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