1. (a) Requirements. Transportation Code, §362.051 provides that a governmental or private entity must obtain the commission's approval before beginning construction of a toll road, toll bridge, or turnpike that is to be part of the state highway system.

2. (b) Request. To secure approval of a toll road project under this section, a county shall submit a written request for approval to the executive director. The request must be accompanied by:

   1. (1) a summary of the anticipated financing plan for purposes of seeking the approval described in subsection (c)(2) of this section;
   2. (2) traffic and revenue forecasts;
   3. (3) a detailed schematic indicating the location of interchanges and mainlanes;
   4. (4) a report identifying relocations or reconstruction to state highway system facilities anticipated in connection with the proposed toll road project;
   5. (5) an evaluation of the toll road project's integration into the state highway system;
   6. (6) documentation demonstrating that the environmental review and public involvement for the project have been conducted in the manner prescribed by Chapter 2, Subchapter C of this title (relating to Environmental Review and Public Involvement for Transportation Projects); and
   7. (7) a written commitment to comply with the design and construction standards prescribed in §27.74 of this subchapter when developing the toll road project.

3. (c) Approval. In deciding whether to approve a county toll road project, the commission will consider whether:

   1. (1) the toll road project may be effectively integrated into the state highway system;
   2. (2) the department is able to construct any connecting roads necessary for the toll road project to generate sufficient revenue to pay the debt incurred for its construction; and
   3. (3) the environmental review and public involvement for the toll road project have been conducted in the manner prescribed by Chapter 2, Subchapter C of this title (relating to Environmental Review and Public Involvement for Transportation Projects).
4. (d) Exception. This section does not apply to a county with a population of more than 1.5 million.

Source Note:The provisions of this §27.73 adopted to be effective March 18, 2004, 29 TexReg 2746.