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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of, procedures related to, and other |
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reform measures for the Texas Department of Transportation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. TOLL REVENUE PROJECTION. The Department of |
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Transportation may not make projections, using department |
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personnel, of revenue to be generated by a toll road project. Those |
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projections may be made only under an interagency contract between |
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the department and the comptroller of public accounts under which |
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the comptroller: |
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(1) makes the projections for the department; and |
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(2) projects the toll revenue for each geographic |
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region of a toll road segment before the department signs an |
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agreement with a developer to operate, lease, or finance that |
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segment. |
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SECTION 2. AUDIT OF TOLL ROAD FINANCIAL STATEMENT. The |
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state auditor shall audit each annual financial statement prepared |
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for a toll road segment or a combination of segments. |
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SECTION 3. COMPREHENSIVE DEVELOPMENT AGREEMENT APPROVAL. |
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The Department of Transportation may not enter a comprehensive |
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development agreement with a term of more than four years or |
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requiring a total expenditure of more than $250 million unless the |
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department submits the proposed agreement to the attorney general |
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and obtains the attorney general's approval of the contract. |
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SECTION 4. POLICIES AND PROCEDURES FOR MONITORING |
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COMPLIANCE WITH CONTRACT PROVISIONS. The Department of |
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Transportation may not make a payment on a project contract with a |
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private entity unless the department has developed and implemented |
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policies and procedures for monitoring the private entity to ensure |
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timely and complete compliance with contract provisions by the |
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private entity, including provisions requiring the entity to obtain |
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insurance. |
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SECTION 5. REPORT OF INDIRECT COSTS. In each cost report |
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submitted to the legislature by the Department of Transportation |
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that includes information related to a project that is part of the |
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Trans-Texas Corridor, the department shall either include indirect |
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costs associated with the project or indicate that indirect costs |
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are not addressed in the report. |
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SECTION 6. FINANCIAL FORECASTS FOR TOLLED SEGMENTS OF |
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TRANS-TEXAS CORRIDOR. The Department of Transportation may not |
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enter into a contract for the financing, design, construction, |
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maintenance, or operation of a tolled segment of the Trans-Texas |
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Corridor, unless the department has prepared a financial forecast |
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for that segment of the Trans-Texas Corridor that includes the |
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projected toll revenues, construction costs, operating expenses, |
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and amount of revenue reasonably anticipated to be received by a |
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private participant and provided a copy of the financial forecast |
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to the governor, each member of the legislature, and the |
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comptroller of public accounts. |
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SECTION 7. INFORMATION FROM CONTRACTING PARTIES. The |
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Department of Transportation shall require, in connection with a |
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contract entered into by the department, that the contracting party |
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provide the department with sufficiently detailed information, |
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including invoices, timesheets, and other information as to its |
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charges, so that the department can properly allocate its costs and |
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link direct charges to the correct project. |
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SECTION 8. INVOICE DOCUMENTATION. The Department of |
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Transportation shall create uniform requirements for vendor |
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invoice documentation and the associated processes of submission |
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and approval of the documents. The documentation should be of |
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sufficient detail to allow determination of the allocation of all |
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costs, including wages, and whether those costs are permitted. |
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SECTION 9. COSTS INCURRED IN CONNECTION WITH TRANS-TEXAS |
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CORRIDOR. In connection with the Trans-Texas Corridor 35 project, |
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the Department of Transportation shall account for the costs of the |
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project in a manner that: |
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(1) informs members of the public as to the costs |
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incurred by this state in the financing, design, construction, |
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maintenance, or operation of the project; and |
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(2) allows the public to judge whether those costs |
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were appropriate. |
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SECTION 10. POSTING OF COSTS RELATING TO THE TRANS-TEXAS |
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CORRIDOR ON INTERNET. The Department of Transportation shall post |
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on the department's Internet website, in a timely manner, the costs |
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incurred by the department in connection with the financing, |
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design, construction, maintenance, or operation of the Trans-Texas |
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Corridor. |
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SECTION 11. APPROVAL OF CREATION OF TRUST FUNDS BY THE |
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COMPTROLLER. The comptroller must approve the creation of any |
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trust fund outside the state treasury. The Department of |
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Transportation may not deposit bond proceeds for state highway toll |
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projects into a trust fund. |
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SECTION 12. EFFECTIVE DATE. This Act takes effect |
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September 1, 2007. |