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 §5.56 of this subchapter, after considering:

1. (1) the proposer's proposed financial contribution to the project from sources other than the department, in relation to total project cost;
2. (2) the geographic area affected;
3. (3) local public support for the project;
4. (4) for a highway project, whether the project is included in the department's Unified Transportation Program;
5. (5) the extent to which the project will relieve congestion on the state highway system;
6. (6) the potential safety benefit that may be derived from the project;
7. (7) potential benefits to regional air quality that may be derived from the project;
8. (8) the compatibility of the proposed project with existing and planned transportation facilities;
9. (9) the extent to which the project will close gaps in the state transportation system;
10. (10) whether the entity has or intends to designate a contiguous geographic area in the jurisdiction of the entity as a transportation reinvestment zone under Transportation Code, Chapter 222, Subchapter E, if the proposer is a public entity;
11. (11) the proposer's proposed amount and period for department reimbursement and proposed pass-through payment schedule;
12. (12) the economic development potential in the area;
13. (13) the financial strength of the proposer;
14. (14) whether the project is part of a hurricane evacuation route;
15. (15) whether the project has application to a military base realignment or closure;
16. (16) the experience of the proposer in developing similar transportation projects; and
17. (17) the relationship of the proposed project to stated commission goals.

Source Note:The provisions of this §5.55 adopted to be effective February 19, 2009, 34 TexReg 1100.