83R5582 YDB-D
By: J. Davis of Harris H.B. No. 2096
A BILL TO BE ENTITLED
AN ACT
relating to the review and oversight of public and private
partnership agreements and projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 403, Government Code, is
amended by adding Section 403.0071 to read as follows:
Sec. 403.0071. PUBLIC AND PRIVATE PARTNERSHIP DIVISION.
The comptroller shall establish a public and private partnership
division within the comptroller's office to perform the duties
assigned under Chapter 2268. The comptroller may hire the staff
necessary for the division to perform its assigned duties.
SECTION 2. Section 2267.053(h), Government Code, as added
by Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular
Session, 2011, is amended to read as follows:
(h) Before entering into the negotiation of an interim or
comprehensive agreement, each responsible governmental entity
described by Section 2267.001(5)(A) must submit copies of detailed
proposals to the comptroller's public and private partnership
division [Partnership Advisory Commission] in accordance with
Chapter 2268.
SECTION 3. The heading to Chapter 2268, Government Code, is
amended to read as follows:
CHAPTER 2268. REVIEW OF DETAILED PROPOSALS FOR QUALIFYING PROJECTS
[PARTNERSHIP ADVISORY COMMISSION]
SECTION 4. Section 2268.001, Government Code, is amended by
adding Subdivision (3-a) to read as follows:
(3-a) "Division" means the comptroller's public and
private partnership division established under Section 403.0071.
SECTION 5. The heading to Subchapter B, Chapter 2268,
Government Code, is amended to read as follows:
SUBCHAPTER B. DIVISION REVIEW [COMMISSION]
SECTION 6. Sections 2268.058 and 2268.059, Government Code,
are amended to read as follows:
Sec. 2268.058. SUBMISSION OF DETAILED PROPOSALS FOR
QUALIFYING PROJECTS; EXEMPTION; DIVISION [COMMISSION] REVIEW. (a)
Before beginning to negotiate an interim or comprehensive
agreement, each responsible governmental entity receiving a
detailed proposal for a qualifying project must provide copies of
the proposal to:
(1) the division [presiding officer of the
commission]; and
(2) the chairs of the House Appropriations Committee
and Senate Finance Committee or their designees.
(b) The following qualifying projects are not subject to
review by the division [commission]:
(1) any proposed qualifying project with a total cost
of less than $5 million; and
(2) any proposed qualifying project with a total cost
of more than $5 million but less than $50 million for which money
has been specifically appropriated as a public-private partnership
in the General Appropriations Act.
(c) The division [commission] may undertake additional
reviews of any qualifying project that will be completed in phases
and for which an appropriation has not been made for any phase other
than the current phase of the project.
(d) Not later than the 10th day after the date the division
[commission] receives a complete copy of the detailed proposal for
a qualifying project, the division [commission] shall determine
whether to accept or decline the proposal for review and notify the
responsible governmental entity of the division's [commission's]
decision.
(e) If the division [commission] accepts a proposal for
review, the division [commission] shall provide its findings and
recommendations to the responsible governmental entity not later
than the 45th day after the date the division [commission] receives
complete copies of the detailed proposal. If the division
[commission] does not provide its findings or recommendations to
the responsible governmental entity by that date, the division
[commission] is considered to have declined review of the proposal
and to not have made any findings or recommendations on the
proposal.
(f) The responsible governmental entity on request of the
division [commission] shall provide any additional information
regarding a qualifying project reviewed by the division
[commission] if the information is available to or can be obtained
by the responsible governmental entity.
(g) The division [commission] shall review accepted
detailed proposals and provide findings and recommendations to the
responsible governmental entity that include:
(1) a determination on whether the terms of the
proposal and proposed qualifying project create state
tax-supported debt, taking into consideration the specific
findings of the comptroller with respect to the recommendation;
(2) an analysis of the potential financial impact of
the qualifying project;
(3) a review of the policy aspects of the detailed
proposal and the qualifying project; and
(4) proposed general business terms.
(h) Review by the division [commission] does not constitute
approval of any appropriations necessary to implement a subsequent
interim or comprehensive agreement.
(i) Except as provided by Subsection (e), the responsible
governmental entity may not begin negotiation of an interim or
comprehensive agreement until the division [commission] has
submitted its recommendations or declined to accept the detailed
proposals for review.
(j) Not later than the 30th day before the date a
comprehensive or interim agreement is executed, the responsible
governmental entity shall submit to the division [commission] and
the chairs of the House Appropriations Committee and Senate Finance
Committee or their designees:
(1) a copy of the proposed interim or comprehensive
agreement; and
(2) a report describing the extent to which the
division's [commission's] recommendations were addressed in the
proposed interim or comprehensive agreement.
(k) Each year, not later than June 30 and December 31, the
division shall prepare a report of the detailed proposals reviewed
by the division during the preceding six months.
(l) The comptroller may adopt rules necessary to implement
this section.
Sec. 2268.059. CONFIDENTIALITY OF CERTAIN RECORDS
SUBMITTED TO DIVISION [COMMISSION]. Records and information
afforded protection under Section 552.153 that are provided by a
responsible governmental entity to the division [commission] shall
continue to be protected from disclosure when in the possession of
the division [commission].
SECTION 7. Chapter 2268, Government Code, is amended by
adding Subchapter C to read as follows:
SUBCHAPTER C. LEGISLATIVE OVERSIGHT COMMITTEE
Sec. 2268.101. LEGISLATIVE OVERSIGHT COMMITTEE. (a) The
legislative oversight committee for public and private
partnerships consists of four members as follows:
(1) two senators appointed by the lieutenant governor;
and
(2) two members of the house of representatives
appointed by the speaker of the house of representatives.
(b) Members of the committee serve four-year terms that
expire September 1, 2017.
(c) If a member of the committee ceases to be a member of the
house from which the member was appointed, the member vacates the
member's position on the committee.
(d) If a vacancy occurs on the committee, the appropriate
appointing authority shall appoint a person to serve for the
remainder of the unexpired term in the same manner as the original
appointment.
(e) The division shall submit to the legislative oversight
committee the report required under Section 2268.058(k) in
accordance with the schedule established by the committee. The
committee shall meet to discuss the report not later than the 30th
day after the date each report is submitted.
Sec. 2268.102. EXPIRATION. This subchapter expires
September 1, 2017.
SECTION 8. Sections 2268.001(1), 2268.051, 2268.052,
2268.053, 2268.054, 2268.055, 2268.056, and 2268.057, Government
Code, are repealed.
SECTION 9. (a) As soon as practicable after the effective
date of this Act, but not later than September 1, 2013:
(1) the lieutenant governor shall appoint two senators
to the legislative oversight committee under Section 2268.101,
Government Code, as added by this Act;
(2) the speaker of the house of representatives shall
appoint two members of the house of representatives to the
legislative oversight committee under Section 2268.101, Government
Code, as added by this Act; and
(3) the comptroller of public accounts shall establish
the public and private partnership division under Section 403.0071,
Government Code, as added by this Act.
(b) On September 1, 2013, the Partnership Advisory
Commission is abolished, the terms of the commission members
expire, and all powers, duties, functions, and activities performed
by the commission are transferred to the comptroller's public and
private partnership division established under Section 403.0071,
Government Code, as added by this Act.
SECTION 10. 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, 2013.