Sec. 373.053. DEPARTMENT OPTION. (a) If the local toll project entity fails or declines to exercise the option to develop, finance, construct, and operate a toll project under Section 373.052(a), or fails or declines to advertise for procurement or enter into a construction contract as required by Section 373.052(c), the department has the option to develop, finance, construct, and operate the toll project. The department has not more than 60 days after the date the local toll project entity fails or declines to exercise its option under Section 373.052(a) or fails or declines to advertise for procurement or enter into a construction contract as required by Section 373.052(c) to exercise its option.
(b) If the department exercises its option under Subsection (a), the department after exercising the option must:
(1) within 180 days after the later of the date of exercising its option or the date on which all environmental approvals necessary for the development of the toll project are secured and all legal challenges to development are concluded, advertise for the initial procurement of required services, including, at a minimum, design services, for the project; and
(2) within two years after the later of the date of exercising its option or the date on which all environmental approvals necessary for the development are secured and all legal challenges to development are concluded, enter into a contract for the construction of the toll project.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 1, eff. June 17, 2011.
Section: Previous 373.003 373.004 373.005 373.006 373.007 373.051 373.052 373.053 373.054 373.055 373.056 373.057 373.058 373.059 373.101 NextLast modified: September 28, 2016