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Amend HB 1892 on third reading as follows:
1. Section 223.203, Transportation Code, is amended by
adding subsections (f-2) and (f-3) to read as follows:
(f-2) Subsection (f-1) does not apply to a comprehensive
development agreement in connection with a project:
(1) that includes one or more managed lane facilities
to be added to an existing controlled-access highway;
(2) the major portion of which is located in a
nonattainment or near-nonattainment air quality area as designated
by the United States Environmental Protection Agency; and
(3) for which the department has issued a request for
qualifications before the effective date of this section.
(f-3) Notwithstanding the TxDOT/NTTA Regional Protocol
entered into between the department and the North Texas Tollway
Authority (the authority) and approved on August 10, 2006, by the
tollway authority and on August 24, 2006, by the department,
Subsection (f-1) does not apply to a comprehensive development
agreement:
(1) entered into in connection with State Highway 121
if, before the commission or the department enters into a contract
for the financing, construction, or operation of the project with a
private participant, an authority under Chapter 366 was granted the
ability to finance, construct, or operate, as applicable, the
portion of the toll project located within the boundaries of the
authority, and the authority was granted a period of 60 days from
March 26, 2007, to submit a commitment to the metropolitan planning
organization which is determined to be equal to or greater than any
other commitment submitted prior to March 26, 2007; if the
financial value of the commitment is determined to be equal to or
greater value than any other commitment submitted prior to March
26, 2007, then the commission shall allow the authority to develop
the project; or
(2) entered into in connection with State Highway 161
if, before the commission or the department enters into a contract
with a private participant for the financing, construction, or
operation, an authority under Chapter 366 was granted the ability
to finance, construct, or operate, as applicable, the portion of
the toll project located within the boundaries of the authority,
and the authority was granted a period of 90 days to submit a
commitment to the metropolitan planning organization; if the
authority makes a commitment to proceed, then the department shall
allow the authority to proceed and the authority must enter into
contracts to finance, construct, or operate the project within 180
days.
2. Section 223.208, Transportation Code, is amended by adding
subsections (i) and (i-2) to read as follows:
(i) A comprehensive development agreement with a private
participant that includes the collection by the private participant
of tolls for the use of a toll project may be for a term not longer
than 50 years for a comprehensive development agreement in
connection with a project:
(1) that includes one or more managed lane facilities
to be added to an existing controlled-access highway;
(2) the major portion of which is located in a
nonattainment or near-nonattainment air quality area as designated
by the United States Environmental Protection Agency; and
(3) for which the department has issued a request for
qualifications before the effective date of this section.
(i-2) Notwithstanding the TxDOT/NTTA Regional Protocol
entered into between the department and the North Texas Tollway
Authority (the authority) and approved on August 10, 2006, by the
tollway authority and on August 24, 2006, by the department,
Subsection (i) applies to a comprehensive development agreement:
(1) entered into in connection with State Highway 121
if, before the commission or the department enters into a contract
for the financing, construction, or operation of the project with a
private participant, an authority under Chapter 366 was granted the
ability to finance, construct, or operate, as applicable, the
portion of the toll project located within the boundaries of the
authority, and the authority was granted a period of 60 days from
March 26, 2007, to submit a commitment to the metropolitan planning
organization which is determined to be equal to or greater than any
other commitment submitted prior to March 26, 2007; if the
financial value of the commitment is determined to be equal to or
greater value than any other commitment submitted prior to March
26, 2007, then the commission shall allow the authority to develop
the project; or
(2) entered into in connection with State Highway 161
if, before the commission or the department enters into a contract
with a private participant for the financing, construction, or
operation, an authority under Chapter 366 was granted the ability
to finance, construct, or operate, as applicable, the portion of
the toll project located within the boundaries of the authority,
and the authority was granted a period of 90 days to submit a
commitment to the metropolitan planning organization; if the
authority makes a commitment to proceed, then the department shall
allow the authority to proceed and the authority must enter into
contracts to finance, construct, or operate the project within 180
days.