SECTION 5.55. Commission Approval to Negotiate

The commission may authorize the executive director to negotiate the financial terms of a potential pass-through agreement under this subchapter or, if the proposer is a private entity, authorize the department to solicit competitive proposals under §5.56 of this subchapter, after considering:

(1) the proposer's proposed financial contribution to the project from sources other than the department, in relation to total project cost;

(2) the geographic area affected;

(3) local public support for the project;

(4) for a highway project, whether the project is included in the department's Unified Transportation Program;

(5) the extent to which the project will relieve congestion on the state highway system;

(6) the potential safety benefit that may be derived from the project;

(7) potential benefits to regional air quality that may be derived from the project;

(8) the compatibility of the proposed project with existing and planned transportation facilities;

(9) the extent to which the project will close gaps in the state transportation system;

(10) whether the entity has or intends to designate a contiguous geographic area in the jurisdiction of the entity as a transportation reinvestment zone under Transportation Code, Chapter 222, Subchapter E, if the proposer is a public entity;

(11) the proposer's proposed amount and period for department reimbursement and proposed pass-through payment schedule;

(12) the economic development potential in the area;

(13) the financial strength of the proposer;

(14) whether the project is part of a hurricane evacuation route;

(15) whether the project has application to a military base realignment or closure;

(16) the experience of the proposer in developing similar transportation projects; and

(17) the relationship of the proposed project to stated commission goals.

Source Note: The provisions of this §5.55 adopted to be effective February 19, 2009, 34 TexReg 1100