The department or a Section 370.003 authority may enter certain comprehensive development agreements for listed projects, but must meet Section 223.201(j) first and must report project status by December 1, 2014.
Sec. 223.2011. LIMITED AUTHORITY FOR CERTAIN PROJECTS USING COMPREHENSIVE DEVELOPMENT AGREEMENTS. (a) Notwithstanding Sections 223.201(f) and 370.305(c), the department or an authority under Section 370.003 may enter into a comprehensive development agreement relating to improvements to, or construction of, all or part of: (1) the Loop 1 (MoPac Improvement) project from Farm-to-Market Road 734 to Cesar Chavez Street; (2) the U.S. 183 (Bergstrom Expressway) project from Springdale Road to Patton Avenue; (3) a project consisting of the construction of: (A) the Outer Parkway Project in Cameron County from U.S. Highway 77 to Farm-to-Market Road 1847; and (B) the South Padre Island Second Access Causeway Project from State Highway 100 to Park Road 100; (4) the Loop 49 project from Interstate 20 to U.S. Highway 69 (Lindale Relief Route) and from State Highway 110 to U.S. Highway 259 (Segments 6 and 7); (5) the Loop 375 Border Highway West project in El Paso County from Race Track Drive to U.S. Highway 54; (6) the Northeast Parkway project in El Paso County from Loop 375 east of the Railroad Drive overpass to the Texas-New Mexico border; (7) the Loop 1604 project in Bexar County; (8) the Hidalgo County Loop project; and (9) the International Bridge Trade Corridor project. (b) Before the department or an authority may enter into a comprehensive development agreement under this section, the department or the authority, as applicable, must meet the requirements under Section 223.201(j). (c) Not later than December 1, 2014, the department or the authority, as applicable, shall provide a report to the commission on the status of a project described by Subsection (a). The report must include: (1) the status of the project's environmental clearance; (2) an explanation of any project delays; and (3) if the procurement is not completed, the anticipated date for the completion of the procurement. (d) The department may not provide any financial assistance to an authority to pay for the costs of procuring an agreement under this section. (e) In this section, "environmental clearance" means: (1) a finding of no significant impact has been issued for the project or, as applicable, for the initial or base scope of the project; or (2) for a project for which an environmental impact statement is prepared, a record of decision has been issued for that project or, as applicable, for the initial or base scope of the project. (f) The authority to enter into a comprehensive development agreement under this section expires August 31, 2017. Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 32, eff. June 17, 2011. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1234 (S.B. 1730), Sec. 2, eff. September 1, 2013.