(a) To the extent and in the manner that the department may enter into a comprehensive development agreement with respect to a turnpike or toll project under Chapter 27, Subchapter A of this title (relating to Comprehensive Development Agreements), the department may enter into a comprehensive development agreement for the financing, design, acquisition, construction, maintenance, or operation of a rail facility or system.     
      (b) The department shall utilize the processes and procedures provided in Chapter 27, Subchapter A of this title when considering the use of a comprehensive development agreement, including when:      
        (1) requesting qualifications and proposals or accepting unsolicited proposals for the financing, design, acquisition, construction, maintenance, or operation of a rail facility or system;       
        (2) evaluating and ranking submissions and proposals; and       
        (3) selecting the proposal that provides the best value to the department.       
      (c) The department may combine in a comprehensive development agreement a rail facility or system and a turnpike or toll project as defined in Transportation Code, §201.001.     
      (d) In this section, "rail facility" and "system" have the meanings assigned in Transportation Code, Chapter 91.     
     Source Note:        The provisions of this §7.11 adopted to be effective November 17, 2005, 30 TexReg 7496; amended to be effective April 1, 2011, 36 TexReg 1690