Texas Administrative Code

(a) To apply for a license under this subchapter, a person must file an application in a form prescribed by the department. The application must include at a minimum: (1) the complete legal name, mailing address, and telephone number of the applicant; and (2) designation of each …

(a) The department will issue a license if the requirements of § 21.144 of this chapter (relating to License Application), or if the requirements of § 21.449 of this subchapter (relating to License Application), are satisfied. (b) To amend a license, the license holder must file …

A license issued under this subchapter is not transferable. Notes 43 Tex. Admin. Code § 21.451 The provisions of this §21.451 adopted to be effective April 19, 2012, 37 TexReg 2687

(a) To renew a license, the license holder must submit through the department's website, www.txdot.gov , not later than November 1 of the year for which the license renewal fee is due: (1) an electronic application; (2) the applicable renewal fee prescribed by § 21.453 of this su…

(a) The amount of the fee for a license application under this subchapter is $125. (b) The amount of the annual license renewal fee for a calendar year is equal to: (1) $75; plus (2) the amount computed by multiplying $75 by the total number of eligible permits held under the lic…

If the department is notified by a surety company that a bond is being canceled, the department will notify the license holder by certified mail that a new bond must be obtained and filed with the department before the bond cancellation date or the 30th day after the day of the r…

(a) Use and occupancy agreement forms, other than joint use agreements, are to be used: (1) for new utility installation after highway construction is completed; (2) for new utility installation placed before or during highway construction except where the utility has a compensab…

When, due to a highway construction project, a utility is required to relocate its facility from property in which it owns a property interest, the department will acquire the utility's abandoned property interest within the new highway right of way. Notes 43 Tex. Admin. Code § 2…

All English units of measurement referenced in §§ 21.31 - 21.55 of this title (relating to Utility Accommodations) may be converted to metric equivalents as shown in Appendix A. Attached Graphic Notes 43 Tex. Admin. Code § 21.56 The provisions of this §21.56 adopted to be effecti…

(a) A temporary saltwater pipeline may be installed on highway right of way pursuant to a lease from the department. Before a temporary saltwater pipeline may be installed, the installation must be approved by the department. (b) The outer diameter of a pipe used for a temporary …

(a) Whenever title policies cannot be obtained in the normal procedure, the determination of ownership and title defects, if any, are made through the use of abstract plant facilities under contract to the state. The contract may be by the hour or by the parcel depending on depar…

The Texas Department of Transportation may lease any highway asset not currently needed for highway purposes. This subchapter, which sets forth the leasing requirements and procedures, applies only to leasing and not to other permissive use of highway assets. Notes 43 Tex. Admin.…

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) Director--The director o…

(a) The commission may authorize the lease of a highway asset if it finds that: (1) the interest to be leased will not be needed for highway purposes during the period of the lease; (2) the lease is for a purpose that is not inconsistent with the applicable highway use; and (3) t…

(a) The department may, in its sole discretion, award a lease by any method it determines to be in its best interest. (b) Prior to the date of the lease award, notice of real property available for lease may be published on the TxDOT website. When a lease is awarded on a sealed b…

A lease for highway assets shall be in written form approved by the director and shall include: (1) information necessary to contact the party responsible for developing and operating the leased asset; (2) the amount of the rent, any required deposits, the term of the lease, and …

(a) All matters relating to the leasing of federal-aid highway right of way are subject to the approval of the Federal Highway Administration. (b) The use of leased right of way beneath the established gradeline of a highway shall provide sufficient vertical and horizontal cleara…

(a) A person desiring to lease a highway asset shall submit a written request through the department's website. Each request shall include: (1) the name and address of the person requesting the lease; (2) a description of the area or interest of the asset to be leased, improvemen…

If accepted by the department in accordance with Chapter 1, Subchapter G, of this title (relating to Donations), a person whose real property is being acquired by the department for a highway project may make a gift or donation of the property, or any part of the property. The de…

(a) This subchapter implements the Texas Aggregate Quarry and Pit Safety Act, Natural Resources Code, Chapter 133. (b) This subchapter applies to all active, inactive, or abandoned quarries and pits located in whole or part within the boundaries of Texas. Notes 43 Tex. Admin. Cod…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Abandoned--Having relinquished all right, title, claim, and possession with the intent of never again claiming a future right or tit…

(a) Forms for the application for a safety certificate, transfer of a safety certificate, safety certificate waiver, and for the notice of cessation of operations are available at the offices of the department or by accessing the Texas Department of Transportation web site at www…

Each application for a safety certificate or transfer of a safety certificate and each notice of cessation of operations shall be accompanied by check or money order made payable to the State of Texas for the application fee. The fee schedule is as follows: (1) safety certificate…

(a) Each report must be on the forms furnished by the department and must show the location, age, operational status, and current use of the quarry or pit to which the report applies. (b) Only a single report under this subchapter is required when joint owners or operators or a c…

(a) A responsible party for an active pit in hazardous proximity to a public road must construct a barrier or other device between the public road adjoining the site and the pit. (b) A responsible party for an abandoned or inactive pit which is both in hazardous proximity to a pu…

(a) A barrier required under § 21.706 of this subchapter must be determined by the department to be sufficient to prevent the normal passage of vehicular traffic from entering the site of the pit. (b) The design of the barrier must be approved by the department to insure proper p…

(a) No responsible party may open a new pit on a site for the extraction of aggregates if the pit perimeter will be less than 25 feet from the outer right of way line of any public road or highway ("the setback distance"). (b) No responsible party may open a new pit on a site for…

The quarry safety plan required to be filed for new pits in hazardous proximity to a public road opened from and after November 1, 1991, must: (1) detail how the applicant intends to comply with the safety provisions of this subchapter in opening and closing the pit; (2) contain …

After the acquisition of real property and to the extent deemed fair and reasonable by the department, an owner may be reimbursed for expenses necessarily incurred for the following: (1) recording fees, transfer taxes, and similar expenses incidental to conveying such real proper…

(a) Within 15 days of the time in which construction of barriers described in an approved application is required to be completed, the department may inspect those barriers to determine whether they meet the requirements. (b) If, after inspection, the department determines that t…

(a) A responsible party holding a safety certificate has the full right, power, and authority to transfer the certificate upon the sale, lease, or other transfer of title to the site, provided the new owner, operator, lessor or lessee, or party in interest files with the director…

(a) Unless a proper transfer affidavit is filed under this chapter, or an application for an amended certificate as required by subsection (b) of this section is pending, an existing safety certificate expires on the 90th day after the day on which a sale, lease, or other transfe…

(a) At least 60 days prior to cessation of operations, the responsible party who plans or intends to cease active operations in a quarry or pit shall notify the department of its intent, submit any additional plans the operator determines necessary to protect the public good and …

(a) Within its jurisdiction, the department shall have a right of entry to, upon, and through any aggregate quarry or pit without advance notice or search warrant, upon presentation of appropriate credentials. (b) The operator shall maintain a copy of the safety certificate for e…

(a) The term rail facility, when used in this subchapter, shall have the definition as set forth in Transportation Code, § 91.001 . Except as otherwise provided herein, the department will comply with policies and procedures prescribed in 43 TAC Chapter 21, Subchapters A (relatin…

(a) Except as otherwise provided herein, the department will comply with policies and procedures prescribed in 43 TAC Chapter 21, Subchapter F of this title (relating to Disposal of Real Estate Interests) in the sale, conveyance or other disposition of any rights or other interes…

Based on a detailed study of current operations of land use, the department shall determine the necessity, location, and design of all passes and cattle guards. The use of a pass across the right-of-way may be by permit, contractual agreement, or retention of pass rights in the c…

When whole properties are acquired for highway right-of-way purposes, payment is to be made of all delinquent taxes using funds withheld from the compensation due the owner. When partial takings are acquired, the department will cooperate with taxing agencies in the payment of al…

This subchapter prescribes the accommodation, location, method of installation, adjustments, removal, relocation, and maintenance of utility facilities within state railroad right of way. It was developed in the interest of safety, protection, utilization, and future development …

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) AREMA--American Railroad Engineering and Maintenance of Way Association. (2) ANSI--American National Standards Institute. (3) Backfi…

For railroads under department jurisdiction, the provisions of this subchapter apply to: (1) new utility installations, including replacement of an existing facility with the same facility or a facility of a different type or design; (2) additions to existing utility installation…

(a) Plans. (1) The design of all utility installations will be the responsibility of the utility. (2) The plans for the proposed installation shall be submitted to and meet the approval of the department before construction is initiated. (3) Plans shall be drawn to scale showing …

(a) General. (1) The annual prepayment amount for each year of the initial three-year period and all subsequent three-year periods of a master agreement will be equal to 75 percent of the averaged annual relocation/adjustment costs incurred or paid for the relocation of utility f…

A directional sign is a sign that contains only a message that identifies an attraction or activity that meets the requirements of this section and provides directional information, such as mileage, route number, or exit number, useful to the traveler in locating the attraction o…

(a) Before a person may erect a directional sign, the person must obtain the approval of the department. A license or permit issued under Subchapter I or Subchapter K of this chapter (relating to Regulation of Signs along Interstate and Primary Highways and Control of Signs along…

(a) To be eligible for a directional sign, a privately owned activity or attraction must be of national or regional interest to the traveling public and must be: (1) a natural phenomenon; (2) a scenic attraction; (3) an historic, educational, cultural, scientific, or religious si…

A sign, including its border and trim but excluding its supports, may not exceed: (1) an area of 150 square feet; (2) a height of 20 feet; or (3) a length of 20 feet. Notes 43 Tex. Admin. Code § 21.944 The provisions of this §21.944 adopted to be effective July 1, 2011, 36 TexReg…