SECTION 22.13. Film and Video Productions

(a) Policy. In accordance with Government Code, Chapter 485, it is the policy of the department to cooperate with the Office of the Governor's Music, Film, Television, and Multimedia Office to the greatest extent possible to fully implement the state's goal of promoting the development of the music, film, television, and multimedia industries in Texas. This section is intended to encourage and facilitate access to department highway facilities and their adjacent right of way for the promotion of that goal while preserving the safety and convenience of the traveling public and the integrity of state highway facilities and right of way.

(b) Activities included. A person or entity desiring to produce a film, video, or other production on a segment of the state highway system must first obtain the approval of the department for any activity within state highway right of way that:

(1) requires a closure of a segment of the state highway system;

(2) will otherwise disrupt the normal flow of traffic;

(3) could damage state highway right of way or other facilities of the department; or

(4) in any way affects the safety and convenience of the traveling public.

(c) Request.

(1) A person or entity desiring approval for an activity subject to this section must first notify the Texas Film Commission. That office will provide general information, including instructions on how to submit a request for approval to the department.

(2) After contacting the Texas Film Commission, a request for a film or video production must be submitted at least 30 days prior to the date of the proposed production unless an exception is approved by the district engineer and the notice is adequate for the requestor and the department to coordinate as required by this subchapter. The request shall include the following information:

(A) the location of the production, including county name, highway number, and description of the physical location;

(B) the proposed schedule of start and stop times, and dates at each location (commonly known as preparation and wrap);

(C) a brief description of the proposed activities, including the proposed placement of production company personnel and equipment on state highway right of way; and

(D) a permit or appropriate documentation as may be required by applicable local ordinance of a municipality if the production is within the limits of an incorporated area.

(3) The district engineer may request additional information necessary to make his or her determination under subsection (d) of this section.

(d) Approval. The district engineer will approve the request if he or she determines that:

(1) the proposed production is consistent with the safety and convenience of the traveling public;

(2) the proposed production will not cause substantial negative impacts to the environment as defined in this subchapter, including landscape features;

(3) the proposed production does not conflict with scheduled maintenance or construction activities;

(4) the convenience of abutting property owners and residents is adequately protected, and adequate access for such persons to their property is assured;

(5) if a closure is proposed:

(A) the requestor has designed to the department's satisfaction a traffic control plan to protect both motorists and all participants and spectators, and that will not substantially inconvenience the traveling public; and

(B) there will be appropriate passage allowance for emergency vehicle travel;

(6) the department has been given sufficient time to adequately review the proposal; and

(7) the requestor or organization involved has not failed to follow a traffic control plan within the last three years.

(e) Requirements of the traffic control plan.

(1) The traffic control plan shall be in accordance with the latest edition of the TMUTCD.

(2) The traffic control plan shall clearly define in text or text with a supporting drawing the phases necessary for all traffic control devices and any other pertinent items that define how vehicles and pedestrians will be controlled during the individual phases of the operation.

(3) The district engineer may require other details to be shown on the traffic control plan depending on the complexity of the closure.

(4) The district engineer may require any traffic control plan of sufficient complexity to be signed, sealed, and dated by a registered professional engineer.

(5) The district engineer may waive the requirement for the submission of a traffic control plan if:

(A) the proposed closure requires only traffic control utilizing law enforcement personnel and law enforcement vehicles; and

(B) in the opinion of the district engineer, public safety is not in question due to the specific conditions involved with the closure.

(f) Agreement. If the district engineer approves the proposed production, the requestor must execute a written agreement with the department prior to the production. The agreement will contain terms and conditions the department deems necessary to protect public safety and the integrity of the facility and adjacent right of way including, but not limited to:

(1) the location of the production, including county name, highway number, and description of the physical location;

(2) the schedule of start and stop times, and dates at each location;

(3) a description of the activities, including the placement of people and equipment that the requestor will place on state highway right of way;

(4) the traffic control plan, if applicable;

(5) a statement that the requestor assumes all costs associated with the production;

(6) a statement that the requestor will avoid or minimize impacts, and will, at its own expense, restore or repair damage occurring outside the right of way and restore or repair the right of way, including, but not limited to, roadway and drainage structures, overhead signs, signs, traffic signals, pavement markings, pavement, etc., to a condition equal to that existing before the production, and restore the natural and cultural environment in accordance with federal and state law, including landscape features;

(7) a statement that the requestor shall indemnify and save harmless the state, its officers, employees, agents, and contractors from claims and liabilities due to the activities of the requestor;

(8) suitable documentation that the requestor has obtained adequate insurance naming the department as a coinsured by the requestor or responsible party in an amount and form acceptable to the department for the payment of any damages which may occur during the time period of encroachment and to save the state harmless;

(9) a statement that the requestor will abide by all state and federal environmental laws and any conditions required by the department to protect the environment;

(10) if the production requires a closure:

(A) a traffic enforcement plan, including a letter, by mail or facsimile, from the law enforcement agency that will be providing the traffic control for the event, or a contact name and telephone number for the responsible law enforcement agency; and

(B) assurance that there will be appropriate passage allowance for emergency vehicle travel;

(11) a statement that any temporary traffic control devices used on state highway right of way under the terms of the agreement must be devices included in the department's Compliant Work Zone Traffic Control Device List;

(12) a statement that the department reserves the right to inspect the implementation of the traffic control plan and if the traffic control is found to be inadequate, the responsible party will bring the traffic control into compliance with the originally submitted plan, upon written notice from the department noting the required changes, prior to the event;

(13) a statement that the department may request changes to the traffic control plan in order to ensure public safety due to changing or unforeseen circumstances regarding the closure;

(14) a statement that the appropriate law enforcement agency:

(A) has reviewed traffic control for the closure and that the agency believes them to be adequate; or

(B) is unsure as to the adequacy of traffic control and that it will contact the appropriate district for consultation no less than 10 workdays prior to the closure;

(15) a statement that the requestor will complete all revisions to the traffic control plan as requested by the district engineer within the required timeframe or that the agreement will be terminated upon written notice from the district engineer to the requestor;

(16) a statement that any failure to cooperate with the department may constitute reckless endangerment of the public and that the DPS may be notified of the situation as soon as possible for the appropriate action, and failing to follow the traffic control plan or department instructions may result in a denial of future use of the right of way for three years; and

(17) such other terms and conditions determined by the district engineer to be essential for the preservation of public safety and convenience of the traveling public as well as the integrity of state highway facilities and right of way.

(g) Disapproval. If a district engineer disapproves a request for approval of a production, he or she will provide written notice, by mail or facsimile, describing the basis for the determination. The district engineer will also provide notice of disapproval by telephone if requested by the requestor.

(h) Appeal. A requestor may appeal a district engineer's disapproval to the department's assistant executive director for engineering operations, by submitting to that official by mail or facsimile the information provided to the district engineer.

(i) Signs.

(1) All traffic control devices used in conjunction with a film or video production under this subchapter, including sign supports, shall be devices listed in the department's Compliant Work Zone Traffic Control Device List. This requirement does not apply to temporary signs as allowed in this section.

(2) A production company may place two temporary signs, one for each direction of travel, at the point of departure from the state highway system, for the purpose of guiding production personnel to the site of an approved production, provided that each sign:

(A) does not contain red on the front or back of the sign, and does not appear to represent any official regulatory, warning, or guide sign;

(B) is no larger than 36 inches by 36 inches;

(C) is made of heavy cardboard or 1/4 inch thick plastic, or other material as approved by the district engineer;

(D) is mounted on a Type I folding barricade or short-term, short-duration sign support as shown on the department's Compliant Work Zone Traffic Control Device List or wood supports no greater than two inches by two inches in thickness, and has no more than two supports;

(E) has a mounting height to the bottom of the sign of no less than one foot and no more than three feet above surrounding ground level;

(F) is not located on the mainlanes of a controlled access highway (it may be located on the frontage road of a controlled access highway); and

(G) is not mounted on a traffic control device and is placed so as to not interfere with other traffic control devices.

(3) A sign may not be installed more than one day before filming starts and must be removed within one day after the filming is completed.

(4) If a sign becomes a hazard due to inclement weather, inadequate maintenance, accidental damage, or other cause, the department may remove the sign or ask the requestor to do so.

(5) A sign not removed in compliance with paragraphs (3) or (4) of this subsection is subject to removal by the department and the requestor is liable for removal and disposal costs as provided by §29.6 of this title (relating to Signs on State Highway Right of Way).

Source Note: The provisions of this §22.13 adopted to be effective March 1, 1995, 20 TexReg 963; amended to be effective February 17, 2005, 30 TexReg 728