Bill Text: TX HB20 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the operations of and transportation planning and expenditures by the Texas Department of Transportation and planning organizations.
Spectrum: Partisan Bill (Republican 23-1)
Status: (Passed) 2015-06-03 - Effective immediately [HB20 Detail]
Download: Texas-2015-HB20-Enrolled.html
H.B. No. 20 |
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relating to the operations of and transportation planning and | ||
expenditures by the Texas Department of Transportation and planning | ||
organizations. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 201.809, Transportation Code, is amended | ||
by adding Subsections (e) through (i) to read as follows: | ||
(e) The commission by rule shall develop and implement a | ||
performance-based planning and programming process dedicated to | ||
providing the executive and legislative branches of government with | ||
indicators that quantify and qualify progress toward attaining all | ||
department goals and objectives established by the legislature and | ||
the commission. | ||
(f) The commission by rule shall develop and implement | ||
performance metrics and performance measures as part of: | ||
(1) the review of strategic planning in the statewide | ||
transportation plan, rural transportation plans, and unified | ||
transportation program; | ||
(2) the evaluation of decision-making on projects | ||
selected for funding in the unified transportation program and | ||
statewide transportation improvement program; and | ||
(3) the evaluation of project delivery for projects in | ||
the department's letting schedule. | ||
(g) The commission by rule shall adopt and shall | ||
periodically review performance metrics and measures to: | ||
(1) assess how well the transportation system is | ||
performing and operating in accordance with the requirements of 23 | ||
U.S.C. Section 134 or 135, as applicable; | ||
(2) provide the department, legislature, | ||
stakeholders, and public with information to support decisions in a | ||
manner that is accessible and understandable to the public; | ||
(3) assess the effectiveness and efficiency of | ||
transportation projects and service; | ||
(4) demonstrate transparency and accountability; and | ||
(5) address other issues the commission considers | ||
necessary. | ||
(h) The requirement for the commission to develop and | ||
implement a performance-based planning and programming process | ||
does not replace or alter the requirement of the commission or | ||
department to comply with the budgetary performance measures for | ||
each biennium as established in the General Appropriations Act. The | ||
commission may not rely on the satisfaction of the requirement to | ||
report budgetary performance measures as satisfying the | ||
requirements imposed under this section. | ||
(i) The commission shall develop and implement periodic | ||
reporting schedules for all performance metrics and measures | ||
required under this section. | ||
SECTION 2. Subchapter P, Chapter 201, Transportation Code, | ||
is amended by adding Section 201.9901 to read as follows: | ||
Sec. 201.9901. DEFINITIONS. In this subchapter: | ||
(1) "Planning organization" means: | ||
(A) a metropolitan planning organization; or | ||
(B) for an area that is not within the boundaries | ||
of a metropolitan planning organization, the department district | ||
that serves the area. | ||
(2) "Project" means a connectivity or new capacity | ||
roadway project in the region of a planning organization. The term | ||
does not include a safety project, bridge project, federal | ||
discretionary project, maintenance project, or preservation | ||
project. | ||
(3) "Region" means the area for which a planning | ||
organization develops plans under this subchapter. | ||
(4) "Transportation official" means an official in a | ||
political subdivision who has responsibility for planning and | ||
implementation of transportation projects. | ||
SECTION 3. Subchapter P, Chapter 201, Transportation Code, | ||
is amended by adding Section 201.9911 to read as follows: | ||
Sec. 201.9911. PLANNING ORGANIZATION 10-YEAR PLAN. (a) | ||
Each planning organization shall develop a 10-year transportation | ||
plan for the use of the funding allocated to the region. The | ||
department shall assist the planning organizations by providing in | ||
a timely manner such information as is reasonably requested by the | ||
planning organizations. | ||
(b) The first four years of the plan shall be developed to | ||
meet the transportation improvement plan requirements of 23 U.S.C. | ||
Section 134 or 135, as applicable. | ||
(c) For an area that is not within the boundaries of a | ||
metropolitan planning organization, the department district shall | ||
develop the 10-year transportation plan with input from municipal | ||
and county elected officials and transportation officials in the | ||
region. | ||
SECTION 4. Subchapter P, Chapter 201, Transportation Code, | ||
is amended by adding Sections 201.9932 and 201.9991 to read as | ||
follows: | ||
Sec. 201.9932. PROJECT RECOMMENDATION CRITERIA. Each | ||
planning organization shall develop its own project recommendation | ||
criteria, which must include consideration of: | ||
(1) projected improvements to congestion and safety; | ||
(2) projected effects on economic development | ||
opportunities for residents of the region; | ||
(3) available funding; | ||
(4) effects on the environment, including air quality; | ||
(5) socioeconomic effects, including | ||
disproportionately high and adverse health or environmental | ||
effects on minority or low-income neighborhoods; and | ||
(6) any other factors deemed appropriate by the | ||
planning organization. | ||
Sec. 201.9991. PRIORITIZATION AND APPROVAL OF PROJECTS BY | ||
COMMISSION. (a) The commission by rule shall prioritize and | ||
approve projects included in the statewide transportation plan | ||
under Section 201.601 in order to provide financial assistance | ||
under this chapter. | ||
(b) The commission by rule shall establish a | ||
performance-based process for setting funding levels for the | ||
categories of projects in the department's unified transportation | ||
program. | ||
(c) The commission by rule shall establish a scoring system | ||
for prioritizing projects for which financial assistance is sought | ||
from the commission by planning organizations. The criteria used to | ||
score projects must take into consideration the department's | ||
strategic goals as approved by the commission in accordance with | ||
the requirements of 23 U.S.C. Section 134 or 135, as applicable. The | ||
system must account for the diverse needs of the state so as to | ||
fairly allocate funding to all regions of the state. | ||
(d) The commission may make discretionary funding decisions | ||
for no more than 10 percent of the current biennial budget of the | ||
department. | ||
SECTION 5. Section 222.001(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) Money that is required to be used for public roadways by | ||
the Texas Constitution or federal law and that is deposited in the | ||
state treasury to the credit of the state highway fund, including | ||
money deposited to the credit of the state highway fund under Title | ||
23, United States Code, may be used only: | ||
(1) to improve the state highway system; or | ||
(2) to mitigate adverse environmental effects that | ||
result directly from construction or maintenance of a state highway | ||
by the department[ |
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SECTION 6. Section 223.241, Transportation Code, is amended | ||
by adding Subdivision (3) to read as follows: | ||
(3) "Highway project" means: | ||
(A) a single highway facility between two defined | ||
points in a corridor; or | ||
(B) two or more contiguous highway facilities. | ||
SECTION 7. Section 223.242, Transportation Code, is amended | ||
by adding Subsections (b-1), (f), and (g) and amending Subsections | ||
(d) and (d-1) to read as follows: | ||
(b-1) A design-build contract under this subchapter may | ||
include a maintenance agreement requiring a design-build | ||
contractor to maintain a project for an initial term of not longer | ||
than five years. The maintenance agreement may authorize the | ||
department, in its sole discretion, to exercise options extending | ||
the term of the maintenance agreement for additional periods beyond | ||
the initial maintenance term with each additional period being not | ||
longer than five years. The department shall obtain pricing for the | ||
maintenance work for each maintenance term. The department may | ||
require separate pricing for the maintenance work to be performed | ||
for each year of a maintenance term. | ||
(d) The department may enter into a design-build contract | ||
for a highway project with a construction cost estimate of $150 | ||
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(d-1) The department may not enter into more than three | ||
contracts under this section in each fiscal year[ |
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(f) The department shall not use the design-build method for | ||
the construction, expansion, extension, rehabilitation, | ||
alteration, or repair of a highway project if the project is | ||
substantially designed, to the extent described by Section | ||
223.246(a)(5), by the department or another entity other than the | ||
design-build contractor. | ||
(g) The department shall not include more than one highway | ||
project in a design-build contract. | ||
SECTION 8. (a) In this section: | ||
(1) "Commission" means the Texas Transportation | ||
Commission. | ||
(2) "Department" means the Texas Department of | ||
Transportation. | ||
(b) Not later than the earlier of 30 days after the | ||
effective date of this Act or September 1, 2015: | ||
(1) the speaker of the house of representatives shall | ||
appoint nine members to a House Select Committee on Transportation | ||
Planning and designate one member as chair; and | ||
(2) the lieutenant governor shall appoint five members | ||
to a Senate Select Committee on Transportation Planning and | ||
designate one member as chair. | ||
(b-1) In making appointments under Subsection (b) of this | ||
section, the speaker and the lieutenant governor should consider | ||
members that reflect diverse constituencies with respect to: | ||
(1) geographic areas in the state; | ||
(2) urban and rural areas; and | ||
(3) ethnicity. | ||
(c) The committees established under this section may meet | ||
separately at the call of the chair of the committee or jointly at | ||
the call of both chairs. In joint meetings, the chairs shall act as | ||
joint chairs. | ||
(d) The committees established under this section, meeting | ||
separately or jointly, shall review, study, and evaluate: | ||
(1) department projections regarding the revenue | ||
needed by the department to maintain current maintenance, | ||
congestion, and connectivity conditions; | ||
(2) the development of funding categories, the | ||
allocation of funding to such categories by formula, project | ||
selection authority for each funding category, and the development | ||
of project selection criteria for commission, department, and | ||
district-selected projects; | ||
(3) department rules and policies regarding the | ||
development and implementation of performance-based scoring and | ||
decision making for project prioritization and selection of | ||
commission, department, and district-selected projects; | ||
(4) the use and utilization of alternative methods of | ||
financing that have been authorized by the legislature for | ||
projects; | ||
(5) performance metrics and measurement tools used by | ||
the department to evaluate the performance of a department project | ||
or program; | ||
(6) the department's collaboration with state elected | ||
officials, local governments, government trade associations, | ||
metropolitan planning organizations, regional mobility | ||
authorities, and other entities when adopting rules or formulating | ||
policies; | ||
(7) any proposed rule, policy, program, or plan of the | ||
commission or department of statewide significance; | ||
(8) any possible benefits of utilizing zero-based | ||
budgeting principles; and | ||
(9) any other matter the committee considers | ||
appropriate. | ||
(e) Following consideration of the factors described by | ||
Subsection (d) of this section, the committees shall prepare a | ||
written report on the reviewed subjects and shall, not later than | ||
November 1, 2016, provide to the legislature the report. | ||
(f) The committees established under this section may | ||
exercise any power of a committee of their respective chambers and | ||
any powers of a joint committee. For the purposes of this section, | ||
the committees established under this section are considered a | ||
joint committee and the cost of operation of each committee may be | ||
borne in the same manner as the cost of a joint committee. The Texas | ||
Legislative Council shall provide funding for the operations of the | ||
committees. To the extent not inconsistent with this section, the | ||
joint rules adopted by the 84th Legislature for the administration | ||
of joint interim legislative study committees apply to the | ||
committees established under this section. | ||
(g) Not later than September 1, 2015, the department shall | ||
submit an initial report to the select committees. The report shall | ||
provide information necessary for the select committees to review, | ||
study, and evaluate the factors described by Subsections (d)(1), | ||
(2), and (3) of this section. Not later than March 31, 2016, the | ||
department shall submit to the select committees a preliminary | ||
report on the remaining factors described by Subsection (d) of this | ||
section. | ||
(h) This section expires January 9, 2017. | ||
SECTION 9. (a) Section 223.242(b-1), Transportation Code, | ||
as added by this Act, applies only to a contract entered into on or | ||
after the effective date of this Act. A contract entered into | ||
before that date is governed by the law as it existed on the date the | ||
contract was entered into, and that law is continued in effect for | ||
that purpose. | ||
(b) Sections 223.242(f) and (g), Transportation Code, as | ||
added by this Act, apply only to a highway project for which a | ||
request for qualifications is issued on or after the effective date | ||
of this Act. A highway project for which a request for | ||
qualifications is issued before the effective date of this Act is | ||
governed by the law in effect on the date the request for | ||
qualifications was issued, and that law is continued in effect for | ||
that purpose. | ||
SECTION 10. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect August 31, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 20 was passed by the House on May 1, | ||
2015, by the following vote: Yeas 135, Nays 2, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 20 on May 29, 2015, by the following vote: Yeas 143, Nays 1, 2 | ||
present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 20 was passed by the Senate, with | ||
amendments, on May 27, 2015, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |