The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Commission--The Texas Transportation Commission.
2. (2) Comprehensive development agreement--An agreement with a private entity that, at a minimum, provides for the design and construction, reconstruction, extension, expansion, or improvement of an eligible project and may also provide for the financing, acquisition, maintenance, or operation of an eligible project.
3. (3) Department--The Texas Department of Transportation.
4. (4) Design--Includes planning services, technical assistance, and technical studies provided in support of the environmental review process undertaken with respect to a project, as well as surveys, investigations, the development of reports, studies, plans and specifications, and other professional services provided for a project.

5. (5) Eligible project--A project described in Transportation Code, §223.201, and including a:

   1. (A) toll project;
   2. (B) facility or a combination of facilities on the Trans-Texas Corridor, as defined in §24.11 of this title (relating to Comprehensive Development Agreements);
   3. (C) state highway improvement project that includes both tolled and nontolled lanes and that may include nontolled appurtenant facilities;
   4. (D) state highway improvement project in which the private entity has an interest in the project;
   5. (E) state highway improvement project financed wholly or partly with the proceeds of private activity bonds, as defined by Section 141(a), Internal Revenue Code of 1986; or
   6. (F) project that combines a toll project and a rail facility as defined in Transportation Code, §91.001.
6. (6) Executive director--The executive director of the department or designee not below the level of assistant executive director.
7. (7) Proposal review fee--A fee prescribed by these rules that is required to be tendered with any unsolicited proposal.
8. (8) Request for proposals--A request for submittal of a detailed proposal from private entities to acquire, design, develop, finance, construct, reconstruct, extend, expand, maintain, or operate an eligible project.
9. (9) Request for qualifications--A request for submission by a private entity of a description of that entity's experience, technical competence, and capability to complete a proposed project, and such other information as the department considers relevant or necessary.
10. (10) Toll project--Has the meaning assigned by Transportation Code, §201.001.

Source Note:The provisions of this §27.2 adopted to be effective July 18, 2002, 27 TexReg 6377; amended to be effective September 18, 2003, 28 TexReg 8005; amended to be effective January 5, 2006, 30 TexReg 9000.