reglab/statecodes huggingface dataset:
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 A. General Provisions › Section 2267.003. Applicability

Sec. 2267.003.  APPLICABILITY.  This chapter does not apply to:
(1)  the financing, design, construction, maintenance, or operation of a highway in the state highway system;
(2)  a transportation authority operating under Chapter 451, 452, 453, or 460, Transportation Code, other than a metropolitan rapid transit authority operating under Chapter 451, Transportation Code, in which the principal municipality has a population of 1.9 million or more;
(3)  any telecommunications, cable television, video service, or broadband infrastructure other than technology installed as part of a qualifying project that is essential to the project; or
(4)  except as provided by Section 2165.259, a qualifying project located in the Capitol Complex, as defined by Section 443.0071.
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. 24, eff. June 14, 2013.
Acts 2017, 85th Leg., R.S., Ch. 526 (S.B. 255), Sec. 7, eff. September 1, 2017.
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 A. General Provisions › Section 2267.004. Applicability of Eminent Domain Law

Sec. 2267.004.  APPLICABILITY OF EMINENT DOMAIN LAW.  This chapter does not alter the eminent domain laws of this state or grant the power of eminent domain to any person who is not expressly granted that power under other state law.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 1, eff. September 1, 2011.
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 A. General Provisions › Section 2267.005. Conflict of Interest

Sec. 2267.005.  CONFLICT OF INTEREST.  An employee of a responsible governmental entity or a person related to the employee within the second degree by consanguinity or affinity, as determined under Chapter 573, may not accept money, a financial benefit, or other consideration from a contracting person that has entered into a comprehensive agreement with the responsible governmental entity.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 25, eff. June 14, 2013.
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 A. General Provisions › Section 2267.0051. Prohibited Employment With Former or Retired Governmental Entity Employees

Sec. 2267.0051.  PROHIBITED EMPLOYMENT WITH FORMER OR RETIRED GOVERNMENTAL ENTITY EMPLOYEES.  (a)  A contracting person may not employ or enter into a professional services contract or a consulting services contract under Chapter 2254 with a former or retired employee of the responsible governmental entity with which the person has entered into a comprehensive agreement before the first anniversary of the date on which the former or retired employee terminates employment with the entity.
(b)  This section does not prohibit the contracting person from entering into a professional services contract with a corporation, firm, or other business organization that employs a former or retired employee of the responsible governmental entity before the first anniversary of the date the former or retired employee terminates employment with the entity if the former or retired employee does not perform services for the corporation, firm, or other business organization under the comprehensive agreement with the responsible governmental entity that the former or retired employee worked on before terminating employment with the entity.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 25, eff. June 14, 2013.
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 A. General Provisions › Section 2267.0052. Prohibited Employment of Responsible Governmental Entity Employees

Sec. 2267.0052.  PROHIBITED EMPLOYMENT OF RESPONSIBLE GOVERNMENTAL ENTITY EMPLOYEES.  (a)  An employee of a responsible governmental entity may not be employed or hired by another person to perform duties that relate to the employee's specific duties in developing and implementing a qualifying project, including review, evaluation, development, and negotiation of a qualifying project proposal.
(b)  The responsible governmental entity shall obtain from each employee sufficient information to determine whether:
(1)  the employee is employed by another person; and
(2)  a potential conflict of interest exists between the employee's duties for the entity and the employee's duties with the other employer.
(c)  Each employee of a responsible governmental entity whose duties relate to a qualifying project shall attest that the employee is aware of and agrees to the responsible governmental entity's ethics and conflict-of-interest policies.
(d)  To the extent the other employment is authorized by the responsible governmental entity's policy, this section does not prohibit additional employment for an employee of a responsible governmental entity whose duties are not related to a qualifying project.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 25, eff. June 14, 2013.
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 A. General Provisions › Section 2267.006. Development Plan

Sec. 2267.006.  DEVELOPMENT PLAN.  (a)  If the state intends to develop or operate a qualifying project under this chapter, the state entity proposing to develop or operate the project may adopt a development plan on the real property associated with the project.
(b)  The purpose of a development plan is to conserve and enhance the value of real property belonging to the state, taking into consideration the preservation of the health, safety, and general welfare of the communities in which the real property is situated.
(c)  The plan must address local land use planning ordinances, which may include the following:
(1)  allocation and location of specific uses of the real property, including residential, commercial, industrial, recreational, or other appropriate uses;
(2)  densities and intensities of designated land uses;
(3)  the timing and rate of development;
(4)  timely delivery of adequate facilities and services, including water, wastewater collection and treatment systems, parks and public recreational facilities, drainage facilities, school sites, and roads and transportation facilities; or
(5)  needed zoning and other land use regulations.
(d)  The plan must comply with existing rules, regulations, orders, or ordinances for real property development to the extent the rules, regulations, orders, or ordinances are not detrimental to the interests of the state as determined by the special board of review.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 25, eff. June 14, 2013.
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 A. General Provisions › Section 2267.0062. Submission of Plan to Affected Local Government

Sec. 2267.0062.  SUBMISSION OF PLAN TO AFFECTED LOCAL GOVERNMENT.  (a)  The development plan adopted under Section 2267.006 shall be submitted to any local government having jurisdiction over the real property in question for consideration.
(b)  The local government shall evaluate the plan and either accept or reject the plan not later than the 120th day after the date the state entity submits the plan.
(c)  The plan may be rejected by the local government only on grounds that it does not comply with local ordinances and land use regulations, including zoning and subdivision ordinances.
(d)  If the plan is rejected, the local government shall specifically identify any ordinance with which the plan conflicts and propose specific modifications to the plan that will bring it into compliance with the local ordinance.
(e)  If the plan is rejected by the affected local government, the state entity may modify the plan to conform to the ordinances specifically identified by the local government and resubmit the plan for approval, or the state entity may apply for necessary rezoning or variances from the local ordinances.
(f)  Failure by the local government to act within the 120-day period prescribed by Subsection (b) is considered an acceptance by the local government of the plan.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 25, eff. June 14, 2013.
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 A. General Provisions › Section 2267.0063. Rezoning

Sec. 2267.0063.  REZONING.  (a)  If the plan would require zoning inconsistent with any existing zoning or other land use regulation, the state entity or its designated representative may at any time submit a request for rezoning to the local government with jurisdiction over the real property in question.
(b)  The rezoning or variance request shall be submitted in the same manner as any such request is submitted to the affected local government provided the local government takes final action on the request not later than the 120th day after the date the request for rezoning or variance is submitted.
(c)  Failure by the local government to act within the 120-day period prescribed by Subsection (b) is considered an approval of the rezoning request by the local government.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 25, eff. June 14, 2013.
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 A. General Provisions › Section 2267.0064. Fees and Assessments

Sec. 2267.0064.  FEES AND ASSESSMENTS.  (a)  The local government may not impose application, filing, or other fees or assessments on the state for consideration of the plan or the application for rezoning or variance submitted by the state.
(b)  The local government may not require the submission of architectural, engineering, or impact studies to be completed at state expense before considering the plan or application for rezoning or variance.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 25, eff. June 14, 2013.
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 A. General Provisions › Section 2267.0065. Special Board of Review

Sec. 2267.0065.  SPECIAL BOARD OF REVIEW.  (a)  If the local government denies the rezoning request submitted under this chapter, the matter may be appealed to a special board of review consisting of the following members:
(1)  the land commissioner;
(2)  the mayor of the municipality within whose corporate boundaries or extraterritorial jurisdiction the real property is located;
(3)  the county judge of the county in which the qualifying project is located;
(4)  the executive director of the state entity that proposes to develop or operate the qualifying project; and
(5)  a member appointed by the governor.
(b)  The land commissioner shall serve as the presiding officer of the special board of review.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 25, eff. June 14, 2013.
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 A. General Provisions › Section 2267.0066. Hearing

Sec. 2267.0066.  HEARING.  (a)  The special board of review shall conduct one or more public hearings to consider the proposed development plan.
(b)  Hearings shall be conducted in accordance with rules adopted by the General Land Office for conducting a special review.
(c)  If real property is located in more than one municipality, the hearings on any single tract of real property may be combined.
(d)  Any political subdivision in which the tract in question is located and the appropriate central appraisal district shall receive written notice of board hearings at least 14 days before the date of the hearing.
(e)  At least one hearing shall be conducted in the county where the real property is located.
(f)  If after the hearings the special board of review determines that local zoning requirements are detrimental to the best interest of the state, the board shall issue an order establishing a development plan to govern the use of the real property as provided in this section.
(g)  Development of the real property shall be in accordance with the plan and must comply with all local rules, regulations, orders, or ordinances except as specifically identified in an order of the special board of review issued pursuant to Subsection (f).  In the event that substantial progress is not made toward development of the tract within five years of the date of adoption by the special board of review, local development policies and procedures shall become applicable to development of the tract, unless the special board of review promulgates a new plan.
(h)  The hearing may not be considered a contested case proceeding under Chapter 2001 and is not subject to appeal under that chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 25, eff. June 14, 2013.
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 A. General Provisions › Section 2267.0067. Binding Effect of Development Plan

Sec. 2267.0067.  BINDING EFFECT OF DEVELOPMENT PLAN.  (a)  Except as provided by this subsection, a development plan promulgated by the special board of review under this chapter and any plan accepted by a local government shall be final and binding on the state, its lessees, successors in interest and assigns, and affected local governments or political subdivisions unless revised by the special board of review.  If the state entity does not receive a bid or auction solicitation for the real property subject to the development plan, the state entity, at the direction of the executive director of the entity, may revise the development plan to conserve and enhance the value and marketability of the real property.
(b)  A local government, political subdivision, owner, builder, developer, or any other person may not modify the development plan without specific approval by the special board of review.
(c)  The special board of review must file a copy of the development plan in the deed records of the county in which the real property is located.  Revisions to the development plan that are requested after the later of the 10th anniversary of the date on which the development plan was adopted by the special board of review or the date on which the state no longer holds a financial or property interest in the real property subject to the plan are governed by local development policies and procedures.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 25, eff. June 14, 2013.
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 A. General Provisions › Section 2267.007. Qualifying Projects in Capitol Complex

Sec. 2267.007.  QUALIFYING PROJECTS IN CAPITOL COMPLEX.  The Texas Facilities Commission may develop or operate a qualifying project located in the Capitol complex, as defined by Section 443.0071, as provided by this chapter only if specifically granted the authority by the legislature.
Added by Acts 2013, 83rd Leg., R.S., Ch. 713 (H.B. 3436), Sec. 2, eff. June 14, 2013.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1339 (S.B. 894), Sec. 2, eff. June 14, 2013.
Redesignated from Government Code, Section 2267.005 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(30), eff. September 1, 2015.
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 2267.051. Approval Required

Sec. 2267.051.  APPROVAL REQUIRED.  A person may not develop or operate a qualifying project unless the person obtains the approval of and contracts with the responsible governmental entity under this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1075 (H.B. 2475), Sec. 3, eff. September 1, 2015.
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 2267.054. Service Contracts

Sec. 2267.054.  SERVICE CONTRACTS.  A responsible governmental entity may contract with a contracting person for the delivery of services to be provided as part of a qualifying project in exchange for service payments and other consideration as the governmental entity considers appropriate.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 1, eff. September 1, 2011.
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 2267.055. Affected Jurisdictions

Sec. 2267.055.  AFFECTED JURISDICTIONS.  (a)  A private entity whose proposal, other than a proposal for a service contract, is accepted for conceptual stage evaluation under Section 2267.053 shall notify each affected jurisdiction by providing a copy of its proposal to the affected jurisdiction.
(b)  Not later than the 60th day after the date an affected jurisdiction receives the notice required by Subsection (a), the affected jurisdiction that is not the responsible governmental entity for the respective qualifying project shall submit in writing to the responsible governmental entity any comments the affected jurisdiction has on the proposed qualifying project and indicate whether the facility or project is compatible with the local comprehensive plan, local infrastructure development plans, the capital improvements budget, or other government spending plan.  The responsible governmental entity shall consider the submitted comments before entering into a comprehensive agreement with a contracting person.
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. 29, eff. June 14, 2013.
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 2267.056. Dedication and Conveyance of Public Property

Sec. 2267.056.  DEDICATION AND CONVEYANCE OF PUBLIC PROPERTY.  (a)  After obtaining any appraisal of the property interest that is required under other law in connection with the conveyance, a governmental entity may dedicate any property interest, including land, improvements, and tangible personal property, for public use in a qualifying project if the governmental entity finds that the dedication will serve the public purpose of this chapter by minimizing the cost of a qualifying project to the governmental entity or reducing the delivery time of a qualifying project.
(b)  In connection with a dedication under Subsection (a), a governmental entity may convey any property interest, including a license, franchise, easement, or another right or interest the governmental entity considers appropriate, subject to the conditions imposed by general law governing such conveyance and subject to the rights of an existing utility under a license, franchise, easement, or other right under law, to the contracting person for the consideration determined by the governmental entity.  The consideration may include the agreement of the contracting person to develop or operate the qualifying project.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 1, eff. September 1, 2011.
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 2267.059. Interim Agreement

Sec. 2267.059.  INTERIM AGREEMENT.  Before or in connection with the negotiation of the comprehensive agreement, the responsible governmental entity may enter into an interim agreement with the contracting person proposing the development or operation of the qualifying project.  The interim agreement may:
(1)  authorize the contracting person to begin project phases or activities for which the contracting person may be compensated relating to the proposed qualifying project, including project planning and development, design, engineering, environmental analysis and mitigation, surveying, and financial and revenue analysis, including ascertaining the availability of financing for the proposed facility or facilities of the qualifying project;
(2)  establish the process and timing of the negotiation of the comprehensive agreement; and
(3)  contain any other provision related to any aspect of the development or operation of a qualifying project that the parties consider appropriate.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 1, eff. September 1, 2011.
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 2267.060. Federal, State, and Local Assistance

Sec. 2267.060.  FEDERAL, STATE, AND LOCAL ASSISTANCE.  (a)  The contracting person and the responsible governmental entity may use any funding resources that are available to the parties, including:
(1)  accessing any designated trust funds; and
(2)  borrowing or accepting grants from any state infrastructure bank.
(b)  The responsible governmental entity may take any action to obtain federal, state, or local assistance for a qualifying project that serves the public purpose of this chapter and may enter into any contracts required to receive the assistance.
(c)  If the responsible governmental entity is a state agency, any money received from the state or federal government or any agency or instrumentality of the state or federal government is subject to appropriation by the legislature.
(d)  The responsible governmental entity may determine that it serves the public purpose of this chapter for all or part of the costs of a qualifying project to be directly or indirectly paid from the proceeds of a grant or loan made by the local, state, or federal government or any agency or instrumentality of the government.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 1, eff. September 1, 2011.
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 2267.0605. Performance and Payment Bonds Required

Sec. 2267.0605.  PERFORMANCE AND PAYMENT BONDS REQUIRED.  (a)  The construction, remodel, or repair of a qualifying project may be performed only after performance and payment bonds for the construction, remodel, or repair have been executed in compliance with Chapter 2253 regardless of whether the qualifying project is on public or private property or is publicly or privately owned.
(b)  For purposes of this section, a qualifying project is considered a public work under Chapter 2253 and the responsible governmental entity shall assume the obligations and duties of a governmental entity under that chapter.  The obligee under a performance bond under this section may be a public entity, a private person, or an entity consisting of both a public entity and a private person.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 1, eff. September 1, 2011.
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 2267.061. Material Default; Remedies

Sec. 2267.061.  MATERIAL DEFAULT; REMEDIES.  (a)  If the contracting person commits a material default, the responsible governmental entity may assume the responsibilities and duties of the contracting person of the qualifying project.  If the responsible governmental entity assumes the responsibilities and duties of the contracting person, the responsible governmental entity has all the rights, title, and interest in the qualifying project, subject to any liens on revenue previously granted by the contracting person to any person providing financing for the project.
(b)  A responsible governmental entity that has the power of eminent domain under state law may exercise that power to acquire the qualifying project in the event of a material default by the contracting person.  Any person who has provided financing for the qualifying project, and the contracting person to the extent of its capital investment, may participate in the eminent domain proceedings with the standing of a property owner.
(c)  The responsible governmental entity may terminate, with cause, any applicable interim or comprehensive agreement and exercise any other rights and remedies available to the governmental entity at law or in equity.
(d)  The responsible governmental entity may make any appropriate claim under the letters of credit or other security or the performance and payment bonds required by Section 2267.058(a)(1).
(e)  If the responsible governmental entity elects to assume the responsibilities and duties for a qualifying project under Subsection (a), the responsible governmental entity may:
(1)  develop or operate the qualifying project;
(2)  impose user fees;
(3)  impose and collect lease payments for the use of the project; and
(4)  comply with any applicable contract to provide services.
(f)  The responsible governmental entity shall collect and pay to secured parties any revenue subject to a lien to the extent necessary to satisfy the contracting person's obligations to secured parties, including the maintenance of reserves.  The liens shall be correspondingly reduced and, when paid off, released.
(g)  Before any payment is made to or for the benefit of a secured party, the responsible governmental entity may use revenue to pay the current operation and maintenance costs of the qualifying project, including compensation to the responsible governmental entity for its services in operating and maintaining the qualifying project.  The right to receive any payment is considered just compensation for the qualifying project.
(h)  The full faith and credit of the responsible governmental entity may not be pledged to secure any financing of the contracting person that was assumed by the governmental entity when the governmental entity assumed responsibility for the qualifying project.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 1, eff. September 1, 2011.
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 2267.062. Eminent Domain

Sec. 2267.062.  EMINENT DOMAIN.  (a)  At the request of the contracting person, the responsible governmental entity may exercise any power of eminent domain that it has under law to acquire any land or property interest to the extent that the responsible governmental entity dedicates the land or property interest to public use and finds that the action serves the public purpose of this chapter.
(b)  Any amounts to be paid in any eminent domain proceeding shall be paid by the contracting person.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 1, eff. September 1, 2011.
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 2267.063. Affected Facility Owner

Sec. 2267.063.  AFFECTED FACILITY OWNER.  (a)  The contracting person and each facility owner, including a public utility, a public service company, or a cable television provider, whose facilities will be affected by a qualifying project shall cooperate fully in planning and arranging the manner in which the facilities will be affected.
(b)  The contracting person and responsible governmental entity shall ensure that a facility owner whose facility will be affected by a qualifying project does not suffer a disruption of service as a result of the construction or improvement of the qualifying project.
(c)  A governmental entity possessing the power of eminent domain may exercise that power in connection with the relocation of facilities affected by the qualifying project or facilities that must be relocated to the extent that the relocation is necessary or desirable by construction of, renovation to, or improvements to the qualifying project, which includes construction of, renovation to, or improvements to temporary facilities to provide service during the period of construction or improvement.  The governmental entity shall exercise its power of eminent domain to the extent required to ensure an affected facility owner does not suffer a disruption of service as a result of the construction or improvement of the qualifying project during the construction or improvement or after the qualifying project is completed or improved.
(d)  The contracting person shall pay any amount owed for the crossing, constructing, or relocating of facilities.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 1, eff. September 1, 2011.
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 2267.064. Police Powers; Violations of Law

Sec. 2267.064.  POLICE POWERS; VIOLATIONS OF LAW.  A peace officer of this state or of any affected jurisdiction has the same powers and jurisdiction within the area of the qualifying project as the officer has in the officer's area of jurisdiction.  The officer may access the qualifying project at any time to exercise the officer's powers and jurisdiction.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 1, eff. September 1, 2011.
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 2267.065. Procurement Guidelines

Sec. 2267.065.  PROCUREMENT GUIDELINES.  (a)  Chapters 2155, 2156, and 2166, any interpretations, rules, or guidelines of the comptroller and the Texas Facilities Commission, and interpretations, rules, or guidelines developed under Chapter 2262 do not apply to a qualifying project under this chapter.
(b)  A responsible governmental entity may enter into a comprehensive agreement only in accordance with guidelines that require the contracting person to design and construct the qualifying project in accordance with procedures that do not materially conflict with those specified in:
(1)  Subchapter G, Chapter 2269, for facilities projects described by Section 2269.302; or
(2)  Subchapter H, Chapter 2269, for civil works projects as defined by Section 2269.351.
(c)  This chapter does not authorize a responsible governmental entity or a contracting person to obtain professional services through any process except in accordance with Subchapter A, Chapter 2254.
(d)  Identified team members, including the architect, engineer, or builder, may not be substituted or replaced once a project is approved and an interim or comprehensive agreement is executed without the written approval of the responsible governmental entity.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1075 (H.B. 2475), Sec. 7, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2268 - Partnership Advisory Commission › Subchapter A. General Provisions › Section 2268.001. Definitions

Sec. 2268.001.  DEFINITIONS.  In this chapter:
(1)  "Center" means the center for alternative finance and procurement established under Section 2152.110 by the Texas Facilities Commission.
(1-a)  "Commission" means the Partnership Advisory Commission.
(2)  "Comprehensive agreement" has the meaning assigned by Section 2267.001.
(3)  "Detailed proposal" means a proposal for a qualifying project accepted by a responsible governmental entity beyond a conceptual level of review that defines and establishes periods related to fixing costs, payment schedules, financing, deliverables, and project schedule.
(4)  "Interim agreement" has the meaning assigned by Section 2267.001.
(5)  "Qualifying project" has the meaning assigned by Section 2267.001.
(6)  "Responsible governmental entity" has the meaning assigned by Section 2267.001.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1075 (H.B. 2475), Sec. 9, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2268 - Partnership Advisory Commission › Subchapter A. General Provisions › Section 2268.002. Applicability

Sec. 2268.002.  APPLICABILITY.  This chapter applies only to responsible governmental entities described by Section 2267.001(5)(A).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2268 - Partnership Advisory Commission › Subchapter B. Commission › Section 2268.051. Establishment of Commission

Sec. 2268.051.  ESTABLISHMENT OF COMMISSION.  The Partnership Advisory Commission is an advisory commission in the legislative branch that advises responsible governmental entities described by Section 2267.001(5)(A) on proposals received under Chapter 2267.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2268 - Partnership Advisory Commission › Subchapter B. Commission › Section 2268.052. Composition and Terms

Sec. 2268.052.  COMPOSITION AND TERMS.  (a)  The commission consists of the following 11 members:
(1)  the chair of the House Appropriations Committee or the chair's designee;
(2)  three representatives appointed by the speaker of the house of representatives;
(3)  the chair of the Senate Finance Committee or the chair's designee;
(4)  three senators appointed by the lieutenant governor; and
(5)  three representatives of the executive branch, appointed by the governor.
(b)  The legislative members serve on the commission until the expiration of their terms of office or until their successors qualify.
(c)  The members appointed by the governor serve at the will of the governor.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2268 - Partnership Advisory Commission › Subchapter B. Commission › Section 2268.053. Presiding Officer

Sec. 2268.053.  PRESIDING OFFICER.  The members of the commission shall elect from among the legislative members a presiding officer and an assistant presiding officer to serve two-year terms.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2268 - Partnership Advisory Commission › Subchapter B. Commission › Section 2268.054. Compensation; Reimbursement

Sec. 2268.054.  COMPENSATION; REIMBURSEMENT.  A member of the commission is not entitled to compensation for service on the commission but is entitled to reimbursement for all reasonable and necessary expenses incurred in performing duties as a member.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2268 - Partnership Advisory Commission › Subchapter B. Commission › Section 2268.055. Meetings

Sec. 2268.055.  MEETINGS. (a)  The commission shall hold meetings quarterly or on the call of the presiding officer.
(b)  Commission meetings are subject to Chapter 551.
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. 34, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2268 - Partnership Advisory Commission › Subchapter B. Commission › Section 2268.056. Administrative, Legal, Research, Technical, and Other Support

Sec. 2268.056.  ADMINISTRATIVE, LEGAL, RESEARCH, TECHNICAL, AND OTHER SUPPORT.  (a)  The legislative body that the presiding officer serves shall provide administrative staff support for the commission.
(b)  The Texas Legislative Council shall provide legal, research, and policy analysis services to the commission.
(c)  The staffs of the House Appropriations Committee, Senate Finance Committee, and comptroller shall provide technical assistance.
(d)  The center, using the qualifying project fees authorized under Section 2165.353, shall provide, on a cost recovery basis, professional services of financial, technical, and other necessary advisors and consultants, authorized under Section 2267.053(d), as necessary to support the Partnership Advisory Commission in its review and evaluation of proposals, including financial and risk allocation analysis and ongoing contract performance monitoring of qualifying projects.  The center shall assign staff and contracted advisors and consultants necessary to perform the duties required by this subsection.
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. 35, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1075 (H.B. 2475), Sec. 10, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2268 - Partnership Advisory Commission › Subchapter B. Commission › Section 2268.057. Commission Proceedings

Sec. 2268.057.  COMMISSION PROCEEDINGS.  A copy of the proceedings of the commission shall be filed with the legislative body that the presiding officer serves.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2268 - Partnership Advisory Commission › Subchapter B. Commission › Section 2268.059. Confidentiality of Certain Records Submitted to Commission

Sec. 2268.059.  CONFIDENTIALITY OF CERTAIN RECORDS SUBMITTED TO COMMISSION.  Records and information afforded protection under Section 552.153 that are provided by a responsible governmental entity to the commission and the presiding officer of the House Appropriations Committee and of the Senate Finance Committee, or their designees, shall continue to be protected from disclosure when in the possession of the commission and the presiding officers or their designees.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1075 (H.B. 2475), Sec. 11, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter A. General Provisions › Section 2269.001. Definitions

Sec. 2269.001.  DEFINITIONS.  In this chapter:
(1)  "Architect" means an individual registered as an architect under Chapter 1051, Occupations Code.
(2)  "Engineer" means an individual licensed as an engineer under Chapter 1001, Occupations Code.
(3)  "Facility" means, unless otherwise specifically provided, an improvement to real property.
(4)  "General conditions" in the context of a contract for the construction, rehabilitation, alteration, or repair of a facility means on-site management, administrative personnel, insurance, bonds, equipment, utilities, and incidental work, including minor field labor and materials.
(5)  "General contractor" means a sole proprietorship, partnership, corporation, or other legal entity that assumes the risk for constructing, rehabilitating, altering, or repairing all or part of a facility at the contracted price.
(6)  "Public work contract" means a contract for constructing, altering, or repairing a public building or carrying out or completing any public work.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter A. General Provisions › Section 2269.002. Applicability of Chapter to Governmental Entities Engaged in Public Works

Sec. 2269.002.  APPLICABILITY OF CHAPTER TO GOVERNMENTAL ENTITIES ENGAGED IN PUBLIC WORKS.  This chapter applies to a public work contract made by a governmental entity authorized by state law to make a public work contract, including:
(1)  a state agency as defined by Section 2151.002, including the Texas Facilities Commission;
(2)  a local government, including:
(A)  a county;
(B)  a municipality;
(C)  a school district;
(D)  any other special district or authority, including a hospital district, a defense base development authority established under Chapter 379B, Local Government Code, and a conservation and reclamation district, including a river authority or any other type of water district; and
(E)  any other political subdivision of this state;
(3)  a public junior college as defined by Section 61.003, Education Code; and
(4)  a board of trustees governed by Chapter 54, Transportation Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter A. General Provisions › Section 2269.003. Conflict of Laws; Requirement to Follow Procedures of This Chapter

Sec. 2269.003.  CONFLICT OF LAWS; REQUIREMENT TO FOLLOW PROCEDURES OF THIS CHAPTER.  (a)  Except as provided by this section, this chapter prevails over any other law relating to a public work contract.
(b)  This chapter does not prevail over a conflicting provision in a law relating to contracting with a historically underutilized business.
(c)  This chapter does not prevail over a conflicting provision in an ordinance or resolution passed by the governing body of a municipally owned electric utility in a procedure described by Section 252.022(c), Local Government Code, that:
(1)  requires the use of competitive bidding or competitive sealed proposals; or
(2)  prescribes a design-build procurement procedure that conflicts with this chapter.
(d)  This chapter does not prevail over any law, rule, or regulation relating to competitive bidding or competitive sealed proposals for construction services, or to procurement of construction services pursuant to Section 49.273, Water Code, that applies to a river authority or to a conservation and reclamation district created under Section 59, Article XVI, Texas Constitution, unless the governing body of the river authority or conservation and reclamation district elects to permit this chapter to supersede the law, rule, or regulation.
(e)  This chapter does not prevail over a conflicting provision in a regulation that prescribes procurement procedures for construction services that is adopted by the governing board of a river authority or of a conservation and reclamation district created pursuant to Section 59, Article XVI, Texas Constitution, that owns electric generation capacity in excess of 2,500 megawatts, except with respect to Subchapter H.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2269 - Contracting and Delivery Procedures for Construction Projects › Subchapter A. General Provisions › Section 2269.004. Exemption: Texas Department of Transportation; Highway Projects

Sec. 2269.004.  EXEMPTION: TEXAS DEPARTMENT OF TRANSPORTATION; HIGHWAY PROJECTS.  This chapter does not apply to:
(1)  a contract entered into by the Texas Department of Transportation; or
(2)  a project that receives money from a state or federal highway fund.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.
Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.