| 1 | 1 | | 85R12130 JAM-F |
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| 2 | 2 | | By: Simmons H.B. No. 3826 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the approval by the Texas Department of Transportation |
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| 8 | 8 | | of certain transportation projects of a regional mobility |
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| 9 | 9 | | authority. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 370.038(a), Transportation Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (a) The commission shall adopt rules that: |
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| 14 | 14 | | (1) govern the creation of an authority; |
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| 15 | 15 | | (2) govern [the commission's approval of a project |
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| 16 | 16 | | under Section 370.187 and other] commission approvals required by |
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| 17 | 17 | | this chapter; |
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| 18 | 18 | | (3) establish design and construction standards for a |
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| 19 | 19 | | transportation project that will connect with a highway in the |
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| 20 | 20 | | state highway system or a department rail facility; |
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| 21 | 21 | | (4) establish minimum audit and reporting |
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| 22 | 22 | | requirements and standards; |
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| 23 | 23 | | (5) establish minimum ethical standards for authority |
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| 24 | 24 | | directors and employees; and |
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| 25 | 25 | | (6) govern the authority of an authority to contract |
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| 26 | 26 | | with the United Mexican States or a state of the United Mexican |
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| 27 | 27 | | States. |
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| 28 | 28 | | SECTION 2. Section 370.187(b), Transportation Code, is |
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| 29 | 29 | | amended to read as follows: |
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| 30 | 30 | | (b) The commission by rule shall establish procedures and |
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| 31 | 31 | | criteria for the department's [an] approval of a transportation |
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| 32 | 32 | | project that will connect with a highway in the state highway system |
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| 33 | 33 | | or a department rail facility [under this section]. The procedures |
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| 34 | 34 | | and criteria [rules] must: |
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| 35 | 35 | | (1) be based on safety and operational considerations; |
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| 36 | 36 | | and |
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| 37 | 37 | | (2) require the department [commission] to consider a |
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| 38 | 38 | | request for project approval not later than the 60th day after the |
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| 39 | 39 | | date the department receives all information reasonably necessary |
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| 40 | 40 | | to review the request. |
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| 41 | 41 | | SECTION 3. Section 370.187(a), Transportation Code, is |
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| 42 | 42 | | repealed. |
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| 43 | 43 | | SECTION 4. Section 370.187, Transportation Code, as amended |
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| 44 | 44 | | by this Act, applies only to a request for approval of a project |
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| 45 | 45 | | that is submitted to the Texas Department of Transportation on or |
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| 46 | 46 | | after the effective date of this Act. A request for approval of a |
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| 47 | 47 | | project that is submitted before that date is governed by the law in |
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| 48 | 48 | | effect on the date the request for approval was submitted, and the |
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| 49 | 49 | | former law is continued in effect for that purpose. |
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| 50 | 50 | | SECTION 5. This Act takes effect immediately if it receives |
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| 51 | 51 | | a vote of two-thirds of all the members elected to each house, as |
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| 52 | 52 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 53 | 53 | | Act does not receive the vote necessary for immediate effect, this |
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| 54 | 54 | | Act takes effect September 1, 2017. |
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