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 2268.058. Submission of Detailed Proposals for Qualifying Projects; Exemption; Commission Review

Sec. 2268.058.  SUBMISSION OF DETAILED PROPOSALS FOR QUALIFYING PROJECTS; EXEMPTION; COMMISSION REVIEW.  (a)  Before beginning to negotiate an interim or comprehensive agreement, each responsible governmental entity receiving a detailed proposal for a qualifying project must provide copies of the proposal to:
(1)  the presiding officer of the commission; and
(2)  the chairs of the House Appropriations Committee and Senate Finance Committee or their designees.
(b)  The following qualifying projects are not subject to review by the commission:
(1)  any proposed qualifying project with a total cost of less than $5 million; and
(2)  any proposed qualifying project with a total cost of more than $5 million but less than $50 million for which money has been specifically appropriated as a public-private partnership in the General Appropriations Act.
(c)  The commission may undertake additional reviews of any qualifying project that will be completed in phases and for which an appropriation has not been made for any phase other than the current phase of the project.
(d)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1153, Sec. 38, eff. June 14, 2013.
(e)  The commission in a public hearing by majority vote of the members present shall approve or disapprove each detailed proposal submitted to the commission for review and may provide its findings and recommendations to the responsible governmental entity not later than the 45th day after the date the commission receives complete copies of the detailed proposal.  If the commission does not provide its findings or recommendations to the responsible governmental entity by that date, the commission is considered to not have made any findings or recommendations on the proposal.
(f)  The responsible governmental entity on request of the commission shall provide any additional information regarding a qualifying project reviewed by the commission if the information is available to or can be obtained by the responsible governmental entity.
(g)  The commission shall include in any findings and recommendations provided to the responsible governmental entity:
(1)  a determination on whether the terms of the proposal and proposed qualifying project create state tax-supported debt, taking into consideration the specific findings of the comptroller with respect to the recommendation;
(2)  an analysis of the potential financial impact of the qualifying project;
(3)  a review of the policy aspects of the detailed proposal and the qualifying project; and
(4)  proposed general business terms.
(h)  Review by the commission does not constitute approval of any appropriations necessary to implement a subsequent interim or comprehensive agreement.
(i)  The responsible governmental entity may not negotiate an interim or comprehensive agreement for a detailed proposal that has been disapproved by the commission.
(j)  Not later than the 30th day before the date a comprehensive or interim agreement is executed, the responsible governmental entity shall submit to the commission and the chairs of the House Appropriations Committee and Senate Finance Committee or their designees:
(1)  a copy of the proposed interim or comprehensive agreement; and
(2)  a report describing the extent to which the commission's recommendations were addressed in the proposed interim or comprehensive agreement.
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. 36, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 38, eff. June 14, 2013.