(a) Purpose. A public hearing is held to present project alternatives and to encourage and solicit public comment.
(b) When to hold a public hearing. A project sponsor will hold a public hearing if:
  (1) an agency with jurisdiction over the project submits a written request for a hearing that is supported by reasons why a hearing will be helpful, or ten or more individuals submit a written request for a hearing, except that a public hearing is not required under this paragraph if:
    (A) a public hearing has been held concerning the project before the request or requests are received;
    (B) the hearing request or requests are received after the environmental review document or documentation of categorical exclusion for the project is approved;
    (C) the hearing request or requests are received after the deadline specified in a notice issued under §2.106 of this subchapter (relating to Opportunity for Public Hearing); or
    (D) the project sponsor has addressed all concerns of the agency or persons requesting the public hearing;
  (2) the department delegate determines it is in the public interest; or
  (3) the project is:
    (A) a project with substantial public interest or controversy;
    (B) an EIS project; or
    (C) subject to subsection (c) of this section, a project that substantially changes the layout or function of a connecting roadway or an existing facility, including but not limited to the addition of managed lanes, high-occupancy vehicle lanes, bicycle lanes, bus lanes, and transit lanes.
(c) Exceptions for certain types of actions relating to bicycle lanes.
  (1) For purposes of subsection (b)(3)(C) of this section, none of the following actions are considered to substantially change the layout or function of a connecting roadway or an existing facility:
    (A) striping bicycle lanes when the pre-existing roadway already accommodated bicycles;
    (B) striping one or more non-continuous bicycle lanes approaching or through intersections, driveways, or other conflict areas; or
    (C) striping bicycle lanes not along, but across a roadway at an intersection to allow the continuation of planned or existing bicycle lanes on crossing local streets or other bicycle facilities.
  (2) Notwithstanding subsection (b) of this section, a hearing is not required under this section by the addition of bicycle lanes to a roadway if the project was addressed in a local hearing held under §25.55 of this title (relating to Comment Solicitation on Bicycle Road Use).
(d) Notice requirements.
  (1) At a minimum, the project sponsor will publish one notice of the hearing in a local newspaper having general circulation in the area affected by the project. 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. For a project that constructs a reliever route, notice must also be published in a newspaper of general circulation in the bypassed area.
  (2) In addition to the other notice required by this subsection, the project sponsor will select a minimum of one additional outreach method to inform the public of the public hearing.
  (3) The project sponsor will provide notice of the 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 public hearing to any public official, individual, or affected interest group that has expressed interest in the relevant transportation project.
  (5) Notice of public hearing will be provided under this section at least 15 days prior to the date of the 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.
(e) Procedural requirements.
  (1) The hearing will be held 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.
  (2) The project sponsor will make the maps, drawings, environmental reports, and documents concerning the project available to the public for not less than the 15 consecutive days before the date of the public hearing.
  (3) The project sponsor shall establish a deadline for accepting public comments of not less than 15 days after the date of the public hearing.
(f) Documentation requirements.
  (1) After a public hearing, the project sponsor will assemble documentation of the public hearing. The public hearing documentation will be forwarded to the department delegate for review and maintained in the project file.
  (2) For a public hearing regarding an EIS, the project sponsor will document the number of positive, negative, and neutral public comments received in accordance with Transportation Code, §201.811(b). This information must be presented to the commission in an open meeting and reported on the department's website in a timely manner.
(g) Role of department staff. One or more department employees must begin a public hearing by making opening remarks to the audience of attendees. Additionally, one or more department employees must be physically present during any portion of a public hearing.
(h) No effect on public meetings. Nothing in this section limits the department's ability to hold one or more public meetings on any project under §2.105 of this subchapter (relating to Public Meeting).

Source Note: The provisions of this §2.107 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