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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Sections
201.943(a) and (l), Transportation Code, are amended to read as follows:
(a) Subject to Subsections
(e), (f), [and] (g), and (l), the commission by order or
resolution may issue obligations in the name and on behalf of the state and
the department and may enter into credit agreements related to the
obligations. The obligations may be issued in multiple series and issues
from time to time in an aggregate amount not exceeding the maximum
obligation amount. The obligations may be issued on and may have the terms
and provisions the commission determines appropriate and in the interests
of the state. The obligations may be issued as long-term obligations,
short-term obligations, or both. The latest scheduled maturity of an issue
or series of obligations may not exceed 30 years.
(l) Obligations may not be
issued under this section or Section 49-k, Article III, Texas Constitution,
after August 31, 2015 [if the commission or the department requires
that toll roads be included in a regional mobility plan in order for a
local authority to receive an allocation from the fund]. This
subsection expires August 31, 2017.
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No
equivalent provision.
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SECTION 2. Section 222.003,
Transportation Code, is amended by adding Subsections (l) and (m) to read
as follows:
(l) Bonds or other public
securities may not be issued under this section or Section 49-n, Article
III, Texas Constitution, as proposed by H.J.R. 28, 78th Legislature,
Regular Session, 2003, after August 31, 2015. This subsection expires
August 31, 2017.
(m) The commission may
use any constitutionally allowable source of funding to supplant funding
previously obligated under this section or Section 49-n, Article III, Texas
Constitution, as proposed by H.J.R. 28, 78th Legislature, Regular Session,
2003. This subsection expires August 31, 2017.
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No
equivalent provision.
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SECTION 3. Section 222.004,
Transportation Code, is amended by adding Subsections (j) and (k) to read
as follows:
(j) Bonds may not be
issued under this section or Section 49-p, Article III, Texas Constitution,
after August 31, 2015. This subsection expires August 31, 2017.
(k) The commission may
use any constitutionally allowable source of funding to supplant funding
previously obligated under this section or Section 49-p, Article III, Texas
Constitution. This subsection expires August 1, 2017.
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No
equivalent provision.
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SECTION 4. Section 201.809,
Transportation Code, is amended by adding Subsections (e) through (j) to
read as follows:
(e) The department shall
develop and implement, and the commission shall approve, a
performance-based planning and programming process dedicated to providing
the executive and legislative branches of government with indicators that
quantify and qualify progress toward attaining all department goals and
objectives established by the legislature and the commission.
(f) The department shall
develop and implement performance metrics and performance measures as part
of:
(1) the review of
strategic planning in the statewide transportation plan, metropolitan
transportation plans, rural transportation plans, and unified
transportation program;
(2) the evaluation of
decision-making on projects selected for funding in the unified
transportation program and statewide transportation improvement program;
and
(3) the evaluation of
project delivery for projects in the department's letting schedule.
(g) The department shall
use and the commission shall review performance metrics and measures to:
(1) assess how well the
transportation system is operating;
(2) provide the
department, legislature, stakeholders, and public with information to
support decisions;
(3) assess the effectiveness
and efficiency of transportation projects and service delivery; and
(4) demonstrate
transparency and accountability.
(h) The department shall
develop and implement, and the commission shall approve, specific
performance metrics and measures for sustainable objectives, including:
(1) congestion reduction;
(2) safety enhancements;
(3) expansion of economic
opportunity;
(4) preservation of the
value of existing transportation assets;
(5) cost efficiency of
the department's operations;
(6) project procurement,
delivery, and final cost; and
(7) enhancements in
public participation in the infrastructure planning process.
(i) The requirement for
the department to develop and implement a performance-based planning and
programming process does not replace or alter the requirement of the
department to comply with the budgetary performance measures for each
biennium as established in the General Appropriations Act. The department
may not rely on its requirement to report budgetary performance measures as
satisfying the requirements imposed under this section.
(j) The department shall
develop and implement monthly and annual reporting schedules for all
performance metrics and measures required under this section.
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No
equivalent provision.
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SECTION 5. Subchapter P,
Chapter 201, Transportation Code, is amended by adding Sections 201.999 and
201.9991 to read as follows:
Sec. 201.999.
PRIORITIZATION OF PROJECTS BY LOCAL TRANSPORTATION ENTITIES AND DEPARTMENT
DISTRICTS. (a) The department shall work with all local transportation
entities in the state to develop and adopt uniform guidelines governing the
funding prioritization of the entities' transportation projects.
(b) The department shall
recommend to the commission uniform guidelines to be adopted under Subsection
(a) and implemented by all local transportation entities and department
districts.
(c) In making
recommendations under Subsection (b), the department shall consider:
(1) the time frame in
which a project is needed;
(2) the feasibility of a
project, including the availability of rights-of-way, funding support, and
the ability to plan, design, and construct the project in a reasonable
period of time;
(3) the viability of a
project, including whether the project is a comprehensive solution with a
measurable outcome; and
(4) all criteria
established by the commission for prioritization of projects.
(d) In prioritizing
projects, each local transportation entity and department district shall
include projects that meet short-term and long-term needs of the entity's
jurisdiction.
(e) The commission shall
by rule adopt uniform standards established under this section.
(f) Using the uniform
standards established under this section, each local transportation entity
and department district shall submit to the department the funding
prioritization for transportation projects in the entity's jurisdiction.
Sec. 201.9991.
PRIORITIZATION OF PROJECTS BY DEPARTMENT AND APPROVED BY COMMISSION. (a)
The department shall prioritize and the commission shall approve projects
included in the unified transportation program in order to provide
financial assistance under this chapter.
(b) The department shall
establish and the commission shall approve an overall performance-based
process for setting category funding levels in the department's unified
transportation program. The department shall consider a zero-based budget
approach to address safety, maintenance, congestion, connectivity, economic
development, and other needs.
(c) The department shall
establish and the commission shall approve a point system for
prioritization of projects for which financial assistance is sought from
the commission. The project evaluation criteria must take into
consideration the department's strategic goals as approved by the commission.
The system must include a standard for the department to apply in
determining how to take into account the diverse needs of the state so as
to fairly allocate funding to all regions of the state.
(d) The department may
not recommend and the commission may not approve a deviation from the
department's selection of projects for funding of more than 10 percent of
the current biennial budget of the department.
(e) In awarding points to
projects, the department shall give priority to projects that:
(1) address safety,
maintenance, congestion mitigation, and connectivity;
(2) provide assistance to
urban and rural populations;
(3) provide regional
balance;
(4) meet a high
percentage of the infrastructure needs of a community;
(5) have available
funding;
(6) are able to begin
without significant delay; and
(7) include public
participation in the planning process and public support for the project.
(f) In addition to
criteria under Subsection (e), in prioritizing projects the department
shall consider:
(1) the local
contribution to be made to construct the project;
(2) the financial
capacity of the entity responsible for the project to repay the obligation
if the assistance is in the form of a loan;
(3) the ability to timely
leverage state financial support with local and federal funding;
(4) whether there is an
emergency need for the project;
(5) whether all
preliminary planning and design work associated with the project necessary
to reasonably predict cost, construction period, and benefits of the project
have been completed;
(6) whether all
rights-of-way and easements necessary to begin construction have been
acquired or approved;
(7) the start date for
and certainty of the beginning of project construction;
(8) the demonstrated or
projected impact on the community; and
(9) the priority given
the project by the applicable local transportation entity under Section
201.999.
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No
equivalent provision.
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No
equivalent provision.
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SECTION 1. Subchapter P,
Chapter 201, Transportation Code, is amended by adding Sections 201.9901
and 201.9902 to read as follows:
Sec. 201.9901.
DEFINITIONS. In this subchapter:
(1) "Planning
organization" means:
(A) a metropolitan
planning organization; or
(B) for an area that is
not within the boundaries of a metropolitan planning organization, the
department district that serves the area.
(2) "Region"
means the area for which a planning organization develops plans under this
subchapter.
(3) "Transportation
official" means an official in a political subdivision who has
responsibility for planning and implementation of transportation projects.
Sec. 201.9902. UPDATE TO
TRANSPORTATION FUNDING CATEGORIES AND ALLOCATION FORMULAS. (a) Not later
than October 1, 2015, the commission shall initiate a process to review the
categories and formulas adopted under Sections 201.991(b)(2) and 201.996.
(b) The review process
must include an effort by the department to seek the collective input of
all planning organizations in the state. The department shall convene
meetings as necessary to facilitate discussions among planning
organizations that will result in a consensus recommendation among a
majority of the planning organizations as to updated funding categories and
funding allocation formulas.
(c) Not later than May 1,
2016, the commission shall adopt rules implementing updated funding
categories and funding allocation formulas. To the extent that the adopted
categories or funding allocation formulas differ from the consensus
recommendations of the planning organizations, the commission must provide
a detailed written explanation for the differences. The explanation must
be made available on the department's Internet website.
(d) This section expires
September 1, 2017.
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No
equivalent provision.
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SECTION 2. Subchapter P, Chapter
201, Transportation Code, is amended by adding Sections 201.9911, 201.9921,
201.9931, and 201.9932 to read as follows:
Sec. 201.9911. PLANNING
ORGANIZATION 10-YEAR PLAN. (a) Each planning organization shall develop a
10-year transportation plan for the use of the funding allocated to the
region. The department shall assist the planning organizations by
providing in a timely manner such information as is reasonably requested by
the planning organizations.
(b) The plan must
identify the items described by Section 201.993(d) as applicable to the
planning organization and the funding of transportation projects in the
region.
(c) The first four years
of the plan shall be developed to meet the transportation improvement plan
requirements of 23 U.S.C. Section 134 or 135, as applicable.
(d) For an area that is
not within the boundaries of a metropolitan planning organization, the
department district shall develop the 10-year transportation plan with
input from municipal and county elected officials and transportation
officials in the region.
Sec. 201.9921. TEN-YEAR
CASH FLOW PROJECTION. (a) Not later than September 1 of each odd-numbered
year, the department's chief financial officer shall prepare and publish a
cash flow forecast for a period of not less than 10 years.
(b) The forecast must
identify:
(1) the aggregate amount
of all sources of funding available for eligible transportation projects;
(2) the amount previously
committed to eligible transportation projects based on actions of the
commission;
(3) the amount not
committed to projects but that the department anticipates allocating during
the forecast period through formulas adopted under Section 201.996;
(4) the amount the
department anticipates allocating during the forecast period through discretionary
decisions of the commission; and
(5) the sources of all
funds projected to be available during the forecast period, including bond
proceeds, and an estimation of debt service payments associated with the
bond proceeds.
(c) The first two years
of the forecast must be based on the appropriation of funds in the General
Appropriations Act for the department for that biennium.
Sec. 201.9931. PLANNING
ORGANIZATION PROJECT SELECTION AND PRIORITIZATION. (a) Each planning
organization shall select projects in its region and prioritize them using
the criteria developed under Section 201.9932.
(b) For an area not
located within the boundaries of a metropolitan planning organization, the
applicable department district shall select projects and prioritize them
with input from municipal and county elected officials and transportation
officials using the criteria developed under Section 201.9932.
(c) The department shall
compile the project selections of the planning organizations to develop the
statewide transportation plan in accordance with 23 U.S.C. Section 135.
Sec. 201.9932. PROJECT
SELECTION CRITERIA. Each planning organization shall develop its own
project selection criteria, which must include consideration of:
(1) projected
improvements to congestion and safety;
(2) projected effects on
economic development opportunities for residents of the region;
(3) available funding,
including locally generated funding;
(4) effects on the
environment, including air quality;
(5) socioeconomic
effects; and
(6) any other factors
deemed appropriate by the planning organization.
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No
equivalent provision.
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SECTION 3. Section 201.996,
Transportation Code, is amended by adding Subsection (d) to read as
follows:
(d) Before transferring
funds between categories by any method outside the established formulas or
before transferring funds subject to discretion of the department, the
commission shall hold a public hearing on the transfer of those funds. Not
later than the 30th day before the date of a hearing held under this
section, the commission shall provide a written explanation of the
transfer, including the need and justification for the deviation from the
formula allocation or use of discretionary funds.
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No
equivalent provision.
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SECTION 4. Subchapter P,
Chapter 201, Transportation Code, is amended by adding Section 201.9961 to
read as follows:
Sec. 201.9961. USE OF
ADDITIONAL REVENUE AND BOND PROCEEDS FOR CERTAIN PROJECTS. (a) If money
from the general revenue fund or state highway fund is appropriated to the
department for the state fiscal biennium beginning September 1, 2015, in an
amount that exceeds the appropriation from those funds to the department
for the previous fiscal biennium, or if a constitutional amendment
providing additional money to the department is adopted, the commission may
use the additional money to finance projects that would otherwise be
financed using proceeds from:
(1) the sale and issuance
of bonds and other public securities secured by the state highway fund
under Section 49-n, Article III, Texas Constitution, as proposed by H.J.R.
28, 78th Legislature, Regular Session, 2003; or
(2) general obligation
bonds issued under Section 49-p, Article III, Texas Constitution.
(b) The commission shall
determine whether the unused proceeds from bonds described by Subsection
(a) may be used to finance projects, in addition to those allocated funding
under Section 201.996, that reduce congestion, increase capacity, reduce
tolls, or promote safety. The commission shall adopt rules establishing
criteria for projects to be considered eligible for financing under this
subsection.
(c) Not later than the
30th day before the date the commission authorizes the use of money under
this section, the commission shall hold a public meeting to consider that
authorization.
(d) This section expires
September 1, 2017.
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SECTION 6. 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, 2015.
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SECTION 5. Same as introduced
version.
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