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Amend CSHB 1892 by adding the following appropriately
numbered SECTION of the bill and renumbering subsequent SECTIONS
of the bill accordingly:
SECTION ____. Subchapter E, Chapter 223, Transportation
Code, is amended by adding Section 223.210 to read as follows:
Sec. 223.210. MORATORIUM ON CERTAIN TERMS IN COMPREHENSIVE
DEVELOPMENT AGREEMENTS OR SALE OF TOLL PROJECTS. (a) In this
section:
(1) "Toll project" means a toll project described by
Section 201.001(b), regardless of whether the toll project:
(A) is a part of the state highway system; or
(B) is subject to the jurisdiction of the
department.
(2) "Toll project entity" means a public entity
authorized by law to acquire, design, construct, finance, operate,
or maintain a toll project, including:
(A) the department;
(B) a regional tollway authority;
(C) a regional mobility authority; or
(D) a county.
(b) A comprehensive development agreement entered into with
a private participant by a toll project entity on or after the
effective date of this subsection for the acquisition, design,
construction, financing, operation, or maintenance of a toll
project may not contain a provision permitting the private
participant to operate the toll project or collect revenue from the
toll project, regardless of whether the private participant
operates the toll project or collects the revenue itself or engages
a subcontractor or other entity to operate the toll project or
collect the revenue.
(c) On or after the effective date of this subsection, a
toll project entity may not sell or enter into a contract to sell a
toll project of the entity to a private entity.
(d) A legislative study committee is created. The committee
is composed of nine members, appointed as follows:
(1) three members appointed by the lieutenant
governor;
(2) three members appointed by the speaker of the
house of representatives; and
(3) three members appointed by the governor.
(e) The legislative study committee shall select a
presiding officer from among its members and conduct public
hearings and study the public policy implications of including in a
comprehensive development agreement entered into by a toll project
entity with a private participant in connection with a toll project
a provision that permits the private participant to operate and
collect revenue from the toll project. In addition, the committee
shall examine the public policy implications of selling an existing
and operating toll project to a private entity.
(f) Not later than December 1, 2008, the legislative study
committee shall:
(1) prepare a written report summarizing:
(A) any hearings conducted by the committee;
(B) any legislation proposed by the committee;
(C) the committee's recommendations for
safeguards and protections of the public's interest when a contract
for the sale of a toll project to a private entity is entered into;
and
(D) any other findings or recommendations of the
committee; and
(2) deliver a copy of the report to the governor, the
lieutenant governor, and the speaker of the house of
representatives.
(g) On December 31, 2008, the legislative study committee
created under this section is abolished.
(h) This section expires September 1, 2009.