86R25685 MTB-F
By: Morrison, Landgraf, Nevárez, Craddick, H.B. No. 4280
King of Uvalde, et al.
Substitute the following for H.B. No. 4280:
By: Krause C.S.H.B. No. 4280
A BILL TO BE ENTITLED
AN ACT
relating to the grant program distributing money from the
transportation infrastructure fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 256.103, Transportation Code, is amended
by amending Subsections (a) and (b) and adding Subsection (a-1) to
read as follows:
(a) The department shall develop policies and procedures to
administer a grant program under this subchapter to make grants to
counties only for transportation infrastructure projects located
in areas of the state affected by increased oil and gas
production. The department may adopt rules to implement this
subchapter.
(a-1) A county is eligible for a grant under this subchapter
if at least $10 million in oil and gas production taxes were
collected in the county in the fiscal year preceding the fiscal year
in which the county applies for a grant, as determined by the
comptroller.
(b) Grants distributed during a fiscal year must be
allocated among counties as follows:
(1) 10 [20] percent according to weight tolerance
permits, determined by the ratio of weight tolerance permits issued
in the preceding fiscal year for the county to the total number of
weight tolerance permits issued in the state in that fiscal year, as
determined by the Texas Department of Motor Vehicles;
(2) 20 percent according to oil and gas production
taxes, determined by the ratio of oil and gas production taxes
collected by the comptroller in the preceding fiscal year in the
county to the total amount of oil and gas production taxes collected
in the state in that fiscal year, as determined by the comptroller;
(3) 45 [50] percent according to horizontal well
completions, determined by the ratio of horizontal well completions
in the preceding fiscal year in the county to the total number of
horizontal well completions in the state in that fiscal year, as
determined by the Railroad Commission of Texas; [and]
(4) 10 percent according to the volume of oil and gas
waste injected, determined by the ratio of the volume of oil and gas
waste injected in the preceding fiscal year in the county to the
total volume of oil and gas waste injected in the state in that
fiscal year, as determined by the Railroad Commission of Texas; and
(5) 15 percent according to vertical well completions,
determined by the ratio of vertical well completions in the
preceding fiscal year in the county to the total number of vertical
well completions in the state in that fiscal year, as determined by
the Railroad Commission of Texas.
SECTION 2. Section 256.104(a), Transportation Code, is
amended to read as follows:
(a) In applying for a grant under this subchapter, the
county shall:
(1) provide the road condition report described by
Section 251.018 made by the county for the previous year; and
(2) submit to the department a plan that:
(A) provides a list of transportation
infrastructure projects to be funded by the grant;
(B) describes the scope of the transportation
infrastructure project or projects to be funded by the grant using
best practices for prioritizing the projects; and
(C) [provides for matching funds as required by
Section 256.105; and
[(D)] meets any other requirements imposed by the
department.
SECTION 3. Subchapter C, Chapter 256, Transportation Code,
is amended by adding Sections 256.107 and 256.108 to read as
follows:
Sec. 256.107. COMPETITIVE BIDDING REQUIRED FOR CONTRACTS
FUNDED BY GRANTS. (a) Except as otherwise provided by law, a county
that enters into a contract for a transportation infrastructure
project that involves construction or maintenance of roads and is
funded by a grant under this subchapter shall:
(1) advertise for bids for the contract in a manner
prescribed by law;
(2) receive competitive bids for the contract,
publicly open the bids, and read aloud the names of the bidders and
their bids; and
(3) award the contract to the lowest responsible
bidder.
(b) In advertising for bids under Subsection (a), a county
shall prepare a request for competitive bids that includes
construction documents, estimated budget, project scope, estimated
project completion date, and other information that a bidder may
require to submit a bid.
(c) Not later than the seventh day after the date a contract
described by Subsection (a) is awarded, the county that awarded the
contract shall document the basis of its selection and shall make
the evaluations public.
Sec. 256.108. PERIOD FOR SPENDING GRANT. A grant awarded
under this subchapter must be spent not later than the fifth
anniversary of the date of the award.
SECTION 4. Section 256.105, Transportation Code, is
repealed.
SECTION 5. Section 256.107, Transportation Code, as added
by this Act, applies only to a contract entered into on or after the
effective date of this Act. A contract entered into before the
effective date of this Act is governed by the law in effect on the
date the contract was entered into, and the former law is continued
in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2019.