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A BILL TO BE ENTITLED
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AN ACT
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relating to classification of comprehensive development agreements |
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for certain transportation projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 223.201(a) and (b), Transportation |
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Code, are amended to read as follows: |
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(a) Subject to Section 223.202, the department may enter |
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into a comprehensive development agreement, including a concession |
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CDA and a design-build CDA, with a private entity to design, |
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develop, finance, construct, maintain, repair, operate, extend, or |
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expand a: |
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(1) toll project; |
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(2) facility or a combination of facilities on the |
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Trans-Texas Corridor; |
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(3) state highway improvement project that includes |
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both tolled and nontolled lanes and may include nontolled |
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appurtenant facilities; |
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(4) state highway improvement project in which the |
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private entity has an interest in the project; or |
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(5) state highway improvement project financed wholly |
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or partly with the proceeds of private activity bonds, as defined by |
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Section 141(a), Internal Revenue Code of 1986. |
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(b) In this subchapter: |
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(1) "Comprehensive[, "comprehensive] development |
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agreement" means an agreement that, at a minimum, provides for the |
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design and construction, rehabilitation, expansion, or improvement |
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of a project described by [in] Subsection (a) and may also provide |
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for the financing, acquisition, maintenance, or operation of a |
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project described by [in] Subsection (a). |
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(2) "Concession CDA" means a comprehensive |
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development agreement that includes the financing or operation of a |
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project described by Subsection (a). |
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(3) "Design-build CDA" means a comprehensive |
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development agreement that does not include the financing or |
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operation of a project described by Subsection (a). |
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SECTION 2. Sections 370.305(a) and (b), Transportation |
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Code, are amended to read as follows: |
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(a) An authority may use a comprehensive development |
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agreement, including a concession CDA and a design-build CDA, with |
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a private entity to construct, maintain, repair, operate, extend, |
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or expand a transportation project. |
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(b) A comprehensive development agreement is an agreement |
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with a private entity that, at a minimum, provides for the design |
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and construction of a transportation project and may also provide |
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for the financing, acquisition, maintenance, or operation of a |
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transportation project. A concession CDA is a comprehensive |
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development agreement that includes the financing or operation of a |
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transportation project. A design-build CDA is a comprehensive |
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development agreement that does not include the financing or |
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operation of a transportation project. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |