TITLE 43. TRANSPORTATION

PART 1. TEXAS DEPARTMENT OF TRANSPORTATION

CHAPTER 2. ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS

SUBCHAPTER H. MEMORANDUM OF UNDERSTANDING WITH THE TEXAS HISTORICAL COMMISSION

The Texas Department of Transportation (department) proposes amendments to §§2.251, 2.253, 2.256, 2.259, 2.265, 2.267, 2.268, 2.270, and 2.271, concerning the Memorandum of Understanding with the Texas Historical Commission.

EXPLANATION OF PROPOSED AMENDMENTS

Transportation Code, §201.607, requires the department to adopt a memorandum of understanding (MOU) with each state agency that has responsibilities for the protection of the natural environment or for the preservation of historic or archeological resources. Transportation Code, §201.607, also requires the department to adopt the MOU and all revisions to it by rule and to periodically evaluate and revise the MOU. The department has evaluated its MOU with the Texas Historical Commission (THC) adopted in 2018, and finds it necessary to make various changes to Chapter 2, Subchapter H, of the department's rules.

Amendments to §2.251, Purpose and Authority, update the reference to the preceding MOU that is being superseded to correctly refer to the 2018 MOU rather than the 2013 MOU.

Amendments to §2.253, Definitions, clarify that "minor widening" is limited to roadway projects "within existing right-of-way." This will make the definition of this term consistent with the definition in the 2023 Programmatic Agreement Among the Federal Highway Administration, the Texas Department of Transportation, the Texas State Historic Preservation Officer, Participating Tribes, and the Advisory Council on Historic Preservation Regarding the Implementation of Transportation Undertakings (2023 Programmatic Agreement).

The amendments to §2.253 also remove "aviation facility" and "public transportation facility" from the definition of "transportation project." This MOU is intended to apply to projects subject to the environmental review process established and overseen by the department's Environmental Affairs Division, which does not include aviation and public transportation projects handled by the Aviation and Public Transportation Divisions outside the terms of this MOU.

The amendments to §2.253 also remove the reference to "a transportation enhancement project funded under 23 USC 133(h)" from the definition of "transportation project." There is no longer a transportation enhancements funding program under 23 USC 133.

Amendments to §2.256, Projects Excluded from Review for Archeology Sites and Cemeteries, slightly revise the language excluding from review projects with less than 100 cubic yards of impacts to undisturbed sediments. The existing language states there is no potential for such projects to affect historic properties. The proposed language more accurately states that such projects have "minimal" potential to affect historic properties and makes this section consistent with equivalent provisions in the 2023 Programmatic Agreement. The exclusion from review for such projects remains intact. The amendments to §2.256 also make some minor grammatical revisions.

Amendments to §2.259, Permits for Archeological Sites and Cemeteries, clarify that the department is required to submit neither an "antiquities permit application form" nor a "scope of work" to be issued an antiquities permit under certain circumstances. This is more precise than the existing language which just states that the department is not required to submit an "antiquities permit application."

The amendments to §2.259 also revise the process by which the department notifies THC of the need for an antiquities permit. Instead of notifying THC in writing by email or letter, the proposed language will require the department to notify THC of the need for an antiquities permit by submission in THC's "eTRAC" application (or successor application) or by another method agreed upon in writing by THC.

The amendments to §2.259 also change the format of reports submitted by the department to THC upon completion of work under an antiquities permit. The revision removes the requirement for the department to submit pdf format reports "on an archival quality CD or DVD," and instead simply states that the department will submit "pdf format reports." This will allow the department to submit reports electronically rather than on physical media.

Amendments to §2.265, Standard Treatments for Particular Resource Types, add exclusions from formal evaluation and coordination for two new categories of discoveries (1) archeological sites dating exclusively to 1950 or later recovered from existing right of way, and (2) isolated domesticated animal or deer bones recorded from existing right of way. These types of discoveries are categorically determined to not warrant designation as State Antiquities Landmarks.

Amendments to §2.267, Documentation for Archeological Sites and Cemeteries, clarify that department archeological reports must contain certain information regarding any auger samples, backhoe trenches, and shovel test pits dug by the department. This is not a new requirement as this information has already been required by THC's survey standards, which the department has committed to follow, for several years.

Amendments to §2.268, Quarterly Reports for Archeological Sites and Cemeteries, reduce the frequency for the department to submit periodic reports for archeological sites and cemeteries to THC from four times per year to once per year.

Amendments to §2.270, Projects Excluded from Review for Non-Archeological Historic Properties, simplify the rule by excluding from THC review all projects that do not contain a designated non-archeological historic property (DNAHP) within the area of potential effect (APE). DNAHPs will be defined in the proposed rule language as "non-archeological historic properties that are designated State Antiquities Landmarks, listed in the National Register of Historic Places, or are historic bridges (listed in or previously determined eligible for listing in the NRHP). This is a substantial improvement over the existing rule language, which defines ten project types that typically do not require THC review, but then requires the department to evaluate projects within those categories to determine if THC review is required due to direct effects to "historic properties," which detracts from the purpose of defining the ten categories. Under the proposed rule language, THC review will be triggered by the presence of a DNAHP within the APE, regardless of the project type.

Amendments to §2.271, Procedures for Project Coordination when the Project Requires Review for Non-Archeological Historic Properties, revise references to "historic properties" to instead refer to "DNAHPs," which will be more precisely defined than the existing term. Language about the types of historic properties the department should focus on identifying will be removed as it will no longer be necessary with the new definition of DNAHPs. The requirement for the department to provide to THC a "justification for findings of historic properties" on projects that are individually coordinated with THC will also be removed as it also will no longer be necessary with the new definition of DNAHPs.

The amendments to §2.271 also add a requirement for the department to notify THC of any proposed work on a Recorded Texas Historic Landmark. The department anticipates that this would be a very rare occurrence. The amendments to §2.271 also make other minor language revisions for clarity and accuracy.

FISCAL NOTE

Stephen Stewart, Chief Financial Officer, has determined, in accordance with Government Code, §2001.024(a)(4), that 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

Doug Booher, Environmental Affairs Division Director, 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

Doug Booher 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 continued exchange of information between the department and THC regarding transportation projects and their potential impact on historic resources, and improved MOU language that better meets the agencies' needs.

COSTS ON REGULATED PERSONS

Doug Booher 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

Doug Booher has considered the requirements of Government Code, §2001.0221 and anticipates that the proposed rules will have no effect on government growth. He expects that during the first five years that the rules would be in effect:

(1) they would not create or eliminate a government program;

(2) their implementation would not require the creation of new employee positions or the elimination of existing employee positions;

(3) their implementation would not require an increase or decrease in future legislative appropriations to the agency;

(4) they would not require an increase or decrease in fees paid to the agency;

(5) they would not create a new regulation;

(6) they would not expand, limit, or repeal an existing regulation;

(7) they would not increase or decrease the number of individuals subject to its applicability; and

(8) they would not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

Doug Booher has determined that a written takings impact assessment is not required under Government Code, §2007.043.

COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW

The proposed rules are subject to the Texas Coastal Management Program (CMP) and must be consistent with all applicable CMP policies. The department has concluded that the proposed rules are consistent with all applicable CMP policies.

The CMP policies applicable to transportation projects are set forth at 31 TAC §26.31. This rulemaking does not dictate the siting of transportation projects or contain any other requirements that would contradict any of the CMP policies listed in that rule. Rather, it establishes a mechanism by which the department and THC can efficiently and appropriately exchange information regarding transportation projects and their potential impacts on historic resources, as required by statute at Transportation Code, §201.607, that is acceptable to both department and THC staff. None of the CMP policies listed at §26.31 pertain to the mechanism by which the department and THC exchange information. For these reasons, this rulemaking is consistent with the CMP policies listed at 31 TAC §26.31.

A copy of this rulemaking will be submitted to the General Land Office for its comments on the consistency of the proposed rulemaking with the CMP. The department requests that the public also provide comments on whether the proposed rulemaking is consistent with the CMP.

SUBMITTAL OF INFORMATION AND COMMENTS

Any person that is required to comply with the proposed rule or any other interested person may provide information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research, or analysis, or may submit written comments on the amendments to §§2.251, 2.253, 2.256, 2.259, 2.265, 2.267, 2.268, 2.270, and 2.271. The information or comments must 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 "THC MOU rulemaking." The deadline for receipt of the information or comments is 5:00 p.m. on November 9, 2026. In accordance with Transportation Code, §201.811(a)(5), a person who makes a submission must disclose, in writing with the submission, 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 with the authority to establish rules for the conduct of the work of the department, and more specifically, §201.607, requiring the department to have an MOU with THC and to adopt it by rulemaking.

CROSS REFERENCE TO STATUTES IMPLEMENTED BY THIS RULEMAKING

Transportation Code, §§201.604, 201.607, and 201.752.

§2.251. Purpose and Authority.

This subchapter contains the memorandum of understanding (MOU) entered into by the Texas Historical Commission (THC) and the Texas Department of Transportation (TxDOT) in accordance with Government Code, §442.005 and §442.007; Natural Resources Code, §191.0525(f); and Transportation Code, §201.607. The purpose of this MOU is to provide a formal mechanism for expediting THC review of TxDOT's transportation projects that potentially pose adverse effects on cultural resources. This MOU supersedes the previous MOU made effective on August 15, 2018 [May 20, 2013].

§2.253. Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Antiquities permit--A permit issued by THC in order to regulate the taking, alteration, damage, exhumation, destruction, salvage, archeological survey, testing, excavation and study of State Antiquities Landmarks including prehistoric, historic and underwater archeological sites, and the preservation, rehabilitation, restoration, reconstruction, architectural investigation, hazard abatement, relocation, demolition, or new construction related to historic structures and buildings designated as a State Antiquities Landmark[)].

(2) Area of potential effects (APE)--The geographic space or spaces within which a project may cause changes in the character or use of historic properties, if any such properties exist.

(A) The area of potential effects for archeological properties will be confined to the limits of the proposed project right of way (including permanent and temporary easements), utility relocations designated by TxDOT, and project-specific locations designated by TxDOT. The area of potential effects also extends to the depth of impacts caused by the undertaking.

(B) The area of potential effects for non-archeological historic properties will be confined to the limits of the proposed project right of way (including permanent and temporary easements), utility relocations designated by TxDOT, and project-specific locations designated by TxDOT.

(3) Cultural resources--A general term referring to cemeteries; buildings; structures; objects; archeological sites, including shipwrecks; and districts more than 50 years of age with the potential to have significance in local, state, or national history.

(4) Effect--Alteration to the characteristics of a historic property qualifying it for formal designation as a State Antiquities Landmark.

(5) Eligibility--A property's eligibility for designation as a State Antiquities Landmark, as set forth in 13 TAC Chapter 26 (relating to Practice and Procedure).

(6) Emergency permit--A permit that may be used by TxDOT under certain emergency circumstances for the purposes of performing investigations prior to formal application for an antiquities permit.

(7) Historic property--Any prehistoric or historic district, site, building, structure, or object that meets the requirements for designation as a State Antiquities Landmark as set forth in 13 TAC Chapter 26 (relating to Practice and Procedure).

(8) Minor widening--Roadway projects resulting in pavement profile widened to less than double their original width within existing right-of-way, resulting from adding travel/center-turn lanes or paved shoulders.

(9) Project-specific location--The location of specific material sources (e.g., base material, borrow and sand pits) and other sites used by a construction contractor for a specific project.

(10) State Antiquities Landmarks (SAL)--Both Archeological and Non-archeological historic properties that are designated as landmarks as defined in Subchapter D of the Antiquities Code of Texas (Natural Resources Code, Chapter 191), or treated as landmarks under the interim protection described in §26.8(d) of 13 TAC Chapter 26 (relating to Designation Procedures for Publicly Owned Landmarks), and identified in accordance with 13 TAC Chapter 26 (relating to Practice and Procedure).

(11) THC--Texas Historical Commission.

(12) Transportation project--A project to construct, maintain or improve a highway, rest area, toll facility, [aviation facility, public transportation facility,] rail facility, ferry, or ferry landing. [A transportation enhancement project funded under 23 USC 133(h) is also a transportation project.]

(13) TxDOT--Texas Department of Transportation.

§2.256. Projects Excluded from Review for Archeological Sites and Cemeteries.

(a) Projects with ground disturbance of less than 100 cubic yards of impacts to undisturbed sediments, by their nature and definition, have minimal [do not have the] potential to affect historic properties. Such a project does not require review of its [potential] project impacts on archeological resources or cemeteries by THC under this chapter or under this MOU. The following list provides examples of activities with this low level of new disturbance that do not require review of their potential impacts on archeological resources or cemeteries under this chapter or under this MOU:

(1) installation, repair, or replacement of fencing, signage, traffic signals, railroad warning devices, safety end treatments, cameras and intelligent highway system equipment;

(2) projects involving purchase or acquisition of land without associated ground-disturbing activities;

(3) routine structural maintenance and repair of bridges, highways, railroad crossings, picnic areas, and rest areas;

(4) in-kind repair or[,] replacement of lighting, signals, curbs and gutters, and sidewalks;

(5) crack seal, overlay, milling, grooving, resurfacing, and restriping;

(6) replacement, upgrade, and repair of safety barriers, ditches, storm drains, and culverts;

(7) intersection improvements, including repair or replacement of overpasses, that require less than 0.5 acres of additional right of way at each intersection;

(8) placement of riprap to prevent erosion of waterway banks and bridge piers provided no ground disturbance is required;

(9) all maintenance work between a highway and an adjacent frontage road;

(10) installation of noise barriers or alterations to existing publicly owned buildings less than 50 years old, to provide for noise reduction except in potential or listed National Register districts;

(11) driveway and street connections;

(12) all work within interchanges and within medians of divided highways;

(13) all work between the flowlines of the ditches and channels and above the original line and grade;

(14) ditch and channel maintenance, provided removal of fill is above the original line and grade;

(15) repairs needed as a result of an event, natural or man-made, which causes damage to a designated state highway, resulting in an imminent threat to life or property of the traveling public or which substantially disrupts or may disrupt the orderly flow of traffic and commerce;

(16) the installation and modification of sidewalks (including the addition of American with Disabilities Act (ADA) ramps) except:

(A) sidewalk installations where the depth of impact exceeds one foot;

(B) sidewalk and ADA ramp projects within the historic districts in the following cities or towns: Goliad, Rio Grande City, Roma, San Antonio, San Elizario, and San Ygnacio; and

(C) sidewalk or ADA ramp projects within the limits of the following cities or towns: Anahuac, Nacogdoches, San Patricio, and Socorro;

(17) routine maintenance projects;

(18) vegetation control;

(19) traffic control; and

(20) routine painting and striping.

(b) Design changes for projects that have completed all applicable review and consultation where the new activities would have less than 100 cubic yards of impacts to undisturbed sediments do not require additional review or coordination.

(c) Projects that are exempt from project-specific review for compliance with 13 TAC Chapter 26 and review under this MOU, as specified in subsections (a) and (b) of this section, are also exempt from compliance with other THC rules regarding project-specific investigations or coordination for potential impacts to cemeteries promulgated under Health and Safety Code, §711.012(c), unless one of the following two conditions is present:

(1) pavement would be extended to within 15 feet of the boundary of a known cemetery founded earlier than 1955; or

(2) a project element would directly affect known burials.

§2.259. Permits for Archeological Sites and Cemeteries.

(a) THC shall issue antiquities permits for reconnaissance survey, intensive survey, monitoring, eligibility testing, exhumations, and emergencies to archeological staff at TxDOT under the following terms:

(1) The archeological staff of TxDOT's Environmental Affairs Division, or its successor as established by TxDOT administration, oversees the work.

(2) The work shall be completed in accordance with the provisions of the MOU.

(3) THC shall not require TxDOT to submit an antiquities permit application form and scope of work.

(b) In lieu of a permit application form and scope of work, TxDOT archeological staff shall notify THC [in writing] (by submission in eTRAC or its successor application or another method agreed upon in writing by THC [email or letter]) of:

(1) the principal investigator;

(2) the investigation type and scope of work;

(3) the county in which the project will occur;

(4) the project name or identifier (site trinomial, if applicable); and

(5) the period of time for which the permit is desired.

(c) TxDOT staff may initiate work following notification of THC.

(d) THC shall issue a permit number within five business days of receiving the notification.

(e) TxDOT may revise the type of investigation based on observations made during the conduct of work as long as TxDOT provides to THC notification of the change prior to submission of the report.

(f) TxDOT may determine the appropriate amount of time a principal investigator will be in the field for a project based on the complexity of that project. TxDOT principal investigators will document their estimated proportion of field time on the corresponding reports of investigation.

(g) When conditions of natural disasters, man-made disasters, or post-review discovery necessitate immediate action, TxDOT may initiate work under an emergency permit without having first requested and received the permit number subject to the each of the following conditions.

(1) TxDOT staff shall only conduct work under an emergency permit when archeological deposits are discovered during development or other construction projects or under conditions of natural or man-made disasters that necessitate immediate action to deal with the situation and findings.

(2) TxDOT will provide notification to THC to obtain the permit number within five working days of initiating the work.

(3) All categories of investigations can be authorized under an emergency permit, but an emergency permit will only be issued under emergency conditions where the investigations must be initiated or performed prior to notification under subsection (b) of this section.

(h) THC shall consider the work conducted under the permit completed upon receipt of:

(1) one unbound report;

(2) two tagged pdf format reports [on an archival quality CD or DVD], one containing all maps and locational information and one with maps and locational information redacted;

(3) a shape file of the project area subject to investigation; and

(4) a completed abstract form.

(i) The number of defaulted permits accrued by particular TxDOT staff while working for TxDOT shall not affect the issuance of additional permits to other TxDOT staff by THC for TxDOT projects.

(j) The inspection of a project APE or proposed APE for purposes of evaluating the kind of archeological investigation that may be required (scoping) shall not constitute an activity that requires a permit from THC when that activity does not result in a report to be coordinated under the terms of the MOU.

(k) All types of archeological investigations conducted by TxDOT but not covered by this section shall require submission of an antiquities permit application and adhere to the terms of the permit and 13 TAC Chapter 26 (relating to Practice and Procedure) with the exception that any permit issued to TxDOT under this paragraph, including data recovery permits, shall not include a requirement for project-specific outreach to be completed as part of the scope of work. TxDOT shall conduct public outreach at a program level regarding its activities under this MOU as specified in §2.269 of this subchapter (regarding Public Outreach Regarding Archeological Sites and Cemeteries).

§2.265. Standard Treatments for Particular Resource Types.

(a) Isolated wells or cisterns unassociated with other remains will be treated as follows.

(1) Isolated wells or cisterns that post-date 1900 A.D. do not warrant notification of THC or additional investigation. Removal or sealing of these features does not constitute an adverse effect.

(2) Isolated wells or cisterns that pre-date 1900 A.D. require research and documentation of their location, construction, condition, and original context. Upon completion of the research and documentation, these features may be backfilled and capped. These activities do not constitute an adverse effect.

§2.267. Documentation for Archeological Sites and Cemeteries.

(a) Projects subject to review for archeological sites and cemeteries under this MOU will be documented by TxDOT in the manner described in this section. Documentation in the project file for each such project will include, at a minimum:

(1) a description of the project, defining the APE or the investigated portion of the APE in three dimensions;

(2) a project location map, plotting the project location on 7.5' Series USGS quadrangle maps;

(3) information regarding the setting that is relevant for the assessment of the integrity of any archeological sites within the APE;

(4) information on previously-recorded archeological sites in the project location;

(5) description and justification of the level of effort undertaken for the investigation; and

(6) results and recommendations.

(b) All TxDOT survey and testing reports will also include:

(1) description and justification of field methods, including the sampling strategy;

(2) description and quantification of any archeological materials identified;

(3) accurate plotting of any sites found on 7.5' Series USGS quadrangle maps;

(6) [(4)] submission of electronic TexSite archeological site survey forms to the Texas Archeological Research Laboratory; and

(7) [(5)] recommendations regarding whether any site merits further investigation.

§2.268. Annual [Quarterly] Reports for Archeological Sites and Cemeteries.

Reports will be submitted by TxDOT to THC at least once per year [quarter], within 60 business days after the end of the calendar year [quarter]. The report will list all projects for which TxDOT has documented that no historic properties and cemeteries are present in the project's area of potential effect, and those projects that will have no adverse effects on archeological historic properties and cemeteries.

§2.270. Projects Excluded from Review for Non-Archeological Historic Properties.

(a) For the purposes of this section, the term designated non-archeological historic properties (DNAHP) will refer only to non-archeological historic properties that are designated SALs, listed in the National Register of Historic Places (NRHP), or are historic bridges (listed in or previously determined eligible for listing in the NRHP).

(b) Based on previous coordination outcomes, TxDOT and THC agree that a project is excluded from non-archeological review if it does not include a DNAHP within the Area of Potential Effect. [the following types of routine roadway projects pose limited potential to affect historic properties:]

(c) [(d)] For review-exempt projects, documentation shall be limited to that maintained in TxDOT's project files. THC may audit TxDOT files for specific projects upon request.

§2.271. Procedures for Project Coordination when the Project Requires Review for Non-Archeological Historic Properties.

(a) Historic properties. For the purposes of this section, the term designated non-archeological historic properties (DNHAP) will refer only to non-archeological historic properties that are designated SALs, listed in the National Register of Historic Places (NRHP), or are historic bridges (listed in or previously determined eligible for listing in the NRHP).

(b) Internal Review Projects. For projects subject to review for DNAHPs [historic properties] under this MOU, TxDOT qualified professional staff shall confirm [determine] the presence [or absence] of DNAHPs [historic properties] in the area of potential effects. [Such efforts should focus on the types of historic properties within public rights-of-way and other sensitive areas, including but not limited to historic bridges, historic road corridors, historic roadside parks and rest areas, historic Depression Era masonry culverts, historic districts, historic courthouse squares and other historic commercial zones.] Project activities that TxDOT determines will have no effect or no adverse effect on DNAHPs [historic properties] may be internally reviewed by TxDOT and are approved for construction.

(c) Coordinated Projects. If TxDOT qualified professional staff determines that a project requires individual coordination with THC for a courthouse review, easement review, notification of any proposed work on a Recorded Texas Historic Landmark (RTHL), or antiquities permit or due to a potential adverse effect on DNAHPs [historic properties], TxDOT shall submit that project to THC.

(1) THC will respond within 20 calendar days of receipt of TxDOT's request for review, in accordance with and pursuant to the terms set out by an interagency contract executed by THC and TxDOT, by indicating whether an affected DNAHP [historic property] will require a historic structures permit for an SAL, whether THC intends to initiate an SAL nomination for the affected property, or whether additional consultation pursuant to a preservation easement or covenant will be required. If THC does not respond within 20 calendar days, TxDOT may assume THC's concurrence with its determinations, and TxDOT [TXDOT] may proceed with the project to construction.

(2) In accordance with Government Code, §442.008 and 13 TAC §17.2 (relating to Review of Work on County Courthouses), TxDOT will notify THC of any work affecting a county courthouse or its surrounding site, up to and including the curb. THC will respond within 20 calendar days of receipt of TxDOT's notification by indicating whether a historic structures permit for an SAL or additional consultation pursuant to a preservation covenant or easement will be required.

(d) Documentation. For projects that are internally reviewed or individually coordinated under subsections (b) and (c) of this section, TxDOT will comply with the following project documentation requirements.

(1) Projects that are internally reviewed under subsection (b) of this section, TxDOT shall retain all documentation in the project file and will provide documentation to the THC upon request with memos and basic project information submitted through the THC's electronic review and compliance (eTRAC) system or other means, as appropriate.

(2) Projects that are individually coordinated under subsection (c) of this section, documentation submitted to THC will include:

(A) project description and scope;

(B) project location map with delineation of the APE and location of DNAHPs [historic properties];

(C) methodology used to identify DNAHPs [historic properties];

(D) photographic and descriptive information for each identified property;

(E) [(F)] justification of effects on DNAHPs [historic properties], including evaluations, reports, and other information relevant to the findings by TxDOT; and

(F) [(G)] a description of efforts to avoid or minimize harm, mitigation, and commitments.

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 September 24, 2026.

TRD-202604141

James Kirk

Deputy General Counsel

Texas Department of Transportation

Earliest possible date of adoption: November 8, 2026

For further information, please call: (512) 416-3001

CHAPTER 15. FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS

SUBCHAPTER N. STATE HIGHWAY PROJECTS FINANCED THROUGH THE ISSUANCE OF BONDS AND OTHER PUBLIC SECURITIES

The Texas Department of Transportation (department) proposes amendments to §15.171 and §15.174, concerning State Highway Projects Financed Through the Issuance of Bonds and Other Public Securities.

EXPLANATION OF PROPOSED AMENDMENTS

The purpose of this rulemaking is to conform the definition of "Texas Highway Trunk System" as used in Chapter 15 of the department's rules to the definition of that term provided in §16.2, Definitions and Acronyms, which is being amended in a companion rulemaking and to replace references to "accident" in Chapter 15 with the term "collision" in conformance with recent changes made by the legislature in statutes related to these rules.

Amendments to §15.171, Definitions, align the definition of Texas Highway Trunk System with that provided in Chapter 16, which contains the rules that provide for the selection of the roadways to be included in that system. The amendments also replace references to "accident" with "collision."

Amendments to §15.174, Safety Projects, replace references to "accident" with "collision."

FISCAL NOTE

Stephen Stewart, Chief Financial Officer, has determined, in accordance with Government Code, §2001.024(a)(4), that 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

Humberto Gonzalez, Jr., Transportation Planning and Programming Division Director, 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

Mr. Gonzalez 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 the improved ability to address additional needs of the transportation system resulting from inconsistencies and outdated information in the rules. The proposed changes are needed to keep the Trunk System relevant and better meet the existing and future needs of Texas.

COSTS ON REGULATED PERSONS

Mr. Gonzalez 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

Mr. Gonzalez has considered the requirements of Government Code, §2001.0221 and anticipates that the proposed rules will have no effect on government growth. He 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

Mr. Gonzalez has determined that a written takings impact assessment is not required under Government Code, §2007.043.

SUBMITTAL OF INFORMATION AND COMMENTS

Any person that is required to comply with the proposed rule or any other interested person may provide information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research, or analysis, or may submit written comments on the amendments to §15.171 Definitions, and §15.174, Safety Projects, both concerning State Highway Projects Financed Through the Issuance of Bonds and Other Public Securities. The information or comments must 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 "Chapter 15 TAC Amendments - Trunk System." The deadline for receipt of the information or comments is 5:00 p.m. on November 9, 2026 In accordance with Transportation Code, §201.811(a)(5), a person who makes a submission must disclose, in writing with the submission, 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.

CROSS REFERENCE TO STATUTES IMPLEMENTED BY THIS RULEMAKING

Transportation Code, §222.003.

§15.171. Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) [(2)] Bond--A public security issued by the State of Texas under the authority of Transportation Code, §222.003, for improvements to the state highway system and secured by a pledge of and payable from revenue deposited to the credit of the state highway fund.

(3) Commission--The Texas Transportation Commission.

(4) Department--The Texas Department of Transportation.

(5) Executive Director--The executive director of the department or the director's designee.

(6) Grade crossing--The intersection of a railroad and a public roadway.

(7) Grade separation--A structure that separates two highways, a highway and a railroad line, a highway and a county road, or a highway and a city street.

(8) Hazard Elimination Program--A federal construction program mandated under 23 U.S.C. §152 to reduce the number and severity of traffic collisions [accidents].

(9) Hazardous location--A location on the state highway system that requires improvement in order to increase safety at a location, as determined by the department through collision [accident] data analysis or engineering judgment.

(10) Highway--A public road, including right of way and all appurtenances, that is on the designated state highway system.

(11) Narrow two-lane highway--A two lane road on the state highway system with a width of less than 24 feet, including any paved shoulder.

(12) Pavement geometry--The vertical, horizontal and pavement structure design elements of a highway or bridge feature.

(13) Safety appurtenance--Highway safety features such as breakaway sign supports, breakaway utility poles, traffic barriers, impact attenuators, traversable terrain, and hardware features such as drainage inlets, barriers, and other safety related fixtures.

(14) Safety project--A project that reduces collisions [accidents] or corrects or improves a hazardous location.

(15) State highway system--The system of highways in the state included in a comprehensive plan prepared by the executive director with the approval of the commission, in accordance with Transportation Code, §201.103.

(16) State highway improvement project--Improvement projects designed to improve mobility, reduce congestion, or make other needed upgrades to the state highway system.

(17) Texas Highway Trunk System--Has the meaning assigned by §16.2 of this title (relating to Definitions and Acronyms) [A planned rural network of four or more lane divided roadways that will serve as a principal connector for Texas cities of greater than 20,000 population as well as major ports and points of entry].

(18) Unified Transportation Program--The 10-year financial plan of the Texas Department of Transportation outlining project development and construction.

§15.174. Safety Projects.

(a) Eligibility. Safety projects are eligible for funding, and include:

(1) projects submitted under the guidelines of the department's Hazard Elimination Program designed to reduce the number and severity of traffic collisions [accidents];

(2) projects designed to increase the width of narrow two-lane highways to a width of 24 feet or greater;

(3) expansion of undivided highways on the Texas Highway Trunk System to [four-lane] divided roadways that consist of four or more lanes [highways];

(4) construction of grade separations at highway intersections;

(5) construction of railroad grade separations eliminating at-grade rail/highway intersections by adding new railroad overpasses or underpasses;

(6) the installation of median traffic barriers;

(7) treatment or removal of roadside fixed objects that may create a roadway safety hazard such as sign or traffic signal supports, lighting supports, vegetation, mailboxes, barriers, bridge rails, fences, culverts, ditches, curbs, embankments, and other items located in the state highway right of way;

(8) improvements at rail/highway at-grade crossings, including active warning devices such as crossing gates, lights, and warning bells;

(9) the installation of sidewalks on state highway right of way to improve pedestrian safety and mobility;

(10) intersection improvements designed to improve pedestrian safety such as the installation of curb ramps;

(11) the installation of turn lanes at highway intersections;

(12) the improvement of geometrics, signal timing, and other general infrastructure improvements to intersections;

(13) the installation or improvement of traffic signals, flashing beacons, and other traffic control devices;

(14) the installation or improvement of safety appurtenances; and

(15) the conversion of two-way frontage roads to one-way frontage roads.

(b) Selection criteria. The department will consider collision [accident] data, traffic volume, pavement geometry, and other conditions that can create or exacerbate hazardous roadway conditions in selecting projects for funding under this section, and one or more of the following criteria:

(1) potential of the candidate project to correct identified safety problems;

(2) the anticipated time required to complete the candidate project;

(3) adherence to all accepted department design standards as well as applicable state and federal law and regulation; and

(4) feasibility of the project.

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 September 24, 2026.

TRD-202604142

James Kirk

Deputy General Counsel

Texas Department of Transportation

Earliest possible date of adoption: November 8, 2026

For further information, please call: (512) 484-9496

CHAPTER 16. PLANNING AND DEVELOPMENT OF TRANSPORTATION PROJECTS

The Texas Department of Transportation (department) proposes amendments to §§16.2, 16.56, and 16.153, concerning Planning and Development of Transportation Projects.

EXPLANATION OF PROPOSED AMENDMENTS

The Texas Highway Trunk System (Trunk System) is a network of highways outside urbanized areas that are designated by the Texas Transportation Commission (commission) as a part of the system. The Trunk System was created in 1990 with the objective of improving mobility and safety in rural Texas; it links centers of domestic and international trade with the state's key economic drivers of agriculture, energy, and timber production areas. The commission's minute order that established the Trunk System provided for periodic review to keep the network relevant and up to date.

The department's Transportation Planning & Programming Division completed a comprehensive Trunk System Study in December 2024. The study revealed that there are inconsistencies and outdated information in the rules. Through meaningful stakeholder engagement, the Trunk System criteria, policies, and procedures were evaluated to determine the required updates to the system and the selection criteria to best reflect current and future needs of the state.

This rulemaking makes changes needed to keep the Trunk System relevant and to better meet the existing and future needs of Texas.

Amendments to §16.2, Definitions and Acronyms, modifies the definition of "Texas Highway Trunk System" and deletes the definition of a term that is no longer used in the chapter.

Amendments to §16.56, Texas Highway Trunk System, make several changes to the review and selection of routes in the Trunk System.

Amendments to §16.153, Funding Categories, updates funding Category 4 to provide clarity.

FISCAL NOTE

Stephen Stewart, Chief Financial Officer, has determined, in accordance with Government Code, §2001.024(a)(4), that 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

Humberto Gonzalez, Jr., Transportation Planning and Programming Division Director, 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

Mr. Gonzalez 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 the improved ability to address additional needs of the transportation system resulting from inconsistencies and outdated information in the rules. The proposed changes are needed to keep the Trunk System relevant and better meet the existing and future needs of Texas.

COSTS ON REGULATED PERSONS

Mr. Gonzalez 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

Mr. Gonzalez has considered the requirements of Government Code, §2001.0221 and anticipates that the proposed rules will have no effect on government growth. He 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

Mr. Gonzalez has determined that a written takings impact assessment is not required under Government Code, §2007.043.

SUBMITTAL OF INFORMATION AND COMMENTS

Any person that is required to comply with the proposed rule or any other interested person may provide information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research, or analysis, or may submit written comments on the amendments to §§16.2, 16.56, and 16.153. The information or comments must 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 "Chapter 16 TAC Amendments- Trunk System." The deadline for receipt of the information or comments is 5:00 p.m. on November 9, 2026. In accordance with Transportation Code, §201.811(a)(5), a person who makes a submission must disclose, in writing with the submission, whether the person does business with the department, may benefit monetarily from the proposed amendments, or is an employee of the department.

SUBCHAPTER A. GENERAL PROVISIONS

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.

CROSS REFERENCE TO STATUTES IMPLEMENTED BY THIS RULEMAKING

Transportation Code, §§201.601, 201.602, 201.608

§16.2. Definitions and Acronyms.

(a) The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Chief financial officer--The chief financial officer of the department, or that officer's designee.

(2) Clean Air Act (CAA)--The Clean Air Act of 1970 and Amendments of 1990 (42 U.S.C. §7401 et seq.), including procedures that apply to all transportation plans, programs, and projects as they relate to air quality.

(3) Commission--The Texas Transportation Commission.

(4) Conformity--Clean Air Act requirements that ensure that federal funding and approval are given to transportation plans, programs, and projects that are consistent with the air quality goals established by the State Implementation Plan.

(5) Corridor--A broad geographic band with no predefined size or scale that follows a general directional flow, providing for the movement of people and freight and connecting major sources of transportation trips. It involves a nominally linear transportation service area that may contain a number of streets, highways, rail, utility, and public transportation route alignments.

(6) Department--The Texas Department of Transportation.

(7) District--One of the geographic areas into which the department is divided in order to conduct its primary work activities.

(8) District engineer--The chief administrative officer in charge of a district, or that officer's designee.

(9) Environmental Protection Agency (EPA)--The agency of the federal government with broad responsibilities for environmental protection and enforcement, including air quality, as it relates to this chapter.

(10) Executive director--The executive director of the department or the executive director's designee.

(11) Federal discretionary programs--Programs that provide the U.S. Department of Transportation with discretion to award funds for specific projects outside of the normal transportation fund formulas. The U.S. Congress may designate the projects that are eligible for discretionary program funds and the scope of discretion may vary depending on the applicable statutory provisions.

(12) Federal Highway Administration (FHWA)--The federal agency primarily responsible for highway transportation.

(13) Federal Railroad Administration (FRA)--The federal agency primarily responsible for railroad transportation.

(14) Federal Transit Administration (FTA)--The federal agency primarily responsible for public transportation.

(15) Governor--The governor of the State of Texas.

(16) Letting--The official act of opening contractors' bids for a proposed highway improvement contract to construct, reconstruct, or maintain a segment of the state highway system, or to construct or maintain a building or other facility appurtenant to a building.

(17) Local transportation entity--An entity that participates in the transportation planning process. The term includes but is not limited to:

(A) a metropolitan planning organization;

(B) a rural planning organization;

(C) a regional tollway authority organized under Transportation Code, Chapter 366;

(D) a regional transportation authority operating under Transportation Code, Chapter 452;

(E) a metropolitan rapid transit authority operating under Transportation Code, Chapter 451;

(F) a rural transit district as defined by Transportation Code, §458.001;

(G) a coordinated county transportation authority operating under Transportation Code, Chapter 460;

(H) a rural rail transportation district operating under Transportation Code, Chapter 172; and

(I) a commuter rail district operating under Transportation Code, Chapter 174.

(18) Metropolitan planning organization (MPO)--The organization or policy board of an organization created and designated under 23 U.S.C. §134 and 49 U.S.C. §5303, as amended, to make transportation planning decisions for the metropolitan planning area and carry out the metropolitan transportation planning process.

(19) [(20)] Mobility projects--Transportation projects that add additional mainlanes to an existing highway facility or construct lanes on a new location and have a length of at least one mile, or any projects that otherwise improve transportation facilities for highways, public transportation, or other modes of transportation to decrease travel time and the level or duration of traffic congestion, and to increase the safe and efficient movement of people and freight.

(20) [(21)] On-system--The system of highways in the state included in a comprehensive plan prepared by the department's executive director under the direction and with the approval of the commission in accordance with Transportation Code, §201.103.

(21) [(22)] Planning organization--A metropolitan planning organization, a rural planning organization, or, for an area that is not in the boundaries of a metropolitan planning organization or a rural planning organization, a district.

(22) [(23)] Public transportation--Transportation of passengers and their hand carried packages or baggage on a regular or continuing basis by means of surface or water conveyance by a public or private entity that receives financial assistance from the Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration, the department, or a local political subdivision.

(23) [(24)] Routes--All or a portion of a selected course of travel between two specific geographic locations.

(24) [(25)] Rural planning organization (RPO)--A voluntary organization created and governed by local elected officials with responsibility for transportation decisions at the local level, including an organization established by a council of governments or regional planning commission designated by the governor pursuant to Local Government Code, Chapter 391, to address rural transportation priorities and planning and provide recommendations to the department for areas of the state not included in the boundaries of a metropolitan planning organization.

(25) [(26)] Rural transportation improvement program (RTIP)--A staged, multiyear, intermodal program of transportation projects and public transportation projects developed by the department, in consultation with local officials, for areas of the state outside of the metropolitan planning area boundaries. The RTIP includes a financially constrained plan that demonstrates how the program can be implemented.

(26) [(27)] State Implementation Plan (SIP)--The latest approved version of the state adopted plan promulgated for each nonattainment or maintenance area to achieve or maintain compliance with the national ambient air quality standards required by the federal Clean Air Act.

(27) [(28)] Subarea--A geographic area with no predefined size or scale that is located within the boundaries of a designated metropolitan planning area.

(28) [(29)] Surface Transportation Program (STP)--The funding program established by 23 U.S.C. §133.

(29) [(30)] Texas Commission on Environmental Quality (TCEQ)--The state agency responsible for coordination of natural resources and air quality for the state, including development of the State Implementation Plan.

(30) [(31)] Texas Highway Trunk System--A rural network of [four-lane or better] divided roadways that consists of four or more lanes and serves [will serve] as a principal connector of [all] Texas cities of greater than [with over] 20,000 population as well as [major] ports [and points] of entry on the international border and Texas water ports[, not to exceed a total system mileage of 11,500 centerline miles].

(31) [(32)] Transportation control measure (TCM)--Any measure used for the purpose of reducing emissions or concentrations of air pollutants from transportation sources by reducing vehicle use or changing traffic flow or congestion conditions.

(32) [(33)] Transportation management area (TMA)--An urbanized area with a population over 200,000 as defined by the U.S. Bureau of the Census and designated by the U.S. Secretary of Transportation, or any additional area where transportation management area designation is requested by the governor and the metropolitan planning organization and designated by the U.S. Secretary of Transportation.

(33) [(34)] Transportation project--The planning, engineering, right of way acquisition, expansion, improvement, addition, or contract maintenance, other than the routine or contracted routine maintenance of a bridge, highway, toll road or toll road system, or railroad, enhancement of a roadway that increases the safety of the traveling public, air quality improvement initiative, or transportation enhancement activity under 23 U.S.C. §101.

(34) [(35)] Transportation reinvestment zone (TRZ)--An area created and designated by a municipality or county under Transportation Code, §§222.106 - 222.108, to promote and fund one or more transportation projects as authorized under that section.

(35) [(36)] Unified Planning Work Program (UPWP)--The governing planning document, prepared by an MPO on an annual or biennial basis, which identifies the transportation planning work to be undertaken within the metropolitan planning area for the applicable period.

(b) Acronyms. The following acronyms, when used in this chapter, are abbreviations for the associated terms. If an associated term is not defined under subsection (a) of this section, a reference is provided to the section in this chapter in which the term is primarily described.

(1) CAA--Clean Air Act.

(2) EPA--Environmental Protection Agency.

(3) FHWA--Federal Highway Administration.

(4) FRA--Federal Railroad Administration.

(5) FTA--Federal Transit Administration.

(6) MPO--Metropolitan planning organization.

(7) MTP--Metropolitan transportation plan, as described in §16.53 of this chapter (relating to Metropolitan Transportation Plan).

(8) RPO--Rural planning organization.

(9) RTIP--Rural transportation improvement program.

(10) SIP--State implementation plan.

(11) SLRTP--Statewide long-range transportation plan, as described in §16.54 of this chapter (relating to Statewide Long-Range Transportation Plan).

(12) STIP--Statewide transportation improvement program, as described in §16.103 of this chapter (relating to Statewide Transportation Improvement Program).

(13) STP--Surface transportation program.

(14) TCEQ--Texas Commission on Environmental Quality.

(15) TCM--Transportation control measure.

(16) TIP--Transportation improvement program, as described in §16.101 of this chapter (relating to Transportation Improvement Program).

(17) TMA--Transportation management area.

(18) TRZ--Transportation reinvestment zone.

(19) UPWP--Unified planning work program.

(20) UTP--Unified transportation program, as described in §16.105 of this chapter (relating to Unified Transportation Program).

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 September 24, 2026.

TRD-202604143

James Kirk

Deputy General Counsel

Texas Department of Transportation

Earliest possible date of adoption: November 8, 2026

For further information, please call: (512) 484-9496

SUBCHAPTER B. TRANSPORTATION PLANNING

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.

CROSS REFERENCE TO STATUTES IMPLEMENTED BY THIS RULEMAKING

Transportation Code, §§201.601, 201.602, 201.608

§16.56. Texas Highway Trunk System.

Routes to be included in and developed as a part of the Texas Highway Trunk System shall be chosen by the [commission as recommended by the] executive director , with advice from the commission, based on one or more of the criteria set out in this section. The commission shall review the Texas Highway Trunk System and criteria for inclusion in the system at least every 10 years to ensure the system aligns with the census data obtained from the federal decennial census. To be included in the Texas Highway Trunk System the executive director [commission] will give consideration to routes:

(1) maximizing the use of existing four-lane divided roadways, including existing interstate highways;

(2) minimizing circuitous or indirect routing;

(3) connecting with [principal] roadways from adjacent states;

(4) connecting with Texas water ports [principal deep water ports with channel depths of 40 feet or more];

(5) connecting with [principal Mexican] ports of entry on the international border;

(6) serving [significant] military or other national security installations;

(7) serving national and state parks and [tourism or] recreational areas;

(8) comprising the Texas Multimodal Freight Network outside of urbanized areas [major truck routes];

(9) [(10)] closing gaps in the existing state highway system; and

(10) [(11)] providing system connectivity, including roadways that will be part of future interstate highways, including the I-14, I-27, and I-69 systems.

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 September 24, 2026.

TRD-202604144

James Kirk

Deputy General Counsel

Texas Department of Transportation

Earliest possible date of adoption: November 8, 2026

For further information, please call: (512) 484-9496

SUBCHAPTER D. TRANSPORTATION FUNDING

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.

CROSS REFERENCE TO STATUTES IMPLEMENTED BY THIS RULEMAKING

Transportation Code, §§201.601, 201.602, 201.608

§16.153. Funding Categories.

(a) Highway program funding categories. The ten-year unified transportation program (UTP) described in §16.105 of this chapter (relating to Unified Transportation Program (UTP)) will contain the following 12 program funding categories for highway related projects:

(1) Category 1 Preventive Maintenance and Rehabilitation - preventive maintenance and rehabilitation on the existing state highway system, including:

(A) Preventive maintenance - minor roadway modifications to improve operations and safety; and

(B) Rehabilitation - installation, rehabilitation, replacement, and maintenance of pavement, bridges, traffic control devices, traffic management systems, and ancillary traffic devices;

(2) Category 2 Metropolitan and Urban Corridor Projects - mobility and added capacity projects along a corridor that improve transportation facilities in order to decrease travel time and the level or duration of traffic congestion, and safety, maintenance, or rehabilitation projects that increase the safe and efficient movement of people and freight in metropolitan and urbanized areas;

(3) Category 3 Non-Traditionally Funded Transportation Projects - transportation related projects that qualify for funding from sources not traditionally part of the state highway fund including state bond financing under programs such as Proposition 12 (General Obligation Bonds), Texas Mobility Fund, pass-through toll financing, unique federal funding, regional toll revenue, and local participation funding;

(4) Category 4 Statewide Connectivity Corridor Projects - mobility and added capacity projects on major state highway system corridors which provide statewide connectivity to and from urban areas and areas of economic activity, as well as the communities along those corridors [between urban areas and corridors], to create a highway connectivity network composed of the Texas Highway Trunk System, National Highway System, and connections from those two systems to [major] ports of entry on the international border [borders] and Texas water ports;

(5) Category 5 Congestion Mitigation and Air Quality Improvement - congestion mitigation and air quality improvement area projects to address attainment of a national ambient air quality standard in the nonattainment areas of the state;

(6) Category 6 Structures Replacement and Rehabilitation - replacement and rehabilitation of deficient existing bridges located on the public highways, roads, and streets in the state, construction of grade separations at existing highway-railroad grade crossings, and rehabilitation of deficient railroad underpasses on the state highway system;

(7) Category 7 Metropolitan Mobility and Rehabilitation (TMA) - transportation needs within the boundaries of designated metropolitan planning areas of metropolitan planning organizations located in a transportation management area;

(8) Category 8 Safety - safety related projects both on and off the state highway system including the federal Highway Safety Improvement Program, Railway-Highway Crossing Program, Safety Bond Program, and High Risk Rural Roads Program;

(9) Category 9 Transportation Alternatives - transportation related activities as described in Chapter 11, Subchapter G, of this title (relating to the Transportation Alternatives Set-Aside Program);

(10) Category 10 Supplemental Transportation Projects - transportation related projects that do not qualify for funding in other categories, including landscape and aesthetic improvement, erosion control and environmental mitigation, construction and rehabilitation of roadways within or adjacent to state parks, fish hatcheries, and similar facilities, replacement of railroad crossing surfaces, maintenance of railroad signals, construction or replacement of curb ramps for accessibility to pedestrians with disabilities, and miscellaneous federal programs;

(11) Category 11 District Discretionary - projects eligible for federal or state funding selected at the district engineer's discretion; and

(12) Category 12 Strategic Priority - projects with specific importance to the state including those that generally promote economic opportunity, increase efficiency on military deployment routes or to retain military assets in response to the federal military base realignment and closure reports, and maintain the ability to respond to both man-made and natural emergencies.

(b) Program funding categories for other modes of transportation and transportation infrastructure. The UTP will contain the following program funding categories for aviation, public transportation, rail, and the state's waterways and coastal waters projects:

(1) Aviation Capital Improvement Program - projects based on the anticipated funding levels of the Federal Aviation Administration Airport Improvement Program and the Texas Aviation Facilities Development Program for general aviation airport development in Texas;

(2) Public transportation - projects based on the anticipated funding levels for public transportation including fixed route city bus service, rural demand response service, special transit service for elderly and persons with disabilities, and intercity bus service from city to city;

(3) Rail - rail related projects including light rail, freight rail, passenger rail, and high-speed rail; and

(4) State waterways and coastal waters - water related projects including lands, easements, and rights of way for the widening, deepening, and expansion of the main channel of the Gulf Intracoastal Waterway (GIWW), including beneficial use projects of dredged material, and other maritime related projects.

(c) Determination of funding allocations. The commission will use a performance-based process to determine, subject to the mandates of state and federal law, the amount of funds to be allocated to each program funding category described in subsection (a) of this section for the appropriate period of time, in order to achieve established performance outcomes. The commission will determine, subject to the mandates of state and federal law and specific requirements contained in other chapters of this title, the amount of funds to be allocated to each program funding category described in subsection (b) of this section for the appropriate period of time.

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 September 24, 2026.

TRD-202604145

James Kirk

Deputy General Counsel

Texas Department of Transportation

Earliest possible date of adoption: November 8, 2026

For further information, please call: (512) 484-9496

CHAPTER 28. OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS

The Texas Department of Transportation (department) proposes the repeal of §§28.20 - 28.22, 28.30 - 28.32, 28.40 - 28.47, 28.60 - 28.67, 28.100 - 28.107, 28.110 - 28.117, and 28.120 - 28.127, and new 28.150 - 28.170, all concerning the authority of certain governmental entities to issue permits for the movement of oversize and overweight vehicles.

EXPLANATION OF PROPOSED REPEAL AND NEW SECTIONS

Seven subchapters of Chapter 28 authorize designated governmental entities to issue oversize or overweight (OS/OW) permits on specified roads. Those subchapters contain duplicative provisions that could be consolidated for uniformity and efficiency. The Texas Regulatory Efficiency Office (TREO), in its Regulatory Efficiency Review of the department, recommended several changes to Chapter 28 provisions relating to that authority. This rulemaking updates and streamlines the department's rules, addresses TREO's recommendations, and significantly reduces the rules' word count.

Subchapter C, Port of Brownsville Permits (§§28.20 - 28.22) is repealed.

Subchapter D, Chambers County Permits (§§28.30 - 28.32) is repealed.

Subchapter E, Victoria County Navigation District Permits (§§28.40 - 28.47) is repealed.

Subchapter F, Port Freeport Navigation District Permits (§§28.60 - 28.67) is repealed.

Subchapter H, Port Freeport Navigation District Permits (§§28.100 - 28.107) is repealed.

Subchapter I, Port of Harlingen Authority Permits (§§28.110 - 28.117) is repealed.

Subchapter J, Port of Palacios Permits (§§28.120 - 28.127) is repealed.

New Subchapter K, Issuance of Permits for Oversize or Overweight Vehicles by Other Governmental Entities (§§28.150 - 28.170), provides the authorization and requirements for certain governmental entities to issue permits for the movement of oversize or overweight vehicles carrying cargo on designated roads in accordance with Transportation Code, Chapter 623. The new subchapter consolidates and reorganizes current rules, primarily with no substantive changes.

New §28.150, Purpose and Structure of Subchapter, provides the purpose of the new subchapter and explains that §§28.151 - 28.162 set out the provisions that apply to all of the governmental entities. Section 28.163 and the following sections are provisions that are specific to each governmental entity.

New §28.151, Definition, provides a definition of entity for the purposes of the subchapter.

New §28.152, Maintenance Agreement; Security Bond, requires an entity to enter into a maintenance agreement with the department before it will be authorized to issue permits for the movement of oversize or overweight vehicles. The section authorizes the department to require a $500,000 surety bond for maintenance of designated roadways that are subject to the movement of those vehicles.

New §28.153, Duties of Entity, provides the entity's obligations for being authorized to issue permits under the new subchapter.

New §28.154, Audits, states that the department will conduct audits to ensure compliance with applicable law.

New §28.155, Revocation of Permit Authority, provides the process for the revocation of the authority granted under this subchapter. This section clarifies that the authority may be revoked if the department determines that the entity issued a permit to a motor carrier whose certificate of registration was suspended or revoked by the Texas Department of Motor Vehicles.

New §28.156, Fees, covers the fees charged by an entity for a permit issued under the new subchapter.

New §28.157, Eligibility for Permit, provides the eligibility requirements for being issued a permit under the new subchapter.

New §28.158, Permit Application Form, provides that a permit application form is subject to the department's approval.

New §28.159, Permit, provides general requirements for the form, use, and validity of a permit issued under the subchapter.

New §28.160, Permit Size and Weight Limits for Axles, provides the maximum size and weight limits for vehicle movement under a permit issued under the subchapter.

New §28.161, Weight Measurements, describes the requirements for scales used for the measurement of weight.

New §28.162, Movement Requirements and Restrictions, sets out the limitations on the movement of vehicles under permits issued under the subchapter.

New §28.163, Port of Brownsville, authorizes the department to enter into an agreement with the Brownsville Navigation District (Port of Brownsville) for the port to issue oversize or overweight permits.

New §28.164, Port Freeport Navigation District, authorizes the department to enter into an agreement with Port Freeport for the port to issue oversize or overweight permits.

New §28.165, Port of Harlingen Authority, authorizes the department to enter into an agreement with the Port of Harlingen Authority for the port to issue oversize or overweight permits.

New §28.166, Port of Palacios, authorizes the department to enter into an agreement with the Port of Palacios for the port to issue oversize or overweight permits.

New §28.167, Victoria County Navigation District, authorizes the department to enter into an agreement with the Victoria County Navigation District for the district to issue oversize or overweight permits. The rule provides that as an exception to the general weight limit set out §28.160(b), the gross weight limit for travel on the designated roads is 140,000 pounds.

New §28.168, Chambers County, authorizes the department to enter into an agreement with Chambers County for the county to issue oversize or overweight permits. The rule provides that as an exception to the general weight limit set out §28.160(b), the gross weight limit for travel on the designated roads is 100,000 pounds.

New §28.169, Hidalgo County Regional Mobility Authority, authorizes the department to enter into an agreement with the Hidalgo County Regional Mobility Authority for the county to issue oversize or overweight permits. The rule provides an exception to the surety bond authority under §28.152(c). Transportation Code, §623.370, requires the authority to file a surety bond with the department and requires the department to set the amount of the bond.

New §28.170, City of Laredo, authorizes the department to enter into an agreement with the City of Laredo for the port to issue oversize or overweight permits. The rule refers to Transportation Code, §623.382, which has requirements that differ from the generally applicable surety bond authority provided by §28.152(c).

FISCAL NOTE

Stephen Stewart, Chief Financial Officer, has determined, in accordance with Government Code, §2001.024(a)(4), that 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

Jace Lee, Maintenance Division Director, 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

Mr. Lee 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 increased clarity, transparency, and consistency in the oversize and overweight permitting process. The simplified rules will make permit requirements easier to understand and navigate, promoting more efficient freight movement, enhancing customer service, and supporting economic activity throughout Texas.

COSTS ON REGULATED PERSONS

Mr. Lee 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

Mr. Lee has considered the requirements of Government Code, §2001.0221 and anticipates that the proposed rules will have no effect on government growth. He 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.

SUBMITTAL OF INFORMATION AND COMMENTS

Any person that is required to comply with the proposed rule or any other interested person may provide information related to the cost, benefit, or effect of the proposed rule, including any applicable data, research, or analysis, or may submit written comments on the repeal of §§28.20 - 28.22, 28.30 - 28.32, 28.40 - 28.47, 28.60 - 28.67, 28.100 - 28.107, 28.110 - 28.117, and 28.120 - 28.127, and proposed new §§28.150 - 28.170. The information or comments must 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 "Oversize Overweight vehicles." The deadline for receipt of the information or comments is 5:00 p.m. on November 9, 2026. In accordance with Transportation Code, §201.811(a)(5), a person who makes a submission must disclose, in writing with the submission, whether the person does business with the department, may benefit monetarily from the proposed amendments, or is an employee of the department.

SUBCHAPTER C. PORT OF BROWNSVILLE PERMITS

STATUTORY AUTHORITY

The repeals 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, §§623.239, 623.259, 623.288, 623.310, 623.369, and 623.390, which authorize the commission to adopt rules to implement Subchapters L, M, O, P, S, and T, respectively.

CROSS REFERENCE TO STATUTES IMPLEMENTED BY THIS RULEMAKING

Transportation Code, Chapter 623, Subchapters K, L, M, O, P, S, and T.

§28.20. Purpose.

§28.21. Responsibilities.

§28.22. Permit Issuance Requirements and Procedures.

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 September 24, 2026.

TRD-202604146

James Kirk

Deputy General Counsel

Texas Department of Transportation

Earliest possible date of adoption: November 8, 2026

For further information, please call: (512) 416-3048

SUBCHAPTER D. CHAMBERS COUNTY PERMITS

STATUTORY AUTHORITY

The repeals 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, §§623.239, 623.259, 623.288, 623.310, 623.369, and 623.390, which authorize the commission to adopt rules to implement Subchapters L, M, O, P, S, and T, respectively.

CROSS REFERENCE TO STATUTES IMPLEMENTED BY THIS RULEMAKING

Transportation Code, Chapter 623, Subchapters K, L, M, O, P, S, and T.

§28.30. Purpose.

§28.31. Responsibilities.

§28.32. Permit Issuance Requirements and Procedures.

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 September 24, 2026.

TRD-202604147

James Kirk

Deputy General Counsel

Texas Department of Transportation

Earliest possible date of adoption: November 8, 2026

For further information, please call: (512) 416-3048

SUBCHAPTER E. VICTORIA COUNTY NAVIGATION DISTRICT PERMITS

STATUTORY AUTHORITY

The repeals 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, §§623.239, 623.259, 623.288, 623.310, 623.369, and 623.390, which authorize the commission to adopt rules to implement Subchapters L, M, O, P, S, and T, respectively.

CROSS REFERENCE TO STATUTES IMPLEMENTED BY THIS RULEMAKING

Transportation Code, Chapter 623, Subchapters K, L, M, O, P, S, and T.

§28.40. Purpose.

§28.41. Definition.

§28.42. District's Powers and Duties.

§28.43. Permit Eligibility.

§28.44. Permit Issuance Requirements and Procedures.

§28.45. Permit Weight Limits for Axles.

§28.46. Movement Requirements and Restrictions.

§28.47. Records.

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 September 24, 2026.

TRD-202604148

James Kirk

Deputy General Counsel

Texas Department of Transportation

Earliest possible date of adoption: November 8, 2026

For further information, please call: (512) 416-3048

SUBCHAPTER F. PORT FREEPORT NAVIGATION DISTRICT PERMITS

STATUTORY AUTHORITY

The repeals 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, §§623.239, 623.259, 623.288, 623.310, 623.369, and 623.390, which authorize the commission to adopt rules to implement Subchapters L, M, O, P, S, and T, respectively.

CROSS REFERENCE TO STATUTES IMPLEMENTED BY THIS RULEMAKING

Transportation Code, Chapter 623, Subchapters K, L, M, O, P, S, and T.

§28.60. Purpose.

§28.61. Definition.

§28.62. District's Powers and Duties.

§28.63. Permit Eligibility.

§28.64. Permit Issuance Requirements and Procedures.

§28.65. Permit Weight Limits for Axles.

§28.66. Movement Requirements and Restrictions.

§28.67. Records.

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 September 24, 2026.

TRD-202604149

James Kirk

Deputy General Counsel

Texas Department of Transportation

Earliest possible date of adoption: November 8, 2026

For further information, please call: (512) 416-3048

SUBCHAPTER H. HIDALGO COUNTY REGIONAL MOBILITY AUTHORITY PERMITS

STATUTORY AUTHORITY

The repeals 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, §§623.239, 623.259, 623.288, 623.310, 623.369, and 623.390, which authorize the commission to adopt rules to implement Subchapters L, M, O, P, S, and T, respectively.

CROSS REFERENCE TO STATUTES IMPLEMENTED BY THIS RULEMAKING

Transportation Code, Chapter 623, Subchapters K, L, M, O, P, S, and T.

§28.100. Purpose.

§28.101. Definition.

§28.102. Authority's Powers and Duties.

§28.103. Permit Eligibility.

§28.104. Permit Issuance Requirements and Procedures.

§28.105. Permit Weight Limits for Axles.

§28.106. Movement Requirements and Restrictions.

§28.107. Records.

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 September 24, 2026.

TRD-202604150

James Kirk

Deputy General Counsel

Texas Department of Transportation

Earliest possible date of adoption: November 8, 2026

For further information, please call: (512) 416-3048

SUBCHAPTER I. PORT OF HARLINGEN AUTHORITY PERMITS

STATUTORY AUTHORITY

The repeals 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, §§623.239, 623.259, 623.288, 623.310, 623.369, and 623.390, which authorize the commission to adopt rules to implement Subchapters L, M, O, P, S, and T, respectively.

CROSS REFERENCE TO STATUTES IMPLEMENTED BY THIS RULEMAKING

Transportation Code, Chapter 623, Subchapters K, L, M, O, P, S, and T.

§28.110. Purpose.

§28.111. Definition.

§28.112. Authority's Powers and Duties.

§28.113. Permit Eligibility.

§28.114. Permit Issuance Requirements and Procedures.

§28.115. Permit Weight Limits for Axles.

§28.116. Movement Requirements and Restrictions.

§28.117. Records.

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 September 24, 2026.

TRD-202604151

James Kirk

Deputy General Counsel

Texas Department of Transportation

Earliest possible date of adoption: November 8, 2026

For further information, please call: (512) 416-3048

SUBCHAPTER J. PORT OF PALACIOS PERMITS

STATUTORY AUTHORITY

The repeals 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, §§623.239, 623.259, 623.288, 623.310, 623.369, and 623.390, which authorize the commission to adopt rules to implement Subchapters L, M, O, P, S, and T, respectively.

CROSS REFERENCE TO STATUTES IMPLEMENTED BY THIS RULEMAKING

Transportation Code, Chapter 623, Subchapters K, L, M, O, P, S, and T.

§28.120. Purpose.

§28.121. Definition.

§28.122. Authority's Powers and Duties.

§28.123. Permit Eligibility.

§28.124. Permit Issuance Requirements and Procedures.

§28.125. Permit Weight Limits for Axles.

§28.126. Movement Requirements and Restrictions.

§28.127. Records.

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 September 24, 2026.

TRD-202604152

James Kirk

Deputy General Counsel

Texas Department of Transportation

Earliest possible date of adoption: November 8, 2026

For further information, please call: (512) 416-3048

SUBCHAPTER K. ISSUANCE OF PERMITS FOR OVERSIZE OR OVERWEIGHT VEHICLES BY OTHER GOVERNMENTAL ENTITIES

STATUTORY AUTHORITY

The new sections 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, §§623.239, 623.259, 623.288, 623.310, 623.369, and 623.390, which authorize the commission to adopt rules to implement Subchapters L, M, O, P, S, and T, respectively.

CROSS REFERENCE TO STATUTES IMPLEMENTED BY THIS RULEMAKING

Transportation Code, Chapter 623, Subchapters K, L, M, O, P, S, and T.

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 September 24, 2026.

TRD-202604153

James Kirk

Deputy General Counsel

Texas Department of Transportation

Earliest possible date of adoption: November 8, 2026

For further information, please call: (512) 416-3048