TX
Texas House Bill HB4420

Texas 2021 - 87th Regular

Texas House Bill HB4420 Compare Versions

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1+87R9532 MWC-D
12 By: Krause H.B. No. 4420
23
34
45 A BILL TO BE ENTITLED
56 AN ACT
6- relating to certain studies and reports regarding delivery methods,
7- funding, and comprehensive development agreements for certain
8- public projects, including transportation projects.
7+ relating to a study and analysis by the comptroller on delivery
8+ methods used for certain projects of the Texas Department of
9+ Transportation and the Texas Water Development Board.
910 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10- SECTION 1. Subchapter P, Chapter 201, Transportation Code,
11- is amended by adding Section 201.9931 to read as follows:
12- Sec. 201.9931. UNIFIED TRANSPORTATION PROGRAM FUNDING
13- REPORT. (a) Not later than October 1 of each year, the department
14- shall submit to each member of the legislature a report on the
15- historical, current, and future projected funding in the unified
16- transportation program.
17- (b) The report must:
18- (1) if submitted in 2021:
19- (A) include the amounts in each defined program
20- funding category for fiscal years 2004 through 2031; and
21- (B) use actual funding amounts for fiscal years
22- 2004 through 2021 and projected funding amounts for fiscal years
23- 2022 through 2031;
24- (2) if submitted in 2022:
25- (A) include the amounts in Subdivision (1)(A)
26- updated to reflect funding allocations made in the 2023 unified
27- transportation program through fiscal year 2032; and
28- (B) use actual funding amounts for fiscal years
29- 2004 through 2022 and projected funding amounts for fiscal years
30- 2023 through 2032;
31- (3) provide the total amount committed under the
32- program for the year the report is submitted;
33- (4) for each fiscal year required to be reported,
34- provide a breakdown by each defined program funding category:
35- (A) of the amount allocated to the funding
36- category and the percentage of the total funding amount; and
37- (B) of the amount allocated to each department
38- district and metropolitan planning organization, if applicable;
39- (5) for defined funding category 12, Strategic
40- Priority, provide an explanation of the methodology used to
41- prioritize project funding in fiscal year 2004 and subsequent
42- fiscal years, including an explanation of any updates or changes to
43- the methodology; and
44- (6) be delivered in portable document format (PDF) and
45- a format compatible with Microsoft Excel.
46- (c) This section expires December 1, 2022.
47- SECTION 2. (a) The comptroller of public accounts, in
48- conjunction with the Texas Department of Transportation and the
49- Texas Water Development Board, shall conduct a study on the
50- economic impact and feasibility of public-private partnerships as
51- an alternative delivery method for certain projects of the
52- department and board, including the potential economic impact if
53- those public-private partnerships file for bankruptcy.
11+ SECTION 1. STUDY AND ANALYSIS OF PROJECT DELIVERY METHODS.
12+ (a) The comptroller of public accounts, in conjunction with the
13+ Texas Department of Transportation and the Texas Water Development
14+ Board, shall conduct a study on the economic impact and feasibility
15+ of public-private partnerships as an alternative delivery method
16+ for certain projects of the department and board.
5417 (b) In conducting the study, the comptroller shall analyze
5518 each project submitted under Subsection (c) of this section and
5619 determine for each project:
5720 (1) the feasibility of using an alternative project
5821 delivery method, including the use of private financing;
5922 (2) the estimated savings to this state if the project
6023 used an alternative project delivery method, including private
6124 financing;
6225 (3) the estimated amount of local money necessary to
6326 construct or complete the project using traditional project
6427 delivery methods compared to the money necessary for the project
6528 using an alternative project delivery method, including private
66- financing;
29+ financing; and
6730 (4) the amount of additional money available to other
6831 regions of this state if the project used an alternative project
69- delivery method, including private financing; and
70- (5) the estimated cost of change orders for the
71- project if the project is completed using a public-private
72- partnership contract.
32+ delivery method, including private financing.
7333 (c) Not later than December 31, 2021:
7434 (1) the Texas Department of Transportation shall
75- conduct a comprehensive review of:
76- (A) all proposed road projects with a project
77- value of $1 billion or more and submit a report of those projects to
78- the comptroller for analysis under Subsection (b) of this section;
79- and
80- (B) the total cost to taxpayers for entering into
81- a public-private partnership agreement, including the cost of
82- entering into a managed lane agreement compared to the cost of
83- adding free lanes using a cost benefit analysis; and
35+ conduct a comprehensive review of all proposed road projects with a
36+ project value of more than $1 billion and submit a report of those
37+ projects to the comptroller for analysis under Subsection (b) of
38+ this section; and
8439 (2) the Texas Water Development Board shall conduct a
8540 comprehensive review of all projects in the state water plan with an
8641 estimated project value of more than $1 billion and submit a report
8742 of those projects to the comptroller for analysis under Subsection
8843 (b) of this section.
89- (d) Not later than September 1, 2022, the comptroller of
90- public accounts shall submit to the governor, the lieutenant
91- governor, the speaker of the house of representatives, and the
92- presiding officer of each standing committee of the legislature
93- with jurisdiction over transportation and water matters a report on
94- the results of the study and analysis conducted under this section
95- and any recommendations of the comptroller relating to the study,
96- including any statutory changes necessary.
97- (e) This section expires September 1, 2023.
98- SECTION 3. (a) In this section:
99- (1) "Comprehensive development agreement" has the
100- meaning assigned by Section 223.201, Transportation Code.
101- (2) "Department" means the Texas Department of
102- Transportation.
103- (3) "Institute" means the Texas A&M Transportation
104- Institute.
105- (b) The institute, in consultation with the department,
106- shall conduct a study on comprehensive development agreements
107- entered into for transportation projects in this state. The study
108- must include an analysis of:
109- (1) the contract provisions in comprehensive
110- development agreements relating to maintenance and safety; and
111- (2) the responsibilities of each party to the
112- comprehensive development agreements relating to maintenance and
113- safety.
114- (c) Not later than December 1, 2022, the institute shall
115- submit a report containing the results of the study conducted under
116- this section to the members of the legislature.
117- (d) This section expires January 1, 2023.
118- SECTION 4. This Act takes effect September 1, 2021.
44+ SECTION 2. REPORT TO THE LEGISLATURE. Not later than
45+ September 1, 2022, the comptroller of public accounts shall submit
46+ to the governor, the lieutenant governor, the speaker of the house
47+ of representatives, and the presiding officer of each standing
48+ committee of the legislature with jurisdiction over transportation
49+ and water matters a report on the results of the study and analysis
50+ conducted under Section 1 of this Act and any recommendations of the
51+ comptroller relating to the study, including any statutory changes
52+ necessary.
53+ SECTION 3. EXPIRATION. This Act expires September 1, 2023.
54+ SECTION 4. EFFECTIVE DATE. This Act takes effect September
55+ 1, 2021.