(a) General. Each fiscal year, if an RMA determines that it has surplus revenue from transportation projects, the RMA shall:
  (1) reduce tolls;
  (2) spend the surplus revenue on other transportation projects in the counties of the RMA, in accordance with the provisions of this subchapter and, if applicable, as authorized by federal law; or
  (3) deposit the surplus revenue to the credit of the Texas Mobility Fund.
(b) Expenditures on transportation projects. Subject to any applicable restrictions under federal law, an RMA may spend surplus revenue in the region on other transportation projects by:
  (1) constructing a transportation project located within the counties of the RMA;
  (2) assisting in the financing of a toll or toll-free transportation project of another governmental entity; or
  (3) constructing a toll or toll-free transportation project and, on completion of the project, transferring the project to a governmental entity if:
    (A) approved by the commission under subsection (c) of this section;
    (B) the governmental entity authorizes the RMA to construct the project and agrees to assume all liability and responsibility for the maintenance and operation of the project on its transfer; and
    (C) the project is constructed in compliance with all laws applicable to the governmental entity.
(c) Commission approval. The commission will approve an RMA constructing a transportation project under subsection (b)(3) of this section if:
  (1) the project comes from a conforming transportation plan and transportation improvement program, when required by federal law;
  (2) the project is consistent with the Texas Transportation Plan, the metropolitan transportation plan, and the Statewide Transportation Improvement Program; and
  (3) the commission determines that the project will have a significant positive impact on the mobility of the region of the RMA.
(d) Considerations. When approving or disapproving a project under subsection (c) of this section, the commission will consider:
  (1) the anticipated reduction to traffic congestion;
  (2) potential social, environmental, and economic impacts of the project, and the extent to which the RMA has complied with all EPIC;
  (3) benefit to state and local government; and
  (4) whether the construction will expand the availability of funding for transportation projects or reduce direct state costs.

Source Note: The provisions of this §26.53 adopted to be effective March 18, 2004, 29 TexReg 2722