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A BILL TO BE ENTITLED
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AN ACT
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relating to the public and governmental oversight of the design, |
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financing, construction, and operation of the Trans-Texas Corridor |
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project. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 227, Transportation Code, |
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is amended by adding Sections 227.005, 227.006, 227.007, and |
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227.008 to read as follows: |
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Sec. 227.005. PUBLIC ACCESS TO INFORMATION. (a) The |
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department shall: |
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(1) seek to achieve transparency in the department's |
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functions related to the Trans-Texas Corridor by providing, to the |
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greatest extent possible under the public information law (Chapter |
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552, Government Code) and other statutes governing the access to |
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records, public access to information collected, assembled, or |
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maintained by the department relating to the Trans-Texas Corridor; |
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(2) make public in a timely manner all documents, |
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plans, and contracts related to the Trans-Texas Corridor; and |
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(3) make public in a timely manner all updates to the |
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master development plan for the Trans-Texas Corridor, including |
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financial plans. |
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(b) The department shall send electronic versions of all |
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updates to the master development plan for the Trans-Texas Corridor |
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to the Governor's Office of Budget and Planning, the Senate Finance |
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Committee, the House Appropriations Committee, the Legislative |
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Budget Board, the state auditor's office, and the comptroller in a |
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timely manner. |
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Sec. 227.006. POSTING INFORMATION RELATING TO TRANS-TEXAS |
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CORRIDOR ON DEPARTMENT'S WEBSITE. (a) The department 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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(b) Not later than the 10th day after the date the |
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department enters into a contract relating to the Trans-Texas |
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Corridor, the department shall post a copy of the contract on the |
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department's Internet website. |
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(c) The department shall post each financial forecast |
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prepared in connection with a segment of the Trans-Texas Corridor |
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on the department's Internet website and update that forecast at |
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least quarterly. |
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(d) The department shall require each person with whom the |
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department has entered into a construction contract under this |
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chapter to provide semiannual percentage of construction |
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completion reports to the department and post each report received |
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on the department's Internet website. |
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(e) Before the 10th day of each month, for each segment of |
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the Trans-Texas Corridor, the department shall post a report of the |
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department's expenditures in connection with that segment during |
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the preceding month that sets out the object of each expenditure. |
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Sec. 227.007. REVENUE PROJECTIONS. The department may not |
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use department personnel to make projections of the revenue to be |
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generated by a tolled segment of the Trans-Texas Corridor and shall |
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enter into an interagency contract with the comptroller of public |
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accounts under which 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 tolled segment before the department enters into an |
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agreement for the financing, design, construction, or operation of |
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that segment. |
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Sec. 227.008. AUDITS BY STATE AUDITOR. The state auditor |
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shall audit each annual financial statement prepared for a tolled |
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segment of the Trans-Texas Corridor or a combination of segments of |
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the Trans-Texas Corridor. |
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SECTION 2. Section 227.023, Transportation Code, is amended |
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by adding Subsection (c-1) to read as follows: |
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(c-1) The department 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 3. Section 227.083, Transportation Code, is amended |
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to read as follows: |
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Sec. 227.083. DISPOSITION OF FEES. (a) To the extent that |
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it is not dedicated to another purpose by the constitution, by |
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statute, or by contract, or deposited to a separate account under |
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this chapter, or subject to Subsection (b), revenue received by the |
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department under this chapter shall be deposited to the credit of |
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the state highway fund and may be used for any purpose authorized by |
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this chapter. Subchapter D, Chapter 316, Government Code, and |
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Section 403.095, Government Code, do not apply to revenue received |
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under this chapter. |
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(b) For purposes of this subsection, "surplus toll revenue" |
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includes any amount set aside as a reserve for the cost of |
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maintaining or operating a tolled segment or a combined segment of |
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the Trans-Texas Corridor or the cost of paying the principal of and |
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interest on the toll revenue bonds for the segment or combination. |
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Notwithstanding any other provision of this title, including |
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Section 228.053(b), the department shall deposit any surplus toll |
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revenue held or received by the department to the credit of the |
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state highway fund. |
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SECTION 4. 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. |