Texas 2009 - 81st Regular

Texas House Bill HB3917 Compare Versions

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

Old	New	Differences
1	1	81R4514 MTB-F
2	2	By: Smith of Harris H.B. No. 3917
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation and administration of the Texas Local
8	8	Participation Transportation Program.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 403, Government Code, is amended by
11	11	adding Subchapter O to read as follows:
12	12	SUBCHAPTER O. TEXAS LOCAL PARTICIPATION TRANSPORTATION PROGRAM
13	13	Sec. 403.351. DEFINITIONS. In this section:
14	14	(1) "Department" means the Texas Department of
15	15	Transportation.
16	16	(2) "Fund" means the Texas local participation
17	17	transportation fund.
18	18	(3) "Local project sponsor" means:
19	19	(A) a municipality;
20	20	(B) a county, including a county acting under
21	21	Chapter 284, Transportation Code;
22	22	(C) a regional mobility authority under Chapter
23	23	370, Transportation Code; or
24	24	(D) a regional tollway authority under Chapter
25	25	366, Transportation Code.
26	26	(4) "Program" means the Texas Local Participation
27	27	Transportation Program created under this subchapter.
28	28	(5) "Project" means a tolled or non-tolled facility:
29	29	(A) authorized under Section 222.104,
30	30	Transportation Code; and
31	31	(B) sponsored by a local project sponsor.
32	32	(6) "Total project cost" in connection with a project
33	33	means the estimated costs of:
34	34	(A) planning, environmental assessment,
35	35	regulatory permitting and compliance, design, construction,
36	36	construction oversight and inspection, right-of-way acquisition,
37	37	utility relocation, program management, legal services, and
38	38	financial advisory services; and
39	39	(B) financing, but only to the extent financing
40	40	costs relate to the securitization of amounts received from the
41	41	fund and received under an agreement made under Section 222.104,
42	42	Transportation Code.
43	43	Sec. 403.352. TEXAS LOCAL PARTICIPATION TRANSPORTATION
44	44	FUND. (a) The Texas local participation transportation fund is a
45	45	dedicated account in the general revenue fund.
46	46	(b) The fund is composed of:
47	47	(1) money transferred to the fund at the direction of
48	48	the legislature;
49	49	(2) gifts and grants contributed to the fund;
50	50	(3) interest and earnings received from investments of
51	51	money in the fund; and
52	52	(4) money repaid by a local project sponsor under a
53	53	loan made under this subchapter.
54	54	(c) Money in the fund may be used only for the
55	55	administration of this subchapter and may not be appropriated for
56	56	any other purpose.
57	57	(d) Sections 403.095 and 404.071 do not apply to the fund.
58	58	Sec. 403.353. GIFTS AND GRANTS. The comptroller may solicit
59	59	and accept gifts and grants to the fund. A gift or grant to the fund
60	60	may be used in the same manner as other money in the fund, subject to
61	61	any limitation or requirement placed on the gift or grant by the
62	62	donor or granting entity.
63	63	Sec. 403.354. RULEMAKING AUTHORITY. The comptroller may
64	64	adopt rules relating to the implementation of the program and any
65	65	other rules necessary to accomplish the purposes of this
66	66	subchapter.
67	67	Sec. 403.355. TEXAS LOCAL PARTICIPATION TRANSPORTATION
68	68	PROGRAM. (a) The comptroller shall administer a program to
69	69	encourage local project sponsors to participate in the delivery of
70	70	eligible projects by providing the sponsors disbursements from the
71	71	fund.
72	72	(b) In administering the program, the comptroller shall
73	73	develop a process for certifying the eligibility of projects
74	74	nominated by local project sponsors for disbursements from the
75	75	fund. The process must require a local project sponsor to submit a
76	76	request for certification that includes:
77	77	(1) a description of the benefits anticipated to
78	78	result from the project, including the impact on:
79	79	(A) local economic development and
80	80	diversification;
81	81	(B) congestion on public highways, future
82	82	mobility needs of this state, and the development or expansion of
83	83	transportation in the state;
84	84	(C) safety to the traveling public; and
85	85	(D) air quality;
86	86	(2) a description of local support for the project and
87	87	any known local public opposition;
88	88	(3) a proposed schedule for the development and
89	89	completion of the project, including an estimate of the date on
90	90	which the project will be open to traffic; and
91	91	(4) a commitment by the local project sponsor to
92	92	comply with all state or federal laws.
93	93	(c) In addition to information provided under Subsection
94	94	(b), a request for certification must contain:
95	95	(1) sufficient information to determine that the local
96	96	project sponsor is an entity eligible to receive funding under this
97	97	subchapter;
98	98	(2) a specific description of the project, including
99	99	project limits and connections with other transportation
100	100	facilities;
101	101	(3) identification of the scope of work to be
102	102	completed and a detailed estimate of total project costs;
103	103	(4) a commitment that the local project sponsor
104	104	intends to enter into an agreement for development of the project
105	105	under Section 222.104, Transportation Code; and
106	106	(5) a proposed plan for funding the project that:
107	107	(A) is in compliance with Subsection (d); and
108	108	(B) specifically identifies the contribution of
109	109	local sources to the total project cost.
110	110	(d) An eligible project may not receive more than 50 percent
111	111	of the total project cost from the fund.
112	112	Sec. 403.356. DETERMINATION OF CONTRIBUTION. For purposes
113	113	of determining the amount contributed by local sources to the total
114	114	project cost under Section 403.355, a sponsor may include, as
115	115	applicable, funds on hand, ad valorem taxes, local option taxes or
116	116	fees dedicated to the project, economic development grants, other
117	117	project specific gifts and grants, and, if the project is planned as
118	118	a toll facility, toll revenues.
119	119	Sec. 403.357. ADMINISTRATION OF PROGRAM. In administering
120	120	the program the comptroller shall:
121	121	(1) prepare an annual report projecting the amount of
122	122	funding available based on estimates of future deposits to the fund
123	123	and of money to be repaid to the fund by local project sponsors
124	124	under loans made under this subchapter;
125	125	(2) establish guidelines for disbursements from the
126	126	fund that link disbursements with proposed project development and
127	127	completion schedules submitted under Section 403.355(b)(3); and
128	128	(3) establish guidelines and protocols for use by the
129	129	department in certifying that a project for which a request for
130	130	certification is submitted is not inconsistent with existing and
131	131	planned improvements to the state highway system.
132	132	Sec. 403.358. PROJECT CERTIFICATION. (a) If the comptroller
133	133	finds that a project for which a request for certification is
134	134	submitted is eligible for disbursements from the fund, the
135	135	comptroller shall:
136	136	(1) issue a certification to the local project sponsor
137	137	to begin negotiations with the department under Section 222.104,
138	138	Transportation Code; and
139	139	(2) provide the department, based on the type of
140	140	projects that will most effectively meet the economic development
141	141	needs of this state, with guidelines that the department shall
142	142	follow in advancing projects authorized under Section 222.104,
143	143	Transportation Code, and negotiating agreements for projects under
144	144	that section, so that projects may be certified under this
145	145	subchapter as eligible for funding, including guidelines on:
146	146	(A) prescribing the roles and responsibility of
147	147	the parties for all significant work to be performed;
148	148	(B) delegating to the local project sponsor, to
149	149	the maximum extent permitted by law, the full responsibility for
150	150	project development;
151	151	(C) requiring a local project sponsor to meet
152	152	state design criteria, construction specifications, and contract
153	153	administration procedures unless the department grants an
154	154	exception; and
155	155	(D) defining the maximum total funds available
156	156	for the project in consideration of the total project costs and the
157	157	money available in the fund.
158	158	(b) A project for which a certification is issued under this
159	159	section does not require further approval by the department under
160	160	Section 222.104, Transportation Code, before an agreement may be
161	161	made.
162	162	Sec. 403.359. FUND DISBURSEMENTS. (a) After a project is
163	163	certified under this subchapter, the comptroller may make
164	164	disbursements from the fund to a local project sponsor in the form
165	165	of a grant or loan in accordance with guidelines established under
166	166	Section 403.357(2).
167	167	(b) The comptroller may not make a disbursement from the
168	168	fund for a project until there is a signed agreement under Section
169	169	222.104, Transportation Code, that is consistent with Section
170	170	403.358(a)(2).
171	171	Sec. 403.360. FEES. In connection with each application
172	172	for certification of a project under this subchapter, the
173	173	comptroller shall impose and collect from the local project sponsor
174	174	an application fee in an amount sufficient to cover the costs
175	175	incurred by the comptroller in administering this subchapter.
176	176	SECTION 2. This Act takes effect immediately if it receives
177	177	a vote of two-thirds of all the members elected to each house, as
178	178	provided by Section 39, Article III, Texas Constitution. If this
179	179	Act does not receive the vote necessary for immediate effect, this
180	180	Act takes effect September 1, 2009.