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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation and administration of the Texas Local |
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Participation Transportation Program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 403, Government Code, is amended by |
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adding Subchapter O to read as follows: |
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SUBCHAPTER O. TEXAS LOCAL PARTICIPATION TRANSPORTATION PROGRAM |
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Sec. 403.351. DEFINITIONS. In this section: |
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(1) "Department" means the Texas Department of |
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Transportation. |
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(2) "Fund" means the Texas local participation |
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transportation fund. |
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(3) "Local project sponsor" means: |
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(A) a municipality; |
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(B) a county, including a county acting under |
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Chapter 284, Transportation Code; |
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(C) a regional mobility authority under Chapter |
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370, Transportation Code; or |
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(D) a regional tollway authority under Chapter |
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366, Transportation Code. |
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(4) "Program" means the Texas Local Participation |
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Transportation Program created under this subchapter. |
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(5) "Project" means a tolled or non-tolled facility: |
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(A) authorized under Section 222.104, |
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Transportation Code; and |
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(B) sponsored by a local project sponsor. |
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(6) "Total project cost" in connection with a project |
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means the estimated costs of: |
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(A) planning, environmental assessment, |
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regulatory permitting and compliance, design, construction, |
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construction oversight and inspection, right-of-way acquisition, |
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utility relocation, program management, legal services, and |
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financial advisory services; and |
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(B) financing, but only to the extent financing |
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costs relate to the securitization of amounts received from the |
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fund and received under an agreement made under Section 222.104, |
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Transportation Code. |
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Sec. 403.352. TEXAS LOCAL PARTICIPATION TRANSPORTATION |
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FUND. (a) The Texas local participation transportation fund is a |
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dedicated account in the general revenue fund. |
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(b) The fund is composed of: |
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(1) money transferred to the fund at the direction of |
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the legislature; |
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(2) gifts and grants contributed to the fund; |
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(3) interest and earnings received from investments of |
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money in the fund; and |
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(4) money repaid by a local project sponsor under a |
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loan made under this subchapter. |
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(c) Money in the fund may be used only for the |
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administration of this subchapter and may not be appropriated for |
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any other purpose. |
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(d) Sections 403.095 and 404.071 do not apply to the fund. |
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Sec. 403.353. GIFTS AND GRANTS. The comptroller may solicit |
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and accept gifts and grants to the fund. A gift or grant to the fund |
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may be used in the same manner as other money in the fund, subject to |
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any limitation or requirement placed on the gift or grant by the |
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donor or granting entity. |
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Sec. 403.354. RULEMAKING AUTHORITY. The comptroller may |
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adopt rules relating to the implementation of the program and any |
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other rules necessary to accomplish the purposes of this |
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subchapter. |
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Sec. 403.355. TEXAS LOCAL PARTICIPATION TRANSPORTATION |
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PROGRAM. (a) The comptroller shall administer a program to |
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encourage local project sponsors to participate in the delivery of |
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eligible projects by providing the sponsors disbursements from the |
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fund. |
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(b) In administering the program, the comptroller shall |
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develop a process for certifying the eligibility of projects |
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nominated by local project sponsors for disbursements from the |
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fund. The process must require a local project sponsor to submit a |
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request for certification that includes: |
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(1) a description of the benefits anticipated to |
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result from the project, including the impact on: |
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(A) local economic development and |
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diversification; |
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(B) congestion on public highways, future |
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mobility needs of this state, and the development or expansion of |
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transportation in the state; |
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(C) safety to the traveling public; and |
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(D) air quality; |
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(2) a description of local support for the project and |
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any known local public opposition; |
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(3) a proposed schedule for the development and |
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completion of the project, including an estimate of the date on |
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which the project will be open to traffic; and |
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(4) a commitment by the local project sponsor to |
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comply with all state or federal laws. |
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(c) In addition to information provided under Subsection |
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(b), a request for certification must contain: |
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(1) sufficient information to determine that the local |
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project sponsor is an entity eligible to receive funding under this |
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subchapter; |
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(2) a specific description of the project, including |
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project limits and connections with other transportation |
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facilities; |
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(3) identification of the scope of work to be |
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completed and a detailed estimate of total project costs; |
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(4) a commitment that the local project sponsor |
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intends to enter into an agreement for development of the project |
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under Section 222.104, Transportation Code; and |
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(5) a proposed plan for funding the project that: |
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(A) is in compliance with Subsection (d); and |
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(B) specifically identifies the contribution of |
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local sources to the total project cost. |
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(d) An eligible project may not receive more than 50 percent |
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of the total project cost from the fund. |
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Sec. 403.356. DETERMINATION OF CONTRIBUTION. For purposes |
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of determining the amount contributed by local sources to the total |
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project cost under Section 403.355, a sponsor may include, as |
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applicable, funds on hand, ad valorem taxes, local option taxes or |
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fees dedicated to the project, economic development grants, other |
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project specific gifts and grants, and, if the project is planned as |
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a toll facility, toll revenues. |
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Sec. 403.357. ADMINISTRATION OF PROGRAM. In administering |
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the program the comptroller shall: |
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(1) prepare an annual report projecting the amount of |
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funding available based on estimates of future deposits to the fund |
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and of money to be repaid to the fund by local project sponsors |
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under loans made under this subchapter; |
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(2) establish guidelines for disbursements from the |
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fund that link disbursements with proposed project development and |
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completion schedules submitted under Section 403.355(b)(3); and |
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(3) establish guidelines and protocols for use by the |
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department in certifying that a project for which a request for |
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certification is submitted is not inconsistent with existing and |
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planned improvements to the state highway system. |
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Sec. 403.358. PROJECT CERTIFICATION. (a) If the comptroller |
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finds that a project for which a request for certification is |
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submitted is eligible for disbursements from the fund, the |
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comptroller shall: |
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(1) issue a certification to the local project sponsor |
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to begin negotiations with the department under Section 222.104, |
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Transportation Code; and |
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(2) provide the department, based on the type of |
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projects that will most effectively meet the economic development |
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needs of this state, with guidelines that the department shall |
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follow in advancing projects authorized under Section 222.104, |
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Transportation Code, and negotiating agreements for projects under |
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that section, so that projects may be certified under this |
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subchapter as eligible for funding, including guidelines on: |
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(A) prescribing the roles and responsibility of |
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the parties for all significant work to be performed; |
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(B) delegating to the local project sponsor, to |
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the maximum extent permitted by law, the full responsibility for |
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project development; |
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(C) requiring a local project sponsor to meet |
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state design criteria, construction specifications, and contract |
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administration procedures unless the department grants an |
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exception; and |
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(D) defining the maximum total funds available |
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for the project in consideration of the total project costs and the |
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money available in the fund. |
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(b) A project for which a certification is issued under this |
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section does not require further approval by the department under |
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Section 222.104, Transportation Code, before an agreement may be |
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made. |
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Sec. 403.359. FUND DISBURSEMENTS. (a) After a project is |
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certified under this subchapter, the comptroller may make |
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disbursements from the fund to a local project sponsor in the form |
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of a grant or loan in accordance with guidelines established under |
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Section 403.357(2). |
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(b) The comptroller may not make a disbursement from the |
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fund for a project until there is a signed agreement under Section |
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222.104, Transportation Code, that is consistent with Section |
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403.358(a)(2). |
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Sec. 403.360. FEES. In connection with each application |
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for certification of a project under this subchapter, the |
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comptroller shall impose and collect from the local project sponsor |
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an application fee in an amount sufficient to cover the costs |
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incurred by the comptroller in administering this subchapter. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |