82R23745 AJZ-F
By: Nichols S.B. No. 731
(Kolkhorst)
Substitute the following for S.B. No. 731: No.
A BILL TO BE ENTITLED
AN ACT
relating to the attorney general's legal sufficiency review of a
comprehensive development agreement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 371.051, Transportation Code, is amended
to read as follows:
Sec. 371.051. ATTORNEY GENERAL REVIEW AND EXAMINATION FEE.
(a) A toll project entity may not enter into a comprehensive
development agreement unless the attorney general reviews the
proposed agreement and determines that it is legally sufficient.
(b) A toll project entity shall pay a nonrefundable
examination fee to the attorney general on submitting a proposed
comprehensive development agreement for review. At the time the
examination fee is paid, the toll project entity shall also submit
for review a complete transcript of proceedings related to the
comprehensive development agreement.
(c) If the toll project entity submits multiple proposed
comprehensive development agreements relating to the same toll
project for review, the entity shall pay the examination fee under
Subsection (b) for each proposed comprehensive development
agreement.
(d) The attorney general shall provide a legal sufficiency
determination not later than the 60th business day after the date
the examination fee and transcript of the proceedings required
under Subsection (b) are received. If the attorney general cannot
provide a legal sufficiency determination within the
60-business-day period, the attorney general shall notify the toll
project entity in writing of the reason for the delay and may extend
the review period for not more than 30 business days.
(e) After the attorney general issues a legal sufficiency
determination, a toll project entity may supplement the transcript
of proceedings or amend the comprehensive development agreement to
facilitate a redetermination by the attorney general of the prior
legal sufficiency determination issued under this section.
(f) The toll project entity may collect or seek
reimbursement of the examination fee under Subsection (b) from the
private participant.
(g) The attorney general by rule shall set the examination
fee required under Subsection (b) in a reasonable amount and may
adopt other rules as necessary to implement this section. The fee
may not be set in an amount that is determined by a percentage of the
cost of the toll project. The amount of the fee may not exceed
reasonable attorney's fees charged for similar legal services in
the private sector.
SECTION 2. The requirements of Section 371.051,
Transportation Code, as amended by this Act, apply only to a
comprehensive development agreement submitted to the office of the
attorney general on or after the effective date of this Act.
SECTION 3. 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.