Texas 2009 - 81st Regular

Texas House Bill HB2589 Compare Versions

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1	1	81R23538 JTS-F
2	2	By: Pickett, McClendon, Harper-Brown, et al. H.B. No. 2589
3	3	Substitute the following for H.B. No. 2589:
4	4	By: McClendon C.S.H.B. No. 2589
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to transportation planning and funding allocations.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 201.051(a) and (b), Transportation
12	12	Code, are amended to read as follows:
13	13	(a) The Texas Transportation Commission consists of five
14	14	members, of which:
15	15	(1) three are appointed by the governor with the
16	16	advice and consent of the senate;
17	17	(2) one is appointed by the lieutenant governor; and
18	18	(3) one is appointed by the governor with the advice
19	19	and consent of the senate from a list provided by the speaker of the
20	20	house of representatives.
21	21	(b) The members shall be appointed to reflect the diverse
22	22	geographic regions and population groups of this state. One member
23	23	appointed by the governor under Subsection (a)(1) must reside in a
24	24	rural area.
25	25	SECTION 2. Sections 201.105(a) and (b), Transportation
26	26	Code, are amended to read as follows:
27	27	(a) The commission shall divide the state into [not more
28	28	than] 25 districts for the purpose of the performance of the
29	29	department's duties.
30	30	(b) The [In determining a district's boundaries, the]
31	31	commission shall align the districts' boundaries along the
32	32	boundaries of regional planning commissions created under Chapter
33	33	391, Local Government Code, and consider all costs and benefits,
34	34	including highway activity in determining [and] the number of
35	35	employees required for the proposed districts [district].
36	36	SECTION 3. Chapter 201, Transportation Code, is amended by
37	37	adding Subchapter F-1 to read as follows:
38	38	SUBCHAPTER F-1. OVERSIGHT
39	39	Sec. 201.451. LEGISLATIVE OVERSIGHT COMMITTEE ON
40	40	TRANSPORTATION. (a) In this section, "committee" means the
41	41	legislative oversight committee on transportation.
42	42	(b) The committee is composed of 10 members as follows:
43	43	(1) the chair of the Senate Committee on Finance;
44	44	(2) the chair of the House Committee on
45	45	Appropriations;
46	46	(3) the chair of the Senate Committee on
47	47	Transportation and Homeland Security;
48	48	(4) the chair of the House Committee on
49	49	Transportation;
50	50	(5) three additional members of the senate appointed
51	51	by the lieutenant governor; and
52	52	(6) three additional members of the house of
53	53	representatives appointed by the speaker of the house of
54	54	representatives.
55	55	(c) The committee shall monitor:
56	56	(1) the implementation of:
57	57	(A) the statewide transportation program and
58	58	budget; and
59	59	(B) the transportation allocation funding
60	60	formulas;
61	61	(2) the transportation transparency program;
62	62	(3) the development of performance measures under
63	63	Section 201.675(a); and
64	64	(4) other tasks assigned by the lieutenant governor
65	65	and the speaker of the house of representatives.
66	66	(d) This section expires August 31, 2013.
67	67	Sec. 201.452. INSPECTOR GENERAL. (a) The commission shall
68	68	appoint an inspector general who reports to the commission.
69	69	(b) The inspector general shall:
70	70	(1) audit the department's financial condition and the
71	71	efficiency of its business practices;
72	72	(2) evaluate the efficiency of the department's
73	73	administrative practices and performance, including business plan
74	74	performance measures, relationships with metropolitan planning
75	75	organizations, performance of department districts and offices,
76	76	and the need for standardization;
77	77	(3) identify the need and opportunities for reductions
78	78	in staff and the need for a better or differently skilled workforce;
79	79	(4) study the implementation of and improvements to a
80	80	commitment-based budget or business plan based on outcomes;
81	81	(5) identify ways to streamline the environmental
82	82	approval process;
83	83	(6) evaluate compliance with applicable laws and
84	84	legislative intent; and
85	85	(7) evaluate the efficient use of available funding,
86	86	personnel, equipment, and office space.
87	87	(c) Notwithstanding Subsection (a), the legislative
88	88	oversight committee on transportation under Section 201.451 shall
89	89	appoint the inspector general under this section. If appointed
90	90	under this subsection, the inspector general is subject to removal
91	91	for good cause by the commission. If the supreme court of this
92	92	state determines that an appointment under this subsection violates
93	93	Section 1, Article II, or Section 12, Article IV, Texas
94	94	Constitution, the commission shall appoint the inspector general
95	95	from a list provided by the legislative oversight committee on
96	96	transportation. This subsection expires August 31, 2013.
97	97	Sec. 201.453. COOPERATION AND COORDINATION WITH STATE
98	98	AUDITOR. (a) An inspector general's review does not take
99	99	precedence over the state auditor's review.
100	100	(b) The inspector general may meet with the state auditor's
101	101	office to coordinate a review conducted under this subchapter,
102	102	share information, or schedule work plans.
103	103	(c) In addition to the authority in Chapter 321, Government
104	104	Code, the state auditor is entitled to access all information
105	105	maintained by the inspector general, including vouchers,
106	106	electronic data, internal records, and other information.
107	107	(d) Any information obtained or provided by the state
108	108	auditor under this section is confidential and not subject to
109	109	disclosure under Chapter 552, Government Code.
110	110	Sec. 201.454. FINAL REVIEW REPORTS. (a) The inspector
111	111	general shall prepare a final report for each review conducted
112	112	under Section 201.452. The final report must include:
113	113	(1) a summary of the activities performed by the
114	114	inspector general in conducting the review; and
115	115	(2) a description of any findings in connection with a
116	116	review conducted under Section 201.452.
117	117	(b) An inspector general's final reports are subject to
118	118	disclosure under Chapter 552, Government Code.
119	119	(c) Unless otherwise prohibited by this chapter or other
120	120	law, the inspector general shall deliver a copy of each final report
121	121	that concerns the implementation or administration of a state or
122	122	federally funded program to:
123	123	(1) the commission and the executive director;
124	124	(2) the governor;
125	125	(3) the lieutenant governor;
126	126	(4) the speaker of the house of representatives;
127	127	(5) the state auditor; and
128	128	(6) the appropriate legislative oversight committees.
129	129	SECTION 4. Section 201.601, Transportation Code, is amended
130	130	to read as follows:
131	131	Sec. 201.601. STATEWIDE TRANSPORTATION PROGRAM AND BUDGET
132	132	[PLAN]. [(a)] The department shall develop a statewide
133	133	transportation program and budget under Subchapter H-1 [plan that
134	134	contains all modes of transportation, including:
135	135	[(1) highways and turnpikes;
136	136	[(2) aviation;
137	137	[(3) mass transportation;
138	138	[(4) railroads and high-speed railroads; and
139	139	[(5) water traffic].
140	140	[(b) In developing the plan, the department shall seek
141	141	opinions and assistance from other state agencies and political
142	142	subdivisions that have responsibility for the modes of
143	143	transportation listed by Subsection (a). As appropriate, the
144	144	department and such an agency or political subdivision shall enter
145	145	into a memorandum of understanding relating to the planning of
146	146	transportation services.
147	147	[(c) The plan must include a component that is not
148	148	financially constrained and identifies transportation improvements
149	149	designed to relieve congestion. In developing this component of
150	150	the plan, the department shall seek opinions and assistance from
151	151	officials who have local responsibility for modes of transportation
152	152	listed in Subsection (a).
153	153	[(d) The plan shall include a component, published
154	154	annually, that describes the evaluation of transportation
155	155	improvements based on performance measures, such as indices
156	156	measuring delay reductions or travel time improvements. The
157	157	department shall consider the performance measures in selecting
158	158	transportation improvements.]
159	159	SECTION 5. Chapter 201, Transportation Code, is amended by
160	160	adding Subchapter H-1 to read as follows:
161	161	SUBCHAPTER H-1. STATEWIDE TRANSPORTATION PLANNING AND FUNDING
162	162	ALLOCATION
163	163	Sec. 201.651. DEFINITIONS. In this subchapter:
164	164	(1) "Planning organization" means:
165	165	(A) a metropolitan planning organization; or
166	166	(B) for an area that is not in the boundaries of a
167	167	metropolitan planning organization, the department district that
168	168	serves the area.
169	169	(2) "Project cost" means the total cost of a
170	170	transportation project, including all costs associated with:
171	171	(A) planning;
172	172	(B) design;
173	173	(C) environmental assessment;
174	174	(D) right-of-way acquisition;
175	175	(E) construction;
176	176	(F) operations;
177	177	(G) maintenance;
178	178	(H) overruns; and
179	179	(I) change orders.
180	180	(3) "Region" means the area for which a planning
181	181	organization develops plans and receives funds under this
182	182	subchapter.
183	183	(4) "Transportation official" means an official in a
184	184	state agency or political subdivision who has responsibility for
185	185	any of the following modes of transportation:
186	186	(A) aviation;
187	187	(B) high-speed rail;
188	188	(C) highways;
189	189	(D) toll roads;
190	190	(E) mass transportation;
191	191	(F) railroads; and
192	192	(G) water traffic.
193	193	(5) "Transportation project" means:
194	194	(A) the planning of, right-of-way acquisition
195	195	for, expansion of, improvement of, addition to, routine maintenance
196	196	of, contracted routine maintenance of, or contract maintenance of
197	197	a:
198	198	(i) bridge;
199	199	(ii) highway;
200	200	(iii) toll road or toll road system; or
201	201	(iv) railroad;
202	202	(B) a project that enhances the safety of a
203	203	roadway to the traveling public;
204	204	(C) an air quality improvement initiative;
205	205	(D) a transportation enhancement activity under
206	206	23 U.S.C. Section 133; or
207	207	(E) mass transportation.
208	208	Sec. 201.652. PURPOSE. It is in the interest of this state
209	209	to:
210	210	(1) encourage and promote the safe and efficient
211	211	management, operation, and development of surface transportation
212	212	systems that will serve the mobility needs of people and freight and
213	213	foster economic growth and development in rural and urbanized areas
214	214	of this state, while minimizing transportation-related fuel
215	215	consumption and air pollution through metropolitan, rural, and
216	216	statewide transportation planning processes identified in this
217	217	chapter; and
218	218	(2) encourage the continued improvement and evolution
219	219	of the metropolitan, rural, and statewide transportation planning
220	220	processes by metropolitan planning organizations, the department,
221	221	and public transit operators as guided by the planning factors
222	222	identified in state and federal law.
223	223	Sec. 201.653. CASH FLOW FORECAST. (a) On September 1 of
224	224	each odd-numbered year, the department's chief financial officer
225	225	shall issue a cash flow forecast for each method and category of
226	226	funding that covers a period of not less than the 10 years following
227	227	the date the forecast is issued.
228	228	(b) The forecast must identify all sources of funding
229	229	available for transportation projects, including bond proceeds.
230	230	(c) The first two years of the forecast must be based on the
231	231	appropriation of funds in the General Appropriations Act for the
232	232	department for that biennium.
233	233	Sec. 201.654. ALLOCATION AND DEPOSIT OF FUNDING. (a) The
234	234	commission shall use the cash flow forecast under Section 201.653
235	235	to allocate funding to the planning organizations in accordance
236	236	with Section 201.666.
237	237	(b) The funds shall be deposited into subaccounts for each
238	238	region in the state highway fund. The balance of the subaccount
239	239	shall be carried forward from year to year for the benefit of the
240	240	region.
241	241	Sec. 201.655. PLANNING ORGANIZATION 10-YEAR PLAN. (a)
242	242	Each planning organization shall develop a 10-year transportation
243	243	plan for the use of the funding allocated to the region.
244	244	(b) The first four years of the plan shall be developed to
245	245	meet the transportation improvement plan requirements of 23 U.S.C.
246	246	Section 135.
247	247	(c) The department shall compile the planning
248	248	organizations' project selections to develop the statewide
249	249	transportation plan in accordance with 23 U.S.C. Section 135.
250	250	Sec. 201.656. PLANNING ORGANIZATION PROJECT SELECTION AND
251	251	PRIORITIZATION. (a) Each metropolitan planning organization
252	252	shall, for the area in its boundaries, select projects and order
253	253	them in priority.
254	254	(b) For an area not located in the boundaries of a
255	255	metropolitan planning organization, the applicable department
256	256	district shall:
257	257	(1) select projects and order them in priority with
258	258	input from municipal and county officials and transportation
259	259	officials; and
260	260	(2) submit the projects to the commission for final
261	261	approval.
262	262	Sec. 201.657. PROCESS FOR DEVELOPING PLANS AND PROGRAMS.
263	263	The process for developing the plans and programs under this
264	264	subchapter must:
265	265	(1) provide for consideration of all modes of
266	266	transportation;
267	267	(2) be continuing, cooperative, and comprehensive to
268	268	the extent appropriate, based on the complexity of the
269	269	transportation problems to be addressed; and
270	270	(3) give consideration to statewide connectivity of
271	271	transportation services and infrastructure.
272	272	Sec. 201.658. PLANNING ORGANIZATION LONG-RANGE PLAN. (a)
273	273	A planning organization may also prepare and update periodically a
274	274	long-range transportation plan for its region.
275	275	(b) The first 10 years of the long-range plan shall be
276	276	identical to the plan developed under Section 201.655.
277	277	(c) Before approving a long-range transportation plan, a
278	278	planning organization shall provide to residents in its boundaries,
279	279	affected public agencies, and other interested parties a reasonable
280	280	opportunity to comment on the long-range transportation plan.
281	281	(d) A planning organization shall make each of its
282	282	long-range transportation plans readily available for public
283	283	review and shall deliver each plan to the commission at the times
284	284	and in the manner required by the commission.
285	285	Sec. 201.659. PARTICIPATION IN PLAN DEVELOPMENT. (a) In
286	286	developing a plan under this subchapter, a planning organization
287	287	shall seek the opinions and assistance of the appropriate
288	288	transportation officials.
289	289	(b) As appropriate, the department and a metropolitan
290	290	planning organization may enter into a memorandum of understanding
291	291	relating to the planning of transportation services.
292	292	(c) The department shall review the plans of each planning
293	293	organization to ensure compliance with the requirements of 23
294	294	U.S.C. Section 135, and provide assistance to a planning
295	295	organization to correct deficiencies.
296	296	Sec. 201.660. PLANS TO BE FINANCIALLY CONSTRAINED. A plan
297	297	under this subchapter must be financially constrained and identify
298	298	transportation projects and projects for any other mode of
299	299	transportation not included in Section 201.651(7).
300	300	Sec. 201.661. PLAN ADJUSTMENTS. The commission shall adopt
301	301	rules to allow a planning organization to move projects forward or
302	302	delay projects if there are additional or less funds available than
303	303	identified in the cash flow forecast under Section 201.653.
304	304	Adjustments to the plan may not be made more than semiannually,
305	305	unless there are substantial increases or decreases in available
306	306	funding.
307	307	Sec. 201.662. EVALUATION COMPONENT OF PLAN. A plan under
308	308	this subchapter shall include a component, published annually, that
309	309	describes the evaluation of transportation improvements based on
310	310	performance measures, such as indices that measure delay reductions
311	311	or travel time improvements. The planning organization shall
312	312	consider the performance measures in selecting transportation
313	313	improvements.
314	314	Sec. 201.663. DEPARTMENT'S STATEWIDE TRANSPORTATION
315	315	PROGRAM AND BUDGET. (a) The department shall use the planning
316	316	organizations' project lists to create the statewide
317	317	transportation program and budget. The statewide transportation
318	318	program and budget shall include at least:
319	319	(1) the department's operating budget;
320	320	(2) the official cash flow forecast under Section
321	321	201.653;
322	322	(3) the regions' allocations of funds;
323	323	(4) the projects selected by the planning organization
324	324	under Section 201.656; and
325	325	(5) the work plan required by Section 201.673.
326	326	(b) The statewide transportation program and budget shall
327	327	be complete and adopted not later than June 30 of each even-numbered
328	328	year. The commission shall adopt rules to create a process for
329	329	planning organizations to amend the plan from July 1 of each
330	330	even-numbered year until August 31 of the following year.
331	331	Amendments to the plan may only reorder projects identified in the
332	332	same region subject to Section 201.661.
333	333	Sec. 201.664. LENDING FUNDS BETWEEN PLANNING
334	334	ORGANIZATIONS. (a) The commission may adopt rules to allow a
335	335	planning organization to loan funds to another planning
336	336	organization at the lending organization's discretion. Funds may
337	337	be loaned under this section only to avoid the lapsing of federal
338	338	appropriations authority.
339	339	(b) The rules must allow the lending planning organization
340	340	to have a senior position with regard to any future allocated funds
341	341	of the borrowing planning organization.
342	342	(c) The lending planning organization may not charge
343	343	interest on funds borrowed by another planning organization that
344	344	exceed the current bond rate of outstanding state highway fund
345	345	bonds or in the absence of outstanding debt the prevailing market
346	346	rate for comparable municipal debt. The commission shall notify
347	347	all districts of that rate.
348	348	(d) A lending planning organization may not be penalized in
349	349	its performance measures if it successfully negotiates a loan with
350	350	another planning organization.
351	351	(e) The commission may be involved in the coordination of a
352	352	loan of funds under this section.
353	353	Sec. 201.665. ORGANIZATION OF STATEWIDE TRANSPORTATION
354	354	PROGRAM AND BUDGET. (a) The statewide transportation program and
355	355	budget shall be organized first by region, then by mode of
356	356	transportation, followed by the year of the project.
357	357	(b) The summary tables of the statewide transportation
358	358	program and budget shall summarize the statewide project cost by
359	359	mode and then by year and shall be made available online in
360	360	accordance with Section 201.672.
361	361	Sec. 201.666. TRANSPORTATION ALLOCATION FUNDING FORMULA.
362	362	(a) The commission shall adopt rules that create funding formulas
363	363	for transportation projects. In developing the formulas the
364	364	commission shall consider the input of planning organizations,
365	365	transportation officials, and county and municipal officials.
366	366	(b) All funds received by the department for highways,
367	367	including toll roads and toll road systems, that may be allocated in
368	368	this state's or the department's discretion shall be allocated by a
369	369	formula to each planning organization that is based on performance
370	370	measures and includes at least the following criteria:
371	371	(1) centerline miles;
372	372	(2) level of congestion;
373	373	(3) percentage of population below federal poverty
374	374	level;
375	375	(4) population;
376	376	(5) safety; and
377	377	(6) vehicle miles traveled.
378	378	(c) The commission shall allocate to the planning
379	379	organizations funding for the project costs of all transportation
380	380	projects. The commission shall adopt various formulas for the
381	381	different types of transportation projects. The commission shall
382	382	adopt rules for all transportation formulas.
383	383	Sec. 201.667. USE OF ALLOCATED FUNDS. The funds allocated
384	384	to a planning organization under Section 201.666 may be used to:
385	385	(1) pay project costs, provide toll equity, or make
386	386	payments under a pass-through toll agreement, for transportation
387	387	projects selected by the planning organization;
388	388	(2) pay debt service;
389	389	(3) repay money borrowed from another region; or
390	390	(4) fund a planning organization's operations under
391	391	Section 201.670.
392	392	Sec. 201.668. SURPLUS REVENUE AND CONTRACT PAYMENTS NOT
393	393	ALLOCATED BY FORMULA. (a) Revenue from Sections 228.005,
394	394	228.0055, and 228.006 shall be allocated in accordance with
395	395	Subchapter B, Chapter 228.
396	396	(b) Funds associated with toll projects under Chapter 228
397	397	are not considered revenue allocated by a formula under Section
398	398	201.666.
399	399	Sec. 201.669. ENCUMBRANCE OF ALLOCATED FUNDS. (a) The
400	400	allocation of funds shall be encumbered in an amount equal to the
401	401	engineer's estimate of the project cost and reduced by the actual
402	402	project cost at the time payments associated with the project are
403	403	paid.
404	404	(b) If a planning organization elects to use bond proceeds
405	405	to advance a project, the allocation of funds shall be encumbered by
406	406	the annual cost of debt service and reduced when debt service
407	407	payments are paid.
408	408	Sec. 201.670. USE OF ALLOCATED FUNDS FOR OPERATING COSTS OF
409	409	PLANNING ORGANIZATION. (a) A metropolitan planning organization
410	410	operating in a transportation management area as defined by 23
411	411	U.S.C. Section 134(k) may use the allocated funds to pay for the
412	412	operations costs of the planning organization. The amount that may
413	413	be allocated to pay for the operations of the planning organization
414	414	may not exceed the lesser of $10 million or 10 percent of the
415	415	planning organization's total funds.
416	416	(b) A metropolitan planning organization operating in an
417	417	area that is not a transportation management area may use the
418	418	allocated funds to pay for the operations costs of the planning
419	419	organization. The amount that may be allocated to pay for the
420	420	operations of the planning organization may not exceed the lesser
421	421	of $3 million or 10 percent of the planning organization's total
422	422	funds.
423	423	Sec. 201.671. COMMISSION EMERGENCY AND ECONOMIC
424	424	DEVELOPMENT FUNDS. (a) Notwithstanding Section 201.654(b), the
425	425	commission may annually set aside an amount of funds not to exceed
426	426	the lesser of 10 percent of the total funds allocated to all
427	427	districts or $250 million for the purpose of addressing emergencies
428	428	or economic development opportunities that require transportation
429	429	infrastructure. The funds may be carried forward from year to year
430	430	but may not accumulate to more than $1 billion.
431	431	(b) If the commission elects to set aside an amount of funds
432	432	under Subsection (a), the total amount of funds available for
433	433	allocation shall be reduced by the amount set aside before the
434	434	allocation of funds by the formula.
435	435	(c) The funds shall be encumbered in an amount equal to the
436	436	engineer's estimate of the project cost and reduced by the actual
437	437	project cost at the time payments associated with the project are
438	438	paid.
439	439	(d) The commission may use funds set aside under this
440	440	section for emergency and economic development opportunities that
441	441	require transportation infrastructure in the same manner a planning
442	442	organization may use money allocated under Section 201.667.
443	443	(e) If the commission elects to use bond proceeds to advance
444	444	a project, the funds shall be encumbered by the annual cost of debt
445	445	service and reduced when debt service payments are paid.
446	446	(f) The funds set aside under Subsection (a) may be used to
447	447	pay cost overruns and change orders only for projects selected by
448	448	the commission under this section.
449	449	(g) The commission may use the funds set aside under
450	450	Subsection (a) to make payments for projects funded in accordance
451	451	with Section 222.104 or to provide toll equity only if the
452	452	commission selects the projects using a competitive project
453	453	selection process.
454	454	Sec. 201.672. TRANSPORTATION TRANSPARENCY PROGRAM FOR
455	455	PROJECTS AND ALLOCATIONS. (a) The department shall develop an
456	456	interactive web-based system for the tracking of planning
457	457	organization allocations and projects. The planning organizations
458	458	shall be granted access to the system through a secure site to input
459	459	information regarding projects and the associated project costs.
460	460	(b) The system shall provide the planning organization
461	461	information regarding the organization's allocation of funding for
462	462	the region and the federal and state requirements for each source of
463	463	funding.
464	464	(c) The department shall assign a project number to each
465	465	project that correlates to the region in which the project is
466	466	located.
467	467	(d) The department shall develop standardized reports to
468	468	assist district engineers and executive staff in tracking the
469	469	efficiency of project development and to ensure the prudent use of
470	470	funds by the planning organization.
471	471	(e) The system shall be linked to a publicly accessible
472	472	website that enables the tracking of project development and the
473	473	expenditure of funds. For each project the website must contain a
474	474	map identifying the location of the project and a report that
475	475	identifies the project, a general scope of work, the allocation of
476	476	funds associated with the project, and a current report of
477	477	expenditures.
478	478	(f) The website shall include mapping of projects by
479	479	district to allow easy identification of projects in each district.
480	480	Sec. 201.673. DEPARTMENT 10-YEAR BUSINESS WORK PLAN. On
481	481	completion of the 10-year transportation plan in Section 201.655,
482	482	the department shall use the lists of projects to develop a proposed
483	483	10-year business work plan. The work plan shall be adopted not
484	484	later than August 31 of each even-numbered year and include:
485	485	(1) a list of projects for which planning, permitting,
486	486	design, right-of-way acquisition, or construction work will be
487	487	conducted during the period;
488	488	(2) the state fiscal quarter in which key milestones
489	489	for each project will be reached, including environmental
490	490	clearance, completion of final engineering plans, completion of
491	491	right-of-way acquisition, letting to contract, and completion of
492	492	construction; and
493	493	(3) the funding allocated or estimated in each state
494	494	fiscal year for each category of work for each project.
495	495	Sec. 201.674. FINALIZED BIENNIAL PROJECT PLAN. In addition
496	496	to the plan required by Section 201.673 and other provisions of this
497	497	chapter, not later than August 31 of each odd-numbered year, the
498	498	department shall finalize a project plan for the period that begins
499	499	on September 1 of that year and ends on August 31 of the following
500	500	odd-numbered year. The plan must include:
501	501	(1) a project schedule with funding for each phase of
502	502	each project;
503	503	(2) a consultant acquisition plan with a schedule for
504	504	contract selections;
505	505	(3) a right-of-way acquisition plan; and
506	506	(4) a letting plan.
507	507	Sec. 201.675. PERFORMANCE MEASURES FOR BIENNIAL PROJECT
508	508	PLAN. (a) The department shall develop a set of performance
509	509	measures for the plan under Section 201.674 intended to measure:
510	510	(1) the execution of the work program;
511	511	(2) the efficiency and cost-effectiveness of its
512	512	business practices;
513	513	(3) the preservation of the system investment;
514	514	(4) the addition of new capacity to the system;
515	515	(5) safety initiatives; and
516	516	(6) utilization of minority, disadvantaged, and small
517	517	businesses.
518	518	(b) At a minimum, the performance measures adopted under
519	519	Subsection (a) must include:
520	520	(1) the percentage of projects for which environmental
521	521	clearance is obtained on or before the planned date;
522	522	(2) the number of engineering contracts or work orders
523	523	executed in contrast with the number planned;
524	524	(3) the average time between selection and execution
525	525	of a contract for engineering services;
526	526	(4) the number of right-of-way parcels acquired and
527	527	the number scheduled to be acquired;
528	528	(5) the percentage of projects for which right-of-way
529	529	acquisition is completed on or before the planned date;
530	530	(6) the percentage of parcels acquired through
531	531	negotiation;
532	532	(7) the percentage of negotiated parcels acquired for
533	533	an amount that does not exceed 120 percent of the initial department
534	534	offer;
535	535	(8) the total amount spent for right-of-way as a
536	536	percentage of the original estimated amount;
537	537	(9) the number of construction contracts entered into
538	538	in contrast with the number planned;
539	539	(10) the percentage of construction contracts
540	540	executed on or before the planned letting date;
541	541	(11) the total amount spent for construction contracts
542	542	as a percentage of the original estimated amount;
543	543	(12) for all construction contracts completed during
544	544	the state fiscal year, the percentage completed within 20 percent
545	545	of the original contract time;
546	546	(13) for all construction contracts completed during
547	547	the state fiscal year, the percentage completed within 10 percent
548	548	of the original contract price;
549	549	(14) construction contract adjustments as a
550	550	percentage of original contract price;
551	551	(15) the percentage of bridge structures on the state
552	552	highway system that have a rating of good or excellent;
553	553	(16) the percentage of bridge structures on the state
554	554	highway system that have a posted weight limitation;
555	555	(17) the number of bridge repair contracts let in
556	556	contrast with the number planned;
557	557	(18) the number of bridge replacement contracts let in
558	558	contrast with the number planned;
559	559	(19) the percentage of lane miles on the state highway
560	560	system that have a pavement condition rating of excellent or good;
561	561	(20) the number of lane miles on the state highway
562	562	system that were resurfaced in contrast with the number planned;
563	563	(21) the number of lane miles of capacity improvement
564	564	projects let in contrast with the number planned;
565	565	(22) of the federal funds subject to forfeiture at the
566	566	end of the state fiscal year, the percentage that was committed by
567	567	the department;
568	568	(23) the amounts of cash receipts and disbursements in
569	569	contrast with the forecasted amounts;
570	570	(24) the amount spent in connection with contracts
571	571	with minority business enterprises as a percentage of the amount
572	572	spent on all contracts;
573	573	(25) the number of construction contracts let in
574	574	contrast with the number let in previous state fiscal years;
575	575	(26) the peak hour travel congestion in the seven
576	576	largest metropolitan areas in contrast with previous state fiscal
577	577	years;
578	578	(27) the number of vehicle miles traveled in contrast
579	579	with previous state fiscal years; and
580	580	(28) the number of lane miles added as a percentage of
581	581	the number of previously existing lane miles.
582	582	(c) The department shall consult with the legislative
583	583	oversight committee on transportation under Section 201.451 in
584	584	developing the performance measures under Subsection (a). This
585	585	subsection expires August 31, 2013.
586	586	Sec. 201.676. PERFORMANCE REVIEW. Not later than December
587	587	1 of each odd-numbered year, the commission shall review the
588	588	performance of the department's activities described in Section
589	589	201.674 and make the review available to the public. The review
590	590	must include a report on the level of achievement of each
591	591	performance measure listed in Section 201.675(a), statewide and by
592	592	department district, and a status report on each major project
593	593	under development.
594	594	SECTION 6. Section 222.034(b), Transportation Code, is
595	595	amended to read as follows:
596	596	(b) The commission may vary from the distribution procedure
597	597	provided by Subsection (a) if it issues a ruling or minute order
598	598	identifying the variance and providing a particular justification
599	599	for the variance. If the commission intends to vary from the
600	600	distribution procedure, it must allocate the funding in accordance
601	601	with a formula adopted under Section 201.666.
602	602	SECTION 7. Subchapter D, Chapter 472, Transportation Code,
603	603	is amended by adding Sections 472.0311 and 472.0312 to read as
604	604	follows:
605	605	Sec. 472.0311. OPEN MEETINGS. A policy board is subject to
606	606	Chapter 551, Government Code.
607	607	Sec. 472.0312. BOARD MEMBERSHIP AND VOTING REQUIREMENTS;
608	608	ELIGIBILITY FOR STATE ALLOCATION OF FUNDING. (a) For a
609	609	metropolitan planning organization to be eligible to receive funds
610	610	from this state for transportation projects under Section 201.666:
611	611	(1) at least 75 percent of the organization's policy
612	612	board members must be elected officials who are elected in the
613	613	boundaries of the metropolitan planning organization; and
614	614	(2) only elected officials may be voting members of
615	615	the organization's policy board.
616	616	(b) A metropolitan planning organization that is not
617	617	eligible under Subsection (a) may redesignate the board in
618	618	compliance with the redesignation procedures in 23 U.S.C. Section
619	619	134 to become eligible to receive an allocation of funds under
620	620	Section 201.666.
621	621	(c) In this section, "elected official" means the presiding
622	622	officer or a member of the governing body of a municipality, a
623	623	county judge, a county commissioner, a state representative, or a
624	624	state senator.
625	625	SECTION 8. Section 472.032, Transportation Code, is amended
626	626	to read as follows:
627	627	Sec. 472.032. VOTING PROXIES BY POLICY BOARD MEMBERS
628	628	PROHIBITED. (a) A policy board may not allow its members to vote by
629	629	proxy [provide in its bylaws for appointment of voting proxies by
630	630	its members].
631	631	(b) [A proxy appointed under Subsection (a):
632	632	[(1) acts on behalf of and under the supervision of the
633	633	policy board member who appointed the proxy;
634	634	[(2) must be appointed in writing; and
635	635	[(3) is authorized to vote for the policy board member
636	636	who appointed the proxy to the extent the member has given the proxy
637	637	the member's voting power.
638	638	[(c)] A legislative member of a policy board may not be
639	639	counted as absent at a meeting of the policy board during a
640	640	legislative session.
641	641	[(d) A legislative member of a policy board may only appoint
642	642	a proxy under Subsection (a) who is:
643	643	[(1) the legislative member's employee or staff
644	644	member;
645	645	[(2) a person related to the member within the second
646	646	degree by consanguinity, as determined under Subchapter B, Chapter
647	647	573, Government Code, who is not required to register as a lobbyist
648	648	under Chapter 305, Government Code;
649	649	[(3) another legislative member of the policy board;
650	650	or
651	651	[(4) a locally elected official.]
652	652	SECTION 9. (a) The terms of the members of the Texas
653	653	Transportation Commission serving on the effective date of this Act
654	654	expire September 1, 2009, and members shall be appointed in
655	655	accordance with Section 201.051, Transportation Code, as amended by
656	656	this Act, for terms to begin September 1, 2009.
657	657	(b) As soon as practicable after appointment, members
658	658	appointed under Subsection (a) of this section shall draw lots to
659	659	determine whose terms will expire February 1, 2011, whose terms
660	660	will expire February 1, 2013, and whose terms will expire February
661	661	1, 2015.
662	662	SECTION 10. The Texas Transportation Commission or the
663	663	legislative oversight committee on transportation, as applicable,
664	664	shall appoint an inspector general as required by Section 201.452,
665	665	Transportation Code, as added by this Act, not later than December
666	666	1, 2009.
667	667	SECTION 11. This Act takes effect immediately if it
668	668	receives a vote of two-thirds of all the members elected to each
669	669	house, as provided by Section 39, Article III, Texas Constitution.
670	670	If this Act does not receive the vote necessary for immediate
671	671	effect, this Act takes effect September 1, 2009.