Amend CSHB 300 by adding the following appropriately numbered
SECTION to ARTICLE 4 of the bill and renumbering subsequent
SECTIONS of that article accordingly:
SECTION ____. (a) Subchapter B, Chapter 223, Transportation
Code, is amended by adding Section 223.050 to read as follows:
Sec. 223.050. LIMITATION ON LENGTH OF CONTRACT FOR TOLL
PROJECT. The department may not enter into a contract related to a
toll project, including a managed lane, that has a term of more than
25 years.
(b) Section 223.203(f-1), Transportation Code, is amended
to read as follows:
(f-1) A private entity responding to a request for detailed
proposals issued under Subsection (f) may submit alternative
proposals based on comprehensive development agreements having
different terms, with the alternative terms in multiples of 5 [10]
years, ranging from 5 [10] years from the later of the date of final
acceptance of the project or the start of revenue operations by the
private entity to 25 [50] years from the later of the date of final
acceptance of the project or the start of revenue operations by the
private entity, not to exceed a total term of 27 [52] years or any
lesser term provided in a comprehensive development agreement.
(c) Section 223.208(h), Transportation Code, is amended to
read as follows:
(h) A comprehensive development agreement with a private
participant that includes the collection by the private participant
of tolls for the use of a toll project may be for a term not longer
than 25 [50] years from the later of the date of final acceptance of
the project or the start of revenue operations by the private
participant, not to exceed a total term of 27 [52] years. The
comprehensive development agreement must contain an explicit
mechanism for setting the price for the purchase by the department
of the interest of the private participant in the comprehensive
development agreement and related property, including any interest
in a highway or other facility designed, developed, financed,
constructed, operated, or maintained under the agreement.
(d) Section 223.050, Transportation Code, as added by this
section and Sections 223.203 and 223.208, Transportation Code, as
amended by this section, apply only to a contract entered into on or
after the effective date of this Act. A contract entered into
before the effective date of this Act is governed by the governed by
the law as it existed when the contract was entered into, and that
law is continued in effect for that purpose.