PART 1. TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 27. TOLL PROJECTS
SUBCHAPTER G. OPERATION OF DEPARTMENT TOLL PROJECTS
The Texas Department of Transportation (department) adopts amendments to §§27.80 - 27.82 and the repeal of §27.86, all concerning Operation of Department Toll Projects. The amendments to §§27.80 - 27.82 and the repeal of §27.86 are adopted without changes to the text as published in the June 7, 2024, issue of the Texas Register (49 TexReg 4028) and will not be republished.
EXPLANATION OF PROPOSED AMENDMENTS AND REPEAL
The primary purpose of this rulemaking is to provide contracting flexibility for the department with respect to the operation of its toll projects. In addition, the rulemaking corrects outdated terminology and eliminates unnecessary provisions.
Amendments to §27.80, Definitions, add the defined term "Toll Project Entity" to mean an entity authorized by law to acquire, design, construct, finance, operate, and maintain a toll project, including a regional tollway authority under Transportation Code, Chapter 366, a regional mobility authority under Transportation Code, Chapter 370, or a county under Transportation Code, Chapter 284.
Amendments to §27.81, Free Use of Turnpike Project By Military Vehicle, replace the term "turnpike" with the term "toll" for consistency with current statutory provisions. The amendments also add new subsection (g), which provides that if the department enters into an agreement with a toll project entity to operate a toll project, the use of the project by military vehicles may be governed by the rules and policies of the toll project entity in lieu of the requirements of the section, with exception of subsection (f).
Amendments to §27.82, Toll Operations, update the heading of subsection (f) to distinguish that subsection from new subsection (i). New subsection (i) provides that if the department enters into an agreement with a toll project entity to operate a toll project, the operation of the project may be governed by the rules and policies of the toll project entity in lieu of the requirements of the section, with the exception of subsections (d) and (g).
Repeal of §27.86, Veteran Discount Program, eliminates the stated requirements for an electronic toll collection customer to participate in the veteran discount program established pursuant Texas Transportation Code, §372.053. This rule was never implemented due to system limitations and the department has subsequently determined that the provisions are unnecessary.
COMMENTS
No comments to the proposed repeal and 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, and more specifically, Transportation Code, §228.007, which authorizes the department to enter into an agreement with a toll project entity to design, construct, operate, or maintain a toll lane on a state highway and to charge a toll for the use of one or more lanes of a state highway facility, Transportation Code, §228.059, which authorizes a toll collected for the use of a toll lane on a state highway pursuant to an agreement for tolling services with a toll project entity to be governed by the fee and fine structure of the entity issuing the initial toll invoice, Transportation Code, §362.901, which requires the commission to adopt rules relating to the free use of department toll projects by military vehicles, and Transportation Code, §372.053, which authorizes a toll project entity to establish a veterans discount program.
CROSS REFERENCE TO STATUTES IMPLEMENTED BY THIS RULEMAKING
Transportation Code, §228.007, §228.059, §362.901, and §372.053.
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 August 22, 2024.
TRD-202403888
Becky Blewett
Deputy General Counsel
Texas Department of Transportation
Effective date: September 11, 2024
Proposal publication date: June 7, 2024
For further information, please call: (512) 463-8630
STATUTORY AUTHORITY
The repeal is 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, and more specifically, Transportation Code, §228.007, which authorizes the department to enter into an agreement with a toll project entity to design, construct, operate, or maintain a toll lane on a state highway and to charge a toll for the use of one or more lanes of a state highway facility, Transportation Code, §228.059, which authorizes a toll collected for the use of a toll lane on a state highway pursuant to an agreement for tolling services with a toll project entity to be governed by the fee and fine structure of the entity issuing the initial toll invoice, Transportation Code, §362.901, which requires the commission to adopt rules relating to the free use of department toll projects by military vehicles, and Transportation Code, §372.053, which authorizes a toll project entity to establish a veterans discount program.
CROSS REFERENCE TO STATUTES IMPLEMENTED BY THIS RULEMAKING
Transportation Code, §228.007, §228.059, §362.901, and §372.053.
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 August 22, 2024.
TRD-202403889
Becky Blewett
Deputy General Counsel
Texas Department of Transportation
Effective date: September 11, 2024
Proposal publication date: June 7, 2024
For further information, please call: (512) 463-8630
SUBCHAPTER H. HIDALGO COUNTY REGIONAL MOBILITY AUTHORITY PERMITS
The Texas Department of Transportation (department) adopts the amendments to §28.102 concerning Authority's Powers and Duties. The amendments to §28.102 are adopted without changes to the proposed text as published in the June 7, 2024, issue of the Texas Register (49 TexReg 4031) and will not be republished.
EXPLANATION OF ADOPTED AMENDMENTS
These amendments grant the Hidalgo County Regional Mobility Authority (HCRMA) additional authority to issue permits for the operation of oversize/overweight vehicles on a designated roadway segment within Hidalgo County and clarify the limits of that authority. Transportation Code, §623.363(a)(2), authorizes the Texas Transportation Commission (commission) to designate additional routes for which HCRMA may issue oversize and overweight permits. The statute requires that the commission consult with HCRMA prior to the designation. The department worked with HCRMA to identify the additional route that would benefit the HCRMA permitting process.
Amendments to §28.102, Authority's Powers and Duties, clarify that the purpose of the rule is to authorize the issuance of permits by the HCRMA for roads listed under Transportation Code, §623.363, and those routes identified and designated by the commission. The amendments add an additional route designated by the commission for which HCRMA is authorized to issue permits for the operation of oversize/overweight vehicles. The added route is: the segment of W. Doffing Road from the intersection with Doffin Canal Road/S. Veterans Blvd (Spur 29) to 0.8 miles east of that intersection, which segment is not on the state highway system. This addition expands HCRMA's permitting authority for the operation of the roadways within its jurisdiction and allows HCRMA to provide more complete service to the motor carriers using the permits within Hidalgo County.
These amendments also require, prior to issuing any oversize/overweight permits on the newly added off-system roadway, HCRMA must demonstrate to the department's satisfaction that the roadway has sufficient structure to safely sustain the overweight loads. The amendments also dictate that it is the responsibility of HCRMA to maintain the off-system road and that the maintenance contract required between the department and HCRMA will provide for the allocation of permit fees between the department and HCRMA. Finally, the amendments dictate that HCRMA may not issue permits that authorize travel on this off-system segment of roadway after September 30, 2025.
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, and more specifically, Transportation Code, §623.369 authorizing the commission to adopt rules necessary to implement Subchapter S, Regional Mobility Authority Permits.
CROSS REFERENCE TO STATUTES IMPLEMENTED BY THIS RULEMAKING
Transportation Code, Chapter 623, Subchapter S.
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 August 22, 2024.
TRD-202403891
Becky Blewett
Deputy General Counsel
Texas Department of Transportation
Effective date: September 11, 2024
Proposal publication date: June 7, 2024
For further information, please call: (512) 463-8630