Texas House Bill HB28

Texas 2013 - 83rd 1st C.S.

Caption

Relating to the authority of the Texas Department of Transportation to enter into availability payment agreements for the design, development, financing, construction, maintenance, or operation of a highway project.

Impact

The passage of HB 28 would significantly alter state law by granting TxDOT the authority to bypass traditional procurement processes for certain highway projects. This includes removing some existing regulatory frameworks under Chapter 223 of the Transportation Code and allowing the department more flexibility in financing arrangements. It broadens the scope for public-private partnerships in Texas transportation, potentially leading to faster project deliveries and innovative solutions in highway management.

Summary

House Bill 28 relates to the authority of the Texas Department of Transportation (TxDOT) to enter into availability payment agreements for the design, development, financing, construction, maintenance, and operation of highway projects. This legislative proposal introduces a new framework for TxDOT to engage private entities in the construction and maintenance of infrastructure, allowing for milestone and periodic payments linked to performance requirements. The goal of this bill is to improve highway infrastructure while leveraging private investment to alleviate public funding burdens.

Sentiment

The sentiment around HB 28 appears to be cautiously optimistic amongst supporters, who value the potential for improved infrastructure and reduced costs through private sector efficiencies. However, there are concerns among some stakeholders regarding the transparency and accountability of these agreements, specifically about how public funds might be utilized in contracts that involve private entities. The debate highlights a tension between necessary infrastructure development and the risks of privatization.

Contention

Notable points of contention stem from fears that agreements under this bill may prioritize profit over public interest, especially if performance requirements are not adequately defined or enforced. Critics worry that the confidentiality clauses included in the bill may limit public oversight and accountability in such partnerships. These concerns focus on the implications of allowing the private sector to have a significant role in public infrastructure, fostering fears of reduced quality and accessibility in transportation services.