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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Texas Department of Transportation |
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and regional mobility authorities to enter into comprehensive |
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development agreements for certain projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 223.201, Transportation Code, is amended |
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by amending Subsections (f) and (i) and adding Subsections (j), |
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(k), (l), (m), (n), (o), (p), and (q) to read as follows: |
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(f) The department may [Except as provided by Subsections
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(h) and (i), the authority to] enter into a comprehensive |
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development agreement only for all or part of: |
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(1) the State Highway 99 (Grand Parkway) project; |
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(2) the Interstate Highway 35E managed lanes project |
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in Dallas and Denton Counties from Interstate Highway 635 to U.S. |
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Highway 380; |
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(3) the North Tarrant Express project in Tarrant and |
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Dallas Counties, including: |
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(A) on State Highway 183 from State Highway 121 |
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to State Highway 161 (Segment 2E); |
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(B) on Interstate Highway 35W from Interstate |
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Highway 30 to State Highway 114 (Segments 3A, 3B, and 3C); and |
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(C) on Interstate Highway 820 from State Highway |
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183 North to south of Randol Mill Road (Segment 4). |
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(4) the State Highway 183 managed lanes project in |
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Dallas County from State Highway 161 to Interstate Highway 35E; and |
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(5) the State Highway 249 project in Harris and |
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Montgomery Counties from Spring Cypress Road to Farm-to-Market Road |
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1774 [agreements provided by this section expires on August 31,
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2009]. |
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(i) The authority to enter into a comprehensive development |
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agreement for a project described by Subsection (f), other than the |
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State Highway 99 (Grand Parkway) project, or a project described by |
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Section 91.054 [exempted from Subsection (f) or Section 223.210(b)] |
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expires August 31, 2015 [2011]. |
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(j) Before the department may enter into a comprehensive |
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development agreement under Subsection (f), the department must: |
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(1) obtain the appropriate environmental clearance |
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not later than September 1, 2012, for any project other than the |
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State Highway 99 (Grand Parkway) project; |
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(2) present to the commission a full financial plan |
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for the project, including costing methodology and cost proposals; |
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and |
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(3) pay the full cost of procuring the agreement. |
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(k) A comprehensive development agreement for the North |
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Tarrant Express project may be comprised of a combination of |
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agreements with one or more private entities. |
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(l) A comprehensive development agreement for the North |
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Tarrant Express project may provide for negotiating and entering |
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into facility agreements for future phases or segments of the |
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project at the times that the department considers advantageous to |
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the department. |
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(m) The department is not required to use any further |
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competitive procurement process to enter into one or more related |
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facility agreements with the successful proposer or affiliates of |
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the successful proposer for a comprehensive development agreement |
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for the North Tarrant Express project. |
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(n) The department may include or negotiate any matter in a |
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comprehensive development agreement for the North Tarrant Express |
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project that the department considers advantageous to the |
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department. |
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(o) A comprehensive development agreement for the North |
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Tarrant Express project may provide the private participant with a |
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right of first negotiation under which the private participant or |
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its affiliates may elect to negotiate with the department and enter |
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into one or more related facility agreements for future phases or |
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segments of the project without the need to participate in any |
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further competitive procurement process. |
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(p) The department has exclusive judgment to determine the |
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terms of a comprehensive development agreement for the North |
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Tarrant Express project, including the matters to be negotiated |
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following selection of the private participant and the timing of |
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negotiations. |
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(q) The department may not develop a project under this |
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section as a project under Chapter 227. |
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SECTION 2. Subchapter E, Chapter 223, Transportation Code, |
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is amended by adding Section 223.2011 to read as follows: |
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Sec. 223.2011. LIMITED AUTHORITY FOR CERTAIN PROJECTS USING |
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COMPREHENSIVE DEVELOPMENT AGREEMENTS. (a) Notwithstanding |
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Section 223.201(f) and Sections 370.305(d) and (f), the department |
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or an authority under Section 370.003 may enter into a |
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comprehensive development agreement relating to improvements to, |
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or construction of: |
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(1) the Loop 1 (MoPac Improvement) project from |
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Farm-to-Market Road 734 to Cesar Chavez Street; |
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(2) a project consisting of the construction of: |
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(A) the Outer Parkway Project from U.S. Highway |
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77/83 to Farm-to-Market Road 1847; and |
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(B) the South Padre Island Second Access Causeway |
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Project from State Highway 100 to Park Road 100; or |
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(3) a project identified as part of the Hidalgo County |
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Loop System or the La Joya Bypass project. |
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(b) Before the department or an authority may enter into a |
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comprehensive development agreement under this section, the |
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department or the authority, as applicable, must meet the |
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requirements under Section 223.201(j). |
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(c) The authority to enter into a comprehensive development |
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agreement under this section expires August 31, 2015. |
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SECTION 3. Section 223.201(h), Transportation Code, is |
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repealed. |
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SECTION 4. (a) A governmental act taken or a decision made |
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by the Texas Department of Transportation and the Texas |
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Transportation Commission under Subchapter E, Chapter 223, |
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Transportation Code, before the effective date of this Act, to |
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negotiate, execute, or otherwise enter into a comprehensive |
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development agreement or facility agreement relating to the North |
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Tarrant Express Project is conclusively presumed, as of the date |
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the act or decision occurred, to be valid and to have occurred in |
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accordance with all applicable law. |
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(b) This Act does not validate any governmental act or |
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decision that: |
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(1) was void at the time the act or decision occurred; |
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(2) violates the terms of federal law or a federal |
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waiver; or |
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(3) was a misdemeanor or a felony under a statute of |
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this state or the United States at the time the act or decision |
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occurred. |
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(c) This Act does not apply to any matter that on the |
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effective date of this Act: |
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(1) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final court |
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judgment; or |
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(2) has been held invalid by a final court judgment. |
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SECTION 5. 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, 2011. |