Texas 2011 - 82nd Regular

Texas House Bill HB2255 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Phillips H.B. No. 2255
2	2	Substitute the following for H.B. No. 2255:
3	3	By: Harper-Brown C.S.H.B. No. 2255
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the authority of the Texas Department of Transportation
9	9	and regional mobility authorities to enter into comprehensive
10	10	development agreements for certain projects.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 223.201, Transportation Code, is amended
13	13	by amending Subsections (f) and (i) and adding Subsections (j),
14	14	(k), (l), (m), (n), (o), (p), and (q) to read as follows:
15	15	(f) The department may [Except as provided by Subsections
16	16	(h) and (i), the authority to] enter into a comprehensive
17	17	development agreement only for all or part of:
18	18	(1) the State Highway 99 (Grand Parkway) project;
19	19	(2) the Interstate Highway 35E managed lanes project
20	20	in Dallas and Denton Counties from Interstate Highway 635 to U.S.
21	21	Highway 380;
22	22	(3) the North Tarrant Express project in Tarrant and
23	23	Dallas Counties, including:
24	24	(A) on State Highway 183 from State Highway 121
25	25	to State Highway 161 (Segment 2E);
26	26	(B) on Interstate Highway 35W from Interstate
27	27	Highway 30 to State Highway 114 (Segments 3A, 3B, and 3C); and
28	28	(C) on Interstate Highway 820 from State Highway
29	29	183 North to south of Randol Mill Road (Segment 4).
30	30	(4) the State Highway 183 managed lanes project in
31	31	Dallas County from State Highway 161 to Interstate Highway 35E; and
32	32	(5) the State Highway 249 project in Harris and
33	33	Montgomery Counties from Spring Cypress Road to Farm-to-Market Road
34	34	1774 [agreements provided by this section expires on August 31,
35	35	2009].
36	36	(i) The authority to enter into a comprehensive development
37	37	agreement for a project described by Subsection (f), other than the
38	38	State Highway 99 (Grand Parkway) project, or a project described by
39	39	Section 91.054 [exempted from Subsection (f) or Section 223.210(b)]
40	40	expires August 31, 2015 [2011].
41	41	(j) Before the department may enter into a comprehensive
42	42	development agreement under Subsection (f), the department must:
43	43	(1) obtain the appropriate environmental clearance
44	44	not later than September 1, 2012, for any project other than the
45	45	State Highway 99 (Grand Parkway) project;
46	46	(2) present to the commission a full financial plan
47	47	for the project, including costing methodology and cost proposals;
48	48	and
49	49	(3) pay the full cost of procuring the agreement.
50	50	(k) A comprehensive development agreement for the North
51	51	Tarrant Express project may be comprised of a combination of
52	52	agreements with one or more private entities.
53	53	(l) A comprehensive development agreement for the North
54	54	Tarrant Express project may provide for negotiating and entering
55	55	into facility agreements for future phases or segments of the
56	56	project at the times that the department considers advantageous to
57	57	the department.
58	58	(m) The department is not required to use any further
59	59	competitive procurement process to enter into one or more related
60	60	facility agreements with the successful proposer or affiliates of
61	61	the successful proposer for a comprehensive development agreement
62	62	for the North Tarrant Express project.
63	63	(n) The department may include or negotiate any matter in a
64	64	comprehensive development agreement for the North Tarrant Express
65	65	project that the department considers advantageous to the
66	66	department.
67	67	(o) A comprehensive development agreement for the North
68	68	Tarrant Express project may provide the private participant with a
69	69	right of first negotiation under which the private participant or
70	70	its affiliates may elect to negotiate with the department and enter
71	71	into one or more related facility agreements for future phases or
72	72	segments of the project without the need to participate in any
73	73	further competitive procurement process.
74	74	(p) The department has exclusive judgment to determine the
75	75	terms of a comprehensive development agreement for the North
76	76	Tarrant Express project, including the matters to be negotiated
77	77	following selection of the private participant and the timing of
78	78	negotiations.
79	79	(q) The department may not develop a project under this
80	80	section as a project under Chapter 227.
81	81	SECTION 2. Subchapter E, Chapter 223, Transportation Code,
82	82	is amended by adding Section 223.2011 to read as follows:
83	83	Sec. 223.2011. LIMITED AUTHORITY FOR CERTAIN PROJECTS USING
84	84	COMPREHENSIVE DEVELOPMENT AGREEMENTS. (a) Notwithstanding
85	85	Section 223.201(f) and Sections 370.305(d) and (f), the department
86	86	or an authority under Section 370.003 may enter into a
87	87	comprehensive development agreement relating to improvements to,
88	88	or construction of:
89	89	(1) the Loop 1 (MoPac Improvement) project from
90	90	Farm-to-Market Road 734 to Cesar Chavez Street;
91	91	(2) a project consisting of the construction of:
92	92	(A) the Outer Parkway Project from U.S. Highway
93	93	77/83 to Farm-to-Market Road 1847; and
94	94	(B) the South Padre Island Second Access Causeway
95	95	Project from State Highway 100 to Park Road 100; or
96	96	(3) a project identified as part of the Hidalgo County
97	97	Loop System or the La Joya Bypass project.
98	98	(b) Before the department or an authority may enter into a
99	99	comprehensive development agreement under this section, the
100	100	department or the authority, as applicable, must meet the
101	101	requirements under Section 223.201(j).
102	102	(c) The authority to enter into a comprehensive development
103	103	agreement under this section expires August 31, 2015.
104	104	SECTION 3. Section 223.201(h), Transportation Code, is
105	105	repealed.
106	106	SECTION 4. (a) A governmental act taken or a decision made
107	107	by the Texas Department of Transportation and the Texas
108	108	Transportation Commission under Subchapter E, Chapter 223,
109	109	Transportation Code, before the effective date of this Act, to
110	110	negotiate, execute, or otherwise enter into a comprehensive
111	111	development agreement or facility agreement relating to the North
112	112	Tarrant Express Project is conclusively presumed, as of the date
113	113	the act or decision occurred, to be valid and to have occurred in
114	114	accordance with all applicable law.
115	115	(b) This Act does not validate any governmental act or
116	116	decision that:
117	117	(1) was void at the time the act or decision occurred;
118	118	(2) violates the terms of federal law or a federal
119	119	waiver; or
120	120	(3) was a misdemeanor or a felony under a statute of
121	121	this state or the United States at the time the act or decision
122	122	occurred.
123	123	(c) This Act does not apply to any matter that on the
124	124	effective date of this Act:
125	125	(1) is involved in litigation if the litigation
126	126	ultimately results in the matter being held invalid by a final court
127	127	judgment; or
128	128	(2) has been held invalid by a final court judgment.
129	129	SECTION 5. This Act takes effect immediately if it receives
130	130	a vote of two-thirds of all the members elected to each house, as
131	131	provided by Section 39, Article III, Texas Constitution. If this
132	132	Act does not receive the vote necessary for immediate effect, this
133	133	Act takes effect September 1, 2011.