SECTION 27.36. Commission Action

(a) Preliminary approval.

(1) The commission may preliminarily approve the construction of a project if it finds that the project:

(A) will be consistent with the state transportation plan and an existing regional transportation plan developed by a metropolitan planning organization, if any, of a municipality within whose municipal limits or extraterritorial jurisdiction the proposed project is to be located;

(B) will have no significant overall adverse impact on the economy of the region in which the project is to be located;

(C) will have no significant overall adverse impact on the free flow of trade between the Republic of Mexico and the State of Texas with respect to a project located in whole or in part in a county adjacent to the border between the state and the Republic of Mexico or in a county adjacent to such a county; and

(D) will produce the revenue sufficient to finance the construction, maintenance, operation, design, and planning of the project based upon accurate traffic data and projections.

(2) Prior to granting preliminary approval of a project, the commission shall consider:

(A) the impact of the project on the economies of each county in which the project is to be located and of the municipalities within those counties; and

(B) the views, comments, and certification, if any, of a metropolitan planning organization submitted under §27.33(a)(2)(A) of this title (relating to Application).

(3) The commission may not grant preliminary approval of a project unless it finds that the project will provide for all reasonable and feasible measures to avoid, minimize, or mitigate for adverse environmental impacts as well as, when practicable, measures to enhance the environment.

(b) Final approval. Subsequent to preliminary commission approval under subsection (a) of this section, the applicant shall submit plans, specifications, and estimates. If the department finds the plans and specifications to be in compliance with the design manuals and the latest versions of the department's standard specifications for construction of highways, streets, and bridges, the commission will grant final approval for the project. All construction plan sheets shall be signed, sealed, and dated in accordance with the Texas Engineering Practice Act by a registered professional engineer.

(c) Order of approval or disapproval. Preliminary and final approval of the project shall each:

(1) be by written order of the commission;

(2) include the rationale, findings, and conclusions on which approval or disapproval is based; and

(3) if approved, contain any specified conditions deemed by the commission to be necessary and appropriate.

Source Note: The provisions of this §27.36 adopted to be effective February 21, 1996, 21 TexReg 977.