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RULE §2.101General Requirements

(a) Guidelines. The department will publish guidelines that identify a selection of outreach methods that project sponsors may choose in collaboration with the department delegate to inform the public and maximize participation in the public involvement process. Outreach methods may include posting information on a website, publishing a notice in the newspaper, or use of changeable message signs.

(b) Notification to interested parties. Each project sponsor shall maintain a list of elected public officials, individuals, and affected interest groups that have expressed an interest in a transportation project. The project sponsor will provide notification to these individuals and groups of any public participation opportunities related to the project, apart from a Notice and Opportunity to Comment.

(c) Minimum Requirements. This subchapter establishes the minimum requirements for public participation for a project.

(d) FHWA Transportation Projects. For an FHWA transportation project, in addition to the public participation requirements set forth in this subchapter, the project sponsor will comply with any additional public participation or coordination requirements that may apply under Federal law, such as the requirements at 23 U.S.C. §139, 23 U.S.C §128 and 40 C.F.R. Part 1500. To the extent there is a conflict between this subchapter and an applicable Federal law, the Federal law will prevail.

(e) Limited English Proficiency. The project sponsor, in consultation with the department delegate, will determine whether any notice required by this chapter must be provided in a language, in addition to English, to comply with Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (LEP).

(f) Joint Public Participation. The department may collaborate with local governments, metropolitan planning organizations, or other transportation entities to conduct joint public participation activities. Public participation hosted by other entities may satisfy department public participation requirements provided the requirements established in this subchapter are met.

Source Note: The provisions of this §2.101 adopted to be effective April 16, 2014, 39 TexReg 2941; amended to be effective September 19, 2018, 43 TexReg 5987

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