|
ANALYSIS
C.S.S.B. 507 amends Subchapter
A, Chapter 2267, Government Code, as added by Chapter 1334 (S.B. 1048), Acts
of the 82nd Legislature, Regular Session, 2011, to require a qualifying
project that is to be performed or located in a municipality to comply with
the zoning and land use regulations of the municipality. The bill exempts
from this requirement a qualifying project that uses a building, other
structure, or land under the control, administration, or jurisdiction of a
state agency for the same public purposes for which the state agency is
authorized under the governing law that established the agency to use the
building, structure, or land and exempts a qualifying project located within
the Capitol Complex.
C.S.S.B. 507, if a qualifying
project involving a state facility or state-owned land does not comply with
the zoning and land use regulations of a municipality and the municipality
denies a rezoning request for the qualifying project, authorizes the matter
to be appealed to a special board of review consisting of the following
members: the land commissioner, the administrative head of the
governing body of the responsible governmental entity, the mayor of the
municipality, the county judge of the county in which the municipality
is located, one state senator from the area impacted by the project selected
by the lieutenant governor, one member of the house of representatives from
the area impacted by the project selected by the speaker of the house of
representatives, and the Partnership Advisory Commission member
appointed by the governor. The bill requires the land commissioner to serve
as presiding officer of the special board of review. The bill requires
the special board of review to conduct one or more public hearings to
consider the proposed qualifying project and requires the hearings to be
conducted in accordance with rules adopted by the General Land Office for
conduct of special review. The bill specifies that the hearings are not
considered a contested case proceeding under the Administrative Procedure Act.
C.S.S.B. 507 requires the
special board of review, if it determines that the zoning and land use
regulations are detrimental to the best interest of the state after
conducting the hearings required by the bill, to issue an order establishing
a development plan to govern the use of the real property related to the
qualifying project. The bill requires development of the real property to be
in accordance with the plan and to comply with all applicable municipal
regulations, orders, or ordinances except as specifically identified by the
order of the special board of review. The bill, if substantial progress is
not made in implementing the qualifying project before the fifth anniversary
of the date the development plan is adopted by the special board of review, establishes
that the municipal zoning and land use regulations become applicable to
development of the property, unless the special board of review adopts a new
development plan. The bill specifies that a development plan adopted by the
special board of review and any plan accepted by a responsible governmental
entity is final and binding on the state, the responsible governmental
entity, lessees, successors in interest and assigns, and the affected
municipality unless revised by the special board of review. The bill
prohibits a responsible governmental entity, builder, developer, or any other
person from modifying the development plan without specific approval by the
special board of review.
C.S.S.B. 507 prohibits an
employee of a responsible governmental entity or a person related to the
employee within the second degree by consanguinity or affinity from accepting
money, a financial benefit, or other consideration from a contracting person
that has entered into a comprehensive agreement with the responsible
governmental entity. The bill prohibits a contracting person from employing
or entering into a professional services contract or a consulting services contract
under the Professional Services Procurement Act with a former or retired
employee of the responsible governmental entity with which the person has
entered into a comprehensive agreement before the first anniversary of the
date on which the former or retired employee terminates employment with the
entity and specifies that this provision does not prohibit the contracting
person from entering into a professional services contract with a
corporation, firm, or other business organization that employs a former or
retired employee of the responsible governmental entity before the first
anniversary of the date the former or retired employee terminates employment
with the entity if the former or retired employee does not perform services
for the corporation, firm, or other business organization under the
comprehensive agreement with the responsible governmental entity that the
former or retired employee worked on before terminating employment with the
entity.
C.S.S.B. 507, in a provision
that does not take effect if legislation exempting property in the Capitol
Complex from provisions governing public and private facilities and
infrastructure is passed and signed into law, amends Section 2267.051,
Government Code, as added by Chapter 1334 (S.B. 1048), Acts of the 82nd
Legislature, Regular Session, 2011. The bill creates an exception for a
qualifying project on property located within the Capitol Complex to
provisions of law requiring approval of the responsible governmental entity
before a person can develop or operate a qualifying project. The bill prohibits
a person from developing or operating a qualifying project on property located
within the Capitol Complex unless the person obtains the approval of and
contracts with the responsible governmental entity under the relevant
statutory provisions. The bill prohibits the person from initiating the
approval process by submitting a proposal requesting approval, except that the
responsible governmental entity is authorized to request proposals or invite
bids.
C.S.S.B. 507 amends Section
2267.052, Government Code, as added by Chapter 1334 (S.B. 1048), Acts of the
82nd Legislature, Regular Session, 2011, to require the established guidelines
that must be adopted and made publicly available before a responsible governmental
entity that is a state agency or institution of higher education may request
or consider a proposal for a qualifying project to require the entity to
evaluate the design quality, life-cycle costs, and relationship to any
relevant comprehensive planning or zoning requirements of a proposed
qualifying project that improves real property. The bill, in provisions
requiring those guidelines to require public notice of a proposal requesting
approval of a qualifying project to be posted and published for a certain period,
to require the notice to be posted and published for not less than 45 days or
more than 180 days, or a longer period specified by the governing body of the
responsible governmental entity to accommodate a large-scale project. The
bill requires the guidelines for a responsible governmental entity that is a
political subdivision of the state to include the guidelines established by
law and by the bill for an entity that is a state agency or institution of
higher education.
C.S.S.B. 507 requires the
employees of a governmental entity used to provide independent analyses of a
proposal for a qualifying project as an alternative to using qualified
professionals to provide the analyses to be employees who are similarly
qualified to the qualified professionals. The bill requires the analyses, if
the qualifying project proposal is for the construction or renovation of a
structure and the estimated cost of the project is $5 million or more, to
include an analysis by an architect, a professional engineer, and a certified
public accountant. The bill requires an entity that is a state agency or
institution of higher education to submit a copy of such guidelines adopted
by the entity to the Partnership Advisory Commission for approval. The bill
requires the commission to prescribe the procedure for submitting the
guidelines for review. The bill prohibits the entity from requesting or
considering a proposal for a qualifying project until the guidelines are
approved by the commission. The bill specifies that the guidelines are
considered disapproved unless the commission by majority vote of the
commission members present and voting approves the guidelines not later than
the 90th day after the date the commission receives the copy of the
guidelines from the responsible governmental entity.
C.S.S.B. 507 amends Section
2267.053, Government Code, as added by Chapter 1334 (S.B. 1048), Acts of the
82nd Legislature, Regular Session, 2011, in provisions requiring a proposal
requesting approval of a qualifying project from a private entity or other
person to be accompanied by certain items, unless waived by the responsible
governmental entity, to require the proposal to be accompanied by a statement
of the specific public purpose served by the qualifying project and a
statement describing the qualifying project's compliance with the responsible
governmental entity's best value determination. The bill requires a
responsible governmental entity that accepts an unsolicited proposal for a
qualifying project, in accordance with statutory provisions and bill
provisions relating to notice for certain projects, to select the contracting
person for the project by soliciting additional proposals through a request
for qualifications, request for proposals, or invitation to bid.
C.S.S.B. 507 requires a
responsible governmental entity to make a best value determination in
evaluating the proposals received. The bill, in provisions authorizing the
entity to consider certain factors when evaluating the proposals received,
authorizes the entity to consider the overall quality of the qualifying
project; the relationship and conformity of the qualifying project to a state
or local community plan impacted by the qualifying project or to the uses of
property surrounding the qualifying project; the historic significance of the
property on which the qualifying project is proposed to be located; and the
environmental impact of the qualifying project. The bill authorizes a
responsible governmental entity to approve a qualifying project that the
governmental entity determines serves a public purpose and requires the
entity to include in the comprehensive agreement for the qualifying project a
written declaration of the specific public purpose served by the project. The
bill requires the responsible entity to take action to protect confidential
and proprietary information provided by a proposer, in addition to the
contracting person, under an agreement. The bill includes drafts of any
interim agreement or comprehensive agreement in the copies of detailed
proposals that each responsible governmental entity is required to submit to
the commission before entering into an interim or comprehensive agreement and
removes the specification that such copies of detailed proposals be submitted
before entering into the negotiation of an interim or comprehensive agreement.
C.S.S.B. 507 amends Section
2267.058(a), Government Code, as added by Chapter 1334 (S.B. 1048), Acts of
the 82nd Legislature, Regular Session, 2011, to revise provisions requiring a
comprehensive agreement between a contracting person and a responsible
governmental entity to provide for the review of plans and specifications for
the qualifying project by the entity. The bill prohibits the contracting
person from being required to provide final design documents for a qualifying
project before the execution of a comprehensive agreement, rather than prohibiting
the contracting person from being required to complete the design of a
qualifying project before such execution.
C.S.S.B. 507 amends the
Government Code to remove provisions relating to specified records of a
contracting person becoming public information. The bill instead excludes trade
secrets, proprietary information, and financial records of a proposer, as
defined by the bill, from disclosure under specified provisions of state
public information law and prohibits such information from being posted or
made available for public inspection except as otherwise agreed to by the
responsible governmental entity and the proposer. The bill specifies that the
trade secrets, proprietary information, and financial records of the proposer,
after submission by a responsible governmental entity of a detailed
qualifying project proposal to the commission, are not protected from
disclosure unless expressly excepted from the requirements of the state public
information law or considered confidential under other law. The bill requires
the public hearing on a proposal during the proposal review process to be
held in the area in which the proposed qualifying project is to be performed.
The bill requires the responsible governmental entity, after making the
proposed comprehensive agreement available for public inspection, to hold a
public hearing on the final version of the proposed comprehensive agreement
and vote on the proposed agreement after the hearing. The bill requires the
hearing to be held not later than the 10th day before the date the entity
enters into a comprehensive agreement with a contracting person.
C.S.S.B. 507 amends Subchapter
B, Chapter 2267, Government Code, as added by Chapter 1334 (S.B. 1048), Acts
of the 82nd Legislature, Regular Session, 2011, in provisions that do not
take effect if legislation exempting property in the Capitol Complex from
provisions governing public and private facilities and infrastructure is
passed and signed into law, to require a qualifying project for property
located in the Capitol Complex to be consistent with Capitol Complex design
guidelines or standards adopted as part of a 1989 planning process or
subsequently adopted based on a Capitol Complex master plan. The bill
requires a responsible governmental entity to include the design guidelines
and standards in the request for proposals or invitation for bids for the
development or operation of a qualifying project and inform the persons who
submit proposals of the requirement to comply with the design guidelines and
standards. The bill requires the final proposal or invitation to be submitted
to the State Preservation Board for verification that the proposal complies
with the standards. The bill requires an entity to submit a final qualifying
project proposal for property located in the Capitol Complex to the State
Preservation Board. The bill authorizes the State Preservation Board by
majority vote to disapprove the proposal not later than the 60th day after
the date the proposal is received. The bill, in a temporary provision set to
expire September 1, 2015, prohibits a responsible governmental entity from
approving a qualifying project proposal for property in the Capitol Complex
before September 1, 2015.
C.S.S.B. 507 amends the
Government Code to decrease from 11 to six the number of members of the Partnership
Advisory Commission, to decrease from three to one the number of
representatives serving on the commission appointed by the speaker of the
house of representatives, and to decrease from three to one the number of
senators appointed by the lieutenant governor. The bill removes provisions
authorizing the designees of the chairs of the House Appropriations Committee
and the Senate Finance Committee to serve on the commission. The bill also
changes the governor's appointments to the commission to remove the three
representatives of the executive branch appointed by the governor and to
instead add one public member to the commission appointed by the governor.
The bill adds the executive director of the State Preservation Board to the
commission and provides that the executive director serves as a nonvoting
member. The bill requires the executive director to serve as presiding
officer of the commission, rather than requiring commission members to elect a
presiding officer from among the legislative members. The bill requires the
State Preservation Board to provide administrative staff support for the commission.
The bill authorizes the commission by majority vote to disapprove a
qualifying project proposal submitted by a governmental entity that is a
state agency or institution of higher education
C.S.S.B. 507 amends the Local
Government Code to create an exception for the bill's provisions relating to
the applicability of municipal zoning regulation to provisions of law establishing
exceptions to municipal zoning authority.
C.S.S.B. 507 amends the Natural
Resources Code to exempt the real property located in the Capitol Complex
from statutory provisions relating to duties of the asset management division
of the General Land Office in connection with certain real property.
|
|
SENATE ENGROSSED
|
HOUSE COMMITTEE
SUBSTITUTE
|
|
SECTION 1. Section 2166.001,
Government Code, is amended.
|
SECTION 1. Same as engrossed
version.
|
|
SECTION 2. Section 2267.001,
Government Code, as added by Chapter 1334 (S.B. 1048), Acts of the 82nd
Legislature, Regular Session, 2011, is amended by adding Subdivision (1-a)
to read as follows:
(1-a)
"Commission" means the Partnership Advisory Commission
established under Chapter 2268.
|
SECTION 2. Section 2267.001,
Government Code, as added by Chapter 1334 (S.B. 1048), Acts of the 82nd
Legislature, Regular Session, 2011, is amended by adding Subdivisions (1-a)
and (9-b) to read as follows:
(1-a)
"Commission" means the Partnership Advisory Commission
established under Chapter 2268.
(9-b) "Proposer" means a private entity that submits a
proposal for a qualifying project to a responsible governmental entity.
|
|
SECTION 3. Subchapter A,
Chapter 2267, Government Code, as added by Chapter 1334 (S.B. 1048), Acts
of the 82nd Legislature, Regular Session, 2011, is amended by adding
Sections 2267.005, 2267.006, 2267.007, and 2267.008 to read as follows:
Sec. 2267.005.
APPLICABILITY OF MUNICIPAL ZONING REGULATIONS.
Sec. 2267.006. SPECIAL
BOARD OF REVIEW. (a) If a qualifying project does not comply with the
zoning and land use regulations of a municipality as required by Section
2267.005 and the municipality denies a rezoning request for the qualifying
project, the matter may be appealed to a special board of review consisting
of the following members:
(1) the land
commissioner;
(2) the administrative
head of the governing body of the responsible governmental entity;
(3) the mayor of the
municipality;
(4) the county judge of
the county in which the municipality is located;
(5) one state senator
selected by the lieutenant governor;
(6) one member of the
house of representatives selected by the speaker of the house; and
(7) the commission member
appointed by the governor.
(b) The land commissioner
shall serve as presiding officer of the special board of review.
(c) The special board of
review shall conduct one or more public hearings to consider the proposed
qualifying project. The hearings must be conducted in accordance with
rules adopted by the General Land Office for conduct of special review.
The hearings are not considered a contested case proceeding under Chapter
2001.
(d) If after the
hearings, the special board of review determines that the zoning and land
use regulations are detrimental to the best interest of this state, the
special board of review shall issue an order establishing a development
plan to govern the use of the real property related to the qualifying
project. Development of the real property must be in accordance with the
plan and comply with all applicable municipal regulations, orders, or
ordinances except as specifically identified by the order of the special
board of review. If substantial progress is not made in implementing the
qualifying project before the fifth anniversary of the date the development
plan is adopted by the special board of review, the municipal zoning and
land use regulations become applicable to development of the property,
unless the special board of review adopts a new development plan.
(e) A development plan
adopted by the special board of review and any plan accepted by a
responsible governmental entity is final and binding on the state, the
responsible governmental entity, lessees, successors in interest and assigns,
and the affected municipality unless revised by the special board of
review.
(f) A responsible
governmental entity, builder, developer, or any other person may not modify
the development plan without specific approval by the special board of
review.
Sec. 2267.007. CONFLICT
OF INTEREST.
Sec. 2267.008. PROHIBITED
EMPLOYMENT WITH FORMER OR RETIRED GOVERNMENTAL ENTITY EMPLOYEES.
|
SECTION 3. Subchapter A,
Chapter 2267, Government Code, as added by Chapter 1334 (S.B. 1048), Acts
of the 82nd Legislature, Regular Session, 2011, is amended by adding
Sections 2267.005, 2267.006, 2267.007, and 2267.008 to read as follows:
Sec. 2267.005.
APPLICABILITY OF MUNICIPAL ZONING REGULATIONS.
Sec. 2267.006. SPECIAL
BOARD OF REVIEW. (a) If a qualifying project involving a state facility or state-owned land does not comply
with the zoning and land use regulations of a municipality as required by
Section 2267.005 and the municipality denies a rezoning request for the
qualifying project, the matter may be appealed to a special board of review
consisting of the following members:
(1) the land
commissioner;
(2) the administrative
head of the governing body of the responsible governmental entity;
(3) the mayor of the
municipality;
(4) the county judge of
the county in which the municipality is located;
(5) one state senator from the area impacted by the project,
selected by the lieutenant governor;
(6) one member of the
house of representatives from the area
impacted by the project, selected by the speaker of the house of
representatives; and
(7) the commission
member, appointed by the governor.
(b) The land commissioner
shall serve as presiding officer of the special board of review.
(c) The special board of
review shall conduct one or more public hearings to consider the proposed
qualifying project. The hearings must be conducted in accordance with
rules adopted by the General Land Office for conduct of special review.
The hearings are not considered a contested case proceeding under Chapter
2001.
(d) If after the
hearings, the special board of review determines that the zoning and land
use regulations are detrimental to the best interest of this state, the
special board of review shall issue an order establishing a development
plan to govern the use of the real property related to the qualifying
project. Development of the real property must be in accordance with the
plan and comply with all applicable municipal regulations, orders, or
ordinances except as specifically identified by the order of the special
board of review. If substantial progress is not made in implementing the
qualifying project before the fifth anniversary of the date the development
plan is adopted by the special board of review, the municipal zoning and
land use regulations become applicable to development of the property,
unless the special board of review adopts a new development plan.
(e) A development plan
adopted by the special board of review and any plan accepted by a
responsible governmental entity is final and binding on the state, the
responsible governmental entity, lessees, successors in interest and
assigns, and the affected municipality unless revised by the special board
of review.
(f) A responsible
governmental entity, builder, developer, or any other person may not modify
the development plan without specific approval by the special board of
review.
Sec. 2267.007. CONFLICT
OF INTEREST.
Sec. 2267.008. PROHIBITED
EMPLOYMENT WITH FORMER OR RETIRED GOVERNMENTAL ENTITY EMPLOYEES.
|
|
SECTION 4. Section 2267.051,
Government Code, as added by Chapter 1334 (S.B. 1048), Acts of the 82nd
Legislature, Regular Session, 2011, is amended.
|
SECTION 4. Same as engrossed
version.
|
|
SECTION 5. Section 2267.052,
Government Code, as added by Chapter 1334 (S.B. 1048), Acts of the 82nd
Legislature, Regular Session, 2011, is amended by amending Subsections (b)
and (c) and adding Subsection (d) to read as follows:
(b) The guidelines for a
responsible governmental entity described by Section 2267.001(5)(A) must:
(1) require the responsible
governmental entity to:
(A) make a representative of
the entity available to meet with persons who are considering submitting a
proposal; and
(B) provide notice of the
representative's availability;
(2) provide reasonable
criteria for choosing among competing proposals;
(3) contain suggested
timelines for selecting proposals and negotiating an interim or
comprehensive agreement;
(4) allow the responsible
governmental entity to accelerate the selection, review, and documentation
timelines for proposals involving a qualifying project considered a
priority by the entity;
(5) include financial review
and analysis procedures that at a minimum consist of:
(A) a cost-benefit analysis;
(B) an assessment of
opportunity cost;
(C) consideration of the degree
to which functionality and services similar to the functionality and
services to be provided by the proposed project are already available in
the private market; and
(D) consideration of the
results of all studies and analyses related to the proposed qualifying
project;
(6) allow the responsible
governmental entity to consider the nonfinancial benefits of a proposed
qualifying project;
(7) include criteria for:
(A) the qualifying project,
including the scope, costs, and duration of the project and the involvement
or impact of the project on multiple public entities;
(B) the creation of and the
responsibilities of an oversight committee, with members representing the
responsible governmental entity, that acts as an advisory committee to
review the terms of any proposed interim or comprehensive agreement; and
(C) compliance with the
requirements of Chapter 2268;
(8) require the responsible
governmental entity to analyze the adequacy of the information to be
released by the entity when seeking competing proposals and require that
the entity provide more detailed information, if the entity determines
necessary, to encourage competition, subject to Section 2267.053(g);
(9) establish criteria, key
decision points, and approvals required to ensure that the responsible
governmental entity considers the extent of competition before selecting
proposals and negotiating an interim or comprehensive agreement; and
(10) require the posting and
publishing of public notice of a proposal requesting approval of a
qualifying project, including:
(A) specific information and
documentation regarding the nature, timing, and scope of the qualifying
project, as required under Section 2267.053(a);
(B) a reasonable period,
as determined by the responsible governmental entity, of not less than
45 days or more than 180 days, or a longer period specified by the
governing body of the responsible governmental entity to accommodate a
large-scale project, [as determined by the responsible governmental
entity,] to encourage competition and partnerships with private
entities and other persons in accordance with the goals of this chapter,
during which the responsible governmental entity must accept submission of
competing proposals for the qualifying project; and
(C) a requirement for
advertising the notice on the governmental entity's Internet website and on
TexasOnline or the state's official Internet website.
(c) The guidelines of a
responsible governmental entity described by Section 2267.001(5)(B) must
include:
(1) [may include] the
provisions required under Subsection (b); and
(2) [must include] a
requirement that the governmental entity engage the services of qualified
professionals, including an architect, professional engineer, or certified
public accountant, not otherwise employed by the governmental entity, to
provide independent analyses regarding the specifics, advantages,
disadvantages, and long-term and short-term costs of any proposal
requesting approval of a qualifying project unless the governing body of the
governmental entity determines that the analysis of the proposal is to be
performed by employees of the governmental entity.
(d) A responsible
governmental entity described by Section 2267.001(5)(A) shall submit a copy
of the guidelines adopted by the entity under this section to the
commission for approval by the commission. The commission shall prescribe
the procedure for submitting the guidelines for review under this section.
The governmental entity may not request or consider a proposal for a
qualifying project until the guidelines are approved by the commission.
|
SECTION 5. Section 2267.052,
Government Code, as added by Chapter 1334 (S.B. 1048), Acts of the 82nd
Legislature, Regular Session, 2011, is amended by amending Subsections (b)
and (c) and adding Subsections (c-1) and (d) to read as follows:
(b) The guidelines for a
responsible governmental entity described by Section 2267.001(5)(A) must:
(1) require the responsible
governmental entity to:
(A) make a representative of
the entity available to meet with persons who are considering submitting a
proposal; and
(B) provide notice of the
representative's availability;
(2) provide reasonable
criteria for choosing among competing proposals;
(3) contain suggested
timelines for selecting proposals and negotiating an interim or
comprehensive agreement;
(4) allow the responsible
governmental entity to accelerate the selection, review, and documentation
timelines for proposals involving a qualifying project considered a
priority by the entity;
(5) include financial review
and analysis procedures that at a minimum consist of:
(A) a cost-benefit analysis;
(B) an assessment of
opportunity cost;
(C) consideration of the
degree to which functionality and services similar to the functionality and
services to be provided by the proposed project are already available in
the private market; and
(D) consideration of the
results of all studies and analyses related to the proposed qualifying
project;
(6) allow the responsible
governmental entity to consider the nonfinancial benefits of a proposed
qualifying project;
(7) for a proposed qualifying project to improve real property,
require the responsible governmental entity to evaluate the project's
design quality, life-cycle costs, and relationship to any relevant
comprehensive planning or zoning requirements;
(8) include criteria
for:
(A) the qualifying project,
including the scope, costs, and duration of the project and the involvement
or impact of the project on multiple public entities;
(B) the creation of and the
responsibilities of an oversight committee, with members representing the
responsible governmental entity, that acts as an advisory committee to
review the terms of any proposed interim or comprehensive agreement; and
(C) compliance with the
requirements of Chapter 2268;
(9) [(8)]
require the responsible governmental entity to analyze the adequacy of the
information to be released by the entity when seeking competing proposals
and require that the entity provide more detailed information, if the
entity determines necessary, to encourage competition, subject to Section
2267.053(g);
(10) [(9)]
establish criteria, key decision points, and approvals required to ensure
that the responsible governmental entity considers the extent of competition
before selecting proposals and negotiating an interim or comprehensive
agreement; and
(11) [(10)]
require the posting and publishing of public notice of a proposal
requesting approval of a qualifying project, including:
(A) specific information and
documentation regarding the nature, timing, and scope of the qualifying
project, as required under Section 2267.053(a);
(B) a reasonable period, as
determined by the responsible governmental entity, of not less than 45
days or more than 180 days, or a longer period specified by the
governing body of the responsible governmental entity to accommodate a
large-scale project, [as determined by the responsible governmental
entity,] to encourage competition and partnerships with private
entities and other persons in accordance with the goals of this chapter,
during which the responsible governmental entity must accept submission of
competing proposals for the qualifying project; and
(C) a requirement for
advertising the notice on the governmental entity's Internet website and on
TexasOnline or the state's official Internet website.
(c) The guidelines of a
responsible governmental entity described by Section 2267.001(5)(B) must
include:
(1) [may include] the
provisions required under Subsection (b); and
(2) [must include] a
requirement that the governmental entity engage the services of qualified
professionals, including an architect, professional engineer, or certified
public accountant, not otherwise employed by the governmental entity, to
provide independent analyses regarding the specifics, advantages,
disadvantages, and long-term and short-term costs of any proposal
requesting approval of a qualifying project unless the governing body of
the governmental entity determines that the analysis of the proposal is to
be performed by similarly qualified employees of the governmental
entity.
(c-1) If the qualifying project proposal is for the construction or
renovation of a structure and the estimated cost of the project is $5
million or more, the analyses required under Subsection (c)(2) must include
an analysis by an architect, a professional engineer, and a certified
public accountant.
(d) A responsible
governmental entity described by Section 2267.001(5)(A) shall submit a copy
of the guidelines adopted by the entity under this section to the
commission for approval by the commission. The commission shall prescribe
the procedure for submitting the guidelines for review under this section.
The governmental entity may not request or consider a proposal for a qualifying
project until the guidelines are approved by the commission. The guidelines are considered disapproved unless
the commission by majority vote of the commission members present and
voting approves the guidelines not later than the 90th day after the date
the commission receives the copy of the guidelines from the responsible
governmental entity.
|
|
SECTION 6. Section 2267.053,
Government Code, as added by Chapter 1334 (S.B. 1048), Acts of the 82nd
Legislature, Regular Session, 2011, is amended by amending Subsections (a)
and (b) and adding Subsections (a-1), (b-1), and (b-2) to read as follows:
(a) A private entity or
other person may submit a proposal requesting approval of a qualifying
project by the responsible governmental entity. The proposal must be
accompanied by the following, unless waived by the responsible governmental
entity:
(1) a topographic map, with
a 1:2,000 or other appropriate scale, indicating the location of the
qualifying project;
(2) a description of the
qualifying project, including:
(A) the conceptual design of
any facility or a conceptual plan for the provision of services or
technology infrastructure; and
(B) a schedule for the
initiation of and completion of the qualifying project that includes the
proposed major responsibilities and timeline for activities to be performed
by the governmental entity and the person;
(3) a statement of the
method the person proposes for securing necessary property interests
required for the qualifying project;
(4) information relating to any
current plans for the development of facilities or technology
infrastructure to be used by a governmental entity that are similar to the
qualifying project being proposed by the person for each affected
jurisdiction;
(5) a list of all permits
and approvals required for the development and completion of the qualifying
project from local, state, or federal agencies and a projected schedule for
obtaining the permits and approvals;
(6) a list of any facilities
that will be affected by the qualifying project and a statement of the
person's plans to accommodate the affected facilities;
(7) a statement on the
person's general plans for financing the qualifying project, including the
sources of the person's funds and identification of any dedicated revenue
source or proposed debt or equity investment for the person;
(8) the name and address of
each individual who may be contacted for further information concerning the
request;
(9) user fees, lease
payments, and other service payments over the term of any applicable
interim or comprehensive agreement and the methodology and circumstances
for changes to the user fees, lease payments, and other service payments
over time;
(10) a statement of the
specific public purpose served by the qualifying project;
(11) a statement
describing the qualifying project's compliance with the responsible
governmental entity's best value determination under Subsection (b-1);
and
(12) [(10)]
any additional material and information the responsible governmental entity
reasonably requests.
(a-1) A responsible
governmental entity that approves a
proposal for a qualifying project under Subsection (a) shall select the
contracting person for the project by soliciting additional proposals
through a request for qualifications, request for proposals, or invitation
to bid.
(b) A responsible
governmental entity may request proposals or invite bids from persons for
the development or operation of a qualifying project.
(b-1) A responsible
governmental entity shall make a best value determination in evaluating
the proposals received and consider the total project cost as one
factor in evaluating the proposals. The responsible governmental entity
[received, but] is not required to select the proposal that offers
the lowest total project cost and[. The responsible governmental
entity] may consider the following factors:
(1) the proposed cost of the
qualifying project;
(2) the general reputation,
industry experience, and financial capacity of the person submitting a
proposal;
(3) the proposed design and
overall quality of the qualifying project;
(4) the eligibility of the
project for accelerated selection, review, and documentation timelines
under the responsible governmental entity's guidelines;
(5) comments from local
citizens and affected jurisdictions;
(6) benefits to the public;
(7) the person's good faith
effort to comply with the goals of a historically underutilized business
plan;
(8) the person's plans to
employ local contractors and residents;
(9) for a qualifying project
that involves a continuing role beyond design and construction, the
person's proposed rate of return and opportunities for revenue sharing;
(10) the relationship and
conformity of the qualifying project to a state or local community plan
impacted by the qualifying project or to the uses of property surrounding
the qualifying project;
(11) the historic
significance of the property on which the qualifying project is proposed to
be located;
(12) the environmental
impact of the qualifying project; and
(13) [(10)] other
criteria that the responsible governmental entity considers appropriate.
(b-2) A responsible
governmental entity may approve a qualifying project that the governmental
entity determines serves a public purpose. The responsible governmental
entity must include in the comprehensive agreement for the qualifying
project a written declaration of the specific public purpose served by the
project.
|
SECTION 6. Section 2267.053,
Government Code, as added by Chapter 1334 (S.B. 1048), Acts of the 82nd
Legislature, Regular Session, 2011, is amended by amending Subsections (a),
(b), (g), and (h) and adding Subsections (a-1), (b-1), and (b-2) to read as
follows:
(a) A private entity or
other person may submit a proposal requesting approval of a qualifying
project by the responsible governmental entity. The proposal must be
accompanied by the following, unless waived by the responsible governmental
entity:
(1) a topographic map, with
a 1:2,000 or other appropriate scale, indicating the location of the
qualifying project;
(2) a description of the
qualifying project, including:
(A) the conceptual design of
any facility or a conceptual plan for the provision of services or
technology infrastructure; and
(B) a schedule for the
initiation of and completion of the qualifying project that includes the
proposed major responsibilities and timeline for activities to be performed
by the governmental entity and the person;
(3) a statement of the
method the person proposes for securing necessary property interests
required for the qualifying project;
(4) information relating to
any current plans for the development of facilities or technology
infrastructure to be used by a governmental entity that are similar to the
qualifying project being proposed by the person for each affected
jurisdiction;
(5) a list of all permits
and approvals required for the development and completion of the qualifying
project from local, state, or federal agencies and a projected schedule for
obtaining the permits and approvals;
(6) a list of any facilities
that will be affected by the qualifying project and a statement of the
person's plans to accommodate the affected facilities;
(7) a statement on the
person's general plans for financing the qualifying project, including the
sources of the person's funds and identification of any dedicated revenue
source or proposed debt or equity investment for the person;
(8) the name and address of
each individual who may be contacted for further information concerning the
request;
(9) user fees, lease payments,
and other service payments over the term of any applicable interim or
comprehensive agreement and the methodology and circumstances for changes
to the user fees, lease payments, and other service payments over time;
(10) a statement of the
specific public purpose served by the qualifying project;
(11) a statement
describing the qualifying project's compliance with the responsible
governmental entity's best value determination under Subsection (b-1);
and
(12) [(10)] any
additional material and information the responsible governmental entity
reasonably requests.
(a-1) A responsible
governmental entity that accepts an unsolicited
proposal for a qualifying project under Subsection (a), in accordance with the requirements of Section
2267.052(b)(11)(B), shall select the contracting person for the
project by soliciting additional proposals through a request for
qualifications, request for proposals, or invitation to bid.
(b) A responsible
governmental entity may request proposals or invite bids from persons for
the development or operation of a qualifying project.
(b-1) A responsible
governmental entity shall make a best value determination in evaluating
the proposals received and consider the total project cost as one
factor in evaluating the proposals. The responsible governmental entity
[received, but] is not required to select the proposal that
offers the lowest total project cost and[. The responsible
governmental entity] may consider the following factors:
(1) the proposed cost of the
qualifying project;
(2) the general reputation,
industry experience, and financial capacity of the person submitting a
proposal;
(3) the proposed design and
overall quality of the qualifying project;
(4) the eligibility of the
project for accelerated selection, review, and documentation timelines
under the responsible governmental entity's guidelines;
(5) comments from local
citizens and affected jurisdictions;
(6) benefits to the public;
(7) the person's good faith
effort to comply with the goals of a historically underutilized business
plan;
(8) the person's plans to
employ local contractors and residents;
(9) for a qualifying project
that involves a continuing role beyond design and construction, the
person's proposed rate of return and opportunities for revenue sharing;
(10) the relationship and
conformity of the qualifying project to a state or local community plan
impacted by the qualifying project or to the uses of property surrounding
the qualifying project;
(11) the historic
significance of the property on which the qualifying project is proposed to
be located;
(12) the environmental
impact of the qualifying project; and
(13) [(10)] other
criteria that the responsible governmental entity considers appropriate.
(b-2) A responsible
governmental entity may approve a qualifying project that the governmental
entity determines serves a public purpose. The responsible governmental
entity must include in the comprehensive agreement for the qualifying
project a written declaration of the specific public purpose served by the
project.
(g)
The responsible governmental entity shall take action appropriate under
Section 552.153 to protect confidential and proprietary information
provided by a proposer and by the contracting person under an
agreement.
(h)
Before entering into [the negotiation of] an interim or
comprehensive agreement, each responsible governmental entity described by
Section 2267.001(5)(A) must submit co pies of detailed proposals, including
drafts of any interim agreement and the comprehensive agreement, to the
Partnership Advisory Commission in accordance with Chapter 2268.
|
|
SECTION 7. Subsection (a),
Section 2267.058, Government Code, as added by Chapter 1334 (S.B. 1048),
Acts of the 82nd Legislature, Regular Session, 2011, is amended.
|
SECTION 7. Same as engrossed
version.
|
|
SECTION 8. The heading to
Section 2267.066, Government Code, is amended.
|
SECTION 8. Same as engrossed
version.
|
|
SECTION 9. Section 2267.066,
Government Code, is amended by amending Subsections (c) and (d) and adding
Subsection (e-1) to read as follows:
(c) Chapter 552 applies to qualifying project proposals [Trade secrets, financial records, or other
records of the contracting person excluded from disclosure under Section
552.101 may not be posted or made available for public inspection except as
otherwise agreed to by the responsible governmental entity and the
contracting person].
(d) The responsible
governmental entity shall hold a public hearing on the proposal during the
proposal review process not later than the 30th day before the date the
entity enters into an interim or comprehensive agreement. The public
hearing shall be held in the area in which the proposed qualifying project
is to be performed.
(e-1) After making the
proposed comprehensive agreement available as required by Subsection (e),
the responsible governmental entity shall hold a public hearing on the
final version of the proposed comprehensive agreement and vote on the
proposed comprehensive agreement after the hearing. The hearing must be
held not later than the 10th day before the date the entity enters into a
comprehensive agreement with a contracting person.
|
SECTION 9. Section 2267.066,
Government Code, is amended by amending Subsections (c) and (d) and adding
Subsection (e-1) to read as follows:
(c) Trade secrets, proprietary information, and financial records[,
or other records] of a proposer are [the contracting person]
excluded from disclosure under Section 552.101 and may not be posted
or made available for public inspection except as otherwise agreed to by
the responsible governmental entity and the proposer [contracting
person]. After submission by a responsible governmental entity of a
detailed qualifying project proposal to the commission, the trade secrets,
proprietary information, and financial records of the proposer are not
protected from disclosure unless expressly excepted from the requirements
of Chapter 552 or considered confidential under other law.
(d) The responsible
governmental entity shall hold a public hearing on the proposal during the
proposal review process not later than the 30th day before the date the
entity enters into an interim or comprehensive agreement. The public
hearing shall be held in the area in which the proposed qualifying project
is to be performed.
(e-1) After making the
proposed comprehensive agreement available as required by Subsection (e),
the responsible governmental entity shall hold a public hearing on the
final version of the proposed comprehensive agreement and vote on the
proposed comprehensive agreement after the hearing. The hearing must be
held not later than the 10th day before the date the entity enters into a
comprehensive agreement with a contracting person.
|
|
SECTION 10. Subchapter B,
Chapter 2267, Government Code, as added by Chapter 1334 (S.B. 1048), Acts
of the 82nd Legislature, Regular Session, 2011, is amended.
|
SECTION 10. Same as engrossed
version.
|
|
SECTION 11. Subsection (a),
Section 2268.052, Government Code, is amended to read as follows:
(a) The commission consists
of the following five [11]
members:
(1) the chair of the House
Appropriations Committee [or the chair's designee];
(2) one representative
[three representatives] appointed by the speaker of the house of
representatives;
(3) the chair of the Senate
Finance Committee [or the chair's designee];
(4) one senator [three
senators] appointed by the lieutenant governor; and
(5) one public member
[three representatives of the executive branch,] appointed by the
governor.
|
SECTION 11. Subsection (a),
Section 2268.052, Government Code, is amended to read as follows:
(a) The commission consists
of the following six [11]
members:
(1) the chair of the House
Appropriations Committee [or the chair's designee];
(2) one representative
[three representatives] appointed by the speaker of the house of
representatives;
(3) the chair of the Senate
Finance Committee [or the chair's designee];
(4) one senator [three
senators] appointed by the lieutenant governor; [and]
(5) the executive director of the State Preservation
Board, who serves as a nonvoting member; and
(6) one public member
[three representatives of the executive branch,] appointed by the
governor.
|
|
No
equivalent provision.
|
SECTION 12. Section
2268.053, Government Code, is amended to read as follows:
Sec. 2268.053. PRESIDING
OFFICER. (a) The executive director of the State Preservation Board
shall serve as presiding officer of the commission.
(b) The members of
the commission shall elect from among the legislative members [a
presiding officer and] an assistant presiding officer to serve a
two-year term [terms].
|
|
SECTION 12. Subsection (a),
Section 2268.056, Government Code, is amended.
|
SECTION 13. Same as engrossed
version.
|
|
SECTION 13. Subchapter B,
Chapter 2268, Government Code, is amended.
|
SECTION 14. Same as engrossed
version.
|
|
No
equivalent provision.
|
SECTION 15. Section 552.153,
Government Code, as added by Chapter 1334 (S.B. 1048), Acts of the 82nd
Legislature, Regular Session, 2011, is amended by amending Subsection (b)
and adding Subsection (d) to read as follows:
(b) Information in the
custody of a responsible governmental entity that relates to a proposal for
a qualifying project authorized under Chapter 2267 is excepted from the
requirements of Section 552.021 if:
(1) the information consists
of memoranda, staff evaluations, or other records prepared by the
responsible governmental entity, its staff, outside advisors, or
consultants exclusively for the evaluation and negotiation of proposals
filed under Chapter 2267 for which:
(A) disclosure to the public
before or after the execution of an interim or comprehensive agreement
would adversely affect the financial interest or bargaining position of the
responsible governmental entity; and
(B) the basis for the
determination under Paragraph (A) is documented in writing by the
responsible governmental entity; or
(2) the records are provided
by a proposer [contracting person] to a responsible
governmental entity or affected jurisdiction under Chapter 2267 and
contain:
(A) trade secrets of the proposer
[contracting person];
(B) financial records of the
proposer [contracting person], including balance sheets and
financial statements, that are not generally available to the public
through regulatory disclosure or other means; or
(C) proprietary [other]
information submitted by the proposer [contracting person]
that, if made public before the execution of an interim or comprehensive
agreement, would provide a competing proposer an unjust advantage or
adversely affect the financial interest or bargaining position of the
responsible governmental entity or the proposer [person].
(d) In this section,
"proposer" has the meaning assigned by Section 2267.001, as added
by Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular Session,
2011.
|
|
SECTION 14. Subsection (c),
Section 211.013, Local Government Code, is amended.
|
SECTION 16. Same as engrossed
version.
|
|
SECTION 15. Subsection (e),
Section 31.155, Natural Resources Code, is amended.
|
SECTION 17. Same as engrossed
version.
|
|
SECTION 16.
Not later than December 1,
2016, the Partnership Advisory Commission established under Chapter 2268,
Government Code, shall submit to the lieutenant governor, the speaker of
the house of representatives, and the appropriate legislative standing
committees recommendations on proposed amendments to Chapters 2267 and
2268, Government Code.
|
SECTION 18. (a) The term of the presiding officer of the
Partnership Advisory Commission serving immediately before the effective
date of this Act expires on the effective date of this Act. This
subsection does not affect the entitlement of that individual to continue
to serve as a member of the commission.
(b) Not later than December
1, 2016, the Partnership Advisory Commission established under Chapter 2268,
Government Code, shall submit to the lieutenant governor, the speaker of
the house of representatives, and the appropriate legislative standing
committees recommendations on proposed amendments to Chapters 2267 and
2268, Government Code.
|
|
SECTION 17. Section 552.153,
Government Code, as added by Section 2, Chapter 1334 (Senate Bill No.
1048), Acts of the 82nd Legislature, Regular Session, 2011, is repealed.
|
No
equivalent provision.
|
|
SECTION 18. If Senate Bill
No. 894, 83rd Legislature, Regular Session, or similar legislation
exempting property in the Capitol Complex as defined by Subdivision (1),
Subsection (a), Section 411.061, Government Code, from Chapter 2267,
Government Code, as added by Chapter 1334 (Senate Bill No. 1048), Acts of
the 82nd Legislature, Regular Session, 2011, is passed and signed into law,
Sections 4 and 10 of this Act do not take effect.
|
SECTION 19. Same as engrossed
version.
|
|
SECTION 19. This Act takes
effect September 1, 2013.
|
SECTION 20. Same as engrossed
version.
|
|