C. Brian Cassidy

Brian Cassidy advises clients on complex procurements, public-private partnerships (PPPs or P3s), regulatory compliance, and all aspects of the planning, design, financing, operation and approvals required for major infrastructure projects. He plays an integral role in the development of toll roads and non-tolled highways, and has been at the forefront of development of legislation and policy impacting the funding and development of infrastructure projects.

Transportation Infrastructure

Brian represents several regional mobility authorities (RMAs) and toll authorities in Texas. He has worked extensively on legislation governing the operations of RMAs and the procurement and financing options available to these entities. He is actively involved in the legislative process related to transportation policy and funding, and has been invited to testify in legislative hearings on a variety of topics.

His work with RMAs involves all phases of project development, including:

• Financing
• Procurement (including through design/build contracts and other public/private partnerships)
• Environmental clearance (and related litigation)
• Operations (including violation enforcement)
• Compliance with various state and federal requirements related to project financing and approvals

Brian's experience includes:

• SH 130, Loop 1 and SH 45 North- Central Texas Turnpike System (Williamson and Travis Counties)
• US 183-A (Williamson County)
• US 290E Manor Expressway (Travis County)
• Loop 1 Mopac Managed Lanes- MoPac Improvement Project (Travis County)
• SH 71 Express Project (Travis County)
• US 183 South-Bergstrom Expressway (Travis County)
• SH 45 Southwest (Travis/Hays Counties)
• US 183 North Mobility Project (Travis County)
• US 290/SH 130 Direct Connectors Project (Travis County)
• Toll 49 (Smith County)
• SH 550 Toll Project (Cameron County)
• West Rail Relocation Project (Cameron County)
• East Loop Corridor (Cameron County)
• US 281/Loop 1604 Interchange (Bexar County)
• US 281 (Bexar County)
• Loop 1604 (Bexar County)
• SH 130, Segments 5 and 6 (post-bankruptcy) (Travis, Guadalupe & Comal Counties)
• SH 289 (Grayson County)
• Loop 375 Cesar Chavez Border Highway Managed Lanes Project (El Paso)
• Loop 375 at I-10 Interchange –Americas Interchange Project (El Paso)
• Loop 375 (Joe Battle Blvd) at FM 659-Zaragoza Project (El Paso)
• Loop 375 (Northeast) Mainlane Extension-Transmountain Northeast Project (El Paso)
• I-10 Aesthetics Highway Improvements Program (El Paso)
• Spur 601 (El Paso)
• FM 110 (Hays County)
• Loop 571 (Rusk County)
• SL 79 (Val Verde County)

Project Funding

Brian works extensively on:

• Toll revenue bond issuances
• Negotiation of financial assistance agreements, project development agreements, state infrastructure bank loans, pass-through financing agreements and TIFIA funding agreements
• Financing involving Transportation Reinvestment Zones (TRZs)
• Implementation of optional vehicle registration fees, where authorized, and the leveraging of those fees through bond financings to develop programs for constructing state and local projects

On the private sector side, Brian works with clients to implement projects developed on behalf of state and local governments, including those using PPPs, private activity bonds, pass-through financing, bond financing, TRZs and project implementation with a variety of innovative risk sharing structures.

Autonomous Vehicles (AV)

Brian worked with a technology company on the first driverless car deployment on public roadways in Texas. He advises clients on local, state and federal issues related to AV regulation and oversight, connected vehicle (CV) technology, and protection of proprietary and trade secret information in connection with AV/CV deployment.

Government Contracting and Disputes

With a thorough working knowledge of government procurement requirements, Brian consults with clients regarding:

• Procurement processes
• Potential procurement challenges
• Bid protests
• Protection of information submitted in response to procurements
• Governmental actions taken in the context or procurements

Open Government Issues and Agency Rulemakings

Brian's practice requires him to frequently advise clients on open government issues and requires him to be involved with:

• Attorney General opinion requests
• Public Information Act disputes
• Application of the Open Meetings Act to various actions
• Rulemaking proceedings under the Texas Administrative Procedures Act