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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 26REGIONAL MOBILITY AUTHORITIES
SUBCHAPTER BCREATION OF A REGIONAL MOBILITY AUTHORITY
RULE §26.11Petition

(a) One or more counties may petition the commission for approval to create an RMA. The petition shall include:

  (1) an adopted resolution from the commissioners court of each county indicating its approval of the creation by the county of an RMA;

  (2) a description of how the RMA would improve mobility in the region;

  (3) a description of a potential candidate transportation project or system of projects the RMA may undertake depending on study outcomes, including:

    (A) an explanation of how the project or system of projects will be consistent with the appropriate policies, strategies, and actions of the Texas Transportation Plan, and, if appropriate, with the metropolitan transportation plan developed by the metropolitan planning organization;

    (B) a brief description of any known environmental, social, economic, or cultural resource issues, such as impacts on wetlands and other water resources, endangered species, parks, neighborhoods, businesses, historic buildings or bridges, and archeological sites;

    (C) the name and address of any individuals or organizations known to be opposed to any element of the project or system of projects, and a description of any known controversies concerning the project or system of projects; and

    (D) a preliminary financing plan for the project or system of projects, which shall include an estimate of the following information, if available to the petitioner:

      (i) total estimated cost, including planning, design, right of way acquisition, environmental mitigation, and construction; and

      (ii) proposed financing, specifying the source and use of the funds, including debt financing and department contributions, identified as a loan or a grant;

  (4) a commitment by the RMA to be fully responsible for identifying all EPIC, obtaining all required environmental permits, and other required environmental approvals;

  (5) a brief description of any other transportation projects the petitioner is currently considering to be developed by the RMA; and

  (6) the representation criteria and the appointment process for board members.

(b) The cities of El Paso, Laredo, Brownsville, McAllen, or Port Aransas may petition the commission for approval to create an RMA in the same manner as a county under subsection (a) of this section. Instead of the requirements of subsection (a)(1) of this section, the city must submit a resolution from its city council indicating its approval of the creation by the city of an RMA.

(c) For purposes of this subchapter, a system means a combination or network of transportation projects that the RMA may undertake.


Source Note: The provisions of this §26.11 adopted to be effective March 18, 2004, 29 TexReg 2722; amended to be effective January 5, 2006, 30 TexReg 8998

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