(a) The department will recommend a program of candidate projects for consideration by the commission. To assist the commission in its decisions concerning selection and funding, the department will, in addition to department staff recommendations, provide to the commission:
  (1) the list of all eligible candidate projects and any comments and recommendations from any governmental entity with jurisdiction over the activities included in the project and the TEPEC;
  (2) any other comments relevant to consideration of any candidate project for funding, including:
    (A) evidence of support and opposition for the candidate project;
    (B) evidence of the commitment from the nominating entity to provide more than the minimum required non-federal share of allowable project costs and its ability to do so;
    (C) an evaluation of proposed projects indicating the extent to which each project will meet accepted standards as established by applicable law and by accepted professional practice;
    (D) the views, comments, and certifications of an MPO or a governing body of a city or county; and
    (E) all other project specific information as appropriate.
(b) The commission will select from among all eligible candidate projects those projects, if any, approved for funding. In selecting an eligible candidate project for funding, the commission will consider:
  (1) all information provided under subsection (a)(1) and (2) of this section;
  (2) the potential benefit to the state of the candidate project; and
  (3) whether the candidate project enhances the surface transportation system.
(c) In evaluating the potential benefit to the state of the candidate project, the commission will consider, but is not bound by, recommendations and comments from the TEPEC.
(d) The commission will, by written order, designate the selected projects, including projects previously selected by MPOs.
(e) The funds approved by the commission are a fixed amount. Project costs in excess of this amount are the responsibility of the nominating entity. The nominating entity may seek additional funds through this program in subsequent program calls.
(f) Candidate projects that are not selected must be resubmitted to receive consideration during subsequent program calls.

Source Note: The provisions of this §11.214 adopted to be effective December 8, 2011, 36 TexReg 8241