2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2267 - Public and Private Facilities and Infrastructure › Subchapter B. Qualifying Projects › Section 2267.053. Approval of Qualifying Projects by Responsible Governmental Entity

Sec. 2267.053.  APPROVAL OF QUALIFYING PROJECTS BY RESPONSIBLE GOVERNMENTAL ENTITY.
(a)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1075 , Sec. 12(2), eff. September 1, 2015.
(a-1)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1075 , Sec. 12(2), eff. September 1, 2015.
(b)  A responsible governmental entity may request proposals or invite bids from persons for the development or operation of a qualifying project.
(b-1)  A responsible governmental entity shall make a best value determination in evaluating the proposals received and consider the total project cost as one factor in evaluating the proposals.  The responsible governmental entity is not required to select the proposal that offers the lowest total project cost and may consider the following factors:
(1)  the proposed cost of the qualifying project;
(2)  the general reputation, industry experience, and financial capacity of the person submitting a proposal;
(3)  the proposed design and overall quality of the qualifying project;
(4)  the eligibility of the project for accelerated selection, review, and documentation timelines under the responsible governmental entity's guidelines;
(5)  comments from local citizens and affected jurisdictions;
(6)  benefits to the public;
(7)  the person's good faith effort to comply with the goals of a historically underutilized business plan;
(8)  the person's plans to employ local contractors and residents;
(9)  for a qualifying project that involves a continuing role beyond design and construction, the person's proposed rate of return and opportunities for revenue sharing;
(10)  the relationship and conformity of the qualifying project to a state or local community plan impacted by the qualifying project or to the uses of property surrounding the qualifying project;
(11)  the historic significance of the property on which the qualifying project is proposed to be located;
(12)  the environmental impact of the qualifying project; and
(13)  other criteria that the responsible governmental entity considers appropriate.
(b-2)  A responsible governmental entity may approve a qualifying project that the governmental entity determines serves a public purpose.  The responsible governmental entity must include in the comprehensive agreement for the qualifying project a written declaration of the specific public purpose served by the project.
(c)  The responsible governmental entity may approve as a qualifying project the development or operation of a facility needed by the governmental entity, or the design or equipping of a qualifying project, if the responsible governmental entity determines that the project serves the public purpose of this chapter.  The responsible governmental entity may determine that the development or operation of the project as a qualifying project serves the public purpose if:
(1)  there is a public need for or benefit derived from the project of the type the person proposes as a qualifying project;
(2)  the estimated cost of the project is reasonable in relation to similar facilities; and
(3)  the person's plans will result in the timely development or operation of the qualifying project.
(d)  The responsible governmental entity may charge a reasonable fee to cover the costs of processing, reviewing, and evaluating the proposal, including reasonable legal fees, fees for financial and technical advisors or consultants, and fees for the center's review or consultation.
(e)  The approval of a responsible governmental entity described by Section 2267.001(5)(A) is subject to the private entity or other person entering into an interim or comprehensive agreement with the responsible governmental entity.
(f)  On approval of the qualifying project, the responsible governmental entity shall establish a date by which activities related to the qualifying project must begin.  The responsible governmental entity may extend the date.
(g)  The responsible governmental entity shall take action appropriate under Section 552.153 to protect confidential and proprietary information provided by a private entity submitting the proposal and by the contracting person under an agreement.
(h)  Before completing the negotiation and entering into an interim or comprehensive agreement, each responsible governmental entity described by Section 2267.001(5)(A) must submit copies of detailed proposals, including drafts of any interim agreement and the comprehensive agreement, to the Partnership Advisory Commission in accordance with Chapter 2268.
(i)  This chapter and an interim or comprehensive agreement entered into under this chapter do not enlarge, diminish, or affect any authority a responsible governmental entity has to take action that would impact the debt capacity of this state.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 28, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1075 (H.B. 2475), Sec. 5, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1075 (H.B. 2475), Sec. 12(2), eff. September 1, 2015.