By: Phillips H.B. No. 2255
Substitute the following for H.B. No. 2255:
By: Harper-Brown C.S.H.B. No. 2255
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Texas Department of Transportation
and regional mobility authorities to enter into comprehensive
development agreements for certain projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 223.201, Transportation Code, is amended
by amending Subsections (f) and (i) and adding Subsections (j),
(k), (l), (m), (n), (o), (p), and (q) to read as follows:
(f) The department may [Except as provided by Subsections
(h) and (i), the authority to] enter into a comprehensive
development agreement only for all or part of:
(1) the State Highway 99 (Grand Parkway) project;
(2) the Interstate Highway 35E managed lanes project
in Dallas and Denton Counties from Interstate Highway 635 to U.S.
Highway 380;
(3) the North Tarrant Express project in Tarrant and
Dallas Counties, including:
(A) on State Highway 183 from State Highway 121
to State Highway 161 (Segment 2E);
(B) on Interstate Highway 35W from Interstate
Highway 30 to State Highway 114 (Segments 3A, 3B, and 3C); and
(C) on Interstate Highway 820 from State Highway
183 North to south of Randol Mill Road (Segment 4).
(4) the State Highway 183 managed lanes project in
Dallas County from State Highway 161 to Interstate Highway 35E; and
(5) the State Highway 249 project in Harris and
Montgomery Counties from Spring Cypress Road to Farm-to-Market Road
1774 [agreements provided by this section expires on August 31,
2009].
(i) The authority to enter into a comprehensive development
agreement for a project described by Subsection (f), other than the
State Highway 99 (Grand Parkway) project, or a project described by
Section 91.054 [exempted from Subsection (f) or Section 223.210(b)]
expires August 31, 2015 [2011].
(j) Before the department may enter into a comprehensive
development agreement under Subsection (f), the department must:
(1) obtain the appropriate environmental clearance
not later than September 1, 2012, for any project other than the
State Highway 99 (Grand Parkway) project;
(2) present to the commission a full financial plan
for the project, including costing methodology and cost proposals;
and
(3) pay the full cost of procuring the agreement.
(k) A comprehensive development agreement for the North
Tarrant Express project may be comprised of a combination of
agreements with one or more private entities.
(l) A comprehensive development agreement for the North
Tarrant Express project may provide for negotiating and entering
into facility agreements for future phases or segments of the
project at the times that the department considers advantageous to
the department.
(m) The department is not required to use any further
competitive procurement process to enter into one or more related
facility agreements with the successful proposer or affiliates of
the successful proposer for a comprehensive development agreement
for the North Tarrant Express project.
(n) The department may include or negotiate any matter in a
comprehensive development agreement for the North Tarrant Express
project that the department considers advantageous to the
department.
(o) A comprehensive development agreement for the North
Tarrant Express project may provide the private participant with a
right of first negotiation under which the private participant or
its affiliates may elect to negotiate with the department and enter
into one or more related facility agreements for future phases or
segments of the project without the need to participate in any
further competitive procurement process.
(p) The department has exclusive judgment to determine the
terms of a comprehensive development agreement for the North
Tarrant Express project, including the matters to be negotiated
following selection of the private participant and the timing of
negotiations.
(q) The department may not develop a project under this
section as a project under Chapter 227.
SECTION 2. Subchapter E, Chapter 223, Transportation Code,
is amended by adding Section 223.2011 to read as follows:
Sec. 223.2011. LIMITED AUTHORITY FOR CERTAIN PROJECTS USING
COMPREHENSIVE DEVELOPMENT AGREEMENTS. (a) Notwithstanding
Section 223.201(f) and Sections 370.305(d) and (f), the department
or an authority under Section 370.003 may enter into a
comprehensive development agreement relating to improvements to,
or construction of:
(1) the Loop 1 (MoPac Improvement) project from
Farm-to-Market Road 734 to Cesar Chavez Street;
(2) a project consisting of the construction of:
(A) the Outer Parkway Project from U.S. Highway
77/83 to Farm-to-Market Road 1847; and
(B) the South Padre Island Second Access Causeway
Project from State Highway 100 to Park Road 100; or
(3) a project identified as part of the Hidalgo County
Loop System or the La Joya Bypass project.
(b) Before the department or an authority may enter into a
comprehensive development agreement under this section, the
department or the authority, as applicable, must meet the
requirements under Section 223.201(j).
(c) The authority to enter into a comprehensive development
agreement under this section expires August 31, 2015.
SECTION 3. Section 223.201(h), Transportation Code, is
repealed.
SECTION 4. (a) A governmental act taken or a decision made
by the Texas Department of Transportation and the Texas
Transportation Commission under Subchapter E, Chapter 223,
Transportation Code, before the effective date of this Act, to
negotiate, execute, or otherwise enter into a comprehensive
development agreement or facility agreement relating to the North
Tarrant Express Project is conclusively presumed, as of the date
the act or decision occurred, to be valid and to have occurred in
accordance with all applicable law.
(b) This Act does not validate any governmental act or
decision that:
(1) was void at the time the act or decision occurred;
(2) violates the terms of federal law or a federal
waiver; or
(3) was a misdemeanor or a felony under a statute of
this state or the United States at the time the act or decision
occurred.
(c) This Act does not apply to any matter that on the
effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final court
judgment; or
(2) has been held invalid by a final court judgment.
SECTION 5. 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.