1. (a) Toll project conditions. Neither the commission nor the department may require that a toll project be included in a region's transportation plan or program as a condition for the allocation of funds for the construction of projects in the region.

2. (b) Limitations on allocation decrease. Neither the commission nor the department may:

   1. (1) revise a formula as provided in the unified transportation program under §16.105 of this chapter (relating to Unified Transportation Program (UTP)), or a successor program, in a manner that results in a decrease of an allocation to a district or metropolitan planning organization (MPO) because of:

      1. (A) the failure of a region to include toll projects in a region's transportation plan or program;
      2. (B) participation by a political subdivision in the funding of a transportation project in the region, including the use of money collected in a transportation reinvestment zone under Transportation Code, §222.106 or §222.107; or
      3. (C) payments, project savings, refinancing dividends, and any other revenue received by the commission or the department under a comprehensive development agreement and used to finance the construction, maintenance, or operation of transportation projects or air quality projects in the region; or

   2. (2) take any other action that would reduce funding allocated to a district or MPO without the prior consent of the MPO because of:

      1. (A) the failure of a region to include toll projects in a region's transportation plan or program; or
      2. (B) receipt by a region of payments, project savings, refinancing dividends, and any other revenue received by the commission or the department under a comprehensive development agreement; or
      3. (C) the need of another district or MPO for increased funding to complete a pending project.
3. (c) Financial assistance for toll projects. Nothing in this section precludes the commission or the department from using funds to design, develop, finance, construct, maintain, repair, or operate, or assist in the design, development, financing, construction, maintenance, repair, or operation of a toll project in a region.

Source Note:The provisions of this §16.156 adopted to be effective January 1, 2011, 35 TexReg 8388.