87R10333 JAM-F
By: Martinez H.B. No. 3160
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
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. Sections 223.201(f), (g), (i), and (j),
Transportation Code, are amended to read as follows:
(f) In addition to the projects described by Subsection (a),
the [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)].
(i) The department's authority to enter into a
comprehensive development agreement under this subchapter
expires[:
[(1)] August 31, 2031 [2017], for a project [described
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].
(j) Before the department may enter into a comprehensive
development agreement under this subchapter [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 3. Section 370.305(c), Transportation Code, is
amended to read as follows:
(c) Except as provided by this chapter, an authority's
authority to enter into a comprehensive development agreement
expires on August 31, 2031 [2011].
SECTION 4. The following provisions of the Transportation
Code are repealed:
(1) Sections 223.201(k) and (m); and
(2) Section 223.2011.
SECTION 5. 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 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 6. This Act takes effect September 1, 2021.