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RULE §12.2Definitions

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

  (1) Adopt-a-Highway coordinator--A district employee responsible for coordinating the Adopt-a-Highway program within the district's counties.

  (2) Adopted section--A section of state highway right of way or an airport approved for adoption by a group.

  (3) Airport--A publicly-owned airport that is included in the Texas Airport System Plan (TASP).

  (4) Aviation Division--A division of the department.

  (5) Authorized representative--An individual with the authority to sign agreements for the group or donor.

  (6) Commission--The Texas Transportation Commission.

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

  (8) Design fee--Those engineering or project administration costs or expenses identified prior to the construction of a project.

  (9) District--One of the 25 geographical areas, managed by a district engineer, in which the department conducts its primary work activities.

  (10) District engineer--The chief executive officer in charge of a district, or his or her designee.

  (11) Donation--A contribution of anything of value given to the department.

  (12) Donor--The private business or civic organization that donates funds or services for the purpose of participating in the Landscape Cost Sharing or Adopt-a-Freeway Programs.

  (13) Family member--Any spouse, sibling, parent, stepparent, grandparent, child, stepchild, aunt, uncle or cousin.

  (14) Group--An entity that adopts a section of state highway right of way or an airport.

  (15) Highway landscaping--A project design intent which attempts to provide primarily for the installation of native, naturalized, or adapted plant material within the project limits.

  (16) Local government--A city or county.

  (17) Non-cash contributions--The agreed value of labor, equipment, material, or design services furnished by a local government or donor in support of the project.

  (18) Pedestrian landscaping--A project design intent which requires the installation of elements oriented primarily to pedestrian usage, including, but not limited to, parking, curbs, sidewalks, pavers, ramps for the disabled, cycling or jogging trails, benches, trash receptacles, or illumination.

  (19) Project concept plan--The preliminary sketches, drawings, details, estimates, and specifications required by the department to illustrate the type of project development and establishment proposed, and as required for the department to determine if the proposed project is a highway landscaping project or a pedestrian landscaping project.

  (20) Project design plan--The final drawings, details, specifications, and estimates as may be required by the department to fully control the work to be performed on the project.

  (21) Project development--The initial construction and installation of the landscape items in accordance with the project design plan.

  (22) Project establishment--The landscape maintenance activities required to ensure the viability, upkeep, and continued effectiveness of the project.

  (23) Project maintenance--The activities performed as determined by the program agreement to ensure the establishment, upkeep, and continued effectiveness of the project.

  (24) Sponsor--A local government or other public entity that owns or operates an airport.

  (25) Vandalism--Significant and deliberate damage or defacement that renders a sign unreadable or unsightly.

Source Note: The provisions of this §12.2 adopted to be effective December 8, 2011, 36 TexReg 8243

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