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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the allocation of money associated with delays of |
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| 7 | 7 | | transportation projects. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter A, Chapter 222, Transportation Code, |
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| 10 | 10 | | is amended by adding Section 222.007 to read as follows: |
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| 11 | 11 | | Sec. 222.007. ALLOCATION OF MONEY FROM TRANSPORTATION |
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| 12 | 12 | | PROJECT DELAYS. (a) The department shall establish a system to |
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| 13 | 13 | | track liquidated damages, including road user costs, retained by |
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| 14 | 14 | | the department associated with delayed transportation project |
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| 15 | 15 | | contracts. |
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| 16 | 16 | | (b) The system must allow the department to correlate the |
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| 17 | 17 | | liquidated damages with: |
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| 18 | 18 | | (1) the project that was the subject of the damages; |
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| 19 | 19 | | and |
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| 20 | 20 | | (2) each department district in which the project that |
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| 21 | 21 | | was the subject of the damages is located. |
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| 22 | 22 | | (c) Each year, the department shall: |
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| 23 | 23 | | (1) for each department district, determine the amount |
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| 24 | 24 | | of money described by Subsection (a) retained in the previous year |
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| 25 | 25 | | that is attributable to projects located in the district; and |
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| 26 | 26 | | (2) in addition to other amounts, allocate to each |
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| 27 | 27 | | department district an amount of money equal to the amount |
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| 28 | 28 | | determined for the district under Subdivision (1) to be used for |
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| 29 | 29 | | transportation projects located in that district. |
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| 30 | 30 | | (d) If a transportation project that was the subject of |
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| 31 | 31 | | liquidated damages is located in more than one department district, |
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| 32 | 32 | | the department may reasonably allocate the amount of the liquidated |
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| 33 | 33 | | damages from that project among the districts in which the project |
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| 34 | 34 | | is located. |
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| 35 | 35 | | SECTION 2. This Act takes effect September 1, 2019. |
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