Section 26.2 - DefinitionsThe following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) AASHTO--The American Association of State Highway and Transportation Officials.(2) Board--The board of directors of a regional mobility authority.(3) Commission--The Texas Transportation Commission.(4) County--Includes the cities of El Paso, Laredo, Brownsville, McAllen, and Port Aransas.(5) Director--A director of a board.(6) Department--The Texas Department of Transportation.(7) Environmental Permits, Issues, and Commitments (EPIC)--Any permit, issue, coordination, commitment, or mitigation obtained to satisfy social, economic, or environmental impacts of a transportation project, including, but not limited to, sole source aquifer coordination, wetland permits, stormwater permits, traffic noise abatement, threatened or endangered species coordination, archeological permits, and any mitigation or other commitment associated with any of those issues.(8) Executive director--The executive director of the department or the executive director's designee not below district engineer, division director, or office director.(9) Fiscal year--An accounting period of 12 months that is consistent, to the extent feasible, with the fiscal year of an RMA's member counties.(10) Governmental entity--A municipality, county, the department, or other public entity authorized to construct, maintain, and operate a transportation project within the region of a regional mobility authority.(11) Metropolitan planning organization--An organization designated to carry out the transportation planning process in prescribed urbanized areas as required by 23 U.S.C. §134.(12) Nonattainment area--An area designated by the U.S. Environmental Protection Agency as not meeting the air quality standards outlined in the Clean Air Act.(13) Petitioner--The county or counties petitioning for the creation of a regional mobility authority.(14) Public utility facility--Means: (A) a water, wastewater, natural gas, or petroleum pipeline or associated equipment;(B) an electric transmission or distribution line or associated equipment; or(C) telecommunications information services, or cable television infrastructure or associated equipment, including fiber optic cable, conduit, and wireless communications facilities.(15) RMA--A regional mobility authority.(16) Revenue--Fares, fees, rents, tolls, and other money received by an authority from the ownership or operation of a transportation project.(17) State Implementation Plan--The plan prepared by the Texas Commission on Environmental Quality as required by 42 USC §7410 to attain and maintain air quality standards.(18) Surplus revenue--Revenue that exceeds: (A) the regional mobility authority's debt service requirements for a transportation project, including the redemption or purchase price of bonds subject to redemption or purchase as provided in the applicable bond proceedings;(B) coverage requirements of a bond indenture for a transportation project;(C) costs of operation and maintenance for a transportation project;(D) cost of repair, expansion, or improvement of a transportation project;(E) funds allocated for feasibility studies; and(F) necessary reserves as determined by the regional mobility authority.(19) Transportation project--Means: (B) a system designated under Transportation Code, § 370.034;(C) a passenger or freight rail facility, including: (iii) switching, signaling, or other operating equipment;(vii) a maintenance facility; and(viii) other real and personal property associated with a rail operation;(D) a roadway with a functional classification greater than a local road or rural minor collector;(G) an airport, other than an airport that on September 1, 2005 was served by one or more air carriers engaged in scheduled interstate transportation, as those terms were defined by 14 C.F.R. §1.1 on that date;(H) a pedestrian or bicycle facility;(J) an automated conveyor belt for the movement of freight;(K) a border crossing inspection station, including an inspection station located at or near an international border crossing or a border crossing from another state of the United States that is not more than 50 miles from an international border;(L) an air quality improvement initiative;(M) a public utility facility;(O) a parking area, structure, or facility, or a collection device for parking fees;(P) if applicable, projects and programs listed in the most recently approved state implementation plan for the area covered by the RMA, including an early action compact;(Q) improvements in a transportation reinvestment zone designated under Transportation Code, Chapter 222, Subchapter E; and (R) port security, transportation, or facility projects eligible for funding under Transportation Code, § 55.002.(20) Turnpike project--A highway of any number of lanes, with or without grade separations, owned or operated by an RMA under this chapter and any improvement, extension, or expansion to that highway, including: (A) an improvement to relieve traffic congestion and promote safety;(B) a bridge, tunnel, overpass, underpass, interchange, entrance plaza, approach, toll house, service road, or ramp;(C) an administration, storage, or other building the RMA considers necessary for the operation of a turnpike project;(D) a property right, easement, or interest the RMA acquires to construct or operate the turnpike project; and(E) a parking area or structure, rest stop, park, and any other improvement or amenity the RMA considers necessary, useful, or beneficial for the operation of a turnpike project.43 Tex. Admin. Code § 26.2
The provisions of this §26.2 adopted to be effective March 18, 2004, 29 TexReg 2722; amended to be effective January 5, 2006, 30 TexReg 8998; amended by Texas Register, Volume 39, Number 46, November 14, 2014, TexReg 9076, eff. 11/19/2014