Legislative Affairs
Both the Texas Legislature and the United States Congress address many important transportation issues that affect the Dallas-Fort Worth area.
Transportation and air quality in the North Central Texas region are impacted by legislative decisions at the State and federal levels.
NCTCOG staff regularly update policy and technical committee members, transportation partners and others interested in monitoring legislative initiatives related to the Regional Transportation Council (RTC) legislative priorities.
In order to understand current legislative initiatives, the RTC directed the development of a Transportation Funding 101 primer so legislators and the general public can better understand funding sources for transportation as well as trends that impact the amount of funding available. A shortfall of funding has been identified and the primer also addresses potential solutions to increase funding options.
July 2024
FROM WASHINGTON, D.C.
Transportation and Housing Urban Development (THUD) Fiscal Year (FY) 2025 Appropriations
US House
The House Appropriations Committee met on July 10, 2024, and approved the FY25 THUD Appropriations Act, proposing the allocation of $90.4 billion in discretionary funding. Key allocations include $12.6 billion for the FAA to fund air traffic control and modernization, $63.5 billion for the Federal Highway Administration, $2.7 billion for the Federal Railroad Administration, and $15.3 billion for the Federal Transit Administration. This totals nearly $7.1 billion below the final FY 2024 figure, with most cuts coming from public transit and passenger rail funding. Next steps: now that the committee has approved its proposed budget, the bill will go to the full House for approval. The House and Senate must then come together to pass a satisfactory bill to both chambers. The deadline will be September 30 for a passed bill or a continuing resolution to be filed to extend the funding at current levels.
US Senate
The Senate Committee on Appropriations met on July 25, 2024, and voted favorably on their THUD appropriations bill, allocating 13% more in funds than the House bill. The FY25 THUD bill provides $98.7 billion for transportation infrastructure and air and rail safety. Key allocations include $550 million for the RAISE program, totaling $2.05 billion in funding to date since IIJA, $22 billion for FAA modernization, $63.1 billion for highways and bridges, and $3.5 billion for Amtrak. The Senate THUD bill appropriates the public transit and passenger rail funding authorized by the Infrastructure Investment and Jobs Act (IIJA). Following this approval from the committee, the next steps will be approval by the full Senate, then work with the House to create a bill that gets approved by both chambers. The deadline for an approved bill is September 30. If both chambers do not approve a bill, then a Continuing Resolution will need to be filed to secure funding for the remainder of the time.
SCOTUS: Chevron Overturned
Last month, the U.S. Supreme Court overturned the Chevron doctrine, which required courts to defer to regulatory agencies like the Environmental Protection Agency when interpreting ambiguous statutes unless the agency's interpretation was unreasonable. This decision has led to predictions of significant changes in the administrative state, including the potential impact on mobile air emissions rules upheld by the EPA.
However, these predictions may be exaggerated. The decision mainly affects how courts evaluate challenges to agency rules, not the agencies' power to make those rules. Under Chevron, courts deferred to reasonable agency interpretations of ambiguous laws. The Supreme Court's new ruling places the responsibility of interpreting ambiguous statutes with the courts, though they themselves may still consider agency interpretations, especially on technical issues. The ruling only applies to ambiguous statutes. Agencies still have deference in policy and fact-finding decisions clearly delegated by Congress.
In summary, while the Supreme Court's decision will likely lead to more challenges against agency decisions and could result in some being overturned, it does not signify the end of regulatory agencies' rule-making authority. Courts will now play a more active role in interpreting ambiguous statutes, but agencies will continue to regulate complex areas under their jurisdiction, subject to increased judicial scrutiny.
For information on bills in the US Congress, please contact Nick Allen at nallen@nctcog.org.
FROM AUSTIN
June Texas Transportation Commission (TTC) Meeting
The Texas Department of Transportation (TxDOT) presented the draft 2025 Unified Transportation Program (UTP) at the June TTC hearing. Covering a 10-year planning horizon, it outlines expected funding and its distribution across the state. The total UTP funding has increased from $100.6 billion to $104.2 billion, with significant changes in non-traditional funding and federal additions. Strategic initiatives under the UTP include an additional $1.9 billion for the Texas Clear Lanes program, targeting the most congested roadways, and $1.7 billion for enhancing key statewide and rural corridors. After reviewing public comments and necessary updates, the Texas Transportation Commission will consider adopting the 2025 UTP on August 22, 2024.
Commissioners also discussed updates to the Fiscal Year 2026-2027 Legislative Appropriations Request (LAR). TxDOT is requesting approximately $1.6 billion in exceptional items beyond the 98% of revenues legally dedicated to highways. Key funding requests include:
- $200 million for rail support and development
- $1.24 billion for maritime investment
- $114 million for aviation maintenance and improvement
- $29 million for public transit programming
Specific rail improvements include:
- $175 million for local rail grade crossing separations
- $25 million for short line railroads
- $2.1 million for supporting the Heartland Flyer
July TTC Meeting
The July TTC Meeting included an update to the TxDOT LAR requests. FY 2026/27 budget uses include $17.99 billion for roadway maintenance and preservation and $11.05 billion in project delivery funds. Further, TxDOT staff reported that the rate of full time equivalent growth has been vastly outpaced by statewide vehicle miles traveled. Numerous freight and rail advocates appeared at the commission meeting to speak in favor of the transit exceptional items included in the FY 2026-27 LAR.
Adoption of Connecting Texas 2050
TxDOT has developed a performance-based, statewide long-range transportation plan—Connecting Texas 2050—covering a period of 26 years that provides for the development and implementation of a transportation system and includes all modes of transportation, including highways, public transit, railroads, waterways, aviation, pedestrian, and bicycle transportation facilities. Connecting Texas 2050 incorporates input from over 4,500 Texans through a statistically valid statewide survey. It details ongoing and additional strategies to address the proposed Connecting Texas 2050 long-range transportation goals of safety, preservation, mobility, connectivity, economic vitality, and stewardship. The TTC adopted Connecting Texas 2050 at the July TTC Commission meeting.
RECENT COMMITTEE MEETINGS
For additional details on recent committee hearings, please contact Joe O’Brien at jobrien@nctcog.org.
US CONGRESS
Senate Committee on Science, Commerce, and Transportation:
- 05/21- Examining the Roadway Safety Crisis and Highlight Community Solutions
- This hearing focuses on roadway safety, prioritizing pedestrians, cyclists and motorcyclists.
- 06/13- FAA Oversight of Aviation Manufacturing
- This hearing addressed findings and recommendations from the Organizational Designation Authorization Expert Review Panel and the new measures in the FAA Reauthorization Act of 2024.
House Committee on Transportation and Infrastructure:
- 06/12- Amtrak and Passenger Rail Oversight: Promoting Performance, Safety, and Accountability
- This hearing focused on the performance of Amtrack and the status of past, current, and future proposals for the company.
- 06/13- Revenue, Ridership, and Post Pandemic Lessons in Public Transit
- In this committee hearing, concerns mostly focused on public transit and the impact that COVID caused for the sector.
- 06/26- Oversight of the Department of Transportation’s Policies and Programs and Fiscal Year 2025 Budget Request
- Pete Buttigieg was present during this meeting and explained the federal Department of Transportation’s policies and projects for the future.
- 07/23- Examining the State of Rail Safety in the Aftermath of the Derailment in East Palestine, Ohio
- This hearing spoke about the tragic event in East Palestine and the factors that went in around the derailment.
TEXAS LEGISLATURE
Senate Committee on Natural Resources and Economic Development (June 13)
In a contentious interim committee meeting, the Senate Committee on Natural Resources and Economic Development invited testimony to discuss the relationship between Texas and the federal government, specifically relating to issues surrounding federal net-zero carbon agenda and other air emission provisions. John Niermann, TCEQ Chairman, and Kellie Keel, TCEQ Executive Director, criticized the EPA's excessive regulation and its economic impact on businesses. Specifically, each raised concerns about EPA standards on particulate matter and ozone mandates, stating they have no significant benefits for air quality. Several individuals from organizations like Amnesty International, Sierra Club, Airlines Houston, and Clean Water Action of Houston supported federal air quality regulations, citing health benefits and the need for stricter pollution controls.
UPCOMING COMMITTEE HEARINGS
US CONGRESS
• Congress is in recess; there will be no meetings taking place until after their return on September 9.
TEXAS LEGISLATURE
• The House State Affairs Committee will meet on July 31. The Committee will meet to discuss interim charges, including HB 9, relating to the development and funding of broadband and telecommunications services.
• The Senate Business & Commerce Committee will meet on August 27 to examine the development and utilization of artificial intelligence (AI), and October 1 to discuss interim charges not yet disclosed on the agenda.
• The Senate Finance Committee will meet on September 5. The Committee will discuss the Broadband Infrastructure Fund.
• The Senate Transportation Committee will meet on September 18. The Committee will discuss transportation funding, report on trends or patterns to guide future planning and governance, and discuss the future of electric vehicles and infrastructure, and autonomous vehicle safety.
Texas Legislature - 88th Session January 10, 2023 - May 29, 2023
- Regional Transportation Council Legislative Program for the 88th Texas Legislature 
- 88th Texas Legislature Summary of Bills (2023)
- 87th Texas Legislature Summary of Bills (2021)
Other Resources
- Texas House of Representatives
Congressional Updates important to our region
In 2005 Congress passed the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) . This legislation guided surface transportation policy and funding through 2009. Nine short-term extensions passed since SAFETEA-LU expired in 2009. The final short-term extension of SAFETEA-LU extended surface transportation authorization through June 30, 2012.
On July 6, 2012, President Obama signed into law a two-year $105 billion surface transportation authorization, titled Moving Ahead for Progress in the 21st Century (MAP-21). MAP-21 reauthorized the federal-aid highway, highway safety and transit programs that were last authorized by SAFETEA-LU. New programs and funding levels began on October 1, 2012, and continued through September 30, 2014. The final short-term extension of MAP-21 expired on December 4, 2015.
On December 4, 2015, President Obama signed the Fixing America's Surface Transportation (FAST) Act into law, which authorizes Federal highway, transit, safety and rail programs for five years at $305 billion. The FAST Act is effective October 1, 2015 through September 30, 2020.
2019 RTC Principles for Federal Surface Transportation Authorization