Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 58 - LEGAL SUFFICIENCY REVIEW OF COMPREHENSIVE DEVELOPMENT AGREEMENTS › Subchapter B - PROCEDURES FOR OBTAINING LEGAL SUFFICIENCY REVIEW OF PROPOSED COMPREHENSIVE DEVELOPMENT AGREEMENTS › Section 58.4 - General Procedures and Requirements for Review

Current through Reg. 49, No. 28; July 12, 2024
(a) Toll project entities must submit one
				  hard copy and one machine-readable/searchable electronic copy of the transcript
				  of proceedings in a standard electronic format.
(b) The required transcript of proceedings
				  should be sent to the General Counsel Division of the Office of the Attorney
				  General at its Austin office location by one of the following methods: United
				  States Postal Service first-class mail in a properly addressed and sufficiently
				  stamped envelope or box; or by courier or overnight delivery service in a
				  properly addressed and prepaid envelope or box. The address for delivery by
				  United States Postal Service mail is: General Counsel Division, Office of the
				  Attorney General, Mail Code 074, P.O. Box 12548, Austin, Texas 78701-2548,
				  Attn: CDA Review. The address for courier or overnight delivery service is:
				  General Counsel Division, Office of the Attorney General, Room 102; Mail Code:
				  074, 300 W.15th Street, Austin, Texas 78701, Attn: CDA Review.
(c) Except as provided by subsection (e) of
				  this section, the OAG will provide the legal sufficiency review no later than
				  the 60th business day after the date the examination fee and the complete
				  transcript of proceedings are properly received as required by Texas
				  Transportation Code §
										RSA
				  371.051(b).
(d) The legal sufficiency determination will
				  be issued in writing and sent to the toll project entity. The legal sufficiency
				  determination is public information and is subject to disclosure.
(e) If the OAG cannot provide a legal
				  sufficiency determination within the 60 business day period, the OAG will
				  notify the toll project entity in writing of the reason for the delay and may,
				  in its sole discretion, extend the review period for not more than an
				  additional 30 business days.
(f)
				  The computation of the 60 business day review period under Texas Transportation
				  Code §
										RSA
				  371.051(d) does not begin
				  until the OAG determines that it has received a complete transcript and any fee
				  required in accordance with §
										RSA 58.7 of this
				  chapter. The toll project entity will be notified in writing of the date upon
				  which the OAG received the complete transcript and review fee.
(g) The OAG will not make a legal sufficiency
				  determination without receiving documents, certifications, and other
				  information from the toll project entity that are deemed necessary by the OAG,
				  in its sole discretion, to support a determination that a comprehensive
				  development agreement is legally sufficient for the purposes of Texas
				  Transportation Code §
										RSA
				  371.051, including the payment of any
				  examination fees required under §
										RSA 58.7 of this
				  chapter.
(h) The OAG may request
				  one or more conferences or teleconferences with authorized members or
				  representatives of the Department or the toll project entity as may be
				  necessary to obtain additional information and seek clarification regarding the
				  contents of the proposed comprehensive development agreement. Additionally, the
				  OAG may request clarification, briefing, or additional supporting documentation
				  as deemed necessary by the OAG to support a determination of legal
				  sufficiency.
(i) If, after
				  consultation with the Department or the toll project entity as appropriate, the
				  OAG determines, in its sole discretion, that the comprehensive development
				  agreement is, or is not, legally sufficient, the OAG will issue a written
				  determination to that effect that includes a brief explanatory
				  statement.