(a) Process. The commission will award the transportation development credits that are not locally earned credits and the state's locally earned credits that are not allocated to MPOs under §5.105 of this subchapter (relating to Regional Allocation). The commission will make the awards:
  (1) using the competitive process described in §5.108 of this subchapter (relating to Competitive Process); or
  (2) in its sole discretion subject to §5.109 of this subchapter (relating to Discretionary Award).
(b) Allocation for public transit projects. The commission will allocate for award by the commission an amount of transportation development credits that may be used only to support public transit projects. For each fiscal year the minimum number of credits available under this subsection shall be equal to the lesser of 15 million credits or fifty percent of the total number of credits available for award by the commission on the 1st day of that fiscal year. The allocation under this subsection is not intended to set the maximum number of credits that may ultimately be awarded for public transit projects under this subchapter during that fiscal year.

Source Note: The provisions of this §5.107 adopted to be effective October 18, 2012, 37 TexReg 8204; amended to be effective June 20, 2013, 38 TexReg 3819