(a) The commission may authorize the petitioner to create an RMA if it finds that:
  (1) the creation of an RMA:
    (A) has sufficient public support based upon:
      (i) public comments received at public hearings;
      (ii) any resolutions of support from affected political subdivisions; and
      (iii) the expressed opinion, if any, of the affected metropolitan planning organizations;
    (B) will result in direct benefits to the state, local governments, and the traveling public; and
    (C) will improve the efficiency of the state's transportation systems; and
  (2) each potential candidate project or system of projects:
    (A) if it is a highway project, the project is consistent with the Texas Transportation Plan, the metropolitan transportation plan, the metropolitan mobility plan, and the Statewide Transportation Improvement Program; and
    (B) subject to the completion of required studies and subject to commission approval under §26.31 of this chapter (relating to Request), will benefit the traveling public.
(b) The commission may refuse to authorize the creation of an RMA if the commission determines that the proposed board will not fairly represent political subdivisions in the counties of the RMA that will be affected by the creation of the RMA.

Source Note: The provisions of this §26.13 adopted to be effective March 18, 2004, 29 TexReg 2722