Transportation Code §223.209

(a) The commission shall adopt rules, procedures, and guidelines governing selection of a developer for a comprehensive development agreement and negotiations to promote fairness, obtain private participants in projects, and promote confidence among those participants. The rules must contain criteria relating to the qualifications of the participants and the award of the contracts. (b) The department shall have up-to-date procedures for participation in negotiations under this subchapter. (c) The department has exclusive judgment to determine the terms of an agreement.