79th Texas Legislature, Regular Session, House Bill 2139, Chapter 994 Page: 2 of 4
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H.B. No. 2139
1 Sec. 222.1045. CONTRACTS OF CERTAIN PUBLIC ENTITIES. (a)
2 In this section, "public entity" means a municipality, county,
3 regional mobility authority, or a regional tollway authority.
4 (b) A public entity may contract with a private entity to
5 act as the public entity's agent in:
6 (1) the design, financing, maintenance, operation, or
7 construction, including oversight and inspection, of a toll or
8 nontoll facility under Section 222.104(b); or
9 (2) the maintenance of a state highway or a portion of
10 a state highway converted to a toll facility under Section
11 222.104(c).
12 (c) A public entity shall:
13 (1) select a private entity under Subsection (b) on
14 the basis of the private entity's qualifications and experience;
15 and
16 (2) enter into a project development agreement with
17 the private entity.
18 (d) A private entity selected shall comply with Chapter
19 1001, Occupations Code, and all laws related to procuring
20 engineering services and construction bidding that are applicable
21 to the public entity that selected the private entity.
22 (e) A public entity may assign the public entity's right to
23 payment of pass-through tolls under Section 222.104(b) or (c) to
24 the private entity.
25 SECTION 3. This Act takes effect immediately if it receives
26 a vote of two-thirds of all the members elected to each house, as
27 provided by Section 39, Article III, Texas Constitution. If this
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Texas. Legislature. House of Representatives. 79th Texas Legislature, Regular Session, House Bill 2139, Chapter 994, legislative document, June 18, 2005; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth156717/m1/2/: accessed June 10, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.