SECTION 11.317. Maintenance and Operation; Dedication for Public Use


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  • (a) A project selected by the commission shall be maintained and operated for the purpose for which it was approved and funded and for a period of time that is commensurate with the amount of federal investment in the project.

    (b) A project selected by the commission shall be dedicated for public use for the greater of:

    (1) a period that is commensurate with the amount of federal investment in the project; or

    (2) 10 years, if the amount of federal investment in the project is $1 million or less, or 20 years, if the amount of federal investment is more than $1 million.

    (c) If at any time the project sponsor can no longer maintain and operate the project for its intended purpose, the sponsor will return the federal share used for the project in accordance with current deferral recapture procedures.

Source Note: The provisions of this §11.317 adopted to be effective October 12, 2014, 39 TexReg 7938