SECTION 11.201. Definitions

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

(1) Candidate project--A project recommended by a nominating entity for inclusion in the Transportation Enhancement Program.

(2) Commission--Texas Transportation Commission.

(3) Department--Texas Department of Transportation.

(4) District office--A headquarters office for one of the department's geographical districts into which the state is divided.

(5) Executive director--The executive director of the Texas Department of Transportation or his or her designee not below the level of assistant executive director.

(6) Federal funds--Financial assistance provided by the Federal Highway Administration for project development.

(7) FHWA--Federal Highway Administration.

(8) Jurisdiction--For a city, the area within the incorporated city limits, including a city's extraterritorial jurisdiction. For a county, any area within the boundaries of the county, excluding incorporated areas. For a state agency, any area within which its prescribed authority may be exercised.

(9) Local agreement--An agreement between the nominating entity and the department which includes a commitment for the required local funding, describes the total scope and course of project activities, and outlines the responsibilities and duties of the participants.

(10) Metropolitan planning organization (MPO)--The organization or policy board of an organization created and designated under Title 23, Unites Stated Code, §134 and Title 49, United States Code, §5303, as amended, to make transportation planning decisions for the metropolitan planning area and carry out the metropolitan planning process.

(11) Nominating entity--The state agency or political subdivision eligible to receive funds from FHWA that nominates a particular candidate project for consideration, exercises jurisdiction over the geographic area in which that project is located, and commits to the project's development, implementation, construction, maintenance, management, and financing.

(12) Operational income--Net income received by the owner of a facility constructed or enhanced using funds received through the Transportation Enhancement Program after deducting the costs incident to the generation of that income. The term includes, but is not limited to, income from fees for services performed, use or rental of real or personal property, or sale of commodities. Taxes, license fees, fines, royalties, and other such revenues received by the facility owner or paid within the facility are not considered income.

(13) Project--An undertaking to implement or construct a particular transportation enhancement at a specific location or locations, or, if the context so implies, the particular enhancement so implemented or constructed.

(14) Project area--The location in which project activities will take place.

(15) Public authority--A state agency, city, or county.

(16) Selected project--A project which the commission or both the commission and a metropolitan planning organization have elected to include in the Transportation Enhancement Program.

(17) State--The State of Texas or any of its political subdivisions.

(18) Statewide Transportation Improvement Program (STIP)--A four-year short-range program developed by the department as a compilation of all metropolitan transportation improvement programs, together with rural transportation improvement programs, that include recommendations from rural planning organizations and department districts for the areas of the state that are outside of the boundaries of a metropolitan planning organization, including transportation between cities.

(19) Surface transportation system--An interconnected transportation network for moving people and goods using various combinations of transportation modes.

(20) Transportation--Pertaining to the movement of people between their places of residence, employment, commerce, education, recreation, and entertainment; or of goods between places of manufacture, storage, sale, maintenance, repair, salvage, and disposition.

(21) Transportation Improvement Program (TIP)--A short-range program developed by each metropolitan planning organization in cooperation with the department and public transportation operators that covers a four-year period and contains a prioritized listing of all projects proposed for federal funding and regionally significant projects proposed for state, federal, and local funding in a metropolitan area.

(22) Transportation enhancement activities--Those activities so defined in Title 23, United States Code, §101(a), if such activities relate to the surface transportation system.

(23) Transportation management area--An urbanized area with a population over 200,000 as defined by the U.S. Bureau of Census and designated by the U.S. Secretary of Transportation, or any additional area where transportation management area designation is requested by the governor and the metropolitan planning organization and designated by the U.S. Secretary of Transportation.

Source Note: The provisions of this §11.201 adopted to be effective December 8, 2011, 36 TexReg 8241