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

1. (1) Commission—The Texas Transportation Commission.
2. (2) Congestion Mitigation and Air Quality Improvement Program (CMAQ)—A federal program, established and administered in accordance with 23 United States Code §104 and federal regulations, which provides federal funds for a project in a non-attainment area that contributes to the attainment of a natural ambient air quality standard or will have certified benefits to air quality.
3. (3) Construction cost—All direct and indirect costs identified by the department's cost accounting system to a highway improvement project, other than for right of way acquisition, preliminary engineering, and construction engineering.
4. (4) Construction engineering cost/expenses—Engineering or project administration costs and expenses incurred, including indirect costs and expenses identified by the department's cost accounting system, on a highway improvement project after contract award.
5. (5) Department—The Texas Department of Transportation.
6. (6) District office—One of the 25 geographical areas, managed by a district engineer, in which the department conducts its primary work activities.

7. (7) Economically disadvantaged county—As determined from data provided to the department by the Texas Comptroller of Public Accounts at the beginning of each fiscal year, a county that has, in comparison to other counties in the state:

   1. (A) below average per capita taxable property value;
   2. (B) below average per capita income; and
   3. (C) above average unemployment.
8. (8) Eligible utilities—Costs of utility adjustments, required by a highway improvement project, that are eligible, in accordance with federal and state law, for reimbursement by the department.
9. (9) Executive director—The executive director of the department, or a designee not below the level of deputy executive director or assistant executive director.
10. (10) Farm and Ranch to Market (FM/RM) System Route—A road on the system of roads designated by the commission under Transportation Code, §201.104.
11. (11) Federal funds—Financial assistance provided by the federal government for highway improvement projects.
12. (12) Highway improvement project—A project which provides for the design, construction, improvement, or enhancement of a public road, including bridges, culverts, or other necessary structures related to public roads, either on or off the state highway system.
13. (13) Incremental payments—A local government's payment of its funding share in a manner other than the standard payment provision provided in §15.52(6)(A) of this title (relating to Agreements), including an initial payment made in accordance with that section, followed by payment of the remaining amount at a time established in the funding agreement, or periodic payments made in accordance with the schedule established in the funding agreement.
14. (14) Local government—Any county, city, other political subdivision of this state, or special district that has the authority to finance a highway improvement project.
15. (15) Local participation—Minimum financial assistance provided by a local government to participate in costs associated with highway improvement projects.
16. (16) Matching funds/participation ratio—Those portions of funds required or chargeable for the contribution toward a highway improvement project's cost by a local government.
17. (17) Metropolitan highway - A local road or street which compliments the state highway system, as designated by the commission.
18. (18) Metropolitan planning organization (MPO)—An organization designated in certain urbanized areas to carry out the transportation planning process as required by 23 United States Code §134.
19. (19) National Highway System (NHS)—A part of the National Intermodal Transportation System consisting of the National System of Interstate and Defense Highways and those principal arterial roads which are essential for interstate and regional commerce and travel, national defense, intermodal transfer facilities, and international commerce and border crossings as designated by the United States Congress by criteria set forth in federal law.
20. (20) National System of Interstate and Defense Highways (Interstate Highway System)—A system of roads and bridges that constitute a part of the National Highway System designated by the United States Congress as essential for interstate and regional commerce and travel, national defense, intermodal transfer facilities, and international commerce and border crossings.
21. (21) Off-State Highway System Bridge Program—A federally mandated program by which federal funds are made available to replace or rehabilitate bridges under the jurisdiction of a local government and not on the state highway system, administered in accordance with criteria set forth under federal law and regulations and state law, safety standards, design standards, and construction standards.
22. (22) Off-state highway system routes—Those routes not designated on the state highway system which are the responsibility of local governments.
23. (23) Off-State Highway System Safety Program—A federally mandated program by which federal funds are made available for safety improvements to facilities under the jurisdiction of a local government and not on the state highway system, administered in accordance with criteria set forth under federal law and regulations and state law, safety standards, design standards, and construction standards.
24. (24) On-State Highway System Bridge Program—A federally mandated program by which federal funds are made available to replace or rehabilitate bridges on the state highway system in accordance with criteria set forth under federal law and regulations and state law, safety standards, design standards, and construction standards.
25. (25) On-State Highway System Safety Program—A federally mandated program by which federal funds are made available for safety improvements on the state highway system in accordance with criteria set forth under federal law and regulations and state law, safety standards, design standards, and construction standards.
26. (26) Phase 1 Trunk System Corridor—Corridors of the Texas Trunk System prioritized for project development by the commission.
27. (27) Preliminary engineering cost/expenses—Costs and expenses incurred, including indirect costs and expenses identified by the department's cost accounting system, on a highway improvement project before contract award.
28. (28) Principal Arterial Street System (PASS) Program—A commission approved program to improve urban arterial streets designated on the state highway system to relieve major traffic corridors and enhance total system operations in urban areas over 200,000 in population.
29. (29) Reconstruction—The primary activities involving the rebuilding of a segment of highway along the existing route as well as those associated with the acquisition of rights of way where necessary to upgrade to current standards.
30. (30) Rehabilitation—The primary activities to restore, or re-establish in good condition, a segment of highway (not including the construction of additional travel lanes, other than high occupancy vehicle lanes or auxiliary lanes).
31. (31) Reservoir agency—A public or private agency that has the authority to construct, maintain, or operate a reservoir facility.
32. (32) Right of way costs—All direct and indirect costs identified by the department's cost accounting system for the acquisition of land or an interest in land necessary for the development of a highway improvement project (including access rights to abutting properties and usually including eligible utility relocation/adjustment costs).
33. (33) Right of way procurement—That process identified with the acquisition of real property, access rights, mineral rights, and easements permitted in accordance with state law for the construction of approved highway improvement projects.
34. (34) State funds—Money received by the department, other than federal funds or local participation, to be expended for highway improvement projects.
35. (35) 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.
36. (36) State highway system routes—Those state numbered routes designated as a part of the state highway system.
37. (37) State Park Road Program—A program by which state funds are utilized to construct roads within or adjacent to public facilities administered by the Texas Parks and Wildlife Department.
38. (38) Surface Transportation Program (STP)—A federal-aid program where states may obligate federal funds to projects related to certain public roads, in accordance with the criteria established in federal law and regulations.
39. (39) Texas Trunk System—A rural highway network as defined in §15.41 of this title (relating to Definitions).
40. (40) Transportation Enhancement Program—A federally mandated program identified in §11.200 et seq. of this title (relating to Statewide Transportation Enhancement Program), providing federal funding for activities that enhance the intermodal transportation systems and facilities within the state for the enjoyment of the users of those systems.
41. (41) United States (U.S.) System Route—Those routes designated on the state highway system as U.S. highways and eligible for federal-aid funds as set forth in federal law and regulations.
42. (42) Urban Road System—A commission designated system of routes that consist of the continuation of Farm to Market Roads in urban areas over 50,000 in population.
43. (43) Urban Streets Program—A state program of projects, designated by the commission, on certain urban streets developed and constructed in accordance with state law and safety, design, and construction standards.
44. (44) Urbanized area—As defined in 23 United States Code §101, an area with a population of 50,000 or more designated by the United States Bureau of Census, within boundaries to be fixed by responsible state and local officials in cooperation with each other, and subject to the approval of the United States Secretary of Transportation.
45. (45) Utility relocation/adjustment costs—Costs of work related to the adjustment, relocation, and removal of utility facilities accomplished in accordance with §21.21 of this title (relating to State Participation in Relocation, Adjustment, and/or Removal) and §§21.31 et seq. of this title (relating to Utility Accommodation).

Source Note:The provisions of this §15.51 adopted to be effective June 16, 1995, 20 TexReg 4122; amended to be effective September 26, 1996, 21 TexReg 8957; amended to be effective January 1, 1998, 22 TexReg 12090; amended to be effective November 22, 1998, 23 TexReg 11661; amended to be effective February 21, 1999, 24 TexReg 1194.