1. (a) A governmental entity authorized to finance, construct, maintain, or operate a state highway or a private entity may submit in writing to the department a proposal for a project, or a series of projects, to be developed under a pass-through toll agreement. The proposal must include:

   1. (1) a description of the project, including the project limits, connections with other transportation facilities, and a description of the services to be provided by the developer;
   2. (2) a statement of the benefits anticipated to result from completion of the project;
   3. (3) a description of the local public support for the project and any local public opposition;
   4. (4) a proposed project development and implementation schedule;
   5. (5) a description of the entity's experience in developing highway projects, if the proposer is a public entity;
   6. (6) complete information concerning the experience, expertise, technical competence, and qualifications of the proposer and of each member of the proposer's management team and of other key employees or consultants, including the name, address, and professional designation of each member of the proposer's management team and of other key employees or consultants, and the capability of the proposer to develop the proposed projects, if the proposer is a private entity;
   7. (7) if available, a proposed pass-through toll payment schedule;
   8. (8) a statement indicating whether the proposer intends for the project to be tolled and, if the proposer intends for a tolled project to be first opened to traffic as a non-tolled highway, the approximate date on which the highway will begin to be tolled; and
   9. (9) a statement indicating whether the proposer intends to enter into a comprehensive development agreement, if the proposer is a private entity.
2. (b) If requested, and unless prohibited by law, the department will release to the public a proposal submitted under this section.
3. (c) The private entity and the department may agree to develop a project under a comprehensive development agreement if authorized by other law. Notwithstanding any other provision of this subchapter, Chapter 27, Subchapter A, of this title (relating to Policy, Rules, and Procedures for Private Involvement in Department Turnpike Projects), applies to the solicitation, advertisement, negotiation, and execution of a comprehensive development agreement.

Source Note:The provisions of this §5.53 adopted to be effective April 15, 2004, 29 TexReg 3640.