(a) Purpose. An opportunity for a public hearing permits the public to request a public hearing for a project when the project sponsor is not otherwise obligated to hold a public hearing under §2.107 of this subchapter (relating to Public Hearing).
(b) When to afford an opportunity for public hearing.
  (1) The project sponsor will afford an opportunity for a public hearing for a project if:
    (A) the project requires the acquisition of significant amounts of right-of-way;
    (B) the project has a substantial adverse impact on abutting real property; or
    (C) the project is the subject of an environmental assessment.
  (2) A project sponsor is not required to comply with this section if the project sponsor holds a public hearing for the project under §2.107 of this subchapter.
(c) Notice Requirements.
  (1) The project sponsor will publish, at a minimum, one notice of the opportunity to request a public hearing in a local newspaper having general circulation. If there is no local newspaper in the area affected by the project, the project sponsor will publish notice in a newspaper having general circulation in the area affected by the project.
  (2) In addition, the project sponsor will select a minimum of one additional outreach method to inform the public of an opportunity to request a public hearing.
  (3) The project sponsor will provide notice of the opportunity to request a public hearing to landowners abutting the roadway within the proposed project limits, as identified by tax rolls or other reliable land ownership records, and to affected local governments and public officials.
  (4) The project sponsor will provide notice of the opportunity to request a public hearing to any public official, individual, or affected interest group that has expressed interest in the relevant transportation project.
  (5) Notice of an opportunity for public hearing will be provided under this section at least 15 days prior to the deadline for requesting a public hearing. If the notice is sent by United States mail, the notice is considered to be provided on the third day after the date of mailing.
(d) Procedural Requirements. The project sponsor will provide notice of the opportunity after preliminary location and design studies are developed and, if an environmental review document is being prepared, after the environmental review document is approved for public disclosure by the department delegate.
(e) Documentation Requirements. If, after providing an opportunity for a public hearing under this section, the project sponsor does not hold a public hearing, the project sponsor will submit to the department delegate an original certification of the public participation process containing a statement that the requirements of this section have been met.

Source Note: The provisions of this §2.106 adopted to be effective April 16, 2014, 39 TexReg 2941; amended to be effective July 20, 2016, 41 TexReg 5234; amended to be effective September 19, 2018, 43 TexReg 5987