(a) Notice of Intent.
  (1) For a local government that does not pay an optional fee under §2.46 of this subchapter (relating to Optional Payment of Fee by Local Government), its provision of a proposed project scope to the department delegate will serve as the local government's notice that it intends to be the project sponsor under Transportation Code, §201.755.
  (2) For a local government that pays an optional fee under §2.46 of this subchapter, its payment of the fee serves as the local government's notice that it intends to be a project sponsor under Transportation Code, §201.755.
(b) Determination. The department delegate will, in its sole discretion, determine whether the local government may be designated the project sponsor based on the nature and extent of the local government's and the department's involvement in the project, and whether the local government possesses the required resources and a demonstrated ability to prepare the environmental review document or documentation of categorical exclusion and perform related tasks. If the department delegate agrees that the local government may be the project sponsor, it will issue its decision in writing in the project scope prepared under §2.44 of this subchapter (relating to Project Scope). If the department delegate determines that the local government may not be the project sponsor, it will provide the reasons for its decision in writing.

Source Note: The provisions of this §2.47 adopted to be effective April 16, 2012, 37 TexReg 1727; amended to be effective April 16, 2014, 39 TexReg 2941