg 8388

(a) Applicability. The provisions of this chapter apply to the department, all metropolitan planning organizations serving urbanized areas as defined by the U.S. Bureau of the Census with populations of at least 50,000, as well as rural planning organizations and appropriate fede…

(a) To be granted a use determination a person shall submit to the executive director: (1) a completed and signed commission application form and one copy of the completed, signed form; and (2) the appropriate fee, under § 17.20 of this title (relating to Application Fees). (b) A…

Following submission of the information required by § 17.10 of this title (relating to Application for Use Determination), the executive director shall determine whether the pollution control property is used wholly or partly for the control of air, water, and/or land pollution. …

(a) For the property listed in the Tier I Table located in this subsection that is used wholly for pollution control purposes, a Tier I application is required. A Tier I application must not include any property that is not listed in this subsection or that is used for pollution …

(a) A Tier III application requesting a partial determination must be submitted for all property that is either not used as described on the Tier I Table located in § 17.14(a) of this title (relating to Tier I Pollution Control Property), or does not fully satisfy the requirement…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Unless specifically defined in the Texas Clean Air Act (TCAA), the Texas Solid Waste Disposal Act (TSWDA), the Texas Water Code (TWC), the Texas Tax Code (TTC), or the Texas Health and Safety Code (THSC), or in the rules of the commission, the terms used by the commission have th…

(a) Fees shall be remitted with each application for a use determination as required in paragraphs (1) - (3) of this subsection. (1) Tier I Application--A $150 fee shall be charged for applications for property that is located in the Tier I Table located in § 17.14(a) of this tit…

(a) Applicability. (1) This subchapter applies to all appeals of use determinations issued by the executive director. A proceeding based upon an appeal filed under this subchapter is not a contested case for purposes of Texas Government Code, Chapter 2001. (2) The following perso…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…