SECTION 58.3. Legal Sufficiency Review

(a) Scope. The legal sufficiency review of a proposed comprehensive development agreement (CDA) by the Office of the Attorney General (OAG) under Texas Transportation Code §371.051 is a limited review that seeks to determine whether a proposed CDA substantially satisfies the applicable procedural, constitutional, statutory, and regulatory requirements such that a court would have some basis on which to sustain the authority of the toll project entity to enter into the CDA.

(b) Excluded Matters. A legal sufficiency review does not generally address any matters related to the viability or advisability of the CDA or the underlying project. As such, the investigation, evaluation, consideration, and assessment of matters including, but not limited to, the following are generally outside of the scope of the legal sufficiency review:

(1) policy determinations regarding the proposed CDA;

(2) consideration of business advisability and business risks associated with the proposed CDA;

(3) the technical adequacy or advisability of specific terms of a proposed CDA;

(4) the particular business, legal, or financial risks to any counter-party to a CDA;

(5) technical specifications of the proposed CDA; and

(6) the viability, timing, or financial risks associated with the proposed CDA.

Source Note: The provisions of this §58.3 adopted to be effective October 25, 2011, 36 TexReg 7155