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House Bill 2139 |
House Author: Phillips |
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Effective: 6-18-05 |
Senate Sponsor: Wentworth |
House Bill 2139 amends the Transportation Code to expand the provisions authorizing an agreement between the Texas Department of Transportation and a public or private entity that provides for the payment of pass-through tolls as reimbursement for the construction, maintenance, or operation of a toll or nontoll facility on the state highway system. The bill authorizes the department to delegate the full responsibility for design, bidding, and construction, including oversight and inspection, to a municipality, county, regional mobility authority, or regional tollway authority with whom the department enters into such an agreement. The bill requires the agreement to provide that the public entity receiving the delegation be required to meet state design criteria, construction specifications, and contract administration procedures unless the department grants an exception. It specifies that the agreement must prescribe the roles and responsibilities of the parties and establish time frames for any department reviews or approvals. The bill authorizes a public entity to contract with a private entity to act as its agent in carrying out the duties under the agreement with the department.
The bill requires the private entity to comply with all laws relating to engineering practices, procuring engineering services, and construction bidding that apply to the public entity and authorizes the public entity to assign the entity's right to payment of pass-through tolls to the private entity.