83R5489 YDB-D
By: Watson, Eltife S.B. No. 507
A BILL TO BE ENTITLED
AN ACT
relating to public and private facilities and infrastructure.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2267.001, Government Code, as added by
Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular
Session, 2011, is amended by adding Subdivision (1-a) to read as
follows:
(1-a) "Commission" means the Partnership Advisory
Commission established under Chapter 2268.
SECTION 2. Subchapter A, Chapter 2267, Government Code, as
added by Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature,
Regular Session, 2011, is amended by adding Sections 2267.005,
2267.006, and 2267.007 to read as follows:
Sec. 2267.005. APPLICABILITY OF MUNICIPAL ZONING
REGULATIONS. (a) Except as provided by Subsection (b), a
qualifying project that is to be performed or located in a
municipality must comply with the zoning and land use regulations
of the municipality.
(b) This section does not apply to a qualifying project that
uses a building, other structure, or land under the control,
administration, or jurisdiction of a state agency for the same
purposes for which the state agency used the building, structure,
or land.
Sec. 2267.006. CONFLICT OF INTEREST. An employee of a
responsible governmental entity or a person related to the employee
within the second degree by consanguinity or affinity, as
determined under Chapter 573, may not accept money, a financial
benefit, or other consideration from a contracting person that has
entered into a comprehensive agreement with the responsible
governmental entity.
Sec. 2267.007. PROHIBITED EMPLOYMENT WITH FORMER OR RETIRED
GOVERNMENTAL ENTITY EMPLOYEES. (a) A contracting person may not
employ or enter into a professional services contract or a
consulting services contract under Chapter 2254 with a former or
retired employee of the responsible governmental entity with which
the person has entered into a comprehensive agreement before the
first anniversary of the date on which the former or retired
employee terminates employment with the entity.
(b) This section does not prohibit the contracting person
from entering into a professional services contract with a
corporation, firm, or other business organization that employs a
former or retired employee of the responsible governmental entity
before the first anniversary of the date the former or retired
employee terminates employment with the entity if the former or
retired employee does not perform services for the corporation,
firm, or other business organization under the comprehensive
agreement with the responsible governmental entity that the former
or retired employee worked on before terminating employment with
the entity.
SECTION 3. Section 2267.052, Government Code, as added by
Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular
Session, 2011, is amended by amending Subsection (c) and adding
Subsection (d) to read as follows:
(c) The guidelines of a responsible governmental entity
described by Section 2267.001(5)(B) must include:
(1) [may include] the provisions required under
Subsection (b); and
(2) [must include] a requirement that the governmental
entity engage the services of qualified professionals, including an
architect, professional engineer, or certified public accountant,
not otherwise employed by the governmental entity, to provide
independent analyses regarding the specifics, advantages,
disadvantages, and long-term and short-term costs of any proposal
requesting approval of a qualifying project unless the governing
body of the governmental entity determines that the analysis of the
proposal is to be performed by employees of the governmental
entity.
(d) A responsible governmental entity described by Section
2267.001(5)(B) shall submit a copy of the guidelines adopted by the
entity under this section to the commission for approval by the
commission. The commission shall prescribe the procedure for
submitting the guidelines for review under this section. The
governmental entity may not request or consider a proposal for a
qualifying project until the guidelines are approved by the
commission.
SECTION 4. Section 2267.053, Government Code, as added by
Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular
Session, 2011, is amended by adding Subsections (a-1) and (b-1) to
read as follows:
(a-1) A responsible governmental entity that approves a
proposal for a qualifying project under Subsection (a) shall select
the contracting person for the project by soliciting additional
proposals through a request for proposals or invitation to bid.
(b-1) A responsible governmental entity may approve a
qualifying project that the governmental entity determines serves a
public purpose. The governmental entity must include in the
comprehensive agreement for the qualifying project a written
declaration of the specific public purpose served by the project.
SECTION 5. The heading to Section 2267.066, Government
Code, is amended to read as follows:
Sec. 2267.066. POSTING OF PROPOSALS; PUBLIC COMMENT; PUBLIC
ACCESS TO PROCUREMENT RECORDS; FINAL VOTE.
SECTION 6. Section 2267.066, Government Code, is amended by
amending Subsection (d) and adding Subsection (e-1) to read as
follows:
(d) The responsible governmental entity shall hold a public
hearing on the proposal during the proposal review process not
later than the 30th day before the date the entity enters into an
interim or comprehensive agreement. The public hearing shall be
held in the area in which the proposed qualifying project is to be
performed.
(e-1) After making the proposed comprehensive agreement
available as required by Subsection (e), the responsible
governmental entity shall hold a public hearing on the final
version of the proposed comprehensive agreement and vote on the
proposed comprehensive agreement after the hearing. The hearing
must be held not later than the 10th day before the date the entity
enters into a comprehensive agreement with a contracting person.
SECTION 7. Subchapter B, Chapter 2268, Government Code, is
amended by adding Section 2268.0585 to read as follows:
Sec. 2268.0585. DISAPPROVAL OF QUALIFYING PROJECT
PROPOSALS OF CERTAIN RESPONSIBLE GOVERNMENTAL ENTITIES. The
commission by majority vote may disapprove a qualifying project
proposal submitted by a governmental entity described by Section
2267.001(5)(A).
SECTION 8. Section 211.013(c), Local Government Code, is
amended to read as follows:
(c) Except as provided by Section 2267.005, Government
Code, this [This] subchapter does not apply to a building, other
structure, or land under the control, administration, or
jurisdiction of a state or federal agency.
SECTION 9. The changes in law made by this Act apply only to
a qualifying project for which a proposal requesting approval of
the qualifying project is submitted to a responsible governmental
entity under Chapter 2267, Government Code, as amended by this Act,
on or after the effective date of this Act. A proposal submitted
before that date is governed by the law in effect on the date the
proposal was submitted, and the former law is continued in effect
for that purpose.
SECTION 10. This Act takes effect September 1, 2013.