| (a) Proposal requirements. A public or private entity may submit in writing to the department a proposal for a project or a series of projects to be developed under a pass-through agreement. The proposal must include: (1) a description of the project, including the project limits, connections with other transportation facilities, any services to be provided, and the geographic area affected; (2) an application, on a form provided by the department, that includes all scope and estimate documentation forms and related attachments and any other materials and information required by the application; (3) a statement of the benefits anticipated to result from completion of the project, including the economic development potential in the area, reduced congestion on the state highway system, enhanced safety, and improved air quality in the region; (4) a description of and documentation evidencing the local public support for the project and any local public opposition; (5) a proposed project development and implementation schedule, including an estimated date when the project will be open to traffic; (6) a description of the entity's experience in developing highway projects, if the proposer is a public entity and if the proposal is for the development of a highway project by that entity; (7) a description of the entity's experience in developing railway projects, if the proposer is a public entity and if the proposal is for the development of a railway project by that entity; (8) complete information concerning the experience, expertise, technical competence, and qualifications of the proposer and of each member of the proposer's management team and of other key employees or consultants, including the name, address, and professional designation of each member of the proposer's management team and of other key employees or consultants, and the capability of the proposer to develop the proposed projects, if the proposer is a private entity and if the proposal is for the development of a project by that entity; (9) financial information sufficient to show the financial strength and capability of the proposer to develop and complete the project, or to make all projected future payments if the proposal is for the development of a project by the department; (10) the total amount and period of reimbursement requested and proposed pass-through payment schedule; (11) the project funding sources and amounts proposed for each of the project cost categories including design, development, financing, construction, maintenance, and operation; (12) the type of funding and other kinds of department contributions and participation requested for the project, other than reimbursement from the pass-through toll program; (13) for a highway project, a statement indicating whether the proposer intends for the project to be tolled and, if the proposer intends for a tolled project to be first opened to traffic as a non-tolled highway, the approximate date on which the highway will begin to be tolled; (14) a statement indicating whether the proposer intends to enter into a comprehensive development agreement, if the proposer is a private entity and if the proposal is for the development of a project by that entity; (15) a statement indicating 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; (16) a statement indicating whether the project is intended to function as part of a hurricane evacuation route; and (17) a statement indicating whether the project has application to a military base realignment or closure. (b) Public release of proposal. If requested, and unless prohibited by law, the department will release to the public a proposal submitted under this section. (c) Certain contracting requirements. The private entity and the department may agree to develop a project under a comprehensive development agreement if authorized by other law. For a highway project that is developed by the proposer, notwithstanding any other provision of this subchapter, Chapter 27, Subchapter A, of this title (relating to Comprehensive Development Agreements), applies to the solicitation, advertisement, negotiation, and execution of a comprehensive development agreement. For a railway project that is developed by the proposer, notwithstanding any other provision of this subchapter, Chapter 7, Subchapter B, of this title (relating to Contracts) applies to the solicitation, advertisement negotiation, and execution of a comprehensive development agreement. |
| Source Note: The provisions of this §5.53 adopted to be effective April 15, 2004, 29 TexReg 3640; amended to be effective April 20, 2006, 31 TexReg 3269; amended to be effective January 3, 2008, 32 TexReg 10057; amended to be effective February 19, 2009, 34 TexReg 1100 |
