SECTION 27.75. Commission Order Directing that County Toll Project Shall Not Become Part of the State Highway System

(a) Purpose. Transportation Code, §282.008(c), provides that, except as provided in Transportation Code, §282.008(d), a county toll project becomes a part of the state highway system and the commission shall maintain the project without toll when the project debt is paid. §284.008(d) provides that before construction of a county toll project, a county may request that the commission adopt an order stating that the project will not become a part of the state highway system. This section governs the procedure by which a county may seek approval under Transportation Code, §284.008(d).

(b) Request. A county seeking commission approval under this section shall submit a written request to the department before the county enters into a contract for construction of the toll project. The request shall include:

(1) a detailed schematic indicating the location of interchanges and mainlanes; and

(2) justification for not being required to comply with the design, construction, environmental review, and public involvement requirements of §27.73 and §27.74 of this subchapter (relating to Commission Approval of County Toll Project and Design and Construction Standards for Toll Road Projects);

(3) a description of the county's experience in developing toll facilities; and

(4) a resolution in support of the request adopted by the county commissioners court.

(c) Commission order. The commission will approve a request submitted under subsection (b) of this section if the commission determines that:

(1) permanent operation and ownership of the project as a county road will be an efficient and effective method to provide transportation services in the region; and

(2) the county has the ability to provide, and a past record of providing, safe and effective highway facilities without department oversight or regulation.

Source Note: The provisions of this §27.75 adopted to be effective January 5, 2006, 30 TexReg 9005