GOVERNMENT CODE

TITLE 10. GENERAL GOVERNMENT

SUBTITLE F. STATE AND LOCAL CONTRACTS AND FUND MANAGEMENT

CHAPTER 2268.  PARTNERSHIP ADVISORY COMMISSION

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 2268.001.  DEFINITIONS.  In this chapter:
(1)  "Center" means the center for alternative finance and procurement established under Section 2152.110 by the Texas Facilities Commission.
(1-a)  "Commission" means the Partnership Advisory Commission.
(2)  "Comprehensive agreement" has the meaning assigned by Section 2267.001.
(3)  "Detailed proposal" means a proposal for a qualifying project accepted by a responsible governmental entity beyond a conceptual level of review that defines and establishes periods related to fixing costs, payment schedules, financing, deliverables, and project schedule.
(4)  "Interim agreement" has the meaning assigned by Section 2267.001.
(5)  "Qualifying project" has the meaning assigned by Section 2267.001.
(6)  "Responsible governmental entity" has the meaning assigned by Section 2267.001.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 1, eff. September 1, 2011.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 1075 (H.B. 2475), Sec. 9, eff. September 1, 2015.

Sec. 2268.002.  APPLICABILITY.  This chapter applies only to responsible governmental entities described by Section 2267.001(5)(A).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 1, eff. September 1, 2011.

SUBCHAPTER B.  COMMISSION

Sec. 2268.051.  ESTABLISHMENT OF COMMISSION.  The Partnership Advisory Commission is an advisory commission in the legislative branch that advises responsible governmental entities described by Section 2267.001(5)(A) on proposals received under Chapter 2267.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 1, eff. September 1, 2011.

Sec. 2268.052.  COMPOSITION AND TERMS.  (a)  The commission consists of the following 11 members:
(1)  the chair of the House Appropriations Committee or the chair's designee;
(2)  three representatives appointed by the speaker of the house of representatives;
(3)  the chair of the Senate Finance Committee or the chair's designee;
(4)  three senators appointed by the lieutenant governor; and
(5)  three representatives of the executive branch, appointed by the governor.
(b)  The legislative members serve on the commission until the expiration of their terms of office or until their successors qualify.
(c)  The members appointed by the governor serve at the will of the governor.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 1, eff. September 1, 2011.

Sec. 2268.053.  PRESIDING OFFICER.  The members of the commission shall elect from among the legislative members a presiding officer and an assistant presiding officer to serve two-year terms.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 1, eff. September 1, 2011.

Sec. 2268.054.  COMPENSATION; REIMBURSEMENT.  A member of the commission is not entitled to compensation for service on the commission but is entitled to reimbursement for all reasonable and necessary expenses incurred in performing duties as a member.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 1, eff. September 1, 2011.

Sec. 2268.055.  MEETINGS. (a)  The commission shall hold meetings quarterly or on the call of the presiding officer.
(b)  Commission meetings are subject to Chapter 551.
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. 34, eff. June 14, 2013.

Sec. 2268.056.  ADMINISTRATIVE, LEGAL, RESEARCH, TECHNICAL, AND OTHER SUPPORT.  (a)  The legislative body that the presiding officer serves shall provide administrative staff support for the commission.
(b)  The Texas Legislative Council shall provide legal, research, and policy analysis services to the commission.
(c)  The staffs of the House Appropriations Committee, Senate Finance Committee, and comptroller shall provide technical assistance.
(d)  The center, using the qualifying project fees authorized under Section 2165.353, shall provide, on a cost recovery basis, professional services of financial, technical, and other necessary advisors and consultants, authorized under Section 2267.053(d), as necessary to support the Partnership Advisory Commission in its review and evaluation of proposals, including financial and risk allocation analysis and ongoing contract performance monitoring of qualifying projects.  The center shall assign staff and contracted advisors and consultants necessary to perform the duties required by this subsection.
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. 35, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1075 (H.B. 2475), Sec. 10, eff. September 1, 2015.

Sec. 2268.057.  COMMISSION PROCEEDINGS.  A copy of the proceedings of the commission shall be filed with the legislative body that the presiding officer serves.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 1, eff. September 1, 2011.

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.

Sec. 2268.059.  CONFIDENTIALITY OF CERTAIN RECORDS SUBMITTED TO COMMISSION.  Records and information afforded protection under Section 552.153 that are provided by a responsible governmental entity to the commission and the presiding officer of the House Appropriations Committee and of the Senate Finance Committee, or their designees, shall continue to be protected from disclosure when in the possession of the commission and the presiding officers or their designees.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 1, eff. September 1, 2011.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 1075 (H.B. 2475), Sec. 11, eff. September 1, 2015.