1. (a) The commission may, after considering public input concerning the proposed transfer, approve a proposed transfer under this subchapter if:

   1. (1) the RMA agrees to assume all liability and responsibility for the safe and effective maintenance and operation of the highway or ferry upon its transfer;
   2. (2) the RMA agrees to assume all liability and responsibility for compliance with all federal laws, regulations, and policies applicable to the highway or ferry;
   3. (3) the commission determines that the transfer is in the public interest;
   4. (4) the RMA agrees to assume all liability and responsibility for EPIC;
   5. (5) for the transfer of a non-tolled highway, the commission determines that the public has a reasonable alternative route on nontoll roads; and
   6. (6) the RMA has adopted rules providing criteria and guidelines for approval of the transfer of a ferry or highway.
2. (b) The commission will consider impacts on residential neighborhoods and the length of the alternative route when considering whether an alternative route is reasonable.
3. (c) Commission approval under this section is conditioned on the approval of the governor.

Source Note:The provisions of this §26.43 adopted to be effective March 18, 2004, 29 TexReg 2722.