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corridor, there is a need to resolve a landlock condition on the re-
<br />mainder of a parcel of land that has a value that exceeds the cost
<br />of the frontage road, or if the cost to purchase the right of access
<br />control would exceed the cost of the frontage road. Frontage
<br />roads may also be constructed when needed to restore local cir-
<br />culation due to roads or streets being severed. The commission
<br />may approve additional frontage roads when construction is de-
<br />termined to be in the best interest of the state.
<br />Where the department owns the right of access control, public
<br />or private access will not be allowed to controlled access high-
<br />ways, including frontage. roads, from abutting property except
<br />in certain circumstances. Access to a specific property will be
<br />allowed when a frontage road is constructed to resolve a land -
<br />lock condition for that property or because the cost to purchase
<br />the access rights to that property was too great Otherwise, the
<br />commission may approve a site speck exception to allow ac-
<br />cess after considering the safety and operation of the state high-
<br />way corridor, prior commitments or development based on the
<br />previous frontage road policy, and whether such access is de-
<br />termined to be in the best interest of the state. Such site specific
<br />exceptions must be appro3ed by the commission prior to the de-
<br />partment accepting any funds or consideration for engineering,
<br />development, or construction of frontage roads where it is antic-
<br />ipated that additional access will be requested. All cost associ-
<br />ated with preparing the request shall be at the sole expense of
<br />the requestor.
<br />James Bass, Director, Finance Division, has determined that for
<br />the first five-year period the amendments are in effect, there will
<br />be no direct fiscal implications for state or local governments as a
<br />result of enforcing or administering the amendments. There are
<br />no anticipated economic costs for persons required to comply
<br />with the amendments as proposed.
<br />Kenneth Bohuslav, Director, Design Division, has certified that
<br />there will be no significant impact on local economies or overall
<br />employment as a result of enforcing or administering the amend-
<br />ments as future development may occur along parallel or per-
<br />pendicular.facilities. By not encouraging development fronting
<br />the state highway corridor, freeway capacity will be maintained
<br />for longer periods of time and system expansion can be accom-
<br />plished with fewer impacts to developed property.
<br />Mr. Bohuslav has also determined that for each year of the first
<br />five years the amendments are in effect, the public benefits an-
<br />ticipated as a result of enforcing or administering the amend-
<br />ments will be to provide savings to the state by not constructing
<br />frontage roads along controlled access facilities and that main -
<br />lane capacity will be further preserved by this effort. There will
<br />be no adverse effect on small businesses.
<br />Pursuant to the Administrative Procedure Act, Government
<br />Code, Chapter 2001, the Texas Department of Transportation
<br />will conduct six public hearings to receive comments concerning
<br />the proposed amendments. Each public hearing will begin at
<br />4:00 p.m. local time and last at least until 6:00 p.m. on the
<br />following dates and at the following locations:
<br />January 8, 2002: City of San Antonio Council Chambers; Munic-
<br />ipal Plaza Building, 103 Main Plaza; San Antonio, Texas 78205.
<br />January 15, 2002: Irving Arts Center; 3333 North MacArthur
<br />Boulevard; Irving, Texas 75062.
<br />January 18, 2002: Houston -Galveston Area Council (HGAC);
<br />3555 Timmons Lane; Houston, Texas 77027.
<br />January 22, 2002: Lubbock Chamber of Commerce; 1301
<br />Broadway; Lubbock, Texas 79401.
<br />January 23, 2002: McAllen Tourist Center; 1300 South 10th
<br />Street; McAllen, Texas 78501.
<br />January 24, 2002: Ysleta Independent School District (YISD);
<br />Administrative Office; 9600 Sims Drive; El Paso, Texas 79925.
<br />These public hearings will be conducted in accordance with the
<br />procedures specified in 43 TAC §1.5. Prior to. each hearing, de-
<br />partment employees will be available beginning at 2:00 p.m. to
<br />conduct an open house where informal discussion can occur
<br />to further clarify the proposed amendments. Comments made
<br />to department staff during the open house will not be consid-
<br />ered part of the public comment maderegarding these proposed
<br />amendments. Those desiring to make official comments or pre-
<br />sentations may register starting at 2:00 p.m. Any interested per-
<br />sons may appear and offer comments, either orally or in writ-
<br />ing; however, questioning of those making presentations will be
<br />reserved exclusively to the presiding officer as may be neces-
<br />sary to ensure a complete record. While any person with perti-
<br />nent comments will be granted an opportunity to present them
<br />during the course of the hearing, the presiding officer reserves
<br />the right to restrict testimony in terms of time and repetitive con-
<br />tent. Organizations, associations, or groups are encouraged to
<br />present their commonly held views and identical or similar com-
<br />ments through a representative member when possible. Com-
<br />ments on the proposed text should include appropriate citations
<br />to sections, subsections, paragraphs, etc. for proper reference.
<br />Any suggestions or requests for alternative language or other
<br />revisions to the proposed text should be submitted in written
<br />form. Presentations must remain pertinent to the issues being
<br />discussed. A person may not assign a portion of his or her time
<br />to another speaker. Persons with disabilities who plan to attend
<br />this meeting and who may need auxiliary aids or services such
<br />as interpreters for persons who are deaf or hearing impaired,
<br />readers, large print or Braille, are requested to contact Randall
<br />Dillard, Director, Public Information Office, 125 East 11th Street,
<br />Austin, Texas 78701-2483, 5121463-8588 at least two working
<br />days prior to the hearing so that appropriate services can be
<br />provided.
<br />Written comments on the proposed amendments may be sub-
<br />mitted to Kenneth Bohuslav, Director, Design Division, 125 East
<br />11th Street, Austin, Texas 78701-2483. The deadline for receipt
<br />of comments is 5:00 p.m. on February 4, 2002.
<br />The amendments are proposed for adoption under Transporta-
<br />tion Code, §201.101, which provides the Texas Transportation
<br />Commission with the authority to establish rules for the conduct
<br />of the work of the Texas Department of Transportation.
<br />No statutes, articles, or codes are affected by the proposed
<br />amendments.
<br />§15.54. Construction.
<br />(a) Purpose. This section describes the conditions under which
<br />state, federal and local financing of construction costs are to be shared.
<br />(b) Funding. Construction costs may be funded by the com-
<br />mission at the entire expense of the department, with local participa-
<br />tion, and/or with federal participation, as described in § 15.55 of this
<br />title (relating to Construction Cost Participation), and in accordance
<br />with criteria set forth by federal and state law and regulations. The lo-
<br />cal government shall also be responsible for the total cost of any work
<br />included which is ineligible for federal or state participation as speci-
<br />fied in § 15.52 of this title (relating to Agreements).
<br />PROPOSED RULES December 28, 2001 26 TexReg 10817
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