1. (a) Policy. In accordance with Government Code, Chapter 485, it is the policy of the department to cooperate with the Office of the Governor's Music, Film, Television, and Multimedia Office to the greatest extent possible to fully implement the state's goal of promoting the development of the music, film, television, and multimedia industries in Texas. This section is intended to encourage and facilitate access to department highway facilities and their adjacent right-of-way for the promotion of that goal while protecting the safety of the traveling public and the integrity of state highway facilities and right-of-way.

2. (b) Activities included. A person or entity desiring to produce a film, video, or other production on a segment of the state highway system must first obtain the approval of the department for any activity within state highway right-of-way that:

   1. (1) requires a closure of a segment of the state highway system;
   2. (2) will otherwise disrupt the normal flow of traffic;
   3. (3) could damage state highway right-of-way or other facilities of the department; or
   4. (4) in any way affects the safety of the traveling public.

3. (c) Request.

   1. (1) A person or entity desiring approval for an activity subject to this section must first notify the Texas Film Commission. That office will provide general information, including instructions on how to submit a request for approval to the department.

   2. (2) After contacting the Texas Film Commission, the person or entity must submit, as early as possible, preferably at least 30 days in advance of the proposed production, a written request by mail or facsimile to the department district or districts in which the production will occur. The request shall include the following information:

      1. (A) the location of the production, including county name, highway number, and description of the physical location;
      2. (B) the proposed schedule of start and stop times at each location (commonly known as preparation and wrap);
      3. (C) a brief description of the proposed activities, including the proposed placement of production company personnel and equipment on state highway right-of-way; and
      4. (D) a permit or appropriate documentation as may be required by applicable local ordinance of a municipality if the production is within the limits of an incorporated area.
   3. (3) The district engineer may request additional information necessary to make his or her determination under subsection (d) of this section.

4. (d) Approval. The district engineer will approve the request if he or she determines that:

   1. (1) the proposed production is consistent with the safety and convenience of the traveling public;
   2. (2) the proposed production will not cause substantial negative impacts to the environment, including landscape features;
   3. (3) the proposed production does not conflict with scheduled maintenance or construction activities;
   4. (4) the convenience of abutting property owners and residents is adequately protected, and adequate access for such persons to their property is assured; and

   5. (5) if a closure is proposed:

      1. (A) the requestor has designed to the department's satisfaction a traffic control plan to protect both motorists and all participants and spectators, and that will not substantially inconvenience the traveling public; and
      2. (B) there will be appropriate passage allowance for emergency vehicle travel.

5. (e) Agreement. If the district engineer approves the proposed production, the requestor must execute a written agreement with the department prior to the production. The agreement will contain terms and conditions the department deems necessary to protect the public safety and the integrity of the facility and adjacent right-of-way including, but not limited to:

   1. (1) the location of the production, including county name, highway number, and description of the physical location;
   2. (2) the schedule of start and stop times at each location;
   3. (3) a description of the activities, including the placement of people and equipment that the requestor will place on state highway right-of-way;
   4. (4) the traffic control plan, if applicable;
   5. (5) a statement that the requestor assumes all costs associated with the production;
   6. (6) a statement that the requestor will avoid or minimize impacts, and will, at its own expense, restore or repair damage occurring outside the right-of-way and restore or repair the right-of-way, including roadway and drainage structures, signs, pavement, etc., to a condition equal to that existing before the production, and, to the extent practicable, restore the natural environment, including landscape features;
   7. (7) a statement that the requestor shall indemnify and save harmless the state, its officers, employees, agents, and contractors from claims and liabilities due to the activities of the requestor;
   8. (8) suitable documentation that the requestor has obtained adequate insurance naming the department as a coinsured by the requestor or responsible party in an amount and form acceptable to the department for the payment of any damages which may occur during the time period of encroachment and to save the state harmless;
   9. (9) a statement that the requestor will abide by all state and federal environmental laws and any conditions required by the department to protect the environment;

   10. (10) if the production requires a closure:

       1. (A) a traffic enforcement plan, including a letter, by mail or facsimile, from the law enforcement agency that will be providing the traffic control for the event, or a contact name and telephone number for the responsible law enforcement agency; and
       2. (B) assurance that there will be appropriate passage allowance for emergency vehicle travel; and
   11. (11) such other terms and conditions determined by the district engineer to be essential for the protection of the public safety.
6. (f) Disapproval. If a district engineer disapproves a request for approval of a production, he or she will provide written notice, by mail or facsimile, describing the basis for the determination. The district engineer will also provide notice of disapproval by telephone if requested by the requestor.
7. (g) Appeal. A requestor may appeal a district engineer's disapproval to the department's assistant executive director, field operations, by submitting to that official by mail or facsimile the information provided to the district engineer.

8. (h) Signs.

   1. (1) A production company may place two temporary signs, one for each direction of travel, at the point of departure from the state highway system, for the purpose of guiding production personnel to the site of an approved production, provided that each sign:

      1. (A) does not contain red on the front or back of the sign, and does not appear to represent any official regulatory, warning, or guide sign;
      2. (B) is no larger than 36 inches by 36 inches;
      3. (C) is made of heavy cardboard or 1/4 inch thick plastic, or other material as approved by the district engineer;
      4. (D) is mounted on wood supports no greater than two inches by two inches in thickness, and has no more than two supports;
      5. (E) has a mounting height of no less than one foot and no more than three feet above ground level;
      6. (F) is not located on the mainlanes of a controlled access highway (it may be located on the frontage road of a controlled access highway); and
      7. (G) is not mounted on a traffic control device and is placed so as to not interfere with other traffic control devices.
   2. (2) A sign may not be installed more than one day before filming starts and must be removed within one day after the filming is completed.
   3. (3) If a sign becomes a hazard due to inclement weather, inadequate maintenance, accidental damage, or other cause, the department will remove the sign.
   4. (4) A sign not removed in compliance with paragraph (2) of this subsection is subject to removal by the department and the applicant is liable for removal and disposal costs as provided by §25.10 of this title (relating to Signs on State Highway Right-of-Way).

Source Note:The provisions of this §22.13 adopted to be effective March 1, 1995, 20 TexReg 963.