Texas 2019 - 86th Regular

Texas House Bill HB3592 Compare Versions

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

Old	New	Differences
1	1	86R13542 AAF-D
2	2	By: Zwiener H.B. No. 3592
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to qualifying projects for public-private partnerships.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 2267.001(10), Government Code, is
10	10	amended to read as follows:
11	11	(10) "Qualifying project" means:
12	12	(A) any ferry, mass transit facility, vehicle
13	13	parking facility, port facility, power generation facility, fuel
14	14	supply facility, oil or gas pipeline, water supply facility, public
15	15	work, waste treatment facility, hospital, school, medical or
16	16	nursing care facility, recreational facility, public building,
17	17	technology facility, or other similar facility currently available
18	18	or to be made available to a governmental entity for public use,
19	19	including any structure, parking area, appurtenance, and other
20	20	property required to operate the structure or facility and any
21	21	technology infrastructure installed in the structure or facility
22	22	that is essential to the project's purpose; [or]
23	23	(B) any improvements necessary or desirable to
24	24	real property owned by a governmental entity; or
25	25	(C) any information technology infrastructure,
26	26	including broadband or telecommunications infrastructure,
27	27	installed in a structure or facility owned by a governmental
28	28	entity.
29	29	SECTION 2. Section 2267.003, Government Code, is amended to
30	30	read as follows:
31	31	Sec. 2267.003. APPLICABILITY. This chapter does not apply
32	32	to:
33	33	(1) the financing, design, construction, maintenance,
34	34	or operation of a highway in the state highway system;
35	35	(2) a transportation authority operating under
36	36	Chapter 451, 452, 453, or 460, Transportation Code, other than a
37	37	metropolitan rapid transit authority operating under Chapter 451,
38	38	Transportation Code, in which the principal municipality has a
39	39	population of 1.9 million or more; or
40	40	(3) [any telecommunications, cable television, video
41	41	service, or broadband infrastructure other than technology
42	42	installed as part of a qualifying project that is essential to the
43	43	project; or
44	44	[(4)] except as provided by Section 2165.259, a
45	45	qualifying project located in the Capitol Complex, as defined by
46	46	Section 443.0071.
47	47	SECTION 3. Subchapter A, Chapter 2267, Government Code, is
48	48	amended by adding Section 2267.0053 to read as follows:
49	49	Sec. 2267.0053. PROHIBITED ACTION BY GOVERNMENTAL ENTITY.
50	50	A governmental entity that approves as a qualifying project the
51	51	installation of information technology infrastructure and enters
52	52	into a contract for the development or operation of the qualifying
53	53	project may not compete with a private entity in providing
54	54	telecommunications services.
55	55	SECTION 4. Section 2267.001(10), Government Code, as
56	56	amended by this Act, applies only to a qualifying project for which
57	57	an agreement is entered into on or after the effective date of this
58	58	Act. A qualifying project for which an agreement was entered into
59	59	before the effective date of this Act is governed by the law as it
60	60	existed on the date the agreement was entered into, and the former
61	61	law is continued in effect for that purpose.
62	62	SECTION 5. This Act takes effect September 1, 2019.