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.
Official text of the Texas Transportation Code as published by the Texas Legislative Council.