By: Hinojosa S.R. No. 1246
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 82nd
Legislature, Regular Session, 2011, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on
Senate Bill 1420 (continuation and functions of the Texas
Department of Transportation; providing penalties) to consider
and take action on the following matters:
(1) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill by adding Subchapter F-1 to Chapter
201, Transportation Code, and adding a related nonamendatory
provision:
SECTION 15. (a) Chapter 201, Transportation Code, is
amended by adding Subchapter F-1 to read as follows:
SUBCHAPTER F-1. COMPLIANCE PROGRAM
Sec. 201.451. ESTABLISHMENT AND PURPOSE. The commission
shall establish a compliance program, which must include a
compliance office to oversee the program. The compliance office
is responsible for:
(1) acting to prevent and detect serious breaches of
departmental policy, fraud, waste, and abuse of office,
including any acts of criminal conduct within the department;
(2) independently and objectively reviewing,
investigating, delegating, and overseeing the investigation of:
(A) conduct described by Subdivision (1);
(B) criminal activity in the department;
(C) allegations of wrongdoing by department
employees;
(D) crimes committed on department property;
and
(E) serious breaches of department policy;
(3) overseeing the operation of the telephone
hotline established under Section 201.211;
(4) ensuring that members of the commission and
department employees receive appropriate ethics training; and
(5) performing other duties assigned to the office
by the commission.
Sec. 201.452. INVESTIGATION OVERSIGHT. (a) The
compliance office has primary jurisdiction for oversight and
coordination of all investigations occurring on department
property or involving department employees.
(b) The compliance office shall coordinate and provide
oversight for an investigation under this subchapter, but the
compliance office is not required to conduct the investigation.
(c) The compliance office shall continually monitor an
investigation conducted within the department, and shall report
to the commission on the status of pending investigations.
Sec. 201.453. INITIATION OF INVESTIGATIONS. The
compliance office may only initiate an investigation based on:
(1) authorization from the commission;
(2) approval of the director of the compliance
office;
(3) approval of the director or deputy executive
director of the department; or
(4) commission rules.
Sec. 201.454. REPORTS. (a) The compliance office shall
report directly to the commission regarding performance of and
activities related to investigations and provide the director
with information regarding investigations as appropriate.
(b) The director of the compliance office shall present
to the commission at each regularly scheduled commission meeting
and at other appropriate times:
(1) reports of investigations; and
(2) a summary of information relating to
investigations conducted under this subchapter that includes
analysis of the number, type, and outcome of investigations,
trends in investigations, and recommendations to avoid future
complaints.
Sec. 201.455. COOPERATION WITH LAW ENFORCEMENT OFFICIALS
AND OTHER ENTITIES. (a) The director of the compliance office
shall provide information and evidence relating to criminal acts
to the state auditor's office and appropriate law enforcement
officials.
(b) The director of the compliance office shall refer
matters for further civil, criminal, and administrative action
to appropriate administrative and prosecutorial agencies,
including the attorney general.
Sec. 201.456. AUTHORITY OF STATE AUDITOR. This
subchapter or other law related to the operation of the
department's compliance program does not preempt the authority
of the state auditor to conduct an audit or investigation under
Chapter 321, Government Code, or other law.
(b) Not later than January 1, 2013, the Texas Department
of Transportation shall submit a report to the legislature on the
effectiveness of the compliance program described by Subchapter
F-1, Chapter 201, Transportation Code, as added by this Act, and
any recommended changes in law to increase the effectiveness of
the compliance program.
Explanation: The addition of text is necessary to
establish a compliance program in the Texas Department of
Transportation.
(2) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill by adding the following language to
Section 222.106(i), Transportation Code:
(i) . . . A municipality may issue bonds to pay all or
part of the cost of the transportation project and may pledge and
assign all or a specified amount of money in the tax increment
account to secure repayment of those bonds.
Explanation: The addition of text is necessary to allow a
municipality to issue bonds to pay all or part of the cost of a
transportation project and pledge and assign all or a specified
amount of money in a tax increment account to secure repayment of
those bonds.
(3) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill by adding the following language to
Section 222.107(f), Transportation Code:
(f) The order or resolution designating an area as a
transportation reinvestment zone must:
. . .
(5) establish an ad valorem tax increment account
for the zone.
Explanation: The addition of text is necessary to
authorize a county to establish an ad valorem tax increment
account for a transportation reinvestment zone.
(4) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill by adding the following language to
Section 222.107(h), Transportation Code:
(h) The commissioners court may:
(1) from taxes collected on property in a zone, pay
into a tax increment account for the zone an amount equal to the
tax increment produced by the county less any amounts allocated
under previous agreements, including agreements under Section
381.004, Local Government Code, or Chapter 312, Tax Code;
. . . .
Explanation: The addition of text is necessary to allow a
county to pay into a tax increment account certain amounts from
taxes collected on property in a transportation reinvestment
zone.
(5) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill by adding the following language to
Section 222.107, Transportation Code:
(i-1) In the event a county collects a tax increment, it
may issue bonds to pay all or part of the cost of a transportation
project and may pledge and assign all or a specified amount of
money in the tax increment account to secure those bonds.
Explanation: The addition of text is necessary to allow a
county to issue bonds to pay all or part of the cost of a
transportation project and pledge and assign all or a specified
amount of money in a tax increment account to secure those bonds.
(6) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill by adding the following provision
to Subchapter E, Chapter 223, Transportation Code, and adding a
related nonamendatory provision:
Sec. 223.2012. NORTH TARRANT EXPRESS PROJECT PROVISIONS.
(a) In this section, the North Tarrant Express project is the
project described by Section 223.201(f)(3) entered into on June
23, 2009.
(b) The 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.
(c) The department is not required to use any further
competitive procurement process to enter into one or more related
facility agreements with the developer or an entity controlled
by, to be controlled by, or to be under common control with the
developer under the comprehensive development agreement for the
North Tarrant Express project.
(d) A facility agreement for the North Tarrant Express
project must terminate on or before June 22, 2061. A facility
agreement may not be extended or renewed beyond that date.
(e) 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.
(f) The comprehensive development agreement for the
North Tarrant Express project may provide the developer or an
entity controlled by, to be controlled by, or to be under common
control with the developer with a right of first negotiation
under which the developer may elect to negotiate with the
department and enter into one or more related facility agreements
for future phases or segments of the project.
(b) This Act does not validate any governmental act or
decision that:
(1) is inconsistent with . . . Section 223.2012,
Transportation Code, as added by this Act, relating to the North
Tarrant Express Project;
. . . .
Explanation: The addition of text is necessary to
implement provisions related to the comprehensive development
agreement entered into for the North Tarrant Express Project.
(7) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill by making the following changes to
Section 621.102, Transportation Code:
Sec. 621.102. [COMMISSION'S] AUTHORITY TO SET MAXIMUM
WEIGHTS. (a) The executive director of the Texas Department of
Transportation [commission] may set the maximum single axle
weight, tandem axle weight, or gross weight of a vehicle, or
maximum single axle weight, tandem axle weight, or gross weight
of a combination of vehicles and loads, that may be moved over a
state highway or a farm or ranch road if the executive director
[commission] finds that heavier maximum weight would rapidly
deteriorate or destroy the road or a bridge or culvert along the
road. A maximum weight set under this subsection may not exceed
the maximum set by statute for that weight.
(b) [The commission must set a maximum weight under this
section by order entered in its minutes.
[(c)] The executive director of the Texas Department of
Transportation [commission] must make the finding under this
section on an engineering and traffic investigation and in making
the finding shall consider the width, condition, and type of
pavement structures and other circumstances on the road.
(c) [(d)] A maximum weight or load set under this section
becomes effective on a highway or road when appropriate signs
giving notice of the maximum weight or load are erected on the
highway or road by the Texas Department of Transportation under
order of the commission.
(d) [(e)] A vehicle operating under a permit issued under
Section 623.011, 623.071, 623.094, 623.121, 623.142, 623.181,
623.192, or 623.212 may operate under the conditions authorized
by the permit over a road for which the executive director of the
Texas Department of Transportation [commission] has set a
maximum weight under this section.
(e) [(f)] For the purpose of this section, a farm or
ranch road is a state highway that is shown in the records of the
commission to be a farm-to-market or ranch-to-market road.
(f) [(g)] This section does not apply to a vehicle
delivering groceries, farm products, or liquefied petroleum gas.
Explanation: The addition of text is necessary to allow
the executive director of the Texas Department of Transportation
to set maximum weights for state highways, roads, and bridges.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 28, 2011, by the
following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate