Texas 2015 - 84th Regular

Texas House Bill HB2685 Compare Versions

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1	1	84R10817 JAM-F
2	2	By: Simmons H.B. No. 2685
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the operations of and transportation planning and
8	8	expenditures by the Texas Department of Transportation and local
9	9	transportation entities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 201, Transportation Code, is amended by
12	12	adding Subchapter C-1 to read as follows:
13	13	SUBCHAPTER C-1. ADVISORY COMMITTEES
14	14	Sec. 201.151. STATE INFRASTRUCTURE ADVISORY COMMITTEE. (a)
15	15	In this section, "advisory committee" means the state
16	16	infrastructure advisory committee.
17	17	(b) The state infrastructure advisory committee is composed
18	18	of the following six members:
19	19	(1) three members of the senate appointed by the
20	20	lieutenant governor, including:
21	21	(A) a member of the committee having primary
22	22	jurisdiction over matters relating to finance; and
23	23	(B) the chair of the committee having primary
24	24	jurisdiction over transportation; and
25	25	(2) three members of the house of representatives
26	26	appointed by the speaker of the house of representatives,
27	27	including:
28	28	(A) a member of the committee having primary
29	29	jurisdiction over matters relating to appropriations; and
30	30	(B) the chair of the committee having primary
31	31	jurisdiction over transportation.
32	32	(c) The following persons shall serve as staff support for
33	33	the advisory committee:
34	34	(1) a member of the senior staff of the department,
35	35	designated by the director, who has management-level
36	36	responsibility for the design, implementation, and ongoing review
37	37	of project selection criteria for transportation infrastructure
38	38	projects;
39	39	(2) a member of the senior staff of the department,
40	40	designated by the director, who has management-level
41	41	responsibility for the funding and financing of transportation
42	42	infrastructure projects;
43	43	(3) a member of the senior staff of the department,
44	44	designated by the director, who has management-level
45	45	responsibility relating to the department's policies on innovation
46	46	and strategy;
47	47	(4) a member of the staff of the internal auditor of
48	48	the department, designated by the commission; and
49	49	(5) the support staff of the commission.
50	50	(d) A member of the advisory committee serves at the will of
51	51	the person who appointed the member.
52	52	(e) The chairs of the committees of the house of
53	53	representatives and senate having primary jurisdiction over
54	54	transportation serve as co-presiding officers of the advisory
55	55	committee.
56	56	(f) The advisory committee may hold public hearings, formal
57	57	meetings, or work sessions called by either co-presiding officer of
58	58	the committee at any time. The advisory committee may not take
59	59	formal action at a public hearing, formal meeting, or work session
60	60	unless a quorum of the committee is present.
61	61	(g) Except as otherwise provided by this subsection, a
62	62	member of the advisory committee is not entitled to receive
63	63	compensation for service on the committee. Service on the advisory
64	64	committee is considered legislative service for which a member of
65	65	the advisory committee is entitled to reimbursement and other
66	66	benefits in the same manner and to the same extent as for other
67	67	legislative service.
68	68	(h) The advisory committee shall submit a report to the
69	69	commission regarding transportation funding, project selection,
70	70	and financing matters for use by the commission. The report must
71	71	include an assessment of and recommendations on:
72	72	(1) department rules and policies regarding the
73	73	preparation for and allocation of construction funding for projects
74	74	involving commission discretion under the department's unified
75	75	transportation program;
76	76	(2) department rules and policies regarding the
77	77	development and implementation of performance-based scoring and
78	78	decision-making for project prioritization and selection;
79	79	(3) all available programs or funds for providing
80	80	financing for projects included in the unified transportation
81	81	program, including guidelines for the ongoing use of each program
82	82	or fund that has been authorized by the legislature;
83	83	(4) the use of and lending practices related to the
84	84	Texas Mobility Fund;
85	85	(5) performance metrics and measurement tools used by
86	86	the department to evaluate the performance of a department project
87	87	or program;
88	88	(6) the department's collaboration with state elected
89	89	officials, local governments, government trade associations,
90	90	metropolitan planning organizations, regional mobility
91	91	authorities, and other entities when adopting rules or formulating
92	92	policies;
93	93	(7) the department's innovation and technology
94	94	projects and programs, including information technology projects
95	95	and technology advances in construction, maintenance, traffic
96	96	management, and motor vehicles;
97	97	(8) the department's safety and maintenance projects
98	98	and programs, including projects and programs related to energy
99	99	sector roads and bridges; and
100	100	(9) the overall operation, function, and structure of
101	101	the department and the commission.
102	102	(i) This subsection and Subsection (h) expire September 1,
103	103	2017.
104	104	(j) The advisory committee may advise and make
105	105	recommendations to the department and commission on any matter at
106	106	any time, including regarding information to be posted on the
107	107	department's Internet website.
108	108	(k) The advisory committee may adopt policies and
109	109	procedures as needed to implement this section and its
110	110	responsibilities.
111	111	(l) On the recommendation of the advisory committee, the
112	112	department shall enter into a contract with an independent firm for
113	113	a forensic audit of the actions of the department or commission in
114	114	an area of interest determined by the advisory committee, including
115	115	procurement procedures, information technology practices, toll
116	116	operations, organizational structure, methods of funding or
117	117	financing of projects, organizational transparency, external
118	118	communications, and project selection.
119	119	(m) Chapter 2110, Government Code, does not apply to the
120	120	advisory committee.
121	121	(n) The advisory committee is subject to Chapter 325,
122	122	Government Code (Texas Sunset Act). Unless continued in existence
123	123	as provided by that chapter, the committee is abolished and this
124	124	section expires September 1, 2025.
125	125	Sec. 201.152. STAKEHOLDER ADVISORY COMMITTEES. (a) The
126	126	commission shall establish one or more stakeholder advisory
127	127	committees to make recommendations to the commission or department
128	128	before the adoption of a rule, policy, or procedure affecting the
129	129	stakeholders. An advisory committee has the purposes, powers, and
130	130	duties prescribed by the commission.
131	131	(b) Chapter 2110, Government Code, does not apply to a
132	132	stakeholder advisory committee established under this section.
133	133	(c) The commission shall appoint to each stakeholder
134	134	advisory committee persons who:
135	135	(1) are selected from a list provided by the director;
136	136	(2) have knowledge about and interests in the work of
137	137	the advisory committee being established; and
138	138	(3) represent a broad range of viewpoints on the work
139	139	of the advisory committee being established.
140	140	(d) A stakeholder advisory committee must include a member
141	141	of the public if appropriate and beneficial.
142	142	(e) A member of a stakeholder advisory committee may not be
143	143	compensated by the commission or the department for service on the
144	144	advisory committee.
145	145	(f) The meetings of a stakeholder advisory committee must be
146	146	made accessible to the public in person or through electronic
147	147	means.
148	148	SECTION 2. Subchapter H, Chapter 201, Transportation Code,
149	149	is amended by adding Sections 201.6016 and 201.6017 to read as
150	150	follows:
151	151	Sec. 201.6016. PRIORITIZATION OF PROJECTS BY LOCAL
152	152	TRANSPORTATION ENTITIES AND DEPARTMENT DISTRICTS. (a) The
153	153	department shall work with all local transportation entities in the
154	154	state to develop and adopt uniform guidelines governing the funding
155	155	prioritization of the entities' transportation projects.
156	156	(b) The commission, in consultation with department staff,
157	157	shall establish a project selection stakeholders advisory
158	158	committee that represents diverse interests in the state. The
159	159	committee is composed of:
160	160	(1) the presiding officer of the governing body or a
161	161	person designated by the presiding officer of at least:
162	162	(A) 10 metropolitan planning organizations; and
163	163	(B) 3 regional mobility authorities; and
164	164	(2) 10 department district engineers.
165	165	(c) The project selection stakeholders advisory committee
166	166	shall review proposed guidelines from each local transportation
167	167	entity and recommend to the department uniform guidelines to be
168	168	adopted under Subsection (a) and implemented by all local
169	169	transportation entities and department districts.
170	170	(d) In making recommendations under Subsection (c), the
171	171	project selection stakeholders advisory committee shall consider:
172	172	(1) the time frame in which a project is needed;
173	173	(2) the feasibility of a project, including the
174	174	availability of rights-of-way, funding support, and the ability to
175	175	plan, design, and construct the project in a reasonable period of
176	176	time;
177	177	(3) the viability of a project, including whether the
178	178	project is a comprehensive solution with a measurable outcome;
179	179	(4) the sustainability of a project, assessing how the
180	180	project will meet the needs of the community, stakeholders, and the
181	181	environment; and
182	182	(5) all criteria established by the commission for
183	183	prioritization of projects.
184	184	(e) In prioritizing projects, each local transportation
185	185	entity and department district shall include projects that meet
186	186	short-term and long-term needs of the entity's jurisdiction.
187	187	(f) Uniform standards established under this section must
188	188	be approved by the commission.
189	189	(g) Using the uniform standards established under this
190	190	section, each local transportation entity and department district
191	191	shall submit to the department the funding prioritization for
192	192	transportation projects in the entity's jurisdiction.
193	193	Sec. 201.6017. PRIORITIZATION OF PROJECTS BY DEPARTMENT AND
194	194	APPROVED BY COMMISSION. (a) The department shall prioritize and
195	195	the commission shall approve projects included in the statewide
196	196	transportation plan under Section 201.601 in order to provide
197	197	financial assistance under this chapter.
198	198	(b) The department shall establish and the commission shall
199	199	approve an overall performance-based process for setting category
200	200	funding levels in the department's unified transportation program.
201	201	The department shall consider a zero-based budget approach to
202	202	address safety, maintenance, congestion, connectivity, economic
203	203	development, and other needs.
204	204	(c) The department shall establish and the commission shall
205	205	approve a point system for prioritization of projects for which
206	206	financial assistance is sought from the commission. The project
207	207	evaluation criteria must take into consideration the department's
208	208	strategic goals as approved by the commission. The system must
209	209	include a standard for the department to apply in determining how to
210	210	take into account the diverse needs of the state so as to fairly
211	211	allocate funding to all regions of the state.
212	212	(d) The department may not recommend and the commission may
213	213	not approve a deviation from the department's selection of projects
214	214	for funding of more than 10 percent of the current biennial budget
215	215	of the department. A deviation must be reviewed with the state
216	216	infrastructure advisory committee before the commission takes
217	217	action. Not less than 60 days before approving a deviation, the
218	218	commission must provide notice of that pending approval to the
219	219	state infrastructure advisory committee.
220	220	(e) In awarding points to projects, the department shall
221	221	give priority to projects that:
222	222	(1) address safety, maintenance, congestion
223	223	mitigation, and connectivity;
224	224	(2) provide assistance to urban and rural populations;
225	225	(3) provide regional balance;
226	226	(4) meet a high percentage of the infrastructure needs
227	227	of a community;
228	228	(5) have available funding;
229	229	(6) are able to begin without significant delay; and
230	230	(7) include public participation in the planning
231	231	process and public support for the project.
232	232	(f) In addition to criteria under Subsection (e), in
233	233	prioritizing projects the department shall consider:
234	234	(1) the local contribution to be made to construct the
235	235	project;
236	236	(2) the financial capacity of the entity responsible
237	237	for the project to repay the obligation if the assistance is in the
238	238	form of a loan;
239	239	(3) the ability to timely leverage state financial
240	240	support with local and federal funding;
241	241	(4) whether there is an emergency need for the
242	242	project;
243	243	(5) whether all preliminary planning and design work
244	244	associated with the project necessary to reasonably predict cost,
245	245	construction period, and benefits of the project have been
246	246	completed;
247	247	(6) whether all rights-of-way and easements necessary
248	248	to begin construction have been acquired or approved;
249	249	(7) the start date for and certainty of the beginning
250	250	of project construction;
251	251	(8) the demonstrated or projected impact on the
252	252	community; and
253	253	(9) the priority given the project by the applicable
254	254	local transportation entity under Section 201.6016.
255	255	SECTION 3. Section 201.809, Transportation Code, is amended
256	256	by adding Subsections (e) through (j) to read as follows:
257	257	(e) The department shall develop and implement, and the
258	258	commission shall approve, a performance-based planning and
259	259	programming process dedicated to providing the executive and
260	260	legislative branches of government with indicators that quantify
261	261	and qualify progress toward attaining all department goals and
262	262	objectives established by the legislature and the commission.
263	263	(f) The department shall develop and implement performance
264	264	metrics and performance measures as part of:
265	265	(1) the review of strategic planning in the statewide
266	266	transportation plan, metropolitan transportation plans, rural
267	267	transportation plans, and unified transportation program;
268	268	(2) the evaluation of decision-making on projects
269	269	selected for funding in the unified transportation program and
270	270	statewide transportation improvement program; and
271	271	(3) the evaluation of project delivery for projects in
272	272	the department's letting schedule.
273	273	(g) The department shall use and the commission shall review
274	274	performance metrics and measures to:
275	275	(1) assess how well the transportation system is
276	276	operating;
277	277	(2) provide the department, legislature,
278	278	stakeholders, and public with information to support decisions;
279	279	(3) assess the effectiveness and efficiency of
280	280	transportation projects and service delivery; and
281	281	(4) demonstrate transparency and accountability.
282	282	(h) The department shall develop and implement, and the
283	283	commission shall approve, specific performance metrics and
284	284	measures for sustainable objectives, including:
285	285	(1) congestion reduction;
286	286	(2) safety enhancements;
287	287	(3) expansion of economic opportunity;
288	288	(4) preservation of the value of existing
289	289	transportation assets;
290	290	(5) cost efficiency of the department's operations;
291	291	(6) project procurement, delivery, and final cost; and
292	292	(7) enhancements in public participation in the
293	293	infrastructure planning process.
294	294	(i) The requirement for the department to develop and
295	295	implement a performance-based planning and programming process
296	296	does not replace or alter the requirement of the department to
297	297	comply with the budgetary performance measures for each biennium as
298	298	established in the General Appropriations Act. The department may
299	299	not rely on its requirement to report budgetary performance
300	300	measures as satisfying the requirements imposed under this section.
301	301	(j) The department shall develop and implement monthly and
302	302	annual reporting schedules for all performance metrics and measures
303	303	required under this section.
304	304	SECTION 4. Section 201.117, Transportation Code, is
305	305	repealed.
306	306	SECTION 5. Not later than January 1, 2017, the state
307	307	infrastructure advisory committee established by Section 201.151,
308	308	Transportation Code, as added by this Act, shall submit to the
309	309	legislature the report required by that section.
310	310	SECTION 6. This Act takes effect immediately if it receives
311	311	a vote of two-thirds of all the members elected to each house, as
312	312	provided by Section 39, Article III, Texas Constitution. If this
313	313	Act does not receive the vote necessary for immediate effect, this
314	314	Act takes effect September 1, 2015.