Texas 2019 - 86th Regular

Texas House Bill HB4280 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4280
	1	+	By: Morrison, et al. (Senate Sponsor - Flores) H.B. No. 4280
	2	+	(In the Senate - Received from the House May 8, 2019;
	3	+	May 10, 2019, read first time and referred to Committee on
	4	+	Transportation; May 13, 2019, reported favorably by the following
	5	+	vote: Yeas 8, Nays 0; May 13, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the grant program distributing money from the
6	12		transportation infrastructure fund.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Sections 256.103(a) and (b), Transportation
9	15		Code, are amended to read as follows:
10	16		(a) The department shall develop policies and procedures to
11	17		administer a grant program under this subchapter to make grants to
12	18		counties only for transportation infrastructure projects located
13	19		in areas of the state affected by increased oil and gas
14	20		production. The department may adopt rules to implement this
15	21		subchapter.
16	22		(b) Grants distributed during a fiscal year must be
17	23		allocated among counties as follows:
18	24		(1) 10 [20] percent according to weight tolerance
19	25		permits, determined by the ratio of weight tolerance permits issued
20	26		in the preceding fiscal year for the county to the total number of
21	27		weight tolerance permits issued in the state in that fiscal year, as
22	28		determined by the Texas Department of Motor Vehicles;
23	29		(2) 20 percent according to oil and gas production
24	30		taxes, determined by the ratio of oil and gas production taxes
25	31		collected by the comptroller in the preceding fiscal year in the
26	32		county to the total amount of oil and gas production taxes collected
27	33		in the state in that fiscal year, as determined by the comptroller;
28	34		(3) 45 [50] percent according to horizontal well
29	35		completions, determined by the ratio of horizontal well completions
30	36		in the preceding fiscal year in the county to the total number of
31	37		horizontal well completions in the state in that fiscal year, as
32	38		determined by the Railroad Commission of Texas; [and]
33	39		(4) 10 percent according to the volume of oil and gas
34	40		waste injected, determined by the ratio of the volume of oil and gas
35	41		waste injected in the preceding fiscal year in the county to the
36	42		total volume of oil and gas waste injected in the state in that
37	43		fiscal year, as determined by the Railroad Commission of Texas; and
38	44		(5) 15 percent according to vertical well completions,
39	45		determined by the ratio of vertical well completions in the
40	46		preceding fiscal year in the county to the total number of vertical
41	47		well completions in the state in that fiscal year, as determined by
42	48		the Railroad Commission of Texas.
43		-	SECTION 2. Subchapter C, Chapter 256, Transportation Code,
	49	+	SECTION 2. Section 256.104(a), Transportation Code, is
	50	+	amended to read as follows:
	51	+	(a) In applying for a grant under this subchapter, the
	52	+	county shall:
	53	+	(1) provide the road condition report described by
	54	+	Section 251.018 made by the county for the previous year; and
	55	+	(2) submit to the department a plan that:
	56	+	(A) provides a list of transportation
	57	+	infrastructure projects to be funded by the grant;
	58	+	(B) describes the scope of the transportation
	59	+	infrastructure project or projects to be funded by the grant using
	60	+	best practices for prioritizing the projects; and
	61	+	(C) [provides for matching funds as required by
	62	+	Section 256.105; and
	63	+	[(D)] meets any other requirements imposed by the
	64	+	department.
	65	+	SECTION 3. Subchapter C, Chapter 256, Transportation Code,
44	66		is amended by adding Sections 256.107 and 256.108 to read as
45	67		follows:
46	68		Sec. 256.107. COMPETITIVE BIDDING REQUIRED FOR CONTRACTS
47	69		FUNDED BY GRANTS. (a) Except as otherwise provided by law, a county
48	70		that enters into a contract for a transportation infrastructure
49	71		project that involves construction or maintenance of roads and is
50	72		funded by a grant under this subchapter shall:
51	73		(1) advertise for bids for the contract in a manner
52	74		prescribed by law;
53	75		(2) receive competitive bids for the contract,
54	76		publicly open the bids, and read aloud the names of the bidders and
55	77		their bids; and
56	78		(3) award the contract to the lowest responsible
57	79		bidder.
58	80		(b) In advertising for bids under Subsection (a), a county
59	81		shall prepare a request for competitive bids that includes
60	82		construction documents, estimated budget, project scope, estimated
61	83		project completion date, and other information that a bidder may
62	84		require to submit a bid.
63	85		(c) Not later than the seventh day after the date a contract
64		-	described by Subsection (a) is awarde
65		-	d, the county that awarded the
	86	+	described by Subsection (a) is awarded, the county that awarded the
66	87		contract shall document the basis of its selection and shall make
67	88		the evaluations public.
68	89		Sec. 256.108. PERIOD FOR SPENDING GRANT. A grant awarded
69	90		under this subchapter must be spent not later than the fifth
70	91		anniversary of the date of the award.
71		-	SECTION 3. Section 256.107, Transportation Code, as added
	92	+	SECTION 4. Section 256.105, Transportation Code, is
	93	+	repealed.
	94	+	SECTION 5. Section 256.107, Transportation Code, as added
72	95		by this Act, applies only to a contract entered into on or after the
73	96		effective date of this Act. A contract entered into before the
74	97		effective date of this Act is governed by the law in effect on the
75	98		date the contract was entered into, and the former law is continued
76	99		in effect for that purpose.
77		-	SECTION 4. This Act takes effect September 1, 2019.
78		-	______________________________ ______________________________
79		-	President of the Senate Speaker of the House
80		-	I certify that H.B. No. 4280 was passed by the House on May 8,
81		-	2019, by the following vote: Yeas 146, Nays 0, 1 present, not
82		-	voting; and that the House concurred in Senate amendments to H.B.
83		-	No. 4280 on May 23, 2019, by the following vote: Yeas 142, Nays 0,
84		-	1 present, not voting.
85		-	______________________________
86		-	Chief Clerk of the House
87		-	I certify that H.B. No. 4280 was passed by the Senate, with
88		-	amendments, on May 20, 2019, by the following vote: Yeas 31, Nays
89		-	0.
90		-	______________________________
91		-	Secretary of the Senate
92		-	APPROVED: __________________
93		-	Date
94		-	__________________
95		-	Governor
	100	+	SECTION 6. This Act takes effect September 1, 2019.
	101	+	* * * * *