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A BILL TO BE ENTITLED
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AN ACT
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relating to qualifying projects for public-private partnerships. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2267.001(10), Government Code, is |
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amended to read as follows: |
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(10) "Qualifying project" means: |
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(A) any ferry, mass transit facility, vehicle |
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parking facility, port facility, power generation facility, fuel |
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supply facility, oil or gas pipeline, water supply facility, public |
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work, waste treatment facility, hospital, school, medical or |
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nursing care facility, recreational facility, public building, |
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technology facility, or other similar facility currently available |
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or to be made available to a governmental entity for public use, |
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including any structure, parking area, appurtenance, and other |
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property required to operate the structure or facility and any |
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technology infrastructure installed in the structure or facility |
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that is essential to the project's purpose; [or] |
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(B) any improvements necessary or desirable to |
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real property owned by a governmental entity; or |
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(C) any information technology infrastructure, |
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including broadband or telecommunications infrastructure, |
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installed in a structure or facility owned by a governmental |
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entity. |
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SECTION 2. Section 2267.003, Government Code, is amended to |
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read as follows: |
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Sec. 2267.003. APPLICABILITY. This chapter does not apply |
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to: |
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(1) the financing, design, construction, maintenance, |
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or operation of a highway in the state highway system; |
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(2) a transportation authority operating under |
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Chapter 451, 452, 453, or 460, Transportation Code, other than a |
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metropolitan rapid transit authority operating under Chapter 451, |
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Transportation Code, in which the principal municipality has a |
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population of 1.9 million or more; or |
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(3) [any telecommunications, cable television, video
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service, or broadband infrastructure other than technology
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installed as part of a qualifying project that is essential to the
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project; or
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[(4)] except as provided by Section 2165.259, a |
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qualifying project located in the Capitol Complex, as defined by |
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Section 443.0071. |
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SECTION 3. Subchapter A, Chapter 2267, Government Code, is |
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amended by adding Section 2267.0053 to read as follows: |
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Sec. 2267.0053. PROHIBITED ACTION BY GOVERNMENTAL ENTITY. |
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A governmental entity that approves as a qualifying project the |
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installation of information technology infrastructure and enters |
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into a contract for the development or operation of the qualifying |
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project may not compete with a private entity in providing |
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telecommunications services. |
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SECTION 4. Section 2267.001(10), Government Code, as |
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amended by this Act, applies only to a qualifying project for which |
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an agreement is entered into on or after the effective date of this |
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Act. A qualifying project for which an agreement was entered into |
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before the effective date of this Act is governed by the law as it |
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existed on the date the agreement was entered into, and the former |
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law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2019. |