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RULE §5.55Commission 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

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