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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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and a regional mobility authority to enter into a comprehensive |
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development agreement for a project in Hidalgo and Cameron |
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Counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 223.201(b), Transportation Code, is |
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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 2. 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 3. 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
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59 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
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from 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 Subsection (f)], the 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 4. 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 5. 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; EXPIRATION. (a) The |
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department may enter into a comprehensive development agreement for |
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a project listed under Section 370.3051. |
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(b) This section expires August 31, 2025. |
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SECTION 6. Section 370.305, Transportation Code, is amended |
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by amending Subsection (c) and adding Subsections (d), (e), and (f) |
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to read as follows: |
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(c) An authority may enter into a comprehensive development |
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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 K [Except as provided by
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this chapter, an authority's authority to enter into a
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comprehensive development agreement expires on August 31, 2011]. |
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(d) Before an authority may enter into a comprehensive |
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development agreement, the authority must: |
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(1) obtain 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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(e) In this section, "environmental clearance" means: |
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(1) a finding of no significant impact has been issued |
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for the project or, as applicable, for the initial or base scope of |
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the project; or |
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(2) for a project for which an environmental impact |
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statement is prepared, a record of decision has been issued for that |
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project or, as applicable, for the initial or base scope of the |
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project. |
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(f) The department may not provide any financial assistance |
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to an authority to pay for the costs of procuring a comprehensive |
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development agreement. |
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SECTION 7. Subchapter G, Chapter 370, Transportation Code, |
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is amended by adding Section 370.3051 to read as follows: |
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Sec. 370.3051. AUTHORIZED PROJECT FOR COMPREHENSIVE |
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DEVELOPMENT AGREEMENT; EXPIRATION. (a) A regional mobility |
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authority may enter into a comprehensive development agreement for |
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the Farm-to-Market 1925 project from U.S. Highway 281 in Hidalgo |
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County to U.S. Highway 77 in Cameron County. |
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(b) This section expires August 31, 2025. |
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SECTION 8. Section 228.104(a), Transportation Code, is |
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amended to read as follows: |
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(a) The principal of, interest on, and any redemption |
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premium on bonds issued by the commission under this subchapter are |
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payable solely from: |
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(1) the revenue of the toll project or system for which |
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the bonds are issued, including tolls pledged to pay the bonds; |
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(2) the proceeds of bonds issued for the project or |
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system; |
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(3) the amounts deposited in a debt service reserve |
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fund as required by the trust agreement securing bonds issued for |
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the project or system; |
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(4) amounts received under a credit agreement relating |
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to the project or system for which the bonds are issued; |
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(5) surplus revenue of another project or system as |
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authorized by Section 228.006; and |
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(6) amounts received by the department: |
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(A) as pass-through tolls under Section 222.104; |
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(B) under an agreement with a local governmental |
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entity entered into under Section 228.254; |
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(C) under other agreements with a local |
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governmental entity relating to the project or system for which the |
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bonds are issued; and |
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(D) under a comprehensive development agreement |
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entered into under Subchapter E, Chapter 223 [Section 223.201]. |
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SECTION 9. 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 10. This Act takes effect September 1, 2019. |