| 1 | 1 | | 88R7021 JAM-D |
|---|
| 2 | 2 | | By: Jones of Harris H.B. No. 1187 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the inclusion of affordable housing as a qualifying |
|---|
| 8 | 8 | | project for public-private partnerships. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 2267.001(10), Government Code, is |
|---|
| 11 | 11 | | amended to read as follows: |
|---|
| 12 | 12 | | (10) "Qualifying project" means: |
|---|
| 13 | 13 | | (A) any ferry, mass transit facility, vehicle |
|---|
| 14 | 14 | | parking facility, port facility, power generation facility, fuel |
|---|
| 15 | 15 | | supply facility, oil or gas pipeline, water supply facility, public |
|---|
| 16 | 16 | | work, waste treatment facility, hospital, school, medical or |
|---|
| 17 | 17 | | nursing care facility, recreational facility, affordable housing, |
|---|
| 18 | 18 | | public building, technology facility, or other similar facility |
|---|
| 19 | 19 | | currently available or to be made available to a governmental |
|---|
| 20 | 20 | | entity for public use, including any structure, parking area, |
|---|
| 21 | 21 | | appurtenance, and other property required to operate the structure |
|---|
| 22 | 22 | | or facility and any technology infrastructure installed in the |
|---|
| 23 | 23 | | structure or facility that is essential to the project's purpose; |
|---|
| 24 | 24 | | or |
|---|
| 25 | 25 | | (B) any improvements necessary or desirable to |
|---|
| 26 | 26 | | real property owned by a governmental entity. |
|---|
| 27 | 27 | | SECTION 2. Section 2267.002(a), Government Code, is amended |
|---|
| 28 | 28 | | to read as follows: |
|---|
| 29 | 29 | | (a) The legislature finds that: |
|---|
| 30 | 30 | | (1) there is a public need for timely acquisition, |
|---|
| 31 | 31 | | design, construction, improvement, renovation, expansion, |
|---|
| 32 | 32 | | equipping, maintenance, operation, implementation, and |
|---|
| 33 | 33 | | installation of education facilities, affordable housing, |
|---|
| 34 | 34 | | technology and other public infrastructure, and government |
|---|
| 35 | 35 | | facilities in this state that serve a public need and purpose; |
|---|
| 36 | 36 | | (2) the public need may not be wholly satisfied by |
|---|
| 37 | 37 | | existing methods of procurement in which qualifying projects are |
|---|
| 38 | 38 | | acquired, designed, constructed, improved, renovated, expanded, |
|---|
| 39 | 39 | | equipped, maintained, operated, implemented, or installed; |
|---|
| 40 | 40 | | (3) there are inadequate resources to develop new |
|---|
| 41 | 41 | | education facilities, affordable housing, technology and other |
|---|
| 42 | 42 | | public infrastructure, and government facilities for the benefit of |
|---|
| 43 | 43 | | the citizens of this state, and there is demonstrated evidence that |
|---|
| 44 | 44 | | partnerships between public entities and private entities or other |
|---|
| 45 | 45 | | persons can meet these needs by improving the schedule for |
|---|
| 46 | 46 | | delivery, lowering the cost, and providing other benefits to the |
|---|
| 47 | 47 | | public; |
|---|
| 48 | 48 | | (4) financial incentives exist under state and federal |
|---|
| 49 | 49 | | tax provisions that encourage public entities to enter into |
|---|
| 50 | 50 | | partnerships with private entities or other persons to develop |
|---|
| 51 | 51 | | qualifying projects; and |
|---|
| 52 | 52 | | (5) authorizing private entities or other persons to |
|---|
| 53 | 53 | | develop or operate one or more qualifying projects may serve the |
|---|
| 54 | 54 | | public safety, benefit, and welfare by making the projects |
|---|
| 55 | 55 | | available to the public in a more timely or less costly fashion. |
|---|
| 56 | 56 | | SECTION 3. Section 2267.003, Government Code, is amended to |
|---|
| 57 | 57 | | read as follows: |
|---|
| 58 | 58 | | Sec. 2267.003. APPLICABILITY. (a) This chapter does not |
|---|
| 59 | 59 | | apply to: |
|---|
| 60 | 60 | | (1) the financing, design, construction, maintenance, |
|---|
| 61 | 61 | | or operation of a highway in the state highway system; |
|---|
| 62 | 62 | | (2) a transportation authority operating under |
|---|
| 63 | 63 | | Chapter 451, 452, 453, or 460, Transportation Code, other than a |
|---|
| 64 | 64 | | metropolitan rapid transit authority operating under Chapter 451, |
|---|
| 65 | 65 | | Transportation Code, in which the principal municipality has a |
|---|
| 66 | 66 | | population of 1.9 million or more; |
|---|
| 67 | 67 | | (3) any telecommunications, cable television, video |
|---|
| 68 | 68 | | service, or broadband infrastructure other than technology |
|---|
| 69 | 69 | | installed as part of a qualifying project that is essential to the |
|---|
| 70 | 70 | | project; or |
|---|
| 71 | 71 | | (4) except as provided by Section 2165.259, a |
|---|
| 72 | 72 | | qualifying project located in the Capitol Complex, as defined by |
|---|
| 73 | 73 | | Section 443.0071. |
|---|
| 74 | 74 | | (b) A qualifying project for affordable housing may be |
|---|
| 75 | 75 | | developed or operated only in a county with a population of more |
|---|
| 76 | 76 | | than 3.3 million. |
|---|
| 77 | 77 | | SECTION 4. Section 2267.001(10), Government Code, as |
|---|
| 78 | 78 | | amended by this Act, applies only to a qualifying project for which |
|---|
| 79 | 79 | | an agreement is entered into on or after the effective date of this |
|---|
| 80 | 80 | | Act. |
|---|
| 81 | 81 | | SECTION 5. This Act takes effect September 1, 2023. |
|---|