Texas Codes

Tex. Transp. Code § 203.022 (2026)

Rules Governing Notice And Comment

✓ current as of May 2026

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Sec. 203.022. RULES GOVERNING NOTICE AND COMMENT. (a) The department shall by rule provide owners of adjoining property and affected local governments and public officials with notice and an opportunity for comment on a state highway project that involves:

(1) the addition of one or more vehicular lanes to an existing highway; or

(2) the construction of a highway at a new location.

(b) The department shall by rule provide additional notice and opportunity for comment on a project described by Subsection (a) if conditions relating to land use, traffic volumes, and traffic patterns have changed significantly since the project was originally subject to public review and comment.

(c) The department shall by rule provide procedures for informing adjoining property owners and affected local governments and public officials of impending construction.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Notes of Decisions

Cited in 3 cases, 2004–2004 · leading case: Brazoria Cnty. v. Texas Comm'n on Env't Quality, 128 S.W.3d 728 (Tex. App. 2004).

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Brazoria Cnty. v. Texas Comm'n on Env't Quality, 128 S.W.3d 728 (Tex. App. 2004). “See Tex. Transp. Code Ann. §§ 203.022 , 223.004(e) (West 1999), 366.”

Brazoria Cnty., Texas v. Texas Comm'n on Env't Quality, F/K/A Texas Nat. Resource Conservation Comm'n Texas Transp. Comm'n & Texas Dep't of Transp. (Tex. App. 2004). “A rule is “a state agency statement of general applicability that: (i) implements, interprets, or prescribes law or policy; or (ii) describes the procedure or practice requirements of a state agency.” Id. § 2001.”

Brazoria Cnty., Texas v. Texas Comm'n on Env't Quality, F/K/A Texas Nat. Resource Conservation Comm'n Texas Transp. Comm'n & Texas Dep't of Transp. (Tex. App. 2004). “See Tex. Transp. Code Ann. §§ 203.022 , 223.004(e) (West 1999), 366.”

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