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Amend CSHB 1892 as follows:
(1) On page 6, strike line 9 and substitute "is amended by
adding Sections 284.0031, 284.0032, and 284.0033 and amending".
(2) On page 7, between lines 15 and 16, insert the following:
Sec. 284.0033. PROHIBITION AGAINST LIMITING OR PROHIBITING
CONSTRUCTION OF TRANSPORTATION PROJECTS. (a) A comprehensive
development agreement entered into by a county may not contain a
provision that limits or prohibits the construction,
reconstruction, expansion, rehabilitation, operation, or
maintenance of a highway or other transportation project by the
county or another governmental entity, including by a private
entity under a contract with the county or another governmental
entity.
(b) Except as provided in Subsection (c), a comprehensive
development agreement may contain a provision authorizing the
county to compensate the private participant in the agreement for
the loss of toll revenues resulting from the construction by the
county of a highway project located within an area that extends up
to 5 miles from either side of the centerline of the project
developed under the agreement, less the private participant's
decreased operating and maintenance costs attributable to the
highway project, if any.
(c) A comprehensive development agreement may not require the
county to provide compensation for the construction of:
(1) any highway project contained in the state
transportation plan or a transportation plan of a metropolitan
planning organization in effect on the effective date of the
agreement;
(2) any work or improvements on a highway project
necessary for improved safety, maintenance or operational
purposes; or
(3) any high occupancy vehicle exclusive lane addition
or other work on any highway project that is required by an
environmental regulatory agency.
(d) The private participant shall have the burden of proving
any loss of toll revenue resulting from the construction of a
highway project described in Subsection (b).
(e) The private participant shall provide compensation to the
county in the amount of any increase in toll revenues received by
the private participant that is attributable to the construction of
a highway project described in Subsection (b), less the private
participant's increased operating and maintenance costs
attributable to the highway project, if any.
(f) In this section, "transportation project" has the meaning
assigned by Section 370.003.