By:  Barrientos, Wentworth                                        S.B. No. 485
	(In the Senate - Filed February 13, 2003; February 19, 2003, 
read first time and referred to Committee on Infrastructure 
Development and Security; April 24, 2003, reported adversely, with 
favorable Committee Substitute by the following vote:  Yeas 8, Nays 
0; April 24, 2003, sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 485                                    By:  Barrientos


A BILL TO BE ENTITLED

AN ACT


relating to the use of exclusive development agreements by an 
intermunicipal commuter rail district.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 6, Article 6550c-1, Revised Statutes, is 
amended to read as follows:
	Sec. 6.  COMPETITIVE BIDS.  A contract in the amount of more 
than $15,000 for the construction of improvements or the purchase 
of material, machinery, equipment, supplies, or any other property 
except real property may be let only on competitive bids after 
notice published, at least 15 days before the date set for receiving 
bids, in a newspaper of general circulation in the district.  A 
board may adopt rules governing the taking of bids and the awarding 
of contracts.  This section does not apply to:
		(1)  personal or professional services;                                       
		(2)  the acquisition of existing rail transportation 
systems; [or]
		(3)  a contract with a common carrier to construct 
lines and to operate commuter rail service on lines owned in whole 
or in part by the carrier; or
		(4)  an agreement with a private entity under Section 
6A of this Article.
	SECTION 2.  Article 6550c-1, Revised Statutes, is amended by 
adding Section 6A to read as follows:
	Sec. 6A. EXCLUSIVE DEVELOPMENT AGREEMENTS.  (a)  In this 
section, "exclusive development agreement" means an agreement with 
a private entity that at a minimum provides for the design and 
construction of a commuter rail facility or system.  The agreement 
may also provide for the financing, acquisition, maintenance, or 
operation of a commuter rail facility or system.
	(b)  A board may enter into an exclusive development 
agreement with a private entity.
	(c)  The board may adopt rules governing agreements under 
this section.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.



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