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A BILL TO BE ENTITLED
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AN ACT
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relating to comprehensive development agreements of the Texas |
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Department of Transportation or a regional mobility authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 223.201(a), (b), (f), (i), (j), and |
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(k), Transportation Code, are amended to read as follows: |
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(a) Subject to Section 223.202, the department may enter |
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into a comprehensive development agreement with a private entity to |
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design, develop, finance, construct, maintain, repair, operate, |
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extend, or expand a: |
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(1) toll project; |
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(2) state highway improvement project that includes |
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both tolled and nontolled lanes and may include nontolled |
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appurtenant facilities; |
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(3) state highway improvement project in which the |
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private entity has an interest in the project; [or] |
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(4) state highway improvement project financed wholly |
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or partly with the proceeds of private activity bonds, as defined by |
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Section 141(a), Internal Revenue Code of 1986; or |
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(5) nontolled state highway improvement project |
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authorized by the legislature. |
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(b) In this subchapter, "comprehensive development |
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agreement" means an agreement that, at a minimum, provides for the |
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design and construction, reconstruction, rehabilitation, |
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expansion, or improvement of a project described in Subsection (a) |
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and may also provide for the financing, acquisition, maintenance, |
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or operation of a project described in Subsection (a). |
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(f) The department may enter into not more than 10 |
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comprehensive development agreements in each state fiscal |
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biennium. In addition, the [The] department may enter into a |
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comprehensive 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; |
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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; |
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(6) the State Highway 288 project in Brazoria County |
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and Harris County; [and] |
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(7) the U.S. Highway 290 [Hempstead] managed lanes |
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project in Harris County from Interstate Highway 610 to State |
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Highway 99; and |
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(8) a project under Section 91.054. |
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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 and a project under |
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Section 91.054, expires August 31, 2017 [2015]. |
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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, not later than August 31, 2015 [2013], the |
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appropriate environmental clearance for any project other than the |
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State Highway 99 (Grand Parkway) project; and |
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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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(k) Not later than December 1, 2014 [2012], the department |
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shall provide [present] a report to the commission on the status of |
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a project described by Subsection (f). The report must include: |
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(1) the status of the project's environmental |
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clearance; |
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(2) an explanation of any project delays; and |
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(3) if the procurement is not completed, the |
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anticipated date for the completion of the procurement. |
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SECTION 2. Sections 223.2011(a), (c), and (f), |
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Transportation Code, are amended to read as follows: |
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(a) Notwithstanding Sections 223.201(f) and 370.305(c), an |
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authority under Section 370.003 may enter into not more than two |
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comprehensive development agreements in each state fiscal |
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biennium. In addition, the department or an authority [under
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Section 370.003] may enter into a comprehensive development |
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agreement relating to improvements to, 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) the U.S. 183 (Bergstrom Expressway) project from |
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Springdale Road to Patton Avenue; or |
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(3) 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. |
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(c) Not later than December 1, 2014 [2012], the department |
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or the authority, as applicable, shall present a report to the |
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commission on the status of a project described by Subsection |
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(a). The report must include: |
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(1) the status of the project's environmental |
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clearance; |
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(2) an explanation of any project delays; and |
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(3) if the procurement is not completed, the |
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anticipated date for the completion of the procurement. |
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(f) The authority to enter into a comprehensive development |
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agreement under this section expires August 31, 2017 [2015]. |
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SECTION 3. Section 223.201(m), Transportation Code, is |
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repealed. |
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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 September 1, 2013. |