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A BILL TO BE ENTITLED
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AN ACT
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relating to categories of and funding allocation for transportation |
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projects by the Texas Department of Transportation and local |
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transportation entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter P, Chapter 201, Transportation Code, |
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is amended by adding Sections 201.9901 and 201.9902 to read as |
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follows: |
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Sec. 201.9901. DEFINITIONS. In this subchapter: |
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(1) "Planning organization" means: |
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(A) a metropolitan planning organization; or |
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(B) for an area that is not within the boundaries |
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of a metropolitan planning organization, the department district |
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that serves the area. |
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(2) "Region" means the area for which a planning |
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organization develops plans under this subchapter. |
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(3) "Transportation official" means an official in a |
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political subdivision who has responsibility for planning and |
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implementation of transportation projects. |
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Sec. 201.9902. UPDATE TO TRANSPORTATION FUNDING CATEGORIES |
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AND ALLOCATION FORMULAS. (a) Not later than October 1, 2015, the |
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commission shall initiate a process to review the categories and |
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formulas adopted under Sections 201.991(b)(2) and 201.996. |
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(b) The review process must include an effort by the |
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department to seek the collective input of all planning |
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organizations in the state. The department shall convene meetings |
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as necessary to facilitate discussions among planning |
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organizations that will result in a consensus recommendation among |
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a majority of the planning organizations as to updated funding |
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categories and funding allocation formulas. |
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(c) Not later than May 1, 2016, the commission shall adopt |
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rules implementing updated funding categories and funding |
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allocation formulas. To the extent that the adopted categories or |
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funding allocation formulas differ from the consensus |
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recommendations of the planning organizations, the commission must |
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provide a detailed written explanation for the differences. The |
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explanation must be made available on the department's Internet |
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website. |
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(d) This section expires September 1, 2017. |
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SECTION 2. Subchapter P, Chapter 201, Transportation Code, |
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is amended by adding Sections 201.9911, 201.9921, 201.9931, and |
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201.9932 to read as follows: |
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Sec. 201.9911. PLANNING ORGANIZATION 10-YEAR PLAN. (a) |
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Each planning organization shall develop a 10-year transportation |
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plan for the use of the funding allocated to the region. The |
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department shall assist the planning organizations by providing in |
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a timely manner such information as is reasonably requested by the |
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planning organizations. |
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(b) The plan must identify the items described by Section |
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201.993(d) as applicable to the planning organization and the |
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funding of transportation projects in the region. |
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(c) The first four years of the plan shall be developed to |
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meet the transportation improvement plan requirements of 23 U.S.C. |
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Section 134 or 135, as applicable. |
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(d) For an area that is not within the boundaries of a |
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metropolitan planning organization, the department district shall |
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develop the 10-year transportation plan with input from municipal |
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and county elected officials and transportation officials in the |
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region. |
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Sec. 201.9921. TEN-YEAR CASH FLOW PROJECTION. (a) Not |
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later than September 1 of each odd-numbered year, the department's |
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chief financial officer shall prepare and publish a cash flow |
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forecast for a period of not less than 10 years. |
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(b) The forecast must identify: |
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(1) the aggregate amount of all sources of funding |
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available for eligible transportation projects; |
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(2) the amount previously committed to eligible |
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transportation projects based on actions of the commission; |
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(3) the amount not committed to projects but that the |
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department anticipates allocating during the forecast period |
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through formulas adopted under Section 201.996; |
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(4) the amount the department anticipates allocating |
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during the forecast period through discretionary decisions of the |
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commission; and |
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(5) the sources of all funds projected to be available |
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during the forecast period, including bond proceeds, and an |
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estimation of debt service payments associated with the bond |
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proceeds. |
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(c) The first two years of the forecast must be based on the |
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appropriation of funds in the General Appropriations Act for the |
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department for that biennium. |
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Sec. 201.9931. PLANNING ORGANIZATION PROJECT SELECTION AND |
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PRIORITIZATION. (a) Each planning organization shall select |
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projects in its region and prioritize them using the criteria |
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developed under Section 201.9932. |
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(b) For an area not located within the boundaries of a |
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metropolitan planning organization, the applicable department |
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district shall select projects and prioritize them with input from |
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municipal and county elected officials and transportation |
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officials using the criteria developed under Section 201.9932. |
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(c) The department shall compile the project selections of |
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the planning organizations to develop the statewide transportation |
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plan in accordance with 23 U.S.C. Section 135. |
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Sec. 201.9932. PROJECT SELECTION CRITERIA. Each planning |
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organization shall develop its own project selection criteria, |
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which must include consideration of: |
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(1) projected improvements to congestion and safety; |
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(2) projected effects on economic development |
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opportunities for residents of the region; |
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(3) available funding, including locally generated |
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funding; |
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(4) effects on the environment, including air quality; |
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(5) socioeconomic effects; and |
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(6) any other factors deemed appropriate by the |
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planning organization. |
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SECTION 3. Section 201.996, Transportation Code, is amended |
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by adding Subsection (d) to read as follows: |
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(d) Before transferring funds between categories by any |
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method outside the established formulas or before transferring |
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funds subject to discretion of the department, the commission shall |
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hold a public hearing on the transfer of those funds. Not later |
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than the 30th day before the date of a hearing held under this |
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section, the commission shall provide a written explanation of the |
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transfer, including the need and justification for the deviation |
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from the formula allocation or use of discretionary funds. |
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SECTION 4. Subchapter P, Chapter 201, Transportation Code, |
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is amended by adding Section 201.9961 to read as follows: |
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Sec. 201.9961. USE OF ADDITIONAL REVENUE AND BOND PROCEEDS |
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FOR CERTAIN PROJECTS. (a) If money from the general revenue fund |
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or state highway fund is appropriated to the department for the |
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state fiscal biennium beginning September 1, 2015, in an amount |
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that exceeds the appropriation from those funds to the department |
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for the previous fiscal biennium, or if a constitutional amendment |
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providing additional money to the department is adopted, the |
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commission may use the additional money to finance projects that |
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would otherwise be financed using proceeds from: |
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(1) the sale and issuance of bonds and other public |
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securities secured by the state highway fund under Section 49-n, |
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Article III, Texas Constitution, as proposed by H.J.R. 28, 78th |
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Legislature, Regular Session, 2003; or |
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(2) general obligation bonds issued under Section |
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49-p, Article III, Texas Constitution. |
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(b) The commission shall determine whether the unused |
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proceeds from bonds described by Subsection (a) may be used to |
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finance projects, in addition to those allocated funding under |
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Section 201.996, that reduce congestion, increase capacity, reduce |
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tolls, or promote safety. The commission shall adopt rules |
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establishing criteria for projects to be considered eligible for |
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financing under this subsection. |
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(c) Not later than the 30th day before the date the |
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commission authorizes the use of money under this section, the |
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commission shall hold a public meeting to consider that |
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authorization. |
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(d) This section expires September 1, 2017. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |