85R11906 JRR-D
By: Gonzales of Williamson H.B. No. 3955
A BILL TO BE ENTITLED
AN ACT
relating to the functions of the Texas Department of Transportation
relating to transportation planning and projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 201.601(a-1) and (d), Transportation
Code, are amended to read as follows:
(a-1) The plan must:
(1) contain specific and clearly defined
transportation system strategies, long-term transportation goals
for the state and measurable targets for each goal, and other
related performance measures;
(2) identify priority corridors, projects, or areas of
the state that are of particular concern to the department in
meeting the goals established under Subdivision (1); and
(3) contain a participation plan specifying methods
for obtaining formal input on the goals and priorities identified
under this subsection from:
(A) other state agencies;
(B) political subdivisions;
(C) local transportation entities; and
(D) the general public.
(d) In selecting transportation projects, the [The]
department shall consider the transportation system strategies,
goals and measurable targets, and other related performance
measures established under Subsection (a-1)(1) [in selecting
transportation projects].
SECTION 2. Section 201.6015, Transportation Code, is
amended to read as follows:
Sec. 201.6015. INTEGRATION OF PLANS AND POLICY EFFORTS. In
developing each of its transportation plans and policy efforts, the
department must:
(1) clearly reference the statewide transportation
plan under Section 201.601;
(2) include in the plan or policy effort the
transportation system strategies, goals and measurable targets,
and other related performance measures established under Section
201.601(a-1)(1); and
(3) [and] specify how the plan or policy effort
supports [or otherwise relates to] the specific goals established
under Section 201.601(a-1)(1) [that section].
SECTION 3. Section 201.807, Transportation Code, is amended
by amending Subsection (a) and adding Subsections (g) and (h) to
read as follows:
(a) In this section, "department project" means a highway
project under the jurisdiction of the department, including a
grouped rehabilitation and preventive maintenance project, that:
(1) is being developed or is under construction; and
(2) is identified in the district project portfolio
[work program] required under Section 201.998.
(g) The department shall:
(1) conduct a comprehensive review of the project
information reporting system;
(2) in conducting the review required by Subdivision
(1), incorporate feedback from internal and external users of the
system and advice from the department office responsible for public
involvement; and
(3) develop a plan for implementing any needed
improvements to the system.
(h) The department shall conduct the review required by
Subsection (g)(1) on a regular basis, as specified by commission
rule.
SECTION 4. Subchapter J, Chapter 201, Transportation Code,
is amended by adding Section 201.8075 to read as follows:
Sec. 201.8075. STATEWIDE TRANSPORTATION PLAN DASHBOARD.
(a) In this section, "dashboard" means a web-based data
visualization tool that provides an analysis and visual
representation of key performance measures relevant to a particular
objective.
(b) The department shall develop and prominently display on
the department's Internet website a dashboard that clearly
communicates to the public:
(1) the transportation system strategies, goals and
measurable targets, and other related performance measures
established under Section 201.601(a-1)(1); and
(2) the department's progress, including trends over
time, in meeting the strategies, goals and targets, and other
related performance measures described by Subdivision (1).
(c) The dashboard must be in a format that is easy to
navigate.
(d) The department shall:
(1) regularly update the information displayed on the
dashboard; and
(2) publish on the department's Internet website the
methodology and data used to determine the department's progress
under Subsection (b)(2).
SECTION 5. Section 201.808, Transportation Code, is amended
by adding Subsection (i) to read as follows:
(i) The department shall:
(1) conduct a comprehensive analysis regarding the
effect of funding allocations made to funding categories described
by Section 201.991(b) and project selection decisions on
accomplishing the goals described in the statewide transportation
plan under Section 201.601;
(2) provide the analysis to metropolitan planning
organizations, the public, and each member of the commission for
the purpose of informing deliberations on funding decisions for the
unified transportation program under Section 201.991;
(3) update the analysis as part of:
(A) the department's annual update to the unified
transportation program under Section 201.992 and any other formal
update to that program; and
(B) the evaluation and report required by Section
201.809;
(4) promptly publish the analysis on the department's
Internet website in its entirety and in summary form; and
(5) publish the methodology and data used to create
the analysis on the department's Internet website and make the
methodology and data available to the metropolitan planning
organizations, the public, and the commission under Subdivision
(2).
SECTION 6. Section 201.809(a), Transportation Code, is
amended to read as follows:
(a) The department annually shall evaluate and publish a
report about the status of each transportation goal for this
state. The department shall also promptly publish the report on
the department's Internet website in summary form. The report must
include:
(1) information about the progress of each long-term
transportation goal that is identified by the statewide
transportation plan;
(2) the status of each project identified as a major
priority;
(3) a summary of the number of statewide project
implementation benchmarks that have been completed; [and]
(4) information about the accuracy of previous
department financial forecasts; and
(5) the analysis required by Section 201.808(i).
SECTION 7. Section 201.991, Transportation Code, is amended
by adding Subsections (b-1) and (e) and amending Subsection (d) to
read as follows:
(b-1) The commission by rule shall:
(1) adopt a policy comprehensively explaining the
department's approach to public involvement and transparency
related to the unified transportation program; and
(2) require the department to, at a minimum, make a
report on any change to the unified transportation program
available on the department's Internet website and provide the
report to the commission in a public meeting, regardless of any
rules adopted for public hearings and approvals.
(d) In developing the rules required by Subsection (b) [this
section], the commission shall collaborate with local
transportation entities.
(e) In developing the policy required by Subsection
(b-1)(1), the commission shall collaborate with stakeholders.
SECTION 8. Section 201.992(b), Transportation Code, is
amended to read as follows:
(b) The annual update must include:
(1) the annual funding forecast required by Section
201.993;
(2) the list of major transportation projects required
by Section 201.994(b); [and]
(3) the category to which the project has been
assigned and the priority of the project in the category under
Section 201.995; and
(4) the analysis required by Section 201.808(i).
SECTION 9. Section 201.995, Transportation Code, is amended
by adding Subsection (d) to read as follows:
(d) In prioritizing and approving projects under Section
201.9991 that are included in the unified transportation program,
the commission must first evaluate projects on strategic need and
potential contribution toward meeting the transportation goals
established under Section 201.601(a-1)(1). After conducting that
initial evaluation, the commission may conduct a secondary
evaluation based on other factors such as funding availability and
project readiness.
SECTION 10. Section 201.998, Transportation Code, is
amended to read as follows:
Sec. 201.998. DISTRICT PROJECT PORTFOLIOS [WORK PROGRAM].
(a) Each department district shall develop a consistently
formatted project portfolio [work program] based on the unified
transportation program covering a period of at least four years
that contains all projects that the district proposes to implement
during that period.
(b) The department shall develop comprehensive performance
measures for key steps in the project development process for
projects included in each district's project portfolio. The
department shall use the performance measures developed under this
subsection to track and report whether each district is:
(1) developing an appropriate mix of projects; and
(2) on track to meet letting targets that are
consistent with applicable department policy governing when a
project should be bid on for a contract awarded by the department
[work program must contain:
[(1) information regarding the progress of projects
designated as major transportation projects, according to project
implementation benchmarks and timelines established under Section
201.994; and
[(2) a summary of the progress on other district
projects].
(c) The department shall conduct a review of project
development activities in each district's project portfolio on a
regular basis and use the review [use the work program] to[:
[(1)] monitor and evaluate the performance of each
[the] district[; and
[(2) evaluate the performance of district employees].
(d) In conducting the review required by Subsection (c), the
[The] department shall, when appropriate, seek input from key
stakeholders such as local government project sponsors or
metropolitan planning organizations [publish the work program in
appropriate media and on the department's Internet website].
(e) The commission shall adopt rules as necessary to
administer this section.
(f) The commission shall adopt and regularly update rules:
(1) governing the overall planning, review, and
monitoring process created by this section;
(2) specifying how planning and project stakeholders
can become involved in the process described by Subdivision (1);
and
(3) requiring the department to regularly report
results under this section to the commission and the public and
specifying the method for reporting those results.
(g) The commission shall consult a stakeholder group before
adopting or updating rules under Subsection (f).
SECTION 11. Section 201.9991(a), Transportation Code, is
amended to read as follows:
(a) The commission by rule shall prioritize and approve
projects included in the statewide transportation plan under
Section 201.601 or in the unified transportation program under
Section 201.991 in order to provide financial assistance under this
chapter.
SECTION 12. Subchapter P, Chapter 201, Transportation Code,
is amended by adding Section 201.9992 to read as follows:
Sec. 201.9992. ROLES AND RESPONSIBILITIES OF DEPARTMENT AND
METROPOLITAN PLANNING ORGANIZATIONS. (a) The commission shall
adopt rules governing:
(1) the alignment of the department's state and
federal funding forecasts, including the annual funding forecast
required by Section 201.993, with the funding forecasts of
metropolitan planning organizations, including:
(A) the funding forecasts used for long-term
planning as described in Sections 201.620 and 472.035; and
(B) the 10-year transportation plan required by
Section 201.9911;
(2) the alignment of the statewide project
recommendation criteria developed by the department with the
project recommendation criteria developed by metropolitan planning
organizations that relate to statewide transportation goals,
particularly for major mobility projects using a mix of several
funding sources and selected by different entities;
(3) the department's timelines and review process for
the 10-year transportation plans required by Section 201.9911;
(4) the department's process for allowing metropolitan
planning organizations direct access to the department's
information systems, software, and technical assistance for the
purpose of accomplishing statewide transportation goals; and
(5) the department's process for collaborating with
metropolitan planning organizations to regularly evaluate the
availability, consistency, and quality of data and other
information needed to fully develop a more performance-based
transportation planning and project selection system.
(b) A rule adopted under Subsection (a)(3) must take into
consideration a metropolitan planning organization's other
deadlines and requirements in federal law.
(c) The commission shall consult a stakeholder group before
developing the rules required by Subsection (a).
SECTION 13. Section 223.012, Transportation Code, is
amended to read as follows:
Sec. 223.012. CONTRACTOR PERFORMANCE. (a) The commission
[department] shall adopt rules to:
(1) establish a range of contract remedies to be
included in all low-bid highway improvement contracts, including
enforceable corrective action plans and criteria for prohibiting
contractors with significant project completion delays from
bidding on new projects, and develop a process and criteria for when
to apply each contract remedy;
(2) develop and implement a schedule for liquidated
damages that accurately reflects the costs associated with project
completion delays, including administrative and travel delays; and
(3) develop a contractor performance evaluation
process and an evaluation tool that:
(A) allows for the [(2)] review of contractor
bidding capacity to ensure that contractors meet each quality,
safety, and timeliness standard established by the commission; and
(B) contains criteria for modifying a
contractor's bidding capacity for competitively bid highway
improvement contracts when appropriate [(3) conduct a review to
determine whether commission rules or state law should be changed
to realize significant cost and time savings on state highway
construction and maintenance projects].
(b) In developing the rules required by Subsection (a)(1),
the commission must:
(1) consult with industry contractors; and
(2) consider contract remedies used by:
(A) other state agencies; and
(B) departments of transportation in other
states [Not later than December 1, 1998, the department shall file a
report with the governor, the lieutenant governor, and the speaker
of the house of representatives containing:
[(1) the results of the review conducted under
Subsection (a)(3); and
[(2) recommendations on legislation the commission
determines is necessary to realize significant cost and time
savings on state highway construction and maintenance].
(c) The rules adopted under Subsection (a)(2) must:
(1) include criteria for identifying projects that
have a significant impact on the traveling public; and
(2) require the department to calculate
project-specific liquidated damages for projects described by
Subdivision (1) that reflect the true cost of travel delays.
(d) In developing the evaluation tool required by
Subsection (a)(3), the commission must consult with industry
contractors.
(e) The rules adopted under Subsection (a)(3) must:
(1) provide for a process for contractors to appeal
the contractors' evaluations; and
(2) include criteria for the use of the evaluations by
the department to address contractor performance problems.
SECTION 14. (a) Not later than March 1, 2018, the Texas
Department of Transportation shall:
(1) complete a review and update of the long-term
transportation goals contained in the statewide transportation
plan under Section 201.601, Transportation Code, and make any
changes to the statewide transportation plan that are necessary to
implement the change in law made by this Act to Section 201.601,
Transportation Code, including adopting specific and clearly
defined transportation system strategies, long-term transportation
goals for the state and measurable targets for each goal, and other
related performance measures, to ensure that the department uses a
single set of transportation goals in all of the department's
transportation plans and policy efforts;
(2) make any changes to each of the department's
transportation plans and policy efforts that are necessary to
implement the change in law made by this Act to Section 201.6015,
Transportation Code;
(3) develop the plan required by Section
201.807(g)(3), Transportation Code, as added by this Act; and
(4) develop and publish on the department's Internet
website the dashboard required by Section 201.8075, Transportation
Code, as added by this Act.
(b) Not later than September 1, 2018, the Texas
Transportation Commission shall:
(1) adopt the rules required by Sections 201.807(h),
201.991(b-1), 201.998(f), and 201.9992, Transportation Code, as
added by this Act, and Section 223.012, Transportation Code, as
amended by this Act; and
(2) adopt or modify any rules necessary to implement
the changes in law made by this Act to Sections 201.807, 201.991,
and 201.998, Transportation Code.
SECTION 15. This Act takes effect September 1, 2017.