By: Pickett, et al. (Senate Sponsor - Nichols) H.B. No. 13
(In the Senate - Received from the House May 4, 2015;
May 5, 2015, read first time and referred to Committee on
Transportation; May 18, 2015, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 0;
May 18, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 13 By: Nichols
A BILL TO BE ENTITLED
AN ACT
relating to categories of and funding allocation for transportation
projects by the Texas Department of Transportation and local
transportation entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter P, Chapter 201, Transportation Code,
is amended by adding Sections 201.9901 and 201.9902 to read as
follows:
Sec. 201.9901. DEFINITIONS. In this subchapter:
(1) "Planning organization" means:
(A) a metropolitan planning organization; or
(B) for an area that is not within the boundaries
of a metropolitan planning organization, the department district
that serves the area.
(2) "Project" means a connectivity or new capacity
roadway project in the region of a planning organization. The term
does not include a safety project, bridge project, federal
discretionary project, maintenance project, or preservation
project.
(3) "Region" means the area for which a planning
organization develops plans under this subchapter.
(4) "Transportation official" means an official in a
political subdivision who has responsibility for planning and
implementation of transportation projects.
Sec. 201.9902. UPDATE TO TRANSPORTATION FUNDING CATEGORIES
AND ALLOCATION FORMULAS. (a) Not later than October 1, 2015, the
commission shall initiate a process to review the categories and
formulas adopted under Sections 201.991(b)(2) and 201.996.
(b) The review process must include an effort by the
department to seek the collective input of all planning
organizations in the state. The department shall convene meetings
as necessary to facilitate discussions among planning
organizations that will result in a consensus recommendation among
a majority of the planning organizations as to updated funding
categories and funding allocation formulas.
(c) Not later than May 1, 2016, the commission shall adopt
rules implementing updated funding categories and funding
allocation formulas. To the extent that the adopted categories or
funding allocation formulas differ from the consensus
recommendations of the planning organizations, the commission must
provide a detailed written explanation for the differences. The
explanation must be made available on the department's Internet
website.
(d) This section expires September 1, 2017.
SECTION 2. Subchapter P, Chapter 201, Transportation Code,
is amended by adding Sections 201.9911, 201.9921, 201.9931, and
201.9932 to read as follows:
Sec. 201.9911. PLANNING ORGANIZATION 10-YEAR PLAN. (a)
Each planning organization shall develop a 10-year transportation
plan for the use of the funding allocated to the region. The
department shall assist the planning organizations by providing in
a timely manner such information as is reasonably requested by the
planning organizations.
(b) The plan must identify the items described by Section
201.9921(b) as applicable to the planning organization and the
funding of transportation projects in the region.
(c) The first four years of the plan shall be developed to
meet the transportation improvement plan requirements of 23 U.S.C.
Section 134 or 135, as applicable.
(d) For an area that is not within the boundaries of a
metropolitan planning organization, the department district shall
develop the 10-year transportation plan with input from municipal
and county elected officials and transportation officials in the
region.
Sec. 201.9921. TEN-YEAR CASH FLOW PROJECTION. (a) Not
later than September 1 of each odd-numbered year, the department's
chief financial officer shall prepare and publish a cash flow
forecast for a period of not less than 10 years.
(b) The forecast must identify:
(1) the aggregate amount of all sources of funding
available for eligible transportation projects;
(2) the amount previously committed to eligible
transportation projects based on actions of the commission;
(3) the amount not committed to projects but that the
department anticipates allocating during the forecast period
through formulas adopted under Section 201.996; and
(4) the sources of all funds projected to be available
during the forecast period, including bond proceeds, and an
estimation of debt service payments associated with the bond
proceeds.
(c) The first two years of the forecast must be based on the
appropriation of funds in the General Appropriations Act for the
department for that biennium.
Sec. 201.9931. PROJECT RECOMMENDATION AND PRIORITIZATION.
(a) Each planning organization shall recommend projects in its
region and prioritize them using the criteria developed under
Section 201.9932 and in accordance with 23 U.S.C. Section 135.
(b) For an area not located within the boundaries of a
metropolitan planning organization, the applicable department
district shall recommend projects and prioritize them with input
from municipal and county elected officials and transportation
officials using the criteria developed under Section 201.9932 and
in accordance with 23 U.S.C. Section 135.
(c) The department shall compile the project
recommendations of the planning organizations to develop the
statewide transportation plan in accordance with 23 U.S.C. Section
135.
Sec. 201.9932. PROJECT RECOMMENDATION CRITERIA. Each
planning organization shall develop its own project recommendation
criteria, which must include consideration of:
(1) projected improvements to congestion and safety;
(2) projected effects on economic development
opportunities for residents of the region;
(3) available funding;
(4) effects on the environment, including air quality;
(5) socioeconomic effects, including
disproportionately high and adverse health or environmental
effects on minority or low-income neighborhoods; and
(6) any other factors considered appropriate by the
planning organization, including local criteria that focus on
objectives unique to the organization's jurisdiction.
SECTION 3. Section 201.996, Transportation Code, is amended
by adding Subsection (d) to read as follows:
(d) The commission may not consider transferring funds
between categories by any method outside the established formulas
or allocating funds subject to the discretion of the commission
unless:
(1) the commission considers the transfer or
allocation at a regularly scheduled commission meeting; and
(2) the department presents to the commission a
written explanation of the transfer, including the need and
justification for the deviation from the formula allocation or use
of discretionary funds, at a regularly scheduled commission meeting
held in the month before the meeting described by Subdivision (1).
SECTION 4. 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, 2015.
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