(a) This subchapter applies in its entirety to all highway projects for which an environmental review document or documentation of categorical exclusion for the project has not been provided, in whole or in part, to the department delegate as of April 16, 2012.
(b) For highway projects for which an environmental review document or documentation of categorical exclusion has been provided, in whole or in part, to the department delegate as of April 16, 2012, this subchapter applies only if the project sponsor notifies the department delegate in writing that it elects to have the project processed under this subchapter, in which case the subchapter applies in its entirety.

Source Note: The provisions of this §2.41 adopted to be effective April 16, 2012, 37 TexReg 1727; amended to be effective April 16, 2014, 39 TexReg 2941