1. (a) Purpose. A public hearing is held to present project alternatives and to encourage and solicit public comment. The hearing will be held after location and design studies are developed and the environmental review document or CE/BCE/PCE documentation is considered technically complete and approved as a full disclosure document suitable for public review by the department delegate.

2. (b) Public hearing required. A project sponsor will hold a public hearing if:

   1. (1) a request for hearing is received under §2.108 of this subchapter (relating to Opportunity for Public Hearing);
   2. (2) in accordance with Transportation Code, §201.604, between one and nine individuals submit a written request for a hearing and the project sponsor is unable to address the concerns of the individuals, or if 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 CE/BCE/PCE documentation 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 requires the use or 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;
      5. (E) a project requiring a public hearing under Transportation Code, §203.021; 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) Documents available for public inspection. The project sponsor will make available to the public at designated locations for not less than 30 days before the date of a public hearing the maps, drawings, environmental studies, and documents concerning the project. For an EIS project, the project sponsor will make the DEIS available for not less than 45 days.

4. (d) Notice of public hearing.

   1. (1) A notice will contain:

      1. (A) the date, time, and location of the hearing;
      2. (B) a description of the project termini, purpose and need, improvements, and right of way needs;
      3. (C) a reference to maps, drawings, environmental studies and documents, and any other information about the project that is available for public inspection at the designated locations;
      4. (D) a reference to the potential for relocation of residences and businesses and the availability of relocation assistance for persons displaced;
      5. (E) a statement that written comments may be presented for a period of 10 days after the hearing;
      6. (F) the address where written comments may be submitted;
      7. (G) whether the project encroaches on a floodplain, wetland, or a sole-source aquifer recharge zone;
      8. (H) in accordance with Parks and Wildlife Code, §26.002, a statement, if applicable, that the project will require the use or taking of public land designated and used as a park, recreation area, wildlife refuge, historic site, or scientific area;
      9. (I) in accordance with Natural Resources Code, §183.057, a statement, if applicable, that the project will require the use or taking of land protected by an agricultural conservation easement; and
      10. (J) a statement that provision will be made for persons with special communication or physical needs related to the public hearing if requested.

   2. (2) Publication of notice.

      1. (A) Except as provided in subparagraph (B) of this paragraph, the project sponsor, at a minimum, will publish a notice twice in local newspapers having general circulation. 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. The first notice will be published at least 30 days before the date of the hearing. The second notice will be published not more than 20 days or less than seven days before the date of the hearing.

      2. (B) 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 will publish notice under this subparagraph.

         1. (i) 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.
         2. (ii) The notice must state clearly the proposed program or project and the date, time, and place for the public hearing. The notice must be given at least 30 days before the date for the public hearing.
         3. (iii) Notice must also be given to the public by publishing a notice similar to that specified in this section once a week for three consecutive weeks. The last days 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. If such a newspaper does not exist, the notice must be published in a qualifying newspaper that is published in any county adjoining the county where the land is situated. If such a newspaper is not published in any adjoining county, the notice must be published in a qualifying newspaper published in the nearest county to the county where the land is situated.
   3. (3) If a substantial portion of the population that will be affected by the project has limited English proficiency (LEP), the project sponsor will also publish notice in the primary language of the LEP population in accordance with Presidential Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency.
   4. (4) The project sponsor will mail notice to landowners abutting the proposed project, as identified by tax rolls, and to affected local governments and public officials.
   5. (5) The project sponsor will maintain a list of elected public officials, individuals, and groups interested in transportation projects, and will provide notification to these individuals and groups of a public hearing.
5. (e) Public hearing and comment. The project sponsor will make all testimony given at a public hearing a part of the public hearing record. A person or other entity will submit written comment to the project sponsor not later than 10 days after the date of the close of the public hearing.

6. (f) Documentation of public hearing. If the project sponsor held a public hearing, the project sponsor will submit to the department delegate for review and approval:

   1. (1) two copies each of the verbatim transcript, the public hearing summary and analysis, and the comment and response report;

   2. (2) the original certification of the public participation process signed by an authorized representative of the project sponsor, containing:

      1. (A) general information on the public hearing;
      2. (B) a statement regarding consideration of the economic, social, and environmental impacts of the project;
      3. (C) a statement regarding consideration of the statutory provisions of the Civil Rights Act of 1964 and the Civil Rights Restoration Act of 1987;
      4. (D) a statement regarding the project's consistency with planning goals and objectives; and
      5. (E) a statement that the requirements of this section have been met.

Source Note:The provisions of this §2.109 adopted to be effective April 16, 2012, 37 TexReg 1727.