Bill Text: TX SR1246 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Suspending limitations on conference committee jurisdiction, S.B. No. 1420.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-05-28 - Reported enrolled [SR1246 Detail]
Download: Texas-2011-SR1246-Enrolled.html
By: Hinojosa | S.R. No. 1246 |
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BE IT RESOLVED by the Senate of the State of Texas, 82nd | ||
Legislature, Regular Session, 2011, That Senate Rule 12.03 be | ||
suspended in part as provided by Senate Rule 12.08 to enable the | ||
conference committee appointed to resolve the differences on | ||
Senate Bill 1420 (continuation and functions of the Texas | ||
Department of Transportation; providing penalties) to consider | ||
and take action on the following matters: | ||
(1) Senate Rule 12.03(4) is suspended to permit the | ||
committee to add text on a matter not included in either the house | ||
or senate version of the bill by adding Subchapter F-1 to Chapter | ||
201, Transportation Code, and adding a related nonamendatory | ||
provision: | ||
SECTION 15. (a) Chapter 201, Transportation Code, is | ||
amended by adding Subchapter F-1 to read as follows: | ||
SUBCHAPTER F-1. COMPLIANCE PROGRAM | ||
Sec. 201.451. ESTABLISHMENT AND PURPOSE. The commission | ||
shall establish a compliance program, which must include a | ||
compliance office to oversee the program. The compliance office | ||
is responsible for: | ||
(1) acting to prevent and detect serious breaches of | ||
departmental policy, fraud, waste, and abuse of office, | ||
including any acts of criminal conduct within the department; | ||
(2) independently and objectively reviewing, | ||
investigating, delegating, and overseeing the investigation of: | ||
(A) conduct described by Subdivision (1); | ||
(B) criminal activity in the department; | ||
(C) allegations of wrongdoing by department | ||
employees; | ||
(D) crimes committed on department property; | ||
and | ||
(E) serious breaches of department policy; | ||
(3) overseeing the operation of the telephone | ||
hotline established under Section 201.211; | ||
(4) ensuring that members of the commission and | ||
department employees receive appropriate ethics training; and | ||
(5) performing other duties assigned to the office | ||
by the commission. | ||
Sec. 201.452. INVESTIGATION OVERSIGHT. (a) The | ||
compliance office has primary jurisdiction for oversight and | ||
coordination of all investigations occurring on department | ||
property or involving department employees. | ||
(b) The compliance office shall coordinate and provide | ||
oversight for an investigation under this subchapter, but the | ||
compliance office is not required to conduct the investigation. | ||
(c) The compliance office shall continually monitor an | ||
investigation conducted within the department, and shall report | ||
to the commission on the status of pending investigations. | ||
Sec. 201.453. INITIATION OF INVESTIGATIONS. The | ||
compliance office may only initiate an investigation based on: | ||
(1) authorization from the commission; | ||
(2) approval of the director of the compliance | ||
office; | ||
(3) approval of the director or deputy executive | ||
director of the department; or | ||
(4) commission rules. | ||
Sec. 201.454. REPORTS. (a) The compliance office shall | ||
report directly to the commission regarding performance of and | ||
activities related to investigations and provide the director | ||
with information regarding investigations as appropriate. | ||
(b) The director of the compliance office shall present | ||
to the commission at each regularly scheduled commission meeting | ||
and at other appropriate times: | ||
(1) reports of investigations; and | ||
(2) a summary of information relating to | ||
investigations conducted under this subchapter that includes | ||
analysis of the number, type, and outcome of investigations, | ||
trends in investigations, and recommendations to avoid future | ||
complaints. | ||
Sec. 201.455. COOPERATION WITH LAW ENFORCEMENT OFFICIALS | ||
AND OTHER ENTITIES. (a) The director of the compliance office | ||
shall provide information and evidence relating to criminal acts | ||
to the state auditor's office and appropriate law enforcement | ||
officials. | ||
(b) The director of the compliance office shall refer | ||
matters for further civil, criminal, and administrative action | ||
to appropriate administrative and prosecutorial agencies, | ||
including the attorney general. | ||
Sec. 201.456. AUTHORITY OF STATE AUDITOR. This | ||
subchapter or other law related to the operation of the | ||
department's compliance program does not preempt the authority | ||
of the state auditor to conduct an audit or investigation under | ||
Chapter 321, Government Code, or other law. | ||
(b) Not later than January 1, 2013, the Texas Department | ||
of Transportation shall submit a report to the legislature on the | ||
effectiveness of the compliance program described by Subchapter | ||
F-1, Chapter 201, Transportation Code, as added by this Act, and | ||
any recommended changes in law to increase the effectiveness of | ||
the compliance program. | ||
Explanation: The addition of text is necessary to | ||
establish a compliance program in the Texas Department of | ||
Transportation. | ||
(2) Senate Rule 12.03(4) is suspended to permit the | ||
committee to add text on a matter not included in either the house | ||
or senate version of the bill by adding the following language to | ||
Section 222.106(i), Transportation Code: | ||
(i) . . . A municipality may issue bonds to pay all or | ||
part of the cost of the transportation project and may pledge and | ||
assign all or a specified amount of money in the tax increment | ||
account to secure repayment of those bonds. | ||
Explanation: The addition of text is necessary to allow a | ||
municipality to issue bonds to pay all or part of the cost of a | ||
transportation project and pledge and assign all or a specified | ||
amount of money in a tax increment account to secure repayment of | ||
those bonds. | ||
(3) Senate Rule 12.03(4) is suspended to permit the | ||
committee to add text on a matter not included in either the house | ||
or senate version of the bill by adding the following language to | ||
Section 222.107(f), Transportation Code: | ||
(f) The order or resolution designating an area as a | ||
transportation reinvestment zone must: | ||
. . . | ||
(5) establish an ad valorem tax increment account | ||
for the zone. | ||
Explanation: The addition of text is necessary to | ||
authorize a county to establish an ad valorem tax increment | ||
account for a transportation reinvestment zone. | ||
(4) Senate Rule 12.03(4) is suspended to permit the | ||
committee to add text on a matter not included in either the house | ||
or senate version of the bill by adding the following language to | ||
Section 222.107(h), Transportation Code: | ||
(h) The commissioners court may: | ||
(1) from taxes collected on property in a zone, pay | ||
into a tax increment account for the zone an amount equal to the | ||
tax increment produced by the county less any amounts allocated | ||
under previous agreements, including agreements under Section | ||
381.004, Local Government Code, or Chapter 312, Tax Code; | ||
. . . . | ||
Explanation: The addition of text is necessary to allow a | ||
county to pay into a tax increment account certain amounts from | ||
taxes collected on property in a transportation reinvestment | ||
zone. | ||
(5) Senate Rule 12.03(4) is suspended to permit the | ||
committee to add text on a matter not included in either the house | ||
or senate version of the bill by adding the following language to | ||
Section 222.107, Transportation Code: | ||
(i-1) In the event a county collects a tax increment, it | ||
may issue bonds to pay all or part of the cost of a transportation | ||
project and may pledge and assign all or a specified amount of | ||
money in the tax increment account to secure those bonds. | ||
Explanation: The addition of text is necessary to allow a | ||
county to issue bonds to pay all or part of the cost of a | ||
transportation project and pledge and assign all or a specified | ||
amount of money in a tax increment account to secure those bonds. | ||
(6) Senate Rule 12.03(4) is suspended to permit the | ||
committee to add text on a matter not included in either the house | ||
or senate version of the bill by adding the following provision | ||
to Subchapter E, Chapter 223, Transportation Code, and adding a | ||
related nonamendatory provision: | ||
Sec. 223.2012. NORTH TARRANT EXPRESS PROJECT PROVISIONS. | ||
(a) In this section, the North Tarrant Express project is the | ||
project described by Section 223.201(f)(3) entered into on June | ||
23, 2009. | ||
(b) The comprehensive development agreement for the | ||
North Tarrant Express project may provide for negotiating and | ||
entering into facility agreements for future phases or segments | ||
of the project at the times that the department considers | ||
advantageous to the department. | ||
(c) The department is not required to use any further | ||
competitive procurement process to enter into one or more related | ||
facility agreements with the developer or an entity controlled | ||
by, to be controlled by, or to be under common control with the | ||
developer under the comprehensive development agreement for the | ||
North Tarrant Express project. | ||
(d) A facility agreement for the North Tarrant Express | ||
project must terminate on or before June 22, 2061. A facility | ||
agreement may not be extended or renewed beyond that date. | ||
(e) The department may include or negotiate any matter in | ||
a comprehensive development agreement for the North Tarrant | ||
Express project that the department considers advantageous to | ||
the department. | ||
(f) The comprehensive development agreement for the | ||
North Tarrant Express project may provide the developer or an | ||
entity controlled by, to be controlled by, or to be under common | ||
control with the developer with a right of first negotiation | ||
under which the developer may elect to negotiate with the | ||
department and enter into one or more related facility agreements | ||
for future phases or segments of the project. | ||
(b) This Act does not validate any governmental act or | ||
decision that: | ||
(1) is inconsistent with . . . Section 223.2012, | ||
Transportation Code, as added by this Act, relating to the North | ||
Tarrant Express Project; | ||
. . . . | ||
Explanation: The addition of text is necessary to | ||
implement provisions related to the comprehensive development | ||
agreement entered into for the North Tarrant Express Project. | ||
(7) Senate Rule 12.03(4) is suspended to permit the | ||
committee to add text on a matter not included in either the house | ||
or senate version of the bill by making the following changes to | ||
Section 621.102, Transportation Code: | ||
Sec. 621.102. [ |
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WEIGHTS. (a) The executive director of the Texas Department of | ||
Transportation [ |
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weight, tandem axle weight, or gross weight of a vehicle, or | ||
maximum single axle weight, tandem axle weight, or gross weight | ||
of a combination of vehicles and loads, that may be moved over a | ||
state highway or a farm or ranch road if the executive director | ||
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deteriorate or destroy the road or a bridge or culvert along the | ||
road. A maximum weight set under this subsection may not exceed | ||
the maximum set by statute for that weight. | ||
(b) [ |
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[ |
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Transportation [ |
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section on an engineering and traffic investigation and in making | ||
the finding shall consider the width, condition, and type of | ||
pavement structures and other circumstances on the road. | ||
(c) [ |
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becomes effective on a highway or road when appropriate signs | ||
giving notice of the maximum weight or load are erected on the | ||
highway or road by the Texas Department of Transportation under | ||
order of the commission. | ||
(d) [ |
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Section 623.011, 623.071, 623.094, 623.121, 623.142, 623.181, | ||
623.192, or 623.212 may operate under the conditions authorized | ||
by the permit over a road for which the executive director of the | ||
Texas Department of Transportation [ |
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maximum weight under this section. | ||
(e) [ |
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ranch road is a state highway that is shown in the records of the | ||
commission to be a farm-to-market or ranch-to-market road. | ||
(f) [ |
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delivering groceries, farm products, or liquefied petroleum gas. | ||
Explanation: The addition of text is necessary to allow | ||
the executive director of the Texas Department of Transportation | ||
to set maximum weights for state highways, roads, and bridges. | ||
_______________________________ | ||
President of the Senate | ||
I hereby certify that the | ||
above Resolution was adopted by | ||
the Senate on May 28, 2011, by the | ||
following vote: Yeas 31, Nays 0. | ||
_______________________________ | ||
Secretary of the Senate |