| 1 | 1 | | 81R8684 JTS-D |
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| 2 | 2 | | By: Miller of Comal H.B. No. 2610 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the administration of pass-through toll agreements. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 222.104, Transportation Code, is amended |
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| 10 | 10 | | by amending Subsections (i) and (j) and adding Subsection (l) to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (i) Notwithstanding any other law, including Section |
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| 13 | 13 | | 228.002(b), the department is responsible for the administration of |
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| 14 | 14 | | pass-through agreements under this section and is responsible [To |
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| 15 | 15 | | the maximum extent permitted by law, the department may delegate |
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| 16 | 16 | | the full responsibility] for the design, bidding, and construction, |
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| 17 | 17 | | including oversight and inspection, of the facility [to a |
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| 18 | 18 | | municipality, county, regional mobility authority, or regional |
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| 19 | 19 | | tollway authority with which the department enters into an |
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| 20 | 20 | | agreement under this section]. |
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| 21 | 21 | | (j) An agreement under this section must provide that the |
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| 22 | 22 | | municipality, county, regional mobility authority, or regional |
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| 23 | 23 | | tollway authority is required to meet state design criteria, |
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| 24 | 24 | | construction specifications, and contract administration |
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| 25 | 25 | | procedures [unless the department grants an exception]. |
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| 26 | 26 | | (l) The department may not agree to pay a public or private |
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| 27 | 27 | | entity an amount more than an amount equal to the construction costs |
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| 28 | 28 | | of a project under an agreement under this section. |
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| 29 | 29 | | SECTION 2. The change in law made to Section 222.104, |
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| 30 | 30 | | Transportation Code, by this Act applies only to a pass-through |
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| 31 | 31 | | agreement entered into on or after September 1, 2009. A |
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| 32 | 32 | | pass-through agreement entered into before September 1, 2009, is |
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| 33 | 33 | | governed by the law in effect on the date the agreement was entered |
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| 34 | 34 | | into, and the former law is continued in effect for that purpose. |
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| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2009. |
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