(a) The commission, by written order, will select projects for funding under the TA Set-Aside Program based on:
  (1) recommendations from the director of the division responsible for administering the TA Set-Aside Program;
  (2) the potential benefit to the state of the project; and
  (3) whether the project enhances the surface transportation system.
(b) The commission is not bound by project selection recommendations provided by the department.
(c) The department will notify the project sponsor of the selection.
(d) The commission will award an amount of TA Set-Aside funds for each project. If program funds remain or are returned to the program due to cost underruns, the responsible division administering the program may apply those funds to project overruns based on:
  (1) justification of overruns;
  (2) timing of request;
  (3) availability of funds;
  (4) a reasonable expectation of the ability of the project sponsor to complete the project; and
  (5) if overrun requests exceed available funds, the criteria applicable to the use of state funds under §11.406(b) of this subchapter.
(e) The project sponsor may seek additional funds through the TA Set-Aside Program in subsequent program calls.
(f) A project that is not selected must be resubmitted to receive consideration during subsequent program calls.

Source Note: The provisions of this §11.411 adopted to be effective January 4, 2017, 41 TexReg 10664; amended to be effective December 30, 2020, 45 TexReg 9576