How TxDOT Works
February 19, 2025
Presentation, with active links
A 60 minute workshop presenting our understanding of TxDOT’s project planning process, and how to intervene.
NEPA Assignment is Failing Texans
Read our report.
Current Status
TxDOT’s NEPA Assignment MOU with the Federal Highway Administration (FHWA) was scheduled to be signed on December 9, 2024. The FHWA received 293 comments by that date, compared to just three in 2019 for the last renewal.
The 2019 MOU was extended to March 10, 2025 or until a new MOU is signed. It has now been extended again to September 10, 2025. FHWA will review public comments. Once complete, they plan to execute a new MOU.
Take Action
Public comment is now closed, but now the Environmental Protection Agency and NEPA itself are being targeted for budget cuts. Let your federal elected officials know we need them to protect the EPA and NEPA!
- Write to your federal representatives and senators.
- Ask your social media network to do the same! Ask your network to step in and speak up, for a thoughtful transportation system that creates access to jobs and resources for everyone.
Public Comment to the Federal Highway Administration (FHWA) on TxDOT’s NEPA Assignment closed on December 9, 2024.
- Public comment portal.
- See our public comment guide for more project information.
- Prefilled form from America Walks!
What We’re Asking For
We call on the US Department of Transportation (USDOT) and Federal Highway Administration (FHWA) to revoke TxDOT’s NEPA Assignment, or revise the 2024 Memorandum of Understanding (MOU) governing NEPA Assignment.
Our redlined draft of the MOU contains our recommendations and language from MOUs with other NEPA Assignment states. This is the MOU that will inform a transportation system that serves Texans as well as our economy.
Media
- (2024, December 9.) TxDOT’s Push For Self-Approved Environmental Reviews Faces Mixed Reactions. Dallas Express.
- Bernier, N. (2024, December 6.) TxDOT wants to keep approving its own federal environmental reviews. KUT News.
- Cohen, C. (2024, December 5.) Environmental oversight of TxDOT, at 9:00 minutes. Houston Matters.
- Wilson, K. (2024, November 25.) Should States Like Texas Be Allowed to Grade Their Own Highway Homework? STREETSBLOG USA.
- Bernier, N. (2024, November 21.) Proposal to add toll lanes along MoPac through South Austin now open to public feedback. KUT News.
- Kimble, M. (2024, November 14.) Texans can weigh in this month on TxDOT’s environmental oversight of highway expansions. Houston Chronicle.
- DeGood, K. (2023, October 30.) The I-35 Expansion in Austin, Texas Shows Why States Should Never Control Their Own Environmental Review Process. STREETSBLOG USA.
Why This Matters Now
In the next 10 years, TxDOT will invest more than $100B in Texas. Almost 98% of that budget is dedicated to highways. This despite TxDOT’s 2018 finding that on-road emissions in Texas account for nearly half a percent of total worldwide carbon dioxide emissions. NEPA studies must account for the impact of continued highway development on our people and our state, and mitigate the consequences.
The 1970 National Environmental Policy Act (NEPA) is an umbrella procedural law for proposed projects using federal funding or property. Under the US Department of Transportation (USDOT) and the Federal Highway Administration (FHWA), NEPA intends to balance transportation needs with people’s social, economic, and environmental needs.
In 2014, TxDOT joined the NEPA Assignment program, which allows them to approve their own environmental reviews and annually self-audit their compliance. It is no surprise that TxDOT gives itself As across the board. Yet the experience of Texans tells a much different story, as you can read in our report.
Data and recommendations to the Texas Transportation Commission and TxDOT
- Modeling inaccuracies, including traffic and safety; and air quality, GHG, and climate.
- Process fallacies, including strategic goals and budgeting.
Submitted on TxDOT’s Connecting Texas 2050 Statewide Long Range Transportation Plan, Austin’s I-35 Central Draft Environmental Impact Statement (DEIS), and the Unified Transportation Plan (UTP).
Transportation Codes and Regulations Governing TxDOT and MPOs
1. United State Code (USC)
- Title 23: Highways — Section 134, Metropolitan Planning; Section 135, Statewide Non-Metropolitan Planning.
- Title 49: Transit — Section 5303, Metropolitan Planning; Section 5304, Statewide and Non-Metropolitan Planning.
2. Code of Federal Regulations (CFR)
- 23 CFR, Section 450: Highways — Subpart A Definitions (450.100- 450.104); Subpart B, Statewide and non-metropolitan transportation planning (450.200- 450.226); Subpart C, Metropolitan transportation planning (450.300- 450.340).
- 49 CFR, Section 613: Transit — Subpart A, Metropolitan transportation planning and programing (613.100); Subpart B, Statewide and non-metropolitan transportation planning and programming (613.200).
3. Texas Administrative Code (TAC)
Our goals
- Change how tax dollars are spent, allowing investment in a multimodal transportation system.
- Require accurate modeling to create and analyze data that informs planning and budget decisions.
- Align projects with local development plans.
- Protect Texan’s health and safety by considering the context of project-adjacent communities and environments.