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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain transportation entities to |
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enter into a comprehensive development agreement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 91.054(a), Transportation Code, is |
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amended to read as follows: |
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(a) To the extent and in the manner that the department may |
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enter into a comprehensive development agreement under Chapter 223, |
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the department may enter into a comprehensive development agreement |
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under this chapter that provides for the financing, design, |
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acquisition, construction, maintenance, or operation of a rail |
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facility or system. Except as otherwise provided by this |
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subsection, all [All] provisions of Chapter 223 relating to |
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comprehensive development agreements apply to comprehensive |
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development agreements for facilities under this chapter, |
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including provisions relating to the confidentiality of |
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information. Claims arising under a comprehensive development |
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agreement are subject to Section 201.112. A provision in Chapter |
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223 under which the department's authority to enter into a |
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comprehensive development agreement expires does not apply to a |
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comprehensive development agreement entered into under this |
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section. |
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SECTION 2. Section 223.201, Transportation Code, is amended |
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by amending Subsections (f) and (i) and adding Subsection (j) to |
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read as follows: |
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(f) Except as provided by Subsections (h), [and] (i), and |
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(j), the authority to enter into comprehensive development |
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agreements provided by this section expires on August 31, 2009. |
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(i) Except as provided by Subsection (j), the [The] |
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authority to enter into a comprehensive development agreement for a |
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project exempted from Subsection (f) or Section 223.210(b) expires |
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August 31, 2011. |
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(j) Subsections (f) and (i) do not apply to any of the |
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following projects, provided that the department enters into a |
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comprehensive development agreement for the project on or before |
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August 31, 2013: |
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(1) the IH 35E managed lanes project in Dallas and |
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Denton Counties from IH 635 to U.S. 380; |
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(2) the State Highway 183 managed lanes project in |
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Dallas County from State Highway 161 to State Highway 114 in Irving |
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and from State Highway 114 to IH 35E in the City of Dallas; |
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(3) the IH 30 managed lanes project from the Trinity |
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River to Baird Farm Road in Tarrant County; |
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(4) a project on the IH 69 corridor south of Refugio |
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County, including improvements to U.S. 77, or a toll project from |
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which the revenue is used to finance that corridor; |
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(5) the extension of State Highway 130 from Seguin to |
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San Antonio; and |
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(6) a project for which: |
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(A) a local toll project entity declines to |
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exercise its option or to perform another action necessary to |
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develop, construct, and operate the project under Section 228.0111; |
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and |
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(B) the governing body of the local toll project |
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entity requests the department to develop the project under a |
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comprehensive development agreement. |
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SECTION 3. Section 228.0111(s), Transportation Code, is |
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amended to read as follows: |
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(s) This section does not apply to: |
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(1) any project for which the department has issued a |
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request for qualifications or request for competing proposals and |
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qualifications before May 1, 2007, except for the State Highway 161 |
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project in Dallas County; |
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(2) the eastern extension of the President George Bush |
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Turnpike from State Highway 78 to IH 30 in Dallas County; |
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(3) the Phase 3 and 4 extensions of the Dallas North |
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Tollway in Collin and Denton Counties from State Highway 121 to the |
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Grayson County line, and the planned future extension into Grayson |
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County, regardless of which local toll project entity develops the |
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extension into Grayson County; |
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(4) the Lewisville Lake Bridge (and portions of FM 720 |
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widening projects) in Denton County; [or] |
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(5) the Southwest Parkway (State Highway 121) in |
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Tarrant County from Dirks Road/Altamesa Boulevard to IH 30; or |
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(6) a project described in Sections |
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223.201(j)(1)-(3). |
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SECTION 4. Sections 370.305(d) and (f), Transportation |
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Code, are amended to read as follows: |
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(d) Except as provided by Subsections (e) and (f), the |
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authority to enter into comprehensive development agreements under |
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this section expires on August 31, 2013 [2009]. |
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(f) The authority to enter into a comprehensive development |
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agreement for a project exempted from Subsection (d) or Section |
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223.210(b) expires August 31, 2015 [2011]. |
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SECTION 5. 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 on the 91st day after the last day of the |
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legislative session. |