81S10001 JD/ACP/JTS/JAM/SLB-D
 
  By: Hegar S.B. No. 14
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the continuation of the Texas Department of
  Transportation and the functions of that department and of the
  Texas Department of Motor Vehicles; providing penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. GENERAL TRANSPORTATION COMMISSION AND TRANSPORTATION
  DEPARTMENT PROVISIONS
         SECTION 1.01.  Sections 201.051(f), (g), and (j),
  Transportation Code, are amended to read as follows:
         (f)  An officer, employee, or paid consultant of a Texas
  trade association in the field of road construction or maintenance,
  aviation, or outdoor advertising is not eligible for appointment as
  [or a Texas trade association of automobile dealers may not be] a
  member of the commission.
         (g)  The spouse of an officer, manager, or paid consultant of
  a Texas trade association in the field of road construction or
  maintenance, aviation, or outdoor advertising is not eligible for
  appointment as [or a Texas association of automobile dealers may
  not be] a member of the commission.
         (j)  In this section, "Texas trade association" means a
  [nonprofit,] cooperative[,] and voluntarily joined statewide
  association of business or professional competitors in this state
  designed to assist its members and its industry or profession in
  dealing with mutual business or professional problems and in
  promoting their common interest.
         SECTION 1.02.  (a) Section 201.052, Transportation Code, is
  amended to read as follows:
         Sec. 201.052.  TERMS.  Members of the commission serve
  two-year [staggered six-year] terms[, with the terms of either one
  or two members] expiring February 1 of each odd-numbered year.
         (b)  The terms of the members of the Texas Transportation
  Commission serving on January 31, 2010, expire February 1, 2011.
         (c)  Not later than January 31, 2011, the governor shall
  appoint the members of the Texas Transportation Commission in
  accordance with Section 201.052, Transportation Code, as amended by
  this section, to serve terms beginning February 1, 2011.
         SECTION 1.03.  Section 201.054, Transportation Code, is
  amended to read as follows:
         Sec. 201.054.  COMMISSION MEETINGS. (a) The commission
  shall hold regular meetings at least once a month and special
  meetings at the call of the chair. Commissioners shall attend the
  meetings of the commission. The chair shall oversee the
  preparation of an agenda for each meeting and ensure that a copy is
  provided to each commissioner at least seven days before the
  meeting.
         (b)  The commission shall make a sound and video recording of
  each regular and called meeting of the commission and of any
  workshop conducted by the commission. Not later than 24 hours after
  a meeting or workshop of the commission is adjourned, the
  department shall post the sound and video recording of the meeting
  or workshop on the department's Internet website.
         SECTION 1.04.  Subchapter C, Chapter 201, Transportation
  Code, is amended by adding Sections 201.118 and 201.119 to read as
  follows:
         Sec. 201.118.  TECHNOLOGICAL SOLUTIONS. The commission
  shall implement a policy requiring the department to use
  appropriate technological solutions to improve the department's
  ability to perform its functions. The policy must ensure that the
  public is able to interact with the department on the Internet.
         Sec. 201.119.  NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
  RESOLUTION PROCEDURES. (a) The commission shall develop and
  implement a policy to encourage the use of:
               (1)  negotiated rulemaking procedures under Chapter
  2008, Government Code, for the adoption of department rules; and
               (2)  appropriate alternative dispute resolution
  procedures under Chapter 2009, Government Code, to assist in the
  resolution of internal and external disputes under the department's
  jurisdiction.
         (b)  The department's procedures relating to alternative
  dispute resolution must conform, to the extent possible, to any
  model guidelines issued by the State Office of Administrative
  Hearings for the use of alternative dispute resolution by state
  agencies.
         (c)  The commission shall designate a trained person to:
               (1)  coordinate the implementation of the policy
  adopted under Subsection (a);
               (2)  serve as a resource for any training needed to
  implement the procedures for negotiated rulemaking or alternative
  dispute resolution; and
               (3)  collect data concerning the effectiveness of those
  procedures, as implemented by the department.
         SECTION 1.05.  Section 201.202, Transportation Code, is
  amended by amending Subsection (a) and adding Subsection (c) to
  read as follows:
         (a)  The commission shall organize the department into
  divisions to accomplish the department's functions and the duties
  assigned to it, including divisions for:
               (1)  aviation;
               (2)  highways and roads; [and]
               (3)  public transportation; and
               (4)  rail transportation.
         (c)  A person designated by the commission as the
  department's chief financial officer must report directly to the
  director.
         SECTION 1.06. Section 201.204, Transportation Code, is
  amended to read as follows:
         Sec. 201.204.  SUNSET PROVISION.  The Texas Department of
  Transportation is subject to Chapter 325, Government Code (Texas
  Sunset Act). Unless continued in existence as provided by that
  chapter, the department is abolished September 1, 2013 [2009].
         SECTION 1.07.  Subchapter D, Chapter 201, Transportation
  Code, is amended by adding Sections 201.210, 201.211, 201.212, and
  201.213 to read as follows:
         Sec. 201.210.  COMPLIANCE CERTIFICATION. (a) Not later
  than September 1 of each year, the director and the department's
  chief financial officer shall each certify in writing that the
  director or the officer, as applicable:
               (1)  is responsible for establishing and maintaining
  the department's internal controls;
               (2)  has evaluated the effectiveness of the
  department's internal controls;
               (3)  has presented conclusions about the effectiveness
  of the department's internal controls and applicable reporting
  requirements; and
               (4)  has effectively complied with all applicable
  legislative mandates.
         (b)  The director and the department's chief financial
  officer shall submit the certifications required by Subsection (a)
  to the governor, the lieutenant governor, the speaker of the house
  of representatives, the chair of the standing committee of each
  house of the legislature with primary jurisdiction over
  transportation matters, and the Transportation Legislative
  Oversight Committee created under Section 201.625.
         (c)  The Transportation Legislative Oversight Committee
  shall recommend to the 82nd Legislature appropriate penalties for
  failure to submit the certifications required by Subsection (a).
         Sec. 201.211.  ETHICS AFFIRMATION AND HOTLINE. (a) Each
  department employee shall annually affirm the employee's
  commitment to adhere to the ethics policy adopted under Section
  572.051(c), Government Code.
         (b)  The department shall establish and operate a telephone
  line to be known as the Ethics Hotline that enables a person to call
  the hotline number, anonymously or not anonymously, to report an
  alleged violation of the ethics policy adopted under Section
  572.051(c), Government Code.
         Sec. 201.212.  LEGISLATIVE APPROPRIATIONS REQUEST.
  Department staff shall deliver the department's legislative
  appropriations request to the commission in an open meeting not
  later than the 30th day before the commission adopts the
  legislative appropriations request for submission to the
  Legislative Budget Board.
         Sec. 201.213.  LEGISLATIVE LOBBYING. (a) In addition to
  Section 556.006, Government Code, a member of the commission, the
  director, or a department employee may not use money under the
  department's control or state resources to engage in an activity to
  influence the passage or defeat of legislation, except as provided
  by Subsection (c).
         (b)  Violation of Subsection (a) is grounds for dismissal of
  an employee who directs or carries out the violation.
         (c)  This section does not prohibit a member of the
  commission, the director, or a department employee from using state
  resources to:
               (1)  provide public information or information
  responsive to a request;
               (2)  communicate with officers and employees of the
  federal government in pursuit of federal appropriations; or
               (3)  influence the passage or defeat of federal
  legislation or regulation on an issue that the commission by order
  specifies and in accordance with any directions given in such an
  order.
         SECTION 1.08. Section 201.404(b), Transportation Code, is
  amended to read as follows:
         (b)  The director or the director's designee shall develop a
  system of annual performance evaluations that are based on
  documented employee performance. All merit pay for department
  employees must be based on the system established under this
  subsection. If an annual performance evaluation indicates that an
  employee's performance is unsatisfactory, the director or the
  person designated by the director shall consider whether the
  employee should be terminated. The annual performance evaluations
  developed under this subsection must include the evaluation of an
  employee's:
               (1)  professionalism;
               (2)  diligence; and
               (3)  responsiveness to directives and requests from the
  commission and the legislature.
         SECTION 1.09.  Subchapter H, Chapter 201, Transportation
  Code, is amended by adding Section 201.625 to read as follows:
         Sec. 201.625.  TRANSPORTATION LEGISLATIVE OVERSIGHT
  COMMITTEE. (a) In this section, "committee" means the
  Transportation Legislative Oversight Committee.
         (b)  The committee is composed of the following members:
               (1)  the chair of the Senate Committee on
  Transportation and Homeland Security and two members of that
  committee appointed by the lieutenant governor;
               (2)  the chair of the House Committee on Transportation
  and two members of that committee appointed by the speaker of the
  house of representatives;
               (3)  the chair of the Senate Committee on Finance; and
               (4)  the chair of the House Committee on
  Appropriations.
         (c)  The chair of the Senate Committee on Transportation and
  Homeland Security and the chair of the House Committee on
  Transportation serve as the presiding officer of the committee on
  an alternating basis, with the chair of the Senate Committee on
  Transportation and Homeland Security serving as the first chair of
  the committee. The presiding officer of the committee serves a
  two-year term that expires February 1 of each odd-numbered year.
         (d)  The committee has all other powers and duties provided
  to a special committee by:
               (1)  Subchapter B, Chapter 301, Government Code;
               (2)  the rules of the senate and the house of
  representatives; and
               (3)  policies of the senate and house committees on
  administration.
         (e)  The committee shall meet at least quarterly and at the
  call of the presiding officer.
         (f)  The committee shall monitor the following:
               (1)  implementation of the changes in law made as a
  result of the sunset review process;
               (2)  the progress made in transference of powers,
  duties, and property from the Texas Department of Transportation to
  the Texas Department of Motor Vehicles;
               (3)  any proposed changes in the organization or
  structure of the department;
               (4)  significant transportation policy initiatives at
  both the state and federal levels;
               (5)  major projects of the department;
               (6)  the financial issues facing the department,
  including the amounts and usage of dedicated and non-dedicated
  state highway funds, the impacts of various bond programs, the
  short-term and long-term cash forecast of the department, possible
  revenue sources for the rail relocation and improvement fund, and
  additional revenue sources for the Texas Mobility Fund; and
               (7)  reports on any subject requested by the committee
  or determined by the department to be beneficial to the committee.
         (g)  The committee shall require the department to provide
  reports to the committee as necessary to effectively perform the
  committee's duties under Subsection (f).
         (h)  When the department files a quarterly financial
  statement required by Section 201.107(a) with the governor, the
  department shall provide a copy of that statement to the committee.
         (i)  Notwithstanding any other provision of this chapter,
  the committee may not recommend specific projects or recommend
  funding for specific projects at the department.
         (j)  The department shall enter into an interagency
  agreement with the legislature, a chamber of the legislature, or a
  legislative agency to provide funding to support the operation of
  the committee from available amounts appropriated to the
  department. The amount provided by the department for a state
  fiscal biennium may not exceed $1 million.
         (k)  The department shall consult with the committee on any
  outside management and organizational review of the department.
         (l)  This section expires August 31, 2013.
         SECTION 1.10.  Subchapter A, Chapter 222, Transportation
  Code, is amended by adding Section 222.004 to read as follows:
         Sec. 222.004.  AUTHORIZATION TO PROVIDE ASSISTANCE TO
  EXPEDITE ENVIRONMENTAL REVIEW. (a) The department, a county, a
  regional tollway authority operating under Chapter 366, or a
  regional mobility authority operating under Chapter 370 may enter
  into an agreement to provide funds to a state or federal agency to
  expedite the agency's performance of its duties related to the
  environmental review process for transportation projects:
               (1)  of the department;
               (2)  listed in a metropolitan planning organization's
  long-range transportation plan under 23 U.S.C. Section 134; or
               (3)  of a county, a regional tollway authority
  operating under Chapter 366, or a regional mobility authority
  operating under Chapter 370.
         (b)  Except as provided by Subsection (c), an agreement
  entered into under this section:
               (1)  may specify transportation projects the
  applicable entity considers to be priorities for review; and
               (2)  must require the agency receiving money to
  complete the environmental review in less time than is customary
  for the completion of environmental review by that agency.
         (c)  The department may enter into a separate agreement for a
  transportation project that the department determines has regional
  importance.
         (d)  An agreement entered into under this section does not
  diminish or modify the rights of the public regarding review and
  comment on transportation projects.
         (e)  An entity entering into an agreement under this section
  shall make the agreement available on the entity's Internet
  website.
         SECTION 1.11.  (a) Section 228.004, Transportation Code, is
  amended to read as follows:
         Sec. 228.004.  [PROMOTION OF] TOLL PROJECT INFORMATION.
  (a)  The department may, notwithstanding Chapter 2113, Government
  Code, engage in marketing, advertising, and other activities to
  provide information relating to the status of pending or ongoing
  [promote the development and use of] toll projects, including
  information concerning the methods of paying and collecting tolls,
  and may enter into contracts or agreements necessary to procure
  marketing, advertising, or informational [other promotional]
  services from outside service providers.
         (b)  This section does not authorize the department to engage
  in marketing, advertising, or other activities for the purpose of
  influencing public opinion about the use of toll roads or the use of
  tolls as a financial mechanism.
         (b)  The change in law made by Subsection (a) of this section
  applies only to a contract or agreement entered into or renewed
  under Section 228.004, Transportation Code, on or after the
  effective date of this Act. A contract or agreement entered into or
  renewed under Section 228.004, Transportation Code, before the
  effective date of this Act is governed by the law in effect
  immediately before the effective date of this Act, and that law is
  continued in effect for that purpose.
  ARTICLE 2. TRANSPORTATION PLANNING
         SECTION 2.01.  Section 201.001(a), Transportation Code, is
  amended by adding Subdivision (4) to read as follows:
               (4)  "Metropolitan planning organization" has the
  meaning assigned by Section 472.031.
         SECTION 2.02.  Section 201.601, Transportation Code, is
  amended to read as follows:
         Sec. 201.601.  STATEWIDE TRANSPORTATION PLAN. (a) The
  department shall develop a statewide transportation plan covering a
  period of not less than 25 years that contains all modes of
  transportation, including:
               (1)  highways and turnpikes;
               (2)  aviation;
               (3)  mass transportation;
               (4)  railroads and high-speed railroads; and
               (5)  water traffic.
         (a-1)  The plan must:
               (1)  contain specific, long-term transportation goals
  for the state and measurable targets for each goal, including
  reducing congestion throughout the state;
               (2)  identify priority corridors, projects, or areas of
  the state that are of particular concern to the department in
  meeting the goals established under Subdivision (1); and
               (3)  contain a participation plan for obtaining input
  on the goals and priorities identified under this subsection from:
                     (A)  other state agencies;
                     (B)  political subdivisions;
                     (C)  planning organizations as defined in Section
  201.981(2); and
                     (D)  members of the general public.
         (b)  [In developing the plan, the department shall seek
  opinions and assistance from other state agencies and political
  subdivisions that have responsibility for the modes of
  transportation listed by Subsection (a).] As appropriate, the
  department and one or more of the entities listed in Subsection
  (a-1)(3) [such an agency or political subdivision] shall enter into
  a memorandum of understanding relating to the planning of
  transportation services.
         (c)  The plan must include a component that is not
  financially constrained and identifies transportation improvements
  designed to relieve congestion. In developing this component of
  the plan, the department shall seek opinions and assistance from
  officials who have local responsibility for modes of transportation
  listed in Subsection (a).
         (d)  If there is a conflict between obligations and
  requirements imposed in federal law governing the transportation
  planning, project development, and programming process for the
  department and planning organizations as defined in Section
  201.981(2), and those imposed in this title, federal law controls
  and the commission may take any action that is necessary in its
  reasonable judgment to comply with any federal law to enable this
  state to receive federal aid funds.
         (e)  The department shall update the plan every five years or
  more frequently as necessary. [The plan shall include a component,
  published annually, that describes the evaluation of
  transportation improvements based on performance measures, such as
  indices measuring delay reductions or travel time improvements.
  The department shall consider the performance measures in selecting
  transportation improvements.]
         SECTION 2.03.  Subchapter H, Chapter 201, Transportation
  Code, is amended by adding Sections 201.6014, 201.6015, 201.622,
  201.623, and 201.624 to read as follows:
         Sec. 201.6014.  INTEGRATION OF PLANS AND POLICY EFFORTS. In
  developing each of its transportation plans and policy efforts, the
  department must clearly reference the plan developed under Section
  201.601 and specify how the plan or policy effort supports or
  otherwise relates to the specific goals contained in that plan.
         Sec. 201.6015.  DELEGATION OF DUTIES OR POWERS TO
  METROPOLITAN PLANNING ORGANIZATION. A metropolitan planning
  organization may agree to accept additional responsibilities
  delegated by the commission concerning transportation planning and
  project selection.
         Sec. 201.622.  METROPOLITAN TRANSPORTATION PLAN. (a) A
  metropolitan planning organization shall prepare and periodically
  update a long-range transportation plan for its service area as
  required by federal law.  The long-range transportation plan must:
               (1)  address at least a 20-year period;
               (2)  include both long-range and short-range
  strategies; and
               (3)  comply with all other state and federal
  requirements.
         (b)  The first 10 years of the long-range plan must be
  identical to the plan developed under Section 201.985.
         (c)  Before approving a long-range transportation plan, a
  metropolitan planning organization shall provide to residents in
  its boundaries, affected public agencies, and other interested
  parties a reasonable opportunity to comment on the long-range
  transportation plan.
         (d)  A metropolitan planning organization shall make each of
  its long-range transportation plans readily available for public
  review and shall deliver each plan to the commission at the times
  and in the manner and format established by the commission. The
  format of the plan must be in plain English and easily reviewable
  and understandable. The metropolitan planning organization shall
  update the plan every year or more frequently as necessary.
         Sec. 201.623.  COOPERATION WITH METROPOLITAN PLANNING
  ORGANIZATIONS TO DEVELOP LONG-TERM PLANNING ASSUMPTIONS. The
  department and metropolitan planning organizations shall cooperate
  to develop mutually acceptable assumptions for the purposes of
  long-range federal and state funding forecasts that are consistent
  with the criteria established by the commission under Section
  201.994 and use those criteria to guide long-range planning.
         Sec. 201.624.  RECOMMENDATIONS FROM RURAL PLANNING
  ORGANIZATION. A rural planning organization may make
  recommendations to the commission concerning the selection of
  transportation projects, systems, or programs to be undertaken in
  the boundaries of the rural planning organization.
         SECTION 2.04.  (a) Subchapter J, Chapter 201,
  Transportation Code, is amended by adding Sections 201.8005,
  201.807, 201.808, 201.809, 201.810, and 201.811 to read as follows:
         Sec. 201.8005.  DEFINITION. In this subchapter,
  "transportation project" has the meaning assigned by Section
  201.981.
         Sec. 201.807.  TRANSPORTATION PROJECT AND PERFORMANCE
  REPORTING SYSTEM. (a) The department shall establish a project and
  performance reporting system that makes available in a central
  location on the department's Internet website information
  regarding all of the department's transportation projects
  contained in the unified transportation program required by Section
  201.983 or under construction. The information must be easily
  accessible, understandable, and searchable. The project and
  performance reporting system must contain:
               (1)  information about each of the department's
  transportation projects included in the unified transportation
  program, including:
                     (A)  the status of the project;
                     (B)  each source of funding for the project;
                     (C)  benchmarks for evaluating the progress of the
  project;
                     (D)  timelines for completing the project;
                     (E)  a list of the department employees
  responsible for the project, including information as to how each
  person on that list may be contacted; and
                     (F)  the results of the annual review required by
  Subsection (d);
               (2)  a representational color-coded map showing the
  location of the transportation projects and containing the
  information described by Subdivision (1);
               (3)  each construction work zone for a transportation
  project under construction that has a total construction timeline
  that exceeds six months or the cost of which exceeds $5 million,
  including information about:
                     (A)  the number of lanes that will remain open
  during the project's construction phase;
                     (B)  the location and duration of each lane
  closure; and
                     (C)  the expected traffic delay resulting from
  each lane closure;
               (4)  road maintenance transportation projects that are
  planned or under construction, including the condition of each road
  before the road maintenance transportation project; and
               (5)  each fund source for the department's funds and all
  expenditures made by the department, for each of the department's
  transportation projects, reported by:
                     (A)  department district;
                     (B)  program funding category as required by
  Section 201.983(b)(2); and
                     (C)  type of revenue, including revenue from a
  comprehensive development agreement or a toll project.
         (b)  In developing the transportation project and
  performance reporting system, the department shall collaborate
  with:
               (1)  the Transportation Legislative Oversight
  Committee;
               (2)  local transportation entities as defined by
  Section 201.981; and
               (3)  members of the general public.
         (c)  The department shall make the statistical information
  provided under this section available on the department's Internet
  website in more than one downloadable electronic format.
         (d)  As a component of the transportation project and
  performance reporting system required by this section, the
  department shall conduct an annual review of the benchmarks and
  timelines of each transportation project included in the
  department's project development program, to determine the
  completion rates of the projects and whether the projects were
  completed on time.
         (e)  The department shall update the information contained
  in the transportation project and performance reporting system at
  least quarterly and the representational map at least annually.
         Sec. 201.808.  TRANSPORTATION PROJECT AND PERFORMANCE
  REPORTS. (a) The department shall develop a process to identify
  and distinguish between the transportation projects that are
  required to maintain the state infrastructure and the
  transportation projects that would improve the state
  infrastructure in a manner consistent with the statewide
  transportation plan required by Section 201.601.
         (b)  The department shall include in the transportation
  project and performance reporting system:
               (1)  a list of the most significant transportation
  problems in each department district as described by the statewide
  transportation plan developed under Section 201.601, including the
  component required by Section 201.601(c);
               (2)  reports prepared by the department or an
  institution of higher education that evaluate the effectiveness of
  the department's expenditures on transportation projects to
  achieve the transportation goals;
               (3)  information about the condition of the pavement
  for each segment of the state highway system, including:
                     (A)  the international roughness index issued by
  the United States Department of Transportation Federal Highway
  Administration; and
                     (B)  the percentage of pavement that the
  department determines to be in good or better condition;
               (4)  the condition of bridges, including information
  about:
                     (A)  the number of on-system and off-system
  bridges that are structurally deficient or functionally obsolete;
  and
                     (B)  the percentage of bridges that the department
  determines to be in good or better condition;
               (5)  information about traffic congestion and traffic
  delays, including:
                     (A)  the locations of the worst metropolitan
  traffic delays;
                     (B)  the variable travel time for major freeways
  and highways in the metropolitan areas of this state; and
                     (C)  the effect of traffic congestion on motor
  vehicle travel and motor carriers; and
               (6)  information about the number of traffic accidents,
  injuries, and fatalities, including the geographic locations in
  each department district for the highest number of traffic
  accidents, injuries, or fatalities.
         (c)  The department shall provide the information made
  available under Subsection (b) in a format that allows a person to
  conduct electronic searches for information about a specific
  county, a highway under the jurisdiction of the department, or a
  type of road.
         (d)  Each department district shall enter information into
  the transportation project and performance reporting system,
  including information about each district transportation project.
         (e)  The transportation project and performance reporting
  system established under this section must include:
               (1)  information relating to each source of the
  department's funds, including the identification of revenue from
  each comprehensive development agreement or toll project; and
               (2)  information relating to all expenditures of the
  department by type of expenditure, as described in the
  comptroller's statewide accounting system, and reported for all
  applicable organizational groups and categories, including:
                     (A)  the entire department;
                     (B)  each department division;
                     (C)  each department district; and
                     (D)  each program funding category for project
  expenses.
         Sec. 201.809.  STATEWIDE TRANSPORTATION REPORT. (a) The
  department annually shall evaluate and publish a report about the
  status of each transportation goal for this state. The report must
  include:
               (1)  information about the progress of each long-term
  transportation goal that is identified by the statewide
  transportation plan;
               (2)  the status of each project;
               (3)  a summary of the number of statewide project
  implementation benchmarks that have been completed; and
               (4)  information about the accuracy of previous
  department financial forecasts.
         (b)  The department shall disaggregate the project
  information in the report by department district.
         (c)  The department shall make available a copy of the
  reports for department districts in a legislative district to each
  member of the legislature, and at the request of a member, a senior
  management employee shall meet with the member to explain the
  report.
         (d)  The department shall provide a copy of each district
  report to the political subdivisions located in the department
  district that is the subject of the report, including:
               (1)  a municipality;
               (2)  a county; and
               (3)  a local transportation entity as defined by
  Section 201.981.
         (e)  The department shall provide a copy of the complete
  report to the lieutenant governor, the speaker of the house of
  representatives, and the chair of the standing committee of each
  house of the legislature with primary jurisdiction over
  transportation issues.
         Sec. 201.810.  SEPARATE SUBACCOUNT REPORTING. (a) The
  department shall develop an account information reporting system
  that makes available on the department's Internet website for
  viewing and downloading by interested persons the tracking of each
  separate subaccount in the state highway fund required by law,
  including Chapter 228. The account information must include:
               (1)  the source and amount of the deposited funds and
  the date of deposit;
               (2)  identification by location and highway
  designation of the projects or systems to which the funds are
  allocated; and
               (3)  the amount, general type or purpose, and date of
  expenditures from the account.
         (b)  The department shall update the account information
  reporting system at least quarterly.
         Sec. 201.811.  DEPARTMENT INFORMATION CONSOLIDATION. (a)
  To the extent practicable and to avoid duplication of reporting
  requirements, the department may combine the reports required under
  this subchapter with reports required under other provisions of
  this code.
         (b)  The department shall develop a central location on the
  department's Internet website that provides easily accessible and
  searchable information to the public contained in the reports
  required under this subchapter and other provisions of this code.
         (b)  Not later than December 1, 2009, the Texas Department of
  Transportation shall establish the central location on the
  department's Internet website required by Section 201.807,
  Transportation Code, as added by this section.
         SECTION 2.05.  Chapter 201, Transportation Code, is amended
  by adding Subchapter P to read as follows:
  SUBCHAPTER P. UNIFIED TRANSPORTATION PROGRAM
         Sec. 201.981.  DEFINITIONS. In this subchapter:
               (1)  "Local transportation entity" means an entity that
  participates in the transportation planning process. The term
  includes:
                     (A)  a metropolitan planning organization;
                     (B)  a rural planning organization;
                     (C)  a regional tollway authority organized under
  Chapter 366;
                     (D)  a regional transportation authority
  operating under Chapter 452;
                     (E)  a rural transit district as defined by
  Section 458.001;
                     (F)  a coordinated county transportation
  authority operating under Chapter 460;
                     (G)  a regional mobility authority operating
  under Chapter 370; and
                     (H)  a county, including a county operating under
  Chapter 284.
               (2)  "Planning organization" means:
                     (A)  a metropolitan planning organization;
                     (B)  a rural planning organization; or
                     (C)  for an area that is not in the boundaries of a
  metropolitan planning organization or a rural planning
  organization, the department district.
               (3)  "Transportation official" means an official in a
  state agency or political subdivision who has responsibility for
  any of the following modes of transportation:
                     (A)  aviation;
                     (B)  high-speed rail;
                     (C)  highways;
                     (D)  toll roads;
                     (E)  mass transportation;
                     (F)  railroads; and
                     (G)  water traffic.
               (4)  "Transportation project" means the planning,
  right-of-way acquisition, expansion, improvement, addition, or
  contract maintenance, other than the routine or contracted routine
  maintenance, of:
                     (A)  a bridge;
                     (B)  a highway;
                     (C)  a toll road or toll road system;
                     (D)  a railroad;
                     (E)  an enhancement of a roadway that increases
  the safety of the traveling public;
                     (F)  an air quality improvement initiative; or
                     (G)  a transportation enhancement activity under
  23 U.S.C. Section 133.
         Sec. 201.982.  PURPOSE. It is in the interest of this state
  to:
               (1)  encourage and promote the safe and efficient
  management, operation, and development of surface transportation
  systems that will serve the mobility needs of people and freight and
  foster economic growth and development in rural and urbanized areas
  of this state, while minimizing transportation-related fuel
  consumption and air pollution through metropolitan, rural, and
  statewide transportation planning processes identified in this
  chapter; and
               (2)  encourage the continued improvement and evolution
  of the metropolitan, rural, and statewide transportation planning
  processes by planning organizations and public transit operators as
  guided by the planning factors identified in state and federal law.
         Sec. 201.983.  UNIFIED TRANSPORTATION PROGRAM. (a) The
  department shall develop a unified transportation program that
  covers a period of 10 years to guide the development of and
  authorize construction of transportation projects. The program
  must:
               (1)  estimate funding levels for each year; and
               (2)  list all projects and programs that the department
  intends to develop or begin construction of during the program
  period.
         (b)  The commission by rule shall:
               (1)  specify the criteria for selecting projects to be
  included in the program as provided in Section 201.994;
               (2)  define program funding categories, including
  categories for safety, bridge, maintenance, and mobility; and
               (3)  define each phase of a major transportation
  project, including the planning, design, and construction phases.
         (c)  The department shall publish the entire unified
  transportation program and summary documents highlighting project
  benchmarks, priorities, and forecasts in appropriate media and on
  the department's Internet website.
         (d)  In developing the rules required by this section, the
  commission shall cooperate with local transportation entities.
         Sec. 201.984.  ANNUAL UPDATE TO UNIFIED TRANSPORTATION
  PROGRAM. (a) The department shall annually update the unified
  transportation program.
         (b)  The department shall collaborate with local
  transportation entities to develop each annual update to the
  unified transportation program.
         Sec. 201.985.  PLANNING ORGANIZATION 10-YEAR PLAN. (a)
  Each planning organization shall develop a 10-year transportation
  plan that is consistent with the criteria and definitions adopted
  by the commission under Section 201.983.
         (b)  The first four years of the plan shall be developed so as
  to comply with the transportation improvement plan requirements of
  federal law.
         (c)  In developing the statewide transportation improvement
  plan in accordance with federal law, the department shall:
               (1)  compile the metropolitan planning organizations'
  project selections; and
               (2)  collaborate with the rural planning
  organizations.
         (d)  The department shall develop the statewide
  transportation improvement plan in accordance with federal law.
         Sec. 201.986.  PROJECT PRIORITIZATION BY PLANNING
  ORGANIZATIONS.  (a)  Each metropolitan planning organization shall,
  for the area in its boundaries, develop a prioritized list of
  transportation projects that is consistent with the criteria
  established by the commission under Section 201.994. Projects that
  are not considered by the department and the planning organization
  to be of an appropriate scale for individual identification in a
  given program year may be grouped by function, geographic area, or
  work type.
         (b)  For an area not located in the boundaries of a planning
  organization, the applicable department district shall:
               (1)  develop a prioritized list of transportation
  projects with input from municipal and county officials and
  officials of local transportation entities; and
               (2)  submit the transportation projects to the
  commission for final approval.
         Sec. 201.987.  CASH FLOW FORECAST. (a) On September 1 of
  each odd-numbered year, the department's chief financial officer
  shall issue a cash flow forecast for each method and category of
  funding that covers a period of not less than the 10 years following
  the date the forecast is issued.
         (b)  The forecast must identify all sources of funding
  available for transportation projects, including bond proceeds.
         (c)  The first two years of the forecast must be based on the
  appropriation of funds in the General Appropriations Act for the
  department for that biennium.
         (d)  The department shall update the forecast more
  frequently as needed if significant changes in the department's
  funding occur.
         Sec. 201.988.  ALLOCATION OF ESTIMATED FUNDING.  (a)  The
  commission shall use the cash flow forecast under Section 201.987
  to allocate funding to the planning organizations in accordance
  with Section 201.995.
         (b)  In this subchapter, unless the context clearly
  indicates otherwise, "funds" or "funding" means the estimates of
  federal and state money reasonably expected to be available for
  expenditure on transportation projects during the relevant period.
         Sec. 201.989.  PROCESS FOR DEVELOPING PLANS AND PROGRAMS.  
  The process for developing the plans and programs under this
  subchapter must:
               (1)  provide for consideration of all modes of
  transportation;
               (2)  be continuing, cooperative, and comprehensive to
  the extent appropriate, based on the complexity of the
  transportation problems to be addressed; and
               (3)  give consideration to statewide connectivity of
  transportation services and infrastructure.
         Sec. 201.990.  PARTICIPATION IN PLAN DEVELOPMENT.  (a)  In
  developing a plan under this subchapter, a planning organization
  shall seek the opinions and assistance of the appropriate
  transportation officials.
         (b)  As appropriate, the department and a metropolitan
  planning organization may enter into a memorandum of understanding
  relating to the planning of transportation services.
         (c)  The department shall review the plans of each planning
  organization to ensure compliance with the requirements of 23
  U.S.C. Section 135, and provide assistance to a planning
  organization to correct deficiencies.
         Sec. 201.991.  PLANS TO BE FINANCIALLY CONSTRAINED.  A plan
  under this subchapter must be financially constrained and identify
  transportation projects and projects for any other mode of
  transportation not included in Section 201.981(4).
         Sec. 201.992.  PLAN ADJUSTMENTS. The commission shall adopt
  rules to allow a planning organization to move projects forward or
  delay projects if there are additional or less funds available than
  identified in the cash flow forecast under Section 201.987.
  Adjustments to the plan may not be made more than semiannually,
  unless there are substantial increases or decreases in available
  funding.
         Sec. 201.993.  EVALUATION COMPONENT OF PLAN.  A plan under
  this subchapter must include a component, published annually, that
  describes the evaluation of transportation improvements based on
  performance measures, such as indices that measure delay reductions
  or travel time improvements. The planning organization shall
  consider the performance measures in selecting transportation
  improvements.
         Sec. 201.994.  PROJECT SELECTION. (a) The commission by
  rule shall establish criteria for selection by the department and
  each planning organization of projects to be included in the
  statewide transportation plan. The criteria must be based on the
  commission's transportation goals for the state and measurable
  targets for each goal.
         (b)  The department shall collaborate with planning
  organizations in the development of the criteria for selection of
  projects.
         (c)  The commission shall determine and approve the final
  selection of projects to be included in the statewide
  transportation plan.
         (d)  The commission shall consider the prioritized list of
  transportation projects developed by metropolitan planning
  organizations operating in areas that are transportation
  management areas, as defined by 23 U.S.C. Section 134(k), for
  projects funded as congestion mitigation and air quality
  improvement projects, and metropolitan mobility or rehabilitation
  projects, unless the commission determines that a particular
  project's inclusion on or omission from the project list conflicts
  with or is inconsistent with federal law or a rule adopted under
  Subsection (a).
         (e)  The statewide transportation program and budget must
  include:
               (1)  the official cash flow forecast under Section
  201.987; and
               (2)  each region's estimated allocation of funds.
         Sec. 201.995.  TRANSPORTATION ALLOCATION FUNDING FORMULA.
  (a) The commission shall adopt rules that create funding formulas
  for transportation projects. In developing the formulas, the
  commission shall consider the input of planning organizations,
  transportation officials, and county and municipal officials.
         (b)  The commission shall allocate to metropolitan planning
  organizations operating in areas that are transportation
  management areas, as defined by 23 U.S.C. Section 134(k), the
  following categories of funds:
               (1)  metropolitan area corridor projects;
               (2)  metropolitan mobility and rehabilitation
  projects;
               (3)  congestion mitigation and air quality improvement
  projects in non-attainment areas; and
               (4)  a percentage of transportation enhancements
  project funding as determined by formula for projects recommended
  by the metropolitan planning organizations under rules adopted by
  the commission.
         (c)  The commission shall allocate to metropolitan planning
  organizations that are not transportation management areas, as
  defined by 23 U.S.C. Section 134(k), the following categories of
  funds:
               (1)  urban area corridor projects; and
               (2)  a percentage of transportation enhancements
  project funding as determined by formula for projects recommended
  by the metropolitan planning organizations under rules adopted by
  the commission.
         (d)  The funds allocated under Subsections (b) and (c) shall
  be allocated by a formula to each metropolitan planning
  organization that takes into consideration performance measures
  and includes at least the following criteria:
               (1)  lane miles;
               (2)  level of congestion;
               (3)  percentage of population below federal poverty
  level;
               (4)  census population;
               (5)  safety;
               (6)  total vehicle miles traveled; and
               (7)  truck vehicle miles traveled.
         (e)  The commission shall provide funding estimates to the
  planning organizations for the project costs of all transportation
  projects. The commission shall adopt appropriate formulas for the
  different types of transportation projects, including funding for
  statewide connectivity projects. The commission shall adopt rules
  for all transportation formulas.
         Sec. 201.996.  LIMITATION ON COMMISSION ALLOCATION OF FUNDS.
  (a) The commission or the department may not require that a toll
  project be included in a regional transportation plan as a
  condition for the allocation of funds for the construction of
  projects in the region.
         (b)  The commission or the department may not:
               (1)  revise the formula as provided in the department's
  project development program, or its successor document, in a manner
  that results in a decrease of a department district's allocation
  because of:
                     (A)  the failure of a region to include toll
  projects in a regional transportation plan; or
                     (B)  participation by a political subdivision in
  the funding of a transportation project in the region, including
  the use of money collected in a transportation reinvestment zone
  under Section 222.106 or 222.107; or
               (2)  take any other action that would reduce funding
  allocated to a department district because of the failure of a
  region to include toll projects in a regional transportation plan.
         Sec. 201.997.  ORGANIZATION OF STATEWIDE TRANSPORTATION
  PROGRAM AND BUDGET.  (a)  The statewide transportation program and
  budget shall be organized first by region, then by mode of
  transportation, followed by the year of the project.
         (b)  The summary tables of the statewide transportation
  program and budget shall summarize the statewide project cost by
  mode and then by year and shall be made available online in
  accordance with Section 201.807.
         Sec. 201.998.  USE OF ALLOCATED FUNDS.  The funds allocated
  to a planning organization under Section 201.988 may be used to:
               (1)  pay project costs, provide toll equity, or make
  payments under a pass-through toll agreement, for transportation
  projects selected by the planning organization;
               (2)  pay debt service; or
               (3)  fund a planning organization's operations under
  Section 201.999.
         Sec. 201.999.  USE OF ALLOCATED FUNDS FOR OPERATING COSTS OF
  PLANNING ORGANIZATION. (a)  A metropolitan planning organization
  operating in a transportation management area as defined by 23
  U.S.C. Section 134(k) may use the allocated funds to pay for the
  operations costs of the planning organization.
         (b)  A metropolitan planning organization operating in an
  area that is not a transportation management area may use the
  allocated funds to pay for the operations costs of the planning
  organization.
         Sec. 201.1000.  SURPLUS REVENUE AND CONTRACT PAYMENTS NOT
  ALLOCATED BY FORMULA.  (a)  Revenue from Sections 228.005,
  228.0055, and 228.006 shall be allocated in accordance with
  Subchapter A, Chapter 228.
         (b)  Funds associated with toll projects under Chapter 228
  are not considered revenue allocated by a formula under Section
  201.995.
         Sec. 201.1001.  ENCUMBRANCE OF ALLOCATED FUNDS.  (a)  The
  allocation of funds shall be encumbered in an amount equal to the
  engineer's estimate of the project cost and reduced by the actual
  project cost at the time payments associated with the project are
  paid.
         (b)  If a planning organization elects to use bond proceeds
  to advance a project, the allocation of funds shall be encumbered by
  the annual cost of debt service and reduced when debt service
  payments are paid.
         Sec. 201.1002.  STATEWIDE CONNECTIVITY PLAN AND PROJECTS.
  (a) The department shall work with planning organizations to
  develop a statewide connectivity plan.
         (b)  The department by rule shall:
               (1)  establish criteria for designating a project as a
  statewide connectivity project; and
               (2)  develop benchmarks for evaluating the progress of
  a statewide connectivity project and timelines for implementation
  and construction of a statewide connectivity project.
         (c)  The department annually shall update the list of
  projects that are designated as statewide connectivity projects.
         (d)  The commission shall adopt the statewide connectivity
  plan.
         Sec. 201.1003.  DEPARTMENT FOUR-YEAR BUSINESS WORK PLAN.
  (a)  Each department district shall develop a consistently
  formatted work plan for the following four years that is based on
  the project development program and contains all projects and
  project categories that the district intends to implement during
  that period. Not later than August 31 of each odd-numbered year, the
  department shall finalize a project plan for the period that begins
  on September 1 of that year and ends on August 31 of the following
  odd-numbered year.
         (b)  The work plan must contain for each project and project
  category:
               (1)  a project schedule with funding for each phase of
  development;
               (2)  a right-of-way acquisition plan;
               (3)  a letting plan; and
               (4)  a summary of the progress on the project and
  project category.
         (c)  The department shall use the work plan to:
               (1)  monitor the performance of the district; and
               (2)  evaluate the performance of district employees.
         (d)  The department shall consolidate the districts' work
  plans into a statewide work plan and publish it in appropriate media
  and on the department's Internet website.
         Sec. 201.1004.  PERFORMANCE MEASURES FOR WORK PLAN. (a)  The
  department shall develop a set of performance measures for the plan
  under Section 201.1003 intended to measure:
               (1)  the execution of the work program;
               (2)  the preservation of the system investment;
               (3)  the addition of new capacity to the system;
               (4)  safety initiatives; and
               (5)  use of minority, disadvantaged, and small
  businesses.
         (b)  At a minimum, the performance measures adopted under
  Subsection (a) must include:
               (1)  the peak hour travel congestion in the eight
  largest metropolitan areas in contrast with previous state fiscal
  years;
               (2)  the percentage of projects for which environmental
  clearance is obtained on or before the planned implementation
  timelines;
               (3)  the percentage of projects for which right-of-way
  acquisition is completed on or before the planned implementation
  timelines;
               (4)  the percentage of parcels acquired through
  negotiation;
               (5)  the average time between selection and execution
  of a contract for engineering services;
               (6)  the total amount spent for right-of-way as a
  percentage of the original estimated amount;
               (7)  the percentage of highway improvement contracts
  executed on or before the planned implementation timelines for
  letting;
               (8)  the percentage of construction contracts executed
  on or before the planned letting date;
               (9)  the total amount spent for construction contracts
  as a percentage of the final design estimated amount;
               (10)  for all highway improvement contracts completed
  during the state fiscal year, the percentage completed within 20
  percent of the original contract time;
               (11)  construction contract adjustments as a
  percentage of original contract price;
               (12)  for all highway improvement contracts completed
  during the state fiscal year, the percentage completed within 10
  percent of the original contract price;
               (13)  for all highway improvement contracts completed
  during the state fiscal year, the percentage of the total contract
  adjustments as a percentage of the total original contract price;
               (14)  of the federal funds subject to forfeiture at the
  end of the state fiscal year, the percentage that was committed by
  the department;
               (15)  the amounts of cash receipts and disbursements in
  contrast with the forecasted amounts;
               (16)  the amount obligated to be spent in connection
  with contracts or participation in contracts with minority,
  disadvantaged, and small business enterprises as a percentage of
  the amount spent on all contracts;
               (17)  the percentage of lane miles on the state highway
  system that have a pavement condition rating of excellent or good;
               (18)  the number of lane miles on the state highway
  system that were resurfaced in contrast with the number planned;
  and
               (19)  the number of vehicle miles traveled in contrast
  with previous state fiscal years.
         (c)  The department shall consult with the Transportation
  Legislative Oversight Committee in developing the performance
  measures under Subsection (a). This subsection expires August 31,
  2013.
         Sec. 201.1005.  PERFORMANCE REVIEW. Not later than December
  1 of each odd-numbered year, the commission shall review the
  performance of the department's activities described in Section
  201.1003 and make the review available to the public. The review
  must include a report on the level of achievement of each
  performance measure listed in Section 201.1004(a), statewide and by
  department district, and a status report on each major
  transportation project under development.
         SECTION 2.06.  (a)  The Texas Transportation Commission
  shall adopt the rules required by this article as soon as
  practicable but not later than March 1, 2010.
         (b)  Each planning organization, as defined by Section
  201.981, Transportation Code, as added by this article, shall
  develop its first 10-year transportation plan in accordance with
  Section 201.985, Transportation Code, as added by this article, not
  later than March 1, 2011.
         (c)  The Texas Department of Transportation shall develop
  the programs and plans required under Subchapter P, Chapter 201,
  Transportation Code, as added by this article, as soon as
  practicable but not later than December 1, 2010.
         SECTION 2.07.  (a)  Subchapter D, Chapter 472,
  Transportation Code, is amended by adding Sections 472.0311 through
  472.0313, 472.0316, 472.0332, 472.035 through 472.041, and 472.043
  through 472.046 to read as follows:
         Sec. 472.0311.  PURPOSE. (a)  The metropolitan
  transportation planning process described by this subchapter is
  intended to:
               (1)  encourage and promote the safe and efficient
  management, operation, and development of surface transportation
  systems to serve the mobility needs of people and freight;
               (2)  foster economic growth and development in and
  through urbanized areas of this state; and
               (3)  minimize transportation-related fuel consumption,
  air pollution, and greenhouse gas emissions.
         (b)  To accomplish the objectives under Subsection (a),
  metropolitan planning organizations shall develop, in cooperation
  with this state and public transit operators, transportation plans
  and programs for metropolitan areas in this state.
         (c)  The plans and programs for each metropolitan area must
  provide for the development and integrated management and operation
  of transportation systems and facilities, including pedestrian
  walkways and bicycle transportation facilities that will function
  as an intermodal transportation system for the metropolitan area.
         (d)  The process for developing plans and programs under this
  subchapter shall provide for consideration of all modes of
  transportation and be continuing, cooperative, and comprehensive,
  to the degree appropriate, based on the complexity of the
  transportation issues to be addressed.
         (e)  To ensure that the process is integrated with the
  statewide planning process, metropolitan planning organizations
  shall develop plans and programs that identify transportation
  facilities that should function as an integrated metropolitan
  transportation system and give emphasis to facilities that serve
  important national, state, and regional transportation functions.
         Sec. 472.0312.  DESIGNATION AND BOUNDARIES.  (a) The
  governor shall designate, in accordance with 23 U.S.C. Section 134,
  a metropolitan planning organization for each urbanized area of
  this state having a population of more than 50,000.
         (b)  A metropolitan planning organization must be designated
  or redesignated in accordance with, and its boundaries determined
  by, 23 U.S.C. Section 134.
         (c)  Each designated metropolitan planning organization
  must be fully operational not later than the 180th day after the
  date of its designation.
         Sec. 472.0313.  ORGANIZATION.  A metropolitan planning
  organization is a governmental entity. The policy board is subject
  to Chapter 551, Government Code.
         Sec. 472.0316.  REPRESENTATION OF TRANSPORTATION-RELATED
  ENTITIES.  (a)  In metropolitan areas in which authorities or other
  agencies have been or may be created by law to perform
  transportation functions and are performing transportation
  functions, the authorities or other agencies may be provided voting
  membership on the policy board.
         (b)  In all other metropolitan planning organizations in
  which transportation authorities or agencies are to be represented
  by elected officials from a municipality or county, the
  organization shall establish a process by which the collective
  interests of such authorities or other agencies are expressed and
  conveyed.
         Sec. 472.0332.  DUTIES. In addition to the requirements of
  federal law, a metropolitan planning organization shall perform the
  duties required by state law and those delegated by the commission
  under Subchapter H, Chapter 201.
         Sec. 472.035.  POWERS, DUTIES, AND RESPONSIBILITIES. (a)  
  The powers, duties, and responsibilities of a metropolitan planning
  organization:
               (1)  are those specified in this subchapter or
  incorporated in an interlocal agreement entered into to implement
  this subchapter; and
               (2)  are to provide regional transportation
  forecasting and planning, set regional priorities, and make project
  selection decisions as provided by federal law and the commission.
         (b)  Each metropolitan planning organization shall perform
  all acts required by applicable federal or state law or rules that
  are necessary to qualify for federal aid.
         (c)  A metropolitan planning organization may not manage or
  implement individual projects, including procurement or management
  of the project design and construction process.
         Sec. 472.036.  PLANNING.  (a)  To the extent permitted by
  state or federal law, a metropolitan planning organization shall:
               (1)  be involved in the planning and programming of
  transportation facilities, including airports, intermunicipal and
  high-speed rail lines, seaports, and intermodal facilities; and
               (2)  in cooperation with the department, develop:
                     (A)  a long-range transportation plan as required
  by Section 201.622;
                     (B)  an annually updated transportation
  improvement program as required by Section 472.043; and
                     (C)  an annual unified planning work program as
  required by Section 472.044.
         (b)  In developing the long-range transportation plan and
  the transportation improvement program under Subsection (a), each
  metropolitan planning organization shall consider projects and
  strategies that will:
               (1)  support the economic vitality of the metropolitan
  area, especially by enabling global competitiveness, productivity,
  and efficiency;
               (2)  increase the safety and security of the
  transportation system for motorized and nonmotorized users;
               (3)  increase the accessibility and mobility options
  available to people and for freight;
               (4)  protect and enhance the environment, promote
  energy conservation, and improve quality of life;
               (5)  enhance the integration and connectivity of the
  transportation system, across and between modes, for people and
  freight;
               (6)  promote efficient system management and
  operation; and
               (7)  emphasize the preservation of the existing
  transportation system.
         (c)  To provide recommendations to the department and local
  governmental entities regarding transportation plans and programs,
  each metropolitan planning organization shall:
               (1)  prepare a congestion management system for the
  metropolitan area and cooperate with the department in the
  development of any other transportation management system required
  by state or federal law;
               (2)  assist the department in mapping transportation
  planning boundaries required by state or federal law;
               (3)  assist the department in performing its duties
  relating to access management, functional classification of roads,
  and data collection;
               (4)  execute all agreements or certifications
  necessary to comply with applicable state or federal law;
               (5)  represent all the jurisdictional areas in the
  metropolitan area in the formulation of a transportation plan or
  program required by this subchapter; and
               (6)  perform all other duties required by state or
  federal law.
         Sec. 472.037.  TECHNICAL ADVISORY COMMITTEE.  (a)  Each
  metropolitan planning organization shall appoint a technical
  advisory committee whose members serve at the pleasure of the
  metropolitan planning organization.
         (b)  The membership of the technical advisory committee must
  include, if possible:
               (1)  planners;
               (2)  engineers;
               (3)  a representative of each political subdivision or
  agency or department of a political subdivision that provides
  transportation services, including, as applicable:
                     (A)  a port authority, navigation district, or
  public transit authority; or
                     (B)  a county or municipal airport or transit
  department;
               (4)  the superintendent of each school district in the
  jurisdiction of the metropolitan planning organization or a person
  designated by the superintendent; and
               (5)  other appropriate representatives of affected
  local governments.
         Sec. 472.038.  SAFE ACCESS TO SCHOOLS.  (a)  In addition to
  any other duty assigned to it by the metropolitan planning
  organization or by state or federal law, the technical advisory
  committee is responsible for considering safe access to schools in
  its review of transportation project priorities, long-range
  transportation plans, and transportation improvement programs and
  shall advise the metropolitan planning organization on those
  issues.
         (b)  The technical advisory committee shall coordinate its
  actions with local school boards and other local programs and
  organizations in the metropolitan area that participate in school
  safety activities, including locally established community traffic
  safety teams.
         (c)  A school board must provide the appropriate
  metropolitan planning organization with information concerning
  future school sites and the coordination of transportation
  services.
         Sec. 472.039.  EMPLOYEES.  (a)  Each metropolitan planning
  organization shall employ:
               (1)  an executive or staff director who reports
  directly to the organization's policy board for all matters
  regarding the administration and operation of the metropolitan
  planning organization; and
               (2)  any additional personnel the policy board
  considers necessary.
         (b)  The executive or staff director and additional
  personnel may be employed by the metropolitan planning organization
  or by another governmental entity, including a county,
  municipality, or regional planning organization that has a staff
  services agreement with the metropolitan planning organization.
         (c)  A metropolitan planning organization may enter into a
  contract with a local or state agency, private planning firm,
  private engineering firm, or other public or private entity to
  accomplish the metropolitan planning organization's transportation
  planning and programming duties and administrative functions.
         (d)  A metropolitan planning organization, for the purpose
  of influencing legislation, may not engage the services of a person
  who is required to register with the Texas Ethics Commission under
  Chapter 305, Government Code.
         Sec. 472.040.  TRAINING.  (a)  To enhance its members'
  knowledge, effectiveness, and participation in the transportation
  planning process, a metropolitan planning organization shall
  provide training opportunities and funds for the organization's
  members.
         (b)  Training of its policy board members may be conducted by
  the metropolitan planning organization or through statewide or
  federal training programs and initiatives that are specifically
  designed to meet the needs of metropolitan planning organization
  policy board members.
         Sec. 472.041.  COORDINATION WITH OTHER ENTITIES.  A
  metropolitan planning organization may join with any other
  metropolitan planning organization or an individual political
  subdivision to:
               (1)  coordinate activities; or
               (2)  achieve any federal or state transportation
  planning or development goal or purpose consistent with federal or
  state law.
         Sec. 472.043.  TRANSPORTATION IMPROVEMENT PROGRAM.  (a)  
  Each metropolitan planning organization shall develop annually a
  list of project priorities and a transportation improvement
  program. The prevailing principles to be considered by the
  metropolitan planning organization when developing a list are:
               (1)  preserving the existing transportation
  infrastructure;
               (2)  enhancing the economic competitiveness of this
  state; and
               (3)  improving travel choices to ensure mobility.
         (b)  The transportation improvement program may be used to
  initiate federally aided transportation facilities and
  improvements and other transportation facilities and improvements,
  including transit, rail, aviation, and port facilities.
         (c)  The transportation improvement program must be
  consistent, to the maximum extent feasible, with comprehensive
  plans of the political subdivisions the boundaries of which are in
  the metropolitan area served by the metropolitan planning
  organization.
         Sec. 472.044.  UNIFIED PLANNING WORK PROGRAM. (a)  Each
  metropolitan planning organization shall develop, in cooperation
  with the department and public transit operators, a unified
  planning work program that lists all planning tasks to be
  undertaken during the program year.
         (b)  The unified planning work program must provide a
  complete description of each planning task and an estimated budget
  for that task and must comply with applicable state and federal law.
         Sec. 472.045.  APPLICATION OF FEDERAL LAW. (a)  On
  notification by an agency of the federal government that a
  provision of this subchapter conflicts with a federal law or
  regulation, the federal law or regulation takes precedence to the
  extent of the conflict until the conflict is resolved.
         (b)  The department or a metropolitan planning organization
  may take any action necessary to comply with federal laws and
  regulations or to continue to remain eligible to receive federal
  funds.
         Sec. 472.046.  PUBLICATION OF INFORMATION ON INTERNET
  WEBSITE. A metropolitan planning organization shall publish
  financial information on its Internet website, including
  information regarding:
               (1)  budgeted annual revenues and expenditures;
               (2)  actual annual revenues and expenditures; and
               (3)  staffing levels.
         (b)  A technical advisory committee of a metropolitan
  planning organization is not required to comply with Section
  472.037, Transportation Code, as added by this section, before
  January 1, 2010.
         SECTION 2.08.  Section 472.032, Transportation Code, is
  amended to read as follows:
         Sec. 472.032.  VOTING PROXIES BY POLICY BOARD MEMBERS
  PROHIBITED. (a) A policy board may not allow its members to vote by
  proxy.  A policy board may allow for the appointment of alternate
  members, if defined by its bylaws, to serve in the absence of the
  primary members [provide in its bylaws for appointment of voting
  proxies by its members].
         (b)  [A proxy appointed under Subsection (a):
               [(1)     acts on behalf of and under the supervision of the
  policy board member who appointed the proxy;
               [(2)  must be appointed in writing; and
               [(3)     is authorized to vote for the policy board member
  who appointed the proxy to the extent the member has given the proxy
  the member's voting power.
         [(c)]  A legislative member of a policy board may not be
  counted as absent at a meeting of the policy board during a
  legislative session.
         [(d)     A legislative member of a policy board may only appoint
  a proxy under Subsection (a) who is:
               [(1)     the legislative member's employee or staff
  member;
               [(2)     a person related to the member within the second
  degree by consanguinity, as determined under Subchapter B, Chapter
  573, Government Code, who is not required to register as a lobbyist
  under Chapter 305, Government Code;
               [(3)     another legislative member of the policy board;
  or
               [(4)  a locally elected official.]
         SECTION 2.09.  Section 364.004(c), Transportation Code, is
  repealed.
  ARTICLE 3. PUBLIC INVOLVEMENT AND COMPLAINTS
         SECTION 3.01.  (a)  Section 201.801, Transportation Code, is
  amended to read as follows:
         Sec. 201.801.  [INFORMATION ABOUT DEPARTMENT;] COMPLAINTS.  
  (a)  The department shall maintain a system to promptly and
  efficiently act on complaints filed with the department. The
  department shall maintain information about the parties to and the
  subject matter of a complaint and a summary of the results of the
  review or investigation of the complaint and the disposition of the
  complaint.
         (b)  The department shall make information available
  describing its procedures for complaint investigation and
  resolution [prepare information of public interest describing the
  functions of the department and the department's procedures by
  which a complaint is filed with the department and resolved by the
  department. The department shall make the information available to
  the public and appropriate state agencies].
         [(b)     The commission by rule shall establish methods by which
  consumers and service recipients are notified of the department's
  name, mailing address, and telephone number for directing
  complaints to the department. The commission may provide for that
  notification:
               [(1)     on each registration form, application, or
  written contract for services of an individual or entity regulated
  by the department;
               [(2)     on a sign prominently displayed in the place of
  business of each individual or entity regulated by the department;
  or
               [(3)     in a bill for service provided by an individual or
  entity regulated by the department.]
         (c)  [The department shall:
               [(1)     keep an information file about each written
  complaint filed with the department that the department has the
  authority to resolve; and
               [(2)     provide the person who filed the complaint, and
  each person or entity that is the subject of the complaint,
  information about the department's policies and procedures
  relating to complaint investigation and resolution.
         [(d)]  The department[, at least quarterly and until final
  disposition of a written complaint that is filed with the
  department and that the department has the authority to resolve,]
  shall periodically notify the parties to the complaint of its
  status until final disposition [unless the notice would jeopardize
  an undercover investigation].
         (d)  The commission shall adopt rules applicable to each
  division and district to establish a process to act on complaints
  filed with the department [(e)     With regard to each complaint filed
  with the department, the department shall keep the following
  information:
               [(1)  the date the complaint is filed;
               [(2)  the name of the person filing the complaint;
               [(3)  the subject matter of the complaint;
               [(4)     a record of each person contacted in relation to
  the complaint;
               [(5)     a summary of the results of the review or
  investigation of the complaint; and
               [(6)     if the department takes no action on the
  complaint, an explanation of the reasons that no action was taken].
         (e)  The department shall develop a standard form for
  submitting a complaint and make the form available on its Internet
  website.  The department shall establish a method to submit
  complaints electronically.
         (f)  The department shall develop a method for analyzing the
  sources and types of complaints and violations and establish
  categories for the complaints and violations. The department shall
  use the analysis to focus its information and education efforts on
  specific problem areas identified through the analysis.
         (g)  The department shall:
               (1)  compile:
                     (A)  detailed statistics and analyze trends on
  complaint information, including:
                           (i)  the nature of the complaints;
                           (ii)  their disposition; and
                           (iii)  the length of time to resolve
  complaints; and
                     (B)  complaint information on a district and a
  divisional basis; and
               (2)  report the information on a monthly basis to the
  division directors and office directors and on a quarterly basis to
  the commission.
         (b)  The Texas Transportation Commission shall adopt rules
  under Section 201.801, Transportation Code, as amended by this
  section not later than March 1, 2010.
         SECTION 3.02.  Subchapter J, Chapter 201, Transportation
  Code, is amended by adding Section 201.812 to read as follows:
         Sec. 201.812.  PUBLIC INVOLVEMENT POLICY.  (a)  The
  department shall develop and implement a policy for public
  involvement that guides and encourages public involvement with the
  department.  The policy must:
               (1)  provide for the use of public involvement
  techniques that target different groups and individuals;
               (2)  encourage continuous contact between the
  department and persons outside the department throughout the
  transportation decision-making process;
               (3)  require the department to make efforts toward:
                     (A)  clearly tying public involvement to
  decisions made by the department; and
                     (B)  providing clear information to the public
  about specific outcomes of public input; and
               (4)  apply to all public input with the department,
  including input:
                     (A)  on statewide transportation policy-making;
                     (B)  in connection with the environmental process
  relating to specific projects; and
                     (C)  into the department's rulemaking procedures.
         (b)  The department shall document the ratio of positive
  public input to negative public input regarding all environmental
  impact statements as expressed by the public through the
  department's public involvement process. The department shall:
               (1)  present this information to the commission in an
  open meeting; and
               (2)  report this information on the department's
  Internet website in a timely manner.
  ARTICLE 4. CONTRACTING FUNCTIONS
         SECTION 4.01.  Section 223.002, Transportation Code, is
  amended to read as follows:
         Sec. 223.002.  NOTICE OF BIDS [BY PUBLICATION]. [(a)] The
  department shall give [publish] notice to interested persons
  regarding [of] the time and place at which bids on a contract will
  be opened and the contract awarded. The department by rule shall
  determine the most effective method for providing the notice
  required by this section.
         [(b)     The notice must be published in a newspaper published
  in the county in which the improvement is to be made once a week for
  at least two weeks before the time set for awarding the contract and
  in two other newspapers that the department may designate.
         [(c)     Instead of the notice required by Subsection (b), if
  the department estimates that the contract involves an amount less
  than $300,000, notice may be published in two successive issues of a
  newspaper published in the county in which the improvement is to be
  made.
         [(d)     If a newspaper is not published in the county in which
  the improvement is to be made, notice shall be published in a
  newspaper published in the county:
               [(1)     nearest the county seat of the county in which the
  improvement is to be made; and
               [(2)  in which a newspaper is published.]
         SECTION 4.02.  Section 223.201, Transportation Code, is
  amended by amending Subsections (a) and (g) and adding Subsection
  (j) to read as follows:
         (a)  Subject to Section 223.202, the department may enter
  into a comprehensive development agreement with a private entity to
  design, develop, finance, construct, maintain, repair, operate,
  extend, or expand a state highway [:
               [(1)  toll project;
               [(2)     facility or a combination of facilities on the
  Trans-Texas Corridor;
               [(3)     state highway improvement project that includes
  both tolled and nontolled lanes and may include nontolled
  appurtenant facilities;
               [(4)     state highway improvement project in which the
  private entity has an interest in the project; or
               [(5)     state highway improvement project financed
  wholly or partly with the proceeds of private activity bonds, as
  defined by Section 141(a), Internal Revenue Code of 1986].
         (g)  The department may combine in a comprehensive
  development agreement under this subchapter a state highway [toll
  project] and a rail facility as defined by Section 91.001.
         (j)  Notwithstanding any other law to the contrary:
               (1)  the department's authority to enter into a
  comprehensive development agreement and any related facility
  agreement, whether under this section or any other law, is limited
  to a highway, road, or rail project that costs $150 million or more,
  and may not be considered to extend to projects involving public
  utilities or any other facility that is not a highway, road, or rail
  facility; and
               (2)  except in connection with any existing rights
  granted to a private entity with respect to the State Highway 130
  project, the department may not charge any fee or grant a private
  entity the right to charge or collect any fee in connection with a
  comprehensive development agreement or any related agreement under
  former Chapter 227 or any successor law in connection with any
  facility that is not a highway, road, or rail facility, including a
  public utility facility.
         SECTION 4.03.  Section 223.203(e-2), Transportation Code,
  is amended to read as follows:
         (e-2)  In this section, "design-build contract" means a
  comprehensive development agreement that includes the design and
  construction of a [turnpike] project, does not include the
  financing of a [turnpike] project, and may include the acquisition,
  maintenance, or operation of a [turnpike] project.
         SECTION 4.04.  Section 223.203(m), Transportation Code, is
  amended to read as follows:
         (m)  The department may pay an unsuccessful private entity
  that submits a responsive proposal in response to a request for
  detailed proposals under Subsection (f) a stipulated amount in
  exchange for the work product contained in that proposal. A
  stipulated amount must be stated in the request for proposals and
  may not exceed the lesser of one-half of one percent of the contract
  amount or the value of any work product contained in the proposal
  that can, as determined by the department, be used by the department
  in the performance of its functions. The use by the department of
  any design element contained in an unsuccessful proposal is subject
  to the private entity's acceptance of the stipulated amount, is at
  the sole risk and discretion of the department, and does not confer
  liability on the recipient of the stipulated amount under this
  section. After acceptance and payment of the stipulated amount:
               (1)  the department owns with the unsuccessful proposer
  jointly the rights to, and may make use of any work product
  contained in, the proposal, including the technologies,
  techniques, methods, processes, ideas, and information contained
  in the project design; and
               (2)  the use by the unsuccessful proposer of any
  portion of the work product contained in the proposal is at the sole
  risk of the unsuccessful proposer and does not confer liability on
  the department.
         SECTION 4.05.  Section 223.208(e), Transportation Code, is
  amended to read as follows:
         (e)  Notwithstanding anything in Section 201.112 or other
  law to the contrary, and subject to compliance with the dispute
  resolution procedures set out in the comprehensive development
  agreement, an obligation of the commission or the department under
  a comprehensive development agreement entered into under this
  subchapter [or Section 227.023(c)] to make or secure payments to a
  person because of the termination of the agreement, including the
  purchase of the interest of a private participant or other investor
  in a project, may be enforced by mandamus against the commission,
  the department, and the comptroller in a district court of Travis
  County, and the sovereign immunity of the state is waived for that
  purpose. The district courts of Travis County shall have exclusive
  jurisdiction and venue over and to determine and adjudicate all
  issues necessary to adjudicate any action brought under this
  subsection. The remedy provided by this subsection is in addition
  to any legal and equitable remedies that may be available to a party
  to a comprehensive development agreement. This subsection does not
  apply to a design-build contract, as defined by Section
  223.203(e-2), for a nontolled facility.
         SECTION 4.06.  (a)  Subchapter E, Chapter 223,
  Transportation Code, is amended by adding Section 223.211 to read
  as follows:
         Sec. 223.211.  APPROVAL AND CERTIFICATION. A comprehensive
  development agreement, including a facility agreement under a
  comprehensive development agreement, under which a private entity
  will operate a toll project or be entitled to receive revenue from
  the project must be:
               (1)  reviewed by the attorney general for legal
  sufficiency under Section 371.051, as added by Chapter 264 (S.B.
  792), Acts of the 80th Legislature, Regular Session, 2007;
               (2)  reviewed by the comptroller for financial
  viability and signed and certified by the comptroller if approved;
  and
               (3)  signed by the chair of the commission.
         (b)  The change in law made by Section 223.211,
  Transportation Code, as added by this section, applies only to a
  comprehensive development agreement entered into on or after the
  effective date of this Act.
         SECTION 4.07.  The changes in law made by this Act to
  Sections 223.201(a) and 223.208(e), Transportation Code, relating
  to the Texas Department of Transportation's authority regarding
  comprehensive development agreements for segments of the former
  Trans-Texas Corridor do not apply to the State Highway 130,
  Segments 5 and 6 project. An agreement entered into for that
  project is governed by the law in effect on the date the agreement
  was entered into, and the former law is continued in effect for that
  purpose.
  ARTICLE 5. REGULATION OF MOTOR VEHICLE DEALERS, SALVAGE VEHICLE
  DEALERS, AND HOUSEHOLD GOODS CARRIERS
         SECTION 5.01.  (a)  Section 643.153, Transportation Code, is
  amended by amending Subsection (b) and adding Subsections (c), (h),
  and (i) to read as follows:
         (b)  The department may adopt rules necessary to ensure that
  a customer of a motor carrier transporting household goods is
  protected from deceptive or unfair practices and unreasonably
  hazardous activities.  The rules must:
               (1)  establish a formal process for resolving a dispute
  over a fee or damage;
               (2)  require a motor carrier to indicate clearly to a
  customer whether an estimate is binding or nonbinding and disclose
  the maximum price a customer could be required to pay;
               (3)  create a centralized process for making complaints
  about a motor carrier that also allows a customer to inquire about a
  carrier's complaint record; [and]
               (4)  require a motor carrier transporting household
  goods to list a place of business with a street address in this
  state and the carrier's registration number issued under this
  article in any print advertising published in this state; and
               (5)  require a motor carrier transporting household
  goods to submit to the department, at the time of the original motor
  carrier registration and at the renewal of the registration,
  documentation on whether the motor carrier:
                     (A)  regularly requests and obtains criminal
  history record information on its employees under Chapter 145,
  Civil Practice and Remedies Code; and
                     (B)  uses the criminal history record information
  to exclude from employment persons who have committed a serious
  criminal offense.
         (c)  The department shall make available to the public on the
  department's Internet website the information received under
  Subsection (b)(5) to allow members of the public to make an informed
  choice when selecting a motor carrier to transport household goods.
         (h)  Subject to Subsection (i), the department may order a
  motor carrier that transports household goods to pay a refund to a
  customer as provided in an agreement resulting from an informal
  settlement instead of or in addition to imposing an administrative
  penalty under this chapter.
         (i)  The amount of a refund ordered as provided in an
  agreement resulting from an informal settlement may not exceed the
  amount the customer paid to the motor carrier for a service or the
  amount the customer paid for an item damaged by the motor carrier,
  without requiring an estimation of the actual cost of the damage.  
  The department may not require payment of other damages or estimate
  harm in a refund order.
         (b)  The change in law made by Sections 643.153(h) and (i),
  Transportation Code, as added by this section, applies only to an
  agreement to transport household goods entered into on or after the
  effective date of this Act. An agreement to transport household
  goods entered into before the effective date of this Act is governed
  by the law in effect immediately before that date, and that law is
  continued in effect for that purpose.
         SECTION 5.02.  (a)  Section 643.251(b), Transportation Code,
  is amended to read as follows:
         (b)  Except as provided by this section, the amount of an
  administrative penalty may not exceed $5,000. If it is found that
  the motor carrier knowingly committed the violation, the penalty
  may not exceed $15,000.   [If it is found that the motor carrier
  knowingly committed multiple violations, the aggregate penalty for
  the multiple violations may not exceed $30,000.]  Each day a
  violation continues or occurs is a separate violation for purposes
  of imposing a penalty.
         (b)  The change in law made by this section to Section
  643.251, Transportation Code, applies only to a violation committed
  by a motor carrier on or after the effective date of this Act. For
  purposes of this subsection, a violation was committed before the
  effective date of this Act if any element of the violation was
  committed before that date.  A violation committed by a motor
  carrier before the effective date of this Act is covered by the law
  in effect on the date the violation was committed, and the former
  law is continued in effect for that purpose.
         SECTION 5.03.  Subchapter F, Chapter 643, Transportation
  Code, is amended by adding Sections 643.257 and 643.258 to read as
  follows:
         Sec. 643.257.  SUMMARY SUSPENSION. (a)  The board may
  summarily suspend the registration of a motor carrier registered
  under this chapter if the motor carrier's failure to comply with
  this chapter or a rule adopted under this chapter is determined by
  the board to constitute a continuing and imminent threat to the
  public safety and welfare.
         (b)  To initiate a proceeding to take action under Subsection
  (a), the board must serve notice on the motor carrier. The notice
  must:
               (1)  state the grounds for summary suspension;
               (2)  be personally served on the motor carrier or sent
  to the motor carrier by certified or registered mail, return
  receipt requested, to the motor carrier's mailing address as it
  appears in the department's records; and
               (3)  inform the motor carrier of the right to a hearing
  on the suspension.
         (c)  The suspension is effective on the date notice is
  personally served or received by mail. The motor carrier is
  entitled to appeal the suspension in the manner provided by Section
  643.2525 for the appeal of an order of the board.
         Sec. 643.258.  EMERGENCY CEASE AND DESIST ORDER.  (a)  If it
  appears to the board that a motor carrier who is not registered to
  transport household goods for compensation under Section 643.051 is
  violating this chapter, a rule adopted under this chapter, or
  another state statute or rule relating to the transportation of
  household goods and the board determines that the unauthorized
  activity constitutes a clear, imminent, or continuing threat to the
  public health and safety, the board may:
               (1)  issue an emergency cease and desist order
  prohibiting the motor carrier from engaging in the activity; and
               (2)  report the activity to a local law enforcement
  agency or the attorney general for prosecution.
         (b)  An order issued under Subsection (a) must:
               (1)  be delivered on issuance to the motor carrier
  affected by the order by personal delivery or registered or
  certified mail, return receipt requested, to the motor carrier's
  last known address;
               (2)  state the acts or practices alleged to be an
  unauthorized activity and require the motor carrier immediately to
  cease and desist from the unauthorized activity; and
               (3)  contain a notice that a request for hearing may be
  filed under this section.
         (c)  A motor carrier against whom an emergency cease and
  desist order is directed may request a hearing before the 11th day
  after the date it is served on the motor carrier.  If the motor
  carrier does not request a hearing in that time, the order is final
  and nonappealable as to that motor carrier.  A request for a
  hearing must:
               (1)  be in writing and directed to the board; and
               (2)  state the grounds for the request to set aside or
  modify the order.
         (d)  On receiving a request for a hearing, the board shall
  serve notice of the time and place of the hearing by personal
  delivery or registered or certified mail, return receipt
  requested.  The hearing must be held not later than the 10th day
  after the date the board receives the request for a hearing unless
  the parties agree to a later hearing date.  A hearing under this
  subsection is subject to Chapter 2001, Government Code.
         (e)  After the hearing, the board shall affirm, modify, or
  set aside wholly or partly the emergency cease and desist order.  An
  order affirming or modifying the emergency cease and desist order
  is immediately final for purposes of enforcement and appeal.
         (f)  An order under this section continues in effect unless
  the order is stayed by the board.  The board may impose any
  condition before granting a stay of the order.
         (g)  The board may release to the public a final cease and
  desist order issued under this section or information regarding the
  existence of the order if the board determines that the release
  would enhance the effective enforcement of the order or will serve
  the public interest.
         (h)  A violation of an order issued under this section
  constitutes additional grounds for imposing an administrative
  penalty under this chapter.
         SECTION 5.04.  Section 2301.654, Occupations Code, is
  amended to read as follows:
         Sec. 2301.654.  PROBATION. If a suspension of a license is
  probated, the board may:
               (1)  require the license holder to report regularly to
  the board on matters that are the basis of the probation; [or]
               (2)  limit activities to those prescribed by the board;
  or
               (3)  require the license holder to obtain specialized
  training so that the license holder attains a degree of skill
  satisfactory to the board in those areas that are the basis of the
  probation.
         SECTION 5.05.  The heading to Section 2301.801, Occupations
  Code, is amended to read as follows:
         Sec. 2301.801.  ADMINISTRATIVE [CIVIL] PENALTY. 
         SECTION 5.06.  Section 2301.801, Occupations Code, is
  amended by amending Subsections (a) and (c) and adding Subsections
  (d), (e), (f), and (g) to read as follows:
         (a)  If, after a proceeding under this chapter and board
  rules, the board determines that a person is violating or has
  violated this chapter, a rule adopted or order issued under this
  chapter, or Section 503.038(a), Transportation Code, the board may
  impose an administrative [a civil] penalty. The amount of the
  penalty may not exceed $10,000 for each violation. Each act of
  violation and each day a violation continues is a separate
  violation.
         (c)  The board by rule shall adopt a schedule of
  administrative penalties based on the criteria in Subsection (b) to
  ensure that the amount of a penalty imposed under this section is
  appropriate to the violation [Notwithstanding any other law to
  the contrary, a civil penalty recovered under this chapter shall be
  deposited in the state treasury to the credit of the state highway
  fund].
         (d)  The enforcement of an administrative penalty ordered
  under this section may be stayed during the time the order is under
  judicial review if the person pays the penalty to the clerk of the
  court or files a supersedeas bond with the court in the amount of
  the penalty. A person who cannot afford to pay the penalty or file
  the bond may stay the enforcement by filing an affidavit in the
  manner required by the Texas Rules of Civil Procedure for a party
  who cannot afford to file security for costs, subject to the right
  of the board to contest the affidavit as provided by those rules.
         (e)  The attorney general may sue to collect an
  administrative penalty assessed under this section. The attorney
  general may recover on behalf of the state the reasonable expenses
  incurred in obtaining the penalty, including investigation and
  court costs, reasonable attorney's fees, witness fees, and other
  expenses.
         (f)  An administrative penalty collected under this section
  shall be deposited to the credit of the general revenue fund.
         (g)  A proceeding to impose an administrative penalty under
  this section is a contested case hearing under Chapter 2001,
  Government Code.
         SECTION 5.07.  Subchapter Q, Chapter 2301, Occupations Code,
  is amended by adding Section 2301.808 to read as follows:
         Sec. 2301.808.  REFUND. (a) Subject to Subsection (b), the
  board may order a motor vehicle dealer to pay a refund to a consumer
  as provided in an agreement resulting from an informal settlement
  instead of or in addition to imposing an administrative penalty
  under this chapter.
         (b)  The amount of a refund ordered as provided in an
  agreement resulting from an informal settlement may not exceed the
  amount the consumer paid to the motor vehicle dealer. The board may
  not require payment of other damages or estimate harm in a refund
  order.
         SECTION 5.08.  Subchapter H, Chapter 2302, Occupations Code,
  is amended by adding Section 2302.352 to read as follows:
         Sec. 2302.352.  ADMINISTRATIVE PENALTY. (a) The board may
  impose an administrative penalty on a salvage vehicle dealer
  licensed under this chapter who violates this chapter or a rule or
  order adopted under this chapter.
         (b)  The amount of an administrative penalty imposed under
  this section may not exceed $5,000. Each day a violation continues
  or occurs is a separate violation for the purpose of imposing a
  penalty. The amount of the penalty shall be based on:
               (1)  the seriousness of the violation, including the
  nature, circumstances, extent, and gravity of the violation;
               (2)  the economic harm to property or the environment
  caused by the violation;
               (3)  the history of previous violations;
               (4)  the amount necessary to deter a future violation;
               (5)  the threat to the public safety and welfare;
               (6)  efforts to correct the violation; and
               (7)  any other matter that justice may require.
         (c)  The board by rule shall adopt a schedule of
  administrative penalties based on the criteria listed in Subsection
  (b) for violations subject to an administrative penalty under this
  section to ensure that the amount of a penalty imposed is
  appropriate to the violation.
         (d)  The enforcement of an administrative penalty may be
  stayed during the time the order is under judicial review if the
  person pays the penalty to the clerk of the court or files a
  supersedeas bond with the court in the amount of the penalty. A
  person who cannot afford to pay the penalty or file the bond may
  stay the enforcement by filing an affidavit in the manner required
  by the Texas Rules of Civil Procedure for a party who cannot afford
  to file security for costs, subject to the right of the board to
  contest the affidavit as provided by those rules.
         (e)  The attorney general may sue to collect an
  administrative penalty imposed under this section. In the suit the
  attorney general may recover, on behalf of the state, the
  reasonable expenses incurred in obtaining the penalty, including
  investigation and court costs, reasonable attorney's fees, witness
  fees, and other expenses.
         (f)  An administrative penalty collected under this section
  shall be deposited in the general revenue fund.
         (g)  A proceeding to impose an administrative penalty under
  this section is a contested case under Chapter 2001, Government
  Code.
         SECTION 5.09.  The change in law made by Section 2301.808,
  Occupations Code, as added by this article, applies only to a motor
  vehicle purchased or leased on or after the effective date of this
  Act. A motor vehicle purchased or leased before the effective date
  of this Act is governed by the law in effect immediately before that
  date, and that law is continued in effect for that purpose.
  ARTICLE 6. REGULATION OF OUTDOOR ADVERTISING
         SECTION 6.01.  Section 391.004, Transportation Code, is
  amended to read as follows:
         Sec. 391.004.  TEXAS HIGHWAY BEAUTIFICATION FUND ACCOUNT.
  The Texas highway beautification fund account is an account in the
  general revenue fund. Money the commission receives under this
  chapter shall be deposited to the credit of the Texas highway
  beautification fund account. The commission shall use money in the
  Texas highway beautification fund account to administer this
  chapter and Chapter 394.
         SECTION 6.02.  (a)  Subchapter A, Chapter 391,
  Transportation Code, is amended by adding Section 391.006 to read
  as follows:
         Sec. 391.006.  COMPLAINTS; RECORDS. (a)  The department by
  rule shall establish procedures for accepting and resolving written
  complaints related to outdoor advertising under this chapter.  The
  rules must include:
               (1)  a process to make information available describing
  its procedures for complaint investigation and resolution,
  including making information about the procedures available on the
  department's Internet website;
               (2)  a simple form for filing complaints with the
  department;
               (3)  a system to prioritize complaints so that the most
  serious complaints receive attention before less serious
  complaints; and
               (4)  a procedure for compiling and reporting detailed
  annual statistics about complaints.
         (b)  The department shall provide on the department's
  Internet website information about the department's policies and
  procedures relating to complaint investigation and resolution.  The
  department shall also provide this information to any person
  requesting a written copy.
         (c)  The department shall keep for at least 10 years an
  information file about each written complaint filed with the
  department that the department has authority to resolve. The
  department shall keep the following information for each complaint
  for the purpose of enforcing this chapter:
               (1)  the date the complaint is filed;
               (2)  the name of the person filing the complaint;
               (3)  the subject matter of the complaint;
               (4)  each person contacted in relation to the
  complaint;
               (5)  a summary of the results of the review or
  investigation of the complaint; and
               (6)  if the department does not take action on the
  complaint, an explanation of the reasons that action was not taken.
         (d)  If a written complaint is filed with the department that
  the department has authority to resolve, the department, at least
  quarterly and until final disposition of the complaint, shall
  notify the parties to the complaint of the status of the complaint
  unless the notice would jeopardize an ongoing department
  investigation.
         (b)  The Texas Transportation Commission shall adopt rules
  under Section 391.006, Transportation Code, as added by this
  section, not later than September 1, 2010.
         SECTION 6.03.  Section 391.035(c), Transportation Code, is
  amended to read as follows:
         (c)  A penalty collected under this section shall be
  deposited to the credit of the Texas highway beautification [state
  highway] fund account if collected by the attorney general and to
  the credit of the county road and bridge fund of the county in which
  the violation occurred if collected by a district or county
  attorney.
         SECTION 6.04.  Subchapter B, Chapter 391, Transportation
  Code, is amended by adding Section 391.0355 to read as follows:
         Sec. 391.0355.  ADMINISTRATIVE PENALTY. (a)  In lieu of a
  suit to collect a civil penalty, the commission, after notice and an
  opportunity for a hearing before the commission, may impose an
  administrative penalty against a person who violates this chapter
  or a rule adopted by the commission under this chapter. Each day a
  violation continues is a separate violation.
         (b)  The amount of the administrative penalty may not exceed
  the maximum amount of a civil penalty under Section 391.035.
         (c)  A proceeding under this section is a contested case
  under Chapter 2001, Government Code.
         (d)  Judicial review of an appeal of an administrative
  penalty imposed under this section is under the substantial
  evidence rule.
         (e)  An administrative penalty collected under this section
  shall be deposited to the credit of the Texas highway
  beautification fund account.
         SECTION 6.05.  Section 391.063, Transportation Code, is
  amended to read as follows:
         Sec. 391.063.  LICENSE FEE.  The commission may set the
  amount of a license fee according to a scale graduated by the number
  of units of outdoor advertising and number of off-premise signs
  under Chapter 394 owned by a license applicant.
         SECTION 6.06.  Section 391.064, Transportation Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  A person is not required to file with the commission a
  surety bond for outdoor advertising under this chapter if the
  person files with the commission a surety bond for an off-premise
  sign under Chapter 394.
         SECTION 6.07.  Section 391.065(b), Transportation Code, is
  amended to read as follows:
         (b)  For the efficient management and administration of this
  chapter and to reduce the number of employees required to enforce
  this chapter, the commission shall adopt rules for issuing
  standardized forms that are for submission by license holders and
  applicants and that provide for an accurate showing of the number,
  location, or other information required by the commission for each
  license holder's or applicant's outdoor advertising or off-premise
  signs under Chapter 394.
         SECTION 6.08.  Section 391.066, Transportation Code, is
  amended by adding Subsections (d) and (e) to read as follows:
         (d)  The commission may deny the renewal of a license
  holder's license if the license holder has not complied with the
  permit requirements of this chapter or Chapter 394.
         (e)  The commission by rule shall adopt procedures for the
  suspension, revocation, or denial of a renewal of a license under
  this section, or the assessment of an administrative penalty under
  Section 391.0355. The procedures must ensure that the enforcement
  action is appropriate for the violation for which it is taken.  The
  rules adopting the procedures must require the commission to
  consider:
               (1)  the seriousness of the violation, including the
  nature, circumstances, extent, and gravity of the violation;
               (2)  the economic harm to property or the environment
  caused by the violation;
               (3)  the history of previous violations;
               (4)  for an administrative penalty, the amount
  necessary to deter future violations;
               (5)  the threat to the public safety and welfare posed
  by the violation;
               (6)  efforts to correct the violation; and
               (7)  any other matter that justice may require.
         SECTION 6.09.  Subchapter C, Chapter 391, Transportation
  Code, is amended by adding Section 391.0661 to read as follows:
         Sec. 391.0661.  APPLICABILITY OF LICENSE. In addition to
  authorizing a person to erect or maintain outdoor advertising, a
  license issued under this chapter authorizes a person to erect or
  maintain an off-premise sign under Chapter 394.
         SECTION 6.10.  Section 391.254(c), Transportation Code, is
  amended to read as follows:
         (c)  A civil penalty collected by the attorney general under
  this section shall be deposited to the credit of the Texas highway
  beautification [state highway] fund account.
         SECTION 6.11.  Section 394.005, Transportation Code, is
  amended to read as follows:
         Sec. 394.005.  DISPOSITION OF FEES. Money the commission
  receives [A registration fee collected] under this chapter [Section
  394.048 by the commission] shall be deposited to the credit of the
  Texas highway beautification [state highway] fund account.
         SECTION 6.12.  (a)  Subchapter A, Chapter 394,
  Transportation Code, is amended by adding Section 394.006 to read
  as follows:
         Sec. 394.006.  COMPLAINTS; RECORDS.  (a)  The department by
  rule shall establish procedures for accepting and resolving written
  complaints related to signs under this chapter. The rules must
  include:
               (1)  a process to make information available describing
  its procedures for complaint investigation and resolution,
  including making information about the procedures available on the
  department's Internet website;
               (2)  a simple form for filing complaints with the
  department;
               (3)  a system to prioritize complaints so that the most
  serious complaints receive attention before less serious
  complaints; and
               (4)  a procedure for compiling and reporting detailed
  annual statistics about complaints.
         (b)  The department shall provide on the department's
  Internet website information about the department's policies and
  procedures relating to complaint investigation and resolution.  The
  department shall also provide this information to any person
  requesting a written copy.
         (c)  The department shall keep for at least 10 years an
  information file about each written complaint filed with the
  department that the department has authority to resolve. The
  department shall keep the following information for each complaint
  for the purpose of enforcing this chapter:
               (1)  the date the complaint is filed;
               (2)  the name of the person filing the complaint;
               (3)  the subject matter of the complaint;
               (4)  each person contacted in relation to the
  complaint;
               (5)  a summary of the results of the review or
  investigation of the complaint; and
               (6)  if the department does not take action on the
  complaint, an explanation of the reasons that action was not taken.
         (d)  If a written complaint is filed with the department that
  the department has authority to resolve, the department, at least
  quarterly and until final disposition of the complaint, shall
  notify the parties to the complaint of the status of the complaint
  unless the notice would jeopardize an ongoing department
  investigation.
         (b)  The Texas Transportation Commission shall adopt rules
  under Section 394.006, Transportation Code, as added by this
  section, not later than September 1, 2010.
         SECTION 6.13.  The heading to Subchapter B, Chapter 394,
  Transportation Code, is amended to read as follows:
  SUBCHAPTER B. LICENSE AND PERMIT FOR OFF-PREMISE SIGN
         SECTION 6.14.  (a)  Subchapter B, Chapter 394, Transportation
  Code, is amended by adding Sections 394.0201, 394.0202, 394.0203,
  394.0204, 394.0205, 394.0206, 394.0207, 394.027, 394.028, and
  394.029 to read as follows:
         Sec. 394.0201.  ERECTING OFF-PREMISE SIGN WITHOUT LICENSE;
  OFFENSE. (a)  A person commits an offense if the person wilfully
  erects or maintains an off-premise sign on a rural road without a
  license under this subchapter.
         (b)  An offense under this section is a misdemeanor
  punishable by a fine of not less than $500 or more than $1,000. Each
  day of the proscribed conduct is a separate offense.
         (c)  A person is not required to obtain a license to erect or
  maintain an on-premise sign.
         Sec. 394.0202.  ISSUANCE AND PERIOD OF LICENSE. (a)  The
  commission shall issue a license to a person who:
               (1)  files with the commission a completed application
  form within the time specified by the commission;
               (2)  pays the appropriate license fee; and
               (3)  files with the commission a surety bond.
         (b)  A license may be issued for one year or longer.
         (c)  At least 30 days before the date on which a person's
  license expires, the commission shall notify the person of the
  impending expiration. The notice must be in writing and sent to the
  person's last known address according to the records of the
  commission.
         Sec. 394.0203.  LICENSE FEE. The commission may set the
  amount of a license fee according to a scale graduated by the number
  of off-premise signs and units of outdoor advertising under Chapter
  391 owned by a license applicant.
         Sec. 394.0204.  SURETY BOND. (a)  The surety bond required
  of an applicant for a license under Section 394.0202 must be:
               (1)  in the amount of $2,500 for each county in the
  state in which the person erects or maintains an off-premise sign;
  and
               (2)  payable to the commission for reimbursement for
  removal costs of an off-premise sign that the license holder
  unlawfully erects or maintains.
         (b)  A person may not be required to provide more than
  $10,000 in surety bonds.
         Sec. 394.0205.  RULES; FORMS. (a)  The commission may adopt
  rules to implement Sections 394.0201(a), 394.0202, 394.0203,
  394.0204, and 394.0206.
         (b)  For the efficient management and administration of this
  chapter and to reduce the number of employees required to enforce
  this chapter, the commission shall adopt rules for issuing
  standardized forms that are for submission by license holders and
  applicants and that provide for an accurate showing of the number,
  location, or other information required by the commission for each
  license holder's or applicant's off-premise signs or outdoor
  advertising under Chapter 391.
         (c)  The commission may not adopt a rule under this chapter
  that restricts competitive bidding or advertising by the holder of
  a license issued under this chapter other than a rule to prohibit
  false, misleading, or deceptive practices. The limitation provided
  by this section applies only to rules relating to the occupation of
  outdoor advertiser and does not affect the commission's power to
  regulate the orderly and effective display of an off-premise sign
  under this chapter. A rule to prohibit false, misleading, or
  deceptive practices may not:
               (1)  restrict the use of:
                     (A)  any legal medium for an advertisement;
                     (B)  the license holder's advertisement under a
  trade name; or
                     (C)  the license holder's personal appearance or
  voice in an advertisement, if the license holder is an individual;
  or
               (2)  relate to the size or duration of an advertisement
  by the license holder.
         Sec. 394.0206.  REVOCATION OR SUSPENSION OF LICENSE; APPEAL.
  (a)  The commission may revoke or suspend a license issued under
  this subchapter or place on probation a license holder whose
  license is suspended if the license holder violates this chapter or
  a rule adopted under this chapter. If the suspension of the license
  is probated, the department may require the license holder to
  report regularly to the commission on any matter that is the basis
  of the probation.
         (b)  The judicial appeal of the revocation or suspension of a
  license must be initiated not later than the 15th day after the date
  of the commission's action.
         (c)  The commission may adopt rules for the reissuance of a
  revoked or suspended license and may set fees for the reissuance.
         (d)  The commission may deny the renewal of a license
  holder's existing license if the license holder has not complied
  with the permit requirements of this chapter or Chapter 391.
         Sec. 394.0207.  APPLICABILITY OF LICENSE.  In addition to
  authorizing a person to erect or maintain an off-premise sign, a
  license issued under this chapter authorizes a person to erect or
  maintain outdoor advertising under Chapter 391.
         Sec. 394.027.  FEE AMOUNTS. The license and permit fees
  required by this subchapter may not exceed an amount reasonably
  necessary to cover the administrative costs incurred to enforce
  this chapter.
         Sec. 394.028.  EXCEPTIONS FOR CERTAIN NONPROFIT
  ORGANIZATIONS. (a)  The combined license and permit fees under this
  subchapter may not exceed $10 for an off-premise sign erected and
  maintained by a nonprofit organization in a municipality or a
  municipality's extraterritorial jurisdiction if the sign relates
  to or promotes only the municipality or a political subdivision
  whose jurisdiction is wholly or partly concurrent with the
  municipality.
         (b)  The nonprofit organization is not required to file a
  bond as provided by Section 394.0202(a)(3).
         Sec. 394.029.  DENIAL OF PERMIT; APPEAL. The commission may
  create a process by which an applicant may appeal a denial of a
  permit under this subchapter.
         (b)  The change in law made by Section 394.0201,
  Transportation Code, as added by this section, applies only to an
  off-premise sign erected or for which the permit expires on or after
  the effective date of this Act. An off-premise sign for which a
  permit is issued before the effective date of this Act is covered by
  the law in effect when the permit was issued, and the former law is
  continued in effect for that purpose.
         SECTION 6.15.  Section 394.050, Transportation Code, is
  amended to read as follows:
         Sec. 394.050.  [BOARD OF] VARIANCE.  The executive director
  or a person designated by the executive director [commission shall
  provide for a board of variance that], in an appropriate case and
  subject to an appropriate condition or safeguard, may make a
  special exception to this chapter regarding a permit for an
  off-premise outdoor sign on a rural road.
         SECTION 6.16.  Section 394.081(c), Transportation Code, is
  amended to read as follows:
         (c)  A civil penalty collected under this section shall be
  deposited to the credit of the Texas highway beautification [state
  highway] fund account if collected by the attorney general and to
  the credit of the county road and bridge fund if collected by a
  district or county attorney.
         SECTION 6.17.  Sections 394.082(a), (d), and (e),
  Transportation Code, are amended to read as follows:
         (a)  In lieu of a suit to collect a civil penalty, the
  commission, after notice and an opportunity for a hearing before
  the commission, may impose an administrative penalty against a
  person who [intentionally] violates this chapter or a rule adopted
  by the commission under this chapter. Each day a violation
  continues is a separate violation.
         (d)  Judicial review of an appeal of an administrative
  penalty imposed under this section is under the substantial
  evidence rule [by trial de novo].
         (e)  An administrative penalty collected under this section
  shall be deposited to the credit of the Texas highway
  beautification [state highway] fund account.
  ARTICLE 7. GREEN RIBBON PROJECT
         SECTION 7.01.  Subchapter I, Chapter 201, Transportation
  Code, is amended by adding Section 201.708 to read as follows:
         Sec. 201.708.  EXPENDITURES FOR HIGHWAY LANDSCAPING. (a)  
  For each contract for a highway project, including a tolled highway
  project, that is located in an area designated by the United States
  Environmental Protection Agency as a nonattainment or
  near-nonattainment area under Section 107(d) of the federal Clean
  Air Act (42 U.S.C. Section 7407), the department shall allocate to
  the district or districts in which the project is to be located
  one-half of one percent of the total amount to be spent under the
  contract for construction, maintenance, and improvement of the
  project to be used for landscaping improvements for the project or
  other projects in the district or districts.
         (b)  Landscaping improvements may include:
               (1)  planting of indigenous or adapted trees and other
  plants that are suitable for the climate in the area; and
               (2)  preparing the soil and installing irrigation
  systems for the growth of trees and plants.
  ARTICLE 8. REPEAL OF THE TRANS-TEXAS CORRIDOR
         SECTION 8.01.  Section 11.11(j), Tax Code, is amended to
  read as follows:
         (j)  For purposes of this section, any portion of a facility
  owned by the Texas Department of Transportation that is [part of the
  Trans-Texas Corridor, is] a rail facility or system[,] or is a
  highway in the state highway system[,] and that is licensed or
  leased to a private entity by that department under Chapter 91 or[,]
  223, [or 227,] Transportation Code, is public property used for a
  public purpose if the rail facility or system, highway, or facility
  is operated by the private entity to provide transportation or
  utility services. Any part of a facility, rail facility or system,
  or state highway that is licensed or leased to a private entity for
  a commercial purpose is not exempt from taxation.
         SECTION 8.02.  Section 25.06(c), Tax Code, is amended to
  read as follows:
         (c)  This section does not apply to:
               (1)  any portion of a facility owned by the Texas
  Department of Transportation that is [part of the Trans-Texas
  Corridor, is] a rail facility or system[,] or is a highway in the
  state highway system and that is licensed or leased to a private
  entity by that department under Chapter 91[, 227,] or 361,
  Transportation Code; or
               (2)  a leasehold or other possessory interest granted
  by the Texas Department of Transportation in a facility owned by
  that department that is [part of the Trans-Texas Corridor, is] a
  rail facility or system[,] or is a highway in the state highway
  system.
         SECTION 8.03.  Section 25.07(c), Tax Code, is amended to
  read as follows:
         (c)  Subsection (a) does not apply to:
               (1)  any portion of a facility owned by the Texas
  Department of Transportation that is [part of the Trans-Texas
  Corridor, is] a rail facility or system[,] or is a highway in the
  state highway system and that is licensed or leased to a private
  entity by that department under Chapter 91[, 227,] or 361,
  Transportation Code; or
               (2)  a leasehold or other possessory interest granted
  by the Texas Department of Transportation in a facility owned by
  that department that is [part of the Trans-Texas Corridor, is] a
  rail facility or system[,] or is a highway in the state highway
  system.
         SECTION 8.04.  Sections 201.616(a) and (b), Transportation
  Code, are amended to read as follows:
         (a)  Not later than December 1 of each year, the department
  shall submit a report to the legislature that details:
               (1)  the expenditures made by the department in the
  preceding state fiscal year in connection with:
                     (A)  the unified transportation program of the
  department;
                     (B)  turnpike projects and toll roads of the
  department; and
                     (C)  [the Trans-Texas Corridor;
                     [(D)]  rail facilities described in Chapter 91;
  [and
                     [(E)     non-highway facilities on the Trans-Texas
  Corridor if those expenditures are subject to Section 227.062(c);]
               (2)  the amount of bonds or other public securities
  issued for transportation projects; and
               (3)  the direction of money by the department to a
  regional mobility authority in this state.
         (b)  The report must break down information under Subsection
  (a)(1)(A) by program category and department district. The report
  must break down information under Subsections (a)(1)(B) and[,]
  (C)[, (D), and (E)] and Subsection (a)(3) by department district.
  The report must break down information under Subsection (a)(2) by
  department district and type of project.
         SECTION 8.05.  Section 202.112(a), Transportation Code, is
  amended to read as follows:
         (a)  The commission may purchase an option to acquire
  property for possible use in or in connection with a transportation
  facility[, including a facility as defined by Section 227.001,]
  before a final decision has been made as to whether the
  transportation facility will be located on that property.
         SECTION 8.06.  Section 222.003(e), Transportation Code, is
  amended to read as follows:
         (e)  The proceeds of bonds and other public securities issued
  under this section may not be used for any purpose other than any
  costs related to the bonds and other public securities and the
  purposes for which revenues are dedicated under Section 7-a,
  Article VIII, Texas Constitution. [The proceeds of bonds and other
  public securities issued under this section may not be used for the
  construction of a state highway or other facility on the
  Trans-Texas Corridor. For purposes of this section, the
  "Trans-Texas Corridor" means the statewide system of multimodal
  facilities under the jurisdiction of the department that is
  designated by the commission, notwithstanding the name given to
  that corridor.]
         SECTION 8.07.  Section 223.206(d), Transportation Code, is
  amended to read as follows:
         (d)  The department may not enter into a comprehensive
  development agreement with a private entity under this subchapter
  [or Section 227.023] that provides for the lease, license, or other
  use of rights-of-way or related property by the private entity for
  the purpose of constructing, operating, or maintaining an ancillary
  facility that is used for commercial purposes.
         SECTION 8.08.  Sections 223.208(c) and (f), Transportation
  Code, are amended to read as follows:
         (c)  The department may enter into a comprehensive
  development agreement under this subchapter [or under Section
  227.023(c)] with a private participant only if the project is
  identified in the department's unified transportation program or is
  located on a transportation corridor identified in the statewide
  transportation plan.
         (f)  A comprehensive development agreement entered into
  under this subchapter [or Section 227.023(c)] and any obligations
  incurred, issued, or owed under the agreement does not constitute a
  state security under Chapter 1231, Government Code.
         SECTION 8.09.  Section 372.001, Transportation Code, as
  redesignated by S.B. 1969 and H.B. 3139, Acts of the 81st
  Legislature, Regular Session, 2009, is amended to read as follows:
         Sec. 372.001. DEFINITIONS. In this chapter:
               (1)  "Toll project" means a toll project described by
  Section 201.001(b), regardless of whether the toll project:
                     (A)  is a part of the state highway system; or
                     (B)  is subject to the jurisdiction of the
  department.
               (2)  "Toll project entity" means an entity authorized
  by law to acquire, design, construct, finance, operate, and
  maintain a toll project, including:
                     (A)  the department under Chapter [227 or] 228;
                     (B)  a regional tollway authority under Chapter
  366;
                     (C)  a regional mobility authority under Chapter
  370; or
                     (D)  a county under Chapter 284.
         SECTION 8.10.  Section 371.001(2), Transportation Code, is
  amended to read as follows:
               (2)  "Toll project entity" means an entity authorized
  by law to acquire, design, construct, operate, and maintain a toll
  project, including:
                     (A)  the department[, including under Chapter
  227];
                     (B)  a regional tollway authority under Chapter
  366;
                     (C)  a regional mobility authority under Chapter
  370; or
                     (D)  a county under Chapter 284.
         SECTION 8.11.  Section 545.353, Transportation Code, is
  amended by adding Subsection (h-2) to read as follows:
         (h-2)  Notwithstanding Section 545.352(b) and Subsection (d)
  of this section, the commission may establish a speed limit of 85
  miles per hour on a part of the state highway system if:
               (1)  as a result of an engineering and traffic
  investigation the commission determines that 85 miles per hour is a
  reasonable and safe speed for that part of the highway system; and
               (2)  that part of the highway system is designed for
  travel at a speed of 85 miles per hour or more.
         SECTION 8.12.  Subchapter A, Chapter 621, Transportation
  Code, is amended by adding Section 621.008 to read as follows:
         Sec. 621.008.  COMMISSION'S AUTHORITY TO SET VEHICLE SIZE
  AND WEIGHT LIMITS. (a) The commission may authorize the operation
  of a vehicle that exceeds the height, length, or gross weight
  limitations of this chapter on a segment of a highway in the state
  highway system if supported by an engineering and traffic study
  that includes an analysis of the structural capacity of bridges and
  pavements, current and projected traffic patterns and volume, and
  potential effects on public safety.
         (b)  This section does not authorize the operation of a
  vehicle that exceeds a maximum axle weight authorized by this
  chapter or by Chapter 622 or 623.
         SECTION 8.13.  The following provisions of the
  Transportation Code are repealed:
               (1)  Section 201.618(e);
               (2)  Chapter 227;
               (3)  Section 284.0032;
               (4)  Section 366.305;
               (5)  Section 370.316; and
               (6)  Section 545.3531.
  ARTICLE 9. MOTOR CARRIER OVERSIZE AND
  OVERWEIGHT PERMITS
         SECTION 9.01.  Subchapter D, Chapter 623, Transportation
  Code, is amended by adding Section 623.0711 to read as follows:
         Sec. 623.0711.  PERMITS AUTHORIZED BY COMMISSION ORDER.  (a)
  The commission by order may authorize the department to issue a
  permit to a motor carrier, as defined by Section 643.001, to
  transport multiple loads of the same commodity over a state highway
  if all of the loads are traveling from and to the same general
  locations.
         (b)  The commission may not authorize the issuance of a
  permit that would violate federal regulations on size and weight
  requirements or authorize the issuance of a permit for equipment
  that could reasonably be dismantled for transportation as separate
  loads.
         (c)  To be eligible for a permit under this section, the
  department must determine that the state will benefit from the
  issuance of this type of expedited permitting process.
         (d)  Before the commission may adopt an order under this
  section, the department must complete a route and engineering study
  that considers:
               (1)  the estimated number of loads to be transported by
  the motor carrier under the permit;
               (2)  the size and weight of the commodity;
               (3)  available routes that can accommodate the size and
  weight of the vehicle and load to be transported;
               (4)  the potential roadway damage caused by repeated
  use of the road by the permitted vehicle;
               (5)  any disruption caused by the movement of the
  permitted vehicle; and
               (6)  safety to the traveling public.
         (e)  The commission may impose on the motor carrier any
  condition regarding routing, time of travel, axle weight, and
  escort vehicles necessary to ensure safe operation and minimal
  damage to the roadway.
         (f)  A permit issued under this section may provide multiple
  routes to reach the destination to minimize damage to the roadways.
         (g)  The commission shall require the motor carrier to file a
  bond in an amount set by the commission, payable to the department
  and conditioned on the motor carrier paying to the department any
  damage that is sustained to a state highway because of the operation
  of a vehicle under a permit issued under this section.
         (h)  The fee for a permit under this section may not exceed
  $7,000.
         (i)  The director of the department or a person designated by
  the director may suspend a permit issued under this section or alter
  a designated route because of:
               (1)  a change in pavement conditions;
               (2)  a change in traffic conditions;
               (3)  a geometric change in roadway configuration;
               (4)  construction or maintenance activity; or
               (5)  emergency or incident management.
         (j)  Permits issued under this section are subject to the
  administrative sanctions of Subchapter N.
         (k)  In this section, "commission" means the Texas
  Transportation Commission.
         SECTION 9.02.  Section 623.071, Transportation Code, is
  amended by adding Subsection (h) to read as follows:
         (h)  On completion of a route and engineering study, a single
  trip permit that exceeds the length established by Subsection (c)
  may be issued by the department and used in conjunction with an
  annual permit issued under Subsection (c) if the department
  determines that the additional length can be transported safely.
  ARTICLE 10. RAIL TRANSPORTATION DIVISION
         SECTION 10.01.  Section 91.001, Transportation Code, is
  amended by adding Subdivision (3-a) to read as follows:
               (3-a)  "Division" means the rail transportation
  division of the department.
         SECTION 10.02.  Subchapter A, Chapter 91, Transportation
  Code, is amended by adding Section 91.0041 to read as follows:
         Sec. 91.0041.  DUTIES OF RAIL TRANSPORTATION DIVISION. In
  addition to any other duty imposed on the division, the division
  shall:
               (1)  assure that rail transportation is an integral
  part of the department's transportation planning process;
               (2)  coordinate and oversee rail projects that are
  financed with money in the Texas rail relocation and improvement
  fund;
               (3)  develop and plan for improved passenger and
  freight rail facilities and services in this state; and
               (4)  coordinate the efforts of the department, the
  federal government, and private entities to continue the
  development of rail transportation facilities and services in this
  state.
  ARTICLE 11. ELECTRONIC SIGNS
         SECTION 11.01.  Chapter 544, Transportation Code, is amended
  by adding Section 544.013 to read as follows:
         Sec. 544.013.  CHANGEABLE MESSAGE SIGN SYSTEM. (a)  In this
  section, "changeable message sign" means a sign that conforms to
  the manual and specifications adopted under Section 544.001. The
  term includes a dynamic message sign.
         (b)  The Texas Department of Transportation shall actively
  manage a system of changeable message signs located on highways
  under the jurisdiction of that department to mitigate traffic
  congestion by providing current information to the traveling
  public, including information about traffic incidents, weather
  conditions, road construction, and alternative routes.
  ARTICLE 12. EFFECTIVE DATE
         SECTION 12.01.  This Act takes effect on the 91st day after
  the last day of the legislative session.