84R10817 JAM-F
By: Simmons H.B. No. 2685
A BILL TO BE ENTITLED
AN ACT
relating to the operations of and transportation planning and
expenditures by the Texas Department of Transportation and local
transportation entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 201, Transportation Code, is amended by
adding Subchapter C-1 to read as follows:
SUBCHAPTER C-1. ADVISORY COMMITTEES
Sec. 201.151. STATE INFRASTRUCTURE ADVISORY COMMITTEE. (a)
In this section, "advisory committee" means the state
infrastructure advisory committee.
(b) The state infrastructure advisory committee is composed
of the following six members:
(1) three members of the senate appointed by the
lieutenant governor, including:
(A) a member of the committee having primary
jurisdiction over matters relating to finance; and
(B) the chair of the committee having primary
jurisdiction over transportation; and
(2) three members of the house of representatives
appointed by the speaker of the house of representatives,
including:
(A) a member of the committee having primary
jurisdiction over matters relating to appropriations; and
(B) the chair of the committee having primary
jurisdiction over transportation.
(c) The following persons shall serve as staff support for
the advisory committee:
(1) a member of the senior staff of the department,
designated by the director, who has management-level
responsibility for the design, implementation, and ongoing review
of project selection criteria for transportation infrastructure
projects;
(2) a member of the senior staff of the department,
designated by the director, who has management-level
responsibility for the funding and financing of transportation
infrastructure projects;
(3) a member of the senior staff of the department,
designated by the director, who has management-level
responsibility relating to the department's policies on innovation
and strategy;
(4) a member of the staff of the internal auditor of
the department, designated by the commission; and
(5) the support staff of the commission.
(d) A member of the advisory committee serves at the will of
the person who appointed the member.
(e) The chairs of the committees of the house of
representatives and senate having primary jurisdiction over
transportation serve as co-presiding officers of the advisory
committee.
(f) The advisory committee may hold public hearings, formal
meetings, or work sessions called by either co-presiding officer of
the committee at any time. The advisory committee may not take
formal action at a public hearing, formal meeting, or work session
unless a quorum of the committee is present.
(g) Except as otherwise provided by this subsection, a
member of the advisory committee is not entitled to receive
compensation for service on the committee. Service on the advisory
committee is considered legislative service for which a member of
the advisory committee is entitled to reimbursement and other
benefits in the same manner and to the same extent as for other
legislative service.
(h) The advisory committee shall submit a report to the
commission regarding transportation funding, project selection,
and financing matters for use by the commission. The report must
include an assessment of and recommendations on:
(1) department rules and policies regarding the
preparation for and allocation of construction funding for projects
involving commission discretion under the department's unified
transportation program;
(2) department rules and policies regarding the
development and implementation of performance-based scoring and
decision-making for project prioritization and selection;
(3) all available programs or funds for providing
financing for projects included in the unified transportation
program, including guidelines for the ongoing use of each program
or fund that has been authorized by the legislature;
(4) the use of and lending practices related to the
Texas Mobility Fund;
(5) performance metrics and measurement tools used by
the department to evaluate the performance of a department project
or program;
(6) the department's collaboration with state elected
officials, local governments, government trade associations,
metropolitan planning organizations, regional mobility
authorities, and other entities when adopting rules or formulating
policies;
(7) the department's innovation and technology
projects and programs, including information technology projects
and technology advances in construction, maintenance, traffic
management, and motor vehicles;
(8) the department's safety and maintenance projects
and programs, including projects and programs related to energy
sector roads and bridges; and
(9) the overall operation, function, and structure of
the department and the commission.
(i) This subsection and Subsection (h) expire September 1,
2017.
(j) The advisory committee may advise and make
recommendations to the department and commission on any matter at
any time, including regarding information to be posted on the
department's Internet website.
(k) The advisory committee may adopt policies and
procedures as needed to implement this section and its
responsibilities.
(l) On the recommendation of the advisory committee, the
department shall enter into a contract with an independent firm for
a forensic audit of the actions of the department or commission in
an area of interest determined by the advisory committee, including
procurement procedures, information technology practices, toll
operations, organizational structure, methods of funding or
financing of projects, organizational transparency, external
communications, and project selection.
(m) Chapter 2110, Government Code, does not apply to the
advisory committee.
(n) The advisory committee is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the committee is abolished and this
section expires September 1, 2025.
Sec. 201.152. STAKEHOLDER ADVISORY COMMITTEES. (a) The
commission shall establish one or more stakeholder advisory
committees to make recommendations to the commission or department
before the adoption of a rule, policy, or procedure affecting the
stakeholders. An advisory committee has the purposes, powers, and
duties prescribed by the commission.
(b) Chapter 2110, Government Code, does not apply to a
stakeholder advisory committee established under this section.
(c) The commission shall appoint to each stakeholder
advisory committee persons who:
(1) are selected from a list provided by the director;
(2) have knowledge about and interests in the work of
the advisory committee being established; and
(3) represent a broad range of viewpoints on the work
of the advisory committee being established.
(d) A stakeholder advisory committee must include a member
of the public if appropriate and beneficial.
(e) A member of a stakeholder advisory committee may not be
compensated by the commission or the department for service on the
advisory committee.
(f) The meetings of a stakeholder advisory committee must be
made accessible to the public in person or through electronic
means.
SECTION 2. Subchapter H, Chapter 201, Transportation Code,
is amended by adding Sections 201.6016 and 201.6017 to read as
follows:
Sec. 201.6016. PRIORITIZATION OF PROJECTS BY LOCAL
TRANSPORTATION ENTITIES AND DEPARTMENT DISTRICTS. (a) The
department shall work with all local transportation entities in the
state to develop and adopt uniform guidelines governing the funding
prioritization of the entities' transportation projects.
(b) The commission, in consultation with department staff,
shall establish a project selection stakeholders advisory
committee that represents diverse interests in the state. The
committee is composed of:
(1) the presiding officer of the governing body or a
person designated by the presiding officer of at least:
(A) 10 metropolitan planning organizations; and
(B) 3 regional mobility authorities; and
(2) 10 department district engineers.
(c) The project selection stakeholders advisory committee
shall review proposed guidelines from each local transportation
entity and recommend to the department uniform guidelines to be
adopted under Subsection (a) and implemented by all local
transportation entities and department districts.
(d) In making recommendations under Subsection (c), the
project selection stakeholders advisory committee shall consider:
(1) the time frame in which a project is needed;
(2) the feasibility of a project, including the
availability of rights-of-way, funding support, and the ability to
plan, design, and construct the project in a reasonable period of
time;
(3) the viability of a project, including whether the
project is a comprehensive solution with a measurable outcome;
(4) the sustainability of a project, assessing how the
project will meet the needs of the community, stakeholders, and the
environment; and
(5) all criteria established by the commission for
prioritization of projects.
(e) In prioritizing projects, each local transportation
entity and department district shall include projects that meet
short-term and long-term needs of the entity's jurisdiction.
(f) Uniform standards established under this section must
be approved by the commission.
(g) Using the uniform standards established under this
section, each local transportation entity and department district
shall submit to the department the funding prioritization for
transportation projects in the entity's jurisdiction.
Sec. 201.6017. PRIORITIZATION OF PROJECTS BY DEPARTMENT AND
APPROVED BY COMMISSION. (a) The department shall prioritize and
the commission shall approve projects included in the statewide
transportation plan under Section 201.601 in order to provide
financial assistance under this chapter.
(b) The department shall establish and the commission shall
approve an overall performance-based process for setting category
funding levels in the department's unified transportation program.
The department shall consider a zero-based budget approach to
address safety, maintenance, congestion, connectivity, economic
development, and other needs.
(c) The department shall establish and the commission shall
approve a point system for prioritization of projects for which
financial assistance is sought from the commission. The project
evaluation criteria must take into consideration the department's
strategic goals as approved by the commission. The system must
include a standard for the department to apply in determining how to
take into account the diverse needs of the state so as to fairly
allocate funding to all regions of the state.
(d) The department may not recommend and the commission may
not approve a deviation from the department's selection of projects
for funding of more than 10 percent of the current biennial budget
of the department. A deviation must be reviewed with the state
infrastructure advisory committee before the commission takes
action. Not less than 60 days before approving a deviation, the
commission must provide notice of that pending approval to the
state infrastructure advisory committee.
(e) In awarding points to projects, the department shall
give priority to projects that:
(1) address safety, maintenance, congestion
mitigation, and connectivity;
(2) provide assistance to urban and rural populations;
(3) provide regional balance;
(4) meet a high percentage of the infrastructure needs
of a community;
(5) have available funding;
(6) are able to begin without significant delay; and
(7) include public participation in the planning
process and public support for the project.
(f) In addition to criteria under Subsection (e), in
prioritizing projects the department shall consider:
(1) the local contribution to be made to construct the
project;
(2) the financial capacity of the entity responsible
for the project to repay the obligation if the assistance is in the
form of a loan;
(3) the ability to timely leverage state financial
support with local and federal funding;
(4) whether there is an emergency need for the
project;
(5) whether all preliminary planning and design work
associated with the project necessary to reasonably predict cost,
construction period, and benefits of the project have been
completed;
(6) whether all rights-of-way and easements necessary
to begin construction have been acquired or approved;
(7) the start date for and certainty of the beginning
of project construction;
(8) the demonstrated or projected impact on the
community; and
(9) the priority given the project by the applicable
local transportation entity under Section 201.6016.
SECTION 3. Section 201.809, Transportation Code, is amended
by adding Subsections (e) through (j) to read as follows:
(e) The department shall develop and implement, and the
commission shall approve, a performance-based planning and
programming process dedicated to providing the executive and
legislative branches of government with indicators that quantify
and qualify progress toward attaining all department goals and
objectives established by the legislature and the commission.
(f) The department shall develop and implement performance
metrics and performance measures as part of:
(1) the review of strategic planning in the statewide
transportation plan, metropolitan transportation plans, rural
transportation plans, and unified transportation program;
(2) the evaluation of decision-making on projects
selected for funding in the unified transportation program and
statewide transportation improvement program; and
(3) the evaluation of project delivery for projects in
the department's letting schedule.
(g) The department shall use and the commission shall review
performance metrics and measures to:
(1) assess how well the transportation system is
operating;
(2) provide the department, legislature,
stakeholders, and public with information to support decisions;
(3) assess the effectiveness and efficiency of
transportation projects and service delivery; and
(4) demonstrate transparency and accountability.
(h) The department shall develop and implement, and the
commission shall approve, specific performance metrics and
measures for sustainable objectives, including:
(1) congestion reduction;
(2) safety enhancements;
(3) expansion of economic opportunity;
(4) preservation of the value of existing
transportation assets;
(5) cost efficiency of the department's operations;
(6) project procurement, delivery, and final cost; and
(7) enhancements in public participation in the
infrastructure planning process.
(i) The requirement for the department to develop and
implement a performance-based planning and programming process
does not replace or alter the requirement of the department to
comply with the budgetary performance measures for each biennium as
established in the General Appropriations Act. The department may
not rely on its requirement to report budgetary performance
measures as satisfying the requirements imposed under this section.
(j) The department shall develop and implement monthly and
annual reporting schedules for all performance metrics and measures
required under this section.
SECTION 4. Section 201.117, Transportation Code, is
repealed.
SECTION 5. Not later than January 1, 2017, the state
infrastructure advisory committee established by Section 201.151,
Transportation Code, as added by this Act, shall submit to the
legislature the report required by that section.
SECTION 6. 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.