84R10817 JAM-F
	By: Simmons	H.B. No. 2685

	A BILL TO BE ENTITLED
	AN ACT
	relating to the operations of and transportation planning and
	expenditures by the Texas Department of Transportation and local
	transportation entities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 201, Transportation Code, is amended by
	adding Subchapter C-1 to read as follows:
	SUBCHAPTER C-1. ADVISORY COMMITTEES
	Sec. 201.151.  STATE INFRASTRUCTURE ADVISORY COMMITTEE. (a)
	In this section, "advisory committee" means the state
	infrastructure advisory committee.
	(b)  The state infrastructure advisory committee is composed
	of the following six members:
	(1)  three members of the senate appointed by the
	lieutenant governor, including:
	(A)  a member of the committee having primary
	jurisdiction over matters relating to finance; and
	(B)  the chair of the committee having primary
	jurisdiction over transportation; and
	(2)  three members of the house of representatives
	appointed by the speaker of the house of representatives,
	including:
	(A)  a member of the committee having primary
	jurisdiction over matters relating to appropriations; and
	(B)  the chair of the committee having primary
	jurisdiction over transportation.
	(c)  The following persons shall serve as staff support for
	the advisory committee:
	(1)  a member of the senior staff of the department,
	designated by the director, who has management-level
	responsibility for the design, implementation, and ongoing review
	of project selection criteria for transportation infrastructure
	projects;
	(2)  a member of the senior staff of the department,
	designated by the director, who has management-level
	responsibility for the funding and financing of transportation
	infrastructure projects;
	(3)  a member of the senior staff of the department,
	designated by the director, who has management-level
	responsibility relating to the department's policies on innovation
	and strategy;
	(4)  a member of the staff of the internal auditor of
	the department, designated by the commission; and
	(5)  the support staff of the commission.
	(d)  A member of the advisory committee serves at the will of
	the person who appointed the member.
	(e)  The chairs of the committees of the house of
	representatives and senate having primary jurisdiction over
	transportation serve as co-presiding officers of the advisory
	committee.
	(f)  The advisory committee may hold public hearings, formal
	meetings, or work sessions called by either co-presiding officer of
	the committee at any time. The advisory committee may not take
	formal action at a public hearing, formal meeting, or work session
	unless a quorum of the committee is present.
	(g)  Except as otherwise provided by this subsection, a
	member of the advisory committee is not entitled to receive
	compensation for service on the committee. Service on the advisory
	committee is considered legislative service for which a member of
	the advisory committee is entitled to reimbursement and other
	benefits in the same manner and to the same extent as for other
	legislative service.
	(h)  The advisory committee shall submit a report to the
	commission regarding transportation funding, project selection,
	and financing matters for use by the commission. The report must
	include an assessment of and recommendations on:
	(1)  department rules and policies regarding the
	preparation for and allocation of construction funding for projects
	involving commission discretion under the department's unified
	transportation program;
	(2)  department rules and policies regarding the
	development and implementation of performance-based scoring and
	decision-making for project prioritization and selection;
	(3)  all available programs or funds for providing
	financing for projects included in the unified transportation
	program, including guidelines for the ongoing use of each program
	or fund that has been authorized by the legislature;
	(4)  the use of and lending practices related to the
	Texas Mobility Fund;
	(5)  performance metrics and measurement tools used by
	the department to evaluate the performance of a department project
	or program;
	(6)  the department's collaboration with state elected
	officials, local governments, government trade associations,
	metropolitan planning organizations, regional mobility
	authorities, and other entities when adopting rules or formulating
	policies;
	(7)  the department's innovation and technology
	projects and programs, including information technology projects
	and technology advances in construction, maintenance, traffic
	management, and motor vehicles;
	(8)  the department's safety and maintenance projects
	and programs, including projects and programs related to energy
	sector roads and bridges; and
	(9)  the overall operation, function, and structure of
	the department and the commission.
	(i)  This subsection and Subsection (h) expire September 1,
	2017.
	(j)  The advisory committee may advise and make
	recommendations to the department and commission on any matter at
	any time, including regarding information to be posted on the
	department's Internet website.
	(k)  The advisory committee may adopt policies and
	procedures as needed to implement this section and its
	responsibilities.
	(l)  On the recommendation of the advisory committee, the
	department shall enter into a contract with an independent firm for
	a forensic audit of the actions of the department or commission in
	an area of interest determined by the advisory committee, including
	procurement procedures, information technology practices, toll
	operations, organizational structure, methods of funding or
	financing of projects, organizational transparency, external
	communications, and project selection.
	(m)  Chapter 2110, Government Code, does not apply to the
	advisory committee.
	(n)  The advisory committee is subject to Chapter 325,
	Government Code (Texas Sunset Act). Unless continued in existence
	as provided by that chapter, the committee is abolished and this
	section expires September 1, 2025.
	Sec. 201.152.  STAKEHOLDER ADVISORY COMMITTEES. (a) The
	commission shall establish one or more stakeholder advisory
	committees to make recommendations to the commission or department
	before the adoption of a rule, policy, or procedure affecting the
	stakeholders. An advisory committee has the purposes, powers, and
	duties prescribed by the commission.
	(b)  Chapter 2110, Government Code, does not apply to a
	stakeholder advisory committee established under this section.
	(c)  The commission shall appoint to each stakeholder
	advisory committee persons who:
	(1)  are selected from a list provided by the director;
	(2)  have knowledge about and interests in the work of
	the advisory committee being established; and
	(3)  represent a broad range of viewpoints on the work
	of the advisory committee being established.
	(d)  A stakeholder advisory committee must include a member
	of the public if appropriate and beneficial.
	(e)  A member of a stakeholder advisory committee may not be
	compensated by the commission or the department for service on the
	advisory committee.
	(f)  The meetings of a stakeholder advisory committee must be
	made accessible to the public in person or through electronic
	means.
	SECTION 2.  Subchapter H, Chapter 201, Transportation Code,
	is amended by adding Sections 201.6016 and 201.6017 to read as
	follows:
	Sec. 201.6016.  PRIORITIZATION OF PROJECTS BY LOCAL
	TRANSPORTATION ENTITIES AND DEPARTMENT DISTRICTS. (a) The
	department shall work with all local transportation entities in the
	state to develop and adopt uniform guidelines governing the funding
	prioritization of the entities' transportation projects.
	(b)  The commission, in consultation with department staff,
	shall establish a project selection stakeholders advisory
	committee that represents diverse interests in the state. The
	committee is composed of:
	(1)  the presiding officer of the governing body or a
	person designated by the presiding officer of at least:
	(A)  10 metropolitan planning organizations; and
	(B)  3 regional mobility authorities; and
	(2)  10 department district engineers.
	(c)  The project selection stakeholders advisory committee
	shall review proposed guidelines from each local transportation
	entity and recommend to the department uniform guidelines to be
	adopted under Subsection (a) and implemented by all local
	transportation entities and department districts.
	(d)  In making recommendations under Subsection (c), the
	project selection stakeholders advisory committee shall consider:
	(1)  the time frame in which a project is needed;
	(2)  the feasibility of a project, including the
	availability of rights-of-way, funding support, and the ability to
	plan, design, and construct the project in a reasonable period of
	time;
	(3)  the viability of a project, including whether the
	project is a comprehensive solution with a measurable outcome;
	(4)  the sustainability of a project, assessing how the
	project will meet the needs of the community, stakeholders, and the
	environment; and
	(5)  all criteria established by the commission for
	prioritization of projects.
	(e)  In prioritizing projects, each local transportation
	entity and department district shall include projects that meet
	short-term and long-term needs of the entity's jurisdiction.
	(f)  Uniform standards established under this section must
	be approved by the commission.
	(g)  Using the uniform standards established under this
	section, each local transportation entity and department district
	shall submit to the department the funding prioritization for
	transportation projects in the entity's jurisdiction.
	Sec. 201.6017.  PRIORITIZATION OF PROJECTS BY DEPARTMENT AND
	APPROVED BY COMMISSION. (a) The department shall prioritize and
	the commission shall approve projects included in the statewide
	transportation plan under Section 201.601 in order to provide
	financial assistance under this chapter.
	(b)  The department shall establish and the commission shall
	approve an overall performance-based process for setting category
	funding levels in the department's unified transportation program.
	The department shall consider a zero-based budget approach to
	address safety, maintenance, congestion, connectivity, economic
	development, and other needs.
	(c)  The department shall establish and the commission shall
	approve a point system for prioritization of projects for which
	financial assistance is sought from the commission. The project
	evaluation criteria must take into consideration the department's
	strategic goals as approved by the commission. The system must
	include a standard for the department to apply in determining how to
	take into account the diverse needs of the state so as to fairly
	allocate funding to all regions of the state.
	(d)  The department may not recommend and the commission may
	not approve a deviation from the department's selection of projects
	for funding of more than 10 percent of the current biennial budget
	of the department. A deviation must be reviewed with the state
	infrastructure advisory committee before the commission takes
	action. Not less than 60 days before approving a deviation, the
	commission must provide notice of that pending approval to the
	state infrastructure advisory committee.
	(e)  In awarding points to projects, the department shall
	give priority to projects that:
	(1)  address safety, maintenance, congestion
	mitigation, and connectivity;
	(2)  provide assistance to urban and rural populations;
	(3)  provide regional balance;
	(4)  meet a high percentage of the infrastructure needs
	of a community;
	(5)  have available funding;
	(6)  are able to begin without significant delay; and
	(7)  include public participation in the planning
	process and public support for the project.
	(f)  In addition to criteria under Subsection (e), in
	prioritizing projects the department shall consider:
	(1)  the local contribution to be made to construct the
	project;
	(2)  the financial capacity of the entity responsible
	for the project to repay the obligation if the assistance is in the
	form of a loan;
	(3)  the ability to timely leverage state financial
	support with local and federal funding;
	(4)  whether there is an emergency need for the
	project;
	(5)  whether all preliminary planning and design work
	associated with the project necessary to reasonably predict cost,
	construction period, and benefits of the project have been
	completed;
	(6)  whether all rights-of-way and easements necessary
	to begin construction have been acquired or approved;
	(7)  the start date for and certainty of the beginning
	of project construction;
	(8)  the demonstrated or projected impact on the
	community; and
	(9)  the priority given the project by the applicable
	local transportation entity under Section 201.6016.
	SECTION 3.  Section 201.809, Transportation Code, is amended
	by adding Subsections (e) through (j) to read as follows:
	(e)  The department shall develop and implement, and the
	commission shall approve, a performance-based planning and
	programming process dedicated to providing the executive and
	legislative branches of government with indicators that quantify
	and qualify progress toward attaining all department goals and
	objectives established by the legislature and the commission.
	(f)  The department shall develop and implement performance
	metrics and performance measures as part of:
	(1)  the review of strategic planning in the statewide
	transportation plan, metropolitan transportation plans, rural
	transportation plans, and unified transportation program;
	(2)  the evaluation of decision-making on projects
	selected for funding in the unified transportation program and
	statewide transportation improvement program; and
	(3)  the evaluation of project delivery for projects in
	the department's letting schedule.
	(g)  The department shall use and the commission shall review
	performance metrics and measures to:
	(1)  assess how well the transportation system is
	operating;
	(2)  provide the department, legislature,
	stakeholders, and public with information to support decisions;
	(3)  assess the effectiveness and efficiency of
	transportation projects and service delivery; and
	(4)  demonstrate transparency and accountability.
	(h)  The department shall develop and implement, and the
	commission shall approve, specific performance metrics and
	measures for sustainable objectives, including:
	(1)  congestion reduction;
	(2)  safety enhancements;
	(3)  expansion of economic opportunity;
	(4)  preservation of the value of existing
	transportation assets;
	(5)  cost efficiency of the department's operations;
	(6)  project procurement, delivery, and final cost; and
	(7)  enhancements in public participation in the
	infrastructure planning process.
	(i)  The requirement for the department to develop and
	implement a performance-based planning and programming process
	does not replace or alter the requirement of the department to
	comply with the budgetary performance measures for each biennium as
	established in the General Appropriations Act. The department may
	not rely on its requirement to report budgetary performance
	measures as satisfying the requirements imposed under this section.
	(j)  The department shall develop and implement monthly and
	annual reporting schedules for all performance metrics and measures
	required under this section.
	SECTION 4.  Section 201.117, Transportation Code, is
	repealed.
	SECTION 5.  Not later than January 1, 2017, the state
	infrastructure advisory committee established by Section 201.151,
	Transportation Code, as added by this Act, shall submit to the
	legislature the report required by that section.
	SECTION 6.  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.