Chapter 26: Records

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Section 1: Documentation Provisions

General

Proper management of relocation records is important, and steps must be taken to ensure that any applicable retention requirements for each record is met per the Texas State Library and Archives Commission as referenced in the below link for Transportation:

https://www.tsl.texas.gov/sites/default/files/public/tslac/slrm/state/schedules/601.PDF

Records present a chronological account of official events that must be made available at reasonable hours for review and audit by representatives of State and Federal agencies. Maintain records on all displacements, relocation services and payments using the available standard forms for documenting necessary information.

Handle records of relocation services and payments according to instructions in Chapter 2 Laws, Regulations and TxDOT Policy. If a governmental agency other than TxDOT administers the relocation program, the same instructions apply. TxDOT will oversee record management activities of other governmental agencies.

Information maintained on the availability and prices of comparable DSS replacement housing and commercial facilities under provisions of Material Maintained in the ROW PD parcel files may be discarded after the properties have sold or rented, and the data is of no further value to any displacee. This is not applicable to information concerning comparable properties used in support of replacement housing payment computations. Handle this payment support data similar to other required project information.

Support requests to the ROW Program Office for determination of entitlement or relocation payment authorization, with an electronic copy, as required for that section.

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Replacement Housing Documentation

ROW PD records shall contain a document stating that the displacee was relocated into comparable and/or DSS replacement housing, as applicable. If the displacee, by his/her own choice, does not move into comparable replacement housing, document records to show:

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that the comparable replacement housing required by these instructions was available on the market;

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that the displacee was informed of the availability of the comparable replacement housing;

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that the displacee was advised of the financial assistance available for moving into the comparable and/or DSS replacement housing;

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that the displacee chose not to use these services; and

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the basis and supporting calculations for any adjustments made in the displacee’s comparable and/or DSS replacement housing or moving expense entitlement.

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Displacement Records

Maintain a record of all displacees and all contacts with displacees in which relocation assistance or payments was discussed. Use form ROW-R-96 Relocation Advisory Assistance Parcel Record, to document required basic information and to record the date and substance of the first personal contact with displacee. The ethnic code must be entered on form ROW-R-96 Relocation Advisory Assistance Parcel Record, and if refused by displacee, a brief explanation is required at the bottom of the form, which the displacee signs to certify as being correct. Handle reports of follow-up contacts with displacees in the same manner as parcel negotiation reports.

Maintain a record of persons occupying parcel remainders who are not displaced by ROW acquisitions, showing at least the date and substance of all contacts with those individuals and the date and place each is informed of:

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his/her displacement status;

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his/her right to review of TxDOT’s decision regarding his/her entitlement to relocation benefits; and

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where and how an application requesting a review may be submitted.

File written personal contact reports (form ROW-R-96 Relocation Advisory Assistance Parcel Record) showing the date, place and substance of the meeting; who was contacted; and the name of the contacting agent. If applicable, also show the names of others attending the meeting.

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Reports

TxDOT shall submit an annual statistical report to FHWA on its real property acquisition and relocation activities. The data shall include the number of acquisitions, condemnations, residential displacees, and nonresidential displacees, as well as all funds that are paid as a result of acquisition and relocation activities.

The ROW Program Office shall prepare a statistical report for the 12-month period of each fiscal year. TxC shall be updated regularly and in a timely manner by ROW PD to ensure accurate reporting to FHWA. Acquisition activities for LPA-acquired, off-system projects not entered in TxC, shall be tracked and, upon request, reported to the ROW Program Office each fiscal year.

Limited English Proficiency (LEP) encounters shall be tracked in TxC. These individuals need access to the same benefits, programs, information and services provided to everyone else. Tracking these encounters helps TxDOT stay in compliance with Title VI of the Civil Rights Act of 1964. Refer to the TxC Tracking LEP Encounters job aid.