83R5489 YDB-D
 
  By: Watson, Eltife S.B. No. 507
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to public and private facilities and infrastructure.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2267.001, Government Code, as added by
  Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular
  Session, 2011, is amended by adding Subdivision (1-a) to read as
  follows:
               (1-a)  "Commission" means the Partnership Advisory
  Commission established under Chapter 2268.
         SECTION 2.  Subchapter A, Chapter 2267, Government Code, as
  added by Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature,
  Regular Session, 2011, is amended by adding Sections 2267.005,
  2267.006, and 2267.007 to read as follows:
         Sec. 2267.005.  APPLICABILITY OF MUNICIPAL ZONING
  REGULATIONS. (a) Except as provided by Subsection (b), a
  qualifying project that is to be performed or located in a
  municipality must comply with the zoning and land use regulations
  of the municipality.
         (b)  This section does not apply to a qualifying project that
  uses a building, other structure, or land under the control,
  administration, or jurisdiction of a state agency for the same
  purposes for which the state agency used the building, structure,
  or land.
         Sec. 2267.006.  CONFLICT OF INTEREST. An employee of a
  responsible governmental entity or a person related to the employee
  within the second degree by consanguinity or affinity, as
  determined under Chapter 573, may not accept money, a financial
  benefit, or other consideration from a contracting person that has
  entered into a comprehensive agreement with the responsible
  governmental entity.
         Sec. 2267.007.  PROHIBITED EMPLOYMENT WITH FORMER OR RETIRED
  GOVERNMENTAL ENTITY EMPLOYEES. (a)  A contracting person may not
  employ or enter into a professional services contract or a
  consulting services contract under Chapter 2254 with a former or
  retired employee of the responsible governmental entity with which
  the person has entered into a comprehensive agreement before the
  first anniversary of the date on which the former or retired
  employee terminates employment with the entity.
         (b)  This section does not prohibit the contracting person
  from entering into a professional services contract with a
  corporation, firm, or other business organization that employs a
  former or retired employee of the responsible governmental entity
  before the first anniversary of the date the former or retired
  employee terminates employment with the entity if the former or
  retired employee does not perform services for the corporation,
  firm, or other business organization under the comprehensive
  agreement with the responsible governmental entity that the former
  or retired employee worked on before terminating employment with
  the entity.
         SECTION 3.  Section 2267.052, Government Code, as added by
  Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular
  Session, 2011, is amended by amending Subsection (c) and adding
  Subsection (d) to read as follows:
         (c)  The guidelines of a responsible governmental entity
  described by Section 2267.001(5)(B) must include:
               (1)  [may include] the provisions required under
  Subsection (b); and
               (2)  [must include] a requirement that the governmental
  entity engage the services of qualified professionals, including an
  architect, professional engineer, or certified public accountant,
  not otherwise employed by the governmental entity, to provide
  independent analyses regarding the specifics, advantages,
  disadvantages, and long-term and short-term costs of any proposal
  requesting approval of a qualifying project unless the governing
  body of the governmental entity determines that the analysis of the
  proposal is to be performed by employees of the governmental
  entity.
         (d)  A responsible governmental entity described by Section
  2267.001(5)(B) shall submit a copy of the guidelines adopted by the
  entity under this section to the commission for approval by the
  commission. The commission shall prescribe the procedure for
  submitting the guidelines for review under this section. The
  governmental entity may not request or consider a proposal for a
  qualifying project until the guidelines are approved by the
  commission.
         SECTION 4.  Section 2267.053, Government Code, as added by
  Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular
  Session, 2011, is amended by adding Subsections (a-1) and (b-1) to
  read as follows:
         (a-1)  A responsible governmental entity that approves a
  proposal for a qualifying project under Subsection (a) shall select
  the contracting person for the project by soliciting additional
  proposals through a request for proposals or invitation to bid.
         (b-1)  A responsible governmental entity may approve a
  qualifying project that the governmental entity determines serves a
  public purpose. The governmental entity must include in the
  comprehensive agreement for the qualifying project a written
  declaration of the specific public purpose served by the project.
         SECTION 5.  The heading to Section 2267.066, Government
  Code, is amended to read as follows:
         Sec. 2267.066.  POSTING OF PROPOSALS; PUBLIC COMMENT; PUBLIC
  ACCESS TO PROCUREMENT RECORDS; FINAL VOTE.
         SECTION 6.  Section 2267.066, Government Code, is amended by
  amending Subsection (d) and adding Subsection (e-1) to read as
  follows:
         (d)  The responsible governmental entity shall hold a public
  hearing on the proposal during the proposal review process not
  later than the 30th day before the date the entity enters into an
  interim or comprehensive agreement. The public hearing shall be
  held in the area in which the proposed qualifying project is to be
  performed.
         (e-1)  After making the proposed comprehensive agreement
  available as required by Subsection (e), the responsible
  governmental entity shall hold a public hearing on the final
  version of the proposed comprehensive agreement and vote on the
  proposed comprehensive agreement after the hearing.  The hearing
  must be held not later than the 10th day before the date the entity
  enters into a comprehensive agreement with a contracting person.
         SECTION 7.  Subchapter B, Chapter 2268, Government Code, is
  amended by adding Section 2268.0585 to read as follows:
         Sec. 2268.0585.  DISAPPROVAL OF QUALIFYING PROJECT
  PROPOSALS OF CERTAIN RESPONSIBLE GOVERNMENTAL ENTITIES. The
  commission by majority vote may disapprove a qualifying project
  proposal submitted by a governmental entity described by Section
  2267.001(5)(A).
         SECTION 8.  Section 211.013(c), Local Government Code, is
  amended to read as follows:
         (c)  Except as provided by Section 2267.005, Government
  Code, this [This] subchapter does not apply to a building, other
  structure, or land under the control, administration, or
  jurisdiction of a state or federal agency.
         SECTION 9.  The changes in law made by this Act apply only to
  a qualifying project for which a proposal requesting approval of
  the qualifying project is submitted to a responsible governmental
  entity under Chapter 2267, Government Code, as amended by this Act,
  on or after the effective date of this Act.  A proposal submitted
  before that date is governed by the law in effect on the date the
  proposal was submitted, and the former law is continued in effect
  for that purpose.
         SECTION 10.  This Act takes effect September 1, 2013.