Texas 2009 - 81st Regular

Texas House Bill HB3395 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R5376 MTB-D
2	2	By: Harper-Brown H.B. No. 3395
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of the Transportation Legislative
8	8	Oversight Committee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle A, Title 6, Transportation Code, is
11	11	amended by adding Chapter 205 to read as follows:
12	12	CHAPTER 205. TRANSPORTATION LEGISLATIVE OVERSIGHT COMMITTEE
13	13	Sec. 205.001. DEFINITION. In this chapter, "committee"
14	14	means the Transportation Legislative Oversight Committee.
15	15	Sec. 205.002. ESTABLISHMENT; COMPOSITION. (a) The
16	16	Transportation Legislative Oversight Committee is established to
17	17	provide objective research, analysis, and recommendations on the
18	18	operation and needs of the state transportation system.
19	19	(b) The committee is composed of six members as follows:
20	20	(1) the chair of the Senate Committee on
21	21	Transportation and Homeland Security;
22	22	(2) the chair of the House Committee on
23	23	Transportation;
24	24	(3) two members of the senate appointed by the
25	25	lieutenant governor; and
26	26	(4) two members of the house of representatives
27	27	appointed by the speaker of the house of representatives.
28	28	(c) An appointed member of the committee serves at the
29	29	pleasure of the appointing official.
30	30	Sec. 205.003. PRESIDING OFFICER; TERM. (a) The lieutenant
31	31	governor and the speaker of the house of representatives shall
32	32	appoint the presiding officer of the committee on an alternating
33	33	basis.
34	34	(b) The presiding officer of the committee serves a two-year
35	35	term that expires February 1 of each odd-numbered year.
36	36	Sec. 205.004. POWERS AND DUTIES. (a) The committee shall:
37	37	(1) monitor the department's planning, programming,
38	38	and funding of the state transportation system;
39	39	(2) conduct an in-depth analysis of the state
40	40	transportation system that includes:
41	41	(A) an assessment of the cost-effectiveness of
42	42	the use of state, local, and private funds in the transportation
43	43	system;
44	44	(B) an identification of critical problems in the
45	45	transportation system, such as funding constraints; and
46	46	(C) a determination of the long-range needs of
47	47	the transportation system;
48	48	(3) recommend to the legislature:
49	49	(A) strategies to solve the problems identified
50	50	under Subdivision (2)(B); and
51	51	(B) policy priorities to address the long-range
52	52	needs determined under Subdivision (2)(C); and
53	53	(4) advise and assist the legislature in developing
54	54	plans, programs, and proposed legislation to improve the
55	55	effectiveness of the state transportation system.
56	56	(b) The committee has all other powers and duties provided
57	57	to a special committee by:
58	58	(1) Subchapter B, Chapter 301, Government Code;
59	59	(2) the rules of the senate and the house of
60	60	representatives; and
61	61	(3) policies of the senate and house committees on
62	62	administration.
63	63	Sec. 205.005. REVIEW OF RESEARCH PROGRAM. (a) The
64	64	department shall present the department's entire research program
65	65	to the committee for review and comment before adopting or
66	66	implementing the program.
67	67	(b) The committee shall review and comment on the
68	68	department's research program, including each of the individual
69	69	research projects and activities. The review of a proposed research
70	70	project must include an evaluation of the purpose of the project,
71	71	the proposed start and ending dates for the project, and the cost of
72	72	the project.
73	73	(c) The department shall provide to the committee quarterly
74	74	updates and an annual summary on the progress of the department's
75	75	research projects and activities.
76	76	(d) The committee may request the results of any of the
77	77	department's research projects, including draft reports from the
78	78	department or the contracted entities performing the research.
79	79	(e) A university transportation research program in this
80	80	state may:
81	81	(1) perform transportation research projects
82	82	recommended by the committee; and
83	83	(2) initiate and propose transportation research
84	84	projects to the committee.
85	85	(f) The committee may request assistance from a university
86	86	transportation research program in this state in conducting
87	87	transportation research and in reviewing, evaluating, and
88	88	comparing elements of the state transportation system to the
89	89	transportation systems in other states to set needed benchmarks.
90	90	Sec. 205.006. CONTRACT WITH CONSULTING FIRM. (a) The
91	91	committee may contract with an outside management consulting firm
92	92	that is independent of the department to make recommendations
93	93	regarding an effective and efficient organizational structure for
94	94	the department, including recommending appropriate performance
95	95	measurements and staffing levels for each major function of the
96	96	department, after review and analysis under Section 205.007.
97	97	(b) In performing its functions, the consulting firm shall
98	98	coordinate with the Legislative Budget Board, the State Auditor's
99	99	Office, and the department to minimize the duplication of efforts
100	100	and to perform cost effectively and in a timely manner.
101	101	(c) The committee shall:
102	102	(1) oversee the implementation of the recommendations
103	103	under this section with the goal of making the department more
104	104	efficient, transparent, and accountable, including through
105	105	reducing staff and streamlining processes; and
106	106	(2) assess the department's progress in implementing
107	107	the recommendations under this section and report on the progress
108	108	to the Senate Finance Committee and House Appropriations Committee
109	109	for consideration in establishing the department's budget as part
110	110	of the appropriations process.
111	111	Sec. 205.007. FUNCTIONS OF CONSULTING FIRM. The primary
112	112	functions of a management consulting firm the committee contracts
113	113	with under Section 205.006 include:
114	114	(1) evaluating the department's financial condition
115	115	and business practices;
116	116	(2) evaluating the department's administrative
117	117	practices and performance, including statewide transportation
118	118	planning, the department's relationship with metropolitan planning
119	119	organizations, as defined by Section 472.031, the performance of
120	120	the department's district and central offices, and the need for
121	121	standardization of the department's operations across the state;
122	122	(3) evaluating the current guidelines of metropolitan
123	123	planning organizations and all other transportation entities
124	124	within the state involved with project delivery or transportation
125	125	policy by identifying duplicative practices and providing
126	126	recommendations for better efficiency and transparency;
127	127	(4) identifying ways to streamline all processes and
128	128	procedures of policy implementations of the department, including
129	129	the environmental process;
130	130	(5) examining and evaluating the use and benefits of
131	131	performance-based maintenance contracting by the department;
132	132	(6) examining and presenting recommendations on how to
133	133	maximize the department's use of multimodal solutions;
134	134	(7) analyzing the department's compliance with
135	135	applicable laws and legislative intent;
136	136	(8) examining the efficient use of the department's
137	137	available funding, personnel, equipment, and office space;
138	138	(9) evaluating the establishment in statute of a state
139	139	pavement quality goal of having 85 percent of state roads in good or
140	140	better condition; and
141	141	(10) considering significantly expanding the use of
142	142	the private sector for planning, design, and delivery of projects
143	143	and a commitment to excellence in project and program management.
144	144	Sec. 205.008. MEETINGS. The committee shall meet at the
145	145	call of the presiding officer.
146	146	Sec. 205.009. STAFF; AUTHORITY TO CONTRACT. The committee
147	147	may hire staff or may contract with universities or other suitable
148	148	entities to assist the committee in carrying out the committee's
149	149	duties. Funding to support the operation of the committee shall be
150	150	provided from funds appropriated to the department.
151	151	Sec. 205.010. REPORT. Not later than January 1 of each
152	152	odd-numbered year, the committee shall submit to the legislature a
153	153	report that contains the recommendations described by Section
154	154	205.004(a)(3).
155	155	SECTION 2. (a) The speaker of the house of representatives
156	156	and the lieutenant governor shall appoint members to the
157	157	Transportation Legislative Oversight Committee under Chapter 205,
158	158	Transportation Code, as added by this Act, not later than January 1,
159	159	2010.
160	160	(b) Notwithstanding Section 205.003, Transportation Code,
161	161	as added by this Act, the lieutenant governor, not later than
162	162	January 15, 2010, shall appoint a presiding officer for the
163	163	Transportation Legislative Oversight Committee. The presiding
164	164	officer appointed by the lieutenant governor under this section
165	165	serves a one-year term that begins on February 1, 2010, and ends on
166	166	February 1, 2011.
167	167	SECTION 3. On the effective date of this Act:
168	168	(1) all employees of the Texas Department of
169	169	Transportation who primarily perform duties related to the
170	170	department's government and public affairs research section become
171	171	employees of the Transportation Legislative Oversight Committee
172	172	under Chapter 205, Transportation Code, as added by this Act; and
173	173	(2) all funds appropriated by the legislature to the
174	174	Texas Department of Transportation for purposes related to the
175	175	department's government and public affairs research section are
176	176	transferred to the Transportation Legislative Oversight Committee
177	177	under Chapter 205, Transportation Code, as added by this Act.
178	178	SECTION 4. This Act takes effect September 1, 2009.