SECTION 11.219. Elimination of Project from Transportation Enhancement Program

(a) A candidate project will be eliminated from participation in the Transportation Enhancement Program if at any time prior to the execution of the local agreement, any municipality or county in which project activities are proposed notifies the department of its opposition to the project. Notification of opposition must be in the form of a resolution or other official document from the duly constituted governing body of the entity opposing the project. Jurisdiction for the purposes of support or opposition to a candidate project does extend to a municipality's extraterritorial jurisdiction.

(b) The executive director may eliminate a project or a portion of a project from participation in the Transportation Enhancement Program if at any time:

(1) the nominating entity fails to satisfy any requirement of this subchapter;

(2) implementation of the project would involve significant deviation from the activities as proposed in the nomination form;

(3) the nominating entity withdraws from participation in the project;

(4) a construction contract has not been awarded or construction has not been initiated by the local entity within four years from the date of commission selection (for projects that do not involve construction, project activities must be completed within four years from the date of commission selection);

(5) a local agreement is not executed within one year after the project is selected by the commission; or

(6) the director determines that federal funding may be lost because the project has not been implemented or completed.

Source Note: The provisions of this §11.219 adopted to be effective December 8, 2011, 36 TexReg 8241