The commission may authorize the petitioner to create an RMA if it finds that:

1. (1) the creation of an RMA:

   1. (A) has sufficient public support based upon:

      1. (i) public comments received at public hearings;
      2. (ii) any resolutions of support from affected political subdivisions; and
      3. (iii) the expressed opinion, if any, of the affected metropolitan planning organizations;
   2. (B) will result in direct benefits to the state, local governments, and the traveling public; and
   3. (C) will improve the efficiency of the state's transportation systems;

2. (2) each project:

   1. (A) comes from a conforming transportation plan and transportation improvement program, if the project is located in a nonattainment area;
   2. (B) is consistent with the Texas Transportation Plan, the metropolitan transportation plan, and the Statewide Transportation Improvement Program; and
   3. (C) subject to the completion of required studies and subject to commission approval under §26.43 of this chapter, will benefit the traveling public; and
3. (3) the composition of the board as described in the petition or in an amended petition will adequately represent affected political subdivisions.

Source Note:The provisions of this §26.13 adopted to be effective July 18, 2002, 27 TexReg 6354.