Texas Statutes
Subchapter H. Public and Private Facilities and Infrastructure: Qualifying Projects
Section 2165.352. Commission Review Guidelines and Policies

Sec. 2165.352. COMMISSION REVIEW GUIDELINES AND POLICIES. (a) In adopting the qualifying project review guidelines required by Section 2267.052, as added by Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular Session, 2011, the commission must include review criteria and documentation to guide the initial review of each substantially complete qualifying project proposal received by the commission.
(b) The review criteria required under Subsection (a) at a minimum must include:
(1) the extent to which the qualifying project meets a public need;
(2) the extent to which the project meets the objectives and priorities of the commission and aligns with any applicable commission plans and design guidelines or zoning requirements, including the Capitol Complex master plan developed under Section 2166.105;
(3) the technical and legal feasibility of the project;
(4) the adequacy of the qualifications, experience, and financial capacity of a private entity or other person submitting the proposal;
(5) any potentially unacceptable risks to this state; and
(6) whether an alternative delivery method is feasible and more effectively meets this state's goals.
(c) The commission's qualifying project review guidelines must:
(1) specify the types of professional expertise, including financial, real estate, design, legal, and other related expertise, needed to effectively protect this state's interest when considering and implementing a qualifying project;
(2) specify the range of professional expertise needed at each stage of the project, including proposal evaluation, financial analysis, risk allocation analysis, design review, contract negotiation, and contract and performance monitoring, to evaluate the qualifying project proposal; and
(3) require the oversight committee established by the commission for each qualifying project to report to the commission the results of the committee's evaluation of the project, including the schedules, procedures, proposal evaluation criteria, and documentation required in the guidelines for the evaluation.
(d) On completion of the negotiation phase for the development of a comprehensive agreement and before a comprehensive agreement is entered into, the commission shall:
(1) for each qualifying project proposal, post on the commission's Internet website the oversight committee's review report and other evaluation documents; and
(2) before posting the report and documents required under Subdivision (1), redact all information included in the report and documents that is considered confidential under Section 2267.066(c).
(e) The expertise described by Subsection (c) may be provided by commission staff or outside experts.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 13, eff. June 14, 2013.