(a) Purpose. This section describes the criteria governing the installation and financing of continuous lighting and safety lighting systems on segments of the state highway system.
(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.
  (1) Bikeway--A facility designed or designated for use by bicycles.
  (2) Continuous lighting system--A system that provides uniform illumination of a continuous section of a segment of the state highway system.
  (3) Department--The Texas Department of Transportation.
  (4) District engineer--The chief administrative officer for a district of the department.
  (5) Executive director--The executive director of the department.
  (6) Freeway--A divided highway with full control of access.
  (7) Functional manual--The latest edition of the manual or manuals, published by the department's traffic operations division, governing the installation, maintenance, and operation of lighting systems.
  (8) Highway--A road, bridge, or highway that is a segment of the state highway system, and which may include a bikeway or pedestrian way.
  (9) Pedestrian way--A facility designed for pedestrian use, such as a walkway, sidewalk, or pedestrian bridge.
  (10) Safety lighting system--A system that provides safer and more efficient movement of nighttime traffic at urban or rural interchanges, highway intersections, and points of nighttime hazard on segments of the state highway system.
(c) Funding eligibility.
  (1) Continuous lighting system. The department may expend funds for the construction, maintenance, or operation of a continuous lighting system on the following types of highways:
    (A) multi-lane divided urban freeways with full control of access; and
    (B) multi-lane arterial highways with partial control of access that provide:
      (i) access to abutting property;
      (ii) at-grade crossings at minor streets and roads; and
      (iii) grade separation structures at the major crossing of arterial highways, streets, and roads.
  (2) Safety lighting system.
    (A) The department may expend funds for safety lighting systems on any highway designated as a part of the state highway system, provided that the department anticipates that:
      (i) the safety of nighttime traffic movements will be enhanced; and
      (ii) the incidence of nighttime accidents might be minimized or eliminated.
    (B) A continuous lighting system may qualify as a safety lighting system, provided that:
      (i) the system is installed on a freeway with full control of access;
      (ii) the freeway passes through unincorporated areas, or through incorporated areas with a municipal population of less than 50,000 people according to the most recent federal census;
      (iii) the freeway has an average daily traffic volume in excess of 70,000 vehicles; and
      (iv) a department study of the traffic volume or nighttime accident rate of the freeway indicates that continuous lighting will substantially improve traffic safety and the efficiency of nighttime traffic.
  (3) Bikeway and pedestrian way lighting.
    (A) The department may expend funds for continuous and safety lighting systems on bikeways and pedestrian ways on any segment of the state highway system, and on any highway maintained by the department.
    (B) When bikeway or pedestrian way lighting is installed, the department may expend funds for lighting systems on the adjacent roadway to the same extent that lighting is provided for the bikeway or pedestrian way.
(d) Local government installation and financing.
  (1) Local governments may finance, install, and operate a continuous lighting or safety lighting system on a highway not lighted by the department, provided that the lighting system installed by the local government on a segment of the state highway system meets all safety-related requirements under federal and state law and functional manuals.
  (2) When requested by a local government, the department will cooperate in the consideration of a lighting system, and may assist in system development, planning, and design.
(e) Method of financing.
  (1) Continuous lighting systems. A local government shall participate in the installation, maintenance, and operation of continuous lighting systems by choosing one of the following two methods of participation.
    (A) 100% agreement. The department will fund the total cost of designing and installing the continuous lighting system, provided that the local government agrees to assume all of the cost of the subsequent operation and maintenance of the system.
    (B) 50-50 agreement. The department and the local government will each share one-half of the cost of installation, maintenance, and operation of a continuous lighting system, including a prorated share of the department's general and administrative costs. These costs include the preparation of plans and specifications, advertisement for bids, and letting of the contract.
  (2) Safety lighting systems.
    (A) The department may fund all or any part of the cost of installation, operation, and maintenance of a safety lighting system eligible for department participation under subsection (c)(2) or (3) of this section.
    (B) If a department installed or funded safety lighting system is later incorporated into the limits of a continuous lighting system in which the department participated in the cost of installation, the cost of operation and maintenance of the safety lighting system shall be shared by the department and the local government on the same basis as they share the cost of operation and maintenance of the continuous lighting system.
    (C) If a department installed or funded safety lighting system is later incorporated into the limits of a continuous lighting system in which the department does not participate in the cost of installation, the department will continue to pay the entire cost of the operation and maintenance of the safety lighting system; however, the department will not participate in the cost of operation and maintenance of the continuously lighted sections into which the safety lighting system is incorporated.
  (3) Excess costs. When the participating local government desires that special or unusual amenities, qualities, or features be incorporated into the lighting system beyond the standard design equipment, systems, or practices of the department or beyond that otherwise provided for by the department, the desires of the local government will be incorporated into the lighting system as much as is practicable, provided that the local government furnishes all additional estimated funds in accordance with the terms of an escrow agreement between the department and the local government.
(f) Agreement.
  (1) Financing, installation, maintenance, and operation of lighting systems in which the department participates in the cost shall be in accordance with the terms and conditions of an agreement between the department and the local government.
  (2) A local government may operate or maintain a lighting system contrary to the terms of the agreement if the district engineer finds that such action would be consistent with the safety of the traveling public.
(g) Default. If a local government defaults on any lighting agreement with the department, the department will discontinue any further funding of continuous lighting systems in that local government's jurisdiction, unless the executive director determines that such action would be inconsistent with the safety of the traveling public.

Source Note: The provisions of this §25.11 adopted to be effective November 18, 1994, 19 TexReg 8774.