Texas Register, Volume 38, Number 32, Pages 4957-5134, August 9, 2013 Page: 5,054

                                
[hapter 4-5, Subhapter A,] of this title (relating to Transportation
Planning).
(2) An applicant for state or federal financial assistance un-
der this chapter must submit evidence of coordination efforts to the de-
partment. This evidence must include a certification that, whenever
possible, and to the maximum extent feasible, the existing network of
transportation providers, and in particular the fixed route components
of public transportation systems, will be used to meet the client trans-
portation requirements of the state's social service agencies and their
clients.
(3) The department will encourage, to the maximum extent
possible, state health and human services agencies to base their trans-
portation funding decisions on the recommendations that result from
the:
(A) planning processes described under paragraph (1)
of this subsection; and
(B) evidence of coordination efforts submitted under
paragraph (2) of this subsection.
(c) Standards. Contractors shall at all times coordinate the pro-
vision of public transportation services with other transportation opera-
tors, both public and private, in the local area. Contractors shall furnish
the department copies of any coordination agreements or other doc-
uments that demonstrate a good faith effort to reduce duplication of
effort while improving the efficiency and effectiveness of transit ser-
vices to the public. The department may suggest coordination efforts
and may direct state and federal grant funding towards that end.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on July 26, 2013.
TRD-201303021
Jeff Graham
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: September 8, 2013
For further information, please call: (512) 463-8683
43 TAC 31.40, 31.42
(Editor's note: The text of the following sections proposed for repeal
will not be published The sections may be examined in the offices of
the Texas Department of Transportation or in the Texas Register office,
James Earl Rudder Building, 1019 Brazos Street, Austin, Texas.)
STATUTORY AUTHORITY
The repeals are proposed under Transportation Code, 201.101,
which provides the Texas Transportation Commission with the
authority to establish rules for the conduct of the work of the de-
partment, and more specifically, Transportation Code, Chapter
455, which provides the general powers and duties for the De-
partment of Transportation regarding mass transportation.
CROSS REFERENCE TO STATUTE
Transportation Code, Chapter 455.
931.40. Public Involvement.
31.42. Standard Federal Requirements.

This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on July 26, 2013.
TRD-201303022
Jeff Graham
General Counsel
Texas Department of Transportation
Earliest possible date of adoption: September 8, 2013
For further information, please call: (512) 463-8683
SUBCHAPTER E. PROPERTY MANAGEMENT
STANDARDS
43 TAC 31.51, 31.57
STATUTORY AUTHORITY
The amendments and new section are proposed under Trans-
portation Code, 201.101, which provides the Texas Transporta-
tion Commission with the authority to establish rules for the con-
duct of the work of the department, and more specifically, Trans-
portation Code, Chapter 455, which provides the general powers
and duties for the Department of Transportation regarding mass
transportation.
CROSS REFERENCE TO STATUTE
Transportation Code, Chapter 455.
31.51. Asset Management.
(a) Purpose. Title 49 U.S.C. 5326 authorizes the Secretary
of the U.S. DOT to establish and implement a national transit asset
management system. Recipients and subrecipients must develop transit
asset management plans and report to the Secretary annually.
(b) Affected agencies. Subrecipients of federal transit assis-
tance through the department must comply with 49 U.S.C. 5326.
(c) Department role. The department acts as the designated re-
cipient of multiple Federal Transit Act programs. As the administering
agency the department will:
(1) provide guidance to agencies requesting assistance with
the development of a transit asset management plan;
(2) certify subrecipient compliance with 49 U.S.C. 5326
requirements;
(3) provide the Federal Transit Administration (FTA) with
an annual report that includes at a minimum:
(A) overall condition of transit assets;
(B) changes since the last report;
(C) performance measures; and
(D) progress in meeting performance measure targets.
(d) Subrecipient responsibilities.
(1) Subrecipients shall develop a transit asset management
plan that covers rolling stock, equipment, infrastructure, and facilities
leased or owned by the agency. At a minimum, the plan must include:
(A) capital asset inventories;
(B) condition assessments;

38 TexReg 5054 August 9, 2013  Texas Register