PART 1. TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 2. ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS
The Texas Department of Transportation (department) adopts the repeal of §2.132 concerning Gulf Intracoastal Waterway Projects and new §§2.351 - 2.364 concerning Gulf Intracoastal Waterway Projects. The repeal of §2.132 and new §§2.351 - 2.364 are adopted without changes to the proposed text as published in the November 10, 2023, issue of the Texas Register (48 TexReg 6574) and will not be republished.
EXPLANATION OF ADOPTED AMENDMENTS
The purpose of this rulemaking is to reorganize and clarify the rules of the Texas Transportation Commission (commission) concerning the requirements for state participation in dredge disposal plans and projects for the beneficial use of dredged materials related to the Gulf Intracoastal Waterway. The rulemaking also removes references in the rules to the Gulf Intracoastal Waterway Advisory Committee, which has been abolished.
Section 2.132, Gulf Intracoastal Waterway Projects, is repealed and the substance of that section is revised and moved to new Subchapter J of Chapter 2, which consists of new §§2.351 - 2.364.
New §2.351, Definitions, provides the defined terms used in Subchapter J.
New §2.352, Maintenance and Sponsorship of GIWW, is derived from §2.132(b) and clarifies that the State of Texas is the non-federal sponsor of the GIWW and the commission serves as the state's designee.
New §2.353, Disposal Plans, is a non-substantive revision of §2.132(c)(1) and (2).
New §2.354, State Participation in Beneficial Use Project, is a non-substantive revision of §2.132(c)(3).
New §2.355, Interagency Coordination, is derived from §2.132(a)(2) and (c)(4). The section clarifies that the U.S. Army Corps of Engineers is responsible for overseeing and initiating coordination of projects for the beneficial use of dredged material.
New §2.356, Investigation of Proposed Disposal Plan or Beneficial Use Project, is derived from §2.132(c)(5). The section recognizes that investigations will be led by the interagency coordination team rather than the department and that membership of interagency coordination team is determined by the U.S. Army Corps of Engineers.
New §2.357, Preparation of Environmental Review Document and Public Participation, is a non-substantive revision of §2.132(d).
New §2.358, Notification of and Assistance to Property Owners, is a non-substantive revision of §2.132(f)(1)(A) - (C). The new section clarifies that the department gives notification and assistance to the owners of real property that is being acquired for a dredged material placement area and if requested, meets with other affected real property owners.
New §2.359, Public Meeting, is a non-substantive revision of §2.132(f)(1)(D) and (2). The new section clarifies that the department may hold one or more public meetings on a proposed dredged material placement area and clarifies where notice of all meetings held under the section must be published.
New §2.360, Procedures for State Acquisition of Real Property, is a non-substantive revision of §2.132(e)(1). The new section clarifies that the procedures provided by the section apply to a proposal to use the real property as a dredged material placement area. It also clarifies where notice of a plan, proposal, or project to which the section applies must be published.
New §2.361, Commission approval, is derived from §2.132(a)(5) and (e)(2). The new section replaces the requirement that a beneficial use project demonstrate "substantial" local support with a requirement that the project demonstrate local support evidenced by an official document from the governing body with jurisdiction over the project. The definition of "jurisdiction" is deleted, and its substance is integrated into the section to clarify the way in which local support is to be shown. The new section does not include the limitation of current §2.132(e)(2)(B)(vi)(I) and (II), which prohibits the department from contributing more than 50 percent of the difference between the federal share and the cost of a beneficial use project, because such a limitation is unnecessarily restrictive. The new section expressly provides that it applies to a proposal to use the real property as a dredged material placement area.
New §2.362, Agreement to Participate in Beneficial Use Project, is a non-substantive revision of §2.132(e)(3).
New §2.363, Participation in Existing Beneficial Use Project, provides the procedure for state participation in an existing beneficial use project. There is no corresponding provision in §2.132.
New §2.364, Prohibition on Use of Funds, is a non-substantive revision of §2.132(e)(2)(B)(vi)(III).
COMMENTS
No comments on the proposed repeal and new sections were received.
SUBCHAPTER F. REQUIREMENTS FOR SPECIFIC TYPES OF PROJECTS AND PROGRAMS
STATUTORY AUTHORITY
The repeal is adopted under Transportation Code, §201.101, which provides the commission with the authority to establish rules for the conduct of the work of the department, and, more specifically, Transportation Code, §51.009, which requires the commission to establish eligibility criteria for a project to beneficially use dredge material.
CROSS REFERENCE TO STATUTES IMPLEMENTED BY THIS RULEMAKING
Transportation Code, Chapter 51.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 22, 2024.
TRD-202400788
Becky Blewett
Deputy General Counsel
Texas Department of Transportation
Effective date: March 13, 2024
Proposal publication date: November 10, 2023
For further information, please call: (512) 463-3164
STATUTORY AUTHORITY
The new sections are adopted under Transportation Code, §201.101, which provides the commission with the authority to establish rules for the conduct of the work of the department, and, more specifically, Transportation Code, §51.009, which requires the commission to establish eligibility criteria for a project to beneficially use dredge material.
CROSS REFERENCE TO STATUTES IMPLEMENTED BY THIS RULEMAKING
Transportation Code, Chapter 51.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 22, 2024.
TRD-202400789
Becky Blewett
Deputy General Counsel
Texas Department of Transportation
Effective date: March 13, 2024
Proposal publication date: November 10, 2023
For further information, please call: (512) 463-3164
SUBCHAPTER B. JOB APPLICATION PROCEDURES
The Texas Department of Transportation (department) adopts amendments to §4.10 and §4.15, concerning to Job Application Procedures. The amendments to §4.10 and §4.15 are adopted without changes to the proposed text as published in the December 1, 2023, issue of the Texas Register (48 TexReg 7037) and will not be republished.
EXPLANATION OF ADOPTED AMENDMENTS
The purpose of the amendments is to align the rules with changes made by Senate Bill No. 1376, Acts of the 88th Legislature, Regular Session, 2023, relating to employment preferences for members of the military and their spouses. S.B. 1376 amended Government Code, Chapter 657, by expanding the state's employment preference for veterans to the spouse of a member of the United States armed forces or Texas National Guard serving on active duty as well as the spouse of a veteran if the spouse is the primary source of income for the household and the veteran has a total disability rating based either on having a service-connected disability with a disability rating of at least 70 percent or on individual unemployability. The bill grants the spouse priority in the order of preference after a veteran, with or without a disability, but before a qualifying surviving spouse or qualifying orphan of a veteran. The bill also replaces references to veteran's employment preference with references to a military employment preference and includes military members and their dependents.
Amendment to §4.10, Purpose, replaces the reference to employment preference for veterans with employment preference for military related service to align with the new terminology that was added by Senate Bill 1376, Acts of the 87th Legislature, Regular Session, 2023.
Amendment to §4.15, Preferences, updates the heading of Government Code, Chapter 657.
COMMENTS
No comments on the proposed amendments were received.
STATUTORY AUTHORITY
The amendments are adopted under Transportation Code, §201.101, which provides the Texas Transportation Commission (commission) with the authority to establish rules for the conduct of the work of the department.
CROSS REFERENCE TO STATUTES IMPLEMENTED BY THIS RULEMAKING
Government Code, Chapter 657.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 22, 2024.
TRD-202400787
Becky Blewett
Deputy General Counsel
Texas Department of Transportation
Effective date: March 13, 2024
Proposal publication date: December 1, 2023
For further information, please call: (512) 463-3164