82R20907 JTS-D
 
  By: Hamilton H.B. No. 1724
 
  Substitute the following for H.B. No. 1724:
 
  By:  Phillips C.S.H.B. No. 1724
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to economically driven mobility projects.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter M, Chapter 201, Transportation Code,
  is amended by adding Section 201.948 to read as follows:
         Sec. 201.948.  ECONOMICALLY DRIVEN MOBILITY PROJECT
  ACCOUNT. (a) The economically driven mobility project account is
  an account in the fund. The account consists of revenue received
  from projects financed under this section and proceeds from
  obligations secured by revenue received from those projects. Money
  in the account may be used only to finance projects authorized under
  Section 201.943(d) and selected as economically driven using the
  process and criteria developed under this section.
         (b)  The department by rule shall develop a process and
  criteria for project review and selection using established
  economic principles for evaluating projects.
         (c)  The review process must evaluate projects based on
  established commercial economic development standards for
  evaluating the return on investment.
         (d)  Project selection criteria must prioritize projects
  that:
               (1)  promote economic development, including by
  creating employment and cash flow;
               (2)  have sustainable economic value; and
               (3)  enhance mobility and connectivity as opposed to
  promoting isolated projects.
         (e)  The department shall develop a project application
  process for local transportation planning entities, including
  municipalities, counties, metropolitan planning organizations,
  toll project entities as defined by Section 372.001, and public
  transportation entities under Subtitle K, to identify projects
  suitable for funding under this section.
         (f)  The department may contract with local governments or
  private entities for the construction of selected projects,
  including construction through pass-through toll agreements under
  Section 222.104, or may construct projects itself.
         (g)  Revenue from projects financed under this section must
  be deposited to the credit of the economically driven mobility
  project account. The department may contract with local
  governments or directly with private entities, including property
  owners, who will benefit from a selected project to recover amounts
  sufficient to cover the cost of the project and any associated debt
  service for the project. Revenue may include:
               (1)  payments under a project cost participation
  agreement with a local government or private entity;
               (2)  tax increment recovered from a transportation
  reinvestment zone; and
               (3)  other revenue derived from the increase of value
  attributable to a project financed under this section.
         (h)  Motor fuels tax revenue may not be used for the
  development of a project under this section.
         SECTION 2.  The Texas Department of Transportation shall
  establish the process and criteria for the selection of
  economically driven mobility projects as required by Section
  201.948, Transportation Code, as added by this Act, not later than
  September 1, 2012.
         SECTION 3.  This Act takes effect September 1, 2011.