43 Tex. Admin. Code § 27.75 - Commission Order Directing that County Toll Project Shall Not Become Part of the State Highway System

(a) Purpose. Transportation Code, § 282.008(c), provides that, except as provided in Transportation Code, § 282.008(d), a county toll project becomes a part of the state highway system and the commission shall maintain the project without toll when the project debt is paid. §284.008(d) provides that before construction of a county toll project, a county may request that the commission adopt an order stating that the project will not become a part of the state highway system. This section governs the procedure by which a county may seek approval under Transportation Code, § 284.008(d).

(b) Request. A county seeking commission approval under this section shall submit a written request to the department before the county enters into a contract for construction of the toll project. The request shall include:

(1) a detailed schematic indicating the location of interchanges and mainlanes; and

(2) justification for not being required to comply with the design, construction, environmental review, and public involvement requirements of § 27.73 and § 27.74 of this subchapter (relating to Commission Approval of County Toll Project and Design and Construction Standards for Toll Road Projects);

(3) a description of the county's experience in developing toll facilities; and

(4) a resolution in support of the request adopted by the county commissioners court.

(c) Commission order. The commission will approve a request submitted under subsection (b) of this section if the commission determines that:

(1) permanent operation and ownership of the project as a county road will be an efficient and effective method to provide transportation services in the region; and

(2) the county has the ability to provide, and a past record of providing, safe and effective highway facilities without department oversight or regulation.

Notes

43 Tex. Admin. Code § 27.75

The provisions of this §27.75 adopted to be effective January 5, 2006, 30 TexReg 9005