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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of pass-through toll agreements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 222.104, Transportation Code, is amended |
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by amending Subsections (i) and (j) and adding Subsection (l) to |
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read as follows: |
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(i) Notwithstanding any other law, including Section |
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228.002(b), the department is responsible for the administration of |
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pass-through agreements under this section and is responsible [To
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the maximum extent permitted by law, the department may delegate
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the full responsibility] for the design, bidding, and construction, |
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including oversight and inspection, of the facility [to a
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municipality, county, regional mobility authority, or regional
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tollway authority with which the department enters into an
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agreement under this section]. |
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(j) An agreement under this section must provide that the |
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municipality, county, regional mobility authority, or regional |
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tollway authority is required to meet state design criteria, |
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construction specifications, and contract administration |
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procedures [unless the department grants an exception]. |
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(l) The department may not agree to pay a public or private |
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entity an amount more than an amount equal to the construction costs |
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of a project under an agreement under this section. |
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SECTION 2. The change in law made to Section 222.104, |
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Transportation Code, by this Act applies only to a pass-through |
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agreement entered into on or after September 1, 2009. A |
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pass-through agreement entered into before September 1, 2009, is |
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governed by the law in effect on the date the agreement was entered |
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into, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |