Transportation Code § 441.025

Sec. 441.025. GROUNDS REQUIRING GRANTING OF PETITION. The commission shall grant the creation of the district and approve the plan if it finds that: (1) the creation of the district will benefit the real property in the district; (2) each proposed road facility is feasible, practicable, and necessary and will benefit the district and the real property in the district; (3) each governmental entity to which a road facility is to be conveyed has approved the preliminary plan for the road facility; (4) the person seeking approval has agreed in writing to comply with the requirements of each municipality in which or extraterritorial jurisdiction of which a road facility is to be located, if the road facility is to be conveyed to a county; (5) each governmental entity to which a road facility is to be conveyed has agreed, by issuing an approval statement, to accept the conveyance; and (6) the district will be financially able to issue and pay its bonds. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.