(a) The department may, by license, lease, or transfer of real property, authorize a governmental entity with the authority to construct and operate a toll project, to construct a toll project within the right of way of a state highway.
(b) If the department authorizes construction of a toll project under subsection (a) of this section, and the department does not transfer any improvements to department property, then §27.13 of this subchapter (relating to Transfer of Toll Projects) does not apply. The commission may, however, in its discretion, order the department to comply with one or more of the requirements of §27.13.

Source Note: The provisions of this §27.16 adopted to be effective effective January 5, 2006, 30 TexReg 9002