TITLE 43. TRANSPORTATION

PART 1. TEXAS DEPARTMENT OF TRANSPORTATION

CHAPTER 7. RAIL FACILITIES

SUBCHAPTER G. OFF-SYSTEM RAIL GRADE SEPARATION STATE FUND PROGRAM

43 TAC §§7.120 - 7.134

The Texas Department of Transportation (department) proposes new §§7.120 - 7.134 concerning the Off-System Rail Grade Separation State Fund Program.

EXPLANATION OF PROPOSED NEW SECTIONS

New §§7.120 - §7.134, contained in new Subchapter G of Chapter 7, describe the policies and procedures for the implementation and administration of the Off-System Rail Grade Separation State Fund Program (Program), as authorized by S.B. 1555 (89th Regular Session, 2025) and codified as Transportation Code, §471.010.

New §7.120, Purpose, states the purpose of the new subchapter.

New §7.121, Definitions, defines the terms used in the new subchapter.

New §7.122, Program Eligibility, sets criteria a project must meet to be eligible for the Program. This includes the statutory criteria that the project must (1) be for the construction of either a highway-rail grade separation structure that will eliminate at least one at-grade rail-highway crossing or a grade-separated pedestrian-rail crossing, (2) be off the state highway system, (3) increase public safety, enhance economic development, or reduce traffic, and (4) be sponsored by the political subdivision that has jurisdiction over the project's location. In order to maximize efficiency and use of available funds, the program must also constitute a logical, self-contained unit of work that could be constructed as an independent project.

New §7.123, Funding and Eligible Costs, sets the allowable costs under the program. To maximize use of funding, allowable costs are limited to direct grade-separation-related costs, including planning, detailed design activities, right of way acquisition, and utility adjustments. Costs for items such as improving rail capacity or adding mass transit infrastructure, are not allowable, although such an element can be included in the project if it is funded with non-Program funds.

New §7.124, Non-State Funding Match, addresses the statutory requirement that at least 10 percent of total project costs must be provided by a source other than the state as matching funds and the federal regulatory requirement that a railroad participate in the cost of a grade-separation under certain circumstances. The Texas Transportation Commission (commission) may adjust the minimum local matching requirement in accordance with Transportation Code, §222.053. The standard policies apply, that the matching funds must be provided before the work begins, that donated services may be used to reduce the cost of the project but do not constitute matching funds, and that the department's costs of oversight are included as a project cost.

New §7.125, Call for Project Nominations, provides that projects will be selected through a competitive process in order to make the best use of available funding. A program call describing the required application contents will be published in the Texas Register.

New §7.126, Nomination Package, limits the number of projects a project sponsor can submit per program call in order to encourage quality applications and equitable distribution of funds. A complete nomination package must be received by the department by the deadline or it will be deemed ineligible.

New §7.127, Project Evaluation Committee, requires the executive director to appoint a project evaluation committee consisting of department staff to make recommendations for the selection of projects funded under the program.

New §7.128, Nomination Screening, requires the project evaluation committee to screen each nominated project to determine its eligibility under statutory and regulatory requirements. It provides for notification if a project is found ineligible and for an appeals process.

New §7.129, Project Evaluation, requires the project evaluation committee to evaluate the benefits of eligible applications based on statutory requirements, the goals of the program, and specific selection criteria set forth in the program call.

New §7.130, Project Selection and Approval, requires the project evaluation committee to make recommendations for project selection to the department's Railroad Division Director. It further requires that at least 10% of funding be recommended for eligible projects in rural areas, in order to ensure equitable use of funds, unless sufficient rural project nominations are not submitted. The division director will make a final recommendation of selected projects to the commission for approval.

New §7.131, Inclusion of Selected Projects in Planning Documents, requires the project sponsor and the state to include the selected project in the local and statewide transportation improvement programs.

New §7.132, Project Implementation, requires the project sponsor and applicable railroad to comply with all applicable laws and regulations, including all applicable state procedures, requirements, and standards and specifications. It requires opportunity for public involvement and any required environmental documentation. An agreement between the state and the project sponsor is required, which must include the responsibilities and duties of the parties, local match funding commitment, the scope and course of the project, and the maximum amount of available funding. As required by statute, the agreement must also designate the department to manage the project under the laws and regulations applicable to state highway projects.

New §7.133, Elimination of Project from the Program, provides the department's executive director criteria for eliminating a project after selection. A project may be eliminated from the program if a project sponsor does not meet the requirements of the program, if a project sponsor chooses to withdraw, if significant deviations from the approved scope of work would be required, if construction has not been initiated within three years of project selection, or if the required agreement is not signed within one year after project selection.

New §7.134, Reporting to the Commission, requires the department to submit to the commission annually a report regarding project nominations and selected projects.

FISCAL NOTE

Stephen Stewart, Chief Financial Officer, has determined, in accordance with Government Code, §2001.024(a)(4), that for each of the first five years in which the proposed rules are in effect, there will be no fiscal implications for state or local governments as a result of the department's or commission's enforcing or administering the proposed rules.

LOCAL EMPLOYMENT IMPACT STATEMENT

Jeff Davis, Director, Rail Division, has determined that there will be no significant impact on local economies or overall employment as a result of enforcing or administering the proposed rules and therefore, a local employment impact statement is not required under Government Code, §2001.022.

PUBLIC BENEFIT

Mr. Davis has determined, as required by Government Code, §2001.024(a)(5), that for each year of the first five years in which the proposed rules are in effect, the public benefit anticipated as a result of enforcing or administering the rules will be a significant improvement of highway congestion and travel time savings at approximately 10 rail-highway and pedestrian-rail crossings. The rule will make neighborhoods safer, eliminate train-vehicle and train-pedestrian accidents, reduce air pollution, and ensure that emergency services and school busses can access the other side of railroad tracks. The public will also benefit from improved truck freight fluidity and the influence to adjacent state and local system roadways. The proposed rules allow unique projects that would otherwise be difficult to implement.

COSTS ON REGULATED PERSONS

Mr. Davis has also determined, as required by Government Code, §2001.024(a)(5), that for each year of that period there are no anticipated economic costs for persons, including a state agency, special district, or local government, required to comply with the proposed rules and therefore, Government Code, §2001.0045, does not apply to this rulemaking.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS

There will be no adverse economic effect on small businesses, micro-businesses, or rural communities, as defined by Government Code, §2006.001, and therefore, an economic impact statement and regulatory flexibility analysis are not required under Government Code, §2006.002.

GOVERNMENT GROWTH IMPACT STATEMENT

Mr. Davis has considered the requirements of Government Code, §2001.0221 and anticipates that the proposed rules will have no effect on government growth. He expects that during the first five years that the rule would be in effect:

(1) it would not create or eliminate a government program;

(2) its implementation would not require the creation of new employee positions or the elimination of existing employee positions;

(3) its implementation would not require an increase or decrease in future legislative appropriations to the agency;

(4) it would not require an increase or decrease in fees paid to the agency;

(5) it would not create a new regulation;

(6) it would not expand, limit, or repeal an existing regulation;

(7) it would not increase or decrease the number of individuals subject to its applicability; and

(8) it would not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

Mr. Davis has determined that a written takings impact assessment is not required under Government Code, §2007.043.

SUBMITTAL OF COMMENTS

Written comments on the proposed new §§7.120 - 7.134 may be submitted to Rule Comments, General Counsel Division, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483 or to RuleComments@txdot.gov with the subject line "Financial Assistance for Rail." The deadline for receipt of comments is 5:00 p.m. on August 4, 2025. In accordance with Transportation Code, §201.811(a)(5), a person who submits comments must disclose, in writing with the comments, whether the person does business with the department, may benefit monetarily from the proposed amendments, or is an employee of the department.

STATUTORY AUTHORITY

The amendments are proposed under Transportation Code, §201.101, which provides the commission with the authority to establish rules for the conduct of the work of the department, and more specifically, Transportation Code, §471.010, which authorizes the commission to adopt rules as necessary to implement that section.

The authority for the proposed amendments is provided by S.B. No. 1555, 89th Regular Session, 2025. The primary author and the primary sponsor of that bill are Sen. Robert Nichols and Rep. Jared Patterson, respectively.

CROSS REFERENCE TO STATUTES IMPLEMENTED BY THIS RULEMAKING

Transportation Code, §471.010

§ 7.120. Purpose.

This subchapter prescribes the policies and procedures for the implementation and administration of the Off-System Rail Grade Separation State Fund Program authorized by Transportation Code, §471.010.

§ 7.121. Definitions.

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

(1) Commission--Texas Transportation Commission.

(2) Department--Texas Department of Transportation.

(3) Director--Director of the department’s Railroad Division.

(4) Executive director--The executive director of the department or the executive director's designee.

(5) Participating railroad--The railroad company that owns or otherwise has control of the railroad at the location of the project.

(6) Program--The Off-System Rail Grade Separation State Fund Program.

(7) Project--A project that is eligible for funding under this subchapter.

(8) Project sponsor--An entity described by §7.122(b) of this subchapter (relating to Program Eligibility).

§ 7.122. Program Eligibility.

(a) To be eligible for funding under the program, a project must:

(1) be for the construction of a grade separation structure that will either eliminate one or more adjacent at-grade rail-highway crossings or provide a grade-separated pedestrian-rail crossing;

(2) be located off the state highway system;

(3) increase public safety, enhance economic development, or reduce traffic; and

(4) constitute a logical, self-contained unit of work that can be constructed as an independent project whether it is proposed as an independent project or as a part of a larger transportation project.

(b) To be eligible to request funding under the program, the project sponsor must be the political subdivision of the state that has jurisdiction over the project's location, authority to undertake the project, and authority to enter into the agreement required under §7.132 of this subchapter (relating to Project Implementation).

(c) The crossing may involve either freight or passenger rail.

§ 7.123. Funding and Eligible Costs.

(a) Funding under the program is subject to the Texas Grant Management Standards developed by the comptroller under the Government Code, Chapter 783.

(b) Planning, detailed design activities, right of way acquisition, and utility adjustments are eligible costs.

(c) A cost is not eligible for funding under the program if it:

(1) was incurred before the department authorizes work to proceed under the agreement required under §7.132 of this subchapter (relating to Project Implementation); or

(2) is related to rail capacity improvements or the addition of mass transit infrastructure.

(d) A project may include elements that are not eligible for funding under the program. Funds used to pay for those elements do not qualify as matching funds under §7.124 of this subchapter (relating to Non-State Funding Match).

§ 7.124. Non-State Funding Match.

(a) In accordance with Transportation Code, §471.010(b), at least 10 percent of the total project costs must be provided by a source other than the state as matching funds, except that the commission may adjust the minimum local matching funds requirement for a project located in an economically disadvantaged county in accordance with Transportation Code, §222.053.

(b) Except as provided by this section, the funding match required by this section must be cash provided by or through the project sponsor. The value of donated services will not be accepted as a funding match but may be used to reduce the overall cost of the project.

(c) The project sponsor must provide the funding match required by this section before the beginning of project activities for each phase of work.

(d) The department's direct costs for the oversight of preliminary engineering and construction of the project are included as a part of the total project costs under subsection (a) of this section.

(e) The participating railroad must share in the project cost in accordance with 23 C.F.R. §646.210. This cost share may count as part of the overall non-state funding match requirement.

§ 7.125. Call for Project Nominations.

(a) Projects will be selected for available program funding through a competitive process.

(b) The department will issue a notice of a program call for project nominations that is published in the Texas Register.

(c) The notice will include information regarding the required content of the nomination package, the procedures applicable to the program call, and the specific evaluation criteria to be used during the project selection process.

§ 7.126. Nomination Package.

(a) To nominate a project during a program call, the project sponsor must submit its nomination in the form prescribed by the department. During each program call, a project sponsor may submit not more than one nomination package for a grade-separation structure to eliminate one or more adjacent at-grade rail-highway crossings and not more than one nomination package for a grade-separated rail-pedestrian crossing.

(b) The nomination package must present persuasive evidence of support for the proposed project from the affected communities and, if applicable, include a commitment to provide the non-state funding match required by §7.124 of this subchapter (relating to Non-State Funding Match) or an explanation of the project sponsor's eligibility for a funding match adjustment under Transportation Code, §222.053.

(c) A complete nomination package must be received by the department not later than the specified deadline published in the Texas Register. A nomination package that fails to include any of the items specified in this section or the respective program call is considered to be incomplete and will not be considered for funding.

(d) The department may request supplemental information as needed to conduct project screening and evaluation.

§ 7.127. Project Evaluation Committee.

The executive director will appoint a project evaluation committee consisting of department staff to make recommendations for the selection of projects funded under the program.

§ 7.128. Nomination Screening.

(a) The project evaluation committee will screen each project nomination to determine whether the project is eligible for funding under the program and applicable federal and state law and whether it meets technical standards established by applicable law and accepted professional practice.

(b) The department will notify the project sponsor if a project nomination is determined to be ineligible and the reasons for the determination.

(c) A request for reconsideration of a finding of ineligibility may be initiated only by email or letter from the project sponsor to the director setting forth reasons in support of a finding of eligibility. The email or letter requesting reconsideration must be received by the director not later than the 15th day after the day that the project sponsor received the department's notification, as established by the return receipt.

(d) The determination of the director in response to the request for reconsideration is final.

§ 7.129. Project Evaluation.

The project evaluation committee will evaluate the public safety, economic development enhancement, traffic reduction, and any other benefit of each nominated project that is determined to be eligible under §7.128(a) of this subchapter (relating to Nomination Screening) based on the specific selection criteria set forth in the program call.

§ 7.130. Project Selection and Approval.

(a) The project evaluation committee will provide project selection recommendations and supporting documentation to the director.

(b) The project evaluation committee will recommend that at least 10 percent of the total amount available in a program call go to eligible projects that are located in rural areas, unless the project evaluation committee determines that there are not sufficient eligible project applications to reach 10 percent of that amount.

(c) The director will review the recommendations and supporting documentation submitted by the committee and will select projects for funding under the program based on recommendations from the project evaluation committee, consistent with the statutory requirements and the evaluation criteria.

(d) The director will recommend projects selected under subsection (c) of this section to the commission for approval.

(e) The department will notify the project sponsor whether the project was selected and approved for funding.

§ 7.131. Inclusion of Selected Projects in Planning Documents.

(a) If a project selected is to be implemented in a metropolitan area, the department will request that the Metropolitan Planning Organization for that area immediately begin the process required to include the selected project in its Transportation Improvement Program.

(b) The department will also immediately begin the process required to include the selected project in the Statewide Transportation Improvement Program.

§ 7.132. Project Implementation.

(a) In undertaking a project, the project sponsor and the participating railroad must comply with all applicable laws and regulations, including all applicable state procedures and requirements.

(b) All projects shall be developed in compliance with the department's current standards and specifications.

(c) All project sponsors must enter into with the department an agreement that:

(1) includes a commitment from the project sponsor for the required non-state funding, if applicable;

(2) describes the total scope and course of project activities;

(3) states the maximum amount of the funding provided under this subchapter;

(4) designates the department to manage the project on behalf of the project sponsor in accordance with Transportation Code, §471.010(d); and

(5) outlines the responsibilities and duties of the parties to the agreement.

(d) Before the department will fund any construction activities, the project sponsor must enter into the agreement required by subsection (c) of this section and demonstrate that required opportunities for public involvement have been provided and that all applicable environmental documentation has been completed.

(e) Any change to the scope of work specified in the selected nomination package must have the advance written approval of the executive director.

(f) The department is responsible for the inspection, final acceptance, and certification of a project.

§ 7.133. Elimination of Project from the Program.

The executive director may eliminate all or a part of a project from participation in the program if:

(1) the project sponsor fails to satisfy any requirement of this subchapter or the agreement required under §7.132 of this subchapter (relating to Project Implementation);

(2) implementation of the project would involve a significant deviation from the scope of work in the approved nomination package;

(3) the project sponsor withdraws from participation in the project;

(4) construction has not been initiated within three years after the date that the project was approved by the commission; or

(5) the agreement required under §7.132 of this subchapter (relating to Project Implementation) is not executed within one year after the date that the project was approved by the commission.

§ 7.134. Reporting to the Commission.

Annually, the department will submit a report to the commission on the project nominations and projects approved for funding.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 20, 2025.

TRD-202502084

Becky Blewett

Deputy General Counsel

Texas Department of Transportation

Earliest possible date of adoption: August 3, 2025

For further information, please call: (512) 463-3164


CHAPTER 25. TRAFFIC OPERATIONS

SUBCHAPTER A. GENERAL

43 TAC §25.1

The Texas Department of Transportation (department) proposes the amendments to §25.1 concerning Uniform Traffic Control Devices.

EXPLANATION OF PROPOSED AMENDMENTS

Under Transportation Code, §544.001, the Texas Transportation Commission (commission) is required to adopt a manual for a uniform system of traffic control devices. The statute further states that the manual must be consistent with the state traffic laws and to the extent possible conform to the system approved by the American Association of State Highway Transportation Officials. The edition of the manual that is currently effective is the 2011 Revision 2 version.

The Manual on Uniform Traffic Control Devices (MUTCD) is adopted and published by the Federal Highway Administration (FHWA) under Title 23, Code of Federal Regulations, Part 655, Subpart F. The federal MUTCD defines the standards used by road managers nationwide to install and maintain traffic control devices on all streets, highways, pedestrian and bicycle facilities, and site roadways open to public travel. The Texas Manual on Uniform Traffic Control Devices (Texas MUTCD) is revised periodically to maintain substantial conformance with the federal MUTCD to allow use of a single manual for local, state, and Federal-aid highway projects.

Amendments to §25.1 adopt the 2025 Texas MUTCD by reference. The federal MUTCD was published with an effective date of January 18, 2024 and Texas is required to adopt the state manual by January 18, 2026. The purpose of the updates is to revise standards, guidance, options, and supporting information relating to the traffic control devices in all parts of the MUTCD. The changes will promote uniformity and incorporate technology advances in the traffic control device application, and ultimately improve and promote the safe and efficient utilization of roads that are open to public travel.

The department has requested FHWA to allow certain variations from the federal manual based on Texas laws and policies. Due to the implementation deadline, the department determined that it would be best for the purposes of these rules to post the manual for public comment with the language recommended for the variations, even though the variations have not yet been approved by FHWA. This will provide interested individuals the opportunity to comment on the department's recommended language as compared to the language in the federal MUTCD.

The pending issues are located in:

1. Section 2A.08 (Par. 03)- font choice

2. Sections 2B.27 (Par. 07), 2B.28 (Par. 03)- placement of Mandatory Movement Lane Control signs

3. Sections 2B.30A, 2D.26 - Turnaround ONLY sign & plaque

4. Sections 2B.31, 31A, 31B and Sections 2C.30, 34- sign text size

5. Section 2B.72 - No Electronic Messaging by Driver sign format

6. Section 2B.74 - Seat Belt sign format

7. Sections 2C.10 (Figure 2C-1) and 2C.43 (Figure 2C-10) - Large Arrow sign design

8. Section 2C.25 (Figure 2C-6)- use of clearance arrow plaque

9. Section 2C.41A- use of HIGHWAY INTERSECTION AHEAD sign

10. Sections 2E and 2G - use of LEFT EXIT or LEFT LANE panels

11. Section 2E.39A - use of Overhead Down Arrow guide signs

12. Section 2E.42 (Figures 2E-44, 46) - Optional Exit Lane sign design

13. Section 2F (multiple Figures throughout)- Toll Road sign design

14. Section 2G (multiple Figures throughout)- Preferential and Managed Lane sign design

15. Section 2L.02 (Par. 02)- alert message types permitted on dynamic/changeable message signs

16. Section 2L.04 (Par. 07)- use of warning beacons on dynamic/changeable message signs

17. Figure 2M-9- use of symbol on Destination Guide Sign for kayaking

18. Figure 2N-1- use of symbol on Hurricane Evacuation Route sign

19. Section 3A.04 (Par. 02)- definition of a "wide line"

20. Section 6H.08B- use of Upward Sloping Arrow sign

21. Section 7C.02 (Par. 04)- use of school zone transverse line

The 2025 version of the Texas MUTCD is available for review online at the department's website at www.txdot.gov and at the department's Traffic Safety Division office at 6230 East Stassney Lane in Austin, Texas. The federal MUTCD is available online at https://mutcd.fhwa.dot.gov.

FISCAL NOTE

Stephen Stewart, Chief Financial Officer, has determined, in accordance with Government Code, §2001.024(a)(4), that for each of the first five years in which the proposed rules are in effect, there will be no fiscal implications for state or local governments as a result of the department's or commission's enforcing or administering the proposed rules.

LOCAL EMPLOYMENT IMPACT STATEMENT

Michael Chacon, P.E., Director, Traffic Safety Division, has determined that there will be no significant impact on local economies or overall employment as a result of enforcing or administering the proposed rules and therefore, a local employment impact statement is not required under Government Code, §2001.022.

PUBLIC BENEFIT

Mr. Chacon has determined, as required by Government Code, §2001.024(a)(5), that for each year of the first five years in which the proposed rules are in effect, the public benefit anticipated as a result of enforcing or administering the rules will be a more uniform use of traffic control devices statewide. This uniformity increases user comprehension and therefore improves safety and mobility for all users on all streets and highways open to public travel.

COSTS ON REGULATED PERSONS

Mr. Chacon has also determined, as required by Government Code, §2001.024(a)(5), that for each year of that period there are no anticipated economic costs for persons, including a state agency, special district, or local government, required to comply with the proposed rules and therefore, Government Code, §2001.0045, does not apply to this rulemaking.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS

There will be no adverse economic effect on small businesses, micro-businesses, or rural communities, as defined by Government Code, §2006.001, and therefore, an economic impact statement and regulatory flexibility analysis are not required under Government Code, §2006.002.

GOVERNMENT GROWTH IMPACT STATEMENT

Mr. Chacon has considered the requirements of Government Code, §2001.0221 and anticipates that the proposed rules will have no effect on government growth. He expects that during the first five years that the rule would be in effect:

(1) it would not create or eliminate a government program;

(2) its implementation would not require the creation of new employee positions or the elimination of existing employee positions;

(3) its implementation would not require an increase or decrease in future legislative appropriations to the agency;

(4) it would not require an increase or decrease in fees paid to the agency;

(5) it would not create a new regulation;

(6) it would not expand, limit, or repeal an existing regulation;

(7) it would not increase or decrease the number of individuals subject to its applicability; and

(8) it would not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT

Mr. Chacon has determined that a written takings impact assessment is not required under Government Code, §2007.043.

PUBLIC HEARING

Pursuant to the Administrative Procedure Act, Government Code, Chapter 2001, the Texas Department of Transportation will conduct a public hearing to receive comments concerning the proposed rules. The public hearing will be held at 10:00 a.m. on August 7, 2025, in the Duro Canyon Meeting Room, First Floor, Stassney Headquarters, 6230 East Stassney Lane, Austin, Texas, and will be conducted in accordance with the procedures specified in 43 TAC §1.5. Those desiring to make comments or presentations may register starting at 9:30 a.m. Any interested persons may appear and offer comments, either orally or in writing; however, questioning of those making presentations will be reserved exclusively to the presiding officer as may be necessary to ensure a complete record. While any person with pertinent comments will be granted an opportunity to present them during the course of the hearing, the presiding officer reserves the right to restrict testimony in terms of time and repetitive content. Organizations, associations, or groups are encouraged to present their commonly held views and identical or similar comments through a representative member when possible. Comments on the proposed text should include appropriate citations to sections, subsections, paragraphs, etc. for proper reference. Any suggestions or requests for alternative language or other revisions to the proposed text should be submitted in written form. Presentations must remain pertinent to the issues being discussed. A person may not assign a portion of his or her time to another speaker. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print or Braille, are requested to contact the General Counsel Division, 125 East 11th Street, Austin, Texas 78701-2483, (512) 463-8630 at least five working days before the date of the hearing so that appropriate services can be provided.

SUBMITTAL OF COMMENTS

Written comments on the amendments to §25.1, may be submitted to Rule Comments, General Counsel Division, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483 or to RuleComments@txdot.gov with the subject line "TMUTCD." The deadline for receipt of comments is 5:00 p.m. on September 2, 2025. In accordance with Transportation Code, §201.811(a)(5), a person who submits comments must disclose, in writing with the comments, whether the person does business with the department, may benefit monetarily from the proposed amendments, or is an employee of the department.

STATUTORY AUTHORITY

The amendments are proposed under Transportation Code, §201.101, which provides the Texas Transportation Commission (commission) with the authority to establish rules for the conduct of the work of the department, and more specifically, Transportation Code §544.001, which requires the commission to adopt a manual of uniform traffic control devices.

CROSS REFERENCE TO STATUTE

Transportation Code, Chapter 544

§ 25.1. Uniform Traffic Control Devices.

(a) The 2025 [2011] Texas Manual on Uniform Traffic Control Devices[, Revision 2,] was prepared by the Texas Department of Transportation to govern standards and specifications for all traffic control devices to be erected and maintained upon any street, highway, bikeway, public facility, or private property open to public travel within this state, including those under local jurisdiction, and is adopted by reference. Copies of the manual are available online through the Texas Department of Transportation web site, www.txdot.gov, and a copy is available for public inspection at the department's Traffic Safety [Operations] Division office located at 6230 East Stassney Lane [118 East Riverside Drive], Austin, Texas 78744.

(b) This manual will be periodically updated. In the intervals between updates, standards contained in "Official Rulings on Requests for Interpretations, Changes, and Experimentation" to the United States Department of Transportation's Manual on Uniform Traffic Control Devices for Streets and Highways will be inserted in this manual and may be used as interim standards.

(c) This manual is not intended to preclude the use of sound engineering judgment and experience in the application and installation of devices and particularly in those cases not specifically covered which must not conflict with the manual or other applicable state laws.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 20, 2025.

TRD-202502085

Becky Blewett

Deputy General Counsel

Texas Department of Transportation

Earliest possible date of adoption: August 3, 2025

For further information, please call: (512) 463-3164