TITLE 43. TRANSPORTATION

PART 1. TEXAS DEPARTMENT OF TRANSPORTATION

CHAPTER 1. MANAGEMENT

SUBCHAPTER F. ADVISORY COMMITTEES

43 TAC §§1.82, 1.84 - 1.88

The Texas Department of Transportation (department) adopts amendments to §1.82, Statutory Advisory Committee Operations and Procedures, §1.84, Statutory Advisory Committees, §1.85, Department Advisory Committees, §1.86, Corridor Advisory Committees, and §1.87, Corridor Segment Advisory Committees, and new §1.88, Interim Report. The amendments to §1.82, and §§1.84 - 1.87 and new §1.88 are adopted without changes to the proposed text as published in the October 13, 2017 issue of the Texas Register (42 TexReg 5653) and will not be republished.

EXPLANATION OF ADOPTED AMENDMENTS

The amendments are the result of statutory changes made by the legislature during the 85th Regular Session, 2017 and the Texas Transportation Commission's (commission) review of the need to continue the existence of the commission's advisory committees.

Amendments to §1.82, Statutory Advisory Committee Operations and Procedures, change "office" to "division" in subsections (c), (f), and (h) and change "Office of General Counsel" to "General Counsel Division" in subsections (c)(1) to reflect name changes recently made to the department's organizational structure. The amendments also revise the sunset dates of commission advisory committees that are created by statute. Section 1.82 currently provides that each statutory advisory committee is abolished December 31, 2017. This sunset date was established under Government Code, §2110.008, which authorizes a state agency to establish by rule a date on which advisory committees will automatically be abolished unless continued. The commission determines that the continued existence of its statutory advisory committees is necessary for improved communication between the department and the public. Therefore, §1.82(i) is amended to revise the sunset date to December 31, 2019.

Amendments to §1.84, Statutory Advisory Committees, subsection (c)(2) specify that the members of the port authority advisory committee shall be appointed pursuant to Transportation Code, §55.006. Senate Bill 28, 85th Legislature, Regular Session, amended §55.006, to increase the number of members of the port authority advisory committee from seven to nine, and to provide that the lieutenant governor and the speaker of the House of Representatives will each appoint one member in addition to the members appointed by the commission. Members appointed by the commission will continue to serve staggered three-year terms. Also, amendments to subsection (b)(4) change "office" to "division" to reflect name changes recently made to the department's organizational structure.

Amendments to §1.85, Department Advisory Committees, change the date that advisory committees created under that section are abolished. Section 1.85 provides for the creation of advisory committees by the commission and provides the operating procedures for those committees. Section 1.85(c) currently provides a December 31, 2017 sunset date, which was established in accordance with Government Code, §2110.008. The commission determines that each existing advisory committee created under §1.85 is necessary for improved communication between the department and the public. Therefore, amendments to §1.85(c) extend the sunset date to December 31, 2019. Also, amendments to subsection (b) change "office" to "division" to reflect name changes recently made to the department's organizational structure.

Amendments to §1.86, Corridor Advisory Committees, change the date that corridor advisory committees created under that section are abolished. Section 1.86(e) currently provides that each advisory committee created under that section is abolished December 31, 2017. This sunset date was established in accordance with Government Code, §2110.008. The commission determines that each existing corridor advisory committee is necessary for improved communication between the department and the public. Therefore, amendments to §1.86(e) change the sunset date to December 31, 2019.

Amendments to §1.87, Corridor Segment Advisory Committees, change the date that corridor segment advisory committees created under that section are abolished. Section 1.87(e) currently provides that each corridor segment advisory committee is abolished December 31, 2017. This sunset date was established in accordance with Government Code, §2110.008. Amendments to §1.87(e) extend the sunset date for any newly created corridor segment advisory committee to December 31, 2019.

Amendments add new §1.88, Interim Report, which requires each advisory committee to file with the division of the department that is responsible for providing administrative support to that advisory committee an interim report relating to the committee's membership, structure, duties, objectives and goals, accomplishments, and scheduled activities. The executive director, or the executive director's designee, in turn will deliver a copy of the report to each commissioner. This report will assist in the commission's oversight of the work and necessity of each advisory committee.

COMMENTS

No comments on the proposed amendments and new section were received.

STATUTORY AUTHORITY

The amendments and new section 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, §201.117, which provides the commission with the authority to establish, as it considers necessary, advisory committees on any of the matters under its jurisdiction; Transportation Code, §55.006, which requires the commission to appoint members to the port authority advisory committee; Government Code, §2110.005, which requires a state agency that establishes an advisory committee to describe by rule the manner in which the committee will report to the agency; and Government Code, §2110.008, which provides that, if a state agency committee designates the date on which an advisory committee will automatically be abolished or changes such a date, the designation or change must be by rule.

CROSS REFERENCE TO STATUTE

Government Code, Chapter 2110, and Transportation Code, §§55.006 and 201.117.

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 November 16, 2017.

TRD-201704617

Leonard Reese

Associate General Counsel

Texas Department of Transportation

Effective date: December 6, 2017

Proposal publication date: October 13, 2017

For further information, please call: (512) 463-8630


CHAPTER 10. ETHICAL CONDUCT BY ENTITIES DOING BUSINESS WITH THE DEPARTMENT

SUBCHAPTER A. GENERAL PROVISIONS

43 TAC §10.6

The Texas Department of Transportation (department) adopts amendments to §10.6, concerning Conflict of Interest. The Amendments to §10.6 are adopted without changes to the proposed text as published in the September 15, 2017, issue of the Texas Register (42 TexReg 4768), and will not be republished.

EXPLANATION OF ADOPTED AMENDMENTS

Amendments to §10.6, Conflict of Interest, make several changes to clarify the circumstances in which a conflict of interest arises for certain entities doing business with the department.

Amendments to §10.6(a) revise the description of the circumstances for the existence of a conflict of interest to align it with the description of the term used in other chapters of the department's rules. These amendments are needed in order to provide a fair and unbiased contracting system and to ensure high standards of ethics and fairness in the administration of the department's programs.

Senate Bill 533, 85th Legislature, Regular Session, 2017, amended restrictions on employment for former state employees who participate on behalf of a state agency in a procurement or contract negotiation to apply for two years after a contract is signed or the procurement is terminated or withdrawn, instead of two years after the employee leaves state employment. To address that statutory change, amendments to §10.6(b)(3) revise the period of a conflict of interest for a for-profit entity that hires a former department employee who participated on behalf of the department in a procurement or negotiation of a contract awarded to the entity. Currently, §10.6 restrictions on the employment of certain former department employees apply unless more than two years have elapsed since the cessation of employment with the department. As amended, the restrictions apply unless more than two years have elapsed since the contract was signed. Amendments to §10.6(b)(3) and (g) also clarify that the conflict of interest only applies to an entity to which a contract was awarded.

Amendments to §10.6(e) update the name of a division of the department.

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 with the authority to establish rules for the conduct of the work of the department.

CROSS REFERENCE TO STATUTE

Government Code, §572.069, as amended by Section 1, Senate Bill 533, 85th Legislature, Regular Session.

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 November 16, 2017.

TRD-201704618

Leonard Reese

Associate General Counsel

Texas Department of Transportation

Effective date: December 6, 2017

Proposal publication date: September 15, 2017

For further information, please call: (512) 463-8630


CHAPTER 31. PUBLIC TRANSPORTATION

The Texas Department of Transportation (department) adopts amendments to §§31.3, 31.11, 31.30, 31.31, 31.36, 31.42 - 31.45, 31.47, 31.48, 31.50, and 31.57, and the repeal of §31.17 and §31.18, all concerning public transportation. The amendments to §§31.3, 31.30, 31.31, 31.36, 31.42 - 31.45, 31.47, 31.48, 31.50, and 31.57, and the repeal of §§31.17 and 31.18 are adopted without changes to the proposed text as published in the September 15, 2017, issue of the Texas Register (42 TexReg 4792) and will not be republished. The amendments to §31.11, as published in the September 15, 2017, issue of the Texas Register (42 TexReg 4792), are adopted with changes to correct a formatting error in subsection (b)(1)(A)(ii) and (iii) of that section and are republished for that purpose.

EXPLANATION OF ADOPTED AMENDMENTS AND REPEALS

The proposed revisions address the impact of changes in state statutes and appropriations, revise funding allocation formulas, address the impacts of revised federal program guidance, remove obsolete text, and update references to current authorizing statutes. Certain sections proposed for repeal administered obsolete federal programs.

SUBCHAPTER A, GENERAL

Amendments to §31.3, Definitions, reflect revisions to the Texas Administrative Code in Chapter 31 in accordance with state and federal statutes and federal guidance impacting the department's role in administering public transportation programs and remove references to repealed federal programs. The definition of "Common Rule," paragraph (10) is deleted. The United States Department of Transportation Common Rules have been superseded. The citation to the appropriate federal regulations has been substituted for the term "Common Rule" throughout the amended rules. The amendments delete the definition "job access project" which was used as part of a repealed federal statute and add the definition of "large urban transit district," in accordance with HB 1140, 85th Legislature, Regular Session. The amendments add the definition of "small urban transit district," in accordance with HB 1140, 85th Legislature, Regular Session. In the definition of "welfare recipient," the amendments remove a reference to a repealed federal statute.

SUBCHAPTER B, STATE PROGRAMS

Amendments to §31.11, Formula Program, revise the text to account for statutory changes from HB 1140, 85th Legislature, Regular Session, which revise geographical funding categories, address increases in funding, clarify funding allocation description for urban transit districts in the Dallas-Ft. Worth-Arlington urbanized area, remove an expired section, and require a one-time award in FY 2018 to transition from the old formula to the new formula.

Amendments to §31.11(b)(1) indicate the amount of funds available, allocate a portion of those funds to the new funding category "large urban transit districts," show funds as dollar amounts rather than as percentages, and indicate that if appropriated amounts are less than shown, the funds will be reduced proportionately in each funding category.

Amendments to §31.11(b)(1)(A)(i) clarify the description of four urban transit districts in the Dallas-Ft. Worth-Arlington urbanized area. Instead of a description as "tier one," the text explicitly names these four transit districts. The amendments also include the allocated amounts authorized by statute for each of these transit districts.

Amendments to §31.11(b)(1)(A)(ii) describe funding allocation methodology for the small urbanized areas.

Amendments to §31.11(b)(1)(A)(iii) describe funding allocation methodology for the large urbanized areas. The amendments also include a cap on the population figure used in the formula of 299,999 to allocate funds among all eligible large urbanized areas.

Amendments to §31.11(b)(2) remove a reference to an expired provision and add a one-time provision for FY 2018 that requires an allocation to account for the award of additional funds due to the revised rules and available funds.

SUBCHAPTER C, FEDERAL PROGRAMS

Section 31.17, Section 5316 Grant Program, and §31.18, Section 5317 Grant Program, are repealed because the Section 5316 and Section 5317 grant programs were removed from federal statutes by the previous authorizing legislation, known as MAP-21. Projects under §31.17 and §31.18 have been completed and closed out. No impact of the repeal to existing and potential subrecipients is expected.

Amendments to §31.30, Section 5339 Grant Program, reflect revisions to the department's role in administering the Federal Transit Administration (FTA) Section 5339 program. The department will continue to act as the designated recipient in this program for small urban transit districts. However, the department will exercise its option to have small urban transit districts apply directly to the FTA for those funds, upon notification by the department. This is similar to how the FTA Section 5307 program is handled. The department will continue to determine allocations and administer the Section 5339 program for the rural transit districts.

Amendments to §31.30(c) change the description from "transit agencies" to "transit districts" to improve clarity.

Amendments to §31.30(d)(1) revise the formula to use total vehicle miles as reported by transit districts instead of a formula based upon the expected remaining useful life of each vehicle. The amendments also include a minimum amount of one percent of the total program allocation to be awarded to each transit district.

Amendments to §31.30(d)(2) specify that the department will notify the FTA of the formula allocations.

Amendments to §31.30(d)(3) specify that the department will notify the small urban transit districts of the formula allocations.

Amendments to §31.30(d)(4) authorize transit districts to apply for those funds directly with the FTA.

Amendments to §31.30(e)(1) revise the formula to use total vehicle miles as reported by transit districts instead of a formula based upon the expected remaining useful life of each vehicle. The amendments also include a minimum amount of one percent of the total program allocation to be awarded to each transit district.

Amendments to §31.30(f) refer to the latest federal guidance document and remove the reference to fleet condition.

Amendments to §31.30(g) add that recipient projects must also be linked to the asset management plan.

Amendments to §31.31, Section 5310 Grant Program, revise the text to reflect the revised Code of Federal Regulations for the Section 5310 grant program as a result of changes that occur in the Fixing America's Surface Transportation (FAST) Act.

Amendments to §31.31(d) show there is no distinction between primary and alternate recipients of Section 5310 funds for rural and urbanized areas with a population of less than 200,000. Recipients are urban and rural transit districts, private non-profit organizations, state and local government authorities that coordinate services for seniors and individuals with disabilities, or taxis providing shared-ride service. Recipients that are not transit districts shall coordinate service with transit districts to ensure service does not duplicate existing service.

Amendments to §31.31(e)(2)(A)(ii) clarify the description of vehicles by replacing the term paratransit with smaller accessible vehicles to avoid any confusion with vehicles that are used specifically for the ADA required paratransit service in places with fixed route bus service.

Amendments to §31.31(e)(2)(A)(viii) expand the eligible items to lifts, ramps, and other securement devices to include new technology and to reflect the language in the federal circular.

The amendment to §31.31(e)(2)(A)(x) clarifies the use of the word computer to cover the development of new technology beyond the term microcomputer.

Amendments to §31.31(i)(1)-(2) reflect a change in department procedure. Local stakeholders are consulted during the public outreach process before project selection. Local planning and project development occur as part of the coordinated human service transportation planning process, not as part of Section 5310 public outreach. To increase fairness and equity, the department recommends projects that consider program goals and objectives. The reference to the FTA Circular is updated to 9070.1G.

Amendments to §31.31(i) add paragraph (3) to clarify the requirement for at least 55 percent of the funds allocation to be used for capital expenses, expanding on the existing language that not more than 45 percent of the funds can be used for operating expenses.

Amendments to §31.36, Section 5311 Grant Program, revise the text to describe intent to minimize negative impacts from changes in transit district boundaries, revise the factor used to allocate a portion of the funding from revenue miles to total vehicles miles, revise definitions to more closely follow industry usage, and correct references to implementing regulations. Subsection (b)(5) is added to the list of department objectives to show that transportation district boundary changes are an important factor. This includes changes that occur when Texas counties move from one rural transit district to another or when the counties create a new transit district.

Amendments to §31.36(e)(2)(A)(ii) clarify the description of eligible items for capital expenses.

Amendments to §31.36(e)(2)(A)(ix) and (xiii) revise the language to use the same terminology as used in the federal guidance.

Amendments to §§31.36(e)(2)(C)(iv), (e)(3)and(4), and (g) refer to the latest federal guidance document.

Amendments to §31.36(g)(3) add a one-time award to address changes in transit district boundaries as a discretionary allocation award category. Amendments to §31.36(g)(4) change the data element for calculating this award category from vehicle revenue miles to total vehicle miles.

SUBCHAPTER D, PROGRAM ADMINISTRATION

Amendments to §31.42, Standard Federal Requirements; §31.43, Contracting Requirements; §31.44, Procurement Requirements; §31.45 Accounting and Financial Recordkeeping Requirements; §31.46, Reimbursement Procedures; §31.47, Audit and Project Close-Out Standards; and §31.48 Project Oversight, revise the rules to correct references to federal regulations and update a compliance monitoring practice.

Amendments to §§31.42(a), 31.43(b), 31.44(b), 31.45(b), and 31.47(b) refer to the latest federal regulations. Amendments to §31.48(b)(4) refer to the latest federal regulations and remove a reference to a state program that does not apply. The amendment to §31.48(c)(3) changes a description to indicate a current compliance monitoring practice.

SUBCHAPTER E, PROPERTY MANAGEMENT STANDARDS

Amendments to §31.50, Recordkeeping and Inventory Requirements, and §31.57, Disposition, revise the text to correct references to federal regulations.

Amendments to §31.57(c) and (d)(2)(C) refer to the latest federal regulations.

COMMENTS

No comments on the proposed amendments and repeals were received.

SUBCHAPTER A. GENERAL

43 TAC §31.3

STATUTORY AUTHORITY

The amendments are adopted under Transportation Code, §201.101, which provides the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the department, and more specifically, §456.022, which provides the commission with authority to adopt rules establishing a formula allocating funds among individual eligible public transportation providers.

CROSS REFERENCE TO STATUTE

Transportation Code, Chapters 455, 456, 458, and 461.

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 November 16, 2017.

TRD-201704619

Leonard Reese

Associate General Counsel

Texas Department of Transportation

Effective date: December 6, 2017

Proposal publication date: September 15, 2017

For further information, please call: (512) 463-8630


SUBCHAPTER B. STATE PROGRAMS

43 TAC §31.11

STATUTORY AUTHORITY

The amendments are adopted under Transportation Code, §201.101, which provides the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the department, and more specifically, §456.022, which provides the commission with authority to adopt rules establishing a formula allocating funds among individual eligible public transportation providers.

CROSS REFERENCE TO STATUTE

Transportation Code, Chapters 455, 456, 458, and 461.

§31.11.Formula Program.

(a) Purpose. Transportation Code, Chapter 456 requires the commission to allocate, at the beginning of each fiscal biennium, certain amounts appropriated for public transportation. This section sets out the policies, procedures, and requirements for that allocation.

(b) Formula allocation. At the beginning of each state fiscal biennium, an amount equal to the amount appropriated from all sources to the commission by the legislature for that biennium for public transportation, other than federal funds and amounts specifically appropriated for coordination, technical support, or other costs of administration, will be allocated to urban and rural transit districts.

(1) If the appropriated amount to which this subsection applies is at least $69,982,134, the commission will allocate $7,000,000 to large urban transit districts, $20,118,748 to small urban transit districts, and $42,863,386 to rural transit districts. If the appropriated amount is less than $69,982,134, the amounts allocated by this paragraph will be reduced proportionately.

(A) Urban funds available under this section will be allocated to urban transit districts as provided by this subparagraph.

(i) If at least $69,982,134 is appropriated as described in paragraph (1) of this subsection, an urban transit district receiving funds under Transportation Code, Section 456.006(b), will be allocated for each year of the biennium an amount equal to the amount received by that district in Fiscal Year 1997. These districts include the cities of Arlington (amount $341,663), Grand Prairie (amount $170,584), Mesquite (amount $142,455), and North Richland Hills (amount $116,134). These allocations will be assigned from the small urban transit district funds. If less than $69,982,134 is appropriated, the amounts allocated by this clause will be reduced proportionately. If more than $69,982,134 is appropriated, an urban transit district to which this clause applies is not eligible for additional funds under paragraph (2) or (3) of this subsection.

(ii) One-half of the funds allocated to small urban transit districts will be based on population by using the latest census data available from the U.S. Census Bureau for each small urbanized area relative to the sum of all small urbanized areas. One-half of the funds allocated to small urban transit districts will be performance-based allocations.

(iii) One-half of the funds allocated to large urban transit districts will be based on population by using the latest census data available from the U.S. Census Bureau for each large urbanized area relative to the sum of all large urbanized areas served by urban transit districts. A large urban transit district with an urbanized area population of 300,000 or more will have the population adjusted to reflect a population level of 299,999. One-half of the funds allocated to large urban transit districts will be performance-based allocations.

(iv) An urban transit district is eligible for a performance-based allocation under clause (ii) or (iii) of this subparagraph, as appropriate, if it is in good standing with the department and has no deficiencies and no findings of noncompliance. The commission will award the performance-based funding based on the following weighted criteria: 30 percent for local funds per operating expense, 20 percent for ridership per capita, 30 percent for ridership per revenue mile, and 20 percent for revenue miles per operating expense. These criteria may be calculated using the urban transit district's annual audit for the previously completed fiscal year, data from other sources, or from the department's records.

(v) If an urban transit district experiences a negative impact in its performance factor calculations due to the acquisition or loss of service area, a natural disaster, including wind, fire, or flood, or an unforeseen anomaly, the department may mitigate that negative impact with an alternate calculation addressing the specific situation. The alternate calculation may be used in subsequent years at the discretion of the department.

(B) Rural funds allocated under this paragraph will be allocated only to rural transit districts in rural areas based upon need and performance as described in clauses (i) and (ii) of this subparagraph.

(i) Sixty-five percent of the funding under this subparagraph will be allocated to rural transit districts as a need based allocation giving consideration to population weighted at 75 percent and on land area weighted at 25 percent for each rural area relative to the sum of all rural areas.

(ii) Thirty-five percent of the funding under this subparagraph will be allocated to rural transit districts as a performance based allocation. A rural transit district is eligible for funding under this clause if it is in good standing with the department and has no deficiencies and no findings of noncompliance. The commission will award the funding by giving equal consideration to local funds per operating expense, ridership per revenue mile, and revenue miles per operating expense. These criteria may be calculated using the rural transit district's annual audit for the previously completed fiscal year, data from other sources, or from the department's records.

(iii) If a rural transit district experiences a negative impact in its performance factor calculations due to the acquisition or loss of service area, a natural disaster, such as wind, fire, or flood, or an unforeseen anomaly, the department may mitigate that impact with an alternate calculation addressing the specific situation. The alternate calculation may be used in subsequent years at the discretion of the department.

(C) Funds allocated under this section and any local funds may be used for any transit-related activity except that an urban transit district not included in a transit authority but located in an urbanized area that includes one or more transit authorities may use funds allocated under this section only to provide up to:

(i) 65 percent of the local share requirement for federally financed projects for capital improvements;

(ii) 50 percent of the local share requirement for projects for operating expenses and administrative costs;

(iii) 50 percent of the total cost of a public transportation capital improvement, if the urban transit district certifies that federal money is unavailable for the proposed project and the commission finds that the proposed project is vitally important to the development of public transportation in the state; and

(iv) 65 percent of the local share requirement for federally financed planning activities.

(D) Subject to available appropriation, no award to an urban or rural transit district under this paragraph will be less than 90 percent of the award to that transit district for the previous fiscal year. All allocations under subsection (b)(1)(A) and (B) of this section are subject to revision to comply with this standard.

(2) A one-time allocation of state funds appropriated for Fiscal Year 2018 will be made to eligible urban and rural transit districts, consistent with the direction from Transportation Code, Section 456.021(a), as amended by H.B. 1140, 85th Legislature, Regular Session, 2017, to address the impacts of revisions to the state funding formula. This paragraph expires August 31, 2018.

(3) The commission will award on a pro rata basis, competitively, or using a combination of both any appropriated amount that remains after other allocations made under this subsection. In awarding funds under this paragraph, consideration may be given to coordination and technical support activities, compensation for unforeseen funding anomalies, assistance with eliminating waste and ensuring efficiency, maximum coverage in the provision of public transportation services, funds needed to initiate public transportation service in new designated urbanized areas, adjustment for reductions in purchasing power, reductions in air pollution, or any other appropriate factor. Awards under this paragraph are not subject to subsection (b)(1)(D) of this section in succeeding fiscal years.

(c) Change in service area. If part of an urban or rural transit district's service area is changed due to declaration by the U.S. Census Bureau, or if the service area is otherwise altered, the department and the urban or rural transit district shall negotiate an appropriate adjustment in the funding awarded to that urban or rural transit district for that funding year or any subsequent year, as appropriate. This negotiated adjustment is not subject to subsection (b)(1)(D) of this section.

(d) Unobligated funds. Any money under this section that an urban or rural transit district has not applied for before the November commission meeting in the second year of a state fiscal biennium will be administered by the commission under the discretionary program described in §31.13 of this subchapter (relating to Discretionary Program).

(e) Returned funds. Any money under this section that an urban or rural transit district agrees to return to the department will be administered by the commission under the discretionary program described in §31.13 of this subchapter.

(f) Application. To receive funds allocated under this section, a transit district must first submit a completed application, in the form prescribed by the department. The application must include certification that the proposed public transportation project is consistent with continuing, cooperating, and comprehensive regional transportation planning implemented in accordance with 49 U.S.C. §5301. Federal approval of a proposed public transportation project will be accepted as a determination that all federal planning requirements have been met.

(g) Project evaluation. In evaluating a project under this section, the department will consider the need for fast, safe, efficient, and economical public transportation and the approval of the FTA, or its successor.

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 November 16, 2017.

TRD-201704622

Leonard Reese

Associate General Counsel

Texas Department of Transportation

Effective date: December 6, 2017

Proposal publication date: September 15, 2017

For further information, please call: (512) 463-8630


SUBCHAPTER C. FEDERAL PROGRAMS

43 TAC §31.17, §31.18

STATUTORY AUTHORITY

The repeals are adopted under Transportation Code, §201.101, which provides the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the department, and more specifically, §456.022, which provides the commission with authority to adopt rules establishing a formula allocating funds among individual eligible public transportation providers.

CROSS REFERENCE TO STATUTE

Transportation Code, Chapters 455, 456, 458, and 461.

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 November 16, 2017.

TRD-201704623

Leonard Reese

Associate General Counsel

Texas Department of Transportation

Effective date: December 6, 2017

Proposal publication date: September 15, 2017

For further information, please call: (512) 463-8630


43 TAC §§31.30, 31.31, 31.36

STATUTORY AUTHORITY

The amendments are adopted under Transportation Code, §201.101, which provides the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the department, and more specifically, §456.022, which provides the commission with authority to adopt rules establishing a formula allocating funds among individual eligible public transportation providers.

CROSS REFERENCE TO STATUTE

Transportation Code, Chapters 455, 456, 458, and 461.

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 November 16, 2017.

TRD-201704625

Leonard Reese

Associate General Counsel

Texas Department of Transportation

Effective date: December 6, 2017

Proposal publication date: September 15, 2017

For further information, please call: (512) 463-8630


SUBCHAPTER D. PROGRAM ADMINISTRATION

43 TAC §§31.42 - 31.45, 31.47, 31.48

STATUTORY AUTHORITY

The amendments are adopted under Transportation Code, §201.101, which provides the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the department, and more specifically, §456.022, which provides the commission with authority to adopt rules establishing a formula allocating funds among individual eligible public transportation providers.

CROSS REFERENCE TO STATUTE

Transportation Code, Chapters 455, 456, 458, and 461.

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 November 16, 2017.

TRD-201704626

Leonard Reese

Associate General Counsel

Texas Department of Transportation

Effective date: December 6, 2017

Proposal publication date: September 15, 2017

For further information, please call: (512) 463-8630


SUBCHAPTER E. PROPERTY MANAGEMENT STANDARDS

43 TAC §31.50, §31.57

STATUTORY AUTHORITY

The amendments are adopted under Transportation Code, §201.101, which provides the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the department, and more specifically, §456.022, which provides the commission with authority to adopt rules establishing a formula allocating funds among individual eligible public transportation providers.

CROSS REFERENCE TO STATUTE

Transportation Code, Chapters 455, 456, 458, and 461.

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 November 16, 2017.

TRD-201704627

Leonard Reese

Associate General Counsel

Texas Department of Transportation

Effective date: December 6, 2017

Proposal publication date: September 15, 2017

For further information, please call: (512) 463-8630