82R7272 AJZ-F
By: Kolkhorst H.B. No. 1280
A BILL TO BE ENTITLED
AN ACT
relating to the payment of an examination fee to the attorney
general for the legal sufficiency review of a comprehensive
development agreement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 371.051, Transportation Code, is amended
to read as follows:
Sec. 371.051. ATTORNEY GENERAL REVIEW AND EXAMINATION FEE.
(a) A toll project entity may not enter into a comprehensive
development agreement unless the attorney general reviews the
proposed agreement and determines that it is legally sufficient.
(b) A toll project entity shall pay a nonrefundable
examination fee to the attorney general on submitting a proposed
comprehensive development agreement for review.
(c) If the toll project entity submits multiple proposed
comprehensive development agreements relating to the same toll
project for review, the entity shall pay the examination fee under
Subsection (b) for each proposed comprehensive development
agreement.
(d) The toll project entity may collect or seek
reimbursement of the examination fee under Subsection (b) from the
private participant under the proposed comprehensive development
agreement.
(e) The attorney general shall set the amount of the
examination fee required under Subsection (b) and may adopt rules
necessary to implement this section.
SECTION 2. The examination fee prescribed by Section
371.051, Transportation Code, as amended by this Act, applies only
to a comprehensive development agreement submitted to the office of
the attorney general on or after the effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.