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Amend SB 21 on third reading by adding the following sections
to the bill, appropriately numbered, and renumbering subsequent
sections accordingly:
SECTION ____. (a) Section 227.014, Transportation Code, as
added by HB 3588, Acts of the 78th Legislature, Regular Session,
2003, is amended by amending Subsection (a) and adding Subsection
(a-1) to read as follows:
(a) If the commission determines that the mobility needs of
this state would be most efficiently and economically met by
jointly operating two or more facilities or combinations of
different types of facilities financed or constructed as part of
the same project as one operational and financial enterprise, it
may create a system composed of those facilities or combinations of
facilities. The commission may create more than one system and may
combine two or more systems into one system. The commission may
finance, construct, and operate an additional facility or
combination of facilities as an expansion of a system if the
commission determines that the facility or combination of
facilities would most efficiently and economically be constructed
and operated if the facility or combination of facilities [it] were
a part of the system and that the addition will benefit the system.
A system may only include facilities located wholly or partly
within the territory of:
(1) a metropolitan planning organization; or
(2) two adjacent department districts.
(a-1) Subsection (a) does not prohibit the department from
creating a system that includes a facility that extends
continuously through the territory of:
(1) two or more metropolitan planning organizations;
or
(2) more than two adjacent department districts.
(b) Section 227.023(c), Transportation Code, as added by HB
3588, Acts of the 78th Legislature, Regular Session, 2003, is
amended to read as follows:
(c) To the extent and in the manner that the department may
enter into comprehensive development agreements under Chapter 361
with regard to turnpikes, the department may enter into a
comprehensive development agreement [agreements] under this
chapter that provides for the financing, development, design,
construction, or operation of a facility or a combination of [with
regard to] facilities on the Trans-Texas Corridor. All provisions
of Chapter 361 relating to comprehensive development agreements for
turnpikes apply to comprehensive development agreements for
facilities under this chapter, including provisions relating to the
confidentiality of information. Claims arising under a
comprehensive development agreement are subject to Section
201.112.
SECTION ___. Subchapter H, Chapter 201, Transportation Code,
is amended by adding Section 201.616 to read as follows:
Sec. 201.616. ANNUAL REPORT TO LEGISLATURE ON CERTAIN
MATTERS. (a) Not later than December 1 of each year, the
department shall submit a report to the legislature that details:
(1) the expenditures made by the department in the
preceding state fiscal year in connection with:
(A) the unified transportation program of the
department;
(B) turnpike projects and toll roads of the
department;
(C) the Trans-Texas Corridor;
(D) rail facilities described in Chapter 91; and
(E) non-highway facilities on the Trans-Texas
Corridor if those expenditures are subject to Section 227.062(c);
(2) the amount of bonds or other public securities
issued for transportation projects; and
(3) the direction of money by the department to a
regional mobility authority in this state.
(b) The report must break down information under Subsection
(a)(1)(A) by program category and department district. The report
must break down information under Subsections (a)(1)(B), (C), (D),
and (E) and Subsection (a)(3) by department district. The report
must break down information under Subsection (a)(2) by department
district and type of project.
(c) The report may be submitted in an electronic format.
SECTION ____. (a) Section 91.071, Transportation Code, as
added by HB 3588, Acts of the 78th Legislature, Regular Session,
2003, is amended to read as follows:
Sec. 91.071. [PERMISSIBLE SOURCES OF] FUNDING. (a) Except
as provided in Subsection (b), the [The] department may use any
available funds to implement this chapter [legally permissible
source of funding in acquiring, constructing, maintaining, and
operating a rail facility or system], including funds[:
[(1) appropriations from the state highway fund that
are not dedicated for another purpose by Section 7-a or 7-b, Article
VIII, Texas Constitution;
[(2) proceeds from bonds secured by the Texas Mobility
Fund;
[(3) donations, whether in kind or in cash; and
[(4) loans] from the state infrastructure bank.
(b) Each fiscal year, the total amount disbursed by the
department from the state highway fund to implement this chapter
may [out of federal and state funds shall] not exceed $12.5 million.
This subsection does not apply to:
(1) [disbursements for the acquisition or
construction of rail lines on the Trans-Texas Corridor;
[(2)] the acquisition of abandoned rail facilities
described in Section 91.007;
(2) [(3)] funding derived from the issuance of bonds,
private investment, and donations;
(3) federal funds[, and grants or loans] from the
Federal Railroad Administration, from the [or] Federal Transit
Administration, or authorized and appropriated by the United States
Congress for a specific project; [and]
(4) grants awarded by the governor from the Texas
Enterprise Fund; and
(5) grading and bed preparation.
(b) The Texas Transportation Commission shall propose rules
governing the disbursement of funds for the acquisition of
abandoned rail facilities described in Section 91.007,
Transportation Code. The rules shall prescribe criteria for the
Texas Department of Transportation's acquisition of abandoned rail
facilities. In establishing criteria, the Texas Transportation
Commission shall consider the local and regional economic benefit
realized from the disbursement of funds in comparison to the amount
of the disbursement.
(c) If this Act receives the vote necessary for immediate
effect, the Texas Transportation Commission shall propose the rules
required by Subsection (b) of this section not later than September
30, 2003. If this Act does not receive the vote necessary for
immediate effect, the Texas Transportation Commission shall
propose the rules required by Subsection (b) of this section not
later than December 1, 2003.