By: Israel H.B. No. 4231

A BILL TO BE ENTITLED

AN ACT

relating to the authority to enter into a comprehensive development agreement for a project on Interstate Highway 35 in Travis County.

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

SECTION 1. Section 223.201(b), Transportation Code, is transferred to Subchapter E, Chapter 223, Transportation Code, redesignated as Section 223.2001, Transportation Code, and amended to read as follows:

Sec. 223.2001. DEFINITION. [(b)] In this subchapter, "comprehensive development agreement" means an agreement that, at a minimum, provides for the design and construction, reconstruction, rehabilitation, expansion, or improvement of a project described in Section 223.201(a) [Subsection (a)] and may also provide for the financing, acquisition, maintenance, or operation of a project described in that section [Subsection (a)].

SECTION 2. Subchapter E, Chapter 223, Transportation Code, is amended by adding Section 223.2002 to read as follows:

Sec. 223.2002. LIMITATION. The department may enter into a comprehensive development agreement only:

(1) for specific projects authorized under this subchapter; or

(2) as provided by Subchapter F.

SECTION 3. Sections 223.201(f), (g), and (j), Transportation Code, are amended to read as follows:

(f) The department may enter into a comprehensive development agreement [only] for all or part of[:

[(1)] the State Highway 99 (Grand Parkway) project[;

[(2) the Interstate Highway 35E managed lanes project in Dallas and Denton Counties from Interstate Highway 635 to U.S. Highway 380;

[(3) the Interstate Highway 35W project in Tarrant County from Interstate Highway 30 to State Highway 114;

[(4) the State Highway 183 managed lanes project in Tarrant and Dallas Counties from State Highway 121 to Interstate Highway 35E;

[(5) the Interstate Highway 35E/U.S. Highway 67 Southern Gateway project in Dallas County, including:

[(A) Interstate Highway 35E from 8th Street to Interstate Highway 20; and

[(B) U.S. Highway 67 from Interstate Highway 35E to Farm-to-Market Road 1382 (Belt Line Road);

[(6) the State Highway 288 project from U.S. Highway 59 to south of State Highway 6 in Brazoria County and Harris County;

[(7) the U.S. Highway 290 managed lanes project in Harris County from Interstate Highway 610 to State Highway 99;

[(8) the Interstate Highway 820 project from State Highway 183 to Randol Mill Road;

[(9) the State Highway 114 project in Dallas County from State Highway 121 to State Highway 183;

[(10) the Loop 12 project in Dallas County from State Highway 183 to Interstate Highway 35E;

[(11) the Loop 9 project in Dallas and Ellis Counties from Interstate Highway 20 to U.S. Highway 67; and

[(12) the U.S. Highway 181 Harbor Bridge project in Nueces County between U.S. Highway 181 at Beach Avenue and Interstate Highway 37].

(g) The department may combine in a comprehensive development agreement under this subchapter:

(1) a toll project and a rail facility as defined by Section 91.001; or

(2) two or more projects for which the department is authorized under this subchapter to enter into a comprehensive development agreement [described by Subsection (f)].

(j) Before the department may enter into a comprehensive development agreement under this subchapter [Subsection (f)], the department must:

(1) for a project other than the State Highway 99 (Grand Parkway) project, obtain[, not later than August 31, 2017,] the appropriate environmental clearance:

(A) for the project; or

(B) for the initial or base scope of the project if the project agreement provides for the phased construction of the project; and

(2) present to the commission a full financial plan for the project, including costing methodology and cost proposals.

SECTION 4. Section 223.2012(a), Transportation Code, is amended to read as follows:

(a) In this section, the North Tarrant Express project is the project on Interstate Highway 35W in Tarrant County from Interstate Highway 30 to State Highway 114 that was [described by Section 223.201(f)(3)] entered into on June 23, 2009.

SECTION 5. Subchapter E, Chapter 223, Transportation Code, is amended by adding Section 223.2014 to read as follows:

Sec. 223.2014. AUTHORIZED PROJECT. (a) The department may enter into a comprehensive development agreement for a project on Interstate Highway 35 in Travis County.

(b) Any managed lane included in a project described by Subsection (a) must provide free use of the lane to a public transit motor bus of a mass transit entity operating under Subtitle K.

(c) This section expires August 31, 2021.

SECTION 6. The following provisions of the Transportation Code are repealed:

(1) Sections 223.201(i), (k), and (m); and

(2) Section 223.2011.

SECTION 7. Section 370.305(c), Transportation Code, is amended to read as follows:

(c) An authority may enter into a comprehensive development agreement only:

(1) for specific projects authorized under this subchapter; or

(2) as provided by Subchapter K [Except as provided by this chapter, an authority's authority to enter into a comprehensive development agreement expires on August 31, 2011].

SECTION 8. Subchapter G, Chapter 370, Transportation Code, is amended by adding Section 370.3051 to read as follows:

Sec. 370.3051. AUTHORIZED PROJECTS FOR COMPREHENSIVE DEVELOPMENT AGREEMENTS. (a) A regional mobility authority may enter into a comprehensive development agreement for a project on Interstate Highway 35 in Travis County.

(b) Any managed lane included in a project described by Subsection (a) must provide free use of the lane to a public transit motor bus of a mass transit entity operating under Subtitle K.

(c) This section expires August 31, 2021.

SECTION 9. This Act takes effect September 1, 2019.