BILL ANALYSIS

 

 

 

C.S.H.B. 1991

By: Blanco

Economic & Small Business Development

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Interested parties point out that certain law allows for the creation of public-private partnerships for purposes of timely construction, improvement, and expansion of qualifying projects that serve a public purpose. The parties express concern that the law is not clear regarding whether a convention center hotel or another venue as defined by a different state law is a qualifying project. C.S.H.B. 1991 makes it clear that such a project may be included in a public-private partnership proposal.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 1991 amends the Government Code to expand the definition of "qualifying project" for purposes of statutory provisions governing public and private facilities and infrastructure to include, as a public building, a convention center hotel or another venue as defined by statutory provisions governing sports and community venues.

 

EFFECTIVE DATE

 

September 1, 2015.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 1991 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1.  Section 2267.001(10), Government Code, is amended to read as follows:

(10)  "Qualifying project" means:

(A)  any ferry, mass transit facility, vehicle parking facility, port facility, power generation facility, fuel supply facility, oil or gas pipeline, water supply facility, public work, waste treatment facility, hospital, school, medical or nursing care facility, recreational facility, public building, technology facility, or other similar facility currently available or to be made available to a governmental entity for public use, including any structure, parking area, appurtenance, and other property required to operate the structure or facility and any technology infrastructure installed in the structure or facility that is essential to the project's purpose; or

 

 

 

(B)  any improvements necessary or desirable to real property owned by a governmental entity or to real property owned by another person, including a contracting person, that is made available or is to be made available for public use.

 

SECTION 1.  Section 2267.001(10), Government Code, is amended to read as follows:

(10)  "Qualifying project" means:

(A)  any ferry, mass transit facility, vehicle parking facility, port facility, power generation facility, fuel supply facility, oil or gas pipeline, water supply facility, public work, waste treatment facility, hospital, school, medical or nursing care facility, recreational facility, public building, including a convention center hotel or another venue as defined by Section 334.001, Local Government Code, technology facility, or other similar facility currently available or to be made available to a governmental entity for public use, including any structure, parking area, appurtenance, and other property required to operate the structure or facility and any technology infrastructure installed in the structure or facility that is essential to the project's purpose; or

(B)  any improvements necessary or desirable to real property owned by a governmental entity.

 

SECTION 2.  Section 2267.001(10), Government Code, as amended by this Act, applies only to a qualifying project for which an agreement is entered into on or after the effective date of this Act.

 

SECTION 2. Same as introduced version.

 

 

SECTION 3.  This Act takes effect September 1, 2015.

 

SECTION 3. Same as introduced version.