1. (a) Purpose. A public hearing is held to present project alternatives and to encourage and solicit public comment.

2. (b) When to hold a public hearing. A project sponsor will hold a public hearing if:

   1. (1) a request for hearing is received under §2.106 of this subchapter (relating to Opportunity for Public Hearing);
   2. (2) ten or more individuals submit a written request for a hearing, except that a public hearing is not required under this paragraph if a public hearing has been held concerning the project before the requests are received or if the hearing requests are received after the environmental review document or documentation of categorical exclusion for the project is approved; or

   3. (3) the project is:

      1. (A) a project with substantial public interest or controversy;
      2. (B) an EIS project;
      3. (C) a high-profile project;
      4. (D) a project that constructs a new facility on a new location;
      5. (E) a project that requires the taking of public land designated and used as a park, recreation area, wildlife refuge, historic site or scientific area, as covered in the Parks and Wildlife Code, Chapter 26; or
      6. (F) a project that requires the use or taking of private land encumbered by an agricultural conservation easement purchased under Natural Resources Code, Chapter 183.

3. (c) Notice requirements.

   1. (1) At a minimum, the project sponsor will publish, at least 30 days before the day of a public hearing one notice of the hearing in a local newspaper having general circulation in the area affected by the project. If there is no local newspaper in the area affected by the project, the project sponsor will publish notice in a newspaper having general circulation in the area affected by the project. For a project that constructs a reliever route, notice must also be published in a newspaper of general circulation in the bypassed area.
   2. (2) In addition to the other notice required by this subsection, the project sponsor will select a minimum of one additional outreach method to inform the public of the public hearing.
   3. (3) The project sponsor will mail notice of the public hearing to landowners abutting the roadway within the proposed project limits, as identified by tax rolls or other reliable land ownership records, and to affected local governments and public officials.

   4. (4) For projects requiring the use or taking of public land designated and used as a park, recreation area, wildlife refuge, historic site, or scientific area under Parks and Wildlife Code, Chapter 26, the project sponsor shall publish notice in accordance with this paragraph.

      1. (A) The notice must be given in writing to the person, organization, department, or agency that has supervision of the land proposed to be used or taken at least 30 days before the date for the public hearing.
      2. (B) The notice must be published in a newspaper, as specified in the subparagraph, once a week for three consecutive weeks. The last date of publication may not be less than one week or more than two weeks before the date of the hearing. The notice must be published in a newspaper of general circulation that is published at least six days a week in the county where the land proposed to be used or taken is situated or if such a newspaper does not exist in that county, in any county adjoining the county where the land is situated. If such newspaper is not published in any adjoining county, the notice must be published in the nearest county to where the land is situated.

4. (d) Procedural requirements.

   1. (1) The hearing will be held after location and design studies are developed and the environmental review document or documentation of categorical exclusion is approved for public disclosure by the department delegate.
   2. (2) The project sponsor will make the maps, drawings, environmental reports, and documents concerning the project available to the public for not less than the 30 consecutive days before the date of the public hearing.
   3. (3) The project sponsor shall establish a deadline for accepting public comments of not less than 10 days after the date of the public hearing. For an EIS project, the project sponsor shall establish a deadline for accepting public comments of not less than 15 days after the date of the public hearing.

5. (e) Documentation requirements.

   1. (1) After the public hearing, the project sponsor will submit to the department delegate a public hearing summary and analysis that includes:

      1. (A) two copies of the verbatim transcript;
      2. (B) a comment and response report; and
      3. (C) the original certification of the public participation process that conforms to guidelines established by the department and signed by the department public hearing officer.
   2. (2) For a public hearing regarding an EIS, the project sponsor will document the number of positive, negative, and neutral public comments received in accordance with Transportation Code, §201.811(b). This information must be presented to the commission in an open meeting and reported on the department's website in a timely manner.

Source Note:The provisions of this §2.107 adopted to be effective April 16, 2014, 39 TexReg 2941.