Tex. Transp. Code Section 201.6035
Authorization to Participate in Certain Federal Transportation Programs

(a)

The department may assume responsibilities of the United States Department of Transportation with respect to duties under the National Environmental Policy Act of 1969 (42 U.S.C. Section 4321 et seq.) and with respect to duties under other federal environmental laws. The department may:

(1)

assume responsibilities under 23 U.S.C. Sections 326 and 327; and

(2)

enter into one or more agreements, including memoranda of understanding, with the United States secretary of transportation related to:

(A)

designating categorical exclusions from federally required environmental assessments or impact statements for highway projects as provided by 23 U.S.C. Section 326; or

(B)

the federal surface transportation project delivery program for the delivery of transportation projects, including highway, railroad, public transportation, and multimodal projects, as provided by 23 U.S.C. Section 327.

(b)

The commission may adopt rules to implement this section and may adopt relevant federal environmental standards as the standards for this state for a program described by Subsection (a).

(c)

Except as provided by Subsection (d), sovereign immunity to suit in federal court and from liability is waived and abolished with regard to the compliance, discharge, or enforcement of a responsibility assumed by the department under this section.

(d)

Subsection (c) does not create liability for the department that exceeds the liability created under 23 U.S.C. Section 326(c)(3) or 327(d).
Added by Acts 2013, 83rd Leg., R.S., Ch. 86 (S.B. 466), Sec. 1, eff. May 18, 2013.

Source: Section 201.6035 — Authorization to Participate in Certain Federal Transportation Programs, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­201.­htm#201.­6035 (accessed Jun. 5, 2024).

201.001
Definitions 201.002
Operating Expenses 201.003
Title Changes 201.051
Commission 201.052
Terms 201.053
Chair of the Commission 201.054
Commission Meetings 201.056
Compensation 201.057
Grounds for Removal 201.058
Information on Qualifications and Conduct 201.059
Commission Member Training 201.101
Rules 201.102
Separation of Responsibilities 201.103
Comprehensive System of Highways and Roads 201.104
Designation of Farm-to-market Roads 201.105
Department Districts 201.106
Settlement of Claims 201.108
Internal Auditor 201.109
Revenue Enhancement 201.110
Contract with Adjoining State for Improvement of Road Crossing States’ Boundary 201.111
Recommendation of Engineer 201.112
Contract Claims 201.113
Agreements with Regional Tollway Authorities 201.114
Border Trade Advisory Committee 201.115
Borrowing Money 201.116
Application Requirement for Colonias Projects 201.117
Advisory Committees 201.118
Negotiated Rulemaking 201.119
Legislative Appropriations Request 201.201
Governance of Department 201.202
Divisions 201.203
Department Office 201.204
Sunset Provision 201.205
Protection and Use of Intellectual Property and Publications 201.206
Donations and Contributions 201.207
Cross-border Transportation and Infrastructure Meetings 201.208
Payment of Fees for Department Goods and Services 201.209
Authority to Contract 201.210
Legislative Lobbying 201.211
Ethics Affirmation and Hotline 201.301
Executive Director 201.302
State Road Map 201.303
Use of University Laboratories for Analyzing Materials 201.401
Employee Qualifications 201.402
Equal Employment Opportunity 201.403
Hiring Women and Minorities 201.404
Employee Programs 201.405
Exchange of Engineers with Mexico 201.406
Relocation Assistance 201.407
Training on Smuggling and Trafficking of Persons 201.451
Establishment and Purpose 201.452
Investigation Oversight 201.453
Initiation of Investigations 201.454
Reports 201.455
Cooperation with Law Enforcement Officials and Other Entities 201.456
Authority of State Auditor 201.501
Reproduction of Records 201.502
Retention of Deed 201.503
Disposal of Records 201.601
Statewide Transportation Plan 201.602
Project Selection Hearings 201.603
Agreement with Other Agencies for Roads 201.604
Environmental Review 201.606
Property in Endangered Species Habitat 201.607
Environmental, Historical, or Archeological Memorandum of Understanding 201.608
Projects for Traffic from International Trade 201.609
Notice to Legislators of Completed Projects 201.610
Highway Sound Barriers 201.611
Coordination of Flood Control 201.612
Approval by Commission of Bridge over Rio Grande 201.613
One-stop Border Inspection Facilities 201.614
Safe Routes to School Program 201.615
Design Considerations 201.616
Annual Report to Legislature on Certain Matters 201.617
Mitigation of Adverse Environmental Impacts 201.618
Hydrogen-fueled Vehicles and Refueling Stations 201.619
Cooperative Planning with Counties 201.620
Coordination with Metropolitan Planning Organizations to Develop Long-term Planning Assumptions 201.621
Motorcyclist Safety and Share the Road Campaign 201.622
Wildfire Emergency Evacuation Route 201.624
Move over or Slow down Campaign 201.625
Trailer Attachment Campaign 201.671
Definitions 201.672
Coordination 201.673
Report 201.701
Funds for Emergency Medical Services 201.702
Disadvantaged Business Program 201.703
Expenditures for Roads Not on the Highway System 201.704
Contract for Repair or Maintenance of Equipment 201.705
Aesthetic Entrances and Ornamental Decorations 201.706
Local Government Assistance 201.707
Agreements for Services on Regional Tollway Authority Projects 201.710
Planning and Funding of Ports of Entry 201.711
Purchase of Food and Beverages for Certain Department Employees Responding to Emergencies or Disasters 201.712
Purchase of Cybersecurity Insurance 201.751
Definitions 201.752
Standards 201.753
Environmental Review Limited to Certain Projects 201.754
Scope of Project 201.755
Notice to Department 201.756
Local Government Sponsor Responsibilities 201.757
Determination of Administratively Complete Environmental Review Document 201.758
Department Declines to Confirm that Document Is Administratively Complete 201.759
Review Deadlines 201.760
Suspension of Time Periods 201.761
Agreement Between Local Government Sponsor and Department 201.762
Reports to Commission and Legislature 201.801
Complaints 201.802
Public Access to Commission and to Department Programs 201.803
Information for Road Construction and Maintenance 201.804
Submission of Bridge Design Plans to Department 201.805
Reports and Information 201.806
Collision Reports 201.807
Project Information Reporting System 201.808
Transportation Expenditure Priorities 201.809
Statewide Transportation Report 201.810
Department Information Consolidation 201.811
Public Involvement Policy 201.812
Report on Completed Highway Construction Projects 201.901
Prohibiting Use of Highway or Road 201.902
Road Use by Bicyclists 201.903
Classification, Designation, and Marking of Highways 201.904
Speed Signs 201.905
Traffic Safety Signs 201.906
Multimodal Road Use 201.907
Contract for Enforcement 201.908
Removing or Covering Signs in Construction or Maintenance Work Zone 201.909
Memorial Sign Program 201.910
Memorial Markers for Certain Peace Officers Killed in Line of Duty 201.911
Memorial Sign Program for Motorcyclists 201.931
Definitions 201.932
Application for and Issuance of License 201.933
Digital Signature 201.934
Payment of Fees 201.941
Definitions 201.942
Administration of Fund 201.943
Authority to Issue Obligations 201.944
Pledge of State’s Full Faith and Credit 201.945
Dedication of Revenue to Fund 201.946
Investment and Uses of Money in Fund 201.947
Strategic Plan 201.961
Definitions 201.962
Notes Authorized 201.963
Issuance of Notes 201.964
Fund Transfers 201.971
Definitions 201.972
Administration of Fund 201.973
Authority to Issue Obligations 201.974
Pledge of State’s Full Faith and Credit 201.975
Dedication of Revenue to Fund 201.976
Investment and Uses of Money in Fund 201.977
Strategic Plan 201.978
Acquisition and Disposal of Property 201.980
Texas Flags at International Ports-of-entry 201.991
Unified Transportation Program 201.992
Annual Update to Unified Transportation Program 201.993
Annual Funding and Cash Flow Forecasts 201.994
Major Transportation Projects 201.995
Priority Projects in Program Categories 201.996
Funding Allocation 201.997
Fund Distribution 201.998
District Project Portfolios 201.1055
Agreements with Private Entities 201.1056
Agreements for Services on Federal Military Property 201.1075
Chief Financial Officer 201.2001
Honorable Hilary B 201.2002
Edmund P 201.2003
Nelda Laney Safety Rest Areas 201.2035
Accounting Structure 201.2041
Submission of Financial Audit to Sunset Commission 201.6011
International Trade Corridor Plan 201.6012
Coordination of Statewide Passenger Rail System 201.6013
Long-term Plan for Statewide Passenger Rail System 201.6015
Integration of Plans and Policy Efforts 201.6035
Authorization to Participate in Certain Federal Transportation Programs 201.8035
Inspection of County and Municipal Bridges 201.8075
Statewide Transportation Plan Dashboard 201.9025
Texas Bicycle Tourism Trails 201.9901
Definitions 201.9932
Project Recommendation Criteria 201.9991
Prioritization and Approval of Projects by Commission 201.9992
Roles and Responsibilities of Department and Metropolitan Planning Organizations
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 201.6035’s source at texas​.gov