(a) Purpose. This section describes the criteria governing the installation and financing of continuous lighting and safety lighting systems on segments of the state highway system.
(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Bikeway--A facility designed or designated for use by bicycles.
(2) Continuous lighting system--A system that provides uniform illumination of a continuous section of a segment of the state highway system.
(3) Department--The Texas Department of Transportation.
(4) District engineer--The chief administrative officer for a district of the department.
(5) Executive director--The executive director of the department.
(6) Freeway--A divided highway with full control of access.
(7) Functional manual--The latest edition of the manual or manuals, published by the department's traffic operations division, governing the installation, maintenance, and operation of lighting systems.
(8) Highway--A road, bridge, or highway that is a segment of the state highway system, and which may include a bikeway or pedestrian way.
(9) Pedestrian way--A facility designed for pedestrian use, such as a walkway, sidewalk, or pedestrian bridge.
(10) Safety lighting system--A system that provides safer and more efficient movement of nighttime traffic at urban or rural interchanges, highway intersections, and points of nighttime hazard on segments of the state highway system.
(c) Funding eligibility.
(1) Continuous lighting system. The department may expend funds for the construction, maintenance, or operation of a continuous lighting system on the following types ofhighways: (2) Safety lighting system. (3) Bikeway and pedestrian way lighting. (d) Local government installation and financing. (1) Local governments may finance, install, and operate a continuous lighting or safety lighting system on a highway not lighted by the department, provided that the lighting system installed by the local government on a segment of the state highway system meets all safety-related requirements under federal and state law and functional manuals. (2) When requested by a local government, the department will cooperate in the consideration of a lighting system, and may assist in system development, planning, and design. (e) Method of financing. (1) Continuous lighting systems. A local government shall participate in the installation, maintenance, and operation of continuous lighting systems by choosingone of the following two methods of participation. (2) Safety lighting systems. (3) Excess costs. When the participating local government desires that special or unusual amenities, qualities, or features be incorporated into the lighting system beyond the standard design equipment, systems, or practices of the department or beyond that otherwise provided for by the department, the desires of the local government will be incorporated into the lighting system as much as is practicable, provided that the local government furnishes all additional estimated funds in accordance with the terms of an escrow agreement between the department and the local government. (f) Agreement. (1) Financing, installation, maintenance, and operation of lighting systems in which the department participates in the cost shall be in accordance with the terms and conditions of an agreement between the department and the local government. (2) A local government may operate or maintain a lighting system contrary to theterms of the agreement if the district engineer finds that such action would be consistent with the safety of the traveling public. (g) Default. If a local government defaults on any lighting agreement with the department, the department will discontinue any further funding of continuous lighting systems in that local government's jurisdiction, unless the executive director determines that such action would be inconsistent with the safety of the traveling public.
Source Note: The provisions of this §25.11 adopted to be effective November 18, 1994, 19 TexReg 8774.