85R22819 JXC-D
 
  By: Cosper H.B. No. 4163
 
  Substitute the following for H.B. No. 4163:
 
  By:  Morrison C.S.H.B. No. 4163
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the allocation of money associated with delays of
  transportation projects.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 222, Transportation Code,
  is amended by adding Section 222.007 to read as follows:
         Sec. 222.007.  ALLOCATION OF MONEY FROM TRANSPORTATION
  PROJECT DELAYS. (a) The department shall establish a system to
  track:
               (1)  fees for delays in transportation projects
  collected by the department from contractors hired by the
  department; and
               (2)  liquidated damages retained by the department
  associated with delayed transportation project contracts.
         (b)  The system must allow the department to correlate the
  fees and liquidated damages with:
               (1)  the project that was the subject of the fees or
  damages; and
               (2)  each department district in which the project that
  was the subject of the fees or damages is located.
         (c)  Each year, the department shall:
               (1)  for each department district, determine the amount
  of money described by Subsection (a) collected or retained in the
  previous year that is attributable to projects located in the
  district; and
               (2)  in addition to other amounts, allocate to each
  department district an amount of money equal to the amount
  determined for the district under Subdivision (1) to be used for
  transportation projects located in that district.
         (d)  If a transportation project that was the subject of fees
  or liquidated damages is located in more than one department
  district, the department may reasonably allocate the penalty
  revenue from that project between the districts in which the
  project is located.
         SECTION 2.  This Act takes effect September 1, 2017.