(a) In making an award solely in its discretion, the commission will consider:      
        (1) the potential of a project to expand the availability of funding for transportation projects, based on the goals specified in §5.102 of this subchapter (relating to Program Goals); and       
        (2) if the project is located within the planning boundaries of an MPO, the expressed opinion, if any, of the MPO.       
      (b) The commission may allocate a lump sum of transportation development credits to the department for use on a program or category of projects which support a department goal or initiative. The individual projects, and the exact amount of credits to be used for each project, need not be specified at the time of the allocation. The department will award the credits on behalf of the commission after considering the potential of the project to expand the availability of funding for transportation projects, based on the goals specified in §5.102 of this subchapter.     
     Source Note:        The provisions of this §5.109 adopted to be effective October 18, 2012, 37 TexReg 8204; amended to be effective June 20, 2013, 38 TexReg 3819