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Section 5: State Laws and Regulations

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The laws and regulations of the State of Texas and Texas Department of Transportation (TxDOT) policy also govern the Texas Traffic Safety Program. On the state level, the Texas Traffic Safety Act of 1967 authorizes the program. The program is administered under the rules specified in Title 43, Texas Administrative Code, §§ 25.901 – 25.913.

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The Texas Traffic Safety Act of 1967

Chapter 723, Texas Transportation Code, the Traffic Safety Act, declares it to be a vital government purpose and function of the state and its legal and political subdivisions to establish, develop, and maintain a traffic safety program in Texas. Section 723.032 authorizes TxDOT to enter into grants and contracts to carry out a duty or activity that is part of the statewide Traffic Safety Program.

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Uniform Grant Management Standards

The aforementioned provisions of the Texas Transportation Code, which are contained in Texas Government Code, Chapter 783, act as the corresponding state equivalent of the federal Common Rule. Since states are allowed to use their own management systems if they are at least as restrictive as the requirement in the Common Rule, this management structure incorporates existing federal standards for grant management contained in 2 C.F.R. Part 200.

Although the states are given the right to use their own systems to manage programs, the U.S. Department of Transportation (USDOT) provides the grant funds, and therefore determines what types of programs are eligible for funding.

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Governor’s Highway Safety Representative

The Federal Highway Safety Act of 1966 makes the Governor of Texas responsible for preparing and administering a statewide Traffic Safety Program designed to reduce traffic crashes and the resulting property damage, injuries, and fatalities. The Governor has named the Executive Director of TxDOT to act as his or her representative in the Texas Traffic Safety Program.

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Governor’s Executive Orders

The following governor’s executive orders also regulate the Texas Traffic Safety Program:

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Intellectual Property

TxDOT’s policies and procedures relating to intellectual property are contained in the Texas Transportation Code § 201.205; Title 43, Texas Administrative Code §§ 22.20 – 22.22; and the TxDOT Legal Manual, Chapter 1, accessible online through the TxDOT network.

The Texas Traffic Safety Program Grant Agreement General Terms and Conditions (described in Chapter 4, Section 3 of this manual) also covers intellectual property (see Article 20).

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