The commission may authorize the executive director to negotiate the financial terms of a potential pass-through 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:

1. (1) financial benefits to the state;
2. (2) local public support for the project;
3. (3) for a highway project, whether the project is in the department's Unified Transportation Program;
4. (4) the 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) the compatibility of the proposed project with existing and planned transportation facilities;
7. (7) the entity's experience in developing highway projects, if the proposer is a public entity and if the proposal is for the development of a highway project by that entity;
8. (8) the entity's experience in developing railway projects, if the proposer is a public entity and if the proposal is for the development of a railway project by that entity;
9. (9) the qualifications of the proposer to accomplish the proposed work, if the proposer is a private entity and if the proposal is for the development of a project by that entity; and
10. (10) the financial capability of the proposer to make all projected pass-through payments, if the proposal is for the development of a project by the department.

Source Note:The provisions of this §5.54 adopted to be effective April 15, 2004, 29 TexReg 3640; amended to be effective April 20, 2006, 31 TexReg 3269.