(a) Purpose. Transportation Code, §366.031 authorizes two or more counties to create a regional tollway authority if: one of the counties has a population of not less than 300,000; the counties form a contiguous territory; and each county, acting through its respective commissioners court, passes an order to propose creation of a regional tollway authority. Unless one of the counties has a population of two million or more, §366.031 requires the approval of the commission for the creation of a regional tollway authority. This section prescribes the policies and procedures governing commission approval of the creation of a regional tollway authority.     
      (b) Application. To secure commission approval under this section for the creation of a regional tollway authority, the commissioners courts shall jointly submit to the executive director, in a form prescribed by the department, a written request for approval. The request shall be accompanied by:      
        (1) from each member county, each incorporated city within those counties, and each metropolitan planning organization with jurisdiction in those counties, a resolution of the entity's governing body indicating its support;       
        (2) a description of how the existence of a regional tollway authority would expand the availability of funding for transportation projects or reduce direct state costs;       
        (3) a description of the first turnpike project the regional tollway authority intends to undertake including, but not limited to:                  (A) an explanation of how the project will be consistent with the appropriate policies, strategies and actions of the statewide transportation plan and, if appropriate, with the metropolitan transportation plan developed by the metropolitan planning organization;                   (B) if the project is in a Clean Air Act nonattainment area, an explanation of how the project will be consistent with the transportation air quality goals outlined in the State Implementation Plan; and                   (C) a study of the potential social, economic, and environmental impacts of the initial project.         
      (c) Approval.      
        (1) The executive director will determine the sufficiency of the information provided, and if determined to be in compliance with subsection (b) of this section, will submit the application to the commission for approval.       
        (2) The commission may grant approval for creation of a regional tollway authority if it finds that creation:                  (A) will result in construction of a project consistent with the appropriate policies, strategies, and actions of the statewide transportation plan at an earlier date than the department would otherwise construct the project, and that project is needed to address a severe safety issue, substantially reduce severe traffic congestion, or substantially improve air quality in a nonattainment area more quickly than the department would otherwise attain these goals;                   (B) will result in direct benefit to the state, local governments, and the traveling public;                   (C) will improve the efficiency of the state's transportation systems and would neither duplicate nor conflict with the operations of the department, including the Texas Turnpike Authority Division of the department;                   (D) will expand the availability of funding for transportation projects or reduce direct state costs;                   (E) is supported by each member county, each incorporated city within those counties, and each metropolitan planning organization with jurisdiction within those counties; and                   (F) is in the best interest of the state.         
      (d) Social, environmental, and economic impact. In evaluating the proposed creation of a regional tollway authority, the commission will consider the potential social, environmental, and economic impacts of the initial project.     
      (e) Contingencies. The commission may make its approval contingent upon the proposed regional tollway authority applicant complying with identified revisions to the proposed project or complying with other conditions determined by the commission as necessary to provide for the health or safety of the traveling public.     
      (f) Order of approval or disapproval. Approval or disapproval of the creation of a regional tollway authority shall be by written order of the commission, and shall include the rationale, findings, and conclusions on which approval or disapproval is based.     
      (g) Department responsibility. Approval of the creation of a regional tollway authority shall in no way constitute nor be construed as department assumption of any liability, responsibility, or duty for financing, design, construction, maintenance, or operation of any project under the jurisdiction of the regional tollway authority.     
     Source Note:        The provisions of this §27.42 adopted to be effective March 19, 1998, 23 TexReg 2833; amended to be effective January 5, 2012, 36 TexReg 9352