(a) One or more counties may request the commission for approval to become part of an existing RMA. The commission may approve the request only if:
  (1) the county has submitted a resolution from its commissioners court indicating support for the request;
  (2) the board of the RMA has agreed in writing to the addition;
  (3) each county that is a member of the RMA has submitted an adopted resolution from its commissioners court indicating support for the request;
  (4) the commission finds that the addition will benefit the mobility of the region; and
  (5) the commission finds that affected political subdivisions in the new county or counties will be adequately represented on the board.
(b) If one of the counties requesting approval under subsection (a) of this section is part of a regional tollway authority under Transportation Code, Chapter 366 or owns or operates a toll project under Transportation Code, Chapter 284, the county may submit to the commission an alternative board structure and method of appointment. The commission may approve the alternative board structure and method of appointment if:
  (1) the proposal includes an adopted resolution from the commissioners court of each county in the RMA indicating its approval of the alternative board structure and method of appointment;
  (2) the commission determines that the alternative will provide for adequate representation of affected political subdivisions; and
  (3) the commission approves the request submitted under subsection (a) of this section.

Source Note: The provisions of this §26.21 adopted to be effective March 18, 2004, 29 TexReg 2722