81R1732 MTB-F
By: Isett H.B. No. 1815
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a state agency to facilitate
public-private partnerships to plan and take action regarding
governmental projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 10, Government Code, is
amended by adding Chapter 2267 to read as follows:
CHAPTER 2267. GOVERNMENTAL PROJECTS AND INFRASTRUCTURE: TEXAS
PARTNERSHIPS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2267.001. DEFINITIONS. In this chapter:
(1) "Agency" means Texas Partnerships.
(2) "Arbitrator" means a person appointed by the
governor under Section 2267.055.
(3) "Board" means the board of directors of Texas
Partnerships.
(4) "Governmental entity" means:
(A) a board, commission, department, or other
agency of the state, including an institution of higher education
as defined by Section 61.003, Education Code; and
(B) a political subdivision of the state,
including a municipality, a county, or any kind of district.
(5) "Infrastructure" includes a road, bridge, tunnel,
overpass, ferry, airport, mass transit facility, vehicle parking
facility, port facility, fuel supply facility, oil or gas pipeline,
transmission system, distribution system, water supply facility,
public work, waste treatment facility, telecommunications
facility, hospital, school, medical or nursing care facility,
public building, or other similar facility currently available, or
to be made available, to a governmental entity or for public use,
together with any structures, parking areas, appurtenances, and
other property required to operate such a structure or facility.
(6) "Project" includes:
(A) the planning, procurement, operation,
maintenance, rehabilitation, management, or other activities
connected with taking action regarding infrastructure by or on
behalf of a governmental entity;
(B) the delivery of a service to the public or to
a governmental entity; or
(C) the delivery of new systems required in
conjunction with or in support of an infrastructure or service
delivery project.
(7) "Public-private partnership" means an arrangement
between a governmental entity and a person that facilitates,
provides for, or contemplates the undertaking of a project by the
person on the basis that the governmental entity will identify the
performance requirements necessary to achieve the desired outcome
and the person will achieve that outcome.
Sec. 2267.002. AGENCY. Texas Partnerships is an agency of
the state governed by the board.
Sec. 2267.003. APPLICATION OF SUNSET, OPEN MEETINGS, AND
ADMINISTRATIVE PROCEDURES LAWS. (a) The agency is subject to
Chapter 325 (Texas Sunset Act). Unless continued in existence as
provided by that chapter, the agency is abolished and this chapter
expires September 1, 2021.
(b) The agency is subject to the open meetings law, Chapter
551, and the administrative procedure law, Chapter 2001.
Sec. 2267.004. APPLICATION OF OTHER LAW. The provisions of
this chapter relating to projects are in addition to other
procedures for planning or undertaking projects under this title or
other law.
[Sections 2267.005-2267.050 reserved for expansion]
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 2267.051. COMPOSITION OF BOARD. (a) The board is
composed of seven members appointed by the governor with the advice
and consent of the senate. Members serve for staggered terms of six
years, with the terms of one-third, or as close to one-third as
possible, of the members expiring February 1 of each odd-numbered
year.
(b) Each member of the board must have knowledge,
experience, and expertise relevant to the business and affairs of
the agency.
Sec. 2267.052. PRESIDING OFFICER. The governor shall
designate a member of the board as the presiding officer of the
board to serve in that capacity at the pleasure of the governor.
Sec. 2267.053. DUTIES OF MEMBERS. Each member of the board
shall, in exercising the member's powers or performing the member's
duties:
(1) act honestly and in good faith in the best
interests of the agency; and
(2) exercise the care, diligence, and skill that a
reasonably prudent person would in comparable circumstances.
Sec. 2267.054. PERSONNEL. (a) The agency shall employ an
executive director.
(b) The executive director is the chief executive officer of
the agency and is charged with the general direction, supervision,
and control of the business of the agency and may exercise other
powers conferred on the executive director by rule of the board.
(c) The executive director may employ personnel necessary
to implement this chapter.
Sec. 2267.055. ARBITRATORS. The governor shall appoint one
or two persons as arbitrators. Arbitrators serve for a term of two
years.
Sec. 2267.056. IMMUNITY AND INDEMNITY OF EMPLOYEES AND
OTHERS; REIMBURSEMENT FOR EXPENSES. (a) A civil action to impose
liability for damages may not be commenced against a board member or
employee of the agency for:
(1) any act done or purported to be done in carrying
out the duties of the agency under this chapter if the act was done
in good faith in the exercise or performance or intended exercise or
performance of a power or duty under this chapter; or
(2) any neglect or default arising out of any act,
omission, decision, or determination made or arising out of or in
the course of the exercise or performance in good faith of any power
or duty under this chapter.
(b) Every member of the board or employee of the agency and
their heirs, executors, and estates shall be indemnified and held
harmless by the agency with respect to all costs, charges, and
expenses that the individual incurs in relation to any action or
other proceeding brought or prosecuted against the individual in
connection with the performance by the individual of the
individual's duties as a member of the board or employee of the
agency, except costs, charges, and expenses that are occasioned by
the individual's wilful neglect or wilful default.
(c) A member of the board or employee of the agency is
entitled to reimbursement for all other costs, charges, and
expenses the individual incurs in connection with the performance
of the individual's duties as a member or employee.
Sec. 2267.057. RULES. The board shall adopt rules to
implement this chapter.
[Sections 2267.058-2267.070 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 2267.071. GENERAL DUTIES. The agency shall:
(1) assist with and support and advise governmental
entities on the use of public-private partnerships for planning,
procurement, implementation, undertaking, financing, delivery,
operation, maintenance, management, or rehabilitation of projects,
including infrastructure projects;
(2) study, develop, formulate, establish, and
communicate to governmental entities policies and procedures for
the use of public-private partnerships for planning, procurement,
implementation, undertaking, financing, delivery, operation,
maintenance, management, or rehabilitation of projects, including
infrastructure projects;
(3) develop policies, procedures, protocols, and
methodology to assess and evaluate how projects should be financed
and otherwise undertaken through the use of public-private
partnerships so as to achieve optimum value for financial, social,
or economic benefit;
(4) provide services to governmental entities in
relation to the use of public-private partnerships for projects,
assess the feasibility of the use of public-private partnerships
for projects for governmental entities, or plan, procure,
implement, undertake, finance, develop, operate, maintain, manage,
or rehabilitate projects, including infrastructure projects,
through the use of public-private partnerships on behalf of
governmental entities;
(5) plan, procure, implement, undertake, finance,
deliver, operate, manage, maintain, rehabilitate, or otherwise
take action regarding projects, including infrastructure projects,
through the use of public-private partnerships as the governor may
direct;
(6) establish, update, and continually promote
consistent standards for the undertaking of projects through the
use of public-private partnerships within this state;
(7) contract with governmental entities to provide
service, advice, assistance, and direction in relation to the
undertaking of projects through the use of public-private
partnerships or the procurement, constructing, management,
maintenance, and rehabilitation of infrastructure through the use
of public-private partnerships;
(8) through the use of public-private partnerships,
acquire, hold, own, use, lease, license, sell, plan, design,
finance, refinance, develop, construct, improve, operate, manage,
maintain, repair, replace, alter, extend, expand, rehabilitate,
dispose of, or otherwise take action regarding infrastructure;
(9) through the use of public-private partnerships,
acquire, hold, own, use, lease, license, sell, dispose of, or
otherwise take action regarding land in conjunction with the
undertaking of a project or otherwise; and
(10) through the use of public-private partnerships,
carry out other activities or duties authorized by this chapter or
at the direction of the governor.
Sec. 2267.072. GENERAL POWERS. The agency may:
(1) through the use of public-private partnerships,
acquire, hold, lease, license, sell, encumber, mortgage, charge,
dispose of, or otherwise take action regarding land;
(2) through the use of public-private partnerships,
plan, procure, implement, undertake, finance, deliver, operate,
manage, maintain, rehabilitate, or otherwise take action regarding
projects, including infrastructure projects;
(3) enter into and amend an agreement with a
governmental entity;
(4) raise revenues through access fees, usage fees,
tolls, license fees, franchise fees, right-of-way charges, or the
lease or sale of commercial rights with respect to infrastructure
and other similar charges, in each case imposed through the use of
public-private partnerships in relation to projects, including
infrastructure projects or any infrastructure that is itself owned,
administered, or controlled by the agency;
(5) issue revenue bonds to pay for projects;
(6) charge fees to governmental entities with whom the
agency contracts or provides assistance, support, or advice in
relation to projects, including infrastructure projects;
(7) perform other activities as authorized by this
chapter or as incidental to or necessary for carrying out the
agency's duties; and
(8) perform other activities or duties as the governor
may direct.
Sec. 2267.073. UNDERTAKING OR EVALUATING PROJECTS. The
agency, in undertaking or evaluating a project through the use of
public-private partnerships on behalf of a governmental entity,
shall ensure that the project:
(1) provides optimal value for financial, social, or
economic benefits to this state; and
(2) enhances the economic and social well-being of
this state.
Sec. 2267.074. FINANCIAL REPORT. The agency shall, not
later than the 180th day after the end of the state fiscal year,
submit to the governor a report, in the form required by the
governor, on the operations of the agency during that fiscal year.
Sec. 2267.075. BONDS. The agency and the Texas Public
Finance Authority shall enter into a memorandum of understanding
that allocates the responsibility for issuing and selling bonds to
finance the acquisition or construction of buildings for which the
agency and the Texas Public Finance Authority, under Section
1232.102, each has authority.
[Sections 2267.076-2267.100 reserved for expansion]
SUBCHAPTER D. ARBITRATION
Sec. 2267.101. APPEAL. (a) A person who disputes liability
for a fee, usage fee, toll, license fee, franchise fee,
right-of-way charge, or other similar charge imposed in relation to
a project, including infrastructure that is itself owned,
administered, or controlled by the agency, may appeal that
liability to an arbitrator in accordance with the appeal procedure.
(b) The board by rule shall prescribe the appeal procedure.
Sec. 2267.102. ORDERS. On an appeal under this subchapter,
the arbitrator may make any order the arbitrator considers
appropriate, including:
(1) an order that the person who appealed pay none,
some, or all of the fee or charge; and
(2) an order that the person be repaid some or all of
the fee or charge.
SECTION 2. As soon as possible after the effective date of
this Act, the governor shall make the appointments required by
Chapter 2267, Government Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2009.