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	Amend CSHB 300 by adding the following appropriately numbered 
ARTICLE to the bill and renumbering subsequent ARTICLES of the bill 
accordingly:
	ARTICLE ____. DETERMINATION OF PRIMACY FOR TOLL PROJECT DEVELOPMENT
	SECTION ____.01. Subchapter A, Chapter 228, Transportation 
Code, is amended by adding Section 228.0112 to read as follows:
	Sec. 228.0112.  DETERMINATION OF PRIMACY FOR TOLL PROJECTS 
IN CERTAIN AREAS.  (a) In this section "local toll project entity" 
means an entity, other than the department, that is authorized by 
law to acquire, design, construct, finance, operate, and maintain a 
toll project, including:
		(1)  a regional tollway authority under Chapter 366;                   
		(2)  a regional mobility authority under Chapter 370; 
or             
		(3)  a county acting under Chapter 284.                                
	(b)  A transaction involving a local toll project entity 
under Section 228.011, Section 228.0111, or other applicable law 
that provides for a process under which a local toll project entity 
has the first option to develop, finance, construct and operate the 
toll project is not primarily commercial in nature but is an 
inherently governmental transaction whose purpose is to determine 
governmental jurisdiction, ownership, control, or other 
responsibilities with respect to a project.
	(c) Any determination of value, including best value, under 
this Section 228.011, Section 228.0111, or other applicable federal 
or state law for a comprehensive development agreement or other 
public-private partnership arrangement involving a toll project 
for which a local toll project entity has exercised its rights to 
develop the toll project and has complied with all applicable 
conditions in Section 228.011, Section 228.0111 or other applicable 
law that provides for a process under which the local toll project 
entity has the first option to develop, finance, construct and 
operate the toll project must take into consideration factors the 
entity determines appropriate, including factors related to:
		(1)  oversight of the toll project;                                    
		(2)  maintenance and operations costs of the toll 
project;           
		(3)  the structure and rates of tolls;                                 
		(4)  economic development impacts of the toll project; 
and           
		(5)  social and environmental benefits and impacts of 
the toll project.
	(d)  Notwithstanding Section 228.011(a), Section 228.011 
applies to a local toll project entity and any toll project located 
in the territory of a local toll project entity following the 
expiration of the date provided in Section 228.0111(r), unless the 
toll project is subject to other law that provides for a process 
under which the local toll project entity has the first option to 
develop, finance, construct and operate the toll project. For the 
purposes of applying Section 228.011, the provisions of that 
section referencing a county are  applicable to a local toll project 
entity to the same extent as a county, regardless of whether the 
local toll project entity is acting under Chapter 284, Chapter 366, 
or Chapter 370.