Texas 2019 - 86th Regular

Texas House Bill HB1644 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R28873~~ JTS-F
	1	+	86R7188 JTS-F
2	2		By: Martinez H.B. No. 1644
3		-	Substitute the following for H.B. No. 1644:
4		-	By: Bernal C.S.H.B. No. 1644
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to Texas Department of Transportation and regional
10	8		mobility authority comprehensive development agreements.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 223.201(b), Transportation Code, is
	11	+	transferred to Subchapter E, Chapter 223, Transportation Code,
13	12		redesignated as Section 223.2001, Transportation Code, and amended
14	13		to read as follows:
15	14		Sec. 223.2001. DEFINITION. [(b)] In this subchapter,
16	15		"comprehensive development agreement" means an agreement that, at a
17	16		minimum, provides for the design and construction, reconstruction,
18	17		rehabilitation, expansion, or improvement of a project described in
19	18		Section 223.201(a) [Subsection (a)] and may also provide for the
20	19		financing, acquisition, maintenance, or operation of a project
21	20		described in that section [Subsection (a)].
22	21		SECTION 2. Subchapter E, Chapter 223, Transportation Code,
23	22		is amended by adding Section 223.2002 to read as follows:
24	23		Sec. 223.2002. LIMITATION. The department may enter into a
25		-	comprehensive development agreement only for specific projects
26		-	authorized under this subchapter.
27		-	SECTION 3. Section 223.201(f), Transportation Code, is
28		-	amended to read as follows:
	24	+	comprehensive development agreement only:
	25	+	(1) for specific projects authorized under this
	26	+	subchapter; or
	27	+	(2) as provided by Subchapter F.
	28	+	SECTION 3. Sections 223.201(f) and (g), Transportation
	29	+	Code, are amended to read as follows:
29	30		(f) The department may enter into a comprehensive
30	31		development agreement [only] for all or part of[:
31	32		[(1)] the State Highway 99 (Grand Parkway) project[;
32	33		[(2) the Interstate Highway 35E managed lanes project
33	34		in Dallas and Denton Counties from Interstate Highway 635 to U.S.
34	35		Highway 380;
35	36		[(3) the Interstate Highway 35W project in Tarrant
36	37		County from Interstate Highway 30 to State Highway 114;
37	38		[(4) the State Highway 183 managed lanes project in
38	39		Tarrant and Dallas Counties from State Highway 121 to Interstate
39	40		Highway 35E;
40	41		[(5) the Interstate Highway 35E/U.S. Highway 67
41	42		Southern Gateway project in Dallas County, including:
42	43		[(A) Interstate Highway 35E from 8th Street to
43	44		Interstate Highway 20; and
44	45		[(B) U.S. Highway 67 from Interstate Highway 35E
45	46		to Farm-to-Market Road 1382 (Belt Line Road);
46	47		[(6) the State Highway 288 project from U.S. Highway
47	48		59 to south of State Highway 6 in Brazoria County and Harris County;
48	49		[(7) the U.S. Highway 290 managed lanes project in
49	50		Harris County from Interstate Highway 610 to State Highway 99;
50	51		[(8) the Interstate Highway 820 project from State
51	52		Highway 183 to Randol Mill Road;
52	53		[(9) the State Highway 114 project in Dallas County
53	54		from State Highway 121 to State Highway 183;
54	55		[(10) the Loop 12 project in Dallas County from State
55	56		Highway 183 to Interstate Highway 35E;
56	57		[(11) the Loop 9 project in Dallas and Ellis Counties
57	58		from Interstate Highway 20 to U.S. Highway 67; and
58	59		[(12) the U.S. Highway 181 Harbor Bridge project in
59	60		Nueces County between U.S. Highway 181 at Beach Avenue and
60	61		Interstate Highway 37].
	62	+	(g) The department may combine in a comprehensive
	63	+	development agreement under this subchapter:
	64	+	(1) a toll project and a rail facility as defined by
	65	+	Section 91.001; or
	66	+	(2) two or more projects for which the department is
	67	+	authorized under this subchapter to enter into a comprehensive
	68	+	development agreement [described by Subsection (f)].
61	69		SECTION 4. Section 223.2012(a), Transportation Code, is
62	70		amended to read as follows:
63	71		(a) In this section, the North Tarrant Express project is
64	72		the project on Interstate Highway 35W in Tarrant County from
65	73		Interstate Highway 30 to State Highway 114 that was [described by
66	74		Section 223.201(f)(3)] entered into on June 23, 2009.
67	75		SECTION 5. Subchapter E, Chapter 223, Transportation Code,
68	76		is amended by adding Section 223.2014 to read as follows:
69	77		Sec. 223.2014. AUTHORIZED PROJECTS. (a) The department
70	78		may enter into a comprehensive development agreement for:
71		-	(1) the Interstate Highway 45 North project in Harris
	79	+	(1) the Interstate Highway 35 project in Travis and
	80	+	Williamson Counties from Ranch-to-Market Road 1431 to State Highway
	81	+	45 Southeast;
	82	+	(2) the Interstate Highway 45 North project in Harris
72	83		County from Beltway 8 to Interstate Highway 10;
73		-	(2) the Hempstead Managed Tollway project in Harris
	84	+	(3) the Hempstead Managed Tollway project in Harris
74	85		County from State Highway 99 to the Interstate Highway
75	86		610/Interstate Highway 10 interchange;
76		-	(3) the Interstate Highway 30 project in Tarrant
	87	+	(4) the Interstate Highway 30 project in Tarrant
77	88		County from Interstate Highway 35W to east of Fielder Road;
78		-	(4) the Interstate Highway 35E project in Dallas and
	89	+	(5) the Interstate Highway 635 East project in Dallas
	90	+	County from U.S. Highway 75 to Interstate Highway 30;
	91	+	(6) the Interstate Highway 35E project in Dallas and
79	92		Denton Counties from Interstate Highway 635 to U.S. Highway 380;
80	93		and
81		-	(5) a project listed under Section 370.3051.
82		-	(b) The department may combine in a comprehensive
83		-	development agreement:
84		-	(1) two or more projects authorized in this section;
85		-	or
86		-	(2) a project authorized in this section and a
87		-	facility under Chapter 91.
88		-	(c) This section expires August 31, 2029.
89		-	SECTION 6. Section 223.202, Transportation Code, is amended
90		-	to read as follows:
91		-	Sec. 223.202. LIMITATION ON [DEPARTMENT] FINANCIAL
92		-	PARTICIPATION. (a) The [amount of money disbursed by the]
93		-	department may not disburse money from the state highway fund or
94		-	[and] the Texas mobility fund [during a federal fiscal year] to pay
95		-	all or part of the actual cost of construction for a project
96		-	developed [the costs] under a comprehensive development agreement
97		-	[agreements may not exceed 40 percent of the obligation authority
98		-	under the federal-aid highway program that is distributed to this
99		-	state for that fiscal year].
100		-	(b) This section does not preclude the expenditure of funds
101		-	by the department, or the disbursement of funds by the department to
102		-	another governmental entity, for activities related to a project
103		-	ultimately developed under a comprehensive development agreement,
104		-	including:
105		-	(1) environmental review;
106		-	(2) right-of-way acquisition;
107		-	(3) traffic estimates;
108		-	(4) preliminary engineering;
109		-	(5) feasibility studies; and
110		-	(6) necessary or incidental administrative, legal,
111		-	and other expenses.
112		-	SECTION 7. Section 223.208, Transportation Code, is amended
113		-	by adding Subsection (i) to read as follows:
114		-	(i) Notwithstanding Subsection (h), a comprehensive
115		-	development agreement entered into on or before March 22, 2007, for
116		-	State Highway 130 from U.S. Highway 183 to Interstate Highway 10
117		-	(Segments 5 and 6) may be amended at the discretion of the
118		-	department to extend the duration of the agreement and other
119		-	agreement terms if the amendment outlines the financial and other
120		-	benefits the state will receive from each amendment. The amendment
121		-	must require the private participant to:
122		-	(1) design, finance, and cause to be constructed a
123		-	non-tolled connector between Interstate Highway 35 and State
124		-	Highway 130 that will be owned by the state; and
125		-	(2) competitively procure the construction of the
126		-	connector described in Subdivision (1).
127		-	SECTION 8. Section 370.305(c), Transportation Code, is
	94	+	(7) a project listed under Section 370.3051.
	95	+	(b) This section expires August 31, 2029.
	96	+	SECTION 6. Section 370.305(c), Transportation Code, is
128	97		amended to read as follows:
129	98		(c) An authority may enter into a comprehensive development
130		-	agreement only for specific projects authorized under this
131		-	subchapter [Except as provided by this chapter, an authority's
132		-	authority to enter into a comprehensive development agreement
133		-	expires on August 31, 2011].
134		-	SECTION 9. Subchapter G, Chapter 370, Transportation Code,
	99	+	agreement only:
	100	+	(1) for specific projects authorized under this
	101	+	subchapter; or
	102	+	(2) as provided by Subchapter K [Except as provided by
	103	+	this chapter, an authority's authority to enter into a
	104	+	comprehensive development agreement expires on August 31, 2011].
	105	+	SECTION 7. Subchapter G, Chapter 370, Transportation Code,
135	106		is amended by adding Section 370.3051 to read as follows:
136	107		Sec. 370.3051. AUTHORIZED PROJECTS FOR COMPREHENSIVE
137	108		DEVELOPMENT AGREEMENTS. (a) A regional mobility authority may
138	109		enter into a comprehensive development agreement for:
139	110		(1) the Interstate Highway 35 Northeast Expansion
140	111		project, from Loop 410 South in Bexar County to Farm-to-Market Road
141	112		1103 in Comal County;
142	113		(2) the Loop 1604 project in Bexar County;
143	114		(3) the Outer Parkway project in Cameron County from
144	115		U.S. Highway 77 to Farm-to-Market Road 1847;
145	116		(4) the South Padre Island Second Access Causeway
146	117		project in Cameron County from State Highway 100 to Park Road 100;
147	118		(5) the Farm-to-Market 1925 project from U.S. Highway
148	119		281 in Hidalgo County to U.S. Highway 77 in Cameron County;
149	120		(6) the Hidalgo County Loop project;
150	121		(7) the International Bridge Trade Corridor project in
151	122		Hidalgo County;
152		-	(8) the State Highway 68 project in Hidalgo County;
153		-	(9) the Interstate Highway 35 project in Travis and
154		-	Williamson Counties from Ranch-to-Market Road 1431 to State Highway
155		-	45 Southeast;
156		-	(10) the Loop 1 South project in Travis County from
	123	+	(8) the U.S. Highway 83 La Joya Relief Route project in
	124	+	Hidalgo County;
	125	+	(9) the State Highway 68 project in Hidalgo County;
	126	+	(10) the U.S. Highway 290 West project in Travis
	127	+	County from Loop 1 to Ranch-to-Market Road 1826 (Oak Hill Parkway);
	128	+	(11) the Loop 1 South project in Travis County from
157	129		Cesar Chavez Street to Slaughter Lane; and
158		-	(11) the Loop 49 project from State Highway 110 in
159		-	Smith County to U.S. Highway 259 in Gregg County (Segments 6 and 7).
	130	+	(12) the Loop 49 project:
	131	+	(A) in Smith County from Interstate Highway 20 to
	132	+	U.S. Highway 69 (Lindale Relief Route); and
	133	+	(B) from State Highway 110 in Smith County to
	134	+	U.S. Highway 259 in Gregg County (Segments 6 and 7).
160	135		(b) This section expires August 31, 2029.
161		-	SECTION 10. The following provisions of the Transportation
	136	+	SECTION 8. The following provisions of the Transportation
162	137		Code are repealed:
163		-	(1) Sections 223.201(g), (i), (j), (k), (l), and (m);
164		-	and
	138	+	(1) Sections 223.201(i), (j), (k), (l), and (m); and
165	139		(2) Section 223.2011.
166		-	SECTION 11. This Act takes effect September 1, 2019.
	140	+	SECTION 9. This Act takes effect September 1, 2019.