Section 15.51 - DefinitionsThe following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
(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 contract award.(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 projects.(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 funds.(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 Accommodation).43 Tex. Admin. Code § 15.51
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 by Texas Register, Volume 44, Number 28, July 12, 2019, TexReg 3551, eff. 7/17/2019; Amended by Texas Register, Volume 44, Number 48, November 29, 2019, TexReg 7416, eff. 12/4/2019