1. (a) Authorization to negotiate final agreement. The executive director will submit to the commission a summary of the final financial terms of a proposed pass-through agreement. The final financial terms may consist of specific payment terms and schedules or may consist of a range of acceptable parameters. The commission may authorize the executive director to negotiate and execute a final agreement only if it finds that:

   1. (1) the project serves the public interest and not merely a private interest;
   2. (2) the proposed pass-through agreement is in the best interest of the state;
   3. (3) the project is compatible with existing and planned transportation facilities; and
   4. (4) the project furthers state, regional, and local transportation plans, programs, policies, and goals.

2. (b) Contents of pass-through agreement. Before any work is done for which reimbursement will be requested through a pass-through toll or fare, the department and the public or private entity shall execute a pass-through agreement containing, at a minimum, the following:

   1. (1) identification of the scope and nature of the work to be performed;
   2. (2) identification of the one or more categories of project costs, as described by §5.53(a)(11) of this subchapter, that the department will reimburse;
   3. (3) all financial terms, as applicable, including the levels of pass-through tolls or fares, maximum and minimum periodic payments, and maximum and minimum total payments;
   4. (4) allocation of responsibility for all significant work to be performed, including environmental documentation, right of way acquisition, utility adjustments, engineering, construction, and maintenance;
   5. (5) provision for the collection and use of toll or other revenues, if applicable;
   6. (6) all provisions required by state or federal law;
   7. (7) a map showing the location of the project;
   8. (8) a proposed project schedule;
   9. (9) an estimated budget;
   10. (10) deadlines for key stages of project development;
   11. (11) procedures and timelines for the submission of materials and for approvals;
   12. (12) for a local government, a copy of the resolution or ordinance authorizing execution of the agreement;
   13. (13) provisions for termination of the agreement; and
   14. (14) if applicable, a copy of the order, resolution, or ordinance designating a contiguous geographic area in the jurisdiction of a public entity as a transportation reinvestment zone under Transportation Code, Chapter 222, Subchapter E.

Source Note:The provisions of this §5.57 adopted to be effective February 19, 2009, 34 TexReg 1100.