Texas 2009 - 81st Regular

Texas House Bill HB1815 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1732 MTB-F
2	2	By: Isett H.B. No. 1815
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of a state agency to facilitate
8	8	public-private partnerships to plan and take action regarding
9	9	governmental projects.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 10, Government Code, is
12	12	amended by adding Chapter 2267 to read as follows:
13	13	CHAPTER 2267. GOVERNMENTAL PROJECTS AND INFRASTRUCTURE: TEXAS
14	14	PARTNERSHIPS
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 2267.001. DEFINITIONS. In this chapter:
17	17	(1) "Agency" means Texas Partnerships.
18	18	(2) "Arbitrator" means a person appointed by the
19	19	governor under Section 2267.055.
20	20	(3) "Board" means the board of directors of Texas
21	21	Partnerships.
22	22	(4) "Governmental entity" means:
23	23	(A) a board, commission, department, or other
24	24	agency of the state, including an institution of higher education
25	25	as defined by Section 61.003, Education Code; and
26	26	(B) a political subdivision of the state,
27	27	including a municipality, a county, or any kind of district.
28	28	(5) "Infrastructure" includes a road, bridge, tunnel,
29	29	overpass, ferry, airport, mass transit facility, vehicle parking
30	30	facility, port facility, fuel supply facility, oil or gas pipeline,
31	31	transmission system, distribution system, water supply facility,
32	32	public work, waste treatment facility, telecommunications
33	33	facility, hospital, school, medical or nursing care facility,
34	34	public building, or other similar facility currently available, or
35	35	to be made available, to a governmental entity or for public use,
36	36	together with any structures, parking areas, appurtenances, and
37	37	other property required to operate such a structure or facility.
38	38	(6) "Project" includes:
39	39	(A) the planning, procurement, operation,
40	40	maintenance, rehabilitation, management, or other activities
41	41	connected with taking action regarding infrastructure by or on
42	42	behalf of a governmental entity;
43	43	(B) the delivery of a service to the public or to
44	44	a governmental entity; or
45	45	(C) the delivery of new systems required in
46	46	conjunction with or in support of an infrastructure or service
47	47	delivery project.
48	48	(7) "Public-private partnership" means an arrangement
49	49	between a governmental entity and a person that facilitates,
50	50	provides for, or contemplates the undertaking of a project by the
51	51	person on the basis that the governmental entity will identify the
52	52	performance requirements necessary to achieve the desired outcome
53	53	and the person will achieve that outcome.
54	54	Sec. 2267.002. AGENCY. Texas Partnerships is an agency of
55	55	the state governed by the board.
56	56	Sec. 2267.003. APPLICATION OF SUNSET, OPEN MEETINGS, AND
57	57	ADMINISTRATIVE PROCEDURES LAWS. (a) The agency is subject to
58	58	Chapter 325 (Texas Sunset Act). Unless continued in existence as
59	59	provided by that chapter, the agency is abolished and this chapter
60	60	expires September 1, 2021.
61	61	(b) The agency is subject to the open meetings law, Chapter
62	62	551, and the administrative procedure law, Chapter 2001.
63	63	Sec. 2267.004. APPLICATION OF OTHER LAW. The provisions of
64	64	this chapter relating to projects are in addition to other
65	65	procedures for planning or undertaking projects under this title or
66	66	other law.
67	67	[Sections 2267.005-2267.050 reserved for expansion]
68	68	SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
69	69	Sec. 2267.051. COMPOSITION OF BOARD. (a) The board is
70	70	composed of seven members appointed by the governor with the advice
71	71	and consent of the senate. Members serve for staggered terms of six
72	72	years, with the terms of one-third, or as close to one-third as
73	73	possible, of the members expiring February 1 of each odd-numbered
74	74	year.
75	75	(b) Each member of the board must have knowledge,
76	76	experience, and expertise relevant to the business and affairs of
77	77	the agency.
78	78	Sec. 2267.052. PRESIDING OFFICER. The governor shall
79	79	designate a member of the board as the presiding officer of the
80	80	board to serve in that capacity at the pleasure of the governor.
81	81	Sec. 2267.053. DUTIES OF MEMBERS. Each member of the board
82	82	shall, in exercising the member's powers or performing the member's
83	83	duties:
84	84	(1) act honestly and in good faith in the best
85	85	interests of the agency; and
86	86	(2) exercise the care, diligence, and skill that a
87	87	reasonably prudent person would in comparable circumstances.
88	88	Sec. 2267.054. PERSONNEL. (a) The agency shall employ an
89	89	executive director.
90	90	(b) The executive director is the chief executive officer of
91	91	the agency and is charged with the general direction, supervision,
92	92	and control of the business of the agency and may exercise other
93	93	powers conferred on the executive director by rule of the board.
94	94	(c) The executive director may employ personnel necessary
95	95	to implement this chapter.
96	96	Sec. 2267.055. ARBITRATORS. The governor shall appoint one
97	97	or two persons as arbitrators. Arbitrators serve for a term of two
98	98	years.
99	99	Sec. 2267.056. IMMUNITY AND INDEMNITY OF EMPLOYEES AND
100	100	OTHERS; REIMBURSEMENT FOR EXPENSES. (a) A civil action to impose
101	101	liability for damages may not be commenced against a board member or
102	102	employee of the agency for:
103	103	(1) any act done or purported to be done in carrying
104	104	out the duties of the agency under this chapter if the act was done
105	105	in good faith in the exercise or performance or intended exercise or
106	106	performance of a power or duty under this chapter; or
107	107	(2) any neglect or default arising out of any act,
108	108	omission, decision, or determination made or arising out of or in
109	109	the course of the exercise or performance in good faith of any power
110	110	or duty under this chapter.
111	111	(b) Every member of the board or employee of the agency and
112	112	their heirs, executors, and estates shall be indemnified and held
113	113	harmless by the agency with respect to all costs, charges, and
114	114	expenses that the individual incurs in relation to any action or
115	115	other proceeding brought or prosecuted against the individual in
116	116	connection with the performance by the individual of the
117	117	individual's duties as a member of the board or employee of the
118	118	agency, except costs, charges, and expenses that are occasioned by
119	119	the individual's wilful neglect or wilful default.
120	120	(c) A member of the board or employee of the agency is
121	121	entitled to reimbursement for all other costs, charges, and
122	122	expenses the individual incurs in connection with the performance
123	123	of the individual's duties as a member or employee.
124	124	Sec. 2267.057. RULES. The board shall adopt rules to
125	125	implement this chapter.
126	126	[Sections 2267.058-2267.070 reserved for expansion]
127	127	SUBCHAPTER C. POWERS AND DUTIES
128	128	Sec. 2267.071. GENERAL DUTIES. The agency shall:
129	129	(1) assist with and support and advise governmental
130	130	entities on the use of public-private partnerships for planning,
131	131	procurement, implementation, undertaking, financing, delivery,
132	132	operation, maintenance, management, or rehabilitation of projects,
133	133	including infrastructure projects;
134	134	(2) study, develop, formulate, establish, and
135	135	communicate to governmental entities policies and procedures for
136	136	the use of public-private partnerships for planning, procurement,
137	137	implementation, undertaking, financing, delivery, operation,
138	138	maintenance, management, or rehabilitation of projects, including
139	139	infrastructure projects;
140	140	(3) develop policies, procedures, protocols, and
141	141	methodology to assess and evaluate how projects should be financed
142	142	and otherwise undertaken through the use of public-private
143	143	partnerships so as to achieve optimum value for financial, social,
144	144	or economic benefit;
145	145	(4) provide services to governmental entities in
146	146	relation to the use of public-private partnerships for projects,
147	147	assess the feasibility of the use of public-private partnerships
148	148	for projects for governmental entities, or plan, procure,
149	149	implement, undertake, finance, develop, operate, maintain, manage,
150	150	or rehabilitate projects, including infrastructure projects,
151	151	through the use of public-private partnerships on behalf of
152	152	governmental entities;
153	153	(5) plan, procure, implement, undertake, finance,
154	154	deliver, operate, manage, maintain, rehabilitate, or otherwise
155	155	take action regarding projects, including infrastructure projects,
156	156	through the use of public-private partnerships as the governor may
157	157	direct;
158	158	(6) establish, update, and continually promote
159	159	consistent standards for the undertaking of projects through the
160	160	use of public-private partnerships within this state;
161	161	(7) contract with governmental entities to provide
162	162	service, advice, assistance, and direction in relation to the
163	163	undertaking of projects through the use of public-private
164	164	partnerships or the procurement, constructing, management,
165	165	maintenance, and rehabilitation of infrastructure through the use
166	166	of public-private partnerships;
167	167	(8) through the use of public-private partnerships,
168	168	acquire, hold, own, use, lease, license, sell, plan, design,
169	169	finance, refinance, develop, construct, improve, operate, manage,
170	170	maintain, repair, replace, alter, extend, expand, rehabilitate,
171	171	dispose of, or otherwise take action regarding infrastructure;
172	172	(9) through the use of public-private partnerships,
173	173	acquire, hold, own, use, lease, license, sell, dispose of, or
174	174	otherwise take action regarding land in conjunction with the
175	175	undertaking of a project or otherwise; and
176	176	(10) through the use of public-private partnerships,
177	177	carry out other activities or duties authorized by this chapter or
178	178	at the direction of the governor.
179	179	Sec. 2267.072. GENERAL POWERS. The agency may:
180	180	(1) through the use of public-private partnerships,
181	181	acquire, hold, lease, license, sell, encumber, mortgage, charge,
182	182	dispose of, or otherwise take action regarding land;
183	183	(2) through the use of public-private partnerships,
184	184	plan, procure, implement, undertake, finance, deliver, operate,
185	185	manage, maintain, rehabilitate, or otherwise take action regarding
186	186	projects, including infrastructure projects;
187	187	(3) enter into and amend an agreement with a
188	188	governmental entity;
189	189	(4) raise revenues through access fees, usage fees,
190	190	tolls, license fees, franchise fees, right-of-way charges, or the
191	191	lease or sale of commercial rights with respect to infrastructure
192	192	and other similar charges, in each case imposed through the use of
193	193	public-private partnerships in relation to projects, including
194	194	infrastructure projects or any infrastructure that is itself owned,
195	195	administered, or controlled by the agency;
196	196	(5) issue revenue bonds to pay for projects;
197	197	(6) charge fees to governmental entities with whom the
198	198	agency contracts or provides assistance, support, or advice in
199	199	relation to projects, including infrastructure projects;
200	200	(7) perform other activities as authorized by this
201	201	chapter or as incidental to or necessary for carrying out the
202	202	agency's duties; and
203	203	(8) perform other activities or duties as the governor
204	204	may direct.
205	205	Sec. 2267.073. UNDERTAKING OR EVALUATING PROJECTS. The
206	206	agency, in undertaking or evaluating a project through the use of
207	207	public-private partnerships on behalf of a governmental entity,
208	208	shall ensure that the project:
209	209	(1) provides optimal value for financial, social, or
210	210	economic benefits to this state; and
211	211	(2) enhances the economic and social well-being of
212	212	this state.
213	213	Sec. 2267.074. FINANCIAL REPORT. The agency shall, not
214	214	later than the 180th day after the end of the state fiscal year,
215	215	submit to the governor a report, in the form required by the
216	216	governor, on the operations of the agency during that fiscal year.
217	217	Sec. 2267.075. BONDS. The agency and the Texas Public
218	218	Finance Authority shall enter into a memorandum of understanding
219	219	that allocates the responsibility for issuing and selling bonds to
220	220	finance the acquisition or construction of buildings for which the
221	221	agency and the Texas Public Finance Authority, under Section
222	222	1232.102, each has authority.
223	223	[Sections 2267.076-2267.100 reserved for expansion]
224	224	SUBCHAPTER D. ARBITRATION
225	225	Sec. 2267.101. APPEAL. (a) A person who disputes liability
226	226	for a fee, usage fee, toll, license fee, franchise fee,
227	227	right-of-way charge, or other similar charge imposed in relation to
228	228	a project, including infrastructure that is itself owned,
229	229	administered, or controlled by the agency, may appeal that
230	230	liability to an arbitrator in accordance with the appeal procedure.
231	231	(b) The board by rule shall prescribe the appeal procedure.
232	232	Sec. 2267.102. ORDERS. On an appeal under this subchapter,
233	233	the arbitrator may make any order the arbitrator considers
234	234	appropriate, including:
235	235	(1) an order that the person who appealed pay none,
236	236	some, or all of the fee or charge; and
237	237	(2) an order that the person be repaid some or all of
238	238	the fee or charge.
239	239	SECTION 2. As soon as possible after the effective date of
240	240	this Act, the governor shall make the appointments required by
241	241	Chapter 2267, Government Code, as added by this Act.
242	242	SECTION 3. This Act takes effect September 1, 2009.