Amend CSHB 2702 (Senate committee printing) by adding the
following appropriately numbered SECTIONS to Article 2 of the bill
and renumbering subsequent SECTIONS as appropriate:
SECTION __. Section 201.1055, Transportation Code, is
amended to read as follows:
Sec. 201.1055. AGREEMENTS WITH PRIVATE ENTITIES. (a)
Notwithstanding any other law, including Subchapter A, Chapter
2254, Government Code, Chapters 2165, 2166, and 2167, Government
Code, and Sections 202.052, 202.053, 203.051, 203.052, and 223.001
of this code, the department and a private entity that offers the
best value to the state may enter into an agreement for the [that
includes]:
(1) acquisition, [both] design, [and] construction,
or renovation, including site development, of a building or other
facility required to support department operations [district
office headquarters facility] located on real property owned or
acquired by the department [in a county with a population of 3.3
million or more]; or
(2) acquisition from the private entity of real
property, a building, or other facility required to support
department operations that is constructed on the real property in
exchange for department-owned real property, including any
improvements [a lease of department-owned real property in a
district that includes a county with a population of 3.3 million or
more to the private entity;
[(3) a provision authorizing the private entity to
construct and retain ownership of a building on property leased to
the entity under Subdivision (2); and
[(4) a provision under which the department agrees to
enter into an agreement to lease with an option or options to
purchase a building constructed on property leased to the entity
under Subdivision (2)].
(b) A project described by this section that is not wholly
paid for by an exchange of department-owned real property may be
financed in accordance with Section 1232.111, Government Code.
(c) Notwithstanding Section 202.024, the commission may
authorize the executive director to execute a deed exchanging
department-owned real property under Subsection (a)(2).
(d) The commission shall notify the Bond Review Board and
Texas Public Finance Authority of the proposed transaction not less
than 45 days before the date the commission signs an agreement under
this section providing for the exchange of department-owned real
under Subsection (a)(2).
(e) An agreement under this section providing for the
exchange of department-owned real property under Subsection (a)(2)
that has an appraised value greater than the appraised value of real
property and improvements acquired by the department under the
agreement must require the private entity to compensate the
department for the difference. Any compensation paid by a private
entity must be deposited to the credit of the state highway fund and
is exempt from the application of Section 403.095, Government Code.
SECTION __. Section 221.001(1), Transportation Code, is
amended to read as follows:
(1) "Highway" includes a public road or part of a
public road and a bridge, culvert, building, or other necessary
structure related to a public road.
SECTION __. Section 2166.302, Government Code, is amended
by amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) Except as provided by Subsections [Subsection] (b) and
(c), the commission shall adopt uniform general conditions to be
incorporated into all building construction contracts made by the
state, including a contract for a project excluded from this
chapter by Section 2166.003, but not including a contract for a
project excluded from this chapter by Section 2166.004.
(c) Subsection (a) does not apply to a project constructed
by and for the Texas Department of Transportation.
SECTION __. Subchapter C, Chapter 1232, Government Code, is
amended by adding Section 1232.111 to read as follows:
Sec. 1232.111. CERTAIN PROJECTS BY TEXAS DEPARTMENT OF
TRANSPORTATION. (a) The authority may issue and sell obligations
to finance one or more projects described by Section 201.1055(a),
Transportation Code. Notwithstanding Section 1232.108(2), the
estimated cost of the project must be specified in the General
Appropriations Act or other law.
(b) Any provision of this chapter that relates to the
issuance or sale of obligations to finance the acquisition or
construction of a building, including provisions relating to form,
procedure, repayment, actions that may be taken to ensure that the
payment of the principal of and interest on the obligations is
continued without interruption, and other relevant matters,
applies to the issuance or sale of obligations under this section to
the extent that the provision may be appropriately made applicable.
(c) The legislature may appropriate money from any
available source, including the state highway fund, to the Texas
Department of Transportation to make lease payments to the
authority for space occupied by the department in a building
acquired or constructed under Section 201.1055(a), Transportation
Code.