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Amend CSHB 2702 as follows:
(1) In SECTION 2.13 of the bill, amended Section 222.104,
Transportation Code (committee printing page 11, between lines 48
and 49), insert the following:
(i) To the maximum extent permitted by law, the department
may 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 an agreement
under this section.
(j) An agreement under this section must provide that a
municipality, county, regional mobility authority, or regional
tollway authority is required to meet state design criteria,
construction specifications, and contract administration
procedures unless the department grants an exception.
(k) An agreement under this section should prescribe the
roles and responsibilities of the parties and establish time frames
for any department reviews or approvals in a manner that will, to
the maximum extent possible, expedite the development of the
project.
(2) Add the following appropriately numbered SECTIONS to
Article 2 of the bill and renumber subsequent SECTIONS as
appropriate:
SECTION 2.__. Subchapter C, Chapter 791, Government Code,
is amended by adding Section 791.033 to read as follows:
Sec. 791.033. CONTRACTS TO CONSTRUCT, MAINTAIN, OR OPERATE
FACILITIES ON STATE HIGHWAY SYSTEM. (a) In this section, "state
highway system" means the highways in this state included in the
plan providing for a system of state highways prepared under
Section 201.103, Transportation Code.
(b) A local government may enter into and make payments
under an agreement with another local government for the design,
development, financing, construction, maintenance, operation,
extension, expansion, or improvement of a toll or nontoll project
or facility on the state highway system located within the
boundaries of the local government or, as a continuation of the
project or facility, within the boundaries of an adjacent local
government.
(c) An agreement under this section must be approved by the
Texas Department of Transportation.
(d) Notwithstanding Section 791.011(d), to make payments
under an agreement under this section, a local government may:
(1) pledge revenue from any available source,
including payments received under an agreement with the Texas
Department of Transportation under Section 222.104, Transportation
Code;
(2) pledge, levy, and collect taxes to the extent
permitted by law; or
(3) provide for a combination of Subdivisions (1) and
(2).
(e) The term of an agreement under this section may not
exceed 40 years.
(f) Any election required to permit action under this
section must be held in conformance with the Election Code or other
law applicable to the local government.
(g) In connection with an agreement under this section, a
county or municipality may exercise any of the rights and powers
granted to the governing body of an issuer under Chapter 1371.
(h) This section is wholly sufficient authority for the
execution of agreements, the pledge of revenues, taxes, or any
combination of revenues and taxes, and the performance of other
acts and procedures authorized by this section by a local
government without reference to any other provision of law or any
restriction or limitation contained in those provisions, except as
specifically provided by this section. To the extent of any
conflict or inconsistency between this section and any other law,
this section shall prevail and control. A local government may use
any law not in conflict with this section to the extent convenient
or necessary to carry out any power or authority, expressed or
implied, granted by this section.
SECTION 2.__. Subtitle I, Title 9, Government Code, is
amended by adding Chapter 1479 to read as follows:
CHAPTER 1479. COUNTY BONDS FOR FACILITIES ON
STATE HIGHWAY SYSTEM
Sec. 1479.001. DEFINITION. In this chapter, "state highway
system" means the highways in this state included in the plan
providing for a system of state highways prepared under Section
201.103, Transportation Code.
Sec. 1479.002. AUTHORITY TO ISSUE BONDS. (a) A county may
issue bonds to provide funds for the design, development,
financing, construction, maintenance, operation, extension,
expansion, or improvement of a toll or nontoll project or facility
on the state highway system located in the county or, as a
continuation of the project or facility, in an adjacent county.
(b) To provide for the payment of bonds issued under this
section, a county may:
(1) pledge revenue from any available source,
including payments received under an agreement with the Texas
Department of Transportation under Section 222.104, Transportation
Code;
(2) pledge, levy, and collect taxes subject to any
constitutional limitation; or
(3) provide for a combination of Subdivisions (1) and
(2).
(c) Any election required to permit action under Subsection
(b) must be held in conformance with the Election Code or other law
applicable to the county.
(d) A county that issues bonds under this section may
exercise any of the rights and powers granted to the governing body
of an issuer under Chapter 1371.
(e) A bond issued under this section must mature not later
than 40 years after its date of issuance.
(f) This section is wholly sufficient authority for the
issuance of bonds, the pledge of revenues, taxes, or any
combination of revenues and taxes, and the performance of other
acts and procedures authorized by this section by a county without
reference to any other provision of law or any restriction or
limitation contained in those provisions, except as specifically
provided by this section. To the extent of any conflict or
inconsistency between this section and any other law, this section
shall prevail and control. A county may use any law not in conflict
with this section to the extent convenient or necessary to carry out
any power or authority, expressed or implied, granted by this
section.
SECTION 2.__. Subchapter E, Chapter 222, Transportation
Code, is amended by adding Section 222.1045 to read as follows:
Sec. 222.1045. CONTRACTS OF CERTAIN PUBLIC ENTITIES. (a)
In this section, "public entity" means a municipality, county,
regional mobility authority, or regional tollway authority.
(b) A public entity may contract with a private entity to
act as the public entity's agent in:
(1) the design, financing, maintenance, operation, or
construction, including oversight and inspection, of a toll or
nontoll facility under Section 222.104(b); or
(2) the maintenance of a state highway or a portion of
a state highway subject to an agreement under Section 222.104(c).
(c) A public entity shall:
(1) select a private entity under Subsection (b) on
the basis of the private entity's qualifications and experience;
and
(2) enter into a project development agreement with
the private entity.
(d) A private entity selected shall comply with Chapter
1001, Occupations Code, and all laws related to procuring
engineering services and construction bidding that are applicable
to the public entity that selected the private entity.
(e) A public entity may assign the public entity's right to
payment of pass-through tolls under Section 222.104(b) or (c) to
the private entity.