Bill Text: TX HB13 | 2015-2016 | 84th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to categories of and funding allocation for transportation projects by the Texas Department of Transportation and local transportation entities.
Spectrum: Moderate Partisan Bill (Republican 18-4)
Status: (Engrossed - Dead) 2015-05-29 - Returned from the House for further action [HB13 Detail]
Download: Texas-2015-HB13-Engrossed.html
Bill Title: Relating to categories of and funding allocation for transportation projects by the Texas Department of Transportation and local transportation entities.
Spectrum: Moderate Partisan Bill (Republican 18-4)
Status: (Engrossed - Dead) 2015-05-29 - Returned from the House for further action [HB13 Detail]
Download: Texas-2015-HB13-Engrossed.html
By: Pickett, Phillips, Martinez, Simmons, | H.B. No. 13 | |
Burkett, et al. |
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relating to categories of and funding allocation for transportation | ||
projects by the Texas Department of Transportation and local | ||
transportation entities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter P, Chapter 201, Transportation Code, | ||
is amended by adding Sections 201.9901 and 201.9902 to read as | ||
follows: | ||
Sec. 201.9901. DEFINITIONS. In this subchapter: | ||
(1) "Planning organization" means: | ||
(A) a metropolitan planning organization; or | ||
(B) for an area that is not within the boundaries | ||
of a metropolitan planning organization, the department district | ||
that serves the area. | ||
(2) "Region" means the area for which a planning | ||
organization develops plans under this subchapter. | ||
(3) "Transportation official" means an official in a | ||
political subdivision who has responsibility for planning and | ||
implementation of transportation projects. | ||
Sec. 201.9902. UPDATE TO TRANSPORTATION FUNDING CATEGORIES | ||
AND ALLOCATION FORMULAS. (a) Not later than October 1, 2015, the | ||
commission shall initiate a process to review the categories and | ||
formulas adopted under Sections 201.991(b)(2) and 201.996. | ||
(b) The review process must include an effort by the | ||
department to seek the collective input of all planning | ||
organizations in the state. The department shall convene meetings | ||
as necessary to facilitate discussions among planning | ||
organizations that will result in a consensus recommendation among | ||
a majority of the planning organizations as to updated funding | ||
categories and funding allocation formulas. | ||
(c) Not later than May 1, 2016, the commission shall adopt | ||
rules implementing updated funding categories and funding | ||
allocation formulas. To the extent that the adopted categories or | ||
funding allocation formulas differ from the consensus | ||
recommendations of the planning organizations, the commission must | ||
provide a detailed written explanation for the differences. The | ||
explanation must be made available on the department's Internet | ||
website. | ||
(d) This section expires September 1, 2017. | ||
SECTION 2. Subchapter P, Chapter 201, Transportation Code, | ||
is amended by adding Sections 201.9911, 201.9921, 201.9931, and | ||
201.9932 to read as follows: | ||
Sec. 201.9911. PLANNING ORGANIZATION 10-YEAR PLAN. (a) | ||
Each planning organization shall develop a 10-year transportation | ||
plan for the use of the funding allocated to the region. The | ||
department shall assist the planning organizations by providing in | ||
a timely manner such information as is reasonably requested by the | ||
planning organizations. | ||
(b) The plan must identify the items described by Section | ||
201.9921(b) as applicable to the planning organization and the | ||
funding of transportation projects in the region. | ||
(c) The first four years of the plan shall be developed to | ||
meet the transportation improvement plan requirements of 23 U.S.C. | ||
Section 134 or 135, as applicable. | ||
(d) For an area that is not within the boundaries of a | ||
metropolitan planning organization, the department district shall | ||
develop the 10-year transportation plan with input from municipal | ||
and county elected officials and transportation officials in the | ||
region. | ||
Sec. 201.9921. TEN-YEAR CASH FLOW PROJECTION. (a) Not | ||
later than September 1 of each odd-numbered year, the department's | ||
chief financial officer shall prepare and publish a cash flow | ||
forecast for a period of not less than 10 years. | ||
(b) The forecast must identify: | ||
(1) the aggregate amount of all sources of funding | ||
available for eligible transportation projects; | ||
(2) the amount previously committed to eligible | ||
transportation projects based on actions of the commission; | ||
(3) the amount not committed to projects but that the | ||
department anticipates allocating during the forecast period | ||
through formulas adopted under Section 201.996; and | ||
(4) the sources of all funds projected to be available | ||
during the forecast period, including bond proceeds, and an | ||
estimation of debt service payments associated with the bond | ||
proceeds. | ||
(c) The first two years of the forecast must be based on the | ||
appropriation of funds in the General Appropriations Act for the | ||
department for that biennium. | ||
Sec. 201.9931. PLANNING ORGANIZATION PROJECT SELECTION AND | ||
PRIORITIZATION. (a) Each planning organization shall select | ||
projects in its region and prioritize them using the criteria | ||
developed under Section 201.9932. | ||
(b) For an area not located within the boundaries of a | ||
metropolitan planning organization, the applicable department | ||
district shall select projects and prioritize them with input from | ||
municipal and county elected officials and transportation | ||
officials using the criteria developed under Section 201.9932. | ||
(c) The department shall compile the project selections of | ||
the planning organizations to develop the statewide transportation | ||
plan in accordance with 23 U.S.C. Section 135. | ||
Sec. 201.9932. PROJECT SELECTION CRITERIA. Each planning | ||
organization shall develop its own project selection criteria, | ||
which must include consideration of: | ||
(1) projected improvements to congestion and safety; | ||
(2) projected effects on economic development | ||
opportunities for residents of the region; | ||
(3) available funding, including locally generated | ||
funding; | ||
(4) effects on the environment, including air quality; | ||
(5) socioeconomic effects; and | ||
(6) any other factors deemed appropriate by the | ||
planning organization. | ||
SECTION 3. Section 201.996, Transportation Code, is amended | ||
by adding Subsection (d) to read as follows: | ||
(d) The commission may not consider transferring funds | ||
between categories by any method outside the established formulas | ||
or allocating funds subject to the discretion of the commission | ||
unless: | ||
(1) the commission considers the transfer or | ||
allocation at a regularly scheduled commission meeting; and | ||
(2) the department presents to the commission a | ||
written explanation of the transfer, including the need and | ||
justification for the deviation from the formula allocation or use | ||
of discretionary funds, at a regularly scheduled commission meeting | ||
held in the month before the meeting described by Subdivision (1). | ||
SECTION 4. Subchapter P, Chapter 201, Transportation Code, | ||
is amended by adding Section 201.9961 to read as follows: | ||
Sec. 201.9961. USE OF ADDITIONAL REVENUE AND BOND PROCEEDS | ||
FOR CERTAIN PROJECTS. (a) If money from the general revenue fund | ||
or state highway fund is appropriated to the department for the | ||
state fiscal biennium beginning September 1, 2015, in an amount | ||
that exceeds the appropriation from those funds to the department | ||
for the previous fiscal biennium, or if a constitutional amendment | ||
providing additional money to the department is adopted, the | ||
commission may use the additional money to finance projects that | ||
would otherwise be financed using proceeds from: | ||
(1) the sale and issuance of bonds and other public | ||
securities secured by the state highway fund under Section 49-n, | ||
Article III, Texas Constitution, as proposed by H.J.R. 28, 78th | ||
Legislature, Regular Session, 2003; or | ||
(2) general obligation bonds issued under Section | ||
49-p, Article III, Texas Constitution. | ||
(b) The commission shall determine whether the unused | ||
proceeds from bonds described by Subsection (a) may be used to | ||
finance projects, in addition to those allocated funding under | ||
Section 201.996, that reduce congestion, increase capacity, reduce | ||
tolls, or promote safety. The commission shall adopt rules | ||
establishing criteria for projects to be considered eligible for | ||
financing under this subsection. | ||
(c) Not later than the 30th day before the date the | ||
commission authorizes the use of money under this section, the | ||
commission shall hold a public meeting to consider that | ||
authorization. | ||
(d) This section expires September 1, 2017. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. |