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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of regional mobility authorities to enter |
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into comprehensive development agreements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 370.305, Transportation Code, is amended |
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by amending Subsections (a) and (b) and adding Subsection (b-1) to |
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read as follows: |
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(a) [An authority may use a comprehensive development
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agreement with a private entity to construct, maintain, repair,
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operate, extend, or expand a transportation project.
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[(b)] A comprehensive development agreement is an agreement |
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with a private entity that, at a minimum, provides for the design |
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and construction of a transportation project and may also provide |
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for the financing, acquisition, maintenance, or operation of a |
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transportation project. |
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(b) Except as provided by Subsection (b-1), an authority may |
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enter into a comprehensive development agreement with a private |
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entity for the design and construction of a transportation project |
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and which may also provide for financing of a project. |
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(b-1) Unless specifically authorized by the legislature, an |
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authority may not enter into a comprehensive development agreement |
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with a private entity for the design and construction of a |
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transportation project if the comprehensive development agreement |
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entitles the private entity: |
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(1) to an ownership or leasehold interest in the |
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transportation project; or |
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(2) to the right to operate or retain revenue from the |
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transportation project. |
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SECTION 2. Sections 370.305(d), (e), and (f), |
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Transportation Code, are repealed. |
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SECTION 3. The changes in law made by Section 370.305, |
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Transportation Code, as amended by this Act, apply only to a |
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comprehensive development agreement entered into on or after the |
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effective date of this Act. A comprehensive development agreement |
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entered into before the effective date of this Act is governed by |
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the law in effect on that date, and that law is continued in effect |
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for that purpose. |
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SECTION 4. 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 on the 91st day after the last day of the |
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legislative session. |