Texas Register, Volume 20, Number 18, Pages 1591-1715, March 7, 1995 Page: 1,636
1591-1715 p. ; 28 cm.View a full description of this periodical.
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portion of his or her time to another speaker.
A person who disrupts a public hearing must
leave the hearing room if ordered to do so by
the presiding officer. Persons with disabilities
who plan to attend this meeting and who may
need auxiliary aids or services such as inter-
preters for persons who are deaf or hearing
impaired, readers, large print or braille, are
requested to contact Eloise Lundgren, Direc-
tor of the Public Information Office, at 125
East 11th Street, Austin, Texas 78701-2383,
(512) 463-8588 at least two work days prior
to the meeting so that appropriate arrange-
ments can be made
Wrtten comments on the proposal may be
submitted to Robert L Wilson, Director, De-
sign Division, Texas Department of Transpor-
tation, 125 East 11th Street, Austin, Texas
78701-2483. The deadline for receipt of com-
ments will be 5:00 p m. on April 7, 1995.
The repeal is proposed under Texas Civil
Statutes, Article 6666, which provide the
Texas Transportation Commission with the
authority to establish rules for the conduct of
the work of the Texas Department of Trans-
portation.
The repeal does not affect other statutes,
articles, or codes.
15.3. Federal Aid Urban System.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and
found to be within the agency's authority to
adopt
Issued in Austin, Texas, on March 1, 1995.
TRD-9502566 Diane L Northam
Legal Executive Assistant
Texas Department of
TransportationEarliest possible
1995date of adoption: April 7,
For further information, please call (512)
463-8630
Federal, State, and Local Par-
ticipation
* 43 TAC 15.50-15.54, 15.60
The Texas Department of Transportation pro-
poses new 15.50-15.54, concerning fede-
ral, state and local participation and 15 60,
concerning state park roads. The new sec-
tions replace the existing 7 31, concerning
drainage channels, 11.41, concerning re-
sponsibilities of local governmental units in
construction, 11.71, concerning control of
Access on freeway mainlanes, 15.3, con-
cerning federal aid urban system, and
19.1, 19.11, 1921, and 19.31, concerning
secondary roads which are simultaneously
being proposed for repeal. These new sec-
tions are necessary to update the applicable
rules to carry out the provisions of state and
federal laws and regulations pertaining to
funding of construction projects, to define and
establish participation ratios of governmental
units in the development of construction pro-
jects to be used as the basis of agreement
between the department and the local unit of
government to increase the department's as-
sistance to the local unit of government in the
development of certain projects by increasingstate participation in. procurement of right of
way on existing farm to market roads to expe-
dite the accomplishment of needed safety
improvements and make consistent participa-
tion with that of other state road systems for
right of way; reconstruction and restoration of
urban streets; and engineering and construc-
tion costs associated with upgrading bridge
structures off the state highway system for
needed safety improvements and to upgrade
to current design standards
New 15.50 describes federal, state and local
financing arrangements to provide for the
construction, maintenance, and operation of
the transportation system. New 15.51
furnishes definitions New 15.52 defines the
responsibilities of local governments for pre-
liminary engineering and construction engi-
neering expenses associated with the
development of construction projects;
establishes the amount of the state, local and
federal participation in preliminary and con-
struction engineering expenses; and specifies
the requirement of an agreement between the
department and the local unit of government
when the local unit of government is respon-
sible for providing funds for a proposed pro-
ject.
New 15 53 describes the conditions under
which state, federal, and local financing of
transportation project construction costs are
to be shared in a construction project and
establishes the amount of the state, local and
federal participation in construction expenses;
specifies that the local unit of government
shall be responsible for the total cost of non-
federal-aid eligible construction in federal-aid
contracts off the state highway system;
specifies the requirement of an agreement
with the local unit of government outlining
construction responsibilities; establishes the
cnteria for the department to provide for side-
walk construction on the designated state
highway system, establishes the criteria for
construction of frontage roads and the con-
struction costs responsibilities; and describes
the responsibilities of the department and lo-
cal unit of government in the construction of a
drainage system within the state highway
right-of-way and their respective costs re-
sponsibilities.
New 15.54 specifies the federal, state and
local cost participation ratios for the various
types of projects on the state highway system
in the form of a chart which includes in-
creased state participation with local units of
government in right of way procurement for
certain projects on the existing farm to market
road system with the state bearing 90% of
costs, original state participation with local
units of government for certain reconstruction
and restoration projects on urban streets with
the state bearing 100% of the project engi-
neering and construction cost, and enhanced
state participation with local units of govern-
ment in the upgrading of bridge structures off
the state highway system with 10% state
funds or one-half of the local units of govern-
ments current participation in engineering and
construction costs
New 15 60 defines park roads on the state
designated system and establishes crtena for
development of new park roads on the state
designated system; and describes the re-
sponsibilities of the Department for design,construction and maintenance of public roads
within a state park.
Robert L. Wilson, director of the design divi-
sion, has determined that there will be fiscal
implications as a result of enforcing or admin-
istering the sections. The effect on state gov-
ernment for the first five-year period the
sections will be in effect is an estimated addi-
tional cost of $24 million dollars per year for
procurement of right of way, reconstruction
and restoration of urban streets, and upgrad-
ing bridge structures. The effect on local gov-
ernment for the first five-year period the
sections will be in effect is an estimated re-
duction in cost of 4.3 million per year for
procurement of right of way and upgrading
bridge structures.
Mr. Wilson has certified that there will be no
significant impact on local economies or over-
all employment as a result of enforcing or
administering the new sections.
Mr. Wilson also has determined that for each
year of the first five years the sections are in
effect, the public benefits anticipated as a
result of enforcing the new sections will be a
more expeditious development of mutually
beneficial and priority projects by maximizing
the available local and state funds. There will
be no effect on small businesses. There is no
anticipated economic cost to persons who are
required to comply with the new sections as
proposed.
Pursuant to the Administrative Procedure Act,
the Government Code, Chapter 2001, the
Texas Department of Transportation will con-
duct a public hearing to receive comments
concerning the proposed new sections. The
public hearing will be held at 1:30 p.m. on
March 22, 1995, in Room 101, Building 200,
200 East Riverside Drive, Austin, Texas, and
will be conducted in accordance with the pro-
cedures specified in 43 TAC 1.5. Those
desiring to make comments or presentations
may register starting at 1:00 p.m. Any inter-
ested person may appear and offer com-
ments, either orally or in writing, however,
questioning of those making presentations
will be reserved exclusively to the presiding
officer as may be necessary to ensure a
complete record. While any person with perti-
nent comments will be granted an opportunity
to present them during the course of the
hearing, the presiding officer reserves the
right to restrict testimony in terms of time and
repetitive content. Organizations, associa-
tions, or groups are encouraged to present
their commonly held views and identical or
similar comments through a representative
member where possible. Comments on the
proposed text should include appropriate cita-
tions to sections, subsections, paragraphs,
etc, for proper reference Any suggestions or
request for alternative language or other revi-
sions in the proposed text should be submit-
ted in written form. Presentations must
remain pertinent to the issue being dis-
cussed. A person may not assign a portion of
his or her time to another speaker. A person
who disrupts a public hearing must leave the
hearing room if ordered to do so by the pre-
siding officer. Persons with disabilities who
plan to attend this meeting and who may
need auxiliary aids or services such as inter-
preters for persons who are deaf or hearing
impaired, readers, large print or braille, are20 TexReg 1636 March 7, 1995 Texas Register
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Texas. Secretary of State. Texas Register, Volume 20, Number 18, Pages 1591-1715, March 7, 1995, periodical, March 7, 1995; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth176752/m1/46/: accessed May 13, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.