Texas Administrative Code Title 43 - TRANSPORTATION
1. Overview of Texas Administrative Code – Title 43 (Transportation)
Title 43 of the Texas Administrative Code (TAC) governs transportation in Texas, and it is primarily enforced by the Texas Department of Transportation (TxDOT). It establishes rules for:
Highway construction, maintenance, and design
Transportation project funding and contracts
Vehicle operations, safety regulations, and permits
Licensing and procedural requirements for contractors and operators
Title 43 gives TxDOT authority to regulate transportation projects, set construction standards, manage contracts, and enforce compliance with state law.
2. Structure of Title 43
Title 43 is divided into chapters, with the most significant being:
Chapter 1 – Organization and Administration
Covers TxDOT powers, responsibilities, and administrative procedures.
Chapter 5 – Design and Construction
Rules for planning, design standards, materials, and construction of transportation facilities.
Chapter 9 – Contracts
Governs how TxDOT awards contracts, procedures for bidding, and contractor responsibilities.
Chapter 15 – Permits
Covers issuance of oversize/overweight permits for vehicles, right-of-way encroachments, and utility permits.
Chapter 25 – Vehicle Regulations
Contains operational and safety rules for commercial vehicles, hazardous materials, and vehicle inspections.
Purpose: Ensure safe, efficient, and lawful operation of Texas transportation systems while providing transparency and fairness in project contracts.
3. Key Provisions and Rules
A. Chapter 5 – Design and Construction
TxDOT establishes minimum design and construction standards for roads and bridges.
Materials and methods: Contractors must follow TxDOT specifications for asphalt, concrete, and structural components.
Inspections: TxDOT can inspect work at any stage to ensure compliance.
Non-compliance: Work failing to meet standards can be rejected or require remediation.
Case Principle: Courts have upheld TxDOT’s authority to reject non-compliant work, even if the contractor performed according to an alternate standard, as long as TxDOT acted within its administrative discretion.
B. Chapter 9 – Contracts
Bidding Procedures: Contracts must be awarded through competitive bidding unless otherwise authorized.
Disqualification/Debarment: Contractors can be barred from bidding due to criminal violations, default, or previous failure to comply with specifications.
Change Orders: TxDOT may approve changes to contracts to account for unforeseen circumstances.
Case Principle: In Texas Department of Transportation v. Trautmann Construction, the court held that TxDOT’s decision to reject a bid was valid because the agency followed the procedural rules for bid evaluation and acted within statutory authority. Contractors cannot challenge TxDOT discretion absent a clear violation of rules or abuse of discretion.
C. Chapter 15 – Permits
TxDOT issues oversize/overweight permits for vehicles.
Rules include: maximum allowable dimensions, routes, and safety requirements.
Penalties: Violating permit terms can lead to fines, revocation, or suspension.
Case Principle: Courts have affirmed TxDOT’s authority to revoke permits for violations, emphasizing public safety. In these cases, courts apply substantial evidence review to ensure revocation was justified.
D. Administrative Enforcement and Hearings
TxDOT may hold administrative hearings for permit violations, contract disputes, or contractor debarment.
Procedures follow Texas Administrative Procedure Act, which ensures due process.
Case Principle: In Houston v. TxDOT, the court emphasized that TxDOT must provide proper notice and an opportunity to be heard before imposing penalties or revoking permits. Failure to do so could invalidate the agency’s action.
4. Statutory Authority
Title 43 TAC derives authority from the Texas Transportation Code, which grants TxDOT power to regulate highways, issue permits, and manage construction projects.
Courts uphold administrative rules if they stay within the statutory grant, are reasonable, and follow prescribed procedures.
5. Case Law Principles Relevant to Title 43
| Principle | Explanation | Example |
|---|---|---|
| Administrative Rules Are Binding | TxDOT rules have the force of law and are enforceable in court. | Contractors must comply with specifications in design/construction rules. |
| Deference to Agency Discretion | Courts defer to TxDOT’s technical and contractual decisions if made in good faith and under statutory authority. | Decision to reject a bid or approve a change order is generally upheld. |
| Procedural Compliance Required | TxDOT must provide notice, hearings, or other due process before imposing penalties. | Permit revocation or contractor debarment requires proper notice and opportunity to contest. |
| Substantial Evidence Review | Courts review administrative actions to ensure evidence supports agency decisions. | Oversize/overweight permit revocation upheld if violations documented. |
6. Practical Impact
For Contractors
Must follow TxDOT specifications for construction, materials, and project management.
Must comply with bidding rules, permit conditions, and safety regulations.
Risk of debarment or fines if rules violated.
For Operators/Transporters
Must follow vehicle size and weight limits, route restrictions, and permit rules.
Violations can lead to administrative penalties or criminal fines.
For TxDOT
Holds discretion in contract awards, project inspections, and permit issuance.
Must ensure due process in enforcement actions.
Courts generally defer to TxDOT’s technical and administrative expertise if procedures are followed.
7. Summary Table of Key Sections
| Chapter | Key Purpose | Enforcement Mechanism |
|---|---|---|
| 1 – Organization & Administration | Defines TxDOT authority | Agency oversight, administrative rules |
| 5 – Design & Construction | Set design, materials, inspection standards | Rejection, remediation, contractual remedies |
| 9 – Contracts | Bidding, awards, contractor eligibility | Disqualification, debarment, change orders |
| 15 – Permits | Vehicle permits, right-of-way | Revocation, fines, suspension |
| 25 – Vehicle Regulations | Safety, operations, commercial vehicles | Administrative penalties, inspections |
8. Key Takeaways
Title 43 TAC ensures safe, efficient, and legal transportation operations in Texas.
TxDOT has broad discretion in construction, contracts, and permits, but must follow its own rules and provide due process.
Courts defer to TxDOT technical and administrative decisions unless there is clear procedural error, abuse of discretion, or statutory violation.
Contractors and vehicle operators must strictly comply with regulations or face administrative penalties, debarment, or fines.
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