(a) Agreement. A pass-through agreement may provide for a public or private entity to operate a highway or a railway.(b) Responsibility. To the extent provided in the agreement, a public or private entity shall perform or cause to be performed all work required to operate the highway or railway. This work includes all maintenance and repair required to ensure that the highway or railway functions as intended and meets the performance standards established for maintenance under subsection (c) of this section.(c) Maintenance of highways. In performing work under this section on a highway, the public or private entity shall meet or exceed the most current "Texas Maintenance Assessment Program" minimum rating requirements for non-interstate state highways as established by the commission in its implementation of Government Accounting Standards Board Statement No.34. If the highway will be tolled, the public or private entity shall meet or exceed the minimum rating requirements for interstate highways.(d) Maintenance of railways. In performing work under this section on a railway, the public or private entity shall meet all standards for safety and maintenance established by the Federal Railroad Administration and the National Transportation Safety Board, including all standards published in 49 CFR Subtitle B, Chapters II and VIII.(e) Alternative standards. A public or private entity may request approval to use alternative maintenance standards. The executive director may approve the use of alternative maintenance standards if the director determines that the alternative standards are sufficient to protect the safety of the public and to protect the integrity of the transportation system.43 Tex. Admin. Code § 5.60
The provisions of this §5.60 adopted to be effective February 19, 2009, 34 TexReg 1100