Texas 2009 - 81st Regular

Texas Senate Bill SB1383 Compare Versions

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1	1	By: Carona S.B. No. 1383
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the creation and administration of the Texas Local
7	7	Participation Transportation Program.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 403, Government Code, is amended by
10	10	adding Subchapter O to read as follows:
11	11	SUBCHAPTER O. TEXAS LOCAL PARTICIPATION TRANSPORTATION PROGRAM
12	12	Sec. 403.351. DEFINITIONS. In this subchapter:
13	13	(1) "Commission" means the Texas Transportation
14	14	Commission.
15	15	(2) "Department" means the Texas Department of
16	16	Transportation.
17	17	(3) "Fund" means the Texas local participation
18	18	transportation fund.
19	19	(4) "Local project sponsor" means:
20	20	(A) a municipality;
21	21	(B) a county, including a county acting under
22	22	Chapter 284, Transportation Code;
23	23	(C) a regional mobility authority under Chapter
24	24	370, Transportation Code; or
25	25	(D) a regional tollway authority under Chapter
26	26	366, Transportation Code.
27	27	(5) "Program" means the Texas Local Participation
28	28	Transportation Program created under this subchapter.
29	29	(6) "Project" means a tolled or non-tolled facility:
30	30	(A) authorized under Section 222.104,
31	31	Transportation Code; and
32	32	(B) sponsored by a local project sponsor.
33	33	(7) "Total project cost" in connection with a project
34	34	means the estimated costs of:
35	35	(A) planning, environmental assessment,
36	36	regulatory permitting and compliance, design, construction,
37	37	construction oversight and inspection, right-of-way acquisition,
38	38	utility relocation, program management, legal services, and
39	39	financial advisory services; and
40	40	(B) financing, but only to the extent financing
41	41	costs relate to the securitization of amounts received from the
42	42	fund.
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 from the state highway fund may not be transferred
55	55	to the fund.
56	56	(d) Money in the fund may be used only for the
57	57	administration of the program and may not be appropriated for any
58	58	other purpose.
59	59	(e) Sections 403.095 and 404.071 do not apply to the fund.
60	60	Sec. 403.353. GIFTS AND GRANTS. The comptroller may
61	61	solicit and accept gifts and grants to the fund. A gift or grant to
62	62	the fund may be used in the same manner as other money in the fund,
63	63	subject to any limitation or requirement placed on the gift or grant
64	64	by the donor or granting entity.
65	65	Sec. 403.354. RULEMAKING AUTHORITY. The comptroller may
66	66	adopt rules and guidelines relating to the comptroller's
67	67	responsibilities under this subchapter.
68	68	Sec. 403.355. TEXAS LOCAL PARTICIPATION TRANSPORTATION
69	69	PROGRAM. (a) The comptroller shall administer a program to
70	70	encourage local project sponsors to participate in the delivery of
71	71	eligible projects by providing the sponsors financial assistance
72	72	from the fund.
73	73	(b) In administering the program, the comptroller shall
74	74	develop a process for certifying the eligibility of projects
75	75	nominated by local project sponsors for financial assistance from
76	76	the fund and for certifying that a project promotes economic
77	77	development and diversification in the area in which the project is
78	78	located. The process must require a local project sponsor to submit
79	79	a request for certification that includes:
80	80	(1) a description of the anticipated impact of the
81	81	project on local economic development and diversification;
82	82	(2) a proposed schedule for the development and
83	83	completion of the project, including an estimate of the date on
84	84	which the project will be open to traffic;
85	85	(3) sufficient information to determine that the
86	86	applicant is a local project sponsor eligible to receive funding
87	87	under this subchapter;
88	88	(4) a specific description of the project, including
89	89	project limits and connections with other transportation
90	90	facilities;
91	91	(5) identification of the scope of work to be
92	92	completed and a detailed estimate of total project costs, developed
93	93	after coordination with the department concerning the scope and
94	94	design criteria for the project;
95	95	(6) documentation demonstrating that the project is
96	96	included in the unified transportation program approved by the
97	97	commission and any applicable transportation plan for the area in
98	98	which the project is located;
99	99	(7) evidence that a copy of the request for
100	100	certification submitted to the comptroller was also submitted to
101	101	the department; and
102	102	(8) a proposed plan for funding the project that:
103	103	(A) is in compliance with Subsection (c); and
104	104	(B) specifically identifies the contribution of
105	105	local sources to the total project cost.
106	106	(c) An eligible project may not receive more than 50 percent
107	107	of the total project cost from the fund.
108	108	Sec. 403.356. DETERMINATION OF CONTRIBUTION. For purposes
109	109	of determining the amount contributed by local sources to the total
110	110	project cost under Section 403.355, a local project sponsor may
111	111	include, as applicable, funds on hand, ad valorem taxes, local
112	112	option taxes or fees dedicated to the project, economic development
113	113	grants, other project-specific gifts and grants, and, if the
114	114	project is planned as a toll facility, toll revenues.
115	115	Sec. 403.357. ADMINISTRATION OF PROGRAM. In administering
116	116	the program the comptroller shall:
117	117	(1) prepare an annual report projecting the amount of
118	118	funding available based on estimates of future deposits to the fund
119	119	and of money to be repaid to the fund by local project sponsors
120	120	under loans made under this subchapter; and
121	121	(2) establish guidelines for disbursements from the
122	122	fund that link disbursements with proposed project development and
123	123	completion schedules submitted under Section 403.355(b)(2).
124	124	Sec. 403.358. PROJECT CERTIFICATION. If the comptroller
125	125	finds that a project for which a request for certification is
126	126	submitted is eligible for financial assistance from the fund and
127	127	that the project promotes economic development and diversification
128	128	in the area in which the project is located, the comptroller shall
129	129	issue a certification to the local project sponsor to begin
130	130	negotiations with the department under Section 222.104,
131	131	Transportation Code. The certification must identify the maximum
132	132	total funds available for the project in consideration of the total
133	133	project costs and the money available in the fund.
134	134	Sec. 403.359. FUND DISBURSEMENTS. (a) The disbursement of
135	135	funds by the comptroller is subject to the department's
136	136	certification that the project is consistent with the unified
137	137	transportation program and any applicable transportation plan for
138	138	the area in which the project is located, and that the project may
139	139	be effectively integrated with the state highway system.
140	140	(b) After a project is certified under Section 403.358 and
141	141	Subsection (a), the comptroller may make disbursements from the
142	142	fund to a local project sponsor in the form of a grant or loan in
143	143	accordance with guidelines established under Section 403.357(2).
144	144	(c) The comptroller may not make a disbursement from the
145	145	fund for a project until there is a signed agreement under Section
146	146	222.104, Transportation Code. The department may not be required
147	147	under the signed agreement to contribute any funding toward the
148	148	cost of the project.
149	149	(d) The comptroller may make disbursements from the fund to
150	150	reimburse the portion of total project costs composed of funds
151	151	contributed from local sources. The payment shall be made in the
152	152	same manner as a pass-through toll payment made under Section
153	153	222.104, Transportation Code.
154	154	Sec. 403.360. PROJECT DEVELOPMENT. An agreement negotiated
155	155	under Section 222.104, Transportation Code, for a project that
156	156	receives funding under this subchapter must:
157	157	(1) prescribe the roles and responsibilities of the
158	158	parties for all significant work to be performed; and
159	159	(2) provide that a local project sponsor is required
160	160	to meet state design criteria, construction specifications, and
161	161	contract administration procedures unless the department grants an
162	162	exception.
163	163	Sec. 403.361. FEES. In connection with each application
164	164	for certification of a project under this subchapter, the
165	165	comptroller shall impose and collect from the local project sponsor
166	166	an application fee in an amount sufficient to cover the costs
167	167	incurred by the comptroller in administering this subchapter.
168	168	SECTION 2. This Act takes effect immediately if it receives
169	169	a vote of two-thirds of all the members elected to each house, as
170	170	provided by Section 39, Article III, Texas Constitution. If this
171	171	Act does not receive the vote necessary for immediate effect, this
172	172	Act takes effect September 1, 2009.