85R22819 JXC-D
By: Cosper H.B. No. 4163
Substitute the following for H.B. No. 4163:
By: Morrison C.S.H.B. No. 4163
A BILL TO BE ENTITLED
AN ACT
relating to the allocation of money associated with delays of
transportation projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 222, Transportation Code,
is amended by adding Section 222.007 to read as follows:
Sec. 222.007. ALLOCATION OF MONEY FROM TRANSPORTATION
PROJECT DELAYS. (a) The department shall establish a system to
track:
(1) fees for delays in transportation projects
collected by the department from contractors hired by the
department; and
(2) liquidated damages retained by the department
associated with delayed transportation project contracts.
(b) The system must allow the department to correlate the
fees and liquidated damages with:
(1) the project that was the subject of the fees or
damages; and
(2) each department district in which the project that
was the subject of the fees or damages is located.
(c) Each year, the department shall:
(1) for each department district, determine the amount
of money described by Subsection (a) collected or retained in the
previous year that is attributable to projects located in the
district; and
(2) in addition to other amounts, allocate to each
department district an amount of money equal to the amount
determined for the district under Subdivision (1) to be used for
transportation projects located in that district.
(d) If a transportation project that was the subject of fees
or liquidated damages is located in more than one department
district, the department may reasonably allocate the penalty
revenue from that project between the districts in which the
project is located.
SECTION 2. This Act takes effect September 1, 2017.