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A BILL TO BE ENTITLED |
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AN ACT |
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relating to a moratorium on the inclusion of certain provisions in a
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comprehensive development agreement or the sale of a toll project |
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and to the creation and duties of a study committee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 223, Transportation Code, |
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is amended by adding Section 223.210 to read as follows: |
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Sec. 223.210. MORATORIUM ON CERTAIN TERMS IN COMPREHENSIVE
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DEVELOPMENT AGREEMENTS OR SALE OF TOLL PROJECTS. (a) In this
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section: |
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(1) "Toll project" means a toll project described by
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Section 201.001(b), regardless of whether the toll project: |
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(A) is a part of the state highway system; or |
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(B) is subject to the jurisdiction of the
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department. |
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(2) "Toll project entity" means a public entity
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authorized by law to acquire, design, construct, finance, operate,
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or maintain a toll project, including: |
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(A) the department; |
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(B) a regional tollway authority; |
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(C) a regional mobility authority; or |
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(D) a county. |
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(b) A comprehensive development agreement entered into with
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a private participant by a toll project entity on or after the
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effective date of this subsection for the acquisition, design,
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construction, financing, operation, or maintenance of a toll
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project may not contain a provision permitting the private |
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participant to operate and collect revenue from the toll project. |
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(c) On or after the effective date of this subsection, a
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toll project entity may not sell or enter into a contract to sell a
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toll project of the entity to a private entity. |
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(d) A legislative study committee is created. The committee
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is composed of nine members, appointed as follows: |
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(1) three members appointed by the lieutenant |
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governor; |
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(2) three members appointed by the speaker of the
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house of representatives; and |
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(3) three members appointed by the governor. |
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(e) The legislative study committee shall select a |
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presiding officer from among its members and conduct public |
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hearings and study the public policy implications of including in a
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comprehensive development agreement entered into by a toll project
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entity with a private participant in connection with a toll project
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a provision that permits the private participant to operate and
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collect revenue from the toll project. In addition, the committee
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shall examine the public policy implications of selling an existing
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and operating toll project to a private entity. |
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(f) Not later than December 1, 2008, the legislative study
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committee shall: |
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(1) prepare a written report summarizing: |
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(A) any hearings conducted by the committee; |
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(B) any legislation proposed by the committee; |
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(C) the committee's recommendations for |
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safeguards and protections of the public's interest when a contract
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for the sale of a toll project to a private entity is entered into;
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and |
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(D) any other findings or recommendations of the
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committee; and |
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(2) deliver a copy of the report to the governor, the
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lieutenant governor, and the speaker of the house of |
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representatives. |
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(g) On December 31, 2008, the legislative study committee
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created under this section is abolished. |
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(h) This section expires September 1, 2009. |
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SECTION 2. 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, 2007. |
