Bill Text: TX SB312 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the continuation and functions of the Texas Department of Transportation; authorizing an increase in rates charged for the use of state aircraft to provide for the acquisition of replacement aircraft; creating a criminal offense.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-09 - See remarks for effective date [SB312 Detail]
Download: Texas-2017-SB312-Introduced.html
Bill Title: Relating to the continuation and functions of the Texas Department of Transportation; authorizing an increase in rates charged for the use of state aircraft to provide for the acquisition of replacement aircraft; creating a criminal offense.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-09 - See remarks for effective date [SB312 Detail]
Download: Texas-2017-SB312-Introduced.html
85R8342 JRR-D | ||
By: Nichols, Taylor of Collin | S.B. No. 312 |
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relating to the continuation and functions of the Texas Department | ||
of Transportation; authorizing an increase in rates charged for the | ||
use of state aircraft to provide for the acquisition of replacement | ||
aircraft. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 21.069(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) The department[ |
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Texas that is open to the general public. | ||
SECTION 2. Section 201.059, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 201.059. COMMISSION MEMBER TRAINING [ |
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appointed to and qualifies for office as a member of the commission | ||
may not vote, deliberate, or be counted as a member in attendance at | ||
a meeting of the commission until the person completes [ |
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with this section. | ||
(b) The training program must provide the person with | ||
information [ |
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(1) the law governing department operations [ |
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(2) the programs, functions, rules, and budget of | ||
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(3) the scope of and limitations on the rulemaking | ||
authority of the commission [ |
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(4) [ |
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the department; | ||
(5) [ |
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(A) laws relating to open meetings, public | ||
information, administrative procedure, and disclosing conflicts of | ||
interest [ |
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(B) other laws applicable to members of the | ||
commission in performing their duties [ |
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(6) [ |
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the department [ |
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(c) A person appointed to the commission is entitled to | ||
reimbursement, as provided by the General Appropriations Act, for | ||
the travel expenses incurred in attending the training program, | ||
regardless of whether the attendance at the program occurs before | ||
or after [ |
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the person qualifies for office [ |
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(d) The director shall create a training manual that | ||
includes the information required by Subsection (b). The director | ||
shall distribute a copy of the training manual annually to each | ||
member of the commission. On receipt of the training manual, each | ||
member of the commission shall sign and submit to the director a | ||
statement acknowledging receipt of the training manual. | ||
SECTION 3. Section 201.204, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 201.204. SUNSET PROVISION. The Texas Department of | ||
Transportation is subject to Chapter 325, Government Code (Texas | ||
Sunset Act). Unless continued in existence as provided by that | ||
chapter, the department is abolished September 1, 2029 [ |
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SECTION 4. 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 5. Section 201.6013, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 201.6013. LONG-TERM PLAN FOR STATEWIDE PASSENGER RAIL | ||
SYSTEM. (a) The department shall: | ||
(1) prepare [ |
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a statewide passenger rail system; and | ||
(2) update the plan at least once every five years. | ||
(b) Information contained in the plan must include: | ||
(1) a description of existing and proposed passenger | ||
rail systems; | ||
(2) information regarding the status of passenger rail | ||
systems under construction; | ||
(3) an analysis of potential interconnectivity | ||
difficulties; | ||
(4) an analysis of short-term and long-term effects of | ||
each proposed passenger rail system on state and local road | ||
connectivity, including effects on oversize or overweight vehicles | ||
and other commercial traffic; | ||
(5) an analysis of the effect of each proposed | ||
passenger rail system on statewide transportation planning, | ||
including the effect on future state and local road construction | ||
and road maintenance needs; | ||
(6) ridership projections for proposed passenger rail | ||
projects; and | ||
(7) [ |
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rail systems. | ||
SECTION 6. 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 7. Section 201.806(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) The department shall: | ||
(1) tabulate and analyze the vehicle accident reports | ||
it receives; and | ||
(2) annually or more frequently publish on the | ||
department's Internet website statistical information derived from | ||
the accident reports as to the number, cause, and location of | ||
highway accidents, including information regarding the number of: | ||
(A) accidents involving injury to, death of, or | ||
property damage to a bicyclist or pedestrian; and | ||
(B) fatalities caused by a bridge collapse, as | ||
defined by Section 550.081. | ||
SECTION 8. 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 9. 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 10. 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 11. 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 12. 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 13. 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 14. Sections 201.993(a) and (c), Transportation | ||
Code, are amended to read as follows: | ||
(a) The department annually shall: | ||
(1) develop and publish on the department's Internet | ||
website a forecast of all funds the department expects to receive, | ||
including funds from this state and the federal government; and | ||
(2) use that forecast to guide planning for the | ||
unified transportation program. | ||
(c) Not later than September 1 of each year, the department | ||
shall prepare and publish on the department's Internet website a | ||
cash flow forecast for a period of 20 years. | ||
SECTION 15. 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 16. 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 17. 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 18. 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 19. 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 20. Section 550.025(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) The operator of a vehicle involved in an accident | ||
resulting only in damage to a structure adjacent to a highway or a | ||
fixture or landscaping legally on or adjacent to a highway shall: | ||
(1) take reasonable steps to locate and notify the | ||
owner or person in charge of the property of the accident and of the | ||
operator's name and address and the registration number of the | ||
vehicle the operator was driving; and | ||
(2) if requested and available, show the operator's | ||
driver's license to the owner or person in charge of the property[ |
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SECTION 21. Effective September 1, 2019, Section | ||
550.062(b), Transportation Code, is amended to read as follows: | ||
(b) The report required by Subsection (a) must be filed | ||
electronically with the department not later than the 10th day | ||
after the date of the accident. | ||
SECTION 22. Section 550.064(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) An accident report form prepared by the department must: | ||
(1) require sufficiently detailed information to | ||
disclose the cause and conditions of and the persons and vehicles | ||
involved in an accident if the form is for the report to be made by a | ||
person [ |
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(2) include a way to designate and identify a peace | ||
officer, firefighter, or emergency medical services employee who is | ||
involved in an accident while driving a law enforcement vehicle, | ||
fire department vehicle, or emergency medical services vehicle | ||
while performing the person's duties; | ||
(3) require a statement by a person described by | ||
Subdivision (2) as to the nature of the accident; and | ||
(4) include a way to designate whether an individual | ||
involved in an accident wants to be contacted by a person seeking to | ||
obtain employment as a professional described by Section 38.01(12), | ||
Penal Code. | ||
SECTION 23. Section 550.065(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) This section applies only to the following information | ||
that is held by the department or another governmental entity: | ||
(1) a written report of an accident required under: | ||
(A) Section [ |
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(B) former Section 550.061 or 601.004 before | ||
September 1, 2017; or | ||
(2) accident report information compiled under | ||
Section 201.806. | ||
SECTION 24. Section 550.067(c), Transportation Code, is | ||
amended to read as follows: | ||
(c) A municipality by ordinance may require the person in | ||
charge of a garage or repair shop where a motor vehicle is brought | ||
if the vehicle shows evidence of having been involved in an accident | ||
described by [ |
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550.062(a) [ |
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struck by a bullet to report to a department of the municipality | ||
within 24 hours after the garage or repair shop receives the motor | ||
vehicle, giving the engine number, registration number, and the | ||
name and address of the owner or operator of the vehicle. | ||
SECTION 25. Section 550.068, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 550.068. CHANGING ACCIDENT REPORT. (a) Except as | ||
provided by Subsection (b), a change in or a modification of a | ||
written report of a motor vehicle accident prepared by a peace | ||
officer [ |
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alters a material fact in the report may be made only by the peace | ||
officer [ |
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(b) A change in or a modification of the written report of | ||
the accident may be made by a person other than the peace officer | ||
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(1) the change is made by a written supplement to the | ||
report; and | ||
(2) the written supplement clearly indicates the name | ||
of the person who originated the change. | ||
SECTION 26. Section 601.005, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 601.005. EVIDENCE IN CIVIL SUIT. A [ |
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not refer to or offer as evidence of the negligence or due care of a | ||
party: | ||
(1) an action taken by the department under this | ||
chapter; | ||
(2) the findings on which that action is based; or | ||
(3) the security or evidence of financial | ||
responsibility filed under this chapter. | ||
SECTION 27. Sections 601.007(b) and (c), Transportation | ||
Code, are amended to read as follows: | ||
(b) The provisions of this chapter[ |
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United States, this state, or a political subdivision of this state | ||
while operating a government vehicle in the course of that person's | ||
employment. | ||
(c) The provisions of this chapter, other than Section | ||
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is subject to Chapter 643. | ||
SECTION 28. Section 601.154(c), Transportation Code, is | ||
amended to read as follows: | ||
(c) In determining whether there is a reasonable | ||
probability that a judgment will be rendered against the person as a | ||
result of an accident and the amount of security that is sufficient | ||
under Subsection (a), the department may consider: | ||
(1) a report of an investigating officer; and | ||
(2) [ |
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facts. | ||
SECTION 29. Section 707.004(f), Transportation Code, is | ||
amended to read as follows: | ||
(f) Not later than December 1 of each year, the department | ||
shall publish on the department's Internet website the information | ||
submitted by a local authority under Subsection (d). | ||
SECTION 30. Sections 730.003(4) and (6), Transportation | ||
Code, are amended to read as follows: | ||
(4) "Motor vehicle record" means a record that | ||
pertains to a motor vehicle operator's or driver's license or | ||
permit, motor vehicle registration, motor vehicle title, or | ||
identification document issued by an agency of this state or a local | ||
agency authorized to issue an identification document. The term | ||
does not include: | ||
(A) a record that pertains to a motor carrier; or | ||
(B) an accident report prepared under: | ||
(i) Chapter 550; or | ||
(ii) former Section 601.004 before | ||
September 1, 2017 [ |
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(6) "Personal information" means information that | ||
identifies a person, including an individual's photograph or | ||
computerized image, social security number, driver identification | ||
number, name, address, but not the zip code, telephone number, and | ||
medical or disability information. The term does not include: | ||
(A) information on vehicle accidents, driving or | ||
equipment-related violations, or driver's license or registration | ||
status; or | ||
(B) information contained in an accident report | ||
prepared under: | ||
(i) Chapter 550; or | ||
(ii) former Section 601.004 before | ||
September 1, 2017 [ |
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SECTION 31. Section 2167.001(a), Government Code, is | ||
amended to read as follows: | ||
(a) This chapter applies to: | ||
(1) office space; | ||
(2) warehouse space; | ||
(3) laboratory space; | ||
(4) storage space exceeding 1,000 gross square feet; | ||
(5) boat storage space; | ||
(6) aircraft hangar space other than hangar space and | ||
adjacent space leased by the Texas Department of Transportation | ||
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Airport and operated for the purpose of providing air | ||
transportation services for the State of Texas; | ||
(7) vehicle parking space; and | ||
(8) a combination of those kinds of space. | ||
SECTION 32. Section 2175.191(c), Government Code, is | ||
amended to read as follows: | ||
(c) Proceeds from the sale of surplus and salvage property | ||
of the Texas Department of Transportation relating to the | ||
department's duties under Chapter 2205 [ |
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SECTION 33. The heading to Subchapter A, Chapter 2205, | ||
Government Code, is amended to read as follows: | ||
SUBCHAPTER A. [ |
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SECTION 34. Section 2205.002(1), Government Code, is | ||
amended to read as follows: | ||
(1) "Department [ |
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Transportation [ |
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SECTION 35. Section 2205.012, Government Code, is amended | ||
to read as follows: | ||
Sec. 2205.012. STAFF. [ |
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employ and compensate staff as provided by legislative | ||
appropriation or may use staff provided by the comptroller or the | ||
state auditor's office. | ||
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SECTION 36. Section 2205.032, Government Code, is amended | ||
to read as follows: | ||
Sec. 2205.032. CUSTODY, CONTROL, OPERATION, AND | ||
MAINTENANCE. (a) The department [ |
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the custody, control, operation, and maintenance of all aircraft | ||
owned or leased by the state. | ||
(b) The department [ |
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appropriated for that purpose. | ||
(c) As part of the strategic plan that the department | ||
[ |
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[ |
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The department [ |
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long-range plan in the department's [ |
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appropriations request if the department identifies the need for | ||
additional appropriations and the additional appropriations are | ||
related to the department's duties under this chapter. The | ||
long-range plan must include: | ||
(1) estimates of future aircraft replacement needs and | ||
other fleet management needs, including: | ||
(A) any projected need to increase or decrease | ||
the number of aircraft in the pool; | ||
(B) estimates of the remaining useful life for | ||
each aircraft in the pool; and | ||
(C) a proposed schedule for replacing aircraft in | ||
the pool; | ||
(2) a range of alternatives and scenarios for the | ||
number and types of aircraft in the pool; | ||
(3) an analysis of current usage of aircraft in the | ||
pool, including customer base and documented rationale for use; | ||
(4) the status of maintenance time and costs and | ||
projected future trends regarding maintenance time and costs; | ||
(5) any documented high-risk mechanical issues with | ||
aircraft in the pool; | ||
(6) an analysis of the costs and benefits of different | ||
methods for meeting air transportation currently provided by the | ||
department under Section 2205.036, including: | ||
(A) the potential use of statewide contracts for | ||
private charter aircraft services; | ||
(B) increased reliance on commercial carriers | ||
for routine travel; | ||
(C) decreasing the number of aircraft in the pool | ||
and increasing the use of contracted flight services; and | ||
(D) any other method the department considers | ||
feasible; and | ||
(7) an analysis of the impact of including capital | ||
recovery costs in the rates the department charges under Section | ||
2205.040 that, at a minimum, includes the impact of those included | ||
costs on customer utilization and the department's schedule for | ||
replacing aircraft in the pool. | ||
(d) In developing the long-range plan, the department | ||
[ |
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(1) how much the aircraft is used and the purposes for | ||
which the aircraft [ |
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(2) the cost of operating the aircraft and the revenue | ||
generated by the aircraft; and | ||
(3) the demand for the aircraft or for that type of | ||
aircraft. | ||
(e) The department shall update the long-range plan | ||
annually and make the plan available on the department's Internet | ||
website. | ||
SECTION 37. Section 2205.034, Government Code, is amended | ||
to read as follows: | ||
Sec. 2205.034. FACILITIES. (a) The department [ |
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acquire appropriate facilities for the accommodation of all | ||
aircraft owned or leased by the state. The facilities may be | ||
purchased or leased as determined by the department [ |
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most economical for the state and as provided by legislative | ||
appropriations. The facilities may include adequate hangar space, | ||
an indoor passenger waiting area, a flight-planning area, | ||
communications facilities, and other related and necessary | ||
facilities. | ||
(b) A state agency that operates an aircraft may not use a | ||
facility in Austin other than a facility operated by the department | ||
[ |
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aircraft, whether or not the aircraft is based in Austin. In a | ||
situation the department [ |
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department [ |
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Austin other than a department [ |
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parking, fueling, or maintenance of an aircraft. | ||
SECTION 38. Section 2205.035, Government Code, is amended | ||
to read as follows: | ||
Sec. 2205.035. AIRCRAFT LEASES. (a) The department | ||
[ |
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state agency. | ||
(b) A state agency that is the prior owner or lessee of an | ||
aircraft has the first option to lease that aircraft from the | ||
department [ |
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(c) The lease may provide for operation or maintenance by | ||
the department [ |
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(d) A state agency may not expend appropriated funds for the | ||
lease of an aircraft unless the department [ |
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lease or approves the lease [ |
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(e) A state agency may not use money appropriated by the | ||
legislature to rent or lease aircraft except from the department | ||
[ |
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subsection and Subsection (f), payments of mileage reimbursements | ||
provided for by the General Appropriations Act are not rentals or | ||
leases of aircraft. | ||
(f) If the department [ |
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state-owned aircraft is available to meet a transportation need | ||
that has arisen or that a rental or lease of aircraft would reduce | ||
the state's transportation costs, the department [ |
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authorize a state agency to expend funds for the rental or lease of | ||
aircraft, which may include a helicopter. | ||
SECTION 39. Section 2205.036, Government Code, is amended | ||
to read as follows: | ||
Sec. 2205.036. PASSENGER TRANSPORTATION. (a) The | ||
department [ |
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extent that its aircraft are available, to: | ||
(1) state officers and employees who are traveling on | ||
official business according to the coordinated passenger | ||
scheduling system and the priority scheduling system developed as | ||
part of the aircraft operations manual under Section 2205.038; | ||
(2) persons in the care or custody of state officers or | ||
employees described by Subdivision (1); and | ||
(3) persons whose transportation furthers official | ||
state business. | ||
(b) The department [ |
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transportation to a passenger if the passenger is to be transported | ||
to or from a place where the passenger: | ||
(1) will make or has made a speech not related to | ||
official state business; | ||
(2) will attend or has attended an event sponsored by a | ||
political party; | ||
(3) will perform a service or has performed a service | ||
for which the passenger is to receive an honorarium, unless the | ||
passenger reimburses the department [ |
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transportation; | ||
(4) will attend or has attended an event at which money | ||
is raised for private or political purposes; or | ||
(5) will attend or has attended an event at which an | ||
audience was charged an admission fee to see or hear the passenger. | ||
(c) The department [ |
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transportation to a destination unless: | ||
(1) the destination is not served by a commercial | ||
carrier; | ||
(2) the aircraft transportation is the most | ||
cost-effective travel arrangement in accordance with Section | ||
660.007(a) [ |
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(3) the number of passengers traveling makes the use | ||
of a state aircraft cost-effective; or | ||
(4) emergency circumstances necessitate the use of a | ||
state aircraft. | ||
(d) Before the executive director of the department or the | ||
director's designee may authorize a person to use a state-operated | ||
aircraft, the person must sign an affidavit stating that the person | ||
is traveling on official state business. On filing of the | ||
affidavit, the person may be authorized to use state-operated | ||
aircraft for official state business for a period of one year. A | ||
member of the legislature is not required to receive any other | ||
additional authorization to use a state-operated aircraft. | ||
(e) Before the executive director of the department or the | ||
director's designee may authorize an employee of a state agency to | ||
use a state-operated aircraft, the administrative head of the state | ||
agency must certify that the employee's transportation complies | ||
with the requirements of this section. | ||
SECTION 40. Section 2205.038, Government Code, is amended | ||
to read as follows: | ||
Sec. 2205.038. AIRCRAFT OPERATIONS MANUAL. (a) The | ||
department [ |
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(1) prepare a manual that establishes minimum | ||
standards for the operation of aircraft by state agencies; and | ||
(2) adopt procedures for the distribution of the | ||
manual to state agencies. | ||
(b) The manual must include provisions for: | ||
(1) pilot certification standards, including medical | ||
requirements for pilots; | ||
(2) recurring training programs for pilots; | ||
(3) general operating and flight rules; | ||
(4) coordinated passenger scheduling; and | ||
(5) other issues the department [ |
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necessary to ensure the efficient and safe operation of aircraft by | ||
a state agency. | ||
(c) The department [ |
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written advice of state agencies the department [ |
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are principal users of aircraft operated by the department [ |
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and, to the extent practicable, incorporate that advice in the | ||
development of the manual and subsequent changes to the manual. | ||
(d) The department [ |
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elected by statewide election priority in the scheduling of | ||
aircraft. The department [ |
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notice by the officer to obtain the priority in scheduling. | ||
SECTION 41. Section 2205.039, Government Code, is amended | ||
to read as follows: | ||
Sec. 2205.039. TRAVEL LOG. (a) The Legislative Budget | ||
Board, in cooperation with the department [ |
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(1) a travel log form for gathering information about | ||
the use of state-operated aircraft; | ||
(2) procedures to ensure that individuals who travel | ||
as passengers on or operate state-operated aircraft provide in a | ||
legible manner the information requested of them by the form; and | ||
(3) procedures for each state agency that operates an | ||
aircraft for sending the form to the department [ |
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Legislative Budget Board. | ||
(b) The travel log form must request the following | ||
information about a state-operated aircraft each time the aircraft | ||
is flown: | ||
(1) a mission statement, which may appear as a | ||
selection to be identified from general categories appearing on the | ||
form; | ||
(2) the name, state agency represented, destination, | ||
and signature of each person who is a passenger or crew member of | ||
the aircraft; | ||
(3) the date of each flight; | ||
(4) a detailed and specific description of the | ||
official business purpose of each flight; and | ||
(5) other information determined by the Legislative | ||
Budget Board and the department [ |
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the proper use of the aircraft. | ||
(c) A state agency other than the department [ |
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to the department on an annual basis. An agency is not required to | ||
file a travel log with the department if the agency did not operate | ||
an aircraft during the period covered by the travel log. | ||
SECTION 42. Section 2205.040, Government Code, is amended | ||
to read as follows: | ||
Sec. 2205.040. RATES AND BILLING PROCEDURES; ACCOUNT FOR | ||
CAPITAL REPLACEMENT COSTS. (a) Subject to Subsection (b), the | ||
department [ |
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services that are sufficient to recover, in the aggregate and to the | ||
extent possible, all direct costs for the services provided, | ||
including a state agency's pro rata share of major maintenance, | ||
overhauls of equipment and facilities, and pilots' salaries. | ||
(b) If the department's most recent long-term plan contains | ||
an analysis under Section 2205.032(c)(7) that finds that including | ||
capital recovery costs in the rates the department charges under | ||
this section is a practicable fleet replacement strategy, the | ||
department may adopt rates for interagency aircraft services | ||
provided by the department that are sufficient to recover, in the | ||
aggregate and to the extent possible: | ||
(1) all direct costs for services provided, as | ||
provided by Subsection (a); and | ||
(2) the capital costs of replacing aircraft in the | ||
pool. | ||
(c) The Legislative Budget Board, in cooperation with the | ||
department [ |
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procedure for passenger travel on state-operated aircraft. | ||
(d) If the department adopts rates under Subsection (b), the | ||
portion of the rates collected for the capital costs of replacing | ||
aircraft in the pool shall be deposited in a separate account in the | ||
state highway fund. Money in the account may be used only for the | ||
acquisition of aircraft for the pool operated by the department | ||
under Section 2205.032. | ||
SECTION 43. Section 2205.041, Government Code, is amended | ||
to read as follows: | ||
Sec. 2205.041. AIRCRAFT USE FORM. (a) The department | ||
[ |
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(1) an annual aircraft use form for gathering | ||
information about the use of state-operated aircraft, including the | ||
extent to which and the methods by which the goal provided by | ||
Section 2205.031(b) is being met; and | ||
(2) procedures for each state agency that operates an | ||
aircraft for sending the form to the department. | ||
(b) The aircraft use form must request the following | ||
information about each aircraft a state agency operates: | ||
(1) a description of the aircraft; | ||
(2) the date purchased or leased and the purchase | ||
price or lease cost; | ||
(3) the number of annual hours flown; | ||
(4) the annual operating costs; | ||
(5) the number of flights and the destinations; | ||
(6) the travel logs prepared under Section 2205.039; | ||
and | ||
(7) any other information the department [ |
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cost-efficient use of the aircraft. | ||
SECTION 44. Section 2205.042, Government Code, is amended | ||
to read as follows: | ||
Sec. 2205.042. PILOTS. An individual who is not a pilot | ||
employed by the department [ |
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aircraft unless the department [ |
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specific exemption from that requirement. | ||
SECTION 45. Section 2205.043(b), Government Code, is | ||
amended to read as follows: | ||
(b) The department [ |
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with federal regulations and Section 3101.001, governing the color, | ||
size, and location of marks of identification required by this | ||
section. | ||
SECTION 46. Section 2205.044, Government Code, is amended | ||
to read as follows: | ||
Sec. 2205.044. FUEL AND MAINTENANCE CONTRACTS. The | ||
department [ |
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governmental agency or a political subdivision to provide aircraft | ||
fuel or to provide aircraft maintenance services. | ||
SECTION 47. Section 2205.045(a), Government Code, is | ||
amended to read as follows: | ||
(a) The department [ |
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protect the department [ |
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theft, or destruction of aircraft owned or leased by the state and | ||
shall purchase liability insurance to protect the officers and | ||
employees of each state agency from loss arising from the operation | ||
of state-owned aircraft. | ||
SECTION 48. Section 2205.046, Government Code, is amended | ||
to read as follows: | ||
Sec. 2205.046. AIRCRAFT FOR FLIGHT TRAINING PROGRAMS. (a) | ||
The department [ |
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institute or other public postsecondary educational institution | ||
for use in the institution's flight training program. Except as | ||
provided by this section, the department [ |
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responsibility for continued maintenance of aircraft transferred | ||
under this section. | ||
(b) As a condition to the transfer of the aircraft, the | ||
institution must certify in writing to the department [ |
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the institution will accept full responsibility for maintenance of | ||
the aircraft and that it will be properly maintained while in the | ||
custody and control of the institution. The department [ |
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entitled to inspect the aircraft without notice for the purpose of | ||
ensuring [ |
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(c) The department [ |
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and control of a transferred aircraft on a finding by the department | ||
[ |
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(1) the aircraft is not being properly maintained; | ||
(2) the aircraft is being used for a purpose other than | ||
flight training; or | ||
(3) the institution has discontinued its flight | ||
training program. | ||
SECTION 49. Section 2205.047, Government Code, is amended | ||
to read as follows: | ||
Sec. 2205.047. INFORMATION POSTED ON THE INTERNET. The | ||
department [ |
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other services provided by the department [ |
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website [ |
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site must be generally accessible to state agencies, persons who | ||
use the department's [ |
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appropriate, the general public. | ||
SECTION 50. The following provisions are repealed: | ||
(1) Sections 2205.003, 2205.004, 2205.005, 2205.006, | ||
2205.007, 2205.008, 2205.009, 2205.010, 2205.011, 2205.013, | ||
2205.014, 2205.015, and 2205.017, Government Code; and | ||
(2) Sections 201.404(b-2), 550.061, and 601.004, | ||
Transportation Code. | ||
SECTION 51. (a) Except as provided by Subsection (b) of | ||
this section, Section 201.059, Transportation Code, as amended by | ||
this Act, applies to a member of the Texas Transportation | ||
Commission appointed before, on, or after the effective date of | ||
this Act. | ||
(b) A member of the Texas Transportation Commission who, | ||
before the effective date of this Act, completed the training | ||
program required by Section 201.059, Transportation Code, as that | ||
law existed before the effective date of this Act, is only required | ||
to complete additional training on the subjects added by this Act to | ||
the training program as required by Section 201.059, Transportation | ||
Code, as amended by this Act. A member of the commission described | ||
by this subsection may not vote, deliberate, or be counted as a | ||
member in attendance at a meeting of the commission held on or after | ||
December 1, 2017, until the member completes the additional | ||
training. | ||
SECTION 52. (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 Department | ||
of Transportation shall adopt the first long-range plan containing | ||
the information required by Section 2205.032(c), Government Code, | ||
as amended by this Act. | ||
(c) 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 53. This Act takes effect September 1, 2017. |