SECTION 58.4. General Procedures and Requirements for Review

(a) Toll project entities must submit one hard copy and one machine-readable/searchable electronic copy of the transcript of proceedings in a standard electronic format.

(b) The required transcript of proceedings should be sent to the General Counsel Division of the Office of the Attorney General at its Austin office location by one of the following methods: United States Postal Service first-class mail in a properly addressed and sufficiently stamped envelope or box; or by courier or overnight delivery service in a properly addressed and prepaid envelope or box. The address for delivery by United States Postal Service mail is: General Counsel Division, Office of the Attorney General, Mail Code 074, P.O. Box 12548, Austin, Texas 78701-2548, Attn: CDA Review. The address for courier or overnight delivery service is: General Counsel Division, Office of the Attorney General, Room 102; Mail Code: 074, 300 W. 15th Street, Austin, Texas 78701, Attn: CDA Review.

(c) Except as provided by subsection (e) of this section, the OAG will provide the legal sufficiency review no later than the 60th business day after the date the examination fee and the complete transcript of proceedings are properly received as required by Texas Transportation Code §371.051(b).

(d) The legal sufficiency determination will be issued in writing and sent to the toll project entity. The legal sufficiency determination is public information and is subject to disclosure.

(e) If the OAG cannot provide a legal sufficiency determination within the 60 business day period, the OAG will notify the toll project entity in writing of the reason for the delay and may, in its sole discretion, extend the review period for not more than an additional 30 business days.

(f) The computation of the 60 business day review period under Texas Transportation Code §371.051(d) does not begin until the OAG determines that it has received a complete transcript and any fee required in accordance with §58.7 of this chapter. The toll project entity will be notified in writing of the date upon which the OAG received the complete transcript and review fee.

(g) The OAG will not make a legal sufficiency determination without receiving documents, certifications, and other information from the toll project entity that are deemed necessary by the OAG, in its sole discretion, to support a determination that a comprehensive development agreement is legally sufficient for the purposes of Texas Transportation Code §371.051, including the payment of any examination fees required under §58.7 of this chapter.

(h) The OAG may request one or more conferences or teleconferences with authorized members or representatives of the Department or the toll project entity as may be necessary to obtain additional information and seek clarification regarding the contents of the proposed comprehensive development agreement. Additionally, the OAG may request clarification, briefing, or additional supporting documentation as deemed necessary by the OAG to support a determination of legal sufficiency.

(i) If, after consultation with the Department or the toll project entity as appropriate, the OAG determines, in its sole discretion, that the comprehensive development agreement is, or is not, legally sufficient, the OAG will issue a written determination to that effect that includes a brief explanatory statement.

Source Note: The provisions of this §58.4 adopted to be effective October 25, 2011, 36 TexReg 7155