PART 1. TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 15. FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS
SUBCHAPTER O. COUNTY TRANSPORTATION INFRASTRUCTURE FUND GRANT PROGRAM
The Texas Department of Transportation (department) proposes the amendments to §15.188 concerning Application Procedure.
EXPLANATION OF PROPOSED AMENDMENTS
S.B. No. 160, 87th Legislature, Regular Session, 2021, amended Transportation Code, Chapter 256, to remove the requirement that a county must submit the county road condition report as part of the application process for consideration of being awarded a County Transportation Infrastructure Fund Grant.
Amendments to §15.188, Application Procedure, delete subsection (c), which provides the requirement that a county must submit a county road condition report as part of the application process for consideration of being awarded a County Transportation Infrastructure Fund Grant, and redesignates existing subsection (d) as subsection (c).
FISCAL NOTE
Stephen Stewart, Chief Financial Officer, has determined, in accordance with Government Code, §2001.024(a)(4), that as a result of enforcing or administering the rules for each of the first five years in which the proposed rules are in effect, there will be no fiscal implications for state or local governments as a result of the department's or commission's enforcing or administering the proposed rules.
LOCAL EMPLOYMENT IMPACT STATEMENT
Charon Williams, Director, Transportation Programs Division, has determined that there will be no significant impact on local economies or overall employment as a result of enforcing or administering the proposed rules and therefore, a local employment impact statement is not required under Government Code, §2001.022.
PUBLIC BENEFIT
Charon Williams has determined, as required by Government Code, §2001.024(a)(5), that for each year of the first five years in which the proposed rules are in effect, the public benefit anticipated as a result of enforcing or administering the rules will be that the application package that counties submit for consideration of being awarded a County Transportation Infrastructure Fund Grant will be streamlined and less onerous to counties.
COSTS ON REGULATED PERSONS
Charon Williams has also determined, as required by Government Code, §2001.024(a)(5), that for each year of that period there are no anticipated economic costs for persons, including a state agency, special district, or local government, required to comply with the proposed rules and therefore, Government Code, §2001.0045, does not apply to this rulemaking.
ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS
There will be no adverse economic effect on small businesses, micro-businesses, or rural communities, as defined by Government Code, §2006.001, and therefore, an economic impact statement and regulatory flexibility analysis are not required under Government Code, §2006.002.
GOVERNMENT GROWTH IMPACT STATEMENT
Charon Williams has considered the requirements of Government Code, §2001.0221 and anticipates that the proposed rules will have no effect on government growth. She expects that during the first five years that the rule would be in effect:
(1) it would not create or eliminate a government program;
(2) its implementation would not require the creation of new employee positions or the elimination of existing employee positions;
(3) its implementation would not require an increase or decrease in future legislative appropriations to the agency;
(4) it would not require an increase or decrease in fees paid to the agency;
(5) it would not create a new regulation;
(6) it would not expand, limit, or repeal an existing regulation;
(7) it would not increase or decrease the number of individuals subject to its applicability; and
(8) it would not positively or adversely affect this state's economy.
TAKINGS IMPACT ASSESSMENT
Charon Williams has determined that a written takings impact assessment in not required under Government Code, §2007.043.
SUBMITTAL OF COMMENTS
Written comments on the amendments to §15.188 may be submitted to Rule Comments, General Counsel Division, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483 or to RuleComments@txdot.gov with the subject line "CTIF Grant." The deadline for receipt of comments is 5:00 p.m. on October 7, 2024. In accordance with Transportation Code, §201.811(a)(5), a person who submits comments must disclose, in writing with the comments, whether the person does business with the department, may benefit monetarily from the proposed amendments, or is an employee of the department.
STATUTORY AUTHORITY
The amendments are proposed 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, §256.103, which authorizes the commission to adopt rules to administer the County Transportation Infrastructure Fund Grant Program.
The authority for the proposed amendments was provided by S.B. 160, 87th Regular Session, 2021. The primary author and the primary sponsor of that bill are Senator Charles Perry and Representative Drew Darby, respectively.
CROSS REFERENCE TO STATUTES IMPLEMENTED BY THIS RULEMAKING
Transportation Code, Chapter 256.
§15.188.Application Procedure.
(a) Application form. An eligible county may submit to the department an application for a grant from the fund.
(1) The application must be submitted electronically using the department's automated system designated for the grant program.
(2) A county is responsible for obtaining its use of a computer system and access to the Internet.
(3) Upon request, a county may use the department's computer system at any district office location.
(4) For an application to be valid, the county must submit the application during a period designated under §15.187 of this subchapter (relating to Acceptance of Applications) and satisfy the requirements of this section.
(b) Plan requirements. An application must contain a plan that:
(1) provides a prioritized list of transportation infrastructure projects to be funded by the grant;
(2) describes the scope of each listed transportation infrastructure project including:
(A) a clear and concise description of the proposed work;
(B) an implementation plan, including a schedule of proposed activities;
(C) an estimate of project costs;
(D) the project funding sources; and
(E) other information required by the department;
(3) specifies the total amount of grant funds being requested in the application;
(4) identifies matching funds required under §15.183 of this subchapter (relating to Matching Funds); and
(5) identifies other potential sources of funding to maximize resources available for the listed transportation infrastructure projects.
[(c) Additional submissions. In addition
to the application form, the county must also submit a road condition
report described by Transportation Code, §251.018 made by the
county for the preceding year.]
(c) [(d)] Information for previous
grant. If the county has received a grant under this subchapter, it
must also submit:
(1) a certification that all previous grants have been or are being spent in accordance with the applicable plan submitted under subsection (b) of this section; and
(2) an accounting of expenditures under the previous grant, including any amounts spent on administrative costs.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 22, 2024.
TRD-202403886
Becky Blewett
Deputy General Counsel
Texas Department of Transportation
Earliest possible date of adoption: October 6, 2024
For further information, please call: (512) 463-8630