(a) Changes in funding. Changes in the allocation of
funds under §16.153 or §16.154 of this subchapter (relating
to Funding Categories and Transportation Allocation Funding Formulas,
respectively) may result from significant changes in the department's
funding and consideration of performance results.
(b) Allocation revisions. If a significant change in
funding is identified by the department's chief financial officer
in an updated planning cash flow forecast prepared and published in
accordance with §16.152(a) of this subchapter (relating to Cash
Flow Forecasts), the commission may revise the allocation of funds
to each program funding category or from the program funding categories
to the districts and metropolitan planning organizations (MPO) and
may approve:
(1) a specific percentage increase or decrease in the
allocation of funds and, subject to the mandates of state and federal
law, apply the percentage change equally to each program funding category;
or
(2) an increase or decrease in the allocation of funds
to one or more program funding categories, after considering the:
(A) total amount of the change;
(B) priority of the funding category based on performance
results and the category's relationship to the stated commission goals
as provided in the statewide long-range transportation plan under §16.54
of this chapter (relating to Statewide Long-Range Transportation Plan
(SLRTP));
(C) mandates of state and federal law; and
(D) best interests of the state.
(c) Adjustment of programs. After the commission approves
a change in the allocation of funds to a program funding category
under subsection (b) of this section, the funds allocated to individual
districts and MPOs will be adjusted and the unified transportation
program, statewide transportation improvement program, and metropolitan
transportation improvement programs will be revised in accordance
with the applicable change in funding. Specific projects will be advanced
or delayed in the order of the planning organization's and department's
listed priorities in the applicable programs.
(d) Letting. If a significant change in funding is
identified by the department's chief financial officer in an updated
base cash flow forecast prepared and published in accordance with §16.152(b)
of this subchapter (relating to Cash Flow Forecasts), the chief financial
officer may revise the letting schedule to maintain the constraint
of the base cash flow forecast. Projects eligible for letting include
all authorized projects or allocation programs covered in the unified
transportation program or the statewide transportation improvement
program. Specific projects will be advanced or delayed relative to
the order of listed priorities in the applicable programs, fund source
eligibility, and the completion of project benchmarks sufficient to
proceed to construction.
(e) Public involvement. The department will hold at
least one statewide public hearing regarding a proposed change in
the allocation of funds to a program funding category under this section
with an available comment period of at least 30 days after the date
the hearing notice appears in the Texas Register
in accordance with the procedures set forth in §16.105(g)
of this chapter (relating to Unified Transportation Program (UTP)).
(f) Publication. Documents describing each change in
the allocation of funds to a program funding category will be available
for viewing by the public on the department's website and at each
of the district offices and at the department's Financial Management
Division offices in Austin.
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Source Note: The provisions of this §16.160 adopted to be effective January 1, 2011, 35 TexReg 8388; amended to be effective November 15, 2012, 37 TexReg 8981; amended to be effective January 1, 2017, 41 TexReg 10670; amended to be effective September 1, 2018, 43 TexReg 5240 |