(a) During a program call administered by the department, TA Set-Aside funds may be awarded for any of the following activities:
  (1) construction of on-road and off-road trail facilities for pedestrians, bicyclists, and other non-motorized forms of transportation, including sidewalks, bicycle infrastructure, pedestrian and bicycle signals, traffic calming techniques, lighting and other safety-related infrastructure, and transportation projects to achieve compliance with the Americans with Disabilities Act of 1990;
  (2) construction of infrastructure-related projects and systems that will provide safe routes for non-drivers, including children, older adults, and individuals with disabilities to access daily needs;
  (3) conversion and use of abandoned railroad corridors for trails for pedestrians, bicyclists, or other non-motorized transportation users;
  (4) construction of boulevards and other roadways that are located primarily in the right of way of former interstate system highways or other divided highways and that improve access for bicyclists, pedestrians, and transit users but do not reduce on-system roadway capacity unless such a reduction has the prior approval of the department;
  (5) construction of infrastructure-related projects to improve the ability of students to walk and bicycle to school, including sidewalk improvements, traffic calming and speed reduction improvements, pedestrian and bicycle crossing improvements, on-street bicycle facilities, off-street bicycle and pedestrian facilities, secure bicycle parking facilities, and traffic diversion improvements in the vicinity of schools;
  (6) implementation of non-infrastructure activities that are designed to encourage walking and bicycling to school, including public awareness campaigns and outreach to the news media and community leaders, traffic education and enforcement in the vicinity of schools, student education on bicycle and pedestrian safety, health, and environment, and funding for training volunteers for and managers of safe routes to school programs; and
  (7) activities in furtherance of a vulnerable road user safety assessment, as defined in 23 U.S.C. §148.
(b) Planning and design activities related to any of the activities described in subsection (a) of this section are eligible for TA Set-Aside Program funds.
(c) A project that will require the acquisition of real property through the exercise of eminent domain or condemnation is not eligible for participation in the TA Set-Aside Program.
(d) Whether proposed as an independent project or as an element of a larger transportation project, the project must be limited to a logical unit of work and be constructible as an independent project.

Source Note: The provisions of this §11.404 adopted to be effective January 4, 2017, 41 TexReg 10664; amended to be effective December 30, 2020, 45 TexReg 9576; amended to be effective November 16, 2022, 47 TexReg 7561