Texas 2017 - 85th Regular

Texas House Bill HB3955 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R11906 JRR-D
2	2	By: Gonzales of Williamson H.B. No. 3955
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the functions of the Texas Department of Transportation
8	8	relating to transportation planning and projects.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 201.601(a-1) and (d), Transportation
11	11	Code, are amended to read as follows:
12	12	(a-1) The plan must:
13	13	(1) contain specific and clearly defined
14	14	transportation system strategies, long-term transportation goals
15	15	for the state and measurable targets for each goal, and other
16	16	related performance measures;
17	17	(2) identify priority corridors, projects, or areas of
18	18	the state that are of particular concern to the department in
19	19	meeting the goals established under Subdivision (1); and
20	20	(3) contain a participation plan specifying methods
21	21	for obtaining formal input on the goals and priorities identified
22	22	under this subsection from:
23	23	(A) other state agencies;
24	24	(B) political subdivisions;
25	25	(C) local transportation entities; and
26	26	(D) the general public.
27	27	(d) In selecting transportation projects, the [The]
28	28	department shall consider the transportation system strategies,
29	29	goals and measurable targets, and other related performance
30	30	measures established under Subsection (a-1)(1) [in selecting
31	31	transportation projects].
32	32	SECTION 2. Section 201.6015, Transportation Code, is
33	33	amended to read as follows:
34	34	Sec. 201.6015. INTEGRATION OF PLANS AND POLICY EFFORTS. In
35	35	developing each of its transportation plans and policy efforts, the
36	36	department must:
37	37	(1) clearly reference the statewide transportation
38	38	plan under Section 201.601;
39	39	(2) include in the plan or policy effort the
40	40	transportation system strategies, goals and measurable targets,
41	41	and other related performance measures established under Section
42	42	201.601(a-1)(1); and
43	43	(3) [and] specify how the plan or policy effort
44	44	supports [or otherwise relates to] the specific goals established
45	45	under Section 201.601(a-1)(1) [that section].
46	46	SECTION 3. Section 201.807, Transportation Code, is amended
47	47	by amending Subsection (a) and adding Subsections (g) and (h) to
48	48	read as follows:
49	49	(a) In this section, "department project" means a highway
50	50	project under the jurisdiction of the department, including a
51	51	grouped rehabilitation and preventive maintenance project, that:
52	52	(1) is being developed or is under construction; and
53	53	(2) is identified in the district project portfolio
54	54	[work program] required under Section 201.998.
55	55	(g) The department shall:
56	56	(1) conduct a comprehensive review of the project
57	57	information reporting system;
58	58	(2) in conducting the review required by Subdivision
59	59	(1), incorporate feedback from internal and external users of the
60	60	system and advice from the department office responsible for public
61	61	involvement; and
62	62	(3) develop a plan for implementing any needed
63	63	improvements to the system.
64	64	(h) The department shall conduct the review required by
65	65	Subsection (g)(1) on a regular basis, as specified by commission
66	66	rule.
67	67	SECTION 4. Subchapter J, Chapter 201, Transportation Code,
68	68	is amended by adding Section 201.8075 to read as follows:
69	69	Sec. 201.8075. STATEWIDE TRANSPORTATION PLAN DASHBOARD.
70	70	(a) In this section, "dashboard" means a web-based data
71	71	visualization tool that provides an analysis and visual
72	72	representation of key performance measures relevant to a particular
73	73	objective.
74	74	(b) The department shall develop and prominently display on
75	75	the department's Internet website a dashboard that clearly
76	76	communicates to the public:
77	77	(1) the transportation system strategies, goals and
78	78	measurable targets, and other related performance measures
79	79	established under Section 201.601(a-1)(1); and
80	80	(2) the department's progress, including trends over
81	81	time, in meeting the strategies, goals and targets, and other
82	82	related performance measures described by Subdivision (1).
83	83	(c) The dashboard must be in a format that is easy to
84	84	navigate.
85	85	(d) The department shall:
86	86	(1) regularly update the information displayed on the
87	87	dashboard; and
88	88	(2) publish on the department's Internet website the
89	89	methodology and data used to determine the department's progress
90	90	under Subsection (b)(2).
91	91	SECTION 5. Section 201.808, Transportation Code, is amended
92	92	by adding Subsection (i) to read as follows:
93	93	(i) The department shall:
94	94	(1) conduct a comprehensive analysis regarding the
95	95	effect of funding allocations made to funding categories described
96	96	by Section 201.991(b) and project selection decisions on
97	97	accomplishing the goals described in the statewide transportation
98	98	plan under Section 201.601;
99	99	(2) provide the analysis to metropolitan planning
100	100	organizations, the public, and each member of the commission for
101	101	the purpose of informing deliberations on funding decisions for the
102	102	unified transportation program under Section 201.991;
103	103	(3) update the analysis as part of:
104	104	(A) the department's annual update to the unified
105	105	transportation program under Section 201.992 and any other formal
106	106	update to that program; and
107	107	(B) the evaluation and report required by Section
108	108	201.809;
109	109	(4) promptly publish the analysis on the department's
110	110	Internet website in its entirety and in summary form; and
111	111	(5) publish the methodology and data used to create
112	112	the analysis on the department's Internet website and make the
113	113	methodology and data available to the metropolitan planning
114	114	organizations, the public, and the commission under Subdivision
115	115	(2).
116	116	SECTION 6. Section 201.809(a), Transportation Code, is
117	117	amended to read as follows:
118	118	(a) The department annually shall evaluate and publish a
119	119	report about the status of each transportation goal for this
120	120	state. The department shall also promptly publish the report on
121	121	the department's Internet website in summary form. The report must
122	122	include:
123	123	(1) information about the progress of each long-term
124	124	transportation goal that is identified by the statewide
125	125	transportation plan;
126	126	(2) the status of each project identified as a major
127	127	priority;
128	128	(3) a summary of the number of statewide project
129	129	implementation benchmarks that have been completed; [and]
130	130	(4) information about the accuracy of previous
131	131	department financial forecasts; and
132	132	(5) the analysis required by Section 201.808(i).
133	133	SECTION 7. Section 201.991, Transportation Code, is amended
134	134	by adding Subsections (b-1) and (e) and amending Subsection (d) to
135	135	read as follows:
136	136	(b-1) The commission by rule shall:
137	137	(1) adopt a policy comprehensively explaining the
138	138	department's approach to public involvement and transparency
139	139	related to the unified transportation program; and
140	140	(2) require the department to, at a minimum, make a
141	141	report on any change to the unified transportation program
142	142	available on the department's Internet website and provide the
143	143	report to the commission in a public meeting, regardless of any
144	144	rules adopted for public hearings and approvals.
145	145	(d) In developing the rules required by Subsection (b) [this
146	146	section], the commission shall collaborate with local
147	147	transportation entities.
148	148	(e) In developing the policy required by Subsection
149	149	(b-1)(1), the commission shall collaborate with stakeholders.
150	150	SECTION 8. Section 201.992(b), Transportation Code, is
151	151	amended to read as follows:
152	152	(b) The annual update must include:
153	153	(1) the annual funding forecast required by Section
154	154	201.993;
155	155	(2) the list of major transportation projects required
156	156	by Section 201.994(b); [and]
157	157	(3) the category to which the project has been
158	158	assigned and the priority of the project in the category under
159	159	Section 201.995; and
160	160	(4) the analysis required by Section 201.808(i).
161	161	SECTION 9. Section 201.995, Transportation Code, is amended
162	162	by adding Subsection (d) to read as follows:
163	163	(d) In prioritizing and approving projects under Section
164	164	201.9991 that are included in the unified transportation program,
165	165	the commission must first evaluate projects on strategic need and
166	166	potential contribution toward meeting the transportation goals
167	167	established under Section 201.601(a-1)(1). After conducting that
168	168	initial evaluation, the commission may conduct a secondary
169	169	evaluation based on other factors such as funding availability and
170	170	project readiness.
171	171	SECTION 10. Section 201.998, Transportation Code, is
172	172	amended to read as follows:
173	173	Sec. 201.998. DISTRICT PROJECT PORTFOLIOS [WORK PROGRAM].
174	174	(a) Each department district shall develop a consistently
175	175	formatted project portfolio [work program] based on the unified
176	176	transportation program covering a period of at least four years
177	177	that contains all projects that the district proposes to implement
178	178	during that period.
179	179	(b) The department shall develop comprehensive performance
180	180	measures for key steps in the project development process for
181	181	projects included in each district's project portfolio. The
182	182	department shall use the performance measures developed under this
183	183	subsection to track and report whether each district is:
184	184	(1) developing an appropriate mix of projects; and
185	185	(2) on track to meet letting targets that are
186	186	consistent with applicable department policy governing when a
187	187	project should be bid on for a contract awarded by the department
188	188	[work program must contain:
189	189	[(1) information regarding the progress of projects
190	190	designated as major transportation projects, according to project
191	191	implementation benchmarks and timelines established under Section
192	192	201.994; and
193	193	[(2) a summary of the progress on other district
194	194	projects].
195	195	(c) The department shall conduct a review of project
196	196	development activities in each district's project portfolio on a
197	197	regular basis and use the review [use the work program] to[:
198	198	[(1)] monitor and evaluate the performance of each
199	199	[the] district[; and
200	200	[(2) evaluate the performance of district employees].
201	201	(d) In conducting the review required by Subsection (c), the
202	202	[The] department shall, when appropriate, seek input from key
203	203	stakeholders such as local government project sponsors or
204	204	metropolitan planning organizations [publish the work program in
205	205	appropriate media and on the department's Internet website].
206	206	(e) The commission shall adopt rules as necessary to
207	207	administer this section.
208	208	(f) The commission shall adopt and regularly update rules:
209	209	(1) governing the overall planning, review, and
210	210	monitoring process created by this section;
211	211	(2) specifying how planning and project stakeholders
212	212	can become involved in the process described by Subdivision (1);
213	213	and
214	214	(3) requiring the department to regularly report
215	215	results under this section to the commission and the public and
216	216	specifying the method for reporting those results.
217	217	(g) The commission shall consult a stakeholder group before
218	218	adopting or updating rules under Subsection (f).
219	219	SECTION 11. Section 201.9991(a), Transportation Code, is
220	220	amended to read as follows:
221	221	(a) The commission by rule shall prioritize and approve
222	222	projects included in the statewide transportation plan under
223	223	Section 201.601 or in the unified transportation program under
224	224	Section 201.991 in order to provide financial assistance under this
225	225	chapter.
226	226	SECTION 12. Subchapter P, Chapter 201, Transportation Code,
227	227	is amended by adding Section 201.9992 to read as follows:
228	228	Sec. 201.9992. ROLES AND RESPONSIBILITIES OF DEPARTMENT AND
229	229	METROPOLITAN PLANNING ORGANIZATIONS. (a) The commission shall
230	230	adopt rules governing:
231	231	(1) the alignment of the department's state and
232	232	federal funding forecasts, including the annual funding forecast
233	233	required by Section 201.993, with the funding forecasts of
234	234	metropolitan planning organizations, including:
235	235	(A) the funding forecasts used for long-term
236	236	planning as described in Sections 201.620 and 472.035; and
237	237	(B) the 10-year transportation plan required by
238	238	Section 201.9911;
239	239	(2) the alignment of the statewide project
240	240	recommendation criteria developed by the department with the
241	241	project recommendation criteria developed by metropolitan planning
242	242	organizations that relate to statewide transportation goals,
243	243	particularly for major mobility projects using a mix of several
244	244	funding sources and selected by different entities;
245	245	(3) the department's timelines and review process for
246	246	the 10-year transportation plans required by Section 201.9911;
247	247	(4) the department's process for allowing metropolitan
248	248	planning organizations direct access to the department's
249	249	information systems, software, and technical assistance for the
250	250	purpose of accomplishing statewide transportation goals; and
251	251	(5) the department's process for collaborating with
252	252	metropolitan planning organizations to regularly evaluate the
253	253	availability, consistency, and quality of data and other
254	254	information needed to fully develop a more performance-based
255	255	transportation planning and project selection system.
256	256	(b) A rule adopted under Subsection (a)(3) must take into
257	257	consideration a metropolitan planning organization's other
258	258	deadlines and requirements in federal law.
259	259	(c) The commission shall consult a stakeholder group before
260	260	developing the rules required by Subsection (a).
261	261	SECTION 13. Section 223.012, Transportation Code, is
262	262	amended to read as follows:
263	263	Sec. 223.012. CONTRACTOR PERFORMANCE. (a) The commission
264	264	[department] shall adopt rules to:
265	265	(1) establish a range of contract remedies to be
266	266	included in all low-bid highway improvement contracts, including
267	267	enforceable corrective action plans and criteria for prohibiting
268	268	contractors with significant project completion delays from
269	269	bidding on new projects, and develop a process and criteria for when
270	270	to apply each contract remedy;
271	271	(2) develop and implement a schedule for liquidated
272	272	damages that accurately reflects the costs associated with project
273	273	completion delays, including administrative and travel delays; and
274	274	(3) develop a contractor performance evaluation
275	275	process and an evaluation tool that:
276	276	(A) allows for the [(2)] review of contractor
277	277	bidding capacity to ensure that contractors meet each quality,
278	278	safety, and timeliness standard established by the commission; and
279	279	(B) contains criteria for modifying a
280	280	contractor's bidding capacity for competitively bid highway
281	281	improvement contracts when appropriate [(3) conduct a review to
282	282	determine whether commission rules or state law should be changed
283	283	to realize significant cost and time savings on state highway
284	284	construction and maintenance projects].
285	285	(b) In developing the rules required by Subsection (a)(1),
286	286	the commission must:
287	287	(1) consult with industry contractors; and
288	288	(2) consider contract remedies used by:
289	289	(A) other state agencies; and
290	290	(B) departments of transportation in other
291	291	states [Not later than December 1, 1998, the department shall file a
292	292	report with the governor, the lieutenant governor, and the speaker
293	293	of the house of representatives containing:
294	294	[(1) the results of the review conducted under
295	295	Subsection (a)(3); and
296	296	[(2) recommendations on legislation the commission
297	297	determines is necessary to realize significant cost and time
298	298	savings on state highway construction and maintenance].
299	299	(c) The rules adopted under Subsection (a)(2) must:
300	300	(1) include criteria for identifying projects that
301	301	have a significant impact on the traveling public; and
302	302	(2) require the department to calculate
303	303	project-specific liquidated damages for projects described by
304	304	Subdivision (1) that reflect the true cost of travel delays.
305	305	(d) In developing the evaluation tool required by
306	306	Subsection (a)(3), the commission must consult with industry
307	307	contractors.
308	308	(e) The rules adopted under Subsection (a)(3) must:
309	309	(1) provide for a process for contractors to appeal
310	310	the contractors' evaluations; and
311	311	(2) include criteria for the use of the evaluations by
312	312	the department to address contractor performance problems.
313	313	SECTION 14. (a) Not later than March 1, 2018, the Texas
314	314	Department of Transportation shall:
315	315	(1) complete a review and update of the long-term
316	316	transportation goals contained in the statewide transportation
317	317	plan under Section 201.601, Transportation Code, and make any
318	318	changes to the statewide transportation plan that are necessary to
319	319	implement the change in law made by this Act to Section 201.601,
320	320	Transportation Code, including adopting specific and clearly
321	321	defined transportation system strategies, long-term transportation
322	322	goals for the state and measurable targets for each goal, and other
323	323	related performance measures, to ensure that the department uses a
324	324	single set of transportation goals in all of the department's
325	325	transportation plans and policy efforts;
326	326	(2) make any changes to each of the department's
327	327	transportation plans and policy efforts that are necessary to
328	328	implement the change in law made by this Act to Section 201.6015,
329	329	Transportation Code;
330	330	(3) develop the plan required by Section
331	331	201.807(g)(3), Transportation Code, as added by this Act; and
332	332	(4) develop and publish on the department's Internet
333	333	website the dashboard required by Section 201.8075, Transportation
334	334	Code, as added by this Act.
335	335	(b) Not later than September 1, 2018, the Texas
336	336	Transportation Commission shall:
337	337	(1) adopt the rules required by Sections 201.807(h),
338	338	201.991(b-1), 201.998(f), and 201.9992, Transportation Code, as
339	339	added by this Act, and Section 223.012, Transportation Code, as
340	340	amended by this Act; and
341	341	(2) adopt or modify any rules necessary to implement
342	342	the changes in law made by this Act to Sections 201.807, 201.991,
343	343	and 201.998, Transportation Code.
344	344	SECTION 15. This Act takes effect September 1, 2017.