SECTION 22.11. Definitions

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

(1) Area engineer--The chief administrative officer in charge of an area office of the department.

(2) Area office--An office responsible for carrying out the department's primary functions at the local level for a designated geographical area within a district.

(3) Arterial roadway--A roadway which contains predominately at-grade intersections, allows continuous access to abutting property, and has posted speeds equal to or less than 45 miles per hour.

(4) Banner--A sign painted or fabricated on fabric mesh or flexible plastic above or along a roadway or highway.

(5) BC Sheets--The latest edition of Barricade and Construction Standards published by the department.

(6) Closure--The temporary direct or indirect restriction, in whole or in part, of vehicular use of a segment of the state highway system. This includes, but may not be limited to, the main lanes (including service roads, ramps, and connectors) and the shoulders of any numbered highway on the state highway system.

(7) Commission--The Texas Transportation Commission.

(8) Compliant Work Zone Traffic Control Device List--A list of all work zone traffic control devices that have been determined by the department to be crashworthy based on the criteria contained in National Cooperative Highway Research Report 350: Recommended Procedures for the Safety Performance Evaluation of Highway Features. A copy of this list is available on the department's website, or by contacting the department's Traffic Operations Division or the appropriate area engineer.

(9) Controlled access highway--In accordance with applicable state law, the main lanes and shoulders of a state highway on which owners or occupants of abutting lands and other persons are denied access to or from the highway except at such points only and in such manner as may be determined by the department.

(10) Department--The Texas Department of Transportation.

(11) District--A subdivision of the department responsible for the day-to-day operations of the department in a specific geographically defined area.

(12) District engineer--The chief administrative officer of a district of the department or his or her designee.

(13) DPS--The Texas Department of Public Safety.

(14) Edible agricultural commodity--Any product produced and sold for human consumption.

(15) Executive director--The chief administrative officer of the department.

(16) Film and video production--The on-location creation of a film or video project including, but not limited to, feature films, television productions, television commercials, documentaries, music videos, and corporate or industrial communication productions.

(17) Non-profit corporation--A corporation that is incorporated or holds a certificate of authority under the Texas Non-Profit Corporation Act, Texas Civil Statutes, Articles 1396-1.01 et seq.

(18) Peace officer--A law enforcement officer or peace officer of this state or a political subdivision of this state or a federal law enforcement officer or special agent performing duties in this state.

(19) Person--An individual, corporation, organization, business trust, estate, trust, partnership, association, and any other legal entity.

(20) Professional engineer--A person who has been duly licensed by the Texas Board of Professional Engineers to engage in the practice of engineering in the state of Texas.

(21) Requestor--A person requesting a closure or use of the state highway system for a special event or film/video production.

(22) Right of way--The entire width of land between the public boundaries or property lines of a highway.

(23) Routine traffic control--The handling of events which last no more than four hours at one location and no more than nine consecutive total hours for moving events. Examples of these events include parades, marches, and other such events, and use authorized law enforcement personnel who accept the responsibility for traffic control as being well within their capabilities to protect and direct all parties involved.

(24) Sign--Any outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, or other thing that is designed, intended, or used to advertise or inform.

(25) Special event--An event serving a public purpose and sponsored by a civic or nonprofit organization, including, but not limited to, fairs, festivals, bicycle events, marathons, walkathons, rodeos, and charitable fund-raising events, but not including political events or events that could be construed to advocate or oppose a candidate for election or influence the passage or defeat of a measure on an election ballot.

(26) 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.

(27) Substantial negative impacts to the environment--Any harm to the natural or cultural features caused by any activity either directly or indirectly resulting from a closure or film/video production, including, but not limited to:

(A) a chemical or fuel spill;

(B) blast or fire damage to habitat or vegetation;

(C) temporary or permanent placement of fill in wetlands or waters in the right of way;

(D) alteration of a historic bridge or historic roadside park;

(E) extensive tire tracking or other damage to the contours of the site resulting in sediment runoff to water bodies or wetlands; or

(F) any disturbance or removal of protected species without proper authorization.

(28) Texas Film Commission--The office responsible for promoting the development of the film industry in the state, currently located in the Office of the Governor's Music, Film, Television, and Multimedia Office.

(29) Traffic control--The exclusive use of law enforcement personnel and their vehicles to direct and control traffic, pedestrians, and other items making use of the right of way, requiring very little planning and few, if any, traffic control devices.

(30) Traffic control plan--A written description consisting of text or a combination of text and diagrams that describes how vehicular or pedestrian traffic will be controlled during a closure or film/video production as described in this subchapter.

(31) Traffic enforcement plan--A general description in writing or a sketch showing where and how the police vehicles will be used along with any supporting cones, signs, or barricades, if any. This does not require an engineer's expertise.

(32) TMUTCD--Texas Manual on Uniform Traffic Control Devices.

(33) Turnouts--Paved areas adjacent to the roadway shoulder large enough to accommodate at least one passenger vehicle.

(34) Workday--A non-holiday for the department and a weekday, not a Saturday or Sunday.

Source Note: The provisions of this §22.11 adopted to be effective March 1, 1995, 20 TexReg 963; amended to be effective June 23, 1997, 22 TexReg 5682; amended to be effective February 17, 2005, 30 TexReg 728; amended to be effective February 18, 2010, 35 TexReg 1301