1. (a) To be eligible for funding under the program, a project must:

   1. (1) be for the construction of a grade separation structure that will either eliminate one or more adjacent at-grade rail-highway crossings or provide a grade-separated pedestrian-rail crossing;
   2. (2) be located off the state highway system;
   3. (3) increase public safety, enhance economic development, or reduce traffic; and
   4. (4) constitute a logical, self-contained unit of work that can be constructed as an independent project whether it is proposed as an independent project or as a part of a larger transportation project.
2. (b) To be eligible to request funding under the program, the project sponsor must be the political subdivision of the state that has jurisdiction over the project's location, authority to undertake the project, and authority to enter into the agreement required under §7.132 of this subchapter (relating to Project Implementation).
3. (c) The crossing may involve either freight or passenger rail.

Source Note:The provisions of this §7.122 adopted to be effective October 15, 2025, 50 TexReg 6685.