By:  Lucio                                            S.B. No. 1502
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the planning, programming, and funding mechanisms of
 1-3     the Texas Department of Transportation.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  DEFINITION.  In this Act, "department" means the
 1-6     Texas Department of Transportation.
 1-7           SECTION 2.  TRANSPORTATION PLANNING REGIONS.  (a)  The
 1-8     department shall establish transportation planning regions based on
 1-9     logical geographical boundaries and the prerogatives of local
1-10     interests.
1-11           (b)  The number of planning regions and their geographical
1-12     boundaries should be established through a consensus-based process
1-13     that is led by the department but incorporates the needs and
1-14     interests of local governments.
1-15           (c)  After the regions are defined, the department shall
1-16     assist local officials in establishing regional planning advisory
1-17     bodies and work in partnership with the planning advisory bodies to
1-18     select projects for the region.
1-19           SECTION  3.  STATEWIDE ADVISORY COMMITTEE.  A Statewide
1-20     Advisory Committee is created.  The department shall work with the
1-21     committee and the regional planning advisory committees to
1-22     establish a 10-year "Statewide Mega-Project" transportation
1-23     program.
 2-1           SECTION  4.  CATEGORIZATION OF FUNDS.  (a)  The department
 2-2     shall eliminate its current funding category structure, and combine
 2-3     funds into two primary categories:
 2-4                 (1)  mega-projects (40 percent of total construction
 2-5     funding); and
 2-6                 (2)  regional programs (60 percent of total
 2-7     construction funding).
 2-8           (b)  The department shall abandon all non-mandatory funding
 2-9     categories and manage its funding through two primary pools of
2-10     funding.  The first must combine all of the current statewide
2-11     funding categories and focuses on mega-projects throughout this
2-12     state.  The second must combine all of the district bank balance
2-13     programs into one fund that is allocated by formula and programmed
2-14     based on consensus decision by the engineering districts and the
2-15     appropriate regional planning advisory bodies.
2-16           SECTION 5.  ESTABLISHMENT OF ALLOCATION FORMULA.  (a)  The
2-17     department and the Statewide Advisory Committee shall establish a
2-18     new allocation formula for overall construction funding.  The
2-19     formula must include a minimum guarantee funding level for planning
2-20     regions equal to 90 percent of a region's estimated highway fund
2-21     contributions. The minimum guarantee level should apply to Regional
2-22     Program allocations on a annual basis, and mega-project funding
2-23     over the life of the program.
2-24           (b)  The minimum-guarantee level should be established as a
2-25     percentage of each planning region's estimated highway revenue
2-26     contributions, using the department's calculated percentage
 3-1     methodology or another formula developed with consensus of the
 3-2     statewide advisory committee.
 3-3           (c)  This minimum guarantee level must apply to all
 3-4     construction funds and not be limited to system preservation
 3-5     funding, and be set at a level that returns most of the funds that
 3-6     a region pays in, while allowing the agency the flexibility to
 3-7     reallocate some funding if appropriate.
 3-8           SECTION 6.  IMPLEMENTATION OF FUNDING ALLOCATION.  The
 3-9     department shall implement the new funding allocation over the next
3-10     four years, and develop a plan, in consultation with the Statewide
3-11     Advisory Committee and regional planning advisory bodies, to avoid
3-12     disruption of existing project requirements.
3-13           SECTION 7.  ANNUAL REPORT TO LEGISLATURE.  The department
3-14     shall submit an annual report to the Legislature documenting the
3-15     status of the mega-projects program and the ability of district
3-16     offices and local governments to implement projects and achieve the
3-17     anticipated system performance improvements.
3-18           SECTION 8.  PUBLIC ACCESS TO DEPARTMENT PROCESSES.  (a)  The
3-19     department shall make its highway construction project programming,
3-20     planning, and funding allocation processes more available to the
3-21     general public. The department shall publish information regarding
3-22     those processes on the department's Internet Web site.
3-23           (b)  The Web site must include the funding categories and
3-24     formulae, projects by transportation district in the unified
3-25     transportation program (UTP) and in the statewide transportation
3-26     improvement program (STIP).  Other transportation district project
 4-1     and funding information must include project lettings by district,
 4-2     project status (Priority 1 and Priority 2), construction project
 4-3     status, ranking according to the cost effectiveness index (CEI),
 4-4     the CEI index, and ranking according to disadvantaged county
 4-5     status.
 4-6           (d)  The department's Internet Web site must also include:
 4-7                 (1)  a glossary of terms and frequently asked
 4-8     questions; and
 4-9                 (2)  a Web page that provides project status and
4-10     funding information about this state's priority corridors and
4-11     transportation projects underway or planned for those corridors.
4-12           SECTION 9.  EFFECTIVE DATE.  This Act takes effect September
4-13     1, 2001.