By: Pickett, Phillips, Martinez, Simmons, H.B. No. 13
Burkett
Substitute the following for H.B. No. 13:
By: Simmons C.S.H.B. No. 13
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) "Region" means the area for which a planning
organization develops plans under this subchapter.
(3) "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
201.993(d) 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;
(4) the amount the department anticipates allocating
during the forecast period through discretionary decisions of the
commission; and
(5) 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. PLANNING ORGANIZATION PROJECT SELECTION AND
PRIORITIZATION. (a) Each planning organization shall select
projects in its region and prioritize them using the criteria
developed under Section 201.9932.
(b) For an area not located within the boundaries of a
metropolitan planning organization, the applicable department
district shall select projects and prioritize them with input from
municipal and county elected officials and transportation
officials using the criteria developed under Section 201.9932.
(c) The department shall compile the project selections of
the planning organizations to develop the statewide transportation
plan in accordance with 23 U.S.C. Section 135.
Sec. 201.9932. PROJECT SELECTION CRITERIA. Each planning
organization shall develop its own project selection 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, including locally generated
funding;
(4) effects on the environment, including air quality;
(5) socioeconomic effects; and
(6) any other factors deemed appropriate by the
planning organization.
SECTION 3. Section 201.996, Transportation Code, is amended
by adding Subsection (d) to read as follows:
(d) Before transferring funds between categories by any
method outside the established formulas or before transferring
funds subject to discretion of the department, the commission shall
hold a public hearing on the transfer of those funds. Not later
than the 30th day before the date of a hearing held under this
section, the commission shall provide a written explanation of the
transfer, including the need and justification for the deviation
from the formula allocation or use of discretionary funds.
SECTION 4. Subchapter P, Chapter 201, Transportation Code,
is amended by adding Section 201.9961 to read as follows:
Sec. 201.9961. USE OF ADDITIONAL REVENUE AND BOND PROCEEDS
FOR CERTAIN PROJECTS. (a) If money from the general revenue fund
or state highway fund is appropriated to the department for the
state fiscal biennium beginning September 1, 2015, in an amount
that exceeds the appropriation from those funds to the department
for the previous fiscal biennium, or if a constitutional amendment
providing additional money to the department is adopted, the
commission may use the additional money to finance projects that
would otherwise be financed using proceeds from:
(1) the sale and issuance of bonds and other public
securities secured by the state highway fund under Section 49-n,
Article III, Texas Constitution, as proposed by H.J.R. 28, 78th
Legislature, Regular Session, 2003; or
(2) general obligation bonds issued under Section
49-p, Article III, Texas Constitution.
(b) The commission shall determine whether the unused
proceeds from bonds described by Subsection (a) may be used to
finance projects, in addition to those allocated funding under
Section 201.996, that reduce congestion, increase capacity, reduce
tolls, or promote safety. The commission shall adopt rules
establishing criteria for projects to be considered eligible for
financing under this subsection.
(c) Not later than the 30th day before the date the
commission authorizes the use of money under this section, the
commission shall hold a public meeting to consider that
authorization.
(d) This section expires September 1, 2017.
SECTION 5. 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.