85R25394 JRR-D
 
  By: Nichols, et al. S.B. No. 312
 
  (Gonzales of Williamson, Burkett, Flynn, Thompson of Harris,
 
  Raymond) 
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the continuation and functions of the Texas Department
  of Transportation; authorizing an increase in rates charged for the
  use of state aircraft to provide for the acquisition of replacement
  aircraft.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 21.069(a), Transportation Code, is
  amended to read as follows:
         (a)  The department[, in consultation with the State
  Aircraft Pooling Board,] shall establish a state airport in Central
  Texas that is open to the general public.
         SECTION 2.  Section 201.059, Transportation Code, is amended
  to read as follows:
         Sec. 201.059.  COMMISSION MEMBER TRAINING [ON DEPARTMENT AND
  CERTAIN LAWS RELATING TO DEPARTMENT]. (a)  A [To be eligible to
  take office as a member of the commission, a] person who is
  appointed to and qualifies for office as a member of the commission
  may not vote, deliberate, or be counted as a member in attendance at
  a meeting of the commission until the person completes [must
  complete at least one course of] a training program that complies
  with this section.
         (b)  The training program must provide the person with
  information [to the person] regarding:
               (1)  the law governing department operations [this
  subchapter];
               (2)  the programs, functions, rules, and budget of
  [operated by] the department;
               (3)  the scope of and limitations on the rulemaking
  authority of the commission [role and functions of the department];
               (4)  [the rules of the department with an emphasis on
  the rules that relate to disciplinary and investigatory authority;
               [(5)  the current budget for the department;
               [(6)]  the results of the most recent formal audit of
  the department;
               (5) [(7)]  the requirements of [the]:
                     (A)  laws relating to open meetings, public
  information, administrative procedure, and disclosing conflicts of
  interest [law, Chapter 551, Government Code]; and
                     (B)  other laws applicable to members of the
  commission in performing their duties [open records law, Chapter
  552, Government Code; and
                     [(C)     administrative procedure law, Chapter 2001,
  Government Code;
               [(8)     the requirements of the conflict of interest laws
  and other laws relating to public officials]; and
               (6) [(9)]  any applicable ethics policies adopted by
  the department [commission] or the Texas Ethics Commission.
         (c)  A person appointed to the commission is entitled to
  reimbursement, as provided by the General Appropriations Act, for
  the travel expenses incurred in attending the training program,
  regardless of whether the attendance at the program occurs before
  or after [as provided by the General Appropriations Act and as if]
  the person qualifies for office [were a member of the commission].
         (d)  The director shall create a training manual that
  includes the information required by Subsection (b). The director
  shall distribute a copy of the training manual annually to each
  member of the commission. On receipt of the training manual, each
  member of the commission shall sign and submit to the director a
  statement acknowledging receipt of the training manual.
         SECTION 3.  Section 201.204, Transportation Code, is amended
  to read as follows:
         Sec. 201.204.  SUNSET PROVISION.  The Texas Department of
  Transportation is subject to Chapter 325, Government Code (Texas
  Sunset Act).  Unless continued in existence as provided by that
  chapter, the department is abolished September 1, 2029 [2017].
         SECTION 4.  Sections 201.601(a-1) and (d), Transportation
  Code, are amended to read as follows:
         (a-1)  The plan must:
               (1)  contain specific and clearly defined
  transportation system strategies, long-term transportation goals
  for the state and measurable targets for each goal, and other
  related performance measures;
               (2)  identify priority corridors, projects, or areas of
  the state that are of particular concern to the department in
  meeting the goals established under Subdivision (1); and
               (3)  contain a participation plan specifying methods
  for obtaining formal input on the goals and priorities identified
  under this subsection from:
                     (A)  other state agencies;
                     (B)  political subdivisions;
                     (C)  local transportation entities; and
                     (D)  the general public.
         (d)  In selecting transportation projects, the [The]
  department shall consider the transportation system strategies,
  goals and measurable targets, and other related performance
  measures established under Subsection (a-1)(1) [in selecting
  transportation projects].
         SECTION 5.  Section 201.6013, Transportation Code, is
  amended to read as follows:
         Sec. 201.6013.  LONG-TERM PLAN FOR STATEWIDE PASSENGER RAIL
  SYSTEM. (a)  The department shall:
               (1)  prepare [and update annually] a long-term plan for
  a statewide passenger rail system; and
               (2)  update the plan at least once every five years.
         (b)  Information contained in the plan must include:
               (1)  a description of existing and proposed passenger
  rail systems;
               (2)  information regarding the status of passenger rail
  systems under construction;
               (3)  an analysis of potential interconnectivity
  difficulties;
               (4)  an analysis of short-term and long-term effects of
  each proposed passenger rail system on state and local road
  connectivity, including effects on oversize or overweight vehicles
  and other commercial traffic;
               (5)  an analysis of the effect of each proposed
  passenger rail system on statewide transportation planning,
  including the effect on future state and local road construction
  and road maintenance needs;
               (6)  ridership projections for proposed passenger rail
  projects; and
               (7) [(5)]  ridership statistics for existing passenger
  rail systems.
         SECTION 6.  Section 201.6015, Transportation Code, is
  amended to read as follows:
         Sec. 201.6015.  INTEGRATION OF PLANS AND POLICY EFFORTS.  In
  developing each of its transportation plans and policy efforts, the
  department must:
               (1)  clearly reference the statewide transportation
  plan under Section 201.601;
               (2)  include in the plan or policy effort the
  transportation system strategies, goals and measurable targets,
  and other related performance measures established under Section
  201.601(a-1)(1); and
               (3)  [and] specify how the plan or policy effort
  supports [or otherwise relates to] the specific goals established
  under Section 201.601(a-1)(1) [that section].
         SECTION 7.  Section 201.806(a), Transportation Code, is
  amended to read as follows:
         (a)  The department shall:
               (1)  tabulate and analyze the vehicle accident reports
  it receives; and
               (2)  annually or more frequently publish on the
  department's Internet website statistical information derived from
  the accident reports as to the number, cause, and location of
  highway accidents, including information regarding the number of:
                     (A)  accidents involving injury to, death of, or
  property damage to a bicyclist or pedestrian; and
                     (B)  fatalities caused by a bridge collapse, as
  defined by Section 550.081.
         SECTION 8.  Section 201.807, Transportation Code, is amended
  by amending Subsection (a) and adding Subsections (g) and (h) to
  read as follows:
         (a)  In this section, "department project" means a highway
  project under the jurisdiction of the department, including a
  grouped rehabilitation and preventive maintenance project, that:
               (1)  is being developed or is under construction; and
               (2)  is identified in the district project portfolio 
  [work program] required under Section 201.998.
         (g)  The department shall:
               (1)  conduct a comprehensive review of the project
  information reporting system; 
               (2)  in conducting the review required by Subdivision
  (1), incorporate feedback from internal and external users of the
  system and advice from the department office responsible for public
  involvement; and
               (3)  develop a plan for implementing any needed
  improvements to the system.
         (h)  The department shall conduct the review required by
  Subsection (g)(1) on a regular basis, as specified by commission
  rule.
         SECTION 9.  Subchapter J, Chapter 201, Transportation Code,
  is amended by adding Section 201.8075 to read as follows:
         Sec. 201.8075.  STATEWIDE TRANSPORTATION PLAN DASHBOARD.
  (a)  In this section, "dashboard" means a web-based data
  visualization tool that provides an analysis and visual
  representation of key performance measures relevant to a particular
  objective.
         (b)  The department shall develop and prominently display on
  the department's Internet website a dashboard that clearly
  communicates to the public:
               (1)  the transportation system strategies, goals and
  measurable targets, and other related performance measures
  established under Section 201.601(a-1)(1); and
               (2)  the department's progress, including trends over
  time, in meeting the strategies, goals and targets, and other
  related performance measures described by Subdivision (1).
         (c)  The dashboard must be in a format that is easy to
  navigate.
         (d)  The department shall:
               (1)  regularly update the information displayed on the
  dashboard; and
               (2)  publish on the department's Internet website the
  methodology and data used to determine the department's progress
  under Subsection (b)(2).
         SECTION 10.  Section 201.808, Transportation Code, is
  amended by adding Subsection (i) to read as follows:
         (i)  The department shall:
               (1)  conduct a comprehensive analysis regarding the
  effect of funding allocations made to funding categories described
  by Section 201.991(b) and project selection decisions on
  accomplishing the goals described in the statewide transportation
  plan under Section 201.601; 
               (2)  provide the analysis to metropolitan planning
  organizations, the public, and each member of the commission for
  the purpose of informing deliberations on funding decisions for the
  unified transportation program under Section 201.991; 
               (3)  update the analysis as part of:
                     (A)  the department's annual update to the unified
  transportation program under Section 201.992 and any other formal
  update to that program; and
                     (B)  the evaluation and report required by Section
  201.809;
               (4)  promptly publish the analysis on the department's
  Internet website in its entirety and in summary form; and
               (5)  publish the methodology and data used to create
  the analysis on the department's Internet website and make the
  methodology and data available to the metropolitan planning
  organizations, the public, and the commission under Subdivision
  (2).
         SECTION 11.  Section 201.809(a), Transportation Code, is
  amended to read as follows:
         (a)  The department annually shall evaluate and publish a
  report about the status of each transportation goal for this
  state.  The department shall also promptly publish the report on
  the department's Internet website in summary form. The report must
  include:
               (1)  information about the progress of each long-term
  transportation goal that is identified by the statewide
  transportation plan;
               (2)  the status of each project identified as a major
  priority;
               (3)  a summary of the number of statewide project
  implementation benchmarks that have been completed; [and]
               (4)  information about the accuracy of previous
  department financial forecasts; and
               (5)  the analysis required by Section 201.808(i).
         SECTION 12.  Section 201.991, Transportation Code, is
  amended by adding Subsections (b-1) and (e) and amending Subsection
  (d) to read as follows:
         (b-1)  The commission by rule shall: 
               (1)  adopt a policy comprehensively explaining the
  department's approach to public involvement and transparency
  related to the unified transportation program; and
               (2)  require the department to, at a minimum, make a
  report on any change to the unified transportation program
  available on the department's Internet website and provide the
  report to the commission in a public meeting, regardless of any
  rules adopted for public hearings and approvals.
         (d)  In developing the rules required by Subsection (b) [this
  section], the commission shall collaborate with local
  transportation entities.
         (e)  In developing the policy required by Subsection
  (b-1)(1), the commission shall collaborate with stakeholders.
         SECTION 13.  Section 201.992(b), Transportation Code, is
  amended to read as follows:
         (b)  The annual update must include:
               (1)  the annual funding forecast required by Section
  201.993;
               (2)  the list of major transportation projects required
  by Section 201.994(b); [and]
               (3)  the category to which the project has been
  assigned and the priority of the project in the category under
  Section 201.995; and
               (4)  the analysis required by Section 201.808(i).
         SECTION 14.  Sections 201.993(a) and (c), Transportation
  Code, are amended to read as follows:
         (a)  The department annually shall:
               (1)  develop and publish on the department's Internet
  website a forecast of all funds the department expects to receive,
  including funds from this state and the federal government; and
               (2)  use that forecast to guide planning for the
  unified transportation program.
         (c)  Not later than September 1 of each year, the department
  shall prepare and publish on the department's Internet website a
  cash flow forecast for a period of 20 years.
         SECTION 15.  Section 201.995, Transportation Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  In prioritizing and approving projects under Section
  201.9991 that are included in the unified transportation program,
  the commission must first evaluate projects on strategic need and
  potential contribution toward meeting the transportation goals
  established under Section 201.601(a-1)(1). After conducting that
  initial evaluation, the commission may conduct a secondary
  evaluation based on other factors such as funding availability and
  project readiness.
         SECTION 16.  Section 201.998, Transportation Code, is
  amended to read as follows:
         Sec. 201.998.  DISTRICT PROJECT PORTFOLIOS [WORK PROGRAM].
  (a)  Each department district shall develop a consistently
  formatted project portfolio [work program] based on the unified
  transportation program covering a period of at least four years
  that contains all projects that the district proposes to implement
  during that period.
         (b)  The department shall develop comprehensive performance
  measures for key steps in the project development process for
  projects included in each district's project portfolio. The
  department shall use the performance measures developed under this
  subsection to track and report whether each district is: 
               (1)  developing an appropriate mix of projects; and 
               (2)  on track to meet letting targets that are
  consistent with applicable department policy governing when a
  project should be bid on for a contract awarded by the department
  [work program must contain:
               [(1)     information regarding the progress of projects
  designated as major transportation projects, according to project
  implementation benchmarks and timelines established under Section
  201.994; and
               [(2)     a summary of the progress on other district
  projects].
         (c)  The department shall conduct a review of project
  development activities in each district's project portfolio on a
  regular basis and use the review [use the work program] to[:
               [(1)]  monitor and evaluate the performance of each
  [the] district[; and
               [(2)  evaluate the performance of district employees].
         (d)  In conducting the review required by Subsection (c), the
  [The] department shall, when appropriate, seek input from key
  stakeholders such as local government project sponsors or
  metropolitan planning organizations [publish the work program in
  appropriate media and on the department's Internet website].
         (e)  The commission shall adopt rules as necessary to
  administer this section.
         (f)  The commission shall adopt and regularly update rules:
               (1)  governing the overall planning, review, and
  monitoring process created by this section;
               (2)  specifying how planning and project stakeholders
  can become involved in the process described by Subdivision (1);
  and
               (3)  requiring the department to regularly report
  results under this section to the commission and the public and
  specifying the method for reporting those results.
         (g)  The commission shall consult a stakeholder group before
  adopting or updating rules under Subsection (f).
         SECTION 17.  Section 201.9991(a), Transportation Code, is
  amended to read as follows:
         (a)  The commission by rule shall prioritize and approve
  projects included in the statewide transportation plan under
  Section 201.601 or in the unified transportation program under
  Section 201.991 in order to provide financial assistance under this
  chapter.
         SECTION 18.  Subchapter P, Chapter 201, Transportation Code,
  is amended by adding Section 201.9992 to read as follows:
         Sec. 201.9992.  ROLES AND RESPONSIBILITIES OF DEPARTMENT AND
  METROPOLITAN PLANNING ORGANIZATIONS. (a)  The commission shall
  adopt rules governing:
               (1)  the alignment of the department's state and
  federal funding forecasts, including the annual funding forecast
  required by Section 201.993, with the funding forecasts of
  metropolitan planning organizations, including:
                     (A)  the funding forecasts used for long-term
  planning as described in Sections 201.620 and 472.035; and
                     (B)  the 10-year transportation plan required by
  Section 201.9911; 
               (2)  the alignment of the statewide project
  recommendation criteria developed by the department with the
  project recommendation criteria developed by metropolitan planning
  organizations that relate to statewide transportation goals,
  particularly for major mobility projects using a mix of several
  funding sources and selected by different entities;
               (3)  the department's timelines and review process for
  the 10-year transportation plans required by Section 201.9911;
               (4)  the department's process for allowing metropolitan
  planning organizations direct access to the department's
  information systems, software, and technical assistance for the
  purpose of accomplishing statewide transportation goals; and
               (5)  the department's process for collaborating with
  metropolitan planning organizations to regularly evaluate the
  availability, consistency, and quality of data and other
  information needed to fully develop a more performance-based
  transportation planning and project selection system.
         (b)  A rule adopted under Subsection (a)(3) must take into
  consideration a metropolitan planning organization's other
  deadlines and requirements in federal law.
         (c)  The commission shall consult a stakeholder group before
  developing the rules required by Subsection (a).
         SECTION 19.  Subchapter B, Chapter 203, Transportation Code,
  is amended by adding Section 203.023 to read as follows:
         Sec. 203.023.  SUBSTANTIAL CHANGE IN LAYOUT OR FUNCTION.  
  The commission by rule shall require a hearing for projects that
  substantially change the layout or function of a connecting roadway
  or an existing facility, including the addition of managed lanes,
  high-occupancy vehicle lanes, bicycle lanes, bus lanes, and transit
  lanes.
         SECTION 20.  Section 223.012, Transportation Code, is
  amended to read as follows:
         Sec. 223.012.  CONTRACTOR PERFORMANCE. (a)  The commission
  [department] shall adopt rules to:
               (1)  establish a range of contract remedies to be
  included in all low-bid highway improvement contracts, including
  enforceable corrective action plans and criteria for prohibiting
  contractors with significant project completion delays from
  bidding on new projects, and develop a process and criteria for when
  to apply each contract remedy;
               (2)  develop and implement a schedule for liquidated
  damages that accurately reflects the costs associated with project
  completion delays, including administrative and travel delays; and
               (3)  develop a contractor performance evaluation
  process and an evaluation tool that:
                     (A)  allows for the [(2)]  review of contractor
  bidding capacity to ensure that contractors meet each quality,
  safety, and timeliness standard established by the commission; and
                     (B)  contains criteria for modifying a
  contractor's bidding capacity for competitively bid highway
  improvement contracts when appropriate [(3)     conduct a review to
  determine whether commission rules or state law should be changed
  to realize significant cost and time savings on state highway
  construction and maintenance projects].
         (b)  In developing the rules required by Subsection (a)(1),
  the commission must:
               (1)  consult with industry contractors; and
               (2)  consider contract remedies used by:
                     (A)  other state agencies; and
                     (B)  departments of transportation in other
  states [Not later than December 1, 1998, the department shall file a
  report with the governor, the lieutenant governor, and the speaker
  of the house of representatives containing:
               [(1)     the results of the review conducted under
  Subsection (a)(3); and
               [(2)     recommendations on legislation the commission
  determines is necessary to realize significant cost and time
  savings on state highway construction and maintenance].
         (c)  The rules adopted under Subsection (a)(2) must:
               (1)  include criteria for identifying projects that
  have a significant impact on the traveling public; and
               (2)  require the department to calculate
  project-specific liquidated damages for projects described by
  Subdivision (1) that reflect the true cost of travel delays.
         (d)  In developing the evaluation tool required by
  Subsection (a)(3), the commission must consult with industry
  contractors.
         (e)  The rules adopted under Subsection (a)(3) must:
               (1)  provide for a process for contractors to appeal
  the contractors' evaluations; and
               (2)  include criteria for the use of the evaluations by
  the department to address contractor performance problems.
         (f)  Rules adopted under this section must require:
               (1)  contractual provisions providing for the
  consideration of sufficient time; and
               (2)  the department to consider any events outside a
  contractor's control before assessing a penalty against the
  contractor.
         SECTION 21.  Section 550.025(a), Transportation Code, is
  amended to read as follows:
         (a)  The operator of a vehicle involved in an accident
  resulting only in damage to a structure adjacent to a highway or a
  fixture or landscaping legally on or adjacent to a highway shall:
               (1)  take reasonable steps to locate and notify the
  owner or person in charge of the property of the accident and of the
  operator's name and address and the registration number of the
  vehicle the operator was driving; and
               (2)  if requested and available, show the operator's
  driver's license to the owner or person in charge of the property[;
  and
               [(3)     report the accident if required by Section
  550.061].
         SECTION 22.  Effective September 1, 2019, Section
  550.062(b), Transportation Code, is amended to read as follows:
         (b)  The report required by Subsection (a) must be filed
  electronically with the department not later than the 10th day
  after the date of the accident.
         SECTION 23.  Section 550.064(b), Transportation Code, is
  amended to read as follows:
         (b)  An accident report form prepared by the department must:
               (1)  require sufficiently detailed information to
  disclose the cause and conditions of and the persons and vehicles
  involved in an accident if the form is for the report to be made by a
  person [involved in or] investigating the accident;
               (2)  include a way to designate and identify a peace
  officer, firefighter, or emergency medical services employee who is
  involved in an accident while driving a law enforcement vehicle,
  fire department vehicle, or emergency medical services vehicle
  while performing the person's duties;
               (3)  require a statement by a person described by
  Subdivision (2) as to the nature of the accident; and
               (4)  include a way to designate whether an individual
  involved in an accident wants to be contacted by a person seeking to
  obtain employment as a professional described by Section 38.01(12),
  Penal Code.
         SECTION 24.  Section 550.065(a), Transportation Code, is
  amended to read as follows:
         (a)  This section applies only to the following information
  that is held by the department or another governmental entity:
               (1)  a written report of an accident required under:
                     (A)  Section [550.061,] 550.062;[,] or
                     (B)  former Section 550.061 or 601.004 before
  September 1, 2017; or
               (2)  accident report information compiled under
  Section 201.806.
         SECTION 25.  Section 550.067(c), Transportation Code, is
  amended to read as follows:
         (c)  A municipality by ordinance may require the person in
  charge of a garage or repair shop where a motor vehicle is brought
  if the vehicle shows evidence of having been involved in an accident
  described by [requiring a report to be filed under] Section
  550.062(a) [550.061 or 550.062] or shows evidence of having been
  struck by a bullet to report to a department of the municipality
  within 24 hours after the garage or repair shop receives the motor
  vehicle, giving the engine number, registration number, and the
  name and address of the owner or operator of the vehicle.
         SECTION 26.  Section 550.068, Transportation Code, is
  amended to read as follows:
         Sec. 550.068.  CHANGING ACCIDENT REPORT. (a)  Except as
  provided by Subsection (b), a change in or a modification of a
  written report of a motor vehicle accident prepared by a peace
  officer [or the operator of a vehicle involved in an accident] that
  alters a material fact in the report may be made only by the peace
  officer [or person] who prepared the report.
         (b)  A change in or a modification of the written report of
  the accident may be made by a person other than the peace officer
  [or the operator of the vehicle] if:
               (1)  the change is made by a written supplement to the
  report; and
               (2)  the written supplement clearly indicates the name
  of the person who originated the change.
         SECTION 27.  Section 601.005, Transportation Code, is
  amended to read as follows:
         Sec. 601.005.  EVIDENCE IN CIVIL SUIT. A [On the filing of a
  report under Section 601.004, a] person at a trial for damages may
  not refer to or offer as evidence of the negligence or due care of a
  party:
               (1)  an action taken by the department under this
  chapter;
               (2)  the findings on which that action is based; or
               (3)  the security or evidence of financial
  responsibility filed under this chapter.
         SECTION 28.  Sections 601.007(b) and (c), Transportation
  Code, are amended to read as follows:
         (b)  The provisions of this chapter[, other than Section
  601.004,] do not apply to an officer, agent, or employee of the
  United States, this state, or a political subdivision of this state
  while operating a government vehicle in the course of that person's
  employment.
         (c)  The provisions of this chapter, other than Section
  [Sections 601.004 and] 601.054, do not apply to a motor vehicle that
  is subject to Chapter 643.
         SECTION 29.  Section 601.154(c), Transportation Code, is
  amended to read as follows:
         (c)  In determining whether there is a reasonable
  probability that a judgment will be rendered against the person as a
  result of an accident and the amount of security that is sufficient
  under Subsection (a), the department may consider:
               (1)  a report of an investigating officer; and
               (2)  [an accident report of a party involved; and
               [(3)]  an affidavit of a person who has knowledge of the
  facts.
         SECTION 30.  Section 707.004(f), Transportation Code, is
  amended to read as follows:
         (f)  Not later than December 1 of each year, the department
  shall publish on the department's Internet website the information
  submitted by a local authority under Subsection (d).
         SECTION 31.  Sections 730.003(4) and (6), Transportation
  Code, are amended to read as follows:
               (4)  "Motor vehicle record" means a record that
  pertains to a motor vehicle operator's or driver's license or
  permit, motor vehicle registration, motor vehicle title, or
  identification document issued by an agency of this state or a local
  agency authorized to issue an identification document. The term
  does not include:
                     (A)  a record that pertains to a motor carrier; or
                     (B)  an accident report prepared under:
                           (i)  Chapter 550; or
                           (ii)  former Section 601.004 before
  September 1, 2017 [601].
               (6)  "Personal information" means information that
  identifies a person, including an individual's photograph or
  computerized image, social security number, driver identification
  number, name, address, but not the zip code, telephone number, and
  medical or disability information. The term does not include:
                     (A)  information on vehicle accidents, driving or
  equipment-related violations, or driver's license or registration
  status; or
                     (B)  information contained in an accident report
  prepared under:
                           (i)  Chapter 550; or
                           (ii)  former Section 601.004 before
  September 1, 2017 [601].
         SECTION 32.  Section 2167.001(a), Government Code, is
  amended to read as follows:
         (a)  This chapter applies to:
               (1)  office space;
               (2)  warehouse space;
               (3)  laboratory space;
               (4)  storage space exceeding 1,000 gross square feet;
               (5)  boat storage space;
               (6)  aircraft hangar space other than hangar space and
  adjacent space leased by the Texas Department of Transportation
  [State Aircraft Pooling Board] at Austin-Bergstrom International
  Airport and operated for the purpose of providing air
  transportation services for the State of Texas;
               (7)  vehicle parking space; and
               (8)  a combination of those kinds of space.
         SECTION 33.  Section 2175.191(c), Government Code, is
  amended to read as follows:
         (c)  Proceeds from the sale of surplus and salvage property
  of the Texas Department of Transportation relating to the
  department's duties under Chapter 2205 [State Aircraft Pooling
  Board] shall be deposited to the credit of the department [board].
         SECTION 34.  The heading to Subchapter A, Chapter 2205,
  Government Code, is amended to read as follows:
  SUBCHAPTER A.  [STATE AIRCRAFT POOLING BOARD;] GENERAL PROVISIONS
         SECTION 35.  Section 2205.002(1), Government Code, is
  amended to read as follows:
               (1)  "Department [Board]" means the Texas Department of
  Transportation [State Aircraft Pooling Board].
         SECTION 36.  Section 2205.012, Government Code, is amended
  to read as follows:
         Sec. 2205.012.  STAFF. [(a)]  The department [board] may
  employ and compensate staff as provided by legislative
  appropriation or may use staff provided by the comptroller or the
  state auditor's office.
         [(b)     The board shall develop and implement policies that
  clearly define the respective responsibilities of the board and the
  staff the board uses.]
         SECTION 37.  Section 2205.032, Government Code, is amended
  to read as follows:
         Sec. 2205.032.  CUSTODY, CONTROL, OPERATION, AND
  MAINTENANCE. (a)  The department [board] shall operate a pool for
  the custody, control, operation, and maintenance of all aircraft
  owned or leased by the state.
         (b)  The department [board] may purchase aircraft with funds
  appropriated for that purpose.
         (c)  As part of the strategic plan that the department
  [board] develops and submits under Chapter 2056, the department
  [board] shall develop a long-range plan for its pool of aircraft.
  The department [board] shall include [appropriate portions of] the
  long-range plan in the department's [its] legislative
  appropriations request if the department identifies the need for
  additional appropriations and the additional appropriations are
  related to the department's duties under this chapter. The
  long-range plan must include:
               (1)  estimates of future aircraft replacement needs and
  other fleet management needs, including:
                     (A)  any projected need to increase or decrease
  the number of aircraft in the pool;
                     (B)  estimates of the remaining useful life for
  each aircraft in the pool; and
                     (C)  a proposed schedule for replacing aircraft in
  the pool;
               (2)  a range of alternatives and scenarios for the
  number and types of aircraft in the pool;
               (3)  an analysis of current usage of aircraft in the
  pool, including customer base and documented rationale for use;
               (4)  the status of maintenance time and costs and
  projected future trends regarding maintenance time and costs;
               (5)  any documented high-risk mechanical issues with
  aircraft in the pool;
               (6)  an analysis of the costs and benefits of different
  methods for meeting air transportation currently provided by the
  department under Section 2205.036, including:
                     (A)  the potential use of statewide contracts for
  private charter aircraft services; 
                     (B)  increased reliance on commercial carriers
  for routine travel;
                     (C)  decreasing the number of aircraft in the pool
  and increasing the use of contracted flight services; and
                     (D)  any other method the department considers
  feasible; and
               (7)  an analysis of the impact of including capital
  recovery costs in the rates the department charges under Section
  2205.040 that, at a minimum, includes the impact of those included
  costs on customer utilization and the department's schedule for
  replacing aircraft in the pool.
         (d)  In developing the long-range plan, the department
  [board] shall consider at a minimum for each aircraft in the pool:
               (1)  how much the aircraft is used and the purposes for
  which the aircraft [it] is used;
               (2)  the cost of operating the aircraft and the revenue
  generated by the aircraft; and
               (3)  the demand for the aircraft or for that type of
  aircraft.
         (e)  The department shall update the long-range plan
  annually and make the plan available on the department's Internet
  website.
         SECTION 38.  Section 2205.034, Government Code, is amended
  to read as follows:
         Sec. 2205.034.  FACILITIES. (a)  The department [board] may
  acquire appropriate facilities for the accommodation of all
  aircraft owned or leased by the state. The facilities may be
  purchased or leased as determined by the department [board] to be
  most economical for the state and as provided by legislative
  appropriations. The facilities may include adequate hangar space,
  an indoor passenger waiting area, a flight-planning area,
  communications facilities, and other related and necessary
  facilities.
         (b)  A state agency that operates an aircraft may not use a
  facility in Austin other than a facility operated by the department
  [board] for the storage, parking, fueling, or maintenance of the
  aircraft, whether or not the aircraft is based in Austin. In a
  situation the department [board] determines to be an emergency, the
  department [board] may authorize a state agency to use a facility in
  Austin other than a department [board] facility for the storage,
  parking, fueling, or maintenance of an aircraft.
         SECTION 39.  Section 2205.035, Government Code, is amended
  to read as follows:
         Sec. 2205.035.  AIRCRAFT LEASES. (a)  The department
  [board] by interagency contract may lease state-owned aircraft to a
  state agency.
         (b)  A state agency that is the prior owner or lessee of an
  aircraft has the first option to lease that aircraft from the
  department [board].
         (c)  The lease may provide for operation or maintenance by
  the department [board] or the state agency.
         (d)  A state agency may not expend appropriated funds for the
  lease of an aircraft unless the department [board] executes the
  lease or approves the lease [by board order].
         (e)  A state agency may not use money appropriated by the
  legislature to rent or lease aircraft except from the department
  [board] or as provided by Subsection (f). For purposes of this
  subsection and Subsection (f), payments of mileage reimbursements
  provided for by the General Appropriations Act are not rentals or
  leases of aircraft.
         (f)  If the department [board] determines that no
  state-owned aircraft is available to meet a transportation need
  that has arisen or that a rental or lease of aircraft would reduce
  the state's transportation costs, the department [board] shall
  authorize a state agency to expend funds for the rental or lease of
  aircraft, which may include a helicopter.
         SECTION 40.  Section 2205.036, Government Code, is amended
  to read as follows:
         Sec. 2205.036.  PASSENGER TRANSPORTATION. (a)  The
  department [board] shall provide aircraft transportation, to the
  extent that its aircraft are available, to:
               (1)  state officers and employees who are traveling on
  official business according to the coordinated passenger
  scheduling system and the priority scheduling system developed as
  part of the aircraft operations manual under Section 2205.038;
               (2)  persons in the care or custody of state officers or
  employees described by Subdivision (1); and
               (3)  persons whose transportation furthers official
  state business.
         (b)  The department [board] may not provide aircraft
  transportation to a passenger if the passenger is to be transported
  to or from a place where the passenger:
               (1)  will make or has made a speech not related to
  official state business;
               (2)  will attend or has attended an event sponsored by a
  political party;
               (3)  will perform a service or has performed a service
  for which the passenger is to receive an honorarium, unless the
  passenger reimburses the department [board] for the cost of
  transportation;
               (4)  will attend or has attended an event at which money
  is raised for private or political purposes; or
               (5)  will attend or has attended an event at which an
  audience was charged an admission fee to see or hear the passenger.
         (c)  The department [board] may not provide aircraft
  transportation to a destination unless:
               (1)  the destination is not served by a commercial
  carrier;
               (2)  the aircraft transportation is the most
  cost-effective travel arrangement in accordance with Section
  660.007(a) [time required to use a commercial carrier interferes
  with passenger obligations]; [or]
               (3)  the number of passengers traveling makes the use
  of a state aircraft cost-effective; or
               (4)  emergency circumstances necessitate the use of a
  state aircraft.
         (d)  Before the executive director of the department or the
  director's designee may authorize a person to use a state-operated
  aircraft, the person must sign an affidavit stating that the person
  is traveling on official state business. On filing of the
  affidavit, the person may be authorized to use state-operated
  aircraft for official state business for a period of one year. A
  member of the legislature is not required to receive any other
  additional authorization to use a state-operated aircraft.
         (e)  Before the executive director of the department or the
  director's designee may authorize an employee of a state agency to
  use a state-operated aircraft, the administrative head of the state
  agency must certify that the employee's transportation complies
  with the requirements of this section.
         SECTION 41.  Section 2205.038, Government Code, is amended
  to read as follows:
         Sec. 2205.038.  AIRCRAFT OPERATIONS MANUAL. (a)  The
  department [board] shall:
               (1)  prepare a manual that establishes minimum
  standards for the operation of aircraft by state agencies; and
               (2)  adopt procedures for the distribution of the
  manual to state agencies.
         (b)  The manual must include provisions for:
               (1)  pilot certification standards, including medical
  requirements for pilots;
               (2)  recurring training programs for pilots;
               (3)  general operating and flight rules;
               (4)  coordinated passenger scheduling; and
               (5)  other issues the department [board] determines are
  necessary to ensure the efficient and safe operation of aircraft by
  a state agency.
         (c)  The department [board] shall confer with and solicit the
  written advice of state agencies the department [board] determines
  are principal users of aircraft operated by the department [board]
  and, to the extent practicable, incorporate that advice in the
  development of the manual and subsequent changes to the manual.
         (d)  The department [board] shall give an officer normally
  elected by statewide election priority in the scheduling of
  aircraft. The department [board] by rule may require a 12-hour
  notice by the officer to obtain the priority in scheduling.
         SECTION 42.  Section 2205.039, Government Code, is amended
  to read as follows:
         Sec. 2205.039.  TRAVEL LOG. (a)  The Legislative Budget
  Board, in cooperation with the department [board], shall prescribe:
               (1)  a travel log form for gathering information about
  the use of state-operated aircraft;
               (2)  procedures to ensure that individuals who travel
  as passengers on or operate state-operated aircraft provide in a
  legible manner the information requested of them by the form; and
               (3)  procedures for each state agency that operates an
  aircraft for sending the form to the department [board] and the
  Legislative Budget Board.
         (b)  The travel log form must request the following
  information about a state-operated aircraft each time the aircraft
  is flown:
               (1)  a mission statement, which may appear as a
  selection to be identified from general categories appearing on the
  form;
               (2)  the name, state agency represented, destination,
  and signature of each person who is a passenger or crew member of
  the aircraft;
               (3)  the date of each flight;
               (4)  a detailed and specific description of the
  official business purpose of each flight; and
               (5)  other information determined by the Legislative
  Budget Board and the department [board] to be necessary to monitor
  the proper use of the aircraft.
         (c)  A state agency other than the department [Texas
  Department of Transportation] shall send the agency's travel logs
  to the department on an annual basis.  An agency is not required to
  file a travel log with the department if the agency did not operate
  an aircraft during the period covered by the travel log.
         SECTION 43.  Section 2205.040, Government Code, is amended
  to read as follows:
         Sec. 2205.040.  RATES AND BILLING PROCEDURES; ACCOUNT FOR
  CAPITAL REPLACEMENT COSTS. (a)  Subject to Subsection (b), the
  department [The board] shall adopt rates for interagency aircraft
  services that are sufficient to recover, in the aggregate and to the
  extent possible, all direct costs for the services provided,
  including a state agency's pro rata share of major maintenance,
  overhauls of equipment and facilities, and pilots' salaries.
         (b)  If the department's most recent long-term plan contains
  an analysis under Section 2205.032(c)(7) that finds that including
  capital recovery costs in the rates the department charges under
  this section is a practicable fleet replacement strategy, the
  department may adopt rates for interagency aircraft services
  provided by the department that are sufficient to recover, in the
  aggregate and to the extent possible: 
               (1)  all direct costs for services provided, as
  provided by Subsection (a); and
               (2)  the capital costs of replacing aircraft in the
  pool. 
         (c)  The Legislative Budget Board, in cooperation with the
  department [board] and the state auditor, shall prescribe a billing
  procedure for passenger travel on state-operated aircraft.
         (d)  If the department adopts rates under Subsection (b), the
  portion of the rates collected for the capital costs of replacing
  aircraft in the pool shall be deposited in a separate account in the
  state highway fund. Money in the account may be used only for the
  acquisition of aircraft for the pool operated by the department
  under Section 2205.032.
         SECTION 44.  Section 2205.041, Government Code, is amended
  to read as follows:
         Sec. 2205.041.  AIRCRAFT USE FORM. (a)  The department
  [Texas Department of Transportation] shall prescribe:
               (1)  an annual aircraft use form for gathering
  information about the use of state-operated aircraft, including the
  extent to which and the methods by which the goal provided by
  Section 2205.031(b) is being met; and
               (2)  procedures for each state agency that operates an
  aircraft for sending the form to the department.
         (b)  The aircraft use form must request the following
  information about each aircraft a state agency operates:
               (1)  a description of the aircraft;
               (2)  the date purchased or leased and the purchase
  price or lease cost;
               (3)  the number of annual hours flown;
               (4)  the annual operating costs;
               (5)  the number of flights and the destinations;
               (6)  the travel logs prepared under Section 2205.039;
  and
               (7)  any other information the department [Texas
  Department of Transportation] requires to document the proper or
  cost-efficient use of the aircraft.
         SECTION 45.  Section 2205.042, Government Code, is amended
  to read as follows:
         Sec. 2205.042.  PILOTS. An individual who is not a pilot
  employed by the department [board] may not operate a state-operated
  aircraft unless the department [board] grants the individual a
  specific exemption from that requirement.
         SECTION 46.  Section 2205.043(b), Government Code, is
  amended to read as follows:
         (b)  The department [board] shall adopt rules, consistent
  with federal regulations and Section 3101.001, governing the color,
  size, and location of marks of identification required by this
  section.
         SECTION 47.  Section 2205.044, Government Code, is amended
  to read as follows:
         Sec. 2205.044.  FUEL AND MAINTENANCE CONTRACTS. The
  department [board] may contract with a state or federal
  governmental agency or a political subdivision to provide aircraft
  fuel or to provide aircraft maintenance services.
         SECTION 48.  Section 2205.045(a), Government Code, is
  amended to read as follows:
         (a)  The department [board] may purchase insurance to
  protect the department [board] from loss caused by damage, loss,
  theft, or destruction of aircraft owned or leased by the state and
  shall purchase liability insurance to protect the officers and
  employees of each state agency from loss arising from the operation
  of state-owned aircraft.
         SECTION 49.  Section 2205.046, Government Code, is amended
  to read as follows:
         Sec. 2205.046.  AIRCRAFT FOR FLIGHT TRAINING PROGRAMS.
  (a)  The department [board] may transfer aircraft to a public
  technical institute or other public postsecondary educational
  institution for use in the institution's flight training program.
  Except as provided by this section, the department [board] has no
  responsibility for continued maintenance of aircraft transferred
  under this section.
         (b)  As a condition to the transfer of the aircraft, the
  institution must certify in writing to the department [board] that
  the institution will accept full responsibility for maintenance of
  the aircraft and that it will be properly maintained while in the
  custody and control of the institution. The department [board] is
  entitled to inspect the aircraft without notice for the purpose of
  ensuring [insuring] that the aircraft is [are] properly maintained.
         (c)  The department [board] may immediately reassume custody
  and control of a transferred aircraft on a finding by the department
  [board] that:
               (1)  the aircraft is not being properly maintained;
               (2)  the aircraft is being used for a purpose other than
  flight training; or
               (3)  the institution has discontinued its flight
  training program.
         SECTION 50.  Section 2205.047, Government Code, is amended
  to read as follows:
         Sec. 2205.047.  INFORMATION POSTED ON THE INTERNET. The
  department [board] shall post information related to travel and
  other services provided by the department [board] on an Internet
  website [site] maintained by or for the department [board]. The
  site must be generally accessible to state agencies, persons who
  use the department's [board's] services, and, to the extent
  appropriate, the general public.
         SECTION 51.  The following provisions are repealed:
               (1)  Sections 2205.003, 2205.004, 2205.005, 2205.006,
  2205.007, 2205.008, 2205.009, 2205.010, 2205.011, 2205.013,
  2205.014, 2205.015, and 2205.017, Government Code; and
               (2)  Sections 201.404(b-2), 550.061, and 601.004,
  Transportation Code.
         SECTION 52.  (a)  Except as provided by Subsection (b) of
  this section, Section 201.059, Transportation Code, as amended by
  this Act, applies to a member of the Texas Transportation
  Commission appointed before, on, or after the effective date of
  this Act.
         (b)  A member of the Texas Transportation Commission who,
  before the effective date of this Act, completed the training
  program required by Section 201.059, Transportation Code, as that
  law existed before the effective date of this Act, is only required
  to complete additional training on the subjects added by this Act to
  the training program as required by Section 201.059, Transportation
  Code, as amended by this Act. A member of the commission described
  by this subsection may not vote, deliberate, or be counted as a
  member in attendance at a meeting of the commission held on or after
  December 1, 2017, until the member completes the additional
  training.
         SECTION 53.  (a)  Not later than March 1, 2018, the Texas
  Department of Transportation shall:
               (1)  complete a review and update of the long-term
  transportation goals contained in the statewide transportation
  plan under Section 201.601, Transportation Code, and make any
  changes to the statewide transportation plan that are necessary to
  implement the change in law made by this Act to Section 201.601,
  Transportation Code, including adopting specific and clearly
  defined transportation system strategies, long-term transportation
  goals for the state and measurable targets for each goal, and other
  related performance measures, to ensure that the department uses a
  single set of transportation goals in all of the department's
  transportation plans and policy efforts;
               (2)  make any changes to each of the department's
  transportation plans and policy efforts that are necessary to
  implement the change in law made by this Act to Section 201.6015,
  Transportation Code;
               (3)  develop the plan required by Section
  201.807(g)(3), Transportation Code, as added by this Act; and
               (4)  develop and publish on the department's Internet
  website the dashboard required by Section 201.8075, Transportation
  Code, as added by this Act.
         (b)  Not later than September 1, 2018, the Texas Department
  of Transportation shall adopt the first long-range plan containing
  the information required by Section 2205.032(c), Government Code,
  as amended by this Act.
         (c)  Not later than September 1, 2018, the Texas
  Transportation Commission shall:
               (1)  adopt the rules required by Sections 201.807(h),
  201.991(b-1), 201.998(f), and 201.9992, Transportation Code, as
  added by this Act, and Section 223.012, Transportation Code, as
  amended by this Act; and
               (2)  adopt or modify any rules necessary to implement
  the changes in law made by this Act to Sections 201.807, 201.991,
  and 201.998, Transportation Code.
         SECTION 54.  This Act takes effect September 1, 2017.