(a) The following public or private projects are eligible for financial assistance:
  (1) construction of a federal-aid highway, including required preliminary studies;
  (2) a transit project, but only to the extent of funds in the bank that lawfully may be expended for a transit project; or
  (3) for the expenditure of secondary funds, a transit project including a project eligible for assistance under Title 49, United States Code, §5310, or the planning, development, construction, maintenance, or operation of a public road, provided that:
    (A) the project is eligible for assistance under Title 23 or Title 49, United States Code;
    (B) the department is authorized by state law to provide assistance for the project; and
    (C) if the project is a transit project, financial assistance is limited to funds in the bank that lawfully may be expended for a transit project.
(b) Financial assistance to a private entity shall be limited to an eligible project that:
  (1) provides transportation services or facilities that provide a demonstrated public benefit; or
  (2) is constructed or operated in cooperation with a state agency or political subdivision in accordance with an agreement between that state agency or political subdivision and a private entity.
(c) Financial assistance to a public or private entity shall be limited, as applicable, to an eligible project that is consistent with the transportation plan developed by the metropolitan planning organization.

Source Note: The provisions of this §6.12 adopted to be effective January 8, 1998, 23 TexReg 151; amended to be effective January 5, 2006, 30 TexReg 8990; amended to be effective October 21, 2010, 35 TexReg 9361; amended to be effective June 21, 2012, 37 TexReg 4433