86R12908 JTS-D
By: Lucio S.B. No. 1712
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Texas Department of Transportation
and a regional mobility authority to enter into a comprehensive
development agreement for a project in Hidalgo and Cameron
Counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 223.201(b), Transportation Code, is
redesignated as Section 223.2001, Transportation Code, and amended
to read as follows:
Sec. 223.2001. DEFINITION. [(b)] In this subchapter,
"comprehensive development agreement" means an agreement that, at a
minimum, provides for the design and construction, reconstruction,
rehabilitation, expansion, or improvement of a project described in
Section 223.201(a) [Subsection (a)] and may also provide for the
financing, acquisition, maintenance, or operation of a project
described in that section [Subsection (a)].
SECTION 2. Subchapter E, Chapter 223, Transportation Code,
is amended by adding Section 223.2002 to read as follows:
Sec. 223.2002. LIMITATION. The department may enter into a
comprehensive development agreement only:
(1) for specific projects authorized under this
subchapter; or
(2) as provided by Subchapter F.
SECTION 3. Sections 223.201(f), (g), and (j),
Transportation Code, are amended to read as follows:
(f) The department may enter into a comprehensive
development agreement [only] for all or part of[:
[(1)] the State Highway 99 (Grand Parkway) project[;
[(2) the Interstate Highway 35E managed lanes project
in Dallas and Denton Counties from Interstate Highway 635 to U.S.
Highway 380;
[(3) the Interstate Highway 35W project in Tarrant
County from Interstate Highway 30 to State Highway 114;
[(4) the State Highway 183 managed lanes project in
Tarrant and Dallas Counties from State Highway 121 to Interstate
Highway 35E;
[(5) the Interstate Highway 35E/U.S. Highway 67
Southern Gateway project in Dallas County, including:
[(A) Interstate Highway 35E from 8th Street to
Interstate Highway 20; and
[(B) U.S. Highway 67 from Interstate Highway 35E
to Farm-to-Market Road 1382 (Belt Line Road);
[(6) the State Highway 288 project from U.S. Highway
59 to south of State Highway 6 in Brazoria County and Harris County;
[(7) the U.S. Highway 290 managed lanes project in
Harris County from Interstate Highway 610 to State Highway 99;
[(8) the Interstate Highway 820 project from State
Highway 183 to Randol Mill Road;
[(9) the State Highway 114 project in Dallas County
from State Highway 121 to State Highway 183;
[(10) the Loop 12 project in Dallas County from State
Highway 183 to Interstate Highway 35E;
[(11) the Loop 9 project in Dallas and Ellis Counties
from Interstate Highway 20 to U.S. Highway 67; and
[(12) the U.S. Highway 181 Harbor Bridge project in
Nueces County between U.S. Highway 181 at Beach Avenue and
Interstate Highway 37].
(g) The department may combine in a comprehensive
development agreement under this subchapter:
(1) a toll project and a rail facility as defined by
Section 91.001; or
(2) two or more projects for which the department is
authorized under this subchapter to enter into a comprehensive
development agreement [described by Subsection (f)].
(j) Before the department may enter into a comprehensive
development agreement [under Subsection (f)], the department must:
(1) for a project other than the State Highway 99
(Grand Parkway) project, obtain[, not later than August 31, 2017,]
the appropriate environmental clearance:
(A) for the project; or
(B) for the initial or base scope of the project
if the project agreement provides for the phased construction of
the project; and
(2) present to the commission a full financial plan
for the project, including costing methodology and cost proposals.
SECTION 4. Section 223.2012(a), Transportation Code, is
amended to read as follows:
(a) In this section, the North Tarrant Express project is
the project on Interstate Highway 35W in Tarrant County from
Interstate Highway 30 to State Highway 114 that was [described by
Section 223.201(f)(3)] entered into on June 23, 2009.
SECTION 5. Subchapter E, Chapter 223, Transportation Code,
is amended by adding Section 223.2014 to read as follows:
Sec. 223.2014. AUTHORIZED PROJECTS; EXPIRATION. (a) The
department may enter into a comprehensive development agreement for
a project listed under Section 370.3051.
(b) This section expires August 31, 2025.
SECTION 6. Section 370.305, Transportation Code, is amended
by amending Subsection (c) and adding Subsections (d), (e), and (f)
to read as follows:
(c) An authority may enter into a comprehensive development
agreement only:
(1) for specific projects authorized under this
subchapter; or
(2) as provided by Subchapter K [Except as provided by
this chapter, an authority's authority to enter into a
comprehensive development agreement expires on August 31, 2011].
(d) Before an authority may enter into a comprehensive
development agreement, the authority must:
(1) obtain the appropriate environmental clearance:
(A) for the project; or
(B) for the initial or base scope of the project
if the project agreement provides for the phased construction of
the project; and
(2) present to the commission a full financial plan
for the project, including costing methodology and cost proposals.
(e) In this section, "environmental clearance" means:
(1) a finding of no significant impact has been issued
for the project or, as applicable, for the initial or base scope of
the project; or
(2) for a project for which an environmental impact
statement is prepared, a record of decision has been issued for that
project or, as applicable, for the initial or base scope of the
project.
(f) The department may not provide any financial assistance
to an authority to pay for the costs of procuring a comprehensive
development agreement.
SECTION 7. Subchapter G, Chapter 370, Transportation Code,
is amended by adding Section 370.3051 to read as follows:
Sec. 370.3051. AUTHORIZED PROJECT FOR COMPREHENSIVE
DEVELOPMENT AGREEMENT; EXPIRATION. (a) A regional mobility
authority may enter into a comprehensive development agreement for
the Farm-to-Market 1925 project from U.S. Highway 281 in Hidalgo
County to U.S. Highway 77 in Cameron County.
(b) This section expires August 31, 2025.
SECTION 8. Section 228.104(a), Transportation Code, is
amended to read as follows:
(a) The principal of, interest on, and any redemption
premium on bonds issued by the commission under this subchapter are
payable solely from:
(1) the revenue of the toll project or system for which
the bonds are issued, including tolls pledged to pay the bonds;
(2) the proceeds of bonds issued for the project or
system;
(3) the amounts deposited in a debt service reserve
fund as required by the trust agreement securing bonds issued for
the project or system;
(4) amounts received under a credit agreement relating
to the project or system for which the bonds are issued;
(5) surplus revenue of another project or system as
authorized by Section 228.006; and
(6) amounts received by the department:
(A) as pass-through tolls under Section 222.104;
(B) under an agreement with a local governmental
entity entered into under Section 228.254;
(C) under other agreements with a local
governmental entity relating to the project or system for which the
bonds are issued; and
(D) under a comprehensive development agreement
entered into under Subchapter E, Chapter 223 [Section 223.201].
SECTION 9. The following provisions of the Transportation
Code are repealed:
(1) Sections 223.201(i), (k), and (m); and
(2) Section 223.2011.
SECTION 10. This Act takes effect September 1, 2019.