Sec. 370.311. TERMS OF PRIVATE PARTICIPATION. (a) An authority shall negotiate the terms of private participation in a transportation project, including:
(1) methods to determine the applicable cost, profit, and project distribution between the private equity investors and the authority;
(2) reasonable methods to determine and classify toll rates or user fees;
(3) acceptable safety and policing standards; and
(4) other applicable professional, consulting, construction, operation, and maintenance standards, expenses, and costs.
(b) A comprehensive development agreement entered into under Section 370.305 must include a provision authorizing the authority to purchase, under terms agreed to by the parties, the interest of a private equity investor in a transportation project.
(c) An authority may only enter into a comprehensive development agreement under Section 370.305 with a private equity investor if the project is identified in the department's unified transportation program or is located on a transportation corridor identified in the statewide transportation plan.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
Structure Texas Statutes
Subtitle G - Turnpikes and Toll Projects
Chapter 370 - Regional Mobility Authorities
Subchapter G. Participation in Financing, Construction, and Operation of Transportation Projects
Section 370.301. Department Contributions to Turnpike Projects
Section 370.302. Agreements to Construct, Maintain, and Operate Transportation Projects
Section 370.303. Agreements Between Authority and Governmental Entities
Section 370.304. Additional Agreements of Authority
Section 370.305. Comprehensive Development Agreements
Section 370.306. Process for Entering Into Comprehensive Development Agreements
Section 370.307. Confidentiality of Negotiations for Comprehensive Development Agreements
Section 370.308. Performance and Payment Security
Section 370.309. Ownership of Transportation Projects
Section 370.310. Liability for Private Obligations
Section 370.311. Terms of Private Participation
Section 370.312. Rules, Procedures, and Guidelines Governing Negotiating Process
Section 370.313. Participation on Certain Other Boards, Commissions, or Public Bodies