The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.     
       (1) Commission--The Texas Transportation Commission.      
       (2) Department--The Texas Department of Transportation.      
       (3) Department estimate--An estimate of what it would cost the department to perform the work proposed by the public or private entity, whether the work is proposed to be performed by the department or whether it is proposed to be performed by the public or private entity. The estimate is developed or updated by the department after receipt of a public or private entity's request and prior to the time the department executes an agreement with the public or private entity.      
       (4) Environmental Permits, Issues, and Commitments (EPIC)--Any permit, issue, coordination, commitment, or mitigation obtained to satisfy social, economic, or environmental impacts of a project, including sole source aquifer coordination, wetland permits, stormwater permits, traffic noise abatement, threatened or endangered species coordination, archeological permits, and any mitigation or other commitment associated with any of those issues.      
       (5) Executive director--The executive director of the department or the executive director's designee not below district engineer, division director, or office director.      
       (6) Highway--Includes any facility convenient or necessary to the operation of a highway.      
       (7) Operation--Includes maintenance.      
       (8) Pass-through agreement--A pass-through toll agreement or a pass-through agreement entered under the terms of this subchapter by the department and a public or private entity.      
       (9) Pass-through fare--A dollar amount, including a surcharge or user fee for freight shipments, that is tied to a measure of actual usage of a railway and is used under this subchapter as a means of calculating payments made by one entity to another to provide reimbursement for some or all of the costs of acquiring, designing, developing, financing, constructing, relocating, maintaining, or operating a passenger or freight railway.      
       (10) Pass-through toll--A dollar amount that is tied to a measure of actual usage of a highway and is used under this subchapter as a means of calculating payments made by one entity to another to provide reimbursement for some or all of the costs of designing, developing, financing, constructing, maintaining, or operating a highway on the state highway system.      
       (11) Public or private entity--Any entity authorized by law to enter into a pass-through agreement with the department under this subchapter for the acquisition, design, development, financing, construction, relocation, maintenance, or operation of a highway or railway.      
       (12) Railway--Includes both passenger and freight railways and any facility convenient or necessary to the operation of a railway.      
     Source Note:        The provisions of this §5.52 adopted to be effective April 15, 2004, 29 TexReg 3640; amended to be effective April 20, 2006, 31 TexReg 3269