Chapter 12: Project Development and Operating Agreements and Financial Assistance Agreements
Section 1: Overview
Overview
The following agreements types are each handled by the Texas
Department of Transportation (TxDOT)’s General Counsel Division.
Project Development Agreements involve the development, construction,
maintenance or operation of toll projects by a local toll project
entity, including a regional mobility authority, a regional tollway
authority, a transit authority created under Texas Transportation
Code, Chapters 451, 452, or 453, and a county acting under Texas
Transportation Code, Chapter 284. The other agreement type found
in this chapter, Financial Assistance Agreements, permit TxDOT to
participate in toll facilities with a public or private entity.
Purpose
To reflect the agreement between TxDOT and a local toll project
entity regarding a transportation project that will connect to either
the state highway system or to a TxDOT rail facility, or that is
to be part of the state highway system;
To reflect the Texas Transportation Commission’s approval
of the lease, sale, or transfer of a toll project or system, including
a non-tolled state highway or a segment of a non-tolled state highway converted
to a toll project to a governmental entity that has the authority
to operate a tolled highway or a local government corporation; or
To allow TxDOT to participate, by grant or by loan, in the
cost of the acquisition, construction, maintenance, or operation
of a toll facility of a public or private entity, subject to the
limitations on providing grants in state law.
Authorities
- Tex. Transp. Code §222.103;
- Tex. Transp. Code §228.002;
- Tex. Transp. Code §228.151;
- Tex. Transp. Code §362.051;
- Tex. Transp. Code §370.187;
- 43 Texas Administrative Code (TAC) §11.58 - Connections with State Highways Access;
- 43 TAC §26.34 - Project Development Agreements;
- 43 TAC §26.54 - Project Operating Agreements;
- 43 TAC §27.13 - Transfer of Toll Projects;
- 43 TAC §27.15 - Project Development of Transferred Toll Projects;
- 43 TAC §27.16 - Toll Projects within State Highway Right of Way
- 43 TAC §27.44 - Improvement of the State Highway System by Regional Tollway Authorities;
- 43 TAC §27.74 - Design and Construction Standards for County Toll Projects;
- 43 TAC ch. 27, subch. E - Financial Assistance for Toll Facilities; and
- 2 CFR Part 200.