By: Anchia H.B. No. 3849

A BILL TO BE ENTITLED

AN ACT

relating to the enhancement of Texas' international bridges and border crossings to better service international cargo and passenger traffic.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 201.612(c) is amended to read as follows:

Section 201.612(c) In determining whether to approve construction of the bridge, the commission shall consider:

(1) the financial resources available to the political subdivision or private entity for construction of the bridge;

(2) whether the revenue to be generated by the bridge is sufficient to finance the planning, design, construction, operation, and maintenance of the bridge;

(3) whether the construction of the bridge is consistent with the transportation plan adopted by the state and, if appropriate, by the metropolitan planning organization with jurisdiction over the bridge;

(4) the potential effect of the bridge on:

(A) the economy of the region in which the bridge is to be located;

(B) the environment of the region in which the bridge is to be located;

(C) traffic congestion and mobility; [and]

(D) the free flow of trade between the United Mexican States and this state; and

(E) the potential for bridge to enhance the region's role in the global marketplace as a hub for international freight processing and shipment, foreign direct investment, manufacturing, workforce development, and a contributor to the state's competitiveness in the global marketplace;

(5) commitments from the appropriate jurisdictions of the United Mexican States to provide adequate approach roadways to the bridge[.]; and

(6) Cost savings, accelerated project delivery, new capital resources, leveraging opportunities, operational efficiencies, technology enhancements and other benefits that could be obtained through the use of a public-private partnership financing arrangement.

SECTION 2. Subchapter A, Chapter 201, Transportation Code, is amended by adding Section 201.623 to read as follows:

Sec. 201.623. TEXAS SUPERPORTS PROGRAM. (a) In this section, "program" means the Texas Superports Program.

(b) An interagency, public-private sector work group entitled the Texas Superports Work Group is created to consult upon, develop, adopt an action plan for, and fund the program, including:

(1) develop or update a process to allow agencies and business to work together to identify the key emerging global markets for Texas products and services, and inbound foreign investment in Texas businesses, and collaborate to identify improvements to Texas' bridges and border crossings on the Mexican border to better serve international commerce;

(2) consult with local governments, educational institutions, economic development and metropolitan planning organizations, workforce development agencies, small business agencies, chambers of commerce, trade associations, and other stakeholders, to elicit recommendations on a potential enhancements to infrastructure, services, technologies and other development to improve the speed, safety and efficiency of cargo and passenger processing at the Texas-Mexico border;

(3) consult with the top industry users of Texas-Mexico bridge and border crossings, including Texas-Mexico border area automobile manufacturers, maquiladora operators, freight forwarders, and other businesses active in the region, and elicit recommendations on potential systemwide improvements that could heighten the entire Texas-Mexico border region's capacity to compete with other global regions for trade and investment; and

(4) Establish a "Texas Superports Fund," and criteria and a procedure through which a facility may secure certification as a "Texas Global Seaport," entitling the facility to apply for funding for consulting and other services to support efforts to market and promote the Superport in the international market.

(c) The task force shall meet at least once quarterly to report on results of their consultations, new international partnerships, and best practices and case studies from other states, provinces and nations.

(d) No later than December 31, 2014, the Task Force shall publish its findings and strategic recommendations, including selected case studies from other nations, and a strategic plan to boost trade volumes served at Texas bridges and border crossings by 20% by the year 2025.

(e) In fulfilling its duties, the task force shall consider opportunities to collaborate with the federal government, including the U.S. Department of and other federal government departments, and the effect of federal policies, including trade agreements, upon Texas' bridges and border crossings.

SECTION 3. Sec. 364.001, Transportation Code, is amended to read as follows:

Sec. 364.001. (a) A county bordering the Rio Grande, acting through the commissioners court of the county, as a part of its road and bridge system may acquire a toll bridge by any method, including by:

(1) construction; [or]

(2) public-private partnership agreement; or

(2) purchase of an entire toll bridge or only that part of the toll bridge that is located in this state.

SECTION 4. Sec. 364.004, Transportation Code, is amended to read as follows:

Sec. 364.004. (a) A county may enter into and make payments under an agreement with a private entity or another governmental entity to acquire, construct, finance, maintain, or operate a toll bridge, including an international toll bridge, and a private or governmental entity in this state may enter into an agreement with a county for that purpose.

(b) In connection with or in support of an agreement entered into under Subsection (a), the county may enter into a lease, an operating agreement, a service agreement, a license agreement, a franchise agreement, public-private partnership, or a similar agreement with a private entity or another governmental entity.

SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.