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A BILL TO BE ENTITLED
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AN ACT
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relating to Texas Department of Transportation and regional |
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mobility authority comprehensive development agreements. |
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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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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 Section 223.201(a) [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), (i), 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 under this subchapter only for all or part |
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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 |
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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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(13) the Interstate Highway 35 project in Travis and |
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Williamson Counties from State Highway 45 North to State Highway 45 |
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Southeast; |
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(14) the Interstate Highway 45 North project in Harris |
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County from Beltway 8 to Interstate Highway 10; |
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(15) the Hempstead Managed Tollway project in Harris |
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County from State Highway 99 to the Interstate Highway |
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610/Interstate Highway 10 interchange; |
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(16) the Interstate Highway 30 project in Tarrant |
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County from Interstate Highway 35W to east of Fielder Road; |
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(17) the Interstate Highway 635 East project in Dallas |
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County from U.S. Highway 75 to Interstate Highway 30; |
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(18) the Interstate Highway 35E project in Dallas and |
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Denton Counties from Interstate Highway 635 to U.S. Highway 380; |
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and |
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(19) a project listed under Section 370.3051. |
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(i) The department's authority to enter into a |
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comprehensive development agreement expires: |
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(1) August 31, 2017, for a project described in |
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Subdivisions (1)-(12) of [by] Subsection (f), other than the State |
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Highway 99 (Grand Parkway) project and the State Highway 183 |
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managed lanes project; [and] |
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(2) August 31, 2015, for the State Highway 183 managed |
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lanes project; and |
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(3) August 31, 2031, for a project described in |
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Subdivisions (13)-(19) of 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 370.305(c), Transportation Code, is |
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amended 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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SECTION 5. 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 PROJECTS FOR COMPREHENSIVE |
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DEVELOPMENT AGREEMENTS; EXPIRATION. (a) A regional mobility |
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authority may enter into a comprehensive development agreement for: |
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(1) the Interstate Highway 35 Northeast Expansion |
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project, from Loop 410 South in Bexar County to Farm-to-Market Road |
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1103 in Comal County; |
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(2) the Loop 1604 project in Bexar County; |
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(3) the Outer Parkway project in Cameron County from |
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U.S. Highway 77 to Farm-to-Market Road 1847; |
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(4) the South Padre Island Second Access Causeway |
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project in Cameron County from State Highway 100 to Park Road 100; |
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(5) the Farm-to-Market 1925 project from U.S. Highway |
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281 in Hidalgo County to U.S. Highway 77 in Cameron County; |
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(6) the Hidalgo County Loop project; |
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(7) the International Bridge Trade Corridor project in |
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Hidalgo County; |
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(8) the State Highway 68 project in Hidalgo County; |
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(9) the U.S. Highway 290 West project in Travis County |
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from Loop 1 to Ranch-to-Market Road 1826 (Oak Hill Parkway); |
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(10) the Loop 1 South project in Travis County from |
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Cesar Chavez Street to Slaughter Lane; and |
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(11) the Loop 49 project: |
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(A) in Smith County from Interstate Highway 20 to |
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U.S. Highway 69 (Lindale Relief Route); and |
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(B) from State Highway 110 in Smith County to |
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U.S. Highway 259 in Gregg County (Segments 6 and 7). |
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(b) An authority's authority to enter into a comprehensive |
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development agreement for a project listed in Subsection (a) |
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expires August 31, 2031. |
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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(k) and (m); and |
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(2) Section 223.2011. |
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SECTION 7. The changes in law made by this Act do not |
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invalidate a comprehensive development agreement or facility |
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agreement entered into under Subchapter E, Chapter 223, |
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Transportation Code, before the effective date of this Act, and do |
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not limit the Texas Department of Transportation's continued |
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authority relating to those agreements. The prior law is continued |
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in effect for the limited purpose of continuing to govern those |
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agreements as applicable. |
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SECTION 8. This Act takes effect September 1, 2021. |