By: Pickett, et al. (Senate Sponsor - Nichols) H.B. No. 13

(In the Senate - Received from the House May 4, 2015; May 5, 2015, read first time and referred to Committee on Transportation; May 18, 2015, reported adversely, with favorable Committee Substitute by the following vote: Yeas 8, Nays 0; May 18, 2015, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR H.B. No. 13 By: Nichols

A BILL TO BE ENTITLED

AN ACT

relating to categories of and funding allocation for transportation projects by the Texas Department of Transportation and local transportation entities.

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

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) "Project" means a connectivity or new capacity roadway project in the region of a planning organization. The term does not include a safety project, bridge project, federal discretionary project, maintenance project, or preservation project.

(3) "Region" means the area for which a planning organization develops plans under this subchapter.

(4) "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.

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 201.9921(b) 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; and

(4) 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. PROJECT RECOMMENDATION AND PRIORITIZATION. (a) Each planning organization shall recommend projects in its region and prioritize them using the criteria developed under Section 201.9932 and in accordance with 23 U.S.C. Section 135.

(b) For an area not located within the boundaries of a metropolitan planning organization, the applicable department district shall recommend projects and prioritize them with input from municipal and county elected officials and transportation officials using the criteria developed under Section 201.9932 and in accordance with 23 U.S.C. Section 135.

(c) The department shall compile the project recommendations of the planning organizations to develop the statewide transportation plan in accordance with 23 U.S.C. Section 135.

Sec. 201.9932. PROJECT RECOMMENDATION CRITERIA. Each planning organization shall develop its own project recommendation 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;

(4) effects on the environment, including air quality;

(5) socioeconomic effects, including disproportionately high and adverse health or environmental effects on minority or low-income neighborhoods; and

(6) any other factors considered appropriate by the planning organization, including local criteria that focus on objectives unique to the organization's jurisdiction.

SECTION 3. Section 201.996, Transportation Code, is amended by adding Subsection (d) to read as follows:

(d) The commission may not consider transferring funds between categories by any method outside the established formulas or allocating funds subject to the discretion of the commission unless:

(1) the commission considers the transfer or allocation at a regularly scheduled commission meeting; and

(2) the department presents to the commission a written explanation of the transfer, including the need and justification for the deviation from the formula allocation or use of discretionary funds, at a regularly scheduled commission meeting held in the month before the meeting described by Subdivision (1).

SECTION 4. 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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