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Amend CSHB 2704 by adding the following appropriately
numbered SECTIONS to the bill and renumbering subsequent SECTIONS
as appropriate:
SECTION . Section 222.104, Transportation Code, is
amended by adding Subsections (f)-(h) to read as follows:
(f) 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.
(g) 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.
(h) An agreement under this section should prescribe the
roles and responsibilities of the parties and establish timeframes
for any department reviews or approvals in a manner that will, to
the maximum extent possible, expedite the development of the
project.
SECTION . 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 a 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
222.104(c) to the private entity.