1. (a) Agreement. A pass-through toll agreement may provide for a developer to operate a highway.
2. (b) Responsibility. To the extent provided in the agreement, a developer shall perform or cause to be performed all work required to operate the highway. This work includes all maintenance and repair required to ensure that the highway functions as intended and meets the performance standards established for maintenance under subsection (c) of this section.

3. (c) Maintenance.

   1. (1) Department standards. In performing work under this section, the developer shall meet or exceed the most current "Texas Maintenance Assessment Program" minimum rating requirements for non-interstate state highways as established by the commission in its implementation of Government Accounting Standards Boards Statement No. 34. If the highway will be tolled, the developer shall meet or exceed the minimum rating requirements for interstate highways.
   2. (2) Alternative standards. A developer may request approval to use alternative maintenance standards. The executive director may approve the use of alternative maintenance standards if the director determines that the alternative standards are sufficient to protect the safety of the traveling public and protect the integrity of the transportation system.

Source Note:The provisions of this §5.59 adopted to be effective April 15, 2004, 29 TexReg 3640.