SECTION 25.603. Development of Proposed Restriction by Local Jurisdictions

(a) Costs. Each local jurisdiction is responsible for all costs related to restriction development, including proposal preparation, local jurisdiction public hearings, and public information announcements regarding the order enforcing the restriction.

(b) Initial contact. A local jurisdiction evaluating whether to establish an order shall contact and coordinate with the local district office of the department and with any other local jurisdiction with contiguous boundaries to the proposed lane restriction. Coordination with the local metropolitan planning organization and the local emergency planning council or committee is encouraged.

(c) Route analysis and order formulation. A local jurisdiction intending to establish an order that restricts through traffic by class of vehicle to designated lanes shall fully comply with all of the standards and factors listed in Transportation Code, §545.0651 and §545.0652. Those standards and factors require an order to:

(1) apply only to a highway as defined in Transportation Code, §545.0651, and this subchapter;

(2) allow a restricted vehicle to use any lane of the highway to pass another vehicle and to enter or exit the highway; and

(3) designate lane restrictions, to the greatest extent practicable, on the same lanes as a contiguous local jurisdiction when the lane restrictions end at another jurisdiction's boundaries.

(d) Local public hearing. A local jurisdiction shall hold at least one public hearing on any proposed order that restricts through traffic by class of vehicle to designated lanes. A city council or county commissioners court meeting that conforms with all applicable state laws governing public meetings, including the Texas Open Meetings Act, Government Code, Chapter 551, and which allows the public to comment on the proposed order at the meeting will satisfy the requirements of this subsection. Public notification of the hearing shall contain a complete description of the proposed restriction, including the location, route numbers, and beginning and ending points of the restriction.

(e) Proposal submission. A local jurisdiction that has drafted a proposed order that restricts through traffic by class of vehicle to designated lanes, and has conducted a public hearing in compliance with subsection (d) of this section, shall submit six copies of the proposed order to the department for approval. The proposal shall be submitted to the local district office of the department, and shall include:

(1) documentation demonstrating compliance with Transportation Code, §545.0651, and this subchapter;

(2) two original plan views of the roadway and a complete description of the proposed restriction;

(3) a signature of approval by an authorized official of the local jurisdiction such as the mayor, city manager, county judge, county engineer, or an equivalent level of authority; and

(4) a written transcript of any public comments received concerning the proposed order.

(f) Proposal review. The department, when reviewing a proposed order and evaluating the impact of a proposed restriction, shall comply with the requirements of Transportation Code, §545.0651 and §545.0652, and this subchapter. The department shall also ensure a systems approach in order to preclude the designation of inconsistent lane restrictions among adjacent local jurisdictions. To be approved, a proposed restriction is subject to the following requirements and restrictions.

(1) The order must allow a restricted vehicle to use any lane of the highway to pass another vehicle and to enter and exit the highway.

(2) The department will conduct a traffic study to evaluate the impact of the proposed restriction. Any restriction must not increase the existing level of congestion as determined by highway capacity analysis.

(3) Contiguous local jurisdictions must consult each other when designating restrictions that end at another local jurisdiction's boundaries. To the greatest extent practicable, all lane restrictions shall be designated on the same lanes in each local jurisdiction.

(g) Public involvement. The department shall provide the public with notice of a proposed order by publishing a notice in the Texas Register. The notice will provide a complete description of the proposed restriction, shall inform the public of a 30-day public comment period, and shall inform the public where to send any written comments concerning the restriction. Except as provided in subsection (h) of this section, if the comments received warrant further public consideration, the department may conduct a public hearing to receive additional comments on the proposed order. If a public hearing is to be conducted, the department will publish appropriate notice in the Texas Register at least 10 days prior to the date of the hearing. Public hearings under this subsection shall be held in the local district office or other suitable location as determined by the department.

(h) Public hearing involving multiple proposals. If contiguous local jurisdictions each submit proposed orders containing lane restrictions that apply to the same highway route, the department shall hold at least one public hearing on the proposed orders. The requirements of subsection (g) of this section relating to public notice, location, and conduct of the hearing shall apply to a public hearing under this subsection.

(i) Authorization and approval. If the department determines that an order has met all of the criteria in subsection (f) of this section, the department will notify the local jurisdiction in writing that the proposed order is authorized and approved. A local jurisdiction that is issued a letter of authorization and approval shall formally designate the routes affected by order and shall forward a copy of the adopted order to the department.

(j) Disapproval and appeal.

(1) If a proposed order is disapproved, the department will notify the local jurisdiction in writing of the reasons for disapproval.

(2) If the executive director designates another department official, such as the district engineer of the local district office, to evaluate and approve a proposed order, a local jurisdiction may submit an appeal of a disapproved order to the executive director. If no designation is made, the decision of the executive director is final.

(k) Restriction signing. After approval of the restriction and passage of the order, but prior to enforcement of the restrictions, the department shall provide, install, and maintain appropriate traffic control devices along the restricted route, in accordance with Transportation Code, §545.0651(g) and §545.0652(g).

(l) Suspension or rescission of order approval. The executive director may suspend or rescind approval of an order restricting through traffic by class of vehicle to designated lanes of a highway. Prior to suspension or rescission of approval, the department will notify the appropriate authorized officials of the local jurisdiction. A local jurisdiction may appeal a suspension or rescission to the executive director if authority to suspend or rescind an approved order has been delegated to another department official. Otherwise, the decision of the executive director is final. The department may suspend or rescind approval for the following reasons:

(1) changes in pavement conditions;

(2) changes in traffic conditions;

(3) geometric changes in roadway configuration;

(4) construction or maintenance activities; or

(5) emergency or incident management.

Source Note: The provisions of this §25.603 adopted to be effective February 19, 1998, 23 TexReg 1326; amended to be effective January 8, 2004, 29 TexReg 230