BILL ANALYSIS



C.S.H.B. 1751
By: Cuellar, Henry
03-29-95
Committee Report (Substituted)


BACKGROUND

Current law, (Vernon's Texas Civil Statutes, Article 6674v, Section
12c) does not include municipalities in the government entities
which are considered eligible for the award of a Turnpike Project. 
Some municipalities on the border with Mexico have experience rapid
increases in traffic as a result of NAFTA and are in need of
turnpikes in order to better serve their citizens.

PURPOSE

This bill allows a county in a joint turnpike authority with a
county with a population of over 1.5 million.  This bill also
allows a municipality on the border of the Republic of Mexico to
receive a turnpike project.  In addition, it specifies that the
Turnpike Authority, the Texas Transportation Commission and the
governor must approve all turnpike projects.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1: Amends Vernon's Texas Civil Statutes, Article 6674v,
Section 12c, Subsections (a) and (b) as follows:
(a)This section is amended specifying that only (1)a county or a
municipality, or an adjacent county in a joint turnpike authority
with a county whose population is more than 1.5 million or (2)a
municipality with a population of more than 120,000 that is
adjacent to Mexico.  These projects must be approved by the
authority, the Texas Transportation Commission, and the governor.
(b)Adds language including municipalities to eligible recipients of
a Turnpike Project.

SECTION 2: Amends Vernon's Texas Civil Statutes, Article 6674v,
Section 12d as follows:
(1)Adds a municipality to the list of successor agencies to the
Texas Turnpike Authority under the Texas Constitution which are
eligible to receive a Turnpike Project.
(2)is amended to remove references to the most recent federal
decennial census in determining the population of a county eligible
for a turnpike project.

SECTION 3: Emergency Clause and Effective Date as upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The original H.B. 1751 specified that municipalities which border Mexico with a population of more
than 100,000 and less than 200,000 are eligible for turnpike projects.  C.S.H.B. 1751 removes this
requirement and replaces it with (1)a county or a municipality, or an adjacent county in a joint
turnpike authority with a county whose population is more than 1.5 million or (2)a municipality with
a population of more than 120,000 that is adjacent to Mexico.  The substitute also removes
references to the federal decennial census in determining the population of a county.  These projects
must be approved by the authority, the Texas Transportation Commission, and the governor.  The
original of H.B. 1751 stated that these projects can be granted upon approval of the authority, the
Texas Transportation Commission, and the governor as being in the best interests of the county in
question. C.S.H.B. 1751 changes the order of the words from the original with respect to the
placement of the word "municipality."  C.S.H.B. 1751, Section 2 changes the order of the word
"municipality" from the original and removes language referencing the federal decennial census from
determining a population of a county.  Section 3 is the same in both C.S.H.B. 1751 and the original
H.B. 1751.

SUMMARY OF COMMITTEE ACTION

Pursuant to a notice posted on March 9, 1995 at 6:16 p.m. the House Committee on Transportation
met in a public hearing on Wednesday March 15, 1995 at 2:00 p.m. in Room E1.014 of the Capitol
Extension and was called to order at 2:20 p.m. by the Chair, Representative Clyde Alexander.  The
Chair laid out H.B. 1751 and recognized Representative Henry Cuellar to explain H.B. 1751.  No
persons testified in support of, or in opposition to H.B. 1751.  The Chair left H.B. 1751 pending
before the Committee.  Pursuant to a public notice posted on March 23, 1995, at 7:36 p.m., the
House Committee on Transportation met in a public hearing on Wednesday, March 29, 1995 at 2:00
p.m. in Room E1.014 of the Capitol Extension and was called to order at 2:10 p.m. by the Chair,
Representative Clyde Alexander.  The Chair laid out H.B. 1751 by Cuellar, H. which was pending
before the Committee.  Representative Moreno laid out the committee substitute to H.B. 1751 and
without objection the substitute was adopted.  Representative Siebert moved that the committee
report H.B. 1751, as substituted, to the full House with the recommendation that it do pass.  The
motion prevailed by the following vote: Ayes (6), Nayes (0), Absent (3), Present not voting (0).