By: Simmons, Pickett, Burkett, Phillips, H.B. No. 20
      Goldman, et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the operations of and transportation planning and
  expenditures by the Texas Department of Transportation and planning
  organizations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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, 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
  performing and operating;
               (2)  provide the department, legislature,
  stakeholders, and public with information to support decisions in a
  manner that is accessible and understandable to the public;
               (3)  assess the effectiveness and efficiency of
  transportation projects and service;
               (4)  demonstrate transparency and accountability; and
               (5)  address other issues the department considers
  necessary.
         (h)  The department shall develop and implement, and the
  commission shall approve, to the extent not in conflict with
  federal law, performance metrics and measures, including:
               (1)  congestion reduction;
               (2)  safety enhancements;
               (3)  expansion of economic opportunity;
               (4)  preservation of the value of existing
  transportation assets;
               (5)  environmental considerations;
               (6)  system reliability;
               (7)  freight mobility;
               (8)  cost efficiency of the department's operations;
               (9)  project procurement, delivery, and final cost; and
               (10)  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 periodic
  reporting schedules for all performance metrics and measures
  required under this section.
         SECTION 2.  Subchapter P, Chapter 201, Transportation Code,
  is amended by adding Section 201.9901 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.
         SECTION 3.  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 PLANNING
  ORGANIZATIONS. (a) All planning organizations in the state shall
  develop, adopt, and submit to the department guidelines governing
  the funding prioritization of the organizations' transportation
  projects.
         (b)  In developing guidelines under Subsection (a), a
  planning organization shall at a minimum consider:
               (1)  the time frame over which various types of
  projects are needed and developed;
               (2)  the readiness of projects considered for
  short-term and long-term funding opportunities;
               (3)  the short-term and long-term viability of a
  project, including whether the project is a comprehensive solution
  with a measurable benefit;
               (4)  local criteria determined by each metropolitan
  planning organization policy board that focus on local goals and
  objectives unique to each area; and
               (5)  all criteria established by the commission for
  prioritization of projects.
         (c)  In prioritizing projects, each planning organization
  shall include projects that meet short-term and long-term needs of
  the organization's jurisdiction with emphasis given to projects
  already approved in a regional transportation plan.
         (d)  Each planning organization shall submit to the
  department the funding prioritization for transportation projects
  in the organization'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 statewide
  transportation plan under Section 201.601 in order to provide
  financial assistance under this chapter.
         (b)  The department shall establish and the commission shall
  approve a performance-based process for setting funding levels for
  the categories of projects in the department's unified
  transportation program.
         (c)  The department shall establish and the commission shall
  approve a scoring system for prioritizing projects for which
  financial assistance is sought from the commission by planning
  organizations. The criteria used to score projects must take into
  consideration the department's strategic goals as approved by the
  commission. The system must account for the diverse needs of the
  state so as to fairly allocate funding to all regions of the state.
         (d)  The commission may make discretionary funding decisions
  for no more than 10 percent of the current biennial budget of the
  department.
         (e)  In scoring projects, the department shall consider
  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 with
  consideration given to the time needed to purchase rights-of-way
  and complete environmental studies, if required;
               (7)  include public participation in the planning
  process and public support for the project;
               (8)  are in the state highway system; and
               (9)  meet other criteria adopted by the department.
         (f)  In addition to criteria under Subsection (e), in
  prioritizing projects the department shall consider other
  criteria, including:
               (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
  planning organization under Section 201.999.
         SECTION 4.  (a) In this section:
               (1)  "Commission" means the Texas Transportation
  Commission.
               (2)  "Department" means the Texas Department of
  Transportation.
         (b)  Not later than the earlier of 30 days after the
  effective date of this Act or September 1, 2015:
               (1)  the speaker of the house of representatives shall
  appoint nine members to a House Select Committee on Transportation
  Planning and designate one member as chair; and
               (2)  the lieutenant governor shall appoint five members
  to a Senate Select Committee on Transportation Planning and
  designate one member as chair.
         (b-1)  In making appointments under Subsection (b) of this
  section, the speaker and the lieutenant governor should consider
  members that reflect diverse constituencies with respect to:
               (1)  geographic areas in the state;
               (2)  urban and rural areas; and
               (3)  ethnicity.
         (b-1)  In making appointments under Subsection (b) of this
  section, the speaker and the lieutenant governor shall consider
  members that reflect diverse constituencies with respect to:
               (1)  geographic areas in the state;
               (2)  gender; and
               (3)  ethnicity.
         (c)  The committees established under this section may meet
  separately at the call of the chair of the committee or jointly at
  the call of both chairs. In joint meetings, the chairs shall act as
  joint chairs.
         (d)  The committees established under this section, meeting
  separately or jointly, shall review, study, and evaluate:
               (1)  department projections regarding the revenue
  needed by the department to maintain current maintenance,
  congestion, and connectivity conditions;
               (2)  the development of funding categories, the
  allocation of funding to such categories by formula, project
  selection authority for each funding category, and the development
  of project selection criteria for commission, department, and
  district-selected projects;
               (3)  department rules and policies regarding the
  development and implementation of performance-based scoring and
  decision making for project prioritization and selection of
  commission, department, and district-selected projects;
               (4)  the use and utilization of alternative methods of
  financing that have been authorized by the legislature for
  projects;
               (5)  performance metrics and measurement tools used by
  the department to evaluate the performance of a department project
  or program;
               (6)  the department's collaboration with state elected
  officials, local governments, government trade associations,
  metropolitan planning organizations, regional mobility
  authorities, and other entities when adopting rules or formulating
  policies;
               (7)  any proposed rule, policy, program, or plan of the
  commission or department of statewide significance;
               (8)  any possible benefits of utilizing zero-based
  budgeting principles; and
               (9)  any other matter the committee considers
  appropriate.
         (e)  Following consideration of the factors described by
  Subsection (d) of this section, the committees shall prepare a
  written report on the reviewed subjects and shall, not later than
  November 1, 2016, provide to the legislature the report.
         (f)  The committees established under this section may
  exercise any power of a committee of their respective chambers and
  any powers of a joint committee. For the purposes of this section,
  the committees established under this section are considered a
  joint committee and the cost of operation of each committee may be
  borne in the same manner as the cost of a joint committee. The Texas
  Legislative Council may provide funding for the operations of the
  committees. To the extent not inconsistent with this section, the
  joint rules adopted by the 84th Legislature for the administration
  of joint interim legislative study committees apply to the
  committees established under this section.
         (g)  Not later than September 1, 2015, the department shall
  submit an initial report to the select committees. The report shall
  provide information necessary for the select committees to review,
  study, and evaluate the factors described by Subsections (d)(1),
  (2), and (3) of this section. Not later than November 1, 2015, the
  department shall submit to the select committees a preliminary
  report on the remaining factors described by Subsection (d) of this
  section.
         (h)  The department shall submit reports to the select
  committees on any other matters not included in Subsection (d) of
  this section as requested by the committees.
         (i)  This section expires January 13, 2017.
         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, 2015.