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A BILL TO BE ENTITLED
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AN ACT
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relating to the funding and operations of the Texas Department of |
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Transportation and local transportation entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 201.943(a) and (l), Transportation |
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Code, are amended to read as follows: |
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(a) Subject to Subsections (e), (f), [and] (g), and (l), the |
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commission by order or resolution may issue obligations in the name |
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and on behalf of the state and the department and may enter into |
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credit agreements related to the obligations. The obligations may |
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be issued in multiple series and issues from time to time in an |
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aggregate amount not exceeding the maximum obligation amount. The |
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obligations may be issued on and may have the terms and provisions |
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the commission determines appropriate and in the interests of the |
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state. The obligations may be issued as long-term obligations, |
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short-term obligations, or both. The latest scheduled maturity of |
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an issue or series of obligations may not exceed 30 years. |
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(l) Obligations may not be issued under this section or |
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Section 49-k, Article III, Texas Constitution, after August 31, |
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2015 [if the commission or the department requires that toll roads
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be included in a regional mobility plan in order for a local
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authority to receive an allocation from the fund]. This subsection |
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expires August 31, 2017. |
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SECTION 2. Section 222.003, Transportation Code, is amended |
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by adding Subsections (l) and (m) to read as follows: |
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(l |
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) Bonds or other public securities may not be issued under |
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this section or Section 49-n, Article III, Texas Constitution, as |
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proposed by H.J.R. 28, 78th Legislature, Regular Session, 2003, |
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after August 31, 2015. This subsection expires August 31, 2017. |
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(m) The commission may use any constitutionally allowable |
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source of funding to supplant funding previously obligated under |
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this section or Section 49-n, Article III, Texas Constitution, as |
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proposed by H.J.R. 28, 78th Legislature, Regular Session, 2003. |
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This subsection expires August 31, 2017. |
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SECTION 3. Section 222.004, Transportation Code, is amended |
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by adding Subsections (j) and (k) to read as follows: |
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(j) Bonds may not be issued under this section or Section |
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49-p, Article III, Texas Constitution, after August 31, 2015. This |
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subsection expires August 31, 2017. |
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(k) The commission may use any constitutionally allowable |
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source of funding to supplant funding previously obligated under |
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this section or Section 49-p, Article III, Texas Constitution. This |
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subsection expires August 1, 2017. |
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SECTION 4. Section 201.809, Transportation Code, is amended |
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by adding Subsections (e) through (j) to read as follows: |
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(e) The department shall develop and implement, and the |
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commission shall approve, a performance-based planning and |
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programming process dedicated to providing the executive and |
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legislative branches of government with indicators that quantify |
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and qualify progress toward attaining all department goals and |
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objectives established by the legislature and the commission. |
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(f) The department shall develop and implement performance |
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metrics and performance measures as part of: |
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(1) the review of strategic planning in the statewide |
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transportation plan, metropolitan transportation plans, rural |
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transportation plans, and unified transportation program; |
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(2) the evaluation of decision-making on projects |
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selected for funding in the unified transportation program and |
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statewide transportation improvement program; and |
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(3) the evaluation of project delivery for projects in |
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the department's letting schedule. |
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(g) The department shall use and the commission shall review |
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performance metrics and measures to: |
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(1) assess how well the transportation system is |
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operating; |
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(2) provide the department, legislature, |
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stakeholders, and public with information to support decisions; |
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(3) assess the effectiveness and efficiency of |
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transportation projects and service delivery; and |
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(4) demonstrate transparency and accountability. |
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(h) The department shall develop and implement, and the |
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commission shall approve, specific performance metrics and |
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measures for sustainable objectives, including: |
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(1) congestion reduction; |
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(2) safety enhancements; |
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(3) expansion of economic opportunity; |
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(4) preservation of the value of existing |
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transportation assets; |
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(5) cost efficiency of the department's operations; |
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(6) project procurement, delivery, and final cost; and |
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(7) enhancements in public participation in the |
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infrastructure planning process. |
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(i) The requirement for the department to develop and |
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implement a performance-based planning and programming process |
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does not replace or alter the requirement of the department to |
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comply with the budgetary performance measures for each biennium as |
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established in the General Appropriations Act. The department may |
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not rely on its requirement to report budgetary performance |
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measures as satisfying the requirements imposed under this section. |
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(j) The department shall develop and implement monthly and |
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annual reporting schedules for all performance metrics and measures |
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required under this section. |
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SECTION 5. Subchapter P, Chapter 201, Transportation Code, |
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is amended by adding Sections 201.999 and 201.9991 to read as |
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follows: |
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Sec. 201.999. PRIORITIZATION OF PROJECTS BY LOCAL |
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TRANSPORTATION ENTITIES AND DEPARTMENT DISTRICTS. (a) The |
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department shall work with all local transportation entities in the |
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state to develop and adopt uniform guidelines governing the funding |
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prioritization of the entities' transportation projects. |
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(b) The department shall recommend to the commission |
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uniform guidelines to be adopted under Subsection (a) and |
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implemented by all local transportation entities and department |
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districts. |
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(c) In making recommendations under Subsection (b), the |
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department shall consider: |
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(1) the time frame in which a project is needed; |
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(2) the feasibility of a project, including the |
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availability of rights-of-way, funding support, and the ability to |
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plan, design, and construct the project in a reasonable period of |
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time; |
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(3) the viability of a project, including whether the |
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project is a comprehensive solution with a measurable outcome; and |
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(4) all criteria established by the commission for |
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prioritization of projects. |
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(d) In prioritizing projects, each local transportation |
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entity and department district shall include projects that meet |
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short-term and long-term needs of the entity's jurisdiction. |
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(e) The commission shall by rule adopt uniform standards |
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established under this section. |
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(f) Using the uniform standards established under this |
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section, each local transportation entity and department district |
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shall submit to the department the funding prioritization for |
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transportation projects in the entity's jurisdiction. |
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Sec. 201.9991. PRIORITIZATION OF PROJECTS BY DEPARTMENT AND |
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APPROVED BY COMMISSION. (a) The department shall prioritize and the |
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commission shall approve projects included in the unified |
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transportation program in order to provide financial assistance |
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under this chapter. |
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(b) The department shall establish and the commission shall |
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approve an overall performance-based process for setting category |
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funding levels in the department's unified transportation program. |
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The department shall consider a zero-based budget approach to |
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address safety, maintenance, congestion, connectivity, economic |
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development, and other needs. |
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(c) The department shall establish and the commission shall |
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approve a point system for prioritization of projects for which |
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financial assistance is sought from the commission. The project |
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evaluation criteria must take into consideration the department's |
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strategic goals as approved by the commission. The system must |
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include a standard for the department to apply in determining how to |
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take into account the diverse needs of the state so as to fairly |
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allocate funding to all regions of the state. |
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(d) The department may not recommend and the commission may |
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not approve a deviation from the department's selection of projects |
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for funding of more than 10 percent of the current biennial budget |
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of the department. |
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(e) In awarding points to projects, the department shall |
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give priority to projects that: |
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(1) address safety, maintenance, congestion |
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mitigation, and connectivity; |
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(2) provide assistance to urban and rural populations; |
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(3) provide regional balance; |
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(4) meet a high percentage of the infrastructure needs |
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of a community; |
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(5) have available funding; |
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(6) are able to begin without significant delay; and |
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(7) include public participation in the planning |
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process and public support for the project. |
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(f) In addition to criteria under Subsection (e), in |
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prioritizing projects the department shall consider: |
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(1) the local contribution to be made to construct the |
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project; |
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(2) the financial capacity of the entity responsible |
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for the project to repay the obligation if the assistance is in the |
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form of a loan; |
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(3) the ability to timely leverage state financial |
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support with local and federal funding; |
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(4) whether there is an emergency need for the |
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project; |
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(5) whether all preliminary planning and design work |
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associated with the project necessary to reasonably predict cost, |
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construction period, and benefits of the project have been |
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completed; |
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(6) whether all rights-of-way and easements necessary |
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to begin construction have been acquired or approved; |
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(7) the start date for and certainty of the beginning |
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of project construction; |
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(8) the demonstrated or projected impact on the |
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community; and |
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(9) the priority given the project by the applicable |
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local transportation entity under Section 201.999. |
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SECTION 6. 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. |