Texas 2011 - 82nd Regular

Texas Senate Bill SB731

Filed
 
Out of Senate Committee
3/28/11  
Voted on by Senate
3/31/11  
Out of House Committee
4/26/11  
Voted on by House
5/24/11  
Governor Action
6/17/11  
Refer
4/4/11  
Bill Becomes Law
 
Enrolled
5/27/11  
Enrolled
5/27/11  
Passed
6/17/11  

Caption

Relating to the attorney general's legal sufficiency review of a comprehensive development agreement.

Impact

The bill's implementation will standardize the legal review process for toll projects across Texas. By requiring an official analysis from the attorney general, the bill aims to protect public interest by ensuring that such agreements meet legal standards. The examination fee, however, raises the issue of additional costs for public entities looking to enter comprehensive development agreements. Advocates believe this will enhance accountability and transparency in major public infrastructure projects, while critics may argue that it could deter smaller entities from engaging due to the financial burden imposed by the examination fee.

Summary

SB731 relates to the attorney general's review of comprehensive development agreements involving toll project entities. The bill amends Section 371.051 of the Transportation Code to establish a requirement for the attorney general to conduct a legal sufficiency review of proposed agreements before they can proceed. It introduces a nonrefundable examination fee that toll project entities must pay, alongside submitting a complete transcript of the proceedings related to the proposed agreement. This legal review process is intended to ensure compliance with state laws before significant financial commitments are made in toll projects.

Contention

Key points of contention regarding SB731 revolve around the financial implications of the attorney general's legal sufficiency review. Proponents assert that requiring an examination process mitigates risks associated with poorly constructed agreements, thereby averting potential financial losses for the state. Conversely, those against the bill may feel that placing an additional fee on public entities complicates the procurement process, particularly in a challenging economic environment. The amendment also reflects a broader dialogue about the role of state oversight in local economic development projects.

Companion Bills

TX HB1280

Identical Relating to the payment of an examination fee to the attorney general for the legal sufficiency review of a comprehensive development agreement.

Previously Filed As

TX SB1071

Relating to the amendment of an existing comprehensive development agreement for a portion of State Highway 130.

TX HB2795

Relating to the amendment of an existing comprehensive development agreement for a portion of State Highway 130.

TX HB1499

Relating to the duties of court-appointed guardians ad litem, attorneys ad litem, and amicus attorneys in certain suits affecting the parent-child relationship.

TX SB1650

Relating to durable powers of attorney and the construction of certain powers conferred in those durable powers of attorney.

TX HB3562

Relating to durable powers of attorney and the construction of certain powers conferred in those durable powers of attorney.

TX HB5

Relating to agreements authorizing a limitation on taxable value of certain property to provide for the creation of jobs and the generation of state and local tax revenue; authorizing fees; authorizing penalties.

TX HB2018

Relating to prompt review of land development applications.

TX HB2421

Relating to the reenactment of expired provisions of the Texas Economic Development Act.

TX HB2474

Relating to wind energy rights and wind energy development agreements.

TX HB4204

Relating to wind energy rights and wind energy development agreements.

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