81R5376 MTB-D
 
  By: Harper-Brown H.B. No. 3395
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of the Transportation Legislative
  Oversight Committee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 6, Transportation Code, is
  amended by adding Chapter 205 to read as follows:
  CHAPTER 205. TRANSPORTATION LEGISLATIVE OVERSIGHT COMMITTEE
         Sec. 205.001.  DEFINITION. In this chapter, "committee"
  means the Transportation Legislative Oversight Committee.
         Sec. 205.002.  ESTABLISHMENT; COMPOSITION. (a) The
  Transportation Legislative Oversight Committee is established to
  provide objective research, analysis, and recommendations on the
  operation and needs of the state transportation system.
         (b)  The committee is composed of six members as follows:
               (1)  the chair of the Senate Committee on
  Transportation and Homeland Security;
               (2)  the chair of the House Committee on
  Transportation;
               (3)  two members of the senate appointed by the
  lieutenant governor; and
               (4)  two members of the house of representatives
  appointed by the speaker of the house of representatives.
         (c)  An appointed member of the committee serves at the
  pleasure of the appointing official.
         Sec. 205.003.  PRESIDING OFFICER; TERM. (a)  The lieutenant
  governor and the speaker of the house of representatives shall
  appoint the presiding officer of the committee on an alternating
  basis.
         (b)  The presiding officer of the committee serves a two-year
  term that expires February 1 of each odd-numbered year.
         Sec. 205.004.  POWERS AND DUTIES.  (a)  The committee shall:
               (1)  monitor the department's planning, programming,
  and funding of the state transportation system;
               (2)  conduct an in-depth analysis of the state
  transportation system that includes:
                     (A)  an assessment of the cost-effectiveness of
  the use of state, local, and private funds in the transportation
  system;
                     (B)  an identification of critical problems in the
  transportation system, such as funding constraints; and
                     (C)  a determination of the long-range needs of
  the transportation system;
               (3)  recommend to the legislature:
                     (A)  strategies to solve the problems identified
  under Subdivision (2)(B); and
                     (B)  policy priorities to address the long-range
  needs determined under Subdivision (2)(C); and
               (4)  advise and assist the legislature in developing
  plans, programs, and proposed legislation to improve the
  effectiveness of the state transportation system.
         (b)  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.
         Sec. 205.005.  REVIEW OF RESEARCH PROGRAM.  (a)  The
  department shall present the department's entire research program
  to the committee for review and comment before adopting or
  implementing the program.
         (b)  The committee shall review and comment on the
  department's research program, including each of the individual
  research projects and activities. The review of a proposed research
  project must include an evaluation of the purpose of the project,
  the proposed start and ending dates for the project, and the cost of
  the project.
         (c)  The department shall provide to the committee quarterly
  updates and an annual summary on the progress of the department's
  research projects and activities.
         (d)  The committee may request the results of any of the
  department's research projects, including draft reports from the
  department or the contracted entities performing the research.
         (e)  A university transportation research program in this
  state may:
               (1)  perform transportation research projects
  recommended by the committee; and
               (2)  initiate and propose transportation research
  projects to the committee.
         (f)  The committee may request assistance from a university
  transportation research program in this state in conducting
  transportation research and in reviewing, evaluating, and
  comparing elements of the state transportation system to the
  transportation systems in other states to set needed benchmarks.
         Sec. 205.006.  CONTRACT WITH CONSULTING FIRM.  (a)  The
  committee may contract with an outside management consulting firm
  that is independent of the department to make recommendations
  regarding an effective and efficient organizational structure for
  the department, including recommending appropriate performance
  measurements and staffing levels for each major function of the
  department, after review and analysis under Section 205.007.
         (b)  In performing its functions, the consulting firm shall
  coordinate with the Legislative Budget Board, the State Auditor's
  Office, and the department to minimize the duplication of efforts
  and to perform cost effectively and in a timely manner.
         (c)  The committee shall:
               (1)  oversee the implementation of the recommendations
  under this section with the goal of making the department more
  efficient, transparent, and accountable, including through
  reducing staff and streamlining processes; and
               (2)  assess the department's progress in implementing
  the recommendations under this section and report on the progress
  to the Senate Finance Committee and House Appropriations Committee
  for consideration in establishing the department's budget as part
  of the appropriations process.
         Sec. 205.007.  FUNCTIONS OF CONSULTING FIRM.  The primary
  functions of a management consulting firm the committee contracts
  with under Section 205.006 include:
               (1)  evaluating the department's financial condition
  and business practices;
               (2)  evaluating the department's administrative
  practices and performance, including statewide transportation
  planning, the department's relationship with metropolitan planning
  organizations, as defined by Section 472.031, the performance of
  the department's district and central offices, and the need for
  standardization of the department's operations across the state;
               (3)  evaluating the current guidelines of metropolitan
  planning organizations and all other transportation entities
  within the state involved with project delivery or transportation
  policy by identifying duplicative practices and providing
  recommendations for better efficiency and transparency;
               (4)  identifying ways to streamline all processes and
  procedures of policy implementations of the department, including
  the environmental process;
               (5)  examining and evaluating the use and benefits of
  performance-based maintenance contracting by the department;
               (6)  examining and presenting recommendations on how to
  maximize the department's use of multimodal solutions;
               (7)  analyzing the department's compliance with
  applicable laws and legislative intent;
               (8)  examining the efficient use of the department's
  available funding, personnel, equipment, and office space;
               (9)  evaluating the establishment in statute of a state
  pavement quality goal of having 85 percent of state roads in good or
  better condition; and
               (10)  considering significantly expanding the use of
  the private sector for planning, design, and delivery of projects
  and a commitment to excellence in project and program management.
         Sec. 205.008.  MEETINGS. The committee shall meet at the
  call of the presiding officer.
         Sec. 205.009.  STAFF; AUTHORITY TO CONTRACT. The committee
  may hire staff or may contract with universities or other suitable
  entities to assist the committee in carrying out the committee's
  duties. Funding to support the operation of the committee shall be
  provided from funds appropriated to the department.
         Sec. 205.010.  REPORT. Not later than January 1 of each
  odd-numbered year, the committee shall submit to the legislature a
  report that contains the recommendations described by Section
  205.004(a)(3).
         SECTION 2.  (a)  The speaker of the house of representatives
  and the lieutenant governor shall appoint members to the
  Transportation Legislative Oversight Committee under Chapter 205,
  Transportation Code, as added by this Act, not later than January 1,
  2010.
         (b)  Notwithstanding Section 205.003, Transportation Code,
  as added by this Act, the lieutenant governor, not later than
  January 15, 2010, shall appoint a presiding officer for the
  Transportation Legislative Oversight Committee. The presiding
  officer appointed by the lieutenant governor under this section
  serves a one-year term that begins on February 1, 2010, and ends on
  February 1, 2011.
         SECTION 3.  On the effective date of this Act:
               (1)  all employees of the Texas Department of
  Transportation who primarily perform duties related to the
  department's government and public affairs research section become
  employees of the Transportation Legislative Oversight Committee
  under Chapter 205, Transportation Code, as added by this Act; and
               (2)  all funds appropriated by the legislature to the
  Texas Department of Transportation for purposes related to the
  department's government and public affairs research section are
  transferred to the Transportation Legislative Oversight Committee
  under Chapter 205, Transportation Code, as added by this Act.
         SECTION 4.  This Act takes effect September 1, 2009.