Bill Text: TX HB3955 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the functions of the Texas Department of Transportation relating to transportation planning and projects.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-08 - Committee report sent to Calendars [HB3955 Detail]
Download: Texas-2017-HB3955-Introduced.html
85R11906 JRR-D | ||
By: Gonzales of Williamson | H.B. No. 3955 |
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relating to the functions of the Texas Department of Transportation | ||
relating to transportation planning and projects. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 201.601(a-1) and (d), Transportation | ||
Code, are amended to read as follows: | ||
(a-1) The plan must: | ||
(1) contain specific and clearly defined | ||
transportation system strategies, long-term transportation goals | ||
for the state and measurable targets for each goal, and other | ||
related performance measures; | ||
(2) identify priority corridors, projects, or areas of | ||
the state that are of particular concern to the department in | ||
meeting the goals established under Subdivision (1); and | ||
(3) contain a participation plan specifying methods | ||
for obtaining formal input on the goals and priorities identified | ||
under this subsection from: | ||
(A) other state agencies; | ||
(B) political subdivisions; | ||
(C) local transportation entities; and | ||
(D) the general public. | ||
(d) In selecting transportation projects, the [ |
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department shall consider the transportation system strategies, | ||
goals and measurable targets, and other related performance | ||
measures established under Subsection (a-1)(1) [ |
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SECTION 2. Section 201.6015, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 201.6015. INTEGRATION OF PLANS AND POLICY EFFORTS. In | ||
developing each of its transportation plans and policy efforts, the | ||
department must: | ||
(1) clearly reference the statewide transportation | ||
plan under Section 201.601; | ||
(2) include in the plan or policy effort the | ||
transportation system strategies, goals and measurable targets, | ||
and other related performance measures established under Section | ||
201.601(a-1)(1); and | ||
(3) [ |
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supports [ |
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under Section 201.601(a-1)(1) [ |
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SECTION 3. Section 201.807, Transportation Code, is amended | ||
by amending Subsection (a) and adding Subsections (g) and (h) to | ||
read as follows: | ||
(a) In this section, "department project" means a highway | ||
project under the jurisdiction of the department, including a | ||
grouped rehabilitation and preventive maintenance project, that: | ||
(1) is being developed or is under construction; and | ||
(2) is identified in the district project portfolio | ||
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(g) The department shall: | ||
(1) conduct a comprehensive review of the project | ||
information reporting system; | ||
(2) in conducting the review required by Subdivision | ||
(1), incorporate feedback from internal and external users of the | ||
system and advice from the department office responsible for public | ||
involvement; and | ||
(3) develop a plan for implementing any needed | ||
improvements to the system. | ||
(h) The department shall conduct the review required by | ||
Subsection (g)(1) on a regular basis, as specified by commission | ||
rule. | ||
SECTION 4. Subchapter J, Chapter 201, Transportation Code, | ||
is amended by adding Section 201.8075 to read as follows: | ||
Sec. 201.8075. STATEWIDE TRANSPORTATION PLAN DASHBOARD. | ||
(a) In this section, "dashboard" means a web-based data | ||
visualization tool that provides an analysis and visual | ||
representation of key performance measures relevant to a particular | ||
objective. | ||
(b) The department shall develop and prominently display on | ||
the department's Internet website a dashboard that clearly | ||
communicates to the public: | ||
(1) the transportation system strategies, goals and | ||
measurable targets, and other related performance measures | ||
established under Section 201.601(a-1)(1); and | ||
(2) the department's progress, including trends over | ||
time, in meeting the strategies, goals and targets, and other | ||
related performance measures described by Subdivision (1). | ||
(c) The dashboard must be in a format that is easy to | ||
navigate. | ||
(d) The department shall: | ||
(1) regularly update the information displayed on the | ||
dashboard; and | ||
(2) publish on the department's Internet website the | ||
methodology and data used to determine the department's progress | ||
under Subsection (b)(2). | ||
SECTION 5. Section 201.808, Transportation Code, is amended | ||
by adding Subsection (i) to read as follows: | ||
(i) The department shall: | ||
(1) conduct a comprehensive analysis regarding the | ||
effect of funding allocations made to funding categories described | ||
by Section 201.991(b) and project selection decisions on | ||
accomplishing the goals described in the statewide transportation | ||
plan under Section 201.601; | ||
(2) provide the analysis to metropolitan planning | ||
organizations, the public, and each member of the commission for | ||
the purpose of informing deliberations on funding decisions for the | ||
unified transportation program under Section 201.991; | ||
(3) update the analysis as part of: | ||
(A) the department's annual update to the unified | ||
transportation program under Section 201.992 and any other formal | ||
update to that program; and | ||
(B) the evaluation and report required by Section | ||
201.809; | ||
(4) promptly publish the analysis on the department's | ||
Internet website in its entirety and in summary form; and | ||
(5) publish the methodology and data used to create | ||
the analysis on the department's Internet website and make the | ||
methodology and data available to the metropolitan planning | ||
organizations, the public, and the commission under Subdivision | ||
(2). | ||
SECTION 6. Section 201.809(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) The department annually shall evaluate and publish a | ||
report about the status of each transportation goal for this | ||
state. The department shall also promptly publish the report on | ||
the department's Internet website in summary form. The report must | ||
include: | ||
(1) information about the progress of each long-term | ||
transportation goal that is identified by the statewide | ||
transportation plan; | ||
(2) the status of each project identified as a major | ||
priority; | ||
(3) a summary of the number of statewide project | ||
implementation benchmarks that have been completed; [ |
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(4) information about the accuracy of previous | ||
department financial forecasts; and | ||
(5) the analysis required by Section 201.808(i). | ||
SECTION 7. Section 201.991, Transportation Code, is amended | ||
by adding Subsections (b-1) and (e) and amending Subsection (d) to | ||
read as follows: | ||
(b-1) The commission by rule shall: | ||
(1) adopt a policy comprehensively explaining the | ||
department's approach to public involvement and transparency | ||
related to the unified transportation program; and | ||
(2) require the department to, at a minimum, make a | ||
report on any change to the unified transportation program | ||
available on the department's Internet website and provide the | ||
report to the commission in a public meeting, regardless of any | ||
rules adopted for public hearings and approvals. | ||
(d) In developing the rules required by Subsection (b) [ |
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transportation entities. | ||
(e) In developing the policy required by Subsection | ||
(b-1)(1), the commission shall collaborate with stakeholders. | ||
SECTION 8. Section 201.992(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) The annual update must include: | ||
(1) the annual funding forecast required by Section | ||
201.993; | ||
(2) the list of major transportation projects required | ||
by Section 201.994(b); [ |
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(3) the category to which the project has been | ||
assigned and the priority of the project in the category under | ||
Section 201.995; and | ||
(4) the analysis required by Section 201.808(i). | ||
SECTION 9. Section 201.995, Transportation Code, is amended | ||
by adding Subsection (d) to read as follows: | ||
(d) In prioritizing and approving projects under Section | ||
201.9991 that are included in the unified transportation program, | ||
the commission must first evaluate projects on strategic need and | ||
potential contribution toward meeting the transportation goals | ||
established under Section 201.601(a-1)(1). After conducting that | ||
initial evaluation, the commission may conduct a secondary | ||
evaluation based on other factors such as funding availability and | ||
project readiness. | ||
SECTION 10. Section 201.998, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 201.998. DISTRICT PROJECT PORTFOLIOS [ |
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(a) Each department district shall develop a consistently | ||
formatted project portfolio [ |
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transportation program covering a period of at least four years | ||
that contains all projects that the district proposes to implement | ||
during that period. | ||
(b) The department shall develop comprehensive performance | ||
measures for key steps in the project development process for | ||
projects included in each district's project portfolio. The | ||
department shall use the performance measures developed under this | ||
subsection to track and report whether each district is: | ||
(1) developing an appropriate mix of projects; and | ||
(2) on track to meet letting targets that are | ||
consistent with applicable department policy governing when a | ||
project should be bid on for a contract awarded by the department | ||
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(c) The department shall conduct a review of project | ||
development activities in each district's project portfolio on a | ||
regular basis and use the review [ |
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(d) In conducting the review required by Subsection (c), the | ||
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stakeholders such as local government project sponsors or | ||
metropolitan planning organizations [ |
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(e) The commission shall adopt rules as necessary to | ||
administer this section. | ||
(f) The commission shall adopt and regularly update rules: | ||
(1) governing the overall planning, review, and | ||
monitoring process created by this section; | ||
(2) specifying how planning and project stakeholders | ||
can become involved in the process described by Subdivision (1); | ||
and | ||
(3) requiring the department to regularly report | ||
results under this section to the commission and the public and | ||
specifying the method for reporting those results. | ||
(g) The commission shall consult a stakeholder group before | ||
adopting or updating rules under Subsection (f). | ||
SECTION 11. Section 201.9991(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) The commission by rule shall prioritize and approve | ||
projects included in the statewide transportation plan under | ||
Section 201.601 or in the unified transportation program under | ||
Section 201.991 in order to provide financial assistance under this | ||
chapter. | ||
SECTION 12. Subchapter P, Chapter 201, Transportation Code, | ||
is amended by adding Section 201.9992 to read as follows: | ||
Sec. 201.9992. ROLES AND RESPONSIBILITIES OF DEPARTMENT AND | ||
METROPOLITAN PLANNING ORGANIZATIONS. (a) The commission shall | ||
adopt rules governing: | ||
(1) the alignment of the department's state and | ||
federal funding forecasts, including the annual funding forecast | ||
required by Section 201.993, with the funding forecasts of | ||
metropolitan planning organizations, including: | ||
(A) the funding forecasts used for long-term | ||
planning as described in Sections 201.620 and 472.035; and | ||
(B) the 10-year transportation plan required by | ||
Section 201.9911; | ||
(2) the alignment of the statewide project | ||
recommendation criteria developed by the department with the | ||
project recommendation criteria developed by metropolitan planning | ||
organizations that relate to statewide transportation goals, | ||
particularly for major mobility projects using a mix of several | ||
funding sources and selected by different entities; | ||
(3) the department's timelines and review process for | ||
the 10-year transportation plans required by Section 201.9911; | ||
(4) the department's process for allowing metropolitan | ||
planning organizations direct access to the department's | ||
information systems, software, and technical assistance for the | ||
purpose of accomplishing statewide transportation goals; and | ||
(5) the department's process for collaborating with | ||
metropolitan planning organizations to regularly evaluate the | ||
availability, consistency, and quality of data and other | ||
information needed to fully develop a more performance-based | ||
transportation planning and project selection system. | ||
(b) A rule adopted under Subsection (a)(3) must take into | ||
consideration a metropolitan planning organization's other | ||
deadlines and requirements in federal law. | ||
(c) The commission shall consult a stakeholder group before | ||
developing the rules required by Subsection (a). | ||
SECTION 13. Section 223.012, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 223.012. CONTRACTOR PERFORMANCE. (a) The commission | ||
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(1) establish a range of contract remedies to be | ||
included in all low-bid highway improvement contracts, including | ||
enforceable corrective action plans and criteria for prohibiting | ||
contractors with significant project completion delays from | ||
bidding on new projects, and develop a process and criteria for when | ||
to apply each contract remedy; | ||
(2) develop and implement a schedule for liquidated | ||
damages that accurately reflects the costs associated with project | ||
completion delays, including administrative and travel delays; and | ||
(3) develop a contractor performance evaluation | ||
process and an evaluation tool that: | ||
(A) allows for the [ |
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bidding capacity to ensure that contractors meet each quality, | ||
safety, and timeliness standard established by the commission; and | ||
(B) contains criteria for modifying a | ||
contractor's bidding capacity for competitively bid highway | ||
improvement contracts when appropriate [ |
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(b) In developing the rules required by Subsection (a)(1), | ||
the commission must: | ||
(1) consult with industry contractors; and | ||
(2) consider contract remedies used by: | ||
(A) other state agencies; and | ||
(B) departments of transportation in other | ||
states [ |
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(c) The rules adopted under Subsection (a)(2) must: | ||
(1) include criteria for identifying projects that | ||
have a significant impact on the traveling public; and | ||
(2) require the department to calculate | ||
project-specific liquidated damages for projects described by | ||
Subdivision (1) that reflect the true cost of travel delays. | ||
(d) In developing the evaluation tool required by | ||
Subsection (a)(3), the commission must consult with industry | ||
contractors. | ||
(e) The rules adopted under Subsection (a)(3) must: | ||
(1) provide for a process for contractors to appeal | ||
the contractors' evaluations; and | ||
(2) include criteria for the use of the evaluations by | ||
the department to address contractor performance problems. | ||
SECTION 14. (a) Not later than March 1, 2018, the Texas | ||
Department of Transportation shall: | ||
(1) complete a review and update of the long-term | ||
transportation goals contained in the statewide transportation | ||
plan under Section 201.601, Transportation Code, and make any | ||
changes to the statewide transportation plan that are necessary to | ||
implement the change in law made by this Act to Section 201.601, | ||
Transportation Code, including adopting specific and clearly | ||
defined transportation system strategies, long-term transportation | ||
goals for the state and measurable targets for each goal, and other | ||
related performance measures, to ensure that the department uses a | ||
single set of transportation goals in all of the department's | ||
transportation plans and policy efforts; | ||
(2) make any changes to each of the department's | ||
transportation plans and policy efforts that are necessary to | ||
implement the change in law made by this Act to Section 201.6015, | ||
Transportation Code; | ||
(3) develop the plan required by Section | ||
201.807(g)(3), Transportation Code, as added by this Act; and | ||
(4) develop and publish on the department's Internet | ||
website the dashboard required by Section 201.8075, Transportation | ||
Code, as added by this Act. | ||
(b) Not later than September 1, 2018, the Texas | ||
Transportation Commission shall: | ||
(1) adopt the rules required by Sections 201.807(h), | ||
201.991(b-1), 201.998(f), and 201.9992, Transportation Code, as | ||
added by this Act, and Section 223.012, Transportation Code, as | ||
amended by this Act; and | ||
(2) adopt or modify any rules necessary to implement | ||
the changes in law made by this Act to Sections 201.807, 201.991, | ||
and 201.998, Transportation Code. | ||
SECTION 15. This Act takes effect September 1, 2017. |