Texas 2021 87th Regular

Texas House Bill HB3467 Comm Sub / Bill

Filed 05/05/2021

                    87R20346 CXP-F
 By: Canales, Cyrier, Rodriguez H.B. No. 3467
 Substitute the following for H.B. No. 3467:
 By:  Martinez C.S.H.B. No. 3467


 A BILL TO BE ENTITLED
 AN ACT
 relating to the amendment of an existing comprehensive development
 agreement for a portion of State Highway 130.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 223.208, Transportation Code, is amended
 by adding Subsections (i), (j), and (k) to read as follows:
 (i)  Notwithstanding Subsection (h), the department shall
 amend a comprehensive development agreement entered into on or
 before March 22, 2007, for State Highway 130 from U.S. Highway 183
 to Interstate Highway 10 (Segments 5 and 6) to extend the term of
 the agreement for an additional 20 years if the amendment:
 (1)  outlines the benefit the state will derive from
 extending the term; and
 (2)  requires the private participant to provide funds
 to the department in an amount agreed to by the department and the
 private participant.
 (j)  The amount of funds provided by the private participant
 under Subsection (i)(2) must take into account a traffic and
 revenue study using:
 (1)  toll escalation rates consistent with the
 comprehensive development agreement described by Subsection (i)
 and calculated based on:
 (A)  the most recent gross state product forecasts
 published by the comptroller; and
 (B)  third-party market-based inflation forecasts
 produced by a nationally recognized government agency or financial
 institution; and
 (2)  transaction growth rates based exclusively on:
 (A)  transaction growth rates since 2015 for the
 project that is the subject of the comprehensive development
 agreement described by Subsection (i);
 (B)  population growth forecasts for the counties
 in which the project that is the subject of the comprehensive
 development agreement described by Subsection (i) is located,
 prepared by the metropolitan planning organizations in which the
 project is located; and
 (C)  long-term demographic forecasts based on the
 most recent state population forecasts published by the Texas Water
 Development Board.
 (k)  The funds received under Subsection (i)(2) must be used
 by the commission or the department to finance the construction,
 maintenance, or operation of transportation projects or air quality
 projects in the department districts located in the boundaries of
 the metropolitan planning organization in which the project that is
 the subject of the comprehensive development agreement described by
 Subsection (i) is located. The department shall allocate funds to
 the department districts based on the percentage of toll revenue
 from users from each of those department districts.
 SECTION 2.  This Act takes effect September 1, 2021.