(a) Commission analysis. The commission may consider the advice of department staff and their consultants regarding the sufficiency of the information, the probable accuracy of projections, the anticipated financial condition of the application and the project, and any other information the commission determines appropriate.
(b) Criteria. In determining whether to approve an application, the commission will consider:
  (1) the reasonableness of the financial plan submitted in the application;
  (2) the transportation need for and anticipated public benefit of the project, including the impact of the project on reducing congestion, enhancing economic opportunity, enhancing safety, improving air quality, and increasing the value of transportation assets;
  (3) the analysis of the application by the Board; and
  (4) the ability of the department to construct any improvements to the state highway system required by the project.
(c) Notification to applicant, the Board, and the US DOT. The executive director will notify the applicant and the executive director of the Board, in writing, upon completion of the review and analysis and of the determination on whether the application is approved for consideration by the US DOT or disapproved. For approved applications, the executive director will notify the US DOT and forward the application for US DOT consideration. The department shall provide the executive director of the Board with a copy of the US DOT disposition of any application forwarded to the US DOT under this section.

Source Note: The provisions of this §5.88 adopted to be effective June 14, 2007, 32 TexReg 3371