This section sets deadline rules the department must include in its standards for environmental review decisions and related letters.
Sec. 201.759. REVIEW DEADLINES. (a) The following deadlines must be included in the standards adopted under Section 201.752: (1) the department shall issue a classification letter not later than the 30th day after the date the department receives notice from a local government sponsor under Section 201.755; (2) for a project classified as a programmatic categorical exclusion, the environmental decision must be rendered not later than the 60th day after the date the supporting documentation is received by the department; (3) for a project classified as a categorical exclusion, the environmental decision must be rendered not later than the 90th day after the date the supporting documentation is received by the department; (4) for a project that requires the preparation of an environmental assessment: (A) the department must provide all department comments on a draft environmental assessment not later than the 90th day after the date the draft is received by the department; and (B) the department must render the environmental decision on the project not later than the 60th day after the later of: (i) the date the revised environmental assessment is submitted to the department; or (ii) the date the public involvement process concludes; (5) the department must render the environmental decision on any reevaluation not later than the 120th day after the date the supporting documentation is received by the department; and (6) for a project that requires the preparation of an environmental impact statement, the department shall render the environmental decision not later than the 120th day after the date the draft final environmental impact statement is submitted. (b) Review deadlines under this section specify the date by which the department will render the environmental decision on a project or the time frames by which the department will make a recommendation to the Federal Highway Administration, as applicable. (c) A deadline that falls on a weekend or official state holiday is considered to occur on the next business day. Added by Acts 2011, 82nd Leg., R.S., Ch. 943 (H.B. 630), Sec. 2(a), eff. September 1, 2011. Added by Acts 2011, 82nd Leg., R.S., Ch. 1060 (S.B. 548), Sec. 2(a), eff. September 1, 2011. Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 21(a), eff. September 1, 2011.