81R5376 MTB-D
By: Harper-Brown H.B. No. 3395
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the Transportation Legislative
Oversight Committee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 6, Transportation Code, is
amended by adding Chapter 205 to read as follows:
CHAPTER 205. TRANSPORTATION LEGISLATIVE OVERSIGHT COMMITTEE
Sec. 205.001. DEFINITION. In this chapter, "committee"
means the Transportation Legislative Oversight Committee.
Sec. 205.002. ESTABLISHMENT; COMPOSITION. (a) The
Transportation Legislative Oversight Committee is established to
provide objective research, analysis, and recommendations on the
operation and needs of the state transportation system.
(b) The committee is composed of six members as follows:
(1) the chair of the Senate Committee on
Transportation and Homeland Security;
(2) the chair of the House Committee on
Transportation;
(3) two members of the senate appointed by the
lieutenant governor; and
(4) two members of the house of representatives
appointed by the speaker of the house of representatives.
(c) An appointed member of the committee serves at the
pleasure of the appointing official.
Sec. 205.003. PRESIDING OFFICER; TERM. (a) The lieutenant
governor and the speaker of the house of representatives shall
appoint the presiding officer of the committee on an alternating
basis.
(b) The presiding officer of the committee serves a two-year
term that expires February 1 of each odd-numbered year.
Sec. 205.004. POWERS AND DUTIES. (a) The committee shall:
(1) monitor the department's planning, programming,
and funding of the state transportation system;
(2) conduct an in-depth analysis of the state
transportation system that includes:
(A) an assessment of the cost-effectiveness of
the use of state, local, and private funds in the transportation
system;
(B) an identification of critical problems in the
transportation system, such as funding constraints; and
(C) a determination of the long-range needs of
the transportation system;
(3) recommend to the legislature:
(A) strategies to solve the problems identified
under Subdivision (2)(B); and
(B) policy priorities to address the long-range
needs determined under Subdivision (2)(C); and
(4) advise and assist the legislature in developing
plans, programs, and proposed legislation to improve the
effectiveness of the state transportation system.
(b) The committee has all other powers and duties provided
to a special committee by:
(1) Subchapter B, Chapter 301, Government Code;
(2) the rules of the senate and the house of
representatives; and
(3) policies of the senate and house committees on
administration.
Sec. 205.005. REVIEW OF RESEARCH PROGRAM. (a) The
department shall present the department's entire research program
to the committee for review and comment before adopting or
implementing the program.
(b) The committee shall review and comment on the
department's research program, including each of the individual
research projects and activities. The review of a proposed research
project must include an evaluation of the purpose of the project,
the proposed start and ending dates for the project, and the cost of
the project.
(c) The department shall provide to the committee quarterly
updates and an annual summary on the progress of the department's
research projects and activities.
(d) The committee may request the results of any of the
department's research projects, including draft reports from the
department or the contracted entities performing the research.
(e) A university transportation research program in this
state may:
(1) perform transportation research projects
recommended by the committee; and
(2) initiate and propose transportation research
projects to the committee.
(f) The committee may request assistance from a university
transportation research program in this state in conducting
transportation research and in reviewing, evaluating, and
comparing elements of the state transportation system to the
transportation systems in other states to set needed benchmarks.
Sec. 205.006. CONTRACT WITH CONSULTING FIRM. (a) The
committee may contract with an outside management consulting firm
that is independent of the department to make recommendations
regarding an effective and efficient organizational structure for
the department, including recommending appropriate performance
measurements and staffing levels for each major function of the
department, after review and analysis under Section 205.007.
(b) In performing its functions, the consulting firm shall
coordinate with the Legislative Budget Board, the State Auditor's
Office, and the department to minimize the duplication of efforts
and to perform cost effectively and in a timely manner.
(c) The committee shall:
(1) oversee the implementation of the recommendations
under this section with the goal of making the department more
efficient, transparent, and accountable, including through
reducing staff and streamlining processes; and
(2) assess the department's progress in implementing
the recommendations under this section and report on the progress
to the Senate Finance Committee and House Appropriations Committee
for consideration in establishing the department's budget as part
of the appropriations process.
Sec. 205.007. FUNCTIONS OF CONSULTING FIRM. The primary
functions of a management consulting firm the committee contracts
with under Section 205.006 include:
(1) evaluating the department's financial condition
and business practices;
(2) evaluating the department's administrative
practices and performance, including statewide transportation
planning, the department's relationship with metropolitan planning
organizations, as defined by Section 472.031, the performance of
the department's district and central offices, and the need for
standardization of the department's operations across the state;
(3) evaluating the current guidelines of metropolitan
planning organizations and all other transportation entities
within the state involved with project delivery or transportation
policy by identifying duplicative practices and providing
recommendations for better efficiency and transparency;
(4) identifying ways to streamline all processes and
procedures of policy implementations of the department, including
the environmental process;
(5) examining and evaluating the use and benefits of
performance-based maintenance contracting by the department;
(6) examining and presenting recommendations on how to
maximize the department's use of multimodal solutions;
(7) analyzing the department's compliance with
applicable laws and legislative intent;
(8) examining the efficient use of the department's
available funding, personnel, equipment, and office space;
(9) evaluating the establishment in statute of a state
pavement quality goal of having 85 percent of state roads in good or
better condition; and
(10) considering significantly expanding the use of
the private sector for planning, design, and delivery of projects
and a commitment to excellence in project and program management.
Sec. 205.008. MEETINGS. The committee shall meet at the
call of the presiding officer.
Sec. 205.009. STAFF; AUTHORITY TO CONTRACT. The committee
may hire staff or may contract with universities or other suitable
entities to assist the committee in carrying out the committee's
duties. Funding to support the operation of the committee shall be
provided from funds appropriated to the department.
Sec. 205.010. REPORT. Not later than January 1 of each
odd-numbered year, the committee shall submit to the legislature a
report that contains the recommendations described by Section
205.004(a)(3).
SECTION 2. (a) The speaker of the house of representatives
and the lieutenant governor shall appoint members to the
Transportation Legislative Oversight Committee under Chapter 205,
Transportation Code, as added by this Act, not later than January 1,
2010.
(b) Notwithstanding Section 205.003, Transportation Code,
as added by this Act, the lieutenant governor, not later than
January 15, 2010, shall appoint a presiding officer for the
Transportation Legislative Oversight Committee. The presiding
officer appointed by the lieutenant governor under this section
serves a one-year term that begins on February 1, 2010, and ends on
February 1, 2011.
SECTION 3. On the effective date of this Act:
(1) all employees of the Texas Department of
Transportation who primarily perform duties related to the
department's government and public affairs research section become
employees of the Transportation Legislative Oversight Committee
under Chapter 205, Transportation Code, as added by this Act; and
(2) all funds appropriated by the legislature to the
Texas Department of Transportation for purposes related to the
department's government and public affairs research section are
transferred to the Transportation Legislative Oversight Committee
under Chapter 205, Transportation Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2009.