| 1 | 1 | | By: Phillips H.B. No. 2574 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the authority of regional mobility authorities to enter |
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| 7 | 7 | | into comprehensive development agreements. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 370.305, Transportation Code, is amended |
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| 10 | 10 | | by amending Subsections (a) and (b) and adding Subsection (b-1) to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (a) [An authority may use a comprehensive development |
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| 13 | 13 | | agreement with a private entity to construct, maintain, repair, |
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| 14 | 14 | | operate, extend, or expand a transportation project. |
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| 15 | 15 | | [(b)] A comprehensive development agreement is an agreement |
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| 16 | 16 | | with a private entity that, at a minimum, provides for the design |
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| 17 | 17 | | and construction of a transportation project and may also provide |
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| 18 | 18 | | for the financing, acquisition, maintenance, or operation of a |
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| 19 | 19 | | transportation project. |
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| 20 | 20 | | (b) Except as provided by Subsection (b-1), an authority may |
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| 21 | 21 | | enter into a comprehensive development agreement with a private |
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| 22 | 22 | | entity for the design and construction of a transportation project |
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| 23 | 23 | | and which may also provide for financing of a project. |
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| 24 | 24 | | (b-1) Unless specifically authorized by the legislature, an |
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| 25 | 25 | | authority may not enter into a comprehensive development agreement |
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| 26 | 26 | | with a private entity for the design and construction of a |
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| 27 | 27 | | transportation project if the comprehensive development agreement |
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| 28 | 28 | | entitles the private entity: |
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| 29 | 29 | | (1) to an ownership or leasehold interest in the |
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| 30 | 30 | | transportation project; or |
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| 31 | 31 | | (2) to the right to operate or retain revenue from the |
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| 32 | 32 | | transportation project. |
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| 33 | 33 | | SECTION 2. Sections 370.305(d), (e), and (f), |
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| 34 | 34 | | Transportation Code, are repealed. |
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| 35 | 35 | | SECTION 3. The changes in law made by Section 370.305, |
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| 36 | 36 | | Transportation Code, as amended by this Act, apply only to a |
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| 37 | 37 | | comprehensive development agreement entered into on or after the |
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| 38 | 38 | | effective date of this Act. A comprehensive development agreement |
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| 39 | 39 | | entered into before the effective date of this Act is governed by |
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| 40 | 40 | | the law in effect on that date, and that law is continued in effect |
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| 41 | 41 | | for that purpose. |
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| 42 | 42 | | SECTION 4. This Act takes effect immediately if it receives |
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| 43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
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| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
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| 46 | 46 | | Act takes effect on the 91st day after the last day of the |
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| 47 | 47 | | legislative session. |
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