By: Phillips H.B. No. 2574
A BILL TO BE ENTITLED
AN ACT
relating to the authority of regional mobility authorities to enter
into comprehensive development agreements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 370.305, Transportation Code, is amended
by amending Subsections (a) and (b) and adding Subsection (b-1) to
read as follows:
(a) [An authority may use a comprehensive development
agreement with a private entity to construct, maintain, repair,
operate, extend, or expand a transportation project.
[(b)] A comprehensive development agreement is an agreement
with a private entity that, at a minimum, provides for the design
and construction of a transportation project and may also provide
for the financing, acquisition, maintenance, or operation of a
transportation project.
(b) Except as provided by Subsection (b-1), an authority may
enter into a comprehensive development agreement with a private
entity for the design and construction of a transportation project
and which may also provide for financing of a project.
(b-1) Unless specifically authorized by the legislature, an
authority may not enter into a comprehensive development agreement
with a private entity for the design and construction of a
transportation project if the comprehensive development agreement
entitles the private entity:
(1) to an ownership or leasehold interest in the
transportation project; or
(2) to the right to operate or retain revenue from the
transportation project.
SECTION 2. Sections 370.305(d), (e), and (f),
Transportation Code, are repealed.
SECTION 3. The changes in law made by Section 370.305,
Transportation Code, as amended by this Act, apply only to a
comprehensive development agreement entered into on or after the
effective date of this Act. A comprehensive development agreement
entered into before the effective date of this Act is governed by
the law in effect on that date, and that law is continued in effect
for that purpose.
SECTION 4. 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 on the 91st day after the last day of the
legislative session.