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 2267.001. Definitions

Sec. 2267.001.  DEFINITIONS.  In this chapter:
(1)  "Affected jurisdiction" means any county or municipality in which all or a portion of a qualifying project is located.
(1-a)  "Center" means the center for alternative finance and procurement established under Section 2152.110 by the Texas Facilities Commission.
(1-b)  "Commission" means the Partnership Advisory Commission established under Chapter 2268.
(2)  "Comprehensive agreement" means the comprehensive agreement authorized by Section 2267.058 between the contracting person and the responsible governmental entity.
(3)  "Contracting person" means a person who enters into a comprehensive or interim agreement with a responsible governmental entity under this chapter.
(4)  "Develop" means to plan, design, develop, finance, lease, acquire, install, construct, or expand a qualifying project.
(5)  "Governmental entity" means:
(A)  a board, commission, department, or other agency of this state, including an institution of higher education as defined by Section 61.003, Education Code, that elects to operate under this chapter through the adoption of a resolution by the institution's board of regents; and
(B)  a political subdivision of this state that elects to operate under this chapter by the adoption of a resolution by the governing body of the political subdivision.
(5-a)  "Improvement" means:
(A)  a building, structure, fixture, or fence erected on or affixed to land;
(B)  the installation of water, sewer, or drainage lines on, above, or under land;
(C)  the paving of undeveloped land; and
(D)  specialized software that in any manner is related to the control, management, maintenance, or operation of an improvement.
(6)  "Interim agreement" means an agreement authorized by Section 2267.059 between a contracting person and a responsible governmental entity that proposes the development or operation of the qualifying project.
(7)  "Lease payment" means any form of payment, including a land lease, by a governmental entity to the contracting person for the use of a qualifying project.
(8)  "Material default" means any default by a contracting person in the performance of duties imposed under Section 2267.057(f) that jeopardizes adequate service to the public from a qualifying project.
(9)  "Operate" means to finance, maintain, improve, equip, modify, repair, or operate a qualifying project.
(9-a) "Private entity" means any individual person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, or other business entity.
(9-b)  "Property" means any matter or thing capable of public or private ownership.
(9-c)  "Proposer" means a private entity that submits a proposal to a responsible governmental entity or affected jurisdiction.
(10)  "Qualifying project" means:
(A)  any ferry, mass transit facility, vehicle parking facility, port facility, power generation facility, fuel supply facility, oil or gas pipeline, water supply facility, public work, waste treatment facility, hospital, school, medical or nursing care facility, recreational facility, public building, technology facility, or other similar facility currently available or to be made available to a governmental entity for public use, including any structure, parking area, appurtenance, and other property required to operate the structure or facility and any technology infrastructure installed in the structure or facility that is essential to the project's purpose; or
(B)  any improvements necessary or desirable to real property owned by a governmental entity.
(10-a)  "Real property" means:
(A)  improved or unimproved land;
(B)  an improvement;
(C)  a mine or quarry;
(D)  a mineral in place;
(E)  standing timber; or
(F)  an estate or interest, other than a mortgage or deed of trust creating a lien on property or an interest securing payment or performance of an obligation, in a property described by Paragraphs (A) through (E).
(11)  "Responsible governmental entity" means a governmental entity that has the power to develop or operate an applicable qualifying project.
(12)  "Revenue" means all revenue, income, earnings, user fees, lease payments, or other service payments that arise out of or in connection with the development or operation of a qualifying project, including money received as a grant or otherwise from the federal government, a governmental entity, or any agency or instrumentality of the federal government or governmental entity in aid of the project.
(13)  "Service contract" means a contract between a governmental entity and a contracting person under Section 2267.054.
(14)  "Service payment" means a payment to a contracting person of a qualifying project under a service contract.
(14-a)  "State entity" means a governmental entity described by Subdivision (5)(A).
(15)  "User fee" means a rate, fee, or other charge imposed by a contracting person for the use of all or part of a qualifying project under a 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. 271 (H.B. 768), Sec. 1, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 23, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1075 (H.B. 2475), Sec. 2, eff. September 1, 2015.