Texas 2023 - 88th Regular

Texas House Bill HB1259 Compare Versions

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1	1	88R3927 LRM-D
2	2	By: Jetton H.B. No. 1259
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to studies and reports regarding public-private
8	8	partnerships and funding for certain public projects, including
9	9	transportation projects.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter P, Chapter 201, Transportation Code,
12	12	is amended by adding Section 201.9931 to read as follows:
13	13	Sec. 201.9931. UNIFIED TRANSPORTATION PROGRAM FUNDING
14	14	REPORT. (a) Not later than October 1 of each year, the department
15	15	shall submit to each member of the legislature a report on the
16	16	historical, current, and projected funding in the unified
17	17	transportation program.
18	18	(b) The report must:
19	19	(1) if submitted in 2023:
20	20	(A) include the amounts in each defined program
21	21	funding category for fiscal years 2004 through 2031; and
22	22	(B) use actual funding amounts for fiscal years
23	23	2004 through 2023 and projected funding amounts for fiscal years
24	24	2024 through 2031;
25	25	(2) if submitted in 2024:
26	26	(A) include the amounts in Subdivision (1)(A)
27	27	updated to reflect funding allocations made in the 2025 unified
28	28	transportation program through fiscal year 2032; and
29	29	(B) use actual funding amounts for fiscal years
30	30	2004 through 2024 and projected funding amounts for fiscal years
31	31	2025 through 2032;
32	32	(3) provide the total amount committed under the
33	33	program for the year the report is submitted;
34	34	(4) for each fiscal year required to be reported,
35	35	provide a breakdown by each defined program funding category:
36	36	(A) of the amount allocated to the funding
37	37	category and the funding category's percentage of the total funding
38	38	amount; and
39	39	(B) of the amount allocated to each department
40	40	district and metropolitan planning organization, if applicable;
41	41	(5) for defined funding category 12, Strategic
42	42	Priority, provide an explanation of the methodology used to
43	43	prioritize project funding in fiscal year 2004 and subsequent
44	44	fiscal years, including an explanation of any updates or changes to
45	45	the methodology; and
46	46	(6) be delivered in portable document format (PDF) and
47	47	a format compatible with Microsoft Excel.
48	48	(c) This section expires December 1, 2024.
49	49	SECTION 2. (a) The comptroller of public accounts, in
50	50	conjunction with the Texas Department of Transportation and the
51	51	Texas Water Development Board, shall conduct a study on the
52	52	economic impact and feasibility of public-private partnerships as
53	53	an alternative delivery method for certain projects of the
54	54	department and board, including the potential economic impact if
55	55	those public-private partnerships file for bankruptcy.
56	56	(b) In conducting the study, the comptroller shall analyze
57	57	each project submitted under Subsection (c) of this section and
58	58	determine for each project:
59	59	(1) the feasibility of using an alternative project
60	60	delivery method, including the use of private financing;
61	61	(2) the estimated savings to this state if the project
62	62	is completed using an alternative project delivery method,
63	63	including private financing;
64	64	(3) the estimated amount of local money necessary to
65	65	construct or complete the project using traditional project
66	66	delivery methods compared to the money necessary for the project
67	67	using an alternative project delivery method, including private
68	68	financing;
69	69	(4) the amount of additional money available to other
70	70	regions of this state if the project is completed using an
71	71	alternative project delivery method, including private financing;
72	72	and
73	73	(5) the estimated cost of change orders for the
74	74	project if the project is completed using a public-private
75	75	partnership contract.
76	76	(c) Not later than December 31, 2023:
77	77	(1) the Texas Department of Transportation shall
78	78	conduct a comprehensive review of:
79	79	(A) all proposed road projects with a project
80	80	value of $1 billion or more and submit a report of those projects to
81	81	the comptroller for analysis under Subsection (b) of this section;
82	82	and
83	83	(B) the total cost to taxpayers for entering into
84	84	a public-private partnership agreement, including the cost of
85	85	entering into a managed lane agreement compared to the cost of
86	86	adding free lanes using a cost benefit analysis; and
87	87	(2) the Texas Water Development Board shall conduct a
88	88	comprehensive review of all projects in the state water plan with an
89	89	estimated project value of more than $1 billion and submit a report
90	90	of those projects to the comptroller for analysis under Subsection
91	91	(b) of this section.
92	92	(d) Not later than September 1, 2024, the comptroller of
93	93	public accounts shall submit to the governor, the lieutenant
94	94	governor, the speaker of the house of representatives, and the
95	95	presiding officer of each standing committee of the legislature
96	96	with jurisdiction over transportation and water matters a report on
97	97	the results of the study and analysis conducted under this section
98	98	and any recommendations of the comptroller relating to the study,
99	99	including any statutory changes necessary.
100	100	(e) This section expires September 1, 2025.
101	101	SECTION 3. (a) In this section:
102	102	(1) "Comprehensive development agreement" has the
103	103	meaning assigned by Section 223.201, Transportation Code.
104	104	(2) "Department" means the Texas Department of
105	105	Transportation.
106	106	(3) "Institute" means the Texas A&M Transportation
107	107	Institute.
108	108	(b) The institute, in consultation with the department,
109	109	shall conduct a study on comprehensive development agreements
110	110	entered into for transportation projects in this state. The study
111	111	must include an analysis of:
112	112	(1) the contract provisions in comprehensive
113	113	development agreements relating to maintenance and safety; and
114	114	(2) the responsibilities of each party to the
115	115	comprehensive development agreements relating to maintenance and
116	116	safety.
117	117	(c) Not later than December 1, 2024, the institute shall
118	118	submit a report containing the results of the study conducted under
119	119	this section to the members of the legislature.
120	120	(d) This section expires January 1, 2025.
121	121	SECTION 4. This Act takes effect September 1, 2023.