Bill Text: TX SB1730 | 2013-2014 | 83rd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to comprehensive development agreements of the Texas Department of Transportation or a regional mobility authority.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB1730 Detail]
Download: Texas-2013-SB1730-Comm_Sub.html
Bill Title: Relating to comprehensive development agreements of the Texas Department of Transportation or a regional mobility authority.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB1730 Detail]
Download: Texas-2013-SB1730-Comm_Sub.html
By: Nichols | S.B. No. 1730 | |
(Phillips) | ||
Substitute the following for S.B. No. 1730: No. |
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relating to comprehensive development agreements of the Texas | ||
Department of Transportation or a regional mobility authority. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 223.201, Transportation Code, is amended | ||
by amending Subsections (a), (b), (f), (g), (i), (j), (k), and (l) | ||
and adding Subsection (j-1) to read as follows: | ||
(a) Subject to Section 223.202, the department may enter | ||
into a comprehensive development agreement with a private entity to | ||
design, develop, finance, construct, maintain, repair, operate, | ||
extend, or expand a: | ||
(1) toll project; | ||
(2) state highway improvement project that includes | ||
both tolled and nontolled lanes and may include nontolled | ||
appurtenant facilities; | ||
(3) state highway improvement project in which the | ||
private entity has an interest in the project; [ |
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(4) state highway improvement project financed wholly | ||
or partly with the proceeds of private activity bonds, as defined by | ||
Section 141(a), Internal Revenue Code of 1986; or | ||
(5) nontolled state highway improvement project | ||
authorized by the legislature. | ||
(b) In this subchapter, "comprehensive development | ||
agreement" means an agreement that, at a minimum, provides for the | ||
design and construction, reconstruction, rehabilitation, | ||
expansion, or improvement of a project described in Subsection (a) | ||
and may also provide for the financing, acquisition, maintenance, | ||
or operation of a project described in Subsection (a). | ||
(f) The department may enter into a comprehensive | ||
development agreement only for all or part of: | ||
(1) the State Highway 99 (Grand Parkway) project; | ||
(2) the Interstate Highway 35E managed lanes project | ||
in Dallas and Denton Counties from Interstate Highway 635 to U.S. | ||
Highway 380; | ||
(3) the Interstate Highway 35W project in Tarrant | ||
County from Interstate Highway 30 to State Highway 114 [ |
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(4) the State Highway 183 managed lanes project in | ||
Tarrant and Dallas Counties [ |
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to Interstate Highway 35E; | ||
(5) the Interstate Highway 35/U.S. Highway 67 Southern | ||
Gateway project in Dallas County, including: | ||
(A) Interstate Highway 35E from 8th Street to | ||
Interstate Highway 20; and | ||
(B) U.S. Highway 67 from Interstate Highway 35E | ||
to Farm-to-Market Road 1382 (Belt Line Road) [ |
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(6) the State Highway 288 project from U.S. Highway 59 | ||
to south of State Highway 6 in Brazoria County and Harris County; | ||
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(7) the U.S. Highway 290 [ |
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project in Harris County from Interstate Highway 610 to State | ||
Highway 99; | ||
(8) the Interstate Highway 820 project from State | ||
Highway 183 to Randol Mill Road; | ||
(9) the State Highway 114 project in Dallas County | ||
from State Highway 121 to State Highway 183; | ||
(10) the Loop 12 project in Dallas County from State | ||
Highway 183 to Interstate Highway 35E; | ||
(11) the Interstate Highway 35E project in Dallas | ||
County from State Highway 183 to the Dallas North Tollway; | ||
(12) the Loop 9 project in Dallas and Ellis Counties | ||
from Interstate Highway 20 to U.S. Highway 67; and | ||
(13) the U.S. Highway 181 Harbor Bridge project in | ||
Nueces County between U.S. Highway 181 at Beach Avenue and | ||
Interstate Highway 37. | ||
(g) The department may combine in a comprehensive | ||
development agreement under this subchapter: | ||
(1) a toll project and a rail facility as defined by | ||
Section 91.001; or | ||
(2) two or more projects described by Subsection (f). | ||
(i) The authority to enter into a comprehensive development | ||
agreement under [ |
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(1) August 31, 2017; or | ||
(2) August 31, 2015, for: | ||
(A) the State Highway 183 managed lanes project; | ||
(B) the State Highway 114 project; and | ||
(C) the Loop 12 project. | ||
(j) Before the department may enter into a comprehensive | ||
development agreement under Subsection (f), the department must: | ||
(1) obtain[ |
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appropriate environmental clearance for the project or for the | ||
initial or base scope of the project if the project agreement | ||
provides for the phased construction of the project: | ||
(A) not later than August 31, 2017; or | ||
(B) not later than January 31, 2014, for a | ||
project described by Subsection (i)(2) [ |
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(2) present to the commission a full financial plan | ||
for the project, including costing methodology and cost proposals. | ||
(j-1) Subsections (i) and (j) do not apply to the State | ||
Highway 99 (Grand Parkway) project. | ||
(k) Not later than December 1, 2014 [ |
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shall provide [ |
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a project described by Subsection (f). The report must include: | ||
(1) the status of the project's environmental | ||
clearance; | ||
(2) an explanation of any project delays; and | ||
(3) if the procurement is not completed, the | ||
anticipated date for the completion of the procurement. | ||
(l) In this section, "environmental clearance" means: | ||
(1) a finding of no significant impact has been issued | ||
for the project or, as applicable, for the initial or base scope of | ||
the project; or | ||
(2) for a project for which an environmental impact | ||
statement is prepared, a record of decision has been issued for that | ||
project or, as applicable, for the initial or base scope of the | ||
project. | ||
SECTION 2. Sections 223.2011(a), (c), (e), and (f), | ||
Transportation Code, are amended to read as follows: | ||
(a) Notwithstanding Sections 223.201(f) and 370.305(c), the | ||
department or an authority under Section 370.003 may enter into a | ||
comprehensive development agreement relating to improvements to, | ||
or construction of all or part of: | ||
(1) the Loop 1 (MoPac Improvement) project from | ||
Farm-to-Market Road 734 to Cesar Chavez Street; | ||
(2) the U.S. 183 (Bergstrom Expressway) project from | ||
Springdale Road to Patton Avenue; [ |
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(3) a project consisting of the construction of: | ||
(A) the Outer Parkway Project in Cameron County | ||
from U.S. Highway 77 [ |
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(B) the South Padre Island Second Access Causeway | ||
Project from State Highway 100 to Park Road 100; | ||
(4) the Loop 49 project from Interstate 20 to U.S. | ||
Highway 69 (Lindale Relief Route) and from State Highway 110 to U.S. | ||
Highway 259 (Segments 6 and 7); | ||
(5) the Loop 375 Border Highway West project in El Paso | ||
County from Race Track Drive to U.S. Highway 54; and | ||
(6) the Northeast Parkway project in El Paso County | ||
from Loop 375 east of the Railroad Drive overpass to the Texas-New | ||
Mexico border. | ||
(c) Not later than December 1, 2014 [ |
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or the authority, as applicable, shall provide [ |
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to the commission on the status of a project described by Subsection | ||
(a). The report must include: | ||
(1) the status of the project's environmental | ||
clearance; | ||
(2) an explanation of any project delays; and | ||
(3) if the procurement is not completed, the | ||
anticipated date for the completion of the procurement. | ||
(e) In this section, "environmental clearance" means: | ||
(1) a finding of no significant impact has been issued | ||
for the project or, as applicable, for the initial or base scope of | ||
the project; or | ||
(2) for a project for which an environmental impact | ||
statement is prepared, a record of decision has been issued for that | ||
project or, as applicable, for the initial or base scope of the | ||
project. | ||
(f) The authority to enter into a comprehensive development | ||
agreement under this section expires August 31, 2017 [ |
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SECTION 3. Subchapter G, Chapter 370, Transportation Code, | ||
is amended by adding Section 370.3051 to read as follows: | ||
Sec. 370.3051. LIMITED AUTHORITY FOR CERTAIN PROJECTS USING | ||
COMPREHENSIVE DEVELOPMENT AGREEMENTS. Notwithstanding Section | ||
370.305(c), an authority formed by a county with a population of | ||
more than 700,000 that borders the United Mexican States may enter | ||
into a comprehensive development agreement for: | ||
(1) the Hidalgo County Loop Project; | ||
(2) the International Bridge Trade Corridor | ||
Project; and | ||
(3) projects associated with commuter rail. | ||
SECTION 4. Section 371.101, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 371.101. TERMINATION FOR CONVENIENCE. (a) A | ||
comprehensive development agreement under which a private | ||
participant receives the right to operate and collect revenue from | ||
a toll project must contain a provision authorizing the toll | ||
project entity to terminate the agreement for convenience and to | ||
purchase, under terms agreed to by the parties: | ||
(1) the interest of the private participant in the | ||
comprehensive development agreement; and | ||
(2) related property, including any interest in a | ||
highway or other facility designed, developed, financed, | ||
constructed, operated, or maintained under the agreement. | ||
(b) A comprehensive development agreement described by | ||
Subsection (a) must include a price breakdown stating a specific | ||
price for the purchase of the private participant's interest at | ||
specified intervals from the date the toll project opens, of not | ||
less than two years and not more than five years, over the term of | ||
the agreement. | ||
(c) The provision must authorize the toll project entity to | ||
terminate the comprehensive development agreement and to purchase | ||
the private participant's interest at any time during a specified | ||
interval at the lesser of: | ||
(1) the price stated for that interval; or | ||
(2) the greater of: | ||
(A) the then fair market value of the private | ||
participant's interest, plus or minus any other amounts specified | ||
in the comprehensive development agreement; or | ||
(B) an amount equal to the amount of outstanding | ||
debt specified in the comprehensive development agreement, plus or | ||
minus any other amounts specified in the comprehensive development | ||
agreement. | ||
(d) A toll project entity shall include in a request for | ||
proposals for an agreement described by Subsection (a) a request | ||
for the proposed price breakdown described by Subsection (b) and | ||
shall assign points to and score each proposer's price breakdown in | ||
the evaluation of proposals. | ||
(e) A private participant shall, not later than 12 months | ||
before the date that a new price interval takes effect, notify the | ||
toll project entity of the beginning of the price interval. The | ||
toll project entity must notify the private participant as to | ||
whether it will exercise the option to purchase under this section | ||
not later than six months after the date it receives notice under | ||
this subsection. | ||
(f) A toll project entity must notify the private | ||
participant of the toll project entity's intention to purchase the | ||
private participant's interest under this section not less than six | ||
months before the date of the purchase. | ||
(g) Subsections (b), (c), (d), (e), and (f) do not apply to a | ||
project for which a request for proposals was issued before January | ||
1, 2013. | ||
(h) If a project requires expansion or reconstruction in a | ||
manner that differs from the manner provided in the original | ||
project scope or schedule, the price for terminating the | ||
comprehensive development agreement may be adjusted to reflect the | ||
changes in the agreement. [ |
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SECTION 5. 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 September 1, 2013. |