2002-08-12 Regular Meeting, Public Hearing and Workshop Meeting

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e e Texas Administrative Code TITLE 43 TRANSPORTATION 'ART 1 TEXAS DEPARTMENT OF TRANSPORTATION ~HAPTER 25 TRAFFIC OPERATIONS SUBCHAPTER J MUNICIPAL RESTRICTIONS ON USE OF STATE HIGHWAYS S25.601 Purpose Transportation Code, ~545.0651 authorizes a municipality by ordinance to restrict through traffic, by class of vehicle, to two designated lanes of traffic in the municipality. Section 545.0651 requires a municipality to submit a description of the proposed restriction to the department for review and approval prior to adopting the ordinance. This subchapter prescribes responsibilities of municipalities relating to restricting use of a highway within the municipality to designated Itll1es, and requirements for obtaining department approval of those restrictions. This subchapter does not apply to the rOllting of over- size or overweight vehicles for which a permit is issued under Transport~tion Code, Chapter 623 and Chapter 28 of this title (relating to Oversize and Overweight Vehicles and Loads). S25.602 Definitions The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clear- ly indicates otherwise: (1) Class of I'e/licle-AII or any of the types of vehicles, machines, tractors, trailers, or semitruilers, or any comhina- tion thereof, propelled or drawn by mechanical power and used on a highway. A class of vehicle includes, but is not limited to: (a) a semitmiler; (bl speci~ll mobile equipment; (c) a trailer; or (d) a truck. (2) COlnl1lissioll- The Texas Tnmspottation Commission. (3) COlltrtJlled access facility-As defined in Trunsportation Code, ~203.00 I, a designated state highway to or from which access is denied or controlled, in whole or in pmt, from or to adjoining real property or an intersecting public or priv<ltc way, without regard to whether the designated state highway is located in or outside a municipality. (4) lJepartment- The Texas Department of Transportation. (5) District-One of 25 geographical areas, managed by a district engineer, in which the department conducts its primaty work activities. (6) Executive Director- The executive director of the Texas Department of Transportation or his or her designee. (7) Highway-A public roadway that: (a) is in the designated state highway system; (b) is designated a controlled access facility; und (c) has a minimum of three travel lanes, excluding access or frontage roads, in each direction of trdffic. (8) MUIJicipality-A home-rule, geneml-Iaw, or special-law municipality, incorporated under the laws of the state of Texas. (9) Stale highway system-TIle system of highways in the state included in a comprehensive plan prepared by the executive director with the approval of the commission, in accordance with Transportation Code, ~201 .103. S25.603 Development of Proposed Restriction (a) Costs. Each municipality is responsible for all costs related to restriction development, including proposal prepara tion, public hearings, and public information announcements regarding the ordinance enforcing the restriction. (b) lllitilll cOlltact. A municipality evaluating whether to establish an ordinance shall contact and coordinate with the local dis- trict office of the department and with any municipality with contiguous corporate boundaries. Coordination with the local metropolitan planning orgunization and the local emergcncy planning councilor committee is encouraged.