1. (a) It is the policy of the department to consider the feasibility of private involvement in every turnpike project it undertakes. The objectives of this policy are to:

   1. (1) expand the scope of turnpike projects studied;
   2. (2) accelerate the construction and completion of turnpike projects;
   3. (3) reduce the overall costs of a turnpike project; and
   4. (4) maximize the benefits of turnpike project facilities.
2. (b) To encourage private participation, the department may issue requests for proposals (RFPs) from private entities to acquire, design, finance, construct, maintain, operate, extend or expand turnpike projects pursuant to the provisions of the Turnpike Act. The department will also accept unsolicited proposals from private entities at any time, and will evaluate those proposals in accordance with these rules and the Turnpike Act. The department will consider the extent to which private involvement in existing and future turnpike projects of the department is practicable and beneficial, and will analyze whether department participation is practicable and beneficial with respect to projects proposed by responsible private parties. The department may formulate selection criteria for its use in considering the private entities with which the department may contract to undertake responsibilities for its projects, as well as for evaluation of projects suggested to the department as suitable for private participation.
3. (c) These rules apply to private involvement in the acquisition, development, construction, improvement, extension, expansion or operation of all or substantially all of a turnpike project or of multiple turnpike projects. These rules are not intended to limit or otherwise apply to the department's procurement of goods and services in the ordinary course of its operations, for which the department may seek private participation in accordance with the Turnpike Act and other applicable laws, rules, and policies.

Source Note:The provisions of this §27.1 adopted to be effective July 18, 2002, 27 TexReg 6377.