Three regulations and codes have particular bearing on bridge inspection.

Section 116, Maintenance

. This section states that if any project, including bridges, constructed under the provisions of this chapter is found not being properly maintained, including inspections and load posting of bridges, then the state has 90 days after the problem is called to its attention to correct the problem. If nothing is done, then approval of further projects can be withheld. This section is used to justify withholding federal funds to local entities that do not comply with the National Bridge Inspection Standards.

Section 144, National bridge and tunnel inventory and inspection standards.

This section discusses requirements to inventory all bridges and tunnels on public roads. Bridges and tunnels are to be classified according to serviceability, safety, and essentiality for public use. This section also discusses requirements for reporting of bridge inspection information.

Section 201.803, Information for Road Construction and Maintenance.

Subsection (e) allows TxDOT to request from county and municipal officials any information necessary for performance of the department’s duties under this section. Therefore, if the department first requests the information, it should have no problem obtaining as-built plans. However, in almost all cases, the department does not have prior knowledge of the construction of an off-system bridge. Often, by the time the structure is first located by the department, the plans have disappeared.

Section 201.8035, Inspection of County and Municipal Bridges.

This section deals with the inspection of off-system bridges. Subsection (a) requires TxDOT to notify local jurisdictions when a bridge qualifies for a lower load rating. Subsection (b) requires that local entities post notices on the roadway approaching the bridge. This section gives TxDOT the authority and responsibility to require posting of off-system bridges by counties and municipalities. This section holds TxDOT accountable for ensuring that off-system bridges are capable of safely carrying loads. Local entities should provide the information necessary for TxDOT to carry out this duty.

Section 621.301, County’s Authority to Set Maximum Weights.

This section allows a county to establish load limits for a county road or bridge only with the concurrence of the department. If a county determines that the load limit of a county bridge should be different from the load limit supported by a department inspection, the county must submit the proposed load limit to the district engineer. A request for a load limit must be accompanied by supporting documentation that is sealed by an engineer and that includes, at a minimum, calculations supporting the proposed limit and a structural evaluation report documenting the condition of the bridge. The district engineer concurs with a county's proposal in writing. If the department does not indicate concurrence or non-concurrence in writing within 30 calendar days of receipt by the department of a request that includes all required documentation, the proposed load limit is deemed concurred with by the department. The department may review the load limit and withdraw this concurrence at any time by providing written notification to the county. A county may appeal the decision of the district engineer by submitting a written request, along with the required documentation, to the executive director. The executive director will review the request and determine if department concurrence will be granted. The executive director's decision is final.