|(a) Purpose. A public hearing is held to present project
alternatives and to encourage and solicit public comment.
(b) When to hold a public hearing. A project sponsor
will hold a public hearing if:
(1) an agency with jurisdiction over the project submits
a written request for a hearing that is supported by reasons why a
hearing will be helpful, or ten or more individuals submit a written
request for a hearing, except that a public hearing is not required
under this paragraph if:
(A) a public hearing has been held concerning the project
before the request or requests are received;
(B) the hearing request or requests are received after
the environmental review document or documentation of categorical
exclusion for the project is approved;
(C) the hearing request or requests are received after
the deadline specified in a notice issued under §2.106 of this
subchapter (relating to Opportunity for Public Hearing); or
(D) the project sponsor has addressed all concerns
of the agency or persons requesting the public hearing;
(2) the department delegate determines it is in the
public interest; or
(3) the project is:
(A) a project with substantial public interest or controversy;
(B) an EIS project; or
(C) subject to subsection (c) of this section, a project
that substantially changes the layout or function of a connecting
roadway or an existing facility, including but not limited to the
addition of managed lanes, high-occupancy vehicle lanes, bicycle lanes,
bus lanes, and transit lanes.
(c) Exceptions for certain types of actions relating
to bicycle lanes.
(1) For purposes of subsection (b)(3)(C) of this section,
none of the following actions are considered to substantially change
the layout or function of a connecting roadway or an existing facility:
(A) striping bicycle lanes when the pre-existing roadway
already accommodated bicycles;
(B) striping one or more non-continuous bicycle lanes
approaching or through intersections, driveways, or other conflict
(C) striping bicycle lanes not along, but across a
roadway at an intersection to allow the continuation of planned or
existing bicycle lanes on crossing local streets or other bicycle
(2) Notwithstanding subsection (b) of this section,
a hearing is not required under this section by the addition of bicycle
lanes to a roadway if the project was addressed in a local hearing
held under §25.55 of this title (relating to Comment Solicitation
on Bicycle Road Use).
(d) Notice requirements.
(1) At a minimum, the project sponsor will publish
one notice of the hearing in a local newspaper having general circulation
in the area affected by the project. If there is no local newspaper
in the area affected by the project, the project sponsor will publish
notice in a newspaper having general circulation in the area affected
by the project. For a project that constructs a reliever route, notice
must also be published in a newspaper of general circulation in the
(2) In addition to the other notice required by this
subsection, the project sponsor will select a minimum of one additional
outreach method to inform the public of the public hearing.
(3) The project sponsor will provide notice of the
public hearing to landowners abutting the roadway within the proposed
project limits, as identified by tax rolls or other reliable land
ownership records, and to affected local governments and public officials.
(4) The project sponsor will provide notice of the
public hearing to any public official, individual, or affected interest
group that has expressed interest in the relevant transportation project.
(5) Notice of public hearing will be provided under
this section at least 15 days prior to the date of the public hearing.
If the notice is sent by United States mail, the notice is considered
to be provided on the third day after the date of mailing.
(e) Procedural requirements.
(1) The hearing will be held after preliminary location
and design studies are developed and, if an environmental review document
is being prepared, after the environmental review document is approved
for public disclosure by the department delegate.
(2) The project sponsor will make the maps, drawings,
environmental reports, and documents concerning the project available
to the public for not less than the 15 consecutive days before the
date of the public hearing.
(3) The project sponsor shall establish a deadline
for accepting public comments of not less than 15 days after the date
of the public hearing.
(f) Documentation requirements.
(1) After a public hearing, the project sponsor will
assemble documentation of the public hearing. The public hearing documentation
will be forwarded to the department delegate for review and maintained
in the project file.
(2) For a public hearing regarding an EIS, the project
sponsor will document the number of positive, negative, and neutral
public comments received in accordance with Transportation Code, §201.811(b).
This information must be presented to the commission in an open meeting
and reported on the department's website in a timely manner.
(g) Role of department staff. One or more department
employees must begin a public hearing by making opening remarks to
the audience of attendees. Additionally, one or more department employees
must be physically present during any portion of a public hearing.
(h) No effect on public meetings. Nothing in this section
limits the department's ability to hold one or more public meetings
on any project under §2.105 of this subchapter (relating to Public
|Source Note: The provisions of this §2.107 adopted to be effective April 16, 2014, 39 TexReg 2941; amended to be effective July 20, 2016, 41 TexReg 5234; amended to be effective September 19, 2018, 43 TexReg 5987