Texas 2019 - 86th Regular

Texas Senate Bill SB1712 Compare Versions

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

Old	New	Differences
1	1	86R12908 JTS-D
2	2	By: Lucio S.B. No. 1712
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of the Texas Department of Transportation
8	8	and a regional mobility authority to enter into a comprehensive
9	9	development agreement for a project in Hidalgo and Cameron
10	10	Counties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 223.201(b), Transportation Code, is
13	13	redesignated as Section 223.2001, Transportation Code, and amended
14	14	to read as follows:
15	15	Sec. 223.2001. DEFINITION. [(b)] In this subchapter,
16	16	"comprehensive development agreement" means an agreement that, at a
17	17	minimum, provides for the design and construction, reconstruction,
18	18	rehabilitation, expansion, or improvement of a project described in
19	19	Section 223.201(a) [Subsection (a)] and may also provide for the
20	20	financing, acquisition, maintenance, or operation of a project
21	21	described in that section [Subsection (a)].
22	22	SECTION 2. Subchapter E, Chapter 223, Transportation Code,
23	23	is amended by adding Section 223.2002 to read as follows:
24	24	Sec. 223.2002. LIMITATION. The department may enter into a
25	25	comprehensive development agreement only:
26	26	(1) for specific projects authorized under this
27	27	subchapter; or
28	28	(2) as provided by Subchapter F.
29	29	SECTION 3. Sections 223.201(f), (g), and (j),
30	30	Transportation Code, are amended to read as follows:
31	31	(f) The department may enter into a comprehensive
32	32	development agreement [only] for all or part of[:
33	33	[(1)] the State Highway 99 (Grand Parkway) project[;
34	34	[(2) the Interstate Highway 35E managed lanes project
35	35	in Dallas and Denton Counties from Interstate Highway 635 to U.S.
36	36	Highway 380;
37	37	[(3) the Interstate Highway 35W project in Tarrant
38	38	County from Interstate Highway 30 to State Highway 114;
39	39	[(4) the State Highway 183 managed lanes project in
40	40	Tarrant and Dallas Counties from State Highway 121 to Interstate
41	41	Highway 35E;
42	42	[(5) the Interstate Highway 35E/U.S. Highway 67
43	43	Southern Gateway project in Dallas County, including:
44	44	[(A) Interstate Highway 35E from 8th Street to
45	45	Interstate Highway 20; and
46	46	[(B) U.S. Highway 67 from Interstate Highway 35E
47	47	to Farm-to-Market Road 1382 (Belt Line Road);
48	48	[(6) the State Highway 288 project from U.S. Highway
49	49	59 to south of State Highway 6 in Brazoria County and Harris County;
50	50	[(7) the U.S. Highway 290 managed lanes project in
51	51	Harris County from Interstate Highway 610 to State Highway 99;
52	52	[(8) the Interstate Highway 820 project from State
53	53	Highway 183 to Randol Mill Road;
54	54	[(9) the State Highway 114 project in Dallas County
55	55	from State Highway 121 to State Highway 183;
56	56	[(10) the Loop 12 project in Dallas County from State
57	57	Highway 183 to Interstate Highway 35E;
58	58	[(11) the Loop 9 project in Dallas and Ellis Counties
59	59	from Interstate Highway 20 to U.S. Highway 67; and
60	60	[(12) the U.S. Highway 181 Harbor Bridge project in
61	61	Nueces County between U.S. Highway 181 at Beach Avenue and
62	62	Interstate Highway 37].
63	63	(g) The department may combine in a comprehensive
64	64	development agreement under this subchapter:
65	65	(1) a toll project and a rail facility as defined by
66	66	Section 91.001; or
67	67	(2) two or more projects for which the department is
68	68	authorized under this subchapter to enter into a comprehensive
69	69	development agreement [described by Subsection (f)].
70	70	(j) Before the department may enter into a comprehensive
71	71	development agreement [under Subsection (f)], the department must:
72	72	(1) for a project other than the State Highway 99
73	73	(Grand Parkway) project, obtain[, not later than August 31, 2017,]
74	74	the appropriate environmental clearance:
75	75	(A) for the project; or
76	76	(B) for the initial or base scope of the project
77	77	if the project agreement provides for the phased construction of
78	78	the project; and
79	79	(2) present to the commission a full financial plan
80	80	for the project, including costing methodology and cost proposals.
81	81	SECTION 4. Section 223.2012(a), Transportation Code, is
82	82	amended to read as follows:
83	83	(a) In this section, the North Tarrant Express project is
84	84	the project on Interstate Highway 35W in Tarrant County from
85	85	Interstate Highway 30 to State Highway 114 that was [described by
86	86	Section 223.201(f)(3)] entered into on June 23, 2009.
87	87	SECTION 5. Subchapter E, Chapter 223, Transportation Code,
88	88	is amended by adding Section 223.2014 to read as follows:
89	89	Sec. 223.2014. AUTHORIZED PROJECTS; EXPIRATION. (a) The
90	90	department may enter into a comprehensive development agreement for
91	91	a project listed under Section 370.3051.
92	92	(b) This section expires August 31, 2025.
93	93	SECTION 6. Section 370.305, Transportation Code, is amended
94	94	by amending Subsection (c) and adding Subsections (d), (e), and (f)
95	95	to read as follows:
96	96	(c) An authority may enter into a comprehensive development
97	97	agreement only:
98	98	(1) for specific projects authorized under this
99	99	subchapter; or
100	100	(2) as provided by Subchapter K [Except as provided by
101	101	this chapter, an authority's authority to enter into a
102	102	comprehensive development agreement expires on August 31, 2011].
103	103	(d) Before an authority may enter into a comprehensive
104	104	development agreement, the authority must:
105	105	(1) obtain the appropriate environmental clearance:
106	106	(A) for the project; or
107	107	(B) for the initial or base scope of the project
108	108	if the project agreement provides for the phased construction of
109	109	the project; and
110	110	(2) present to the commission a full financial plan
111	111	for the project, including costing methodology and cost proposals.
112	112	(e) In this section, "environmental clearance" means:
113	113	(1) a finding of no significant impact has been issued
114	114	for the project or, as applicable, for the initial or base scope of
115	115	the project; or
116	116	(2) for a project for which an environmental impact
117	117	statement is prepared, a record of decision has been issued for that
118	118	project or, as applicable, for the initial or base scope of the
119	119	project.
120	120	(f) The department may not provide any financial assistance
121	121	to an authority to pay for the costs of procuring a comprehensive
122	122	development agreement.
123	123	SECTION 7. Subchapter G, Chapter 370, Transportation Code,
124	124	is amended by adding Section 370.3051 to read as follows:
125	125	Sec. 370.3051. AUTHORIZED PROJECT FOR COMPREHENSIVE
126	126	DEVELOPMENT AGREEMENT; EXPIRATION. (a) A regional mobility
127	127	authority may enter into a comprehensive development agreement for
128	128	the Farm-to-Market 1925 project from U.S. Highway 281 in Hidalgo
129	129	County to U.S. Highway 77 in Cameron County.
130	130	(b) This section expires August 31, 2025.
131	131	SECTION 8. Section 228.104(a), Transportation Code, is
132	132	amended to read as follows:
133	133	(a) The principal of, interest on, and any redemption
134	134	premium on bonds issued by the commission under this subchapter are
135	135	payable solely from:
136	136	(1) the revenue of the toll project or system for which
137	137	the bonds are issued, including tolls pledged to pay the bonds;
138	138	(2) the proceeds of bonds issued for the project or
139	139	system;
140	140	(3) the amounts deposited in a debt service reserve
141	141	fund as required by the trust agreement securing bonds issued for
142	142	the project or system;
143	143	(4) amounts received under a credit agreement relating
144	144	to the project or system for which the bonds are issued;
145	145	(5) surplus revenue of another project or system as
146	146	authorized by Section 228.006; and
147	147	(6) amounts received by the department:
148	148	(A) as pass-through tolls under Section 222.104;
149	149	(B) under an agreement with a local governmental
150	150	entity entered into under Section 228.254;
151	151	(C) under other agreements with a local
152	152	governmental entity relating to the project or system for which the
153	153	bonds are issued; and
154	154	(D) under a comprehensive development agreement
155	155	entered into under Subchapter E, Chapter 223 [Section 223.201].
156	156	SECTION 9. The following provisions of the Transportation
157	157	Code are repealed:
158	158	(1) Sections 223.201(i), (k), and (m); and
159	159	(2) Section 223.2011.
160	160	SECTION 10. This Act takes effect September 1, 2019.