A corporation may plan, design, acquire, construct, improve, extend, or maintain a transportation project only if the project:

1. (1) is intended by the commission to become part of the federal or state highway system; and

2. (2) is not intended to:

   1. (A) become a county road or municipal street; or
   2. (B) be owned by a county road district or by a road utility district.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.