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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 21RIGHT OF WAY
SUBCHAPTER PUTILITY RELOCATION PREPAYMENT FUNDING AGREEMENTS
RULE §21.922Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

  (1) Accounting ledger--A record of financial reports generated by the utility's approved work order accounting system.

  (2) Actual costs--The amounts expended or incurred by or on behalf of the utility properly attributable to the relocation of its utility facilities and recorded by means of an approved work order accounting system.

  (3) Approved work order accounting system--An accounting process of a utility, compliant with Generally Accepted Accounting Principles, that:

    (A) identifies and records relocation/adjustment costs by highway improvement project and work order; and

    (B) is described in the utility's application submitted and approved by the department under §21.924 of this subchapter.

  (4) As-Built plans--Drawings showing the actual locations of installed or relocated utilities.

  (5) Betterment--Any upgrading of the facility being relocated that is not attributable to the highway construction nor required in order to comply with any other law, code, or ordinance, and is made solely for the benefit and at the election of the utility.

  (6) Conduit--A pipe or other opening, buried or above ground, for conveying fluids or gases, or serving as an envelope containing pipelines, cables, or other utilities.

  (7) Department--The Texas Department of Transportation.

  (8) Depth of cover--The minimum depth as measured from the top of the utility line to the ground line or top of pavement.

  (9) Director--The executive director's designee who may not be below the level of division director, office director, or district engineer.

  (10) Distribution line--That part of a utility system connecting a transmission line to a service line.

  (11) District--A subdivision of the department responsible for the day-to-day operations of the department in a specific geographically defined area.

  (12) District engineer--The chief administrative officer in charge of a district.

  (13) Division--An organizational unit in the department's Austin headquarters reflecting specific functions and duties assigned to the department.

  (14) Executive director--The chief administrative officer of the department.

  (15) Highway improvement project--A project on the state highway system, regardless of the source of funding or the entity that is responsible for development or operation of the project, that provides for the design, construction, improvement, or enhancement of a public road, including bridges, drainage facilities, culverts, or other appurtenances related to public roads. The term does not include a project on the state highway system that is owned or operated by or on behalf of a regional mobility authority organized under Transportation Code, Chapter 370, a regional tollway authority organized under Transportation Code, Chapter 366, or another governmental entity that is not subject to Transportation Code, §203.092.

  (16) Indirect and overhead costs--Costs that are not readily identifiable with one specific task, job, or work order, and may include indirect labor, social security taxes, insurance, stores expense, or general office expense. Distribution and allocation is made on a uniform basis which is reasonable, equitable, and in accordance with Generally Accepted Accounting Principles. Indirect and overhead costs will be calculated, billed, and reimbursed in accordance with §21.924(a)(5) and §21.925(g) of this subchapter.

  (17) Office--An organizational unit in the department's Austin headquarters reflecting specific functions and duties assigned to the department.

  (18) Relocation--The adjustment or modification of utility facilities required by the highway improvement project. The term includes removing and reinstalling a utility facility, including temporary facilities used in the relocation, moving, rearranging, or changing the type of existing facilities and taking any necessary safety and protective measures. The term also includes constructing a replacement utility facility that is both functionally equivalent to the existing facility and necessary for continuous operation of the utility service, the project economy, or sequence of highway construction.

  (19) Relocation/adjustment costs--The entire amount of direct and related indirect and overhead costs identified by an approved work order accounting system for work paid or incurred by or on behalf of the utility properly related to the relocation of utility facilities accomplished in accordance with federal and state requirements, less the amount of any betterments, applicable accrued depreciation, and any salvage value derived from the old facility. For purposes of this subchapter, the phrases "relocation/adjustment costs incurred" and "relocation/adjustment costs paid," refer to the same accounting method of calculating and posting actual expenditures by the utility and include only those expenditures authorized and allowable under 23 C.F.R. Chapter 1, Part 645, Subpart A, and Federal Acquisition Regulations under 48 C.F.R. Chapter 1.

  (20) Salvage value--The amount received from the sale of utility property that has been removed in the relocation of utility facilities, or the amount used for accounting purposes if the removed property is retained by the utility for reuse.

  (21) Service line--A utility facility that conveys electricity, gas, water, or telecommunication services from a main or conduit located in the right of way to a meter or other measuring device that services a customer or to the outside wall of a structure, whichever is applicable and nearer the right of way.

  (22) 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 Texas Transportation Commission in accordance with Transportation Code, §201.103. For purposes of this subchapter, highways on the state highway system are those indicated in the Texas Highway Designation Files or State Departmental Map, or successor documents, maintained by the department's Transportation Planning & Programming Division, at the time applicable relocation/adjustment costs are incurred.

  (23) Transmission line--That part of a utility system connecting a main energy or material source with a distribution system.

  (24) Utility--A person, firm, corporation, cooperative, river authority, municipality, or other business entity or political subdivision engaged in the business of transporting or distributing a utility product for public consumption, or any separate operating business unit or department of such an entity that individually meets the requirements of this subchapter.

  (25) Utility appurtenances--Any attachments, supporting structures, or integral parts of a utility facility, including fire hydrants, valves, and gas regulators.

  (26) Utility facilities--All utility lines and their appurtenances within the state highway right of way, the relocation of which is not eligible for reimbursement under Transportation Code, §203.092, including underground, surface, or overhead facilities either singularly or in combination, which may be transmission, distribution, or service lines. The term does not include lines and their appurtenances that are owned or operated by the department and that are a highway design feature used for highway-oriented needs.


Source Note: The provisions of this §21.922 adopted to be effective March 20, 2008, 33 TexReg 2340

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