Texas 2019 - 86th Regular

Texas House Bill HB4227 Compare Versions

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1	1	By: Israel H.B. No. 4227
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the authority of the Texas Department of Transportation
7	7	to enter into comprehensive development agreements.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter E, Chapter 223, Transportation Code,
10	10	is amended by adding Section 223.2014 to read as follows:
11	11	Sec. 223.2014. AUTHORIZED PROJECTS. (a) The department may
12	12	enter into a comprehensive development agreement for a project
13	13	described by Section 223.201(a)(1) or (2) if:
14	14	(1) the estimated capital costs for construction of
15	15	the project exceeds $1 billion; and
16	16	(2) the department demonstrates that state funding for
17	17	the project is not available without significant reprioritization
18	18	of existing funds that are designated for other highway improvement
19	19	projects.
20	20	(b) The department may enter into not more than one
21	21	comprehensive development agreement under this section during each
22	22	fiscal year.
23	23	SECTION 2. Section 223.201(b), Transportation Code, is
24	24	transferred to Subchapter E, Chapter 223, Transportation Code,
25	25	redesignated as Section 223.2001, Transportation Code, and amended
26	26	to read as follows:
27	27	Sec. 223.2001. DEFINITION. [(b)] In this subchapter,
28	28	"comprehensive development agreement" means an agreement that, at a
29	29	minimum, provides for the design and construction, reconstruction,
30	30	rehabilitation, expansion, or improvement of a project described in
31	31	Section 223.201(a) [Subsection (a)] and may also provide for the
32	32	financing, acquisition, maintenance, or operation of a project
33	33	described in that section [Subsection (a)].
34	34	SECTION 3. Subchapter E, Chapter 223, Transportation Code,
35	35	is amended by adding Section 223.2002 to read as follows:
36	36	Sec. 223.2002. LIMITATION. The department may enter into a
37	37	comprehensive development agreement only:
38	38	(1) for specific projects authorized under this
39	39	subchapter; or
40	40	(2) as provided by Subchapter F.
41	41	SECTION 4. Sections 223.201(f), (g), and (j),
42	42	Transportation Code, are amended to read as follows:
43	43	(f) The department may enter into a comprehensive
44	44	development agreement [only] for all or part of[:
45	45	[(1)] the State Highway 99 (Grand Parkway) project[;]
46	46	[(2) the Interstate Highway 35E managed lanes project
47	47	in Dallas and Denton Counties from Interstate Highway 635 to U.S.
48	48	Highway 380;
49	49	[(3) the Interstate Highway 35W project in Tarrant
50	50	County from Interstate Highway 30 to State Highway 114;
51	51	[(4) the State Highway 183 managed lanes project in
52	52	Tarrant and Dallas Counties from State Highway 121 to Interstate
53	53	Highway 35E;
54	54	[(5) the Interstate Highway 35E/U.S. Highway 67
55	55	Southern Gateway project in Dallas County, including:
56	56	[(A) Interstate Highway 35E from 8th Street to
57	57	Interstate Highway 20; and
58	58	[(B) U.S. Highway 67 from Interstate Highway 35E
59	59	to Farm-to-Market Road 1382 (Belt Line Road);
60	60	[(6) the State Highway 288 project from U.S. Highway 59
61	61	to south of State Highway 6 in Brazoria County and Harris County;
62	62	[(7) the U.S. Highway 290 managed lanes project in
63	63	Harris County from Interstate Highway 610 to State Highway 99;
64	64	[(8) the Interstate Highway 820 project from State
65	65	Highway 183 to Randol Mill Road;
66	66	[(9) the State Highway 114 project in Dallas County from
67	67	State Highway 121 to State Highway 183;
68	68	[(10) the Loop 12 project in Dallas County from State
69	69	Highway 183 to Interstate Highway 35E;
70	70	[(11) the Loop 9 project in Dallas and Ellis Counties
71	71	from Interstate Highway 20 to U.S. Highway 67; and
72	72	[(12) the U.S. Highway 181 Harbor Bridge project in
73	73	Nueces County between U.S. Highway 181 at Beach Avenue and
74	74	Interstate Highway 37].
75	75	(g) The department may combine in a comprehensive
76	76	development agreement under this subchapter:
77	77	(1) a toll project and a rail facility as defined by
78	78	Section 91.001; or
79	79	(2) two or more projects for which the department is
80	80	authorized under this subchapter to enter into a comprehensive
81	81	development agreement [described by Subsection (f)].
82	82	(j) Before the department may enter into a comprehensive
83	83	development agreement under this subchapter [Subsection (f)], the
84	84	department must:
85	85	(1) for a project other than the State Highway 99
86	86	(Grand Parkway) project, obtain[, not later than August 31, 2017,]
87	87	the appropriate environmental clearance:
88	88	(A) for the project; or
89	89	(B) for the initial or base scope of the project
90	90	if the project agreement provides for the phased construction of
91	91	the project; and
92	92	(2) present to the commission a full financial plan
93	93	for the project, including costing methodology and cost proposals.
94	94	SECTION 5. Section 223.2012(a), Transportation Code, is
95	95	amended to read as follows:
96	96	(a) In this section, the North Tarrant Express project is
97	97	the project on Interstate Highway 35W in Tarrant County from
98	98	Interstate Highway 30 to State Highway 114 that was [described by
99	99	Section 223.201(f)(3)] entered into on June 23, 2009.
100	100	SECTION 6. The following provisions of the Transportation
101	101	Code are repealed:
102	102	(1) Sections 223.201(i), (k), and (m); and
103	103	(2) Section 223.2011.
104	104	SECTION 7. This Act takes effect September 1, 2019.