(a) The following public or private projects are eligible for financial assistance:

(1) construction of a federal-aid highway, including required preliminary studies;

(2) a transit project, but only to the extent of funds in the bank that lawfully may be expended for a transit project; or

(3) for the expenditure of secondary funds, a transit project including a project eligible for assistance under Title 49, United States Code, §5310, or the planning, development, construction, maintenance, or operation of a public road, provided that: (A) the project is eligible for assistance under Title 23 or Title 49, United States Code; (B) the department is authorized by state law to provide assistance for the project; and (C) if the project is a transit project, financial assistance is limited to funds in the bank that lawfully may be expended for a transit project.

(b) Financial assistance to a private entity shall be limited to an eligible project that:

(1) provides transportation services or facilities that provide a demonstrated public benefit; or

(2) is constructed or operated in cooperation with a state agency or political subdivision in accordance with an agreement between that state agency or political subdivision and a private entity.

(c) Financial assistance to a public or private entity shall be limited, as applicable, to an eligible project that is consistent with the transportation plan developed by the metropolitan planning organization.

Source Note: The provisions of this §6.12 adopted to be effective January 8, 1998, 23 TexReg 151; amended to be effective January 5, 2006, 30 TexReg 8990; amended to be effective October 21, 2010, 35 TexReg 9361; amended to be effective June 21, 2012, 37 TexReg 4433