Bill Text: TX HB1259 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to studies and reports regarding public-private partnerships and funding for certain public projects, including transportation projects.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2023-03-03 - Referred to State Affairs [HB1259 Detail]
Download: Texas-2023-HB1259-Introduced.html
88R3927 LRM-D | ||
By: Jetton | H.B. No. 1259 |
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relating to studies and reports regarding public-private | ||
partnerships and funding for certain public projects, including | ||
transportation projects. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter P, Chapter 201, Transportation Code, | ||
is amended by adding Section 201.9931 to read as follows: | ||
Sec. 201.9931. UNIFIED TRANSPORTATION PROGRAM FUNDING | ||
REPORT. (a) Not later than October 1 of each year, the department | ||
shall submit to each member of the legislature a report on the | ||
historical, current, and projected funding in the unified | ||
transportation program. | ||
(b) The report must: | ||
(1) if submitted in 2023: | ||
(A) include the amounts in each defined program | ||
funding category for fiscal years 2004 through 2031; and | ||
(B) use actual funding amounts for fiscal years | ||
2004 through 2023 and projected funding amounts for fiscal years | ||
2024 through 2031; | ||
(2) if submitted in 2024: | ||
(A) include the amounts in Subdivision (1)(A) | ||
updated to reflect funding allocations made in the 2025 unified | ||
transportation program through fiscal year 2032; and | ||
(B) use actual funding amounts for fiscal years | ||
2004 through 2024 and projected funding amounts for fiscal years | ||
2025 through 2032; | ||
(3) provide the total amount committed under the | ||
program for the year the report is submitted; | ||
(4) for each fiscal year required to be reported, | ||
provide a breakdown by each defined program funding category: | ||
(A) of the amount allocated to the funding | ||
category and the funding category's percentage of the total funding | ||
amount; and | ||
(B) of the amount allocated to each department | ||
district and metropolitan planning organization, if applicable; | ||
(5) for defined funding category 12, Strategic | ||
Priority, provide an explanation of the methodology used to | ||
prioritize project funding in fiscal year 2004 and subsequent | ||
fiscal years, including an explanation of any updates or changes to | ||
the methodology; and | ||
(6) be delivered in portable document format (PDF) and | ||
a format compatible with Microsoft Excel. | ||
(c) This section expires December 1, 2024. | ||
SECTION 2. (a) The comptroller of public accounts, in | ||
conjunction with the Texas Department of Transportation and the | ||
Texas Water Development Board, shall conduct a study on the | ||
economic impact and feasibility of public-private partnerships as | ||
an alternative delivery method for certain projects of the | ||
department and board, including the potential economic impact if | ||
those public-private partnerships file for bankruptcy. | ||
(b) In conducting the study, the comptroller shall analyze | ||
each project submitted under Subsection (c) of this section and | ||
determine for each project: | ||
(1) the feasibility of using an alternative project | ||
delivery method, including the use of private financing; | ||
(2) the estimated savings to this state if the project | ||
is completed using an alternative project delivery method, | ||
including private financing; | ||
(3) the estimated amount of local money necessary to | ||
construct or complete the project using traditional project | ||
delivery methods compared to the money necessary for the project | ||
using an alternative project delivery method, including private | ||
financing; | ||
(4) the amount of additional money available to other | ||
regions of this state if the project is completed using an | ||
alternative project delivery method, including private financing; | ||
and | ||
(5) the estimated cost of change orders for the | ||
project if the project is completed using a public-private | ||
partnership contract. | ||
(c) Not later than December 31, 2023: | ||
(1) the Texas Department of Transportation shall | ||
conduct a comprehensive review of: | ||
(A) all proposed road projects with a project | ||
value of $1 billion or more and submit a report of those projects to | ||
the comptroller for analysis under Subsection (b) of this section; | ||
and | ||
(B) the total cost to taxpayers for entering into | ||
a public-private partnership agreement, including the cost of | ||
entering into a managed lane agreement compared to the cost of | ||
adding free lanes using a cost benefit analysis; and | ||
(2) the Texas Water Development Board shall conduct a | ||
comprehensive review of all projects in the state water plan with an | ||
estimated project value of more than $1 billion and submit a report | ||
of those projects to the comptroller for analysis under Subsection | ||
(b) of this section. | ||
(d) Not later than September 1, 2024, the comptroller of | ||
public accounts shall submit to the governor, the lieutenant | ||
governor, the speaker of the house of representatives, and the | ||
presiding officer of each standing committee of the legislature | ||
with jurisdiction over transportation and water matters a report on | ||
the results of the study and analysis conducted under this section | ||
and any recommendations of the comptroller relating to the study, | ||
including any statutory changes necessary. | ||
(e) This section expires September 1, 2025. | ||
SECTION 3. (a) In this section: | ||
(1) "Comprehensive development agreement" has the | ||
meaning assigned by Section 223.201, Transportation Code. | ||
(2) "Department" means the Texas Department of | ||
Transportation. | ||
(3) "Institute" means the Texas A&M Transportation | ||
Institute. | ||
(b) The institute, in consultation with the department, | ||
shall conduct a study on comprehensive development agreements | ||
entered into for transportation projects in this state. The study | ||
must include an analysis of: | ||
(1) the contract provisions in comprehensive | ||
development agreements relating to maintenance and safety; and | ||
(2) the responsibilities of each party to the | ||
comprehensive development agreements relating to maintenance and | ||
safety. | ||
(c) Not later than December 1, 2024, the institute shall | ||
submit a report containing the results of the study conducted under | ||
this section to the members of the legislature. | ||
(d) This section expires January 1, 2025. | ||
SECTION 4. This Act takes effect September 1, 2023. |