Section 5.55 - Commission Approval to NegotiateThe 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.43 Tex. Admin. Code § 5.55
The provisions of this §5.55 adopted to be effective February 19, 2009, 34 TexReg 1100