The following words and terms, when used in this subchapter,
shall have the following meanings, unless the context clearly indicates
(1) Commission--The Texas Transportation Commission.
(2) Construction cost--All direct and indirect costs
identified by the department's cost accounting system to a highway
improvement or other transportation project, other than for right
of way acquisition, preliminary engineering, and construction engineering.
(3) Construction engineering cost/expenses--Engineering
or project administration costs and expenses incurred, including indirect
costs and expenses identified by the department's cost accounting
system, on a highway improvement or other transportation project after
(4) Department--The Texas Department of Transportation.
(5) District office--One of the 25 geographical areas,
managed by a district engineer, in which the department conducts its
primary work activities.
(6) Economically disadvantaged county--A county described
by Transportation Code, §222.053(a) or (a-1), as determined from
data provided by the Texas Comptroller of Public Accounts and the
Federal Emergency Management Agency as appropriate.
(7) Eligible utilities--Costs of utility adjustments,
required by a highway improvement or other transportation project,
that are eligible, in accordance with federal and state law, for reimbursement
by the department.
(8) Executive director--The executive director of the
department, or a designee.
(9) Federal funds--Financial assistance provided by
the federal government for highway improvement and other transportation
(10) Highway improvement project--A project which provides
for the design, construction, improvement, or enhancement of a public
road, including bridges, culverts, or other appurtenances related
to public roads, either on or off the state highway system.
(11) Local government--Any county, city, other political
subdivision of this state, or special district that has the authority
to finance a highway improvement or other transportation project.
(12) Local participation--Financial assistance provided
by a local government to participate in costs associated with highway
improvement or other transportation projects.
(13) Matching funds/participation ratio--Those portions
of funds required or chargeable for the contribution toward a highway
improvement or other transportation project's cost by a local government.
(14) National Highway System (NHS)--A part of the National
Intermodal Transportation System consisting of the National System
of Interstate and Defense Highways and those principal arterial roads
which are essential for interstate and regional commerce and travel,
national defense, intermodal transfer facilities, and international
commerce and border crossings as designated by the United States Congress
by criteria set forth in federal law.
(15) Off-State Highway System Bridge Program--A federally
mandated program by which federal funds are made available to replace
or rehabilitate bridges under the jurisdiction of a local government
and not on the state highway system.
(16) Preliminary engineering cost/expenses--Costs and
expenses incurred, including indirect costs and any other expenses
identified by the department's cost accounting system, on a highway
improvement project before construction contract award.
(17) Reconstruction--The primary activities involving
the rebuilding of a segment of highway along the existing route as
well as those associated with the acquisition of rights of way where
necessary to upgrade to current standards.
(18) Rehabilitation--The primary activities to restore,
or re-establish in good condition, a segment of highway (not including
the construction of additional travel lanes, other than high occupancy
vehicle lanes or auxiliary lanes).
(19) Reservoir agency--A public or private agency that
has the authority to construct, maintain, or operate a reservoir facility.
(20) Right of way acquisition--That process identified
with the procurement of real property, access rights, mineral rights,
and easements permitted in accordance with state law for the construction
of approved highway improvement or other transportation projects.
(21) Right of way costs--All direct and indirect costs
identified by the department's cost accounting system for the acquisition
of land or an interest in land necessary for the development of a
highway improvement or other transportation project (including access
rights to abutting properties, eligible utility relocation/adjustment
costs, and other direct expenses when specified in the agreement).
(22) State funds--Money received by the department,
other than federal funds, funds in excess of minimum requirements,
or local participation, to be expended for highway improvement and
other transportation projects.
(23) State highway 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.
(24) State highway system routes--Those state numbered
routes designated as a part of the state highway system.
(25) Transportation project--A transportation improvement
project or transportation-related program that is not a highway improvement
project and that is fully or partially funded with state or federal
(26) Utility relocation/adjustment costs--Costs of
work related to the adjustment, relocation, and removal of utility
facilities accomplished in accordance with §21.21 of this title
(relating to State Participation in Relocation, Adjustment, and/or
Removal) and Chapter 21, Subchapter C of this title (relating to Utility
|Source Note: The provisions of this §15.51 adopted to be effective June 16, 1995, 20 TexReg 4122; amended to be effective September 26, 1996, 21 TexReg 8957; amended to be effective January 1, 1998, 22 TexReg 12090; amended to be effective November 22, 1998, 23 TexReg 11661; amended to be effective February 21, 1999, 24 TexReg 1194; amended to be effective September 19, 2002, 27 TexReg 8776; amended to be effective January 9, 2005, 29 TexReg 12241; amended to be effective April 19, 2012, 37 TexReg 2686; amended to be effective May 14, 2014, 39 TexReg 3733; amended to be effective July 17, 2019, 44 TexReg 3551; amended to beeffective December 4, 2019, 44 TexReg 7416