82R20907 JTS-D By: Hamilton H.B. No. 1724 Substitute the following for H.B. No. 1724: By: Phillips C.S.H.B. No. 1724 A BILL TO BE ENTITLED AN ACT relating to economically driven mobility projects. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter M, Chapter 201, Transportation Code, is amended by adding Section 201.948 to read as follows: Sec. 201.948. ECONOMICALLY DRIVEN MOBILITY PROJECT ACCOUNT. (a) The economically driven mobility project account is an account in the fund. The account consists of revenue received from projects financed under this section and proceeds from obligations secured by revenue received from those projects. Money in the account may be used only to finance projects authorized under Section 201.943(d) and selected as economically driven using the process and criteria developed under this section. (b) The department by rule shall develop a process and criteria for project review and selection using established economic principles for evaluating projects. (c) The review process must evaluate projects based on established commercial economic development standards for evaluating the return on investment. (d) Project selection criteria must prioritize projects that: (1) promote economic development, including by creating employment and cash flow; (2) have sustainable economic value; and (3) enhance mobility and connectivity as opposed to promoting isolated projects. (e) The department shall develop a project application process for local transportation planning entities, including municipalities, counties, metropolitan planning organizations, toll project entities as defined by Section 372.001, and public transportation entities under Subtitle K, to identify projects suitable for funding under this section. (f) The department may contract with local governments or private entities for the construction of selected projects, including construction through pass-through toll agreements under Section 222.104, or may construct projects itself. (g) Revenue from projects financed under this section must be deposited to the credit of the economically driven mobility project account. The department may contract with local governments or directly with private entities, including property owners, who will benefit from a selected project to recover amounts sufficient to cover the cost of the project and any associated debt service for the project. Revenue may include: (1) payments under a project cost participation agreement with a local government or private entity; (2) tax increment recovered from a transportation reinvestment zone; and (3) other revenue derived from the increase of value attributable to a project financed under this section. (h) Motor fuels tax revenue may not be used for the development of a project under this section. SECTION 2. The Texas Department of Transportation shall establish the process and criteria for the selection of economically driven mobility projects as required by Section 201.948, Transportation Code, as added by this Act, not later than September 1, 2012. SECTION 3. This Act takes effect September 1, 2011.