85R8342 JRR-D     By: Nichols, Taylor of Collin S.B. No. 312       A BILL TO BE ENTITLED   AN ACT   relating to the continuation and functions of the Texas Department   of Transportation; authorizing an increase in rates charged for the   use of state aircraft to provide for the acquisition of replacement   aircraft.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 21.069(a), Transportation Code, is   amended to read as follows:          (a)  The department[, in consultation with the State   Aircraft Pooling Board,] shall establish a state airport in Central   Texas that is open to the general public.          SECTION 2.  Section 201.059, Transportation Code, is amended   to read as follows:          Sec. 201.059.  COMMISSION MEMBER TRAINING [ON DEPARTMENT AND   CERTAIN LAWS RELATING TO DEPARTMENT]. (a) A [To be eligible to   take office as a member of the commission, a] person who is   appointed to and qualifies for office as a member of the commission   may not vote, deliberate, or be counted as a member in attendance at   a meeting of the commission until the person completes [must   complete at least one course of] a training program that complies   with this section.          (b)  The training program must provide the person with   information [to the person] regarding:                (1)  the law governing department operations [this   subchapter];                (2)  the programs, functions, rules, and budget of   [operated by] the department;                (3)  the scope of and limitations on the rulemaking   authority of the commission [role and functions of the department];                (4)  [the rules of the department with an emphasis on   the rules that relate to disciplinary and investigatory authority;                [(5)  the current budget for the department;                [(6)]  the results of the most recent formal audit of   the department;                (5) [(7)]  the requirements of [the]:                      (A)  laws relating to open meetings, public   information, administrative procedure, and disclosing conflicts of   interest [law, Chapter 551, Government Code]; and                      (B)  other laws applicable to members of the   commission in performing their duties [open records law, Chapter   552, Government Code; and                      [(C)     administrative procedure law, Chapter 2001,   Government Code;                [(8)     the requirements of the conflict of interest laws   and other laws relating to public officials]; and                (6) [(9)]  any applicable ethics policies adopted by   the department [commission] or the Texas Ethics Commission.          (c)  A person appointed to the commission is entitled to   reimbursement, as provided by the General Appropriations Act, for   the travel expenses incurred in attending the training program,   regardless of whether the attendance at the program occurs before   or after [as provided by the General Appropriations Act and as if]   the person qualifies for office [were a member of the commission].          (d)  The director shall create a training manual that   includes the information required by Subsection (b). The director   shall distribute a copy of the training manual annually to each   member of the commission. On receipt of the training manual, each   member of the commission shall sign and submit to the director a   statement acknowledging receipt of the training manual.          SECTION 3.  Section 201.204, Transportation Code, is amended   to read as follows:          Sec. 201.204.  SUNSET PROVISION.  The Texas Department of   Transportation is subject to Chapter 325, Government Code (Texas   Sunset Act).  Unless continued in existence as provided by that   chapter, the department is abolished September 1, 2029 [2017].          SECTION 4.  Sections 201.601(a-1) and (d), Transportation   Code, are amended to read as follows:          (a-1)  The plan must:                (1)  contain specific and clearly defined   transportation system strategies, long-term transportation goals   for the state and measurable targets for each goal, and other   related performance measures;                (2)  identify priority corridors, projects, or areas of   the state that are of particular concern to the department in   meeting the goals established under Subdivision (1); and                (3)  contain a participation plan specifying methods   for obtaining formal input on the goals and priorities identified   under this subsection from:                      (A)  other state agencies;                      (B)  political subdivisions;                      (C)  local transportation entities; and                      (D)  the general public.          (d)  In selecting transportation projects, the [The]   department shall consider the transportation system strategies,   goals and measurable targets, and other related performance   measures established under Subsection (a-1)(1) [in selecting   transportation projects].          SECTION 5.  Section 201.6013, Transportation Code, is   amended to read as follows:          Sec. 201.6013.  LONG-TERM PLAN FOR STATEWIDE PASSENGER RAIL   SYSTEM. (a) The department shall:                (1)  prepare [and update annually] a long-term plan for   a statewide passenger rail system; and                (2)  update the plan at least once every five years.            (b)  Information contained in the plan must include:                (1)  a description of existing and proposed passenger   rail systems;                (2)  information regarding the status of passenger rail   systems under construction;                (3)  an analysis of potential interconnectivity   difficulties;                (4)  an analysis of short-term and long-term effects of   each proposed passenger rail system on state and local road   connectivity, including effects on oversize or overweight vehicles   and other commercial traffic;                (5)  an analysis of the effect of each proposed   passenger rail system on statewide transportation planning,   including the effect on future state and local road construction   and road maintenance needs;                (6)  ridership projections for proposed passenger rail   projects; and                (7) [(5)]  ridership statistics for existing passenger   rail systems.          SECTION 6.  Section 201.6015, Transportation Code, is   amended to read as follows:          Sec. 201.6015.  INTEGRATION OF PLANS AND POLICY EFFORTS.  In   developing each of its transportation plans and policy efforts, the   department must:                (1)  clearly reference the statewide transportation   plan under Section 201.601;                (2)  include in the plan or policy effort the   transportation system strategies, goals and measurable targets,   and other related performance measures established under Section   201.601(a-1)(1); and                (3)  [and] specify how the plan or policy effort   supports [or otherwise relates to] the specific goals established   under Section 201.601(a-1)(1) [that section].          SECTION 7.  Section 201.806(a), Transportation Code, is   amended to read as follows:          (a)  The department shall:                (1)  tabulate and analyze the vehicle accident reports   it receives; and                (2)  annually or more frequently publish on the   department's Internet website statistical information derived from   the accident reports as to the number, cause, and location of   highway accidents, including information regarding the number of:                      (A)  accidents involving injury to, death of, or   property damage to a bicyclist or pedestrian; and                      (B)  fatalities caused by a bridge collapse, as   defined by Section 550.081.          SECTION 8.  Section 201.807, Transportation Code, is amended   by amending Subsection (a) and adding Subsections (g) and (h) to   read as follows:          (a)  In this section, "department project" means a highway   project under the jurisdiction of the department, including a   grouped rehabilitation and preventive maintenance project, that:                (1)  is being developed or is under construction; and                (2)  is identified in the district project portfolio    [work program] required under Section 201.998.          (g)  The department shall:                (1)  conduct a comprehensive review of the project   information reporting system;                 (2)  in conducting the review required by Subdivision   (1), incorporate feedback from internal and external users of the   system and advice from the department office responsible for public   involvement; and                (3)  develop a plan for implementing any needed   improvements to the system.          (h)  The department shall conduct the review required by   Subsection (g)(1) on a regular basis, as specified by commission   rule.          SECTION 9.  Subchapter J, Chapter 201, Transportation Code,   is amended by adding Section 201.8075 to read as follows:          Sec. 201.8075.  STATEWIDE TRANSPORTATION PLAN DASHBOARD.   (a) In this section, "dashboard" means a web-based data   visualization tool that provides an analysis and visual   representation of key performance measures relevant to a particular   objective.          (b)  The department shall develop and prominently display on   the department's Internet website a dashboard that clearly   communicates to the public:                (1)  the transportation system strategies, goals and   measurable targets, and other related performance measures   established under Section 201.601(a-1)(1); and                (2)  the department's progress, including trends over   time, in meeting the strategies, goals and targets, and other   related performance measures described by Subdivision (1).          (c)  The dashboard must be in a format that is easy to   navigate.          (d)  The department shall:                (1)  regularly update the information displayed on the   dashboard; and                (2)  publish on the department's Internet website the   methodology and data used to determine the department's progress   under Subsection (b)(2).          SECTION 10.  Section 201.808, Transportation Code, is   amended by adding Subsection (i) to read as follows:          (i)  The department shall:                (1)  conduct a comprehensive analysis regarding the   effect of funding allocations made to funding categories described   by Section 201.991(b) and project selection decisions on   accomplishing the goals described in the statewide transportation   plan under Section 201.601;                 (2)  provide the analysis to metropolitan planning   organizations, the public, and each member of the commission for   the purpose of informing deliberations on funding decisions for the   unified transportation program under Section 201.991;                 (3)  update the analysis as part of:                       (A)  the department's annual update to the unified   transportation program under Section 201.992 and any other formal   update to that program; and                      (B)  the evaluation and report required by Section   201.809;                (4)  promptly publish the analysis on the department's   Internet website in its entirety and in summary form; and                (5)  publish the methodology and data used to create   the analysis on the department's Internet website and make the   methodology and data available to the metropolitan planning   organizations, the public, and the commission under Subdivision   (2).          SECTION 11.  Section 201.809(a), Transportation Code, is   amended to read as follows:          (a)  The department annually shall evaluate and publish a   report about the status of each transportation goal for this   state.  The department shall also promptly publish the report on   the department's Internet website in summary form. The report must   include:                (1)  information about the progress of each long-term   transportation goal that is identified by the statewide   transportation plan;                (2)  the status of each project identified as a major   priority;                (3)  a summary of the number of statewide project   implementation benchmarks that have been completed; [and]                (4)  information about the accuracy of previous   department financial forecasts; and                (5)  the analysis required by Section 201.808(i).          SECTION 12.  Section 201.991, Transportation Code, is   amended by adding Subsections (b-1) and (e) and amending Subsection   (d) to read as follows:          (b-1)  The commission by rule shall:                 (1)  adopt a policy comprehensively explaining the   department's approach to public involvement and transparency   related to the unified transportation program; and                (2)  require the department to, at a minimum, make a   report on any change to the unified transportation program   available on the department's Internet website and provide the   report to the commission in a public meeting, regardless of any   rules adopted for public hearings and approvals.          (d)  In developing the rules required by Subsection (b) [this   section], the commission shall collaborate with local   transportation entities.          (e)  In developing the policy required by Subsection   (b-1)(1), the commission shall collaborate with stakeholders.          SECTION 13.  Section 201.992(b), Transportation Code, is   amended to read as follows:          (b)  The annual update must include:                (1)  the annual funding forecast required by Section   201.993;                (2)  the list of major transportation projects required   by Section 201.994(b); [and]                (3)  the category to which the project has been   assigned and the priority of the project in the category under   Section 201.995; and                (4)  the analysis required by Section 201.808(i).          SECTION 14.  Sections 201.993(a) and (c), Transportation   Code, are amended to read as follows:          (a)  The department annually shall:                (1)  develop and publish on the department's Internet   website a forecast of all funds the department expects to receive,   including funds from this state and the federal government; and                (2)  use that forecast to guide planning for the   unified transportation program.          (c)  Not later than September 1 of each year, the department   shall prepare and publish on the department's Internet website a   cash flow forecast for a period of 20 years.          SECTION 15.  Section 201.995, Transportation Code, is   amended by adding Subsection (d) to read as follows:          (d)  In prioritizing and approving projects under Section   201.9991 that are included in the unified transportation program,   the commission must first evaluate projects on strategic need and   potential contribution toward meeting the transportation goals   established under Section 201.601(a-1)(1). After conducting that   initial evaluation, the commission may conduct a secondary   evaluation based on other factors such as funding availability and   project readiness.          SECTION 16.  Section 201.998, Transportation Code, is   amended to read as follows:          Sec. 201.998.  DISTRICT PROJECT PORTFOLIOS [WORK PROGRAM].   (a)  Each department district shall develop a consistently   formatted project portfolio [work program] based on the unified   transportation program covering a period of at least four years   that contains all projects that the district proposes to implement   during that period.          (b)  The department shall develop comprehensive performance   measures for key steps in the project development process for   projects included in each district's project portfolio. The   department shall use the performance measures developed under this   subsection to track and report whether each district is:                 (1)  developing an appropriate mix of projects; and                 (2)  on track to meet letting targets that are   consistent with applicable department policy governing when a   project should be bid on for a contract awarded by the department   [work program must contain:                [(1)     information regarding the progress of projects   designated as major transportation projects, according to project   implementation benchmarks and timelines established under Section   201.994; and                [(2)     a summary of the progress on other district   projects].          (c)  The department shall conduct a review of project   development activities in each district's project portfolio on a   regular basis and use the review [use the work program] to[:                [(1)]  monitor and evaluate the performance of each   [the] district[; and                [(2)  evaluate the performance of district employees].          (d)  In conducting the review required by Subsection (c), the   [The] department shall, when appropriate, seek input from key   stakeholders such as local government project sponsors or   metropolitan planning organizations [publish the work program in   appropriate media and on the department's Internet website].          (e)  The commission shall adopt rules as necessary to   administer this section.          (f)  The commission shall adopt and regularly update rules:                (1)  governing the overall planning, review, and   monitoring process created by this section;                (2)  specifying how planning and project stakeholders   can become involved in the process described by Subdivision (1);   and                (3)  requiring the department to regularly report   results under this section to the commission and the public and   specifying the method for reporting those results.          (g)  The commission shall consult a stakeholder group before   adopting or updating rules under Subsection (f).          SECTION 17.  Section 201.9991(a), Transportation Code, is   amended to read as follows:          (a)  The commission by rule shall prioritize and approve   projects included in the statewide transportation plan under   Section 201.601 or in the unified transportation program under   Section 201.991 in order to provide financial assistance under this   chapter.          SECTION 18.  Subchapter P, Chapter 201, Transportation Code,   is amended by adding Section 201.9992 to read as follows:          Sec. 201.9992.  ROLES AND RESPONSIBILITIES OF DEPARTMENT AND   METROPOLITAN PLANNING ORGANIZATIONS. (a) The commission shall   adopt rules governing:                (1)  the alignment of the department's state and   federal funding forecasts, including the annual funding forecast   required by Section 201.993, with the funding forecasts of   metropolitan planning organizations, including:                      (A)  the funding forecasts used for long-term   planning as described in Sections 201.620 and 472.035; and                      (B)  the 10-year transportation plan required by   Section 201.9911;                 (2)  the alignment of the statewide project   recommendation criteria developed by the department with the   project recommendation criteria developed by metropolitan planning   organizations that relate to statewide transportation goals,   particularly for major mobility projects using a mix of several   funding sources and selected by different entities;                (3)  the department's timelines and review process for   the 10-year transportation plans required by Section 201.9911;                (4)  the department's process for allowing metropolitan   planning organizations direct access to the department's   information systems, software, and technical assistance for the   purpose of accomplishing statewide transportation goals; and                (5)  the department's process for collaborating with   metropolitan planning organizations to regularly evaluate the   availability, consistency, and quality of data and other   information needed to fully develop a more performance-based   transportation planning and project selection system.          (b)  A rule adopted under Subsection (a)(3) must take into   consideration a metropolitan planning organization's other   deadlines and requirements in federal law.          (c)  The commission shall consult a stakeholder group before   developing the rules required by Subsection (a).          SECTION 19.  Section 223.012, Transportation Code, is   amended to read as follows:          Sec. 223.012.  CONTRACTOR PERFORMANCE. (a) The commission   [department] shall adopt rules to:                (1)  establish a range of contract remedies to be   included in all low-bid highway improvement contracts, including   enforceable corrective action plans and criteria for prohibiting   contractors with significant project completion delays from   bidding on new projects, and develop a process and criteria for when   to apply each contract remedy;                (2)  develop and implement a schedule for liquidated   damages that accurately reflects the costs associated with project   completion delays, including administrative and travel delays; and                (3)  develop a contractor performance evaluation   process and an evaluation tool that:                      (A)  allows for the [(2)] review of contractor   bidding capacity to ensure that contractors meet each quality,   safety, and timeliness standard established by the commission; and                      (B)  contains criteria for modifying a   contractor's bidding capacity for competitively bid highway   improvement contracts when appropriate [(3)     conduct a review to   determine whether commission rules or state law should be changed   to realize significant cost and time savings on state highway   construction and maintenance projects].          (b)  In developing the rules required by Subsection (a)(1),   the commission must:                 (1)  consult with industry contractors; and                 (2)  consider contract remedies used by:                      (A)  other state agencies; and                       (B)  departments of transportation in other   states [Not later than December 1, 1998, the department shall file a   report with the governor, the lieutenant governor, and the speaker   of the house of representatives containing:                [(1)     the results of the review conducted under   Subsection (a)(3); and                [(2)     recommendations on legislation the commission   determines is necessary to realize significant cost and time   savings on state highway construction and maintenance].          (c)  The rules adopted under Subsection (a)(2) must:                (1)  include criteria for identifying projects that   have a significant impact on the traveling public; and                (2)  require the department to calculate   project-specific liquidated damages for projects described by   Subdivision (1) that reflect the true cost of travel delays.          (d)  In developing the evaluation tool required by   Subsection (a)(3), the commission must consult with industry   contractors.          (e)  The rules adopted under Subsection (a)(3) must:                (1)  provide for a process for contractors to appeal   the contractors' evaluations; and                (2)  include criteria for the use of the evaluations by   the department to address contractor performance problems.          SECTION 20.  Section 550.025(a), Transportation Code, is   amended to read as follows:          (a)  The operator of a vehicle involved in an accident   resulting only in damage to a structure adjacent to a highway or a   fixture or landscaping legally on or adjacent to a highway shall:                (1)  take reasonable steps to locate and notify the   owner or person in charge of the property of the accident and of the   operator's name and address and the registration number of the   vehicle the operator was driving; and                (2)  if requested and available, show the operator's   driver's license to the owner or person in charge of the property[;   and                [(3)     report the accident if required by Section   550.061].          SECTION 21.  Effective September 1, 2019, Section   550.062(b), Transportation Code, is amended to read as follows:          (b)  The report required by Subsection (a) must be filed   electronically with the department not later than the 10th day   after the date of the accident.          SECTION 22.  Section 550.064(b), Transportation Code, is   amended to read as follows:          (b)  An accident report form prepared by the department must:                (1)  require sufficiently detailed information to   disclose the cause and conditions of and the persons and vehicles   involved in an accident if the form is for the report to be made by a   person [involved in or] investigating the accident;                (2)  include a way to designate and identify a peace   officer, firefighter, or emergency medical services employee who is   involved in an accident while driving a law enforcement vehicle,   fire department vehicle, or emergency medical services vehicle   while performing the person's duties;                (3)  require a statement by a person described by   Subdivision (2) as to the nature of the accident; and                (4)  include a way to designate whether an individual   involved in an accident wants to be contacted by a person seeking to   obtain employment as a professional described by Section 38.01(12),   Penal Code.          SECTION 23.  Section 550.065(a), Transportation Code, is   amended to read as follows:          (a)  This section applies only to the following information   that is held by the department or another governmental entity:                (1)  a written report of an accident required under:                      (A)  Section [550.061,] 550.062;[,] or                      (B)  former Section 550.061 or 601.004 before   September 1, 2017; or                (2)  accident report information compiled under   Section 201.806.          SECTION 24.  Section 550.067(c), Transportation Code, is   amended to read as follows:          (c)  A municipality by ordinance may require the person in   charge of a garage or repair shop where a motor vehicle is brought   if the vehicle shows evidence of having been involved in an accident   described by [requiring a report to be filed under] Section   550.062(a) [550.061 or 550.062] or shows evidence of having been   struck by a bullet to report to a department of the municipality   within 24 hours after the garage or repair shop receives the motor   vehicle, giving the engine number, registration number, and the   name and address of the owner or operator of the vehicle.          SECTION 25.  Section 550.068, Transportation Code, is   amended to read as follows:          Sec. 550.068.  CHANGING ACCIDENT REPORT. (a) Except as   provided by Subsection (b), a change in or a modification of a   written report of a motor vehicle accident prepared by a peace   officer [or the operator of a vehicle involved in an accident] that   alters a material fact in the report may be made only by the peace   officer [or person] who prepared the report.          (b)  A change in or a modification of the written report of   the accident may be made by a person other than the peace officer   [or the operator of the vehicle] if:                (1)  the change is made by a written supplement to the   report; and                (2)  the written supplement clearly indicates the name   of the person who originated the change.          SECTION 26.  Section 601.005, Transportation Code, is   amended to read as follows:          Sec. 601.005.  EVIDENCE IN CIVIL SUIT. A [On the filing of a   report under Section 601.004, a] person at a trial for damages may   not refer to or offer as evidence of the negligence or due care of a   party:                (1)  an action taken by the department under this   chapter;                (2)  the findings on which that action is based; or                (3)  the security or evidence of financial   responsibility filed under this chapter.          SECTION 27.  Sections 601.007(b) and (c), Transportation   Code, are amended to read as follows:          (b)  The provisions of this chapter[, other than Section   601.004,] do not apply to an officer, agent, or employee of the   United States, this state, or a political subdivision of this state   while operating a government vehicle in the course of that person's   employment.          (c)  The provisions of this chapter, other than Section   [Sections 601.004 and] 601.054, do not apply to a motor vehicle that   is subject to Chapter 643.          SECTION 28.  Section 601.154(c), Transportation Code, is   amended to read as follows:          (c)  In determining whether there is a reasonable   probability that a judgment will be rendered against the person as a   result of an accident and the amount of security that is sufficient   under Subsection (a), the department may consider:                (1)  a report of an investigating officer; and                (2)  [an accident report of a party involved; and                [(3)]  an affidavit of a person who has knowledge of the   facts.          SECTION 29.  Section 707.004(f), Transportation Code, is   amended to read as follows:          (f)  Not later than December 1 of each year, the department   shall publish on the department's Internet website the information   submitted by a local authority under Subsection (d).          SECTION 30.  Sections 730.003(4) and (6), Transportation   Code, are amended to read as follows:                (4)  "Motor vehicle record" means a record that   pertains to a motor vehicle operator's or driver's license or   permit, motor vehicle registration, motor vehicle title, or   identification document issued by an agency of this state or a local   agency authorized to issue an identification document. The term   does not include:                      (A)  a record that pertains to a motor carrier; or                      (B)  an accident report prepared under:                            (i)  Chapter 550; or                            (ii)  former Section 601.004 before   September 1, 2017 [601].                (6)  "Personal information" means information that   identifies a person, including an individual's photograph or   computerized image, social security number, driver identification   number, name, address, but not the zip code, telephone number, and   medical or disability information. The term does not include:                      (A)  information on vehicle accidents, driving or   equipment-related violations, or driver's license or registration   status; or                      (B)  information contained in an accident report   prepared under:                            (i)  Chapter 550; or                            (ii)  former Section 601.004 before   September 1, 2017 [601].          SECTION 31.  Section 2167.001(a), Government Code, is   amended to read as follows:          (a)  This chapter applies to:                (1)  office space;                (2)  warehouse space;                (3)  laboratory space;                (4)  storage space exceeding 1,000 gross square feet;                (5)  boat storage space;                (6)  aircraft hangar space other than hangar space and   adjacent space leased by the Texas Department of Transportation   [State Aircraft Pooling Board] at Austin-Bergstrom International   Airport and operated for the purpose of providing air   transportation services for the State of Texas;                (7)  vehicle parking space; and                (8)  a combination of those kinds of space.          SECTION 32.  Section 2175.191(c), Government Code, is   amended to read as follows:          (c)  Proceeds from the sale of surplus and salvage property   of the Texas Department of Transportation relating to the   department's duties under Chapter 2205 [State Aircraft Pooling   Board] shall be deposited to the credit of the department [board].          SECTION 33.  The heading to Subchapter A, Chapter 2205,   Government Code, is amended to read as follows:   SUBCHAPTER A. [STATE AIRCRAFT POOLING BOARD;] GENERAL PROVISIONS          SECTION 34.  Section 2205.002(1), Government Code, is   amended to read as follows:                (1)  "Department [Board]" means the Texas Department of   Transportation [State Aircraft Pooling Board].          SECTION 35.  Section 2205.012, Government Code, is amended   to read as follows:          Sec. 2205.012.  STAFF. [(a)] The department [board] may   employ and compensate staff as provided by legislative   appropriation or may use staff provided by the comptroller or the   state auditor's office.          [(b)     The board shall develop and implement policies that   clearly define the respective responsibilities of the board and the   staff the board uses.]          SECTION 36.  Section 2205.032, Government Code, is amended   to read as follows:          Sec. 2205.032.  CUSTODY, CONTROL, OPERATION, AND   MAINTENANCE. (a) The department [board] shall operate a pool for   the custody, control, operation, and maintenance of all aircraft   owned or leased by the state.          (b)  The department [board] may purchase aircraft with funds   appropriated for that purpose.          (c)  As part of the strategic plan that the department   [board] develops and submits under Chapter 2056, the department   [board] shall develop a long-range plan for its pool of aircraft.   The department [board] shall include [appropriate portions of] the   long-range plan in the department's [its] legislative   appropriations request if the department identifies the need for   additional appropriations and the additional appropriations are   related to the department's duties under this chapter. The   long-range plan must include:                (1)  estimates of future aircraft replacement needs and   other fleet management needs, including:                      (A)  any projected need to increase or decrease   the number of aircraft in the pool;                      (B)  estimates of the remaining useful life for   each aircraft in the pool; and                      (C)  a proposed schedule for replacing aircraft in   the pool;                (2)  a range of alternatives and scenarios for the   number and types of aircraft in the pool;                (3)  an analysis of current usage of aircraft in the   pool, including customer base and documented rationale for use;                (4)  the status of maintenance time and costs and   projected future trends regarding maintenance time and costs;                (5)  any documented high-risk mechanical issues with   aircraft in the pool;                (6)  an analysis of the costs and benefits of different   methods for meeting air transportation currently provided by the   department under Section 2205.036, including:                      (A)  the potential use of statewide contracts for   private charter aircraft services;                       (B)  increased reliance on commercial carriers   for routine travel;                       (C)  decreasing the number of aircraft in the pool   and increasing the use of contracted flight services; and                      (D)  any other method the department considers   feasible; and                 (7)  an analysis of the impact of including capital   recovery costs in the rates the department charges under Section   2205.040 that, at a minimum, includes the impact of those included   costs on customer utilization and the department's schedule for   replacing aircraft in the pool.          (d)  In developing the long-range plan, the department   [board] shall consider at a minimum for each aircraft in the pool:                (1)  how much the aircraft is used and the purposes for   which the aircraft [it] is used;                (2)  the cost of operating the aircraft and the revenue   generated by the aircraft; and                (3)  the demand for the aircraft or for that type of   aircraft.          (e)  The department shall update the long-range plan   annually and make the plan available on the department's Internet   website.          SECTION 37.  Section 2205.034, Government Code, is amended   to read as follows:          Sec. 2205.034.  FACILITIES. (a) The department [board] may   acquire appropriate facilities for the accommodation of all   aircraft owned or leased by the state. The facilities may be   purchased or leased as determined by the department [board] to be   most economical for the state and as provided by legislative   appropriations. The facilities may include adequate hangar space,   an indoor passenger waiting area, a flight-planning area,   communications facilities, and other related and necessary   facilities.          (b)  A state agency that operates an aircraft may not use a   facility in Austin other than a facility operated by the department   [board] for the storage, parking, fueling, or maintenance of the   aircraft, whether or not the aircraft is based in Austin. In a   situation the department [board] determines to be an emergency, the   department [board] may authorize a state agency to use a facility in   Austin other than a department [board] facility for the storage,   parking, fueling, or maintenance of an aircraft.          SECTION 38.  Section 2205.035, Government Code, is amended   to read as follows:          Sec. 2205.035.  AIRCRAFT LEASES. (a) The department   [board] by interagency contract may lease state-owned aircraft to a   state agency.          (b)  A state agency that is the prior owner or lessee of an   aircraft has the first option to lease that aircraft from the   department [board].          (c)  The lease may provide for operation or maintenance by   the department [board] or the state agency.          (d)  A state agency may not expend appropriated funds for the   lease of an aircraft unless the department [board] executes the   lease or approves the lease [by board order].          (e)  A state agency may not use money appropriated by the   legislature to rent or lease aircraft except from the department   [board] or as provided by Subsection (f). For purposes of this   subsection and Subsection (f), payments of mileage reimbursements   provided for by the General Appropriations Act are not rentals or   leases of aircraft.          (f)  If the department [board] determines that no   state-owned aircraft is available to meet a transportation need   that has arisen or that a rental or lease of aircraft would reduce   the state's transportation costs, the department [board] shall   authorize a state agency to expend funds for the rental or lease of   aircraft, which may include a helicopter.          SECTION 39.  Section 2205.036, Government Code, is amended   to read as follows:          Sec. 2205.036.  PASSENGER TRANSPORTATION. (a) The   department [board] shall provide aircraft transportation, to the   extent that its aircraft are available, to:                (1)  state officers and employees who are traveling on   official business according to the coordinated passenger   scheduling system and the priority scheduling system developed as   part of the aircraft operations manual under Section 2205.038;                (2)  persons in the care or custody of state officers or   employees described by Subdivision (1); and                (3)  persons whose transportation furthers official   state business.          (b)  The department [board] may not provide aircraft   transportation to a passenger if the passenger is to be transported   to or from a place where the passenger:                (1)  will make or has made a speech not related to   official state business;                (2)  will attend or has attended an event sponsored by a   political party;                (3)  will perform a service or has performed a service   for which the passenger is to receive an honorarium, unless the   passenger reimburses the department [board] for the cost of   transportation;                (4)  will attend or has attended an event at which money   is raised for private or political purposes; or                (5)  will attend or has attended an event at which an   audience was charged an admission fee to see or hear the passenger.          (c)  The department [board] may not provide aircraft   transportation to a destination unless:                (1)  the destination is not served by a commercial   carrier;                (2)  the aircraft transportation is the most   cost-effective travel arrangement in accordance with Section   660.007(a) [time required to use a commercial carrier interferes   with passenger obligations]; [or]                (3)  the number of passengers traveling makes the use   of a state aircraft cost-effective; or                (4)  emergency circumstances necessitate the use of a   state aircraft.          (d)  Before the executive director of the department or the   director's designee may authorize a person to use a state-operated   aircraft, the person must sign an affidavit stating that the person   is traveling on official state business. On filing of the   affidavit, the person may be authorized to use state-operated   aircraft for official state business for a period of one year. A   member of the legislature is not required to receive any other   additional authorization to use a state-operated aircraft.          (e)  Before the executive director of the department or the   director's designee may authorize an employee of a state agency to   use a state-operated aircraft, the administrative head of the state   agency must certify that the employee's transportation complies   with the requirements of this section.          SECTION 40.  Section 2205.038, Government Code, is amended   to read as follows:          Sec. 2205.038.  AIRCRAFT OPERATIONS MANUAL. (a) The   department [board] shall:                (1)  prepare a manual that establishes minimum   standards for the operation of aircraft by state agencies; and                (2)  adopt procedures for the distribution of the   manual to state agencies.          (b)  The manual must include provisions for:                (1)  pilot certification standards, including medical   requirements for pilots;                (2)  recurring training programs for pilots;                (3)  general operating and flight rules;                (4)  coordinated passenger scheduling; and                (5)  other issues the department [board] determines are   necessary to ensure the efficient and safe operation of aircraft by   a state agency.          (c)  The department [board] shall confer with and solicit the   written advice of state agencies the department [board] determines   are principal users of aircraft operated by the department [board]   and, to the extent practicable, incorporate that advice in the   development of the manual and subsequent changes to the manual.          (d)  The department [board] shall give an officer normally   elected by statewide election priority in the scheduling of   aircraft. The department [board] by rule may require a 12-hour   notice by the officer to obtain the priority in scheduling.          SECTION 41.  Section 2205.039, Government Code, is amended   to read as follows:          Sec. 2205.039.  TRAVEL LOG. (a) The Legislative Budget   Board, in cooperation with the department [board], shall prescribe:                (1)  a travel log form for gathering information about   the use of state-operated aircraft;                (2)  procedures to ensure that individuals who travel   as passengers on or operate state-operated aircraft provide in a   legible manner the information requested of them by the form; and                (3)  procedures for each state agency that operates an   aircraft for sending the form to the department [board] and the   Legislative Budget Board.          (b)  The travel log form must request the following   information about a state-operated aircraft each time the aircraft   is flown:                (1)  a mission statement, which may appear as a   selection to be identified from general categories appearing on the   form;                (2)  the name, state agency represented, destination,   and signature of each person who is a passenger or crew member of   the aircraft;                (3)  the date of each flight;                (4)  a detailed and specific description of the   official business purpose of each flight; and                (5)  other information determined by the Legislative   Budget Board and the department [board] to be necessary to monitor   the proper use of the aircraft.          (c)  A state agency other than the department [Texas   Department of Transportation] shall send the agency's travel logs   to the department on an annual basis.  An agency is not required to   file a travel log with the department if the agency did not operate   an aircraft during the period covered by the travel log.          SECTION 42.  Section 2205.040, Government Code, is amended   to read as follows:          Sec. 2205.040.  RATES AND BILLING PROCEDURES; ACCOUNT FOR   CAPITAL REPLACEMENT COSTS. (a) Subject to Subsection (b), the   department [The board] shall adopt rates for interagency aircraft   services that are sufficient to recover, in the aggregate and to the   extent possible, all direct costs for the services provided,   including a state agency's pro rata share of major maintenance,   overhauls of equipment and facilities, and pilots' salaries.          (b)  If the department's most recent long-term plan contains   an analysis under Section 2205.032(c)(7) that finds that including   capital recovery costs in the rates the department charges under   this section is a practicable fleet replacement strategy, the   department may adopt rates for interagency aircraft services   provided by the department that are sufficient to recover, in the   aggregate and to the extent possible:                 (1)  all direct costs for services provided, as   provided by Subsection (a); and                (2)  the capital costs of replacing aircraft in the   pool.           (c)  The Legislative Budget Board, in cooperation with the   department [board] and the state auditor, shall prescribe a billing   procedure for passenger travel on state-operated aircraft.          (d)  If the department adopts rates under Subsection (b), the   portion of the rates collected for the capital costs of replacing   aircraft in the pool shall be deposited in a separate account in the   state highway fund. Money in the account may be used only for the   acquisition of aircraft for the pool operated by the department   under Section 2205.032.          SECTION 43.  Section 2205.041, Government Code, is amended   to read as follows:          Sec. 2205.041.  AIRCRAFT USE FORM. (a)  The department   [Texas Department of Transportation] shall prescribe:                (1)  an annual aircraft use form for gathering   information about the use of state-operated aircraft, including the   extent to which and the methods by which the goal provided by   Section 2205.031(b) is being met; and                (2)  procedures for each state agency that operates an   aircraft for sending the form to the department.          (b)  The aircraft use form must request the following   information about each aircraft a state agency operates:                (1)  a description of the aircraft;                (2)  the date purchased or leased and the purchase   price or lease cost;                (3)  the number of annual hours flown;                (4)  the annual operating costs;                (5)  the number of flights and the destinations;                (6)  the travel logs prepared under Section 2205.039;   and                (7)  any other information the department [Texas   Department of Transportation] requires to document the proper or   cost-efficient use of the aircraft.          SECTION 44.  Section 2205.042, Government Code, is amended   to read as follows:          Sec. 2205.042.  PILOTS. An individual who is not a pilot   employed by the department [board] may not operate a state-operated   aircraft unless the department [board] grants the individual a   specific exemption from that requirement.          SECTION 45.  Section 2205.043(b), Government Code, is   amended to read as follows:          (b)  The department [board] shall adopt rules, consistent   with federal regulations and Section 3101.001, governing the color,   size, and location of marks of identification required by this   section.          SECTION 46.  Section 2205.044, Government Code, is amended   to read as follows:          Sec. 2205.044.  FUEL AND MAINTENANCE CONTRACTS. The   department [board] may contract with a state or federal   governmental agency or a political subdivision to provide aircraft   fuel or to provide aircraft maintenance services.          SECTION 47.  Section 2205.045(a), Government Code, is   amended to read as follows:          (a)  The department [board] may purchase insurance to   protect the department [board] from loss caused by damage, loss,   theft, or destruction of aircraft owned or leased by the state and   shall purchase liability insurance to protect the officers and   employees of each state agency from loss arising from the operation   of state-owned aircraft.          SECTION 48.  Section 2205.046, Government Code, is amended   to read as follows:          Sec. 2205.046.  AIRCRAFT FOR FLIGHT TRAINING PROGRAMS. (a)   The department [board] may transfer aircraft to a public technical   institute or other public postsecondary educational institution   for use in the institution's flight training program. Except as   provided by this section, the department [board] has no   responsibility for continued maintenance of aircraft transferred   under this section.          (b)  As a condition to the transfer of the aircraft, the   institution must certify in writing to the department [board] that   the institution will accept full responsibility for maintenance of   the aircraft and that it will be properly maintained while in the   custody and control of the institution. The department [board] is   entitled to inspect the aircraft without notice for the purpose of   ensuring [insuring] that the aircraft is [are] properly maintained.          (c)  The department [board] may immediately reassume custody   and control of a transferred aircraft on a finding by the department   [board] that:                (1)  the aircraft is not being properly maintained;                (2)  the aircraft is being used for a purpose other than   flight training; or                (3)  the institution has discontinued its flight   training program.          SECTION 49.  Section 2205.047, Government Code, is amended   to read as follows:          Sec. 2205.047.  INFORMATION POSTED ON THE INTERNET. The   department [board] shall post information related to travel and   other services provided by the department [board] on an Internet   website [site] maintained by or for the department [board]. The   site must be generally accessible to state agencies, persons who   use the department's [board's] services, and, to the extent   appropriate, the general public.          SECTION 50.  The following provisions are repealed:                (1)  Sections 2205.003, 2205.004, 2205.005, 2205.006,   2205.007, 2205.008, 2205.009, 2205.010, 2205.011, 2205.013,   2205.014, 2205.015, and 2205.017, Government Code; and                (2)  Sections 201.404(b-2), 550.061, and 601.004,   Transportation Code.          SECTION 51.  (a) Except as provided by Subsection (b) of   this section, Section 201.059, Transportation Code, as amended by   this Act, applies to a member of the Texas Transportation   Commission appointed before, on, or after the effective date of   this Act.          (b)  A member of the Texas Transportation Commission who,   before the effective date of this Act, completed the training   program required by Section 201.059, Transportation Code, as that   law existed before the effective date of this Act, is only required   to complete additional training on the subjects added by this Act to   the training program as required by Section 201.059, Transportation   Code, as amended by this Act. A member of the commission described   by this subsection may not vote, deliberate, or be counted as a   member in attendance at a meeting of the commission held on or after   December 1, 2017, until the member completes the additional   training.          SECTION 52.  (a) Not later than March 1, 2018, the Texas   Department of Transportation shall:                (1)  complete a review and update of the long-term   transportation goals contained in the statewide transportation   plan under Section 201.601, Transportation Code, and make any   changes to the statewide transportation plan that are necessary to   implement the change in law made by this Act to Section 201.601,   Transportation Code, including adopting specific and clearly   defined transportation system strategies, long-term transportation   goals for the state and measurable targets for each goal, and other   related performance measures, to ensure that the department uses a   single set of transportation goals in all of the department's   transportation plans and policy efforts;                (2)  make any changes to each of the department's   transportation plans and policy efforts that are necessary to   implement the change in law made by this Act to Section 201.6015,   Transportation Code;                (3)  develop the plan required by Section   201.807(g)(3), Transportation Code, as added by this Act; and                (4)  develop and publish on the department's Internet   website the dashboard required by Section 201.8075, Transportation   Code, as added by this Act.          (b)  Not later than September 1, 2018, the Texas Department   of Transportation shall adopt the first long-range plan containing   the information required by Section 2205.032(c), Government Code,   as amended by this Act.          (c)  Not later than September 1, 2018, the Texas   Transportation Commission shall:                (1)  adopt the rules required by Sections 201.807(h),   201.991(b-1), 201.998(f), and 201.9992, Transportation Code, as   added by this Act, and Section 223.012, Transportation Code, as   amended by this Act; and                (2)  adopt or modify any rules necessary to implement   the changes in law made by this Act to Sections 201.807, 201.991,   and 201.998, Transportation Code.          SECTION 53.  This Act takes effect September 1, 2017.