Tex.
Transp. Code Section 222.1045
Contracts of Certain Public Entities
(a)
In this section, “public entity” means a municipality, county, regional mobility authority, or regional tollway authority.(b)
A public entity may contract with a private entity to act as the public entity’s agent in:(1)
the design, financing, maintenance, operation, or construction, including oversight and inspection, of a toll or nontoll facility under Section 222.104 (Pass-through Tolls)(b); or(2)
the maintenance of a state highway or a portion of a state highway subject to an agreement under Section 222.104 (Pass-through Tolls)(d)(1).(c)
A public entity shall:(1)
select a private entity under Subsection (b) on the basis of the private entity’s qualifications and experience; and(2)
enter into a project development agreement with the private entity.(d)
A private entity selected shall comply with Chapter 1001 (Texas Board of Professional Engineers and Land Surveyors), Occupations Code, and all laws related to procuring engineering services and construction bidding that are applicable to the public entity that selected the private entity.(e)
A public entity may assign the public entity’s right to payment of pass-through tolls under Section 222.104 (Pass-through Tolls)(b) or (d)(1) to the private entity.(b)
A public entity may contract with a private entity to act as the public entity’s agent in:(1)
the design, financing, maintenance, operation, or construction, including oversight and inspection, of a toll or nontoll facility under Section 222.104 (Pass-through Tolls)(b); or(2)
the maintenance of a state highway or a portion of a state highway converted to a toll facility under Section 222.104 (Pass-through Tolls)(c).(c)
A public entity shall:(1)
select a private entity under Subsection (b) on the basis of the private entity’s qualifications and experience; and(2)
enter into a project development agreement with the private entity.(d)
A private entity selected shall comply with Chapter 1001 (Texas Board of Professional Engineers and Land Surveyors), Occupations Code, and all laws related to procuring engineering services and construction bidding that are applicable to the public entity that selected the private entity.(e)
A public entity may assign the public entity’s right to payment of pass-through tolls under Section 222.104 (Pass-through Tolls)(b) or (c) to the private entity.
Source:
Section 222.1045 — Contracts of Certain Public Entities, https://statutes.capitol.texas.gov/Docs/TN/htm/TN.222.htm#222.1045 (accessed Jun. 5, 2024).
