Texas 2019 - 86th Regular

Texas Senate Bill SB2002 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R13194 JAM-F
1	2		By: Alvarado S.B. No. 2002
2		-	(In the Senate - Filed March 7, 2019; March 21, 2019, read
3		-	first time and referred to Committee on Intergovernmental
4		-	Relations; April 25, 2019, reported adversely, with favorable
5		-	Committee Substitute by the following vote: Yeas 6, Nays 1;
6		-	April 25, 2019, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 2002 By: Alvarado
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to the inclusion of affordable housing as a qualifying
14	8		project for public-private partnerships.
15	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	10		SECTION 1. Section 2267.001(10), Government Code, is
17	11		amended to read as follows:
18	12		(10) "Qualifying project" means:
19	13		(A) any ferry, mass transit facility, vehicle
20	14		parking facility, port facility, power generation facility, fuel
21	15		supply facility, oil or gas pipeline, water supply facility, public
22	16		work, waste treatment facility, hospital, school, medical or
23	17		nursing care facility, recreational facility, affordable housing,
24	18		public building, technology facility, or other similar facility
25	19		currently available or to be made available to a governmental
26	20		entity for public use, including any structure, parking area,
27	21		appurtenance, and other property required to operate the structure
28	22		or facility and any technology infrastructure installed in the
29	23		structure or facility that is essential to the project's purpose;
30	24		or
31	25		(B) any improvements necessary or desirable to
32	26		real property owned by a governmental entity.
33	27		SECTION 2. Section 2267.002(a), Government Code, is amended
34	28		to read as follows:
35	29		(a) The legislature finds that:
36	30		(1) there is a public need for timely acquisition,
37	31		design, construction, improvement, renovation, expansion,
38	32		equipping, maintenance, operation, implementation, and
39	33		installation of education facilities, affordable housing,
40	34		technology and other public infrastructure, and government
41	35		facilities in this state that serve a public need and purpose;
42	36		(2) the public need may not be wholly satisfied by
43	37		existing methods of procurement in which qualifying projects are
44	38		acquired, designed, constructed, improved, renovated, expanded,
45	39		equipped, maintained, operated, implemented, or installed;
46	40		(3) there are inadequate resources to develop new
47	41		education facilities, affordable housing, technology and other
48	42		public infrastructure, and government facilities for the benefit of
49	43		the citizens of this state, and there is demonstrated evidence that
50	44		partnerships between public entities and private entities or other
51	45		persons can meet these needs by improving the schedule for
52	46		delivery, lowering the cost, and providing other benefits to the
53	47		public;
54	48		(4) financial incentives exist under state and federal
55	49		tax provisions that encourage public entities to enter into
56	50		partnerships with private entities or other persons to develop
57	51		qualifying projects; and
58	52		(5) authorizing private entities or other persons to
59	53		develop or operate one or more qualifying projects may serve the
60	54		public safety, benefit, and welfare by making the projects
61	55		available to the public in a more timely or less costly fashion.
62		-	SECTION 3. Section 2267.003, Government Code, is amended to
63		-	read as follows:
64		-	Sec. 2267.003. APPLICABILITY. (a) This chapter does not
65		-	apply to:
66		-	(1) the financing, design, construction, maintenance,
67		-	or operation of a highway in the state highway system;
68		-	(2) a transportation authority operating under
69		-	Chapter 451, 452, 453, or 460, Transportation Code, other than a
70		-	metropolitan rapid transit authority operating under Chapter 451,
71		-	Transportation Code, in which the principal municipality has a
72		-	population of 1.9 million or more;
73		-	(3) any telecommunications, cable television, video
74		-	service, or broadband infrastructure other than technology
75		-	installed as part of a qualifying project that is essential to the
76		-	project; or
77		-	(4) except as provided by Section 2165.259, a
78		-	qualifying project located in the Capitol Complex, as defined by
79		-	Section 443.0071.
80		-	(b) A qualifying project for affordable housing may be
81		-	developed or operated only in a county with a population of more
82		-	than 3.3 million.
83		-	SECTION 4. Section 2267.001(10), Government Code, as
	56	+	SECTION 3. Section 2267.001(10), Government Code, as
84	57		amended by this Act, applies only to a qualifying project for which
85	58		an agreement is entered into on or after the effective date of this
86	59		Act.
87		-	SECTION 5. This Act takes effect September 1, 2019.
88		-	* * * * *
	60	+	SECTION 4. This Act takes effect September 1, 2019.