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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a state agency to facilitate |
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public-private partnerships to plan and take action regarding |
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governmental projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 10, Government Code, is |
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amended by adding Chapter 2267 to read as follows: |
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CHAPTER 2267. GOVERNMENTAL PROJECTS AND INFRASTRUCTURE: TEXAS |
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PARTNERSHIPS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 2267.001. DEFINITIONS. In this chapter: |
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(1) "Agency" means Texas Partnerships. |
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(2) "Arbitrator" means a person appointed by the |
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governor under Section 2267.055. |
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(3) "Board" means the board of directors of Texas |
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Partnerships. |
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(4) "Governmental entity" means: |
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(A) a board, commission, department, or other |
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agency of the state, including an institution of higher education |
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as defined by Section 61.003, Education Code; and |
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(B) a political subdivision of the state, |
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including a municipality, a county, or any kind of district. |
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(5) "Infrastructure" includes a road, bridge, tunnel, |
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overpass, ferry, airport, mass transit facility, vehicle parking |
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facility, port facility, fuel supply facility, oil or gas pipeline, |
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transmission system, distribution system, water supply facility, |
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public work, waste treatment facility, telecommunications |
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facility, hospital, school, medical or nursing care facility, |
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public building, or other similar facility currently available, or |
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to be made available, to a governmental entity or for public use, |
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together with any structures, parking areas, appurtenances, and |
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other property required to operate such a structure or facility. |
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(6) "Project" includes: |
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(A) the planning, procurement, operation, |
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maintenance, rehabilitation, management, or other activities |
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connected with taking action regarding infrastructure by or on |
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behalf of a governmental entity; |
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(B) the delivery of a service to the public or to |
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a governmental entity; or |
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(C) the delivery of new systems required in |
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conjunction with or in support of an infrastructure or service |
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delivery project. |
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(7) "Public-private partnership" means an arrangement |
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between a governmental entity and a person that facilitates, |
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provides for, or contemplates the undertaking of a project by the |
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person on the basis that the governmental entity will identify the |
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performance requirements necessary to achieve the desired outcome |
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and the person will achieve that outcome. |
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Sec. 2267.002. AGENCY. Texas Partnerships is an agency of |
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the state governed by the board. |
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Sec. 2267.003. APPLICATION OF SUNSET, OPEN MEETINGS, AND |
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ADMINISTRATIVE PROCEDURES LAWS. (a) The agency is subject to |
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Chapter 325 (Texas Sunset Act). Unless continued in existence as |
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provided by that chapter, the agency is abolished and this chapter |
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expires September 1, 2021. |
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(b) The agency is subject to the open meetings law, Chapter |
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551, and the administrative procedure law, Chapter 2001. |
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Sec. 2267.004. APPLICATION OF OTHER LAW. The provisions of |
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this chapter relating to projects are in addition to other |
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procedures for planning or undertaking projects under this title or |
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other law. |
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[Sections 2267.005-2267.050 reserved for expansion] |
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SUBCHAPTER B. ADMINISTRATIVE PROVISIONS |
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Sec. 2267.051. COMPOSITION OF BOARD. (a) The board is |
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composed of seven members appointed by the governor with the advice |
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and consent of the senate. Members serve for staggered terms of six |
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years, with the terms of one-third, or as close to one-third as |
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possible, of the members expiring February 1 of each odd-numbered |
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year. |
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(b) Each member of the board must have knowledge, |
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experience, and expertise relevant to the business and affairs of |
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the agency. |
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Sec. 2267.052. PRESIDING OFFICER. The governor shall |
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designate a member of the board as the presiding officer of the |
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board to serve in that capacity at the pleasure of the governor. |
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Sec. 2267.053. DUTIES OF MEMBERS. Each member of the board |
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shall, in exercising the member's powers or performing the member's |
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duties: |
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(1) act honestly and in good faith in the best |
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interests of the agency; and |
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(2) exercise the care, diligence, and skill that a |
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reasonably prudent person would in comparable circumstances. |
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Sec. 2267.054. PERSONNEL. (a) The agency shall employ an |
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executive director. |
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(b) The executive director is the chief executive officer of |
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the agency and is charged with the general direction, supervision, |
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and control of the business of the agency and may exercise other |
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powers conferred on the executive director by rule of the board. |
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(c) The executive director may employ personnel necessary |
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to implement this chapter. |
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Sec. 2267.055. ARBITRATORS. The governor shall appoint one |
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or two persons as arbitrators. Arbitrators serve for a term of two |
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years. |
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Sec. 2267.056. IMMUNITY AND INDEMNITY OF EMPLOYEES AND |
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OTHERS; REIMBURSEMENT FOR EXPENSES. (a) A civil action to impose |
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liability for damages may not be commenced against a board member or |
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employee of the agency for: |
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(1) any act done or purported to be done in carrying |
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out the duties of the agency under this chapter if the act was done |
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in good faith in the exercise or performance or intended exercise or |
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performance of a power or duty under this chapter; or |
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(2) any neglect or default arising out of any act, |
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omission, decision, or determination made or arising out of or in |
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the course of the exercise or performance in good faith of any power |
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or duty under this chapter. |
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(b) Every member of the board or employee of the agency and |
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their heirs, executors, and estates shall be indemnified and held |
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harmless by the agency with respect to all costs, charges, and |
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expenses that the individual incurs in relation to any action or |
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other proceeding brought or prosecuted against the individual in |
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connection with the performance by the individual of the |
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individual's duties as a member of the board or employee of the |
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agency, except costs, charges, and expenses that are occasioned by |
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the individual's wilful neglect or wilful default. |
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(c) A member of the board or employee of the agency is |
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entitled to reimbursement for all other costs, charges, and |
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expenses the individual incurs in connection with the performance |
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of the individual's duties as a member or employee. |
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Sec. 2267.057. RULES. The board shall adopt rules to |
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implement this chapter. |
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[Sections 2267.058-2267.070 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 2267.071. GENERAL DUTIES. The agency shall: |
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(1) assist with and support and advise governmental |
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entities on the use of public-private partnerships for planning, |
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procurement, implementation, undertaking, financing, delivery, |
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operation, maintenance, management, or rehabilitation of projects, |
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including infrastructure projects; |
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(2) study, develop, formulate, establish, and |
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communicate to governmental entities policies and procedures for |
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the use of public-private partnerships for planning, procurement, |
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implementation, undertaking, financing, delivery, operation, |
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maintenance, management, or rehabilitation of projects, including |
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infrastructure projects; |
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(3) develop policies, procedures, protocols, and |
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methodology to assess and evaluate how projects should be financed |
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and otherwise undertaken through the use of public-private |
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partnerships so as to achieve optimum value for financial, social, |
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or economic benefit; |
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(4) provide services to governmental entities in |
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relation to the use of public-private partnerships for projects, |
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assess the feasibility of the use of public-private partnerships |
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for projects for governmental entities, or plan, procure, |
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implement, undertake, finance, develop, operate, maintain, manage, |
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or rehabilitate projects, including infrastructure projects, |
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through the use of public-private partnerships on behalf of |
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governmental entities; |
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(5) plan, procure, implement, undertake, finance, |
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deliver, operate, manage, maintain, rehabilitate, or otherwise |
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take action regarding projects, including infrastructure projects, |
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through the use of public-private partnerships as the governor may |
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direct; |
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(6) establish, update, and continually promote |
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consistent standards for the undertaking of projects through the |
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use of public-private partnerships within this state; |
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(7) contract with governmental entities to provide |
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service, advice, assistance, and direction in relation to the |
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undertaking of projects through the use of public-private |
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partnerships or the procurement, constructing, management, |
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maintenance, and rehabilitation of infrastructure through the use |
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of public-private partnerships; |
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(8) through the use of public-private partnerships, |
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acquire, hold, own, use, lease, license, sell, plan, design, |
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finance, refinance, develop, construct, improve, operate, manage, |
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maintain, repair, replace, alter, extend, expand, rehabilitate, |
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dispose of, or otherwise take action regarding infrastructure; |
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(9) through the use of public-private partnerships, |
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acquire, hold, own, use, lease, license, sell, dispose of, or |
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otherwise take action regarding land in conjunction with the |
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undertaking of a project or otherwise; and |
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(10) through the use of public-private partnerships, |
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carry out other activities or duties authorized by this chapter or |
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at the direction of the governor. |
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Sec. 2267.072. GENERAL POWERS. The agency may: |
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(1) through the use of public-private partnerships, |
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acquire, hold, lease, license, sell, encumber, mortgage, charge, |
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dispose of, or otherwise take action regarding land; |
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(2) through the use of public-private partnerships, |
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plan, procure, implement, undertake, finance, deliver, operate, |
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manage, maintain, rehabilitate, or otherwise take action regarding |
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projects, including infrastructure projects; |
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(3) enter into and amend an agreement with a |
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governmental entity; |
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(4) raise revenues through access fees, usage fees, |
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tolls, license fees, franchise fees, right-of-way charges, or the |
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lease or sale of commercial rights with respect to infrastructure |
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and other similar charges, in each case imposed through the use of |
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public-private partnerships in relation to projects, including |
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infrastructure projects or any infrastructure that is itself owned, |
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administered, or controlled by the agency; |
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(5) issue revenue bonds to pay for projects; |
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(6) charge fees to governmental entities with whom the |
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agency contracts or provides assistance, support, or advice in |
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relation to projects, including infrastructure projects; |
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(7) perform other activities as authorized by this |
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chapter or as incidental to or necessary for carrying out the |
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agency's duties; and |
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(8) perform other activities or duties as the governor |
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may direct. |
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Sec. 2267.073. UNDERTAKING OR EVALUATING PROJECTS. The |
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agency, in undertaking or evaluating a project through the use of |
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public-private partnerships on behalf of a governmental entity, |
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shall ensure that the project: |
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(1) provides optimal value for financial, social, or |
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economic benefits to this state; and |
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(2) enhances the economic and social well-being of |
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this state. |
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Sec. 2267.074. FINANCIAL REPORT. The agency shall, not |
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later than the 180th day after the end of the state fiscal year, |
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submit to the governor a report, in the form required by the |
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governor, on the operations of the agency during that fiscal year. |
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Sec. 2267.075. BONDS. The agency and the Texas Public |
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Finance Authority shall enter into a memorandum of understanding |
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that allocates the responsibility for issuing and selling bonds to |
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finance the acquisition or construction of buildings for which the |
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agency and the Texas Public Finance Authority, under Section |
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1232.102, each has authority. |
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[Sections 2267.076-2267.100 reserved for expansion] |
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SUBCHAPTER D. ARBITRATION |
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Sec. 2267.101. APPEAL. (a) A person who disputes liability |
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for a fee, usage fee, toll, license fee, franchise fee, |
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right-of-way charge, or other similar charge imposed in relation to |
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a project, including infrastructure that is itself owned, |
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administered, or controlled by the agency, may appeal that |
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liability to an arbitrator in accordance with the appeal procedure. |
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(b) The board by rule shall prescribe the appeal procedure. |
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Sec. 2267.102. ORDERS. On an appeal under this subchapter, |
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the arbitrator may make any order the arbitrator considers |
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appropriate, including: |
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(1) an order that the person who appealed pay none, |
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some, or all of the fee or charge; and |
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(2) an order that the person be repaid some or all of |
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the fee or charge. |
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SECTION 2. As soon as possible after the effective date of |
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this Act, the governor shall make the appointments required by |
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Chapter 2267, Government Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2009. |