SECTION 58.7. Fee Requirements

(a) A transcript of proceedings for a legal sufficiency review of a proposed comprehensive development agreement must be accompanied by a non-refundable examination fee as required by Texas Transportation Code §371.051. The examination fee is due and payable at the time the toll project entity submits its transcript of proceedings to the OAG for review in accordance with Subchapter B of this chapter.

(b) The examination fee required for the legal sufficiency review shall be $100,000 for each CDA submitted to the OAG for a legal sufficiency determination review.

(c) A toll project entity is entitled to collect or seek reimbursement of the full amount of the examination fee from the private participant under the proposed comprehensive development agreement as authorized by Texas Transportation Code §371.051(f).

(d) If the toll project entity submits multiple proposed comprehensive development agreements or supplements relating to the same toll project for review, the entity shall pay the required examination fee for each proposed comprehensive development agreement.

(e) The examination fee required by this section applies only to a comprehensive development agreement submitted to the OAG on or after June 17, 2011.

(f) Warrants or checks should be payable to The Office of the Attorney General.

(g) No waivers or exceptions to the fee requirement are authorized by Texas Transportation Code §371.051.

Source Note: The provisions of this §58.7 adopted to be effective October 25, 2011, 36 TexReg 7155