By: Pickett, et al. (Senate Sponsor - Nichols) H.B. No. 13
         (In the Senate - Received from the House May 4, 2015;
  May 5, 2015, read first time and referred to Committee on
  Transportation; May 18, 2015, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 8, Nays 0;
  May 18, 2015, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 13 By:  Nichols
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  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)  "Project" means a connectivity or new capacity
  roadway project in the region of a planning organization. The term
  does not include a safety project, bridge project, federal
  discretionary project, maintenance project, or preservation
  project.
               (3)  "Region" means the area for which a planning
  organization develops plans under this subchapter.
               (4)  "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.  PROJECT RECOMMENDATION AND PRIORITIZATION.
  (a) Each planning organization shall recommend projects in its
  region and prioritize them using the criteria developed under
  Section 201.9932 and in accordance with 23 U.S.C. Section 135.
         (b)  For an area not located within the boundaries of a
  metropolitan planning organization, the applicable department
  district shall recommend projects and prioritize them with input
  from municipal and county elected officials and transportation
  officials using the criteria developed under Section 201.9932 and
  in accordance with 23 U.S.C. Section 135.
         (c)  The department shall compile the project
  recommendations of the planning organizations to develop the
  statewide transportation plan in accordance with 23 U.S.C. Section
  135.
         Sec. 201.9932.  PROJECT RECOMMENDATION CRITERIA. Each
  planning organization shall develop its own project recommendation
  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;
               (4)  effects on the environment, including air quality;
               (5)  socioeconomic effects, including
  disproportionately high and adverse health or environmental
  effects on minority or low-income neighborhoods; and
               (6)  any other factors considered appropriate by the
  planning organization, including local criteria that focus on
  objectives unique to the organization's jurisdiction.
         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.  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.
 
  * * * * *