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A BILL TO BE ENTITLED
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AN ACT
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relating to public and private facilities and infrastructure. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2267.001, Government Code, as added by |
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Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular |
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Session, 2011, is amended by adding Subdivision (1-a) to read as |
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follows: |
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(1-a) "Commission" means the Partnership Advisory |
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Commission established under Chapter 2268. |
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SECTION 2. Subchapter A, Chapter 2267, Government Code, as |
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added by Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, |
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Regular Session, 2011, is amended by adding Sections 2267.005, |
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2267.006, and 2267.007 to read as follows: |
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Sec. 2267.005. APPLICABILITY OF MUNICIPAL ZONING |
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REGULATIONS. (a) Except as provided by Subsection (b), a |
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qualifying project that is to be performed or located in a |
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municipality must comply with the zoning and land use regulations |
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of the municipality. |
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(b) This section does not apply to a qualifying project that |
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uses a building, other structure, or land under the control, |
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administration, or jurisdiction of a state agency for the same |
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purposes for which the state agency used the building, structure, |
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or land. |
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Sec. 2267.006. CONFLICT OF INTEREST. An employee of a |
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responsible governmental entity or a person related to the employee |
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within the second degree by consanguinity or affinity, as |
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determined under Chapter 573, may not accept money, a financial |
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benefit, or other consideration from a contracting person that has |
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entered into a comprehensive agreement with the responsible |
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governmental entity. |
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Sec. 2267.007. PROHIBITED EMPLOYMENT WITH FORMER OR RETIRED |
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GOVERNMENTAL ENTITY EMPLOYEES. (a) A contracting person may not |
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employ or enter into a professional services contract or a |
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consulting services contract under Chapter 2254 with a former or |
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retired employee of the responsible governmental entity with which |
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the person has entered into a comprehensive agreement before the |
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first anniversary of the date on which the former or retired |
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employee terminates employment with the entity. |
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(b) This section does not prohibit the contracting person |
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from entering into a professional services contract with a |
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corporation, firm, or other business organization that employs a |
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former or retired employee of the responsible governmental entity |
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before the first anniversary of the date the former or retired |
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employee terminates employment with the entity if the former or |
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retired employee does not perform services for the corporation, |
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firm, or other business organization under the comprehensive |
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agreement with the responsible governmental entity that the former |
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or retired employee worked on before terminating employment with |
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the entity. |
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SECTION 3. Section 2267.052, Government Code, as added by |
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Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular |
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Session, 2011, is amended by amending Subsection (c) and adding |
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Subsection (d) to read as follows: |
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(c) The guidelines of a responsible governmental entity |
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described by Section 2267.001(5)(B) must include: |
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(1) [may include] the provisions required under |
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Subsection (b); and |
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(2) [must include] a requirement that the governmental |
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entity engage the services of qualified professionals, including an |
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architect, professional engineer, or certified public accountant, |
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not otherwise employed by the governmental entity, to provide |
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independent analyses regarding the specifics, advantages, |
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disadvantages, and long-term and short-term costs of any proposal |
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requesting approval of a qualifying project unless the governing |
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body of the governmental entity determines that the analysis of the |
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proposal is to be performed by employees of the governmental |
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entity. |
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(d) A responsible governmental entity described by Section |
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2267.001(5)(B) shall submit a copy of the guidelines adopted by the |
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entity under this section to the commission for approval by the |
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commission. The commission shall prescribe the procedure for |
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submitting the guidelines for review under this section. The |
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governmental entity may not request or consider a proposal for a |
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qualifying project until the guidelines are approved by the |
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commission. |
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SECTION 4. Section 2267.053, Government Code, as added by |
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Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular |
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Session, 2011, is amended by adding Subsections (a-1) and (b-1) to |
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read as follows: |
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(a-1) A responsible governmental entity that approves a |
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proposal for a qualifying project under Subsection (a) shall select |
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the contracting person for the project by soliciting additional |
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proposals through a request for proposals or invitation to bid. |
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(b-1) A responsible governmental entity may approve a |
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qualifying project that the governmental entity determines serves a |
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public purpose. The governmental entity must include in the |
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comprehensive agreement for the qualifying project a written |
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declaration of the specific public purpose served by the project. |
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SECTION 5. The heading to Section 2267.066, Government |
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Code, is amended to read as follows: |
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Sec. 2267.066. POSTING OF PROPOSALS; PUBLIC COMMENT; PUBLIC |
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ACCESS TO PROCUREMENT RECORDS; FINAL VOTE. |
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SECTION 6. Section 2267.066, Government Code, is amended by |
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amending Subsection (d) and adding Subsection (e-1) to read as |
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follows: |
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(d) The responsible governmental entity shall hold a public |
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hearing on the proposal during the proposal review process not |
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later than the 30th day before the date the entity enters into an |
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interim or comprehensive agreement. The public hearing shall be |
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held in the area in which the proposed qualifying project is to be |
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performed. |
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(e-1) After making the proposed comprehensive agreement |
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available as required by Subsection (e), the responsible |
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governmental entity shall hold a public hearing on the final |
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version of the proposed comprehensive agreement and vote on the |
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proposed comprehensive agreement after the hearing. The hearing |
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must be held not later than the 10th day before the date the entity |
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enters into a comprehensive agreement with a contracting person. |
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SECTION 7. Subchapter B, Chapter 2268, Government Code, is |
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amended by adding Section 2268.0585 to read as follows: |
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Sec. 2268.0585. DISAPPROVAL OF QUALIFYING PROJECT |
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PROPOSALS OF CERTAIN RESPONSIBLE GOVERNMENTAL ENTITIES. The |
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commission by majority vote may disapprove a qualifying project |
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proposal submitted by a governmental entity described by Section |
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2267.001(5)(A). |
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SECTION 8. Section 211.013(c), Local Government Code, is |
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amended to read as follows: |
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(c) Except as provided by Section 2267.005, Government |
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Code, this [This] subchapter does not apply to a building, other |
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structure, or land under the control, administration, or |
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jurisdiction of a state or federal agency. |
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SECTION 9. The changes in law made by this Act apply only to |
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a qualifying project for which a proposal requesting approval of |
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the qualifying project is submitted to a responsible governmental |
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entity under Chapter 2267, Government Code, as amended by this Act, |
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on or after the effective date of this Act. A proposal submitted |
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before that date is governed by the law in effect on the date the |
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proposal was submitted, and the former law is continued in effect |
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for that purpose. |
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SECTION 10. This Act takes effect September 1, 2013. |