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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 subchapter: |
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(1) "Commission" means the Texas Transportation |
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Commission. |
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(2) "Department" means the Texas Department of |
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Transportation. |
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(3) "Fund" means the Texas local participation |
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transportation fund. |
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(4) "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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(5) "Program" means the Texas Local Participation |
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Transportation Program created under this subchapter. |
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(6) "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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(7) "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. |
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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 from the state highway fund may not be transferred |
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to the fund. |
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(d) Money in the fund may be used only for the |
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administration of the program and may not be appropriated for any |
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other purpose. |
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(e) 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 |
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solicit and accept gifts and grants to the fund. A gift or grant to |
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the fund may be used in the same manner as other money in the fund, |
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subject to any limitation or requirement placed on the gift or grant |
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by the donor or granting entity. |
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Sec. 403.354. RULEMAKING AUTHORITY. The comptroller may |
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adopt rules and guidelines relating to the comptroller's |
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responsibilities under this 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 financial assistance |
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from the 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 financial assistance from |
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the fund and for certifying that a project promotes economic |
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development and diversification in the area in which the project is |
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located. The process must require a local project sponsor to submit |
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a request for certification that includes: |
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(1) a description of the anticipated impact of the |
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project on local economic development and diversification; |
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(2) 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; |
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(3) sufficient information to determine that the |
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applicant is a local project sponsor eligible to receive funding |
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under this subchapter; |
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(4) 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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(5) identification of the scope of work to be |
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completed and a detailed estimate of total project costs, developed |
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after coordination with the department concerning the scope and |
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design criteria for the project; |
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(6) documentation demonstrating that the project is |
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included in the unified transportation program approved by the |
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commission and any applicable transportation plan for the area in |
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which the project is located; |
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(7) evidence that a copy of the request for |
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certification submitted to the comptroller was also submitted to |
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the department; and |
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(8) a proposed plan for funding the project that: |
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(A) is in compliance with Subsection (c); 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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(c) 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 local project sponsor may |
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include, as applicable, funds on hand, ad valorem taxes, local |
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option taxes or fees dedicated to the project, economic development |
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grants, other project-specific gifts and grants, and, if the |
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project is planned as 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; and |
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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)(2). |
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Sec. 403.358. PROJECT CERTIFICATION. 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 financial assistance from the fund and |
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that the project promotes economic development and diversification |
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in the area in which the project is located, the comptroller shall |
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issue a certification to the local project sponsor to begin |
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negotiations with the department under Section 222.104, |
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Transportation Code. The certification must identify the maximum |
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total funds available for the project in consideration of the total |
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project costs and the money available in the fund. |
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Sec. 403.359. FUND DISBURSEMENTS. (a) The disbursement of |
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funds by the comptroller is subject to the department's |
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certification that the project is consistent with the unified |
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transportation program and any applicable transportation plan for |
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the area in which the project is located, and that the project may |
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be effectively integrated with the state highway system. |
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(b) After a project is certified under Section 403.358 and |
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Subsection (a), the comptroller may make disbursements from the |
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fund to a local project sponsor in the form of a grant or loan in |
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accordance with guidelines established under Section 403.357(2). |
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(c) 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. The department may not be required |
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under the signed agreement to contribute any funding toward the |
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cost of the project. |
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(d) The comptroller may make disbursements from the fund to |
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reimburse the portion of total project costs composed of funds |
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contributed from local sources. The payment shall be made in the |
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same manner as a pass-through toll payment made under Section |
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222.104, Transportation Code. |
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Sec. 403.360. PROJECT DEVELOPMENT. An agreement negotiated |
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under Section 222.104, Transportation Code, for a project that |
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receives funding under this subchapter must: |
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(1) prescribe the roles and responsibilities of the |
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parties for all significant work to be performed; and |
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(2) provide that a local project sponsor is required |
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to meet state design criteria, construction specifications, and |
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contract administration procedures unless the department grants an |
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exception. |
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Sec. 403.361. 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. |