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A BILL TO BE ENTITLED
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AN ACT
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relating to Texas Department of Transportation and regional |
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mobility authority comprehensive development agreements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 223.201(b), Transportation Code, is |
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redesignated as Section 223.2001, Transportation Code, and amended |
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to read as follows: |
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Sec. 223.2001. DEFINITION. [(b)] In this subchapter, |
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"comprehensive development agreement" means an agreement that, at a |
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minimum, provides for the design and construction, reconstruction, |
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rehabilitation, expansion, or improvement of a project described in |
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Section 223.201(a) [Subsection (a)] and may also provide for the |
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financing, acquisition, maintenance, or operation of a project |
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described in Section 223.201(a) [Subsection (a)]. |
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SECTION 2. Sections 223.201(f), (g), (i), and (j), |
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Transportation Code, are amended to read as follows: |
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(f) In addition to the projects described by Subsection (a), |
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the [The] department may enter into a comprehensive development |
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agreement [only] for all or part of: |
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(1) the State Highway 99 (Grand Parkway) project; |
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(2) the Interstate Highway 35E managed lanes project |
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in Dallas and Denton Counties from Interstate Highway 635 to U.S. |
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Highway 380; |
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(3) the Interstate Highway 35W project in Tarrant |
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County from Interstate Highway 30 to State Highway 114; |
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(4) the State Highway 183 managed lanes project in |
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Tarrant and Dallas Counties from State Highway 121 to Interstate |
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Highway 35E; |
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(5) the Interstate Highway 35E/U.S. Highway 67 |
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Southern Gateway project in Dallas County, including: |
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(A) Interstate Highway 35E from 8th Street to |
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Interstate Highway 20; and |
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(B) U.S. Highway 67 from Interstate Highway 35E |
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to Farm-to-Market Road 1382 (Belt Line Road); |
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(6) the State Highway 288 project from U.S. Highway 59 |
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to south of State Highway 6 in Brazoria County and Harris County; |
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(7) the U.S. Highway 290 managed lanes project in |
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Harris County from Interstate Highway 610 to State Highway 99; |
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(8) the Interstate Highway 820 project from State |
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Highway 183 to Randol Mill Road; |
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(9) the State Highway 114 project in Dallas County |
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from State Highway 121 to State Highway 183; |
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(10) the Loop 12 project in Dallas County from State |
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Highway 183 to Interstate Highway 35E; |
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(11) the Loop 9 project in Dallas and Ellis Counties |
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from Interstate Highway 20 to U.S. Highway 67; and |
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(12) the U.S. Highway 181 Harbor Bridge project in |
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Nueces County between U.S. Highway 181 at Beach Avenue and |
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Interstate Highway 37. |
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(g) The department may combine in a comprehensive |
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development agreement under this subchapter: |
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(1) a toll project and a rail facility as defined by |
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Section 91.001; or |
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(2) two or more projects for which the department is |
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authorized under this subchapter to enter into a comprehensive |
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development agreement [described by Subsection (f)]. |
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(i) The department's authority to enter into a |
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comprehensive development agreement under this subchapter |
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expires[: |
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[(1)] August 31, 2031 [2017], for a project [described |
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by Subsection (f),] other than the State Highway 99 (Grand Parkway) |
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project [and the State Highway 183 managed lanes project; and |
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[(2) August 31, 2015, for the State Highway 183 |
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managed lanes project]. |
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(j) Before the department may enter into a comprehensive |
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development agreement under this subchapter [Subsection (f)], the |
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department must: |
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(1) for a project other than the State Highway 99 |
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(Grand Parkway) project, obtain[, not later than August 31, 2017,] |
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the appropriate environmental clearance: |
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(A) for the project; or |
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(B) for the initial or base scope of the project |
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if the project agreement provides for the phased construction of |
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the project; and |
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(2) present to the commission a full financial plan |
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for the project, including costing methodology and cost proposals. |
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SECTION 3. Section 370.305(c), Transportation Code, is |
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amended to read as follows: |
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(c) Except as provided by this chapter, an authority's |
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authority to enter into a comprehensive development agreement |
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expires on August 31, 2031 [2011]. |
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SECTION 4. The following provisions of the Transportation |
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Code are repealed: |
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(1) Sections 223.201(k) and (m); and |
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(2) Section 223.2011. |
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SECTION 5. The changes in law made by this Act do not |
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invalidate a comprehensive development agreement or facility |
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agreement entered into under Subchapter E, Chapter 223, |
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Transportation Code, before the effective date of this Act, and do |
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not limit the continued authority relating to those agreements. The |
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prior law is continued in effect for the limited purpose of |
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continuing to govern those agreements as applicable. |
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SECTION 6. This Act takes effect September 1, 2021. |