(a) Subject to § 223.202, the department may enter into a comprehensive development agreement with a private entity to design, develop, finance, construct, maintain, repair, operate, extend, or expand a:
(1) toll project;
(2) state highway improvement project that includes both tolled and nontolled lanes and may include nontolled appurtenant facilities;
(3) state highway improvement project in which the private entity has an interest in the project;
(4) state highway improvement project financed wholly or partly with the proceeds of private activity bonds, as defined by Section 141(a), Internal Revenue Code of 1986; or
(5) nontolled state highway improvement project authorized by the legislature.
(b) In this subchapter, “comprehensive development agreement” means an agreement that, at a minimum, provides for the design and construction, reconstruction, rehabilitation, expansion, or improvement of a project described in Subsection (a) and may also provide for the financing, acquisition, maintenance, or operation of a project described in Subsection (a).

(c) The department may negotiate provisions relating to professional and consulting services provided in connection with a comprehensive development agreement.
(d) Money disbursed by the department under a comprehensive development agreement is not included in the amount:
(1) required to be spent in a state fiscal biennium for engineering and design contracts under § 223.041; or
(2) appropriated in Strategy A.1.1. Plan/Design/Manage of the General Appropriations Act for that biennium for the purpose of making the computation under § 223.041.
(e) The department may authorize the investment of public and private money, including debt and equity participation, to finance a function described by this section.
(f) The department may enter into a comprehensive development agreement only for all or part of:
(1) the State Highway 99 (Grand Parkway) project;
(2) the Interstate Highway 35E managed lanes project in Dallas and Denton Counties from Interstate Highway 635 to U.S. Highway 380;
(3) the Interstate Highway 35W project in Tarrant County from Interstate Highway 30 to State Highway 114;
(4) the State Highway 183 managed lanes project in Tarrant and Dallas Counties from State Highway 121 to Interstate Highway 35E;
(5) the Interstate Highway 35E/U.S. Highway 67 Southern Gateway project in Dallas County, including:
(A) Interstate Highway 35E from 8th Street to Interstate Highway 20; and
(B) U.S. Highway 67 from Interstate Highway 35E to Farm-to-Market Road 1382 (Belt Line Road);
(6) the State Highway 288 project from U.S. Highway 59 to south of State Highway 6 in Brazoria County and Harris County;
(7) the U.S. Highway 290 managed lanes project in Harris County from Interstate Highway 610 to State Highway 99;
(8) the Interstate Highway 820 project from State Highway 183 to Randol Mill Road;
(9) the State Highway 114 project in Dallas County from State Highway 121 to State Highway 183;
(10) the Loop 12 project in Dallas County from State Highway 183 to Interstate Highway 35E;
(11) the Loop 9 project in Dallas and Ellis Counties from Interstate Highway 20 to U.S. Highway 67; and
(12) the U.S. Highway 181 Harbor Bridge project in Nueces County between U.S. Highway 181 at Beach Avenue and Interstate Highway 37.
(g) The department may combine in a comprehensive development agreement under this subchapter:
(1) a toll project and a rail facility as defined by § 91.001; or
(2) two or more projects described by Subsection (f).
(h) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1345, Sec. 99, eff. June 17, 2011.
(i) The authority to enter into a comprehensive development agreement expires:
(1) August 31, 2017, for a project described by Subsection (f), other than the State Highway 99 (Grand Parkway) project and the State Highway 183 managed lanes project; and
(2) August 31, 2015, for the State Highway 183 managed lanes project.
(j) Before the department may enter into a comprehensive development agreement under Subsection (f), the department must:
(1) for a project other than the State Highway 99 (Grand Parkway) project, obtain, not later than August 31, 2017, the appropriate environmental clearance:
(A) for the project; or
(B) for the initial or base scope of the project if the project agreement provides for the phased construction of the project; and
(2) present to the commission a full financial plan for the project, including costing methodology and cost proposals.
(k) Not later than December 1, 2014, the department shall provide a report to the commission on the status of a project described by Subsection (f). The report must include:
(1) the status of the project’s environmental clearance;
(2) an explanation of any project delays; and
(3) if the procurement is not completed, the anticipated date for the completion of the procurement.
(l) In this section, “environmental clearance” means:
(1) a finding of no significant impact has been issued for the project or, as applicable, for the initial or base scope of the project; or
(2) for a project for which an environmental impact statement is prepared, a record of decision has been issued for that project or, as applicable, for the initial or base scope of the project.
(m) The department may not develop a project under this section as a project under Chapter 227.