1. (a) An authority shall reimburse the commission for the cost of a transferred highway or ferry unless the commission determines that the transfer will result in a substantial net benefit to the state, the department, and the traveling public that equals or exceeds the cost.

2. (b) In computing the cost of the highway or ferry, the commission will:

   1. (1) include the total amount spent by the department for the original construction of the highway or ferry, including the costs associated with the preliminary engineering and design engineering for plans, specifications, and estimates, the acquisition of necessary rights-of-way, and actual construction of the highway or ferry and all necessary appurtenant facilities; and
   2. (2) consider the anticipated future costs of expanding, improving, maintaining, operating, or extending the highway or ferry to be incurred by the RMA and not by the department if the highway or ferry is transferred.

Source Note:The provisions of this §26.45 adopted to be effective March 18, 2004, 29 TexReg 2722.