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Amend CSHB 300 (Senate committee printing) as follows:
(1) In SECTION 1.18 of the bill, added Section 223.0411(a),
Transportation Code (page 7, lines 40 and 41), strike added
Subdivisions (3) and (4) and substitute the following:
(3) the Associated General Contractors of Texas; and
(4) the Texas Consultant Engineering Council.
(2) In SECTION 1.24 of the bill, amended Section 228.055(b),
Transportation Code (page 9, line 55), strike "30th" and substitute
"90th".
(3) In SECTION 2.06 of the bill, added Section 201.808,
Transportation Code (page 19, lines 9 through 16), strike added
Subsection (g) and substitute the following:
(g) The transportation project and performance reporting
system established under Subsection (b) must include:
(1) information relating to each source of the
department's funds, including the identification of revenue from
each comprehensive development agreement or toll project; and
(2) information relating to all expenditures of the
department by type of expenditure, as described in the
comptroller's statewide accounting system, and reported for all
applicable organizational groups and categories, including:
(A) the entire department;
(B) each department division;
(C) each department district; and
(D) each program funding category for project
expenses.
(4) In SECTION 2.10 of the bill, added Section 472.0331(b),
Transportation Code (Page 25, line 3), strike "must" and substitute
"may".
(5) In SECTION 2.12 of the bill, added Section 472.153(a),
Transportation Code (page 25, line 52), strike "must" and
substitute "may".
(6) In SECTION 3.01 of the bill, added Section 201.605(i),
Transportation Code (page 27), strike lines 34 through 36 and
substitute the following:
(i) The commission by rule shall provide for notice to
owners of adjoining property and affected local governments and
public officials and provide an opportunity for comment on a state
highway project
(7) In SECTION 4.03 of the bill, amended Section 223.201(a),
Transportation Code (page 30), strike lines 29 through 32 and
substitute the following:
operate, extend, or expand a state highway[:
[(1) toll project;
[(2) facility or a combination of facilities on the
Trans-Texas Corridor;
(8) Add the following appropriately numbered SECTION to
ARTICLE 4 of the bill and renumber subsequent SECTIONS of that
article accordingly:
SECTION ____. Subchapter E, Chapter 223, Transportation
Code, is amended by adding Section 223.2011 to read as follows:
Sec. 223.2011. COMPREHENSIVE DEVELOPMENT AGREEMENTS IN
CERTAIN COUNTIES FOR CERTAIN PROJECTS. (a) In this section,
"region" means a county with a population of 3.3 million or more and
the counties adjacent to that county.
(b) This section applies only to:
(1) the portion of IH 69 and any successor project
located in:
(A) a county with a population of 3.3 million or
more; or
(B) any adjacent county;
(2) a comprehensive development agreement or related
agreement entered into by the department in connection with the
project under Subdivision (1); and
(3) a toll project or other project in the region the
revenues or assets of which are to be used in connection with the
financing of a project under Subdivision (1).
(c) Any payments, project savings, refinancing dividends,
and any other revenue, including surplus revenue, received by the
commission or the department under the comprehensive development
agreement or any related agreement, and any revenue attributable to
any toll project or other project in the region described by
Subsection (b)(3), may be used only to pay the costs or to finance
the construction, maintenance, or operation of transportation
projects or air quality projects in the region.
(d) The private entity that is a party to the comprehensive
development agreement does not have any right under the agreement
or any related agreement that conflicts with, infringes on, or
impairs the rights of any county with respect to the development or
operation of any project under Section 228.011 or 228.0111 or other
applicable law that provides for a process under which the county
has the first option to develop and operate a project.
(e) A comprehensive development agreement and any related
agreement that includes a provision that grants a private entity
the right to finance and develop a toll project in the region or to
collect and receive toll revenue from a toll project in the region
is not effective unless the agreement complies with this section.
(9) In SECTION 4.06 of the bill, amended Section 223.208(e),
Transportation Code (page 31, line 14), strike "or Section
227.023(c)" and substitute "[or Section 227.023(c)]".
(10) Immediately after SECTION 4.10 of the bill (page 33,
between lines 2 and 3) insert the following:
SECTION 4.11. The change in law made by this article to
Section 223.201(a), Transportation Code, does not apply to a
comprehensive development agreement entered into by the Texas
Department of Transportation under Section 227.023, Transportation
Code, before the effective date of this Act. A comprehensive
development agreement entered into under Section 227.023,
Transportation Code, before the effective date of this Act is
governed by the law in effect on the date the agreement was entered
into, and the former law is continued in effect for that purpose.
(11) In SECTION 7.01 of the bill, added Section 1003.002(a),
Transportation Code (page 45, line 42), strike "or the department".
(12) Between ARTICLES 14 and 16 of the bill (page 69,
between lines 3 and 4) insert the following:
ARTICLE 15. TEXAS MOBILITY FUND
SECTION 15.01. Sections 201.943(b), (e), and (f),
Transportation Code, are amended to read as follows:
(b) Obligations must be secured by and payable from a pledge
of and lien on all or part of the money in the fund, including
revenues of this state that are dedicated or appropriated for
deposit to fund. Obligations may be additionally secured by and
payable from credit agreements. The commission may pay amounts due
on the obligations from discretionary money available to it that is
not dedicated to or appropriated for other specific purposes.
(e) Long-term obligations in the amount proposed to be
issued by the commission may not be issued unless the comptroller
projects in a comptroller's certification that the amount of money
dedicated to the fund pursuant to Section 49-k(e), Article III,
Texas Constitution, and required to be on deposit in the fund
pursuant to Section 49-k(f), Article III, Texas Constitution,
together with any other money or revenue that the commission
pledges or otherwise commits for those purposes, including receipts
from credit agreements and money received or to be received from the
federal government, and the investment earnings on [that] money in
the fund, during each year of the period during which the proposed
obligations are scheduled to be outstanding will be equal to at
least 110 percent of the requirements to pay the principal of and
interest on the proposed long-term obligations during that year.
(f) Short-term obligations in the amount proposed by the
commission may not be issued unless the comptroller, in a
comptroller's certification:
(1) assumes that the short-term obligations will be
refunded and refinanced to mature over a 20-year period with level
principal requirements and bearing interest at then current market
rates, as determined by the comptroller; and
(2) projects that the amount of money dedicated to the
fund pursuant to Section 49-k(e), Article III, Texas Constitution,
and required to be on deposit in the fund pursuant to Section
49-k(f), Article III, Texas Constitution, together with any other
money or revenue that the commission pledges or otherwise commits
for those purposes, including receipts from credit agreements and
money received or to be received from the federal government, and
the investment earnings on [that] money in the fund, during each
year of the assumed 20-year period will be equal to at least 110
percent of the requirements to pay the principal of and interest on
the proposed refunding obligations during that year.
SECTION 15.02. This article takes effect immediately if
this Act 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 article takes effect September 1, 2009.
(13) In ARTICLE 19 of the bill, strike SECTION 19.07 (page
83, lines 42 through 58) and renumber subsequent SECTIONS of that
article accordingly.
(14) In the recital to SECTION 19.09 of the bill (page 83,
line 67), strike ", (e),".
(15) In SECTION 19.09 of the bill, amended Section 223.208,
Transportation Code (page 84, lines 6 through 22), strike amended
Subsection (e).
(16) In SECTION 26.07(a) of the bill (page 101, line 42),
strike "Act" and substitute "article".
(17) In SECTION 26.07(b) of the bill (page 102, line 7),
strike "Act" and substitute "article".
(18) In SECTION 26.08 of the bill (page 102, lines 9, 11, and
13), strike "Act" and substitute "article".
(19) Immediately after SECTION 26.08 of the bill (page 102,
between lines 14 and 15), insert the following:
SECTION 26.09. This article takes effect immediately if
this Act 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 article takes effect September 1, 2009.
(20) In SECTION 27.08 of the bill (page 109, lines 36, 38,
and 40), strike "Act" and substitute "article".
(21) Immediately after SECTION 27.08 of the bill (page 109,
between lines 41 and 42), insert the following:
SECTION 27.09. This article takes effect immediately if
this Act 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 article takes effect September 1, 2009.
(22) In SECTION 28.02(a) of the bill (page 110, line 6),
strike "Act" and substitute "article".
(23) In Section 28.02(b) of the bill (page 110, line 24),
strike "Act" and substitute "article".
(24) Immediately after SECTION 28.02 of the bill (page 110,
between lines 25 and 26), insert the following:
SECTION 28.03. This article takes effect immediately if
this Act 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 article takes effect September 1, 2009.
(25) Immediately after SECTION 30.01 of the bill (page 113,
between lines 23 and 24), insert the following:
SECTION 30.02. This article takes effect immediately if
this Act 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 article takes effect September 1, 2009.
(26) In SECTION 31.03 of the bill (page 114, lines 18, 20,
and 21), strike "Act" and substitute "article".
(27) Immediately after SECTION 31.03 of the bill (page 114,
between lines 22 and 23), insert the following:
SECTION 31.04. This article takes effect immediately if
this Act 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 article takes effect September 1, 2009.