Suspending limitations on conference committee jurisdiction,
H.B. No. 2702 (Krusee/Staples)
By: Staples S.R. No. 1098
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 79th
Legislature, Regular Session, 2005, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on
House Bill 2702 (construction, acquisition, financing,
maintenance, management, operation, ownership, and control of
transportation facilities and the progress, improvement, and
safety of transportation in this state) to consider and take
action on the following matters:
(1) Senate Rule 12.03(4) is suspended to permit the
committee to add the following to Section 91.054, Transportation
Code:
(c) The department may not enter into a comprehensive
development agreement with a private entity under this chapter
that provides for the lease or use of rights-of-way or related
property by the private entity to construct, operate, or maintain
a facility that is unrelated to the operation of the rail
facility or system.
Explanation: The addition is necessary to address the
differences between the conferees on the issue of comprehensive
development agreements for facilities that are unrelated to the
operation of a rail facility or system by the Texas Department of
Transportation.
(2) Senate Rule 12.03(4) is suspended to permit the
committee to add the following to Section 203.092,
Transportation Code:
(a-1) Notwithstanding Subsection (a), the department and
the utility shall share equally the cost of the relocation of a
utility facility that is made before September 1, 2007, and
required by the improvement of a nontolled highway to add one or
more tolled lanes. This subsection expires September 1, 2007.
(a-2) Notwithstanding Subsection (a), the department and
the utility shall share equally the cost of the relocation of a
utility facility that is made before September 1, 2007, and
required for the improvement of a nontolled highway that has been
converted to a turnpike project or toll project. This subsection
expires September 1, 2007.
(a-3) Notwithstanding Subsection (a), the department and
the utility shall share equally the cost of the relocation of a
utility facility that is made before September 1, 2007, and
required for the construction of a new location of a turnpike
project or toll project or the expansion of a new location of a
turnpike project or toll project. This subsection expires
September 1, 2007.
Explanation: The addition is necessary to address the
differences between the conferees on the issue of the payment of
utility relocation costs when the relocation is required because
of construction related to toll lanes, turnpike projects, or toll
projects.
(3) Senate Rule 12.03(4) is suspended to permit the
committee to add the following to Subsection (a), Section
223.201, Transportation Code:
(5) state highway improvement project financed
wholly or partly with the proceeds of private activity bonds, as
defined by Section 141(a), Internal Revenue Code of 1986.
Explanation: The addition is necessary to allow the Texas
Department of Transportation to enter into a comprehensive
development agreement to design, develop, finance, construct,
maintain, repair, operate, extend, or expand a state highway
improvement project financed wholly or partly with the proceeds
of private activity bonds, as defined by Subsection (a), Section
141, Internal Revenue Code of 1986.
(4) Senate Rule 12.03(4) is suspended to permit the
committee to add the following to Section 223.201,
Transportation Code:
(g) The department may combine in a comprehensive
development agreement under this subchapter a toll project and a
rail facility as defined by Section 91.001.
Explanation: The addition is necessary to allow the Texas
Department of Transportation to combine in a comprehensive
development agreement a toll project and a rail facility.
(5) Senate Rule 12.03(4) is suspended to permit the
committee to add the following to Section 223.203,
Transportation Code:
(e-1) Notwithstanding the requirements of this section,
the department may prequalify a private entity to submit a
detailed proposal to provide services under a design-build
contract. The department is not required to publish a request
under Subsection (c) for a design-build contract, and may enter
into a design-build contract based solely on an evaluation of
detailed proposals submitted in response to a request under
Subsection (f) by prequalified private entities. The commission
shall adopt rules establishing criteria for the prequalification
of a private entity that include the precertification
requirements applicable to providers of engineering services and
the qualification requirements for bidders on highway
construction contracts. Rules for design-build projects adopted
pursuant to this subsection shall also provide for an expedited
selection process that includes design innovation as a selection
criterion.
(e-2) In this section, "design-build contract" means a
comprehensive development agreement that includes the design and
construction of a turnpike project, does not include the
financing of a turnpike project, and may include the acquisition,
maintenance, or operation of a turnpike project.
Explanation: The addition is necessary to address the
differences between the conferees on the issue of the
prequalification of private entities for design-build contracts
for certain highway projects.
(6) Senate Rule 12.03(4) is suspended to permit the
committee to add the following to Section 223.206,
Transportation Code:
(d) The department may not enter into a comprehensive
development agreement with a private entity under this
subchapter or Section 227.023 that provides for the lease,
license, or other use of rights-of-way or related property by the
private entity for the purpose of constructing, operating, or
maintaining an ancillary facility that is used for commercial
purposes.
Explanation: The addition is necessary to address the
differences between the conferees on the issue of comprehensive
development agreements by the Texas Department of Transportation
relating to the use of highway rights-of-way for certain
ancillary facilities.
(7) Senate Rule 12.03(4) is suspended to permit the
committee to add the following SECTION to the bill:
SECTION 2.100. Notwithstanding any law to the contrary,
neither the Texas Department of Transportation nor a regional
mobility authority may acquire property, enter into a contract,
grant a franchise, or lease or license property for the purpose
of constructing or operating an ancillary facility to be used for
a commercial purpose under Chapter 228 or 370, Transportation
Code. This section does not apply to a segment of highway under
the jurisdiction of a regional mobility authority if the regional
mobility authority awarded a comprehensive development agreement
for the improvement of that segment before September 1, 2005.
This segment does not apply to a segment of the state highway
system in Travis or Williamson County if the Texas Department of
Transportation awarded an exclusive development agreement for
the improvement of that section before September 1, 2005. This
section expires September 1, 2007.
Explanation: The addition is necessary to address the
differences between the conferees on the issue of the acquisition
of property, granting a franchise, or leasing or licensing
property for the purpose of constructing or operating an
ancillary facility by certain entities.
(8) Senate Rule 12.03(4) is suspended to permit the
committee to add the following to SECTION 8.02 of the bill:
(b) Before the executive director of the Texas Department
of Transportation or the director's designee may authorize a
person to use a state-operated aircraft, the person must sign an
affidavit stating that the person is traveling on official state
business. On filing of the affidavit, the person may be
authorized to use state-operated aircraft for official state
business for a period of one year. A member of the legislature is
not required to receive any other additional authorization to use
a state-operated aircraft.
Explanation: The addition is necessary to address the
differences between the conferees on issues relating to the State
Aircraft Pooling Board.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 29, 2005, by
the following vote: Yeas 31,
Nays 0.
_______________________________
Secretary of the Senate