2007S0607-1 03/02/07
 
  By: Shapiro S.B. No. 1151
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the duties of the Texas Department of Transportation
and other agencies with regard to state highways, toll roads, and
the Trans-Texas Corridor.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 223.201, Transportation Code, is amended
by adding Subsection (h) to read as follows:
       (h)  The department shall make each comprehensive
development agreement, and any master development plan related to a
comprehensive development agreement, including financial plans,
available to the public in a timely manner.
       SECTION 2.  Subchapter A, Chapter 227, Transportation Code,
is amended by adding Section 227.005 to read as follows:
       Sec. 227.005.  DOCUMENTS AVAILABLE TO THE PUBLIC. The
department shall make available to the public in a timely manner:
             (1)  each document, plan, and contract related to the
Trans-Texas Corridor; and
             (2)  all updates to the master development plan for
Trans-Texas Corridor 35, including financial plans.
       SECTION 3.  The heading to Section 228.009, Transportation
Code, is amended to read as follows:
       Sec. 228.009.  AUDIT BY PUBLIC ACCOUNTANT.
       SECTION 4.  Subchapter A, Chapter 228, Transportation Code,
is amended by adding Sections 228.0091, 228.011, and 228.012 to
read as follows:
       Sec. 228.0091.  AUDIT BY STATE AUDITOR. The state auditor
shall perform an audit of each annual financial statement for a toll
road segment or combination of segments.
       Sec. 228.011.  REVIEW AND APPROVAL BY ATTORNEY GENERAL OF
CERTAIN AGREEMENTS. The department may not enter into a
comprehensive development agreement or other agreement to design,
build, operate, maintain, lease, or finance a segment of a toll road
until the agreement is reviewed and approved by the attorney
general if the agreement:
             (1)  has a term of more than four years; or
             (2)  provides for the expenditure of more than $250
million by the state or another entity.
       Sec. 228.012.  TOLL REVENUE PROJECTIONS. (a)  The
department may not enter into an agreement with a developer to
operate, lease, or finance a segment of a toll road until the
comptroller has projected the toll revenue for each geographic
region of the toll road segment.
       (b)  The comptroller shall, in a reasonable period:
             (1)  complete the projections performed under
Subsection (a); and
             (2)  provide copies of the projections to:
                   (A)  the department;
                   (B)  the Legislative Budget Board;
                   (C)  the governor; and
                   (D)  the state auditor.
       SECTION 5.  On the effective date of this Act:
             (1)  all powers, duties, functions, programs, and
activities of the Texas Department of Transportation related to
providing projections of toll revenue are transferred to the
comptroller of public accounts; and
             (2)  all funds provided to the Texas Department of
Transportation for purposes related to providing projections of
toll revenue are transferred to the comptroller of public accounts.
       SECTION 6.  This Act takes effect September 1, 2007.