1 | 1 | | 87R10333 JAM-F |
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2 | 2 | | By: Martinez H.B. No. 3160 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to Texas Department of Transportation and regional |
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8 | 8 | | mobility authority comprehensive development agreements. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 223.201(b), Transportation Code, is |
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11 | 11 | | redesignated as Section 223.2001, Transportation Code, and amended |
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12 | 12 | | to read as follows: |
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13 | 13 | | Sec. 223.2001. DEFINITION. [(b)] In this subchapter, |
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14 | 14 | | "comprehensive development agreement" means an agreement that, at a |
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15 | 15 | | minimum, provides for the design and construction, reconstruction, |
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16 | 16 | | rehabilitation, expansion, or improvement of a project described in |
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17 | 17 | | Section 223.201(a) [Subsection (a)] and may also provide for the |
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18 | 18 | | financing, acquisition, maintenance, or operation of a project |
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19 | 19 | | described in Section 223.201(a) [Subsection (a)]. |
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20 | 20 | | SECTION 2. Sections 223.201(f), (g), (i), and (j), |
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21 | 21 | | Transportation Code, are amended to read as follows: |
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22 | 22 | | (f) In addition to the projects described by Subsection (a), |
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23 | 23 | | the [The] department may enter into a comprehensive development |
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24 | 24 | | agreement [only] for all or part of: |
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25 | 25 | | (1) the State Highway 99 (Grand Parkway) project; |
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26 | 26 | | (2) the Interstate Highway 35E managed lanes project |
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27 | 27 | | in Dallas and Denton Counties from Interstate Highway 635 to U.S. |
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28 | 28 | | Highway 380; |
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29 | 29 | | (3) the Interstate Highway 35W project in Tarrant |
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30 | 30 | | County from Interstate Highway 30 to State Highway 114; |
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31 | 31 | | (4) the State Highway 183 managed lanes project in |
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32 | 32 | | Tarrant and Dallas Counties from State Highway 121 to Interstate |
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33 | 33 | | Highway 35E; |
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34 | 34 | | (5) the Interstate Highway 35E/U.S. Highway 67 |
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35 | 35 | | Southern Gateway project in Dallas County, including: |
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36 | 36 | | (A) Interstate Highway 35E from 8th Street to |
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37 | 37 | | Interstate Highway 20; and |
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38 | 38 | | (B) U.S. Highway 67 from Interstate Highway 35E |
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39 | 39 | | to Farm-to-Market Road 1382 (Belt Line Road); |
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40 | 40 | | (6) the State Highway 288 project from U.S. Highway 59 |
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41 | 41 | | to south of State Highway 6 in Brazoria County and Harris County; |
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42 | 42 | | (7) the U.S. Highway 290 managed lanes project in |
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43 | 43 | | Harris County from Interstate Highway 610 to State Highway 99; |
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44 | 44 | | (8) the Interstate Highway 820 project from State |
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45 | 45 | | Highway 183 to Randol Mill Road; |
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46 | 46 | | (9) the State Highway 114 project in Dallas County |
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47 | 47 | | from State Highway 121 to State Highway 183; |
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48 | 48 | | (10) the Loop 12 project in Dallas County from State |
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49 | 49 | | Highway 183 to Interstate Highway 35E; |
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50 | 50 | | (11) the Loop 9 project in Dallas and Ellis Counties |
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51 | 51 | | from Interstate Highway 20 to U.S. Highway 67; and |
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52 | 52 | | (12) the U.S. Highway 181 Harbor Bridge project in |
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53 | 53 | | Nueces County between U.S. Highway 181 at Beach Avenue and |
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54 | 54 | | Interstate Highway 37. |
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55 | 55 | | (g) The department may combine in a comprehensive |
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56 | 56 | | development agreement under this subchapter: |
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57 | 57 | | (1) a toll project and a rail facility as defined by |
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58 | 58 | | Section 91.001; or |
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59 | 59 | | (2) two or more projects for which the department is |
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60 | 60 | | authorized under this subchapter to enter into a comprehensive |
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61 | 61 | | development agreement [described by Subsection (f)]. |
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62 | 62 | | (i) The department's authority to enter into a |
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63 | 63 | | comprehensive development agreement under this subchapter |
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64 | 64 | | expires[: |
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65 | 65 | | [(1)] August 31, 2031 [2017], for a project [described |
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66 | 66 | | by Subsection (f),] other than the State Highway 99 (Grand Parkway) |
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67 | 67 | | project [and the State Highway 183 managed lanes project; and |
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68 | 68 | | [(2) August 31, 2015, for the State Highway 183 |
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69 | 69 | | managed lanes project]. |
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70 | 70 | | (j) Before the department may enter into a comprehensive |
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71 | 71 | | development agreement under this subchapter [Subsection (f)], the |
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72 | 72 | | department must: |
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73 | 73 | | (1) for a project other than the State Highway 99 |
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74 | 74 | | (Grand Parkway) project, obtain[, not later than August 31, 2017,] |
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75 | 75 | | the appropriate environmental clearance: |
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76 | 76 | | (A) for the project; or |
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77 | 77 | | (B) for the initial or base scope of the project |
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78 | 78 | | if the project agreement provides for the phased construction of |
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79 | 79 | | the project; and |
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80 | 80 | | (2) present to the commission a full financial plan |
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81 | 81 | | for the project, including costing methodology and cost proposals. |
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82 | 82 | | SECTION 3. Section 370.305(c), Transportation Code, is |
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83 | 83 | | amended to read as follows: |
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84 | 84 | | (c) Except as provided by this chapter, an authority's |
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85 | 85 | | authority to enter into a comprehensive development agreement |
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86 | 86 | | expires on August 31, 2031 [2011]. |
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87 | 87 | | SECTION 4. The following provisions of the Transportation |
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88 | 88 | | Code are repealed: |
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89 | 89 | | (1) Sections 223.201(k) and (m); and |
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90 | 90 | | (2) Section 223.2011. |
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91 | 91 | | SECTION 5. The changes in law made by this Act do not |
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92 | 92 | | invalidate a comprehensive development agreement or facility |
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93 | 93 | | agreement entered into under Subchapter E, Chapter 223, |
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94 | 94 | | Transportation Code, before the effective date of this Act, and do |
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95 | 95 | | not limit the continued authority relating to those agreements. The |
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96 | 96 | | prior law is continued in effect for the limited purpose of |
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97 | 97 | | continuing to govern those agreements as applicable. |
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98 | 98 | | SECTION 6. This Act takes effect September 1, 2021. |
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