Texas 2019 - 86th Regular

Texas Senate Bill SB2260 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R14007 MTB-F
1	2		By: Flores S.B. No. 2260
2		-	(In the Senate - Filed March 8, 2019; March 21, 2019, read
3		-	first time and referred to Committee on Transportation;
4		-	April 24, 2019, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 9, Nays 0; April 24, 2019,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 2260 By: Hancock
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to the grant program distributing money from the
14	8		transportation infrastructure fund.
15	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16		-	SECTION 1. Section 256.103, Transportation Code, is amended
17		-	by amending Subsections (a) and (b) and adding Subsection (a-1) to
18		-	read as follows:
19		-	(a) The department shall develop policies and procedures to
20		-	administer a grant program under this subchapter to make grants to
21		-	counties only for transportation infrastructure projects located
22		-	in areas of the state affected by increased oil and gas
23		-	production. The department may adopt rules to implement this
24		-	subchapter.
25		-	(a-1) A county is eligible for a grant under this subchapter
26		-	if at least $10 million in oil and gas production taxes were
27		-	collected in the county in the fiscal year preceding the fiscal year
28		-	in which the county applies for a grant, as determined by the
29		-	comptroller.
30		-	(b) Grants distributed during a fiscal year must be
31		-	allocated among counties as follows:
32		-	(1) 10 [20] percent according to weight tolerance
33		-	permits, determined by the ratio of weight tolerance permits issued
34		-	in the preceding fiscal year for the county to the total number of
35		-	weight tolerance permits issued in the state in that fiscal year, as
36		-	determined by the Texas Department of Motor Vehicles;
37		-	(2) 20 percent according to oil and gas production
38		-	taxes, determined by the ratio of oil and gas production taxes
39		-	collected by the comptroller in the preceding fiscal year in the
40		-	county to the total amount of oil and gas production taxes collected
41		-	in the state in that fiscal year, as determined by the comptroller;
42		-	(3) 45 [50] percent according to horizontal well
43		-	completions, determined by the ratio of horizontal well completions
44		-	in the preceding fiscal year in the county to the total number of
45		-	horizontal well completions in the state in that fiscal year, as
46		-	determined by the Railroad Commission of Texas; [and]
47		-	(4) 10 percent according to the volume of oil and gas
48		-	waste injected, determined by the ratio of the volume of oil and gas
49		-	waste injected in the preceding fiscal year in the county to the
50		-	total volume of oil and gas waste injected in the state in that
51		-	fiscal year, as determined by the Railroad Commission of Texas; and
52		-	(5) 15 percent according to vertical well completions,
53		-	determined by the ratio of vertical well completions in the
54		-	preceding fiscal year in the county to the total number of vertical
55		-	well completions in the state in that fiscal year, as determined by
56		-	the Railroad Commission of Texas.
57		-	SECTION 2. Section 256.104(a), Transportation Code, is
	10	+	SECTION 1. Section 256.105(a), Transportation Code, is
58	11		amended to read as follows:
59		-	(a) In applying for a grant under this subchapter, the
60		-	county shall:
61		-	(1) provide the road condition report described by
62		-	Section 251.018 made by the county for the previous year; and
63		-	(2) submit to the department a plan that:
64		-	(A) provides a list of transportation
65		-	infrastructure projects to be funded by the grant;
66		-	(B) describes the scope of the transportation
67		-	infrastructure project or projects to be funded by the grant using
68		-	best practices for prioritizing the projects; and
69		-	(C) [provides for matching funds as required by
70		-	Section 256.105; and
71		-	[(D)] meets any other requirements imposed by the
72		-	department.
73		-	SECTION 3. Subchapter C, Chapter 256, Transportation Code,
74		-	is amended by adding Sections 256.107 and 256.108 to read as
75		-	follows:
76		-	Sec. 256.107. COMPETITIVE BIDDING REQUIRED FOR CONTRACTS
77		-	FUNDED BY GRANTS. (a) Except as otherwise provided by law, a county
78		-	that enters into a contract for a transportation infrastructure
79		-	project that involves construction or maintenance of roads and is
80		-	funded by a grant under this subchapter shall:
81		-	(1) advertise for bids for the contract in a manner
82		-	prescribed by law;
83		-	(2) receive competitive bids for the contract,
84		-	publicly open the bids, and read aloud the names of the bidders and
85		-	their bids; and
86		-	(3) award the contract to the lowest responsible
87		-	bidder.
88		-	(b) In advertising for bids under Subsection (a), a county
89		-	shall prepare a request for competitive bids that includes
90		-	construction documents, estimated budget, project scope, estimated
91		-	project completion date, and other information that a bidder may
92		-	require to submit a bid.
93		-	(c) Not later than the seventh day after the date a contract
94		-	described by Subsection (a) is awarded, the county that awarded the
95		-	contract shall document the basis of its selection and shall make
96		-	the evaluations public.
97		-	Sec. 256.108. PERIOD FOR SPENDING GRANT. A grant awarded
98		-	under this subchapter must be spent not later than the fifth
99		-	anniversary of the date of the award.
100		-	SECTION 4. Section 256.105, Transportation Code, is
101		-	repealed.
102		-	SECTION 5. Section 256.107, Transportation Code, as added
103		-	by this Act, applies only to a contract entered into on or after the
104		-	effective date of this Act. A contract entered into before the
105		-	effective date of this Act is governed by the law in effect on the
106		-	date the contract was entered into, and the former law is continued
107		-	in effect for that purpose.
108		-	SECTION 6. This Act takes effect September 1, 2019.
109		-	* * * * *
	12	+	(a) Except as provided by Subsection (b), to be eligible to
	13	+	receive a grant under the program, matching funds must be provided,
	14	+	from any source, including in-kind contributions, in an amount
	15	+	equal to at least 20 percent of the amount of the grant.
	16	+	SECTION 2. Section 256.106(b), Transportation Code, is
	17	+	amended to read as follows:
	18	+	(b) The department may use one-half of one percent of the
	19	+	amount deposited into the fund in the preceding or current fiscal
	20	+	year, not to exceed $500,000 in a state fiscal biennium, to
	21	+	administer this subchapter.
	22	+	SECTION 3. This Act takes effect September 1, 2019.