The commission may authorize the executive director to negotiate an agreement under this subchapter or, if the proposer is a private entity, authorize the department to solicit competitive proposals under §5.55 of this subchapter, after considering the:

1. (1) financial benefits to the state;
2. (2) local public support for the project;
3. (3) whether the project is in the department's Unified Transportation Program;
4. (4) extent to which the project will relieve congestion on the state highway system;
5. (5) potential benefits to regional air quality that may be derived from the project;
6. (6) compatibility of the proposed project with existing and planned transportation facilities;
7. (7) entity's experience in developing highway projects, if the proposer is a public entity; and
8. (8) qualifications of the proposer to accomplish the proposed work, if the proposer is a private entity.

Source Note:The provisions of this §5.54 adopted to be effective April 15, 2004, 29 TexReg 3640.