87R10332 JAM-F
By: Martinez H.B. No. 3159
A BILL TO BE ENTITLED
AN ACT
relating to Texas Department of Transportation and regional
mobility authority comprehensive development agreements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 223.201(b), Transportation Code, is
transferred to Subchapter E, Chapter 223, Transportation Code,
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 Section 223.201(a) [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), (i), and (j),
Transportation Code, are amended to read as follows:
(f) The department may enter into a comprehensive
development agreement under this subchapter 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;
(13) the Interstate Highway 35 project in Travis and
Williamson Counties from State Highway 45 North to State Highway 45
Southeast;
(14) the Interstate Highway 45 North project in Harris
County from Beltway 8 to Interstate Highway 10;
(15) the Hempstead Managed Tollway project in Harris
County from State Highway 99 to the Interstate Highway
610/Interstate Highway 10 interchange;
(16) the Interstate Highway 30 project in Tarrant
County from Interstate Highway 35W to east of Fielder Road;
(17) the Interstate Highway 635 East project in Dallas
County from U.S. Highway 75 to Interstate Highway 30;
(18) the Interstate Highway 35E project in Dallas and
Denton Counties from Interstate Highway 635 to U.S. Highway 380;
and
(19) a project listed under Section 370.3051.
(i) The department's authority to enter into a
comprehensive development agreement expires:
(1) August 31, 2017, for a project described in
Subdivisions (1)-(12) of [by] Subsection (f), other than the State
Highway 99 (Grand Parkway) project and the State Highway 183
managed lanes project; [and]
(2) August 31, 2015, for the State Highway 183 managed
lanes project; and
(3) August 31, 2031, for a project described in
Subdivisions (13)-(19) of 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 370.305(c), Transportation Code, is
amended 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].
SECTION 5. Subchapter G, Chapter 370, Transportation Code,
is amended by adding Section 370.3051 to read as follows:
Sec. 370.3051. AUTHORIZED PROJECTS FOR COMPREHENSIVE
DEVELOPMENT AGREEMENTS; EXPIRATION. (a) A regional mobility
authority may enter into a comprehensive development agreement for:
(1) the Interstate Highway 35 Northeast Expansion
project, from Loop 410 South in Bexar County to Farm-to-Market Road
1103 in Comal County;
(2) the Loop 1604 project in Bexar County;
(3) the Outer Parkway project in Cameron County from
U.S. Highway 77 to Farm-to-Market Road 1847;
(4) the South Padre Island Second Access Causeway
project in Cameron County from State Highway 100 to Park Road 100;
(5) the Farm-to-Market 1925 project from U.S. Highway
281 in Hidalgo County to U.S. Highway 77 in Cameron County;
(6) the Hidalgo County Loop project;
(7) the International Bridge Trade Corridor project in
Hidalgo County;
(8) the State Highway 68 project in Hidalgo County;
(9) the U.S. Highway 290 West project in Travis County
from Loop 1 to Ranch-to-Market Road 1826 (Oak Hill Parkway);
(10) the Loop 1 South project in Travis County from
Cesar Chavez Street to Slaughter Lane; and
(11) the Loop 49 project:
(A) in Smith County from Interstate Highway 20 to
U.S. Highway 69 (Lindale Relief Route); and
(B) from State Highway 110 in Smith County to
U.S. Highway 259 in Gregg County (Segments 6 and 7).
(b) An authority's authority to enter into a comprehensive
development agreement for a project listed in Subsection (a)
expires August 31, 2031.
SECTION 6. The following provisions of the Transportation
Code are repealed:
(1) Sections 223.201(k) and (m); and
(2) Section 223.2011.
SECTION 7. The changes in law made by this Act do not
invalidate a comprehensive development agreement or facility
agreement entered into under Subchapter E, Chapter 223,
Transportation Code, before the effective date of this Act, and do
not limit the Texas Department of Transportation's continued
authority relating to those agreements. The prior law is continued
in effect for the limited purpose of continuing to govern those
agreements as applicable.
SECTION 8. This Act takes effect September 1, 2021.