Chapter 12: Project Development and Operating Agreements and Financial Assistance Agreements


Section 1: Overview



The following agreements types are each handled by the Texas Department of Transportation (TxDOT)’s General Counsel Division. Project Development Agreements involve the development, construction, maintenance or operation of toll projects by a local toll project entity, including a regional mobility authority, a regional tollway authority, a transit authority created under Texas Transportation Code, Chapters 451, 452, or 453, and a county acting under Texas Transportation Code, Chapter 284. The other agreement type found in this chapter, Financial Assistance Agreements, permit TxDOT to participate in toll facilities with a public or private entity.



To reflect the agreement between TxDOT and a local toll project entity regarding a transportation project that will connect to either the state highway system or to a TxDOT rail facility, or that is to be part of the state highway system;

To reflect the Texas Transportation Commission’s approval of the lease, sale, or transfer of a toll project or system, including a non-tolled state highway or a segment of a non-tolled state highway converted to a toll project to a governmental entity that has the authority to operate a tolled highway or a local government corporation; or

To allow TxDOT to participate, by grant or by loan, in the cost of the acquisition, construction, maintenance, or operation of a toll facility of a public or private entity, subject to the limitations on providing grants in state law.

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