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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Texas Department of Transportation |
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to enter into comprehensive development agreements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 223, Transportation Code, |
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is amended by adding Section 223.2014 to read as follows: |
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Sec. 223.2014. AUTHORIZED PROJECTS. (a) The department may |
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enter into a comprehensive development agreement for a project |
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described by Section 223.201(a)(1) or (2) if: |
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(1) the estimated capital costs for construction of |
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the project exceeds $1 billion; and |
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(2) the department demonstrates that state funding for |
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the project is not available without significant reprioritization |
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of existing funds that are designated for other highway improvement |
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projects. |
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(b) The department may enter into not more than one |
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comprehensive development agreement under this section during each |
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fiscal year. |
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SECTION 2. Section 223.201(b), Transportation Code, is |
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transferred to Subchapter E, Chapter 223, Transportation Code, |
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redesignated as Section 223.2001, Transportation Code, and amended |
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to read as follows: |
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Sec. 223.2001. DEFINITION. [(b)] In this subchapter, |
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"comprehensive development agreement" means an agreement that, at a |
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minimum, provides for the design and construction, reconstruction, |
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rehabilitation, expansion, or improvement of a project described in |
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Section 223.201(a) [Subsection (a)] and may also provide for the |
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financing, acquisition, maintenance, or operation of a project |
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described in that section [Subsection (a)]. |
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SECTION 3. Subchapter E, Chapter 223, Transportation Code, |
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is amended by adding Section 223.2002 to read as follows: |
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Sec. 223.2002. LIMITATION. The department may enter into a |
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comprehensive development agreement only: |
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(1) for specific projects authorized under this |
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subchapter; or |
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(2) as provided by Subchapter F. |
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SECTION 4. Sections 223.201(f), (g), and (j), |
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Transportation Code, are amended to read as follows: |
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(f) The department may enter into a comprehensive |
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development agreement [only] for all or part of[:
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[(1)] the State Highway 99 (Grand Parkway) project[;] |
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[(2) the Interstate Highway 35E managed lanes project
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in Dallas and Denton Counties from Interstate Highway 635 to U.S.
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Highway 380;
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[(3) the Interstate Highway 35W project in Tarrant
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County from Interstate Highway 30 to State Highway 114;
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[(4) the State Highway 183 managed lanes project in
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Tarrant and Dallas Counties from State Highway 121 to Interstate
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Highway 35E;
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[(5) the Interstate Highway 35E/U.S. Highway 67
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Southern Gateway project in Dallas County, including:
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[(A) Interstate Highway 35E from 8th Street to
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Interstate Highway 20; and
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[(B) U.S. Highway 67 from Interstate Highway 35E
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to Farm-to-Market Road 1382 (Belt Line Road);
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[(6) the State Highway 288 project from U.S. Highway 59
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to south of State Highway 6 in Brazoria County and Harris County;
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[(7) the U.S. Highway 290 managed lanes project in
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Harris County from Interstate Highway 610 to State Highway 99;
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[(8) the Interstate Highway 820 project from State
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Highway 183 to Randol Mill Road;
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[(9) the State Highway 114 project in Dallas County from
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State Highway 121 to State Highway 183;
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[(10) the Loop 12 project in Dallas County from State
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Highway 183 to Interstate Highway 35E;
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[(11) the Loop 9 project in Dallas and Ellis Counties
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from Interstate Highway 20 to U.S. Highway 67; and
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[(12) the U.S. Highway 181 Harbor Bridge project in
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Nueces County between U.S. Highway 181 at Beach Avenue and
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Interstate Highway 37]. |
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(g) The department may combine in a comprehensive |
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development agreement under this subchapter: |
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(1) a toll project and a rail facility as defined by |
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Section 91.001; or |
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(2) two or more projects for which the department is |
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authorized under this subchapter to enter into a comprehensive |
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development agreement [described by Subsection (f)]. |
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(j) Before the department may enter into a comprehensive |
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development agreement under this subchapter [Subsection (f)], the |
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department must: |
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(1) for a project other than the State Highway 99 |
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(Grand Parkway) project, obtain[, not later than August 31, 2017,] |
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the appropriate environmental clearance: |
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(A) for the project; or |
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(B) for the initial or base scope of the project |
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if the project agreement provides for the phased construction of |
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the project; and |
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(2) present to the commission a full financial plan |
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for the project, including costing methodology and cost proposals. |
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SECTION 5. Section 223.2012(a), Transportation Code, is |
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amended to read as follows: |
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(a) In this section, the North Tarrant Express project is |
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the project on Interstate Highway 35W in Tarrant County from |
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Interstate Highway 30 to State Highway 114 that was [described by
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Section 223.201(f)(3)] entered into on June 23, 2009. |
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SECTION 6. The following provisions of the Transportation |
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Code are repealed: |
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(1) Sections 223.201(i), (k), and (m); and |
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(2) Section 223.2011. |
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SECTION 7. This Act takes effect September 1, 2019. |