BILL ANALYSIS
C.S.S.B. 1360
By: Cain (Alexander)
05-03-95
Committee Report (Substituted)
BACKGROUND
The Texas Turnpike Authority (authority) was extended after sunset
review by the 72nd Legislature. After the adoption of sunset
legislation, the authority's board of directors has determined that
amendments to their basic law would facilitate the management and
operation of the authority and clarify existing law.
PURPOSE
As proposed, C.S.S.B. 1360 sets forth authorized activities for the
operation and management of the Texas Turnpike Authority and
requirements for the payment of tolls; provides a penalty.
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
ARTICLE 1:
SECTION 1.01. Amends Section 1, Chapter 410, Acts of the 53rd
Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
Civil Statutes).
Sec. 1. CONSTRUCTION, MAINTENANCE AND OPERATION AUTHORIZED.
Provides for better connections between highways of the State of
Texas and the highway system of adjoining states, including states
of the United States and the United Mexican States, including
cooperation between the States.
SECTION 1.02. Amends Section 5, Chapter 410, Acts of the 53rd
Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
Civil Statutes).
Sec. 5. GENERAL GRANT OF POWERS AND DUTIES IMPOSED. Subsection
(d) to construct, maintain, repair and operate Turnpike Projects as
hereinabove defined at such locations within the State as may be
determined by the Authority subject to approval as to location by
the Texas Transportation Commission; unless the Transportation
Commission determines that it is necessary to transfer a public
highway to the authority to accomplish needed enlargements,
improvements, or extensions to the highway; if the commission
determines the transfer necessary, the highway may be enlarged,
improved, or extended by the Authority as a turnpike project.
Subsection (i) designates the location, and establishes limits and
controls of such points of ingress to and egress from, each
Turnpike Project as may be necessary or desirable in the judgement
of the Authority and the Texas Department of Transportation to
insure the proper operation and maintenance of such projects.
Subsection (q) Authorizes the Texas Department of Transportation
(department) to expend money for the costs of turnpike projects,
provided that any monies expended out of the state highway fund
shall be repaid to the fund from tolls or other turnpike revenue.
Subsection (r) Authorizes the Texas Turnpike Authority (authority)
to hold an open or closed meeting by telephone conference call
using a certain procedure.
SECTION 1.03. Amends Sections 9(b), and (e), Chapter 410, Acts of
the 53rd Legislature, Regular Session, 1953 (Article 6674v,
Vernon's Texas Civil Statutes).
Subsection (b) The principal of, interest on, and any redemption
premium on such bonds shall be payable solely from the fund herein
or otherwise provided by law for such payment and for the revenues
of the particular project for which such bonds were issued.
Subsection (e) the proceeds of the bonds of each issue shall be
used solely for the payment of the cost of the Turnpike Project for
which such bonds shall have been issued. If the proceeds of the
bonds of any issue, shall be less than such cost, additional bonds
may in like manner be issued to provide the amount of such deficit,
and, unless otherwise provided in the resolution authorizing the
issuance of such bonds or in the trust agreement securing the same,
shall be deemed to be on a parity with and shall be entitled to
payment from the same fund without preference or priority of the
bonds first issued.
SECTION 1.04. Amends Section 10, Chapter 410, Acts of the 53rd
Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
Civil Statutes).
Sec. 10. TURNPIKE REVENUE REFUNDING BONDS. Within the discretion
of the Authority the refunding bonds may be issued in exchange for
outstanding bonds or may be sold and the proceeds used for the
purpose of paying or providing for the payment of the outstanding
bonds.
SECTION 1.05. Amends Section 11(c), Chapter 410, Acts of the 53rd
Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
Civil Statutes).
Subsection (c) No trust agreement shall evidence a pledge of the
revenues of any Project to any other purpose than (ii) for the
payment of the principal of, interest on, and any redemption
premium on such bonds as the same shall become due and payable.
SECTION 1.06. Amends Section 12(a), Chapter 410, Acts of the 53rd
Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
Civil Statutes).
Subsection (a) the Authority is hereby authorized to fix, revise,
charge and collect tolls for the use of each Turnpike Project and
the different parts thereof, including for tracks for railroad or
railway use or for use by telephone, telecommunication, electric
light or power lines and to fix the terms, conditions, rents and
rates of charges for such use or the terms and conditions of such
lease or sale.
SECTION 1.07. Amends Section 12e, Chapter 410, Acts of the 53rd
Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
Civil Statutes).
Subsection (d)(6) the Authority may use the revolving fund to
provide for any other reasonable purpose that assists in the
financing of the Authority as authorized by this Act.
SECTION 1.08. The heading to Section 20a, Chapter 410, Acts of the
53rd Legislature, Regular Session, 1953 (Article 6674v, Vernon's
Texas Civil Statutes) is amended to read as follows:
Sec. 20a. PARTICIPATION IN PROJECTS.
SECTION 1.09. Amends Section 20a by amending Subsections (a), (b),
and (g) and adding Subsections (h), Chapter 410, Acts of the 53rd
Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
Civil Statutes).
Subsections (a)-(b) Authorize the authority to enter into
agreements with public and private entities to construct, maintain,
repair, and operate turnpike projects. Makes conforming changes.
Subsection (g) Authorizes the authority to enter into agreements
with other governmental agencies and entities including the United
Mexican States and states of the United Mexican States,
independently or jointly with private agencies to provide services,
to study feasibility of projects, to finance, to construct, to
operate, and to maintain turnpike projects pursuant to other terms
hereof.
Subsection (h) Authorizes the authority to participate in and
designate board members to serve as representatives on boards,
commissions, or public bodies to promote the development of joint
toll facilities within this state, between this state and the
states of the United Mexican States, or between this state and
other domestic states. Authorizes all fees and expenses associated
with authority participation to be reimbursed from the authority
feasibility study fund.
SECTION 1.10. Amends Section 21, Chapter 410, Acts of the 53rd
Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
Civil Statutes).
Subsection (f) Requires any motor vehicle which is not a police or
emergency vehicle, driven or towed through a toll collection
facility to pay the proper toll. Authorizes the authority to use
such technology as it deems necessary to aid in the collection of
tolls and enforcement of toll violations by producing recorded
images of vehicles driven or towed through toll collection
facilities. Provides that all recorded images are for the
exclusive use of the authority in discharging its duties and may
not be available to the public or used in any court except as
provided in this section. Deletes existing Subsection (f).
Subsection (g) Requires the registered owner (owner) of a vehicle
that does not pay a proper toll and on issuance of a notice of
nonpayment to be legally bound to pay both the toll and an
administrative fee. Authorizes the authority to fix, revise,
charge, and collect the fee, so as to recover the cost of
collecting the unpaid toll, up to $100. Sets forth requirements
for notifying the owner. Requires the owner to pay a separate toll
and fee for each event of nonpayment.
Subsection (h) Requires the owner to be cited as for other traffic
violations for a nonpayment of the toll and fee within the time
specified and to be legally bound to pay a fine up to $250 for each
event of nonpayment. Prohibits either the legal obligation to pay
or the actual payment of the fine from affecting the legal duty of
the owner for any other fine or penalty. Provides that in the
prosecution of a violation, proof that the vehicle passed through
a toll without payment, together with proof that the defendant was
the registered owner of the vehicle when the failure to pay
occurred, establishes the nonpayment of the registered owner.
Authorizes the court of the local jurisdiction in which the
violation occurred to assess and collect the fine, in addition to
any court costs, provided that the court must also collect the
proper toll and fee and forward the amount to the authority.
Subsection (i) Provides that it is a defense to nonpayment under
Subsections (f) through (j) that the motor vehicle was stolen
before the failure to pay the proper toll occurred and was not
recovered by the time of the failure to pay, provided that the
theft was reported to the appropriate law enforcement authority
within a certain time period.
Subsection (j) Prohibits an owner who is a lessor of a vehicle
concerning which a notice of nonpayment was issued from being
legally bound in connection with that notice of nonpayment,
provided that, within a certain time period, the owner provides to
the authority a copy of the document covering the vehicle on the
date of the nonpayment, with the name and address of the lessee.
Requires failure to provide such information to render the lessor
as legally bound as the owner. Requires the lessee to be deemed
the owner and to be subject to prosecution as if the lessee were
the owner if the lessor provides the required information and the
authority sends a notice of nonpayment to the lessee within a
certain time period.
Subsection (k) Defines "transponder" and "insufficiently funded."
Subsection (l) Requires the authority to cause an audit of its
books and accounts to be made at least once each year by
accountants and authorizes the cost to be treated as a part of the
turnpike project. Deletes existing Subsection (g).
SECTION 1.11. Amends Section 27, Chapter 410, Acts of the 53rd
Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
Civil Statutes).
Sec. PROJECT POOLING WITHIN THE SAME COUNTY. The Authority is
hereby authorized and empowered, but only as to projects located
wholly or partly in a planning region of a council of governments
created under Chapter 391, Local Government Code.
Subsection (a) to determine after a public hearing, subject to
prior approval by the Texas Transportation Commission and a
resolution approving the same duly passed by the county
commissioners court of the county where the projects are located.
Subsection (b) the Authority is authorized to provide by resolution
from time to time for the issuance of turnpike revenue bonds of the
authority for the purpose of paying all or any part of the cost of
any pooled project or the cost of any part of such pooled project
and to pledge revenues of such pooled project or any part thereof.
Subsection (c) subject to the terms of any trust agreement securing
the payment of any turnpike revenue bonds, the authority is
authorized to issue by resolution turnpike revenue refunding bonds
of the authority for the purpose of refunding any bonds then
outstanding, issued on account of any pooled project or any part of
any pooled project issued under the provisions of this Act.
ARTICLE 2:
SECTION 2.01. Amends Section 361.031 (c), Transportation Code, is
amended to read as follows:
Subsection (c) the exercise by the authority of the powers
conferred by this chapter in the construction, operation, and
maintenance of a turnpike project is in all respects for the
benefit of the people of this state.
SECTION 2.02. Amends Section 361.032, Transportation Code as
follows:
Subsection (h) is added to indicate that the majority of the
turnpike board is a quorum and is necessary for any action taken by
the board.
Subsection (i) is added to indicate that a vacancy in the
membership of the board does not impair the right of a quorum to
exercise a right or perform a duty.
SECTION 2.03. Amends Subchapter B, Chapter 361, Transportation
Code as follows:
Section 361.0485 is added to indicate that (a)the board may convene
and hold open or closed meetings by telephone conference call.
Subsection (b) is added to indicate that telephone conference
meetings are subject to the notice requirements applicable to all
other meetings of the board.
Subsection (c) is added to indicate that the notice for telephone
conference meetings must specify the conference room of the
authority as the location of the meeting.
Subsection (d) is added to indicate that telephone conference
meetings which are required to be open to the public must be
audible in the location specified in the notice and must be
recorded on tape or in written minutes. Upon conclusion of the
meeting, the tape recordings or written minutes must be available
to the public.
SECTION 2.04. Amends Section 361.101, Transportation Code as
follows:
Section 361.101 indicates that the Turnpike Authority may
construct, maintain and operate a turnpike project to facilitate
vehicular traffic and promote the agricultural and industrial
development of the state, effect traffic safety, or improve
interstate connections and those with Mexico. This section also
indicates that the authority may determine to build a turnpike at
any time, except that the Commission must approve the location of
the project.
SECTION 2.05. Amends Section 361.171(e), Transportation Code is
amended as follows:
Subsection (e) is amended to indicate that unless otherwise
indicated, all additional bonds for a turnpike project are on a
parity with and are payable from the same fund without priority as
the first bond issue.
SECTION 2.06. Amends Section 361.173(a), Transportation Code as
follows:
Subsection (a) is amended to indicate that the principle, interest,
or any redemption premium on bonds are payable only from money
appropriated for their payment under this chapter or law or the
revenue of the project for which the bonds were issued, including
toll revenues pledged to pay the bonds.
SECTION 2.07. Amends Section 361.175, Transportation Code as
follows:
Subsection (c) is amended to indicate that the Turnpike Authority
may issue bonds in exchange for outstanding bonds or sell refunding
bonds and use the proceeds to pay or provide for the payment of
outstanding bonds.
SECTION 2.08. Amends Section 361.176(c), Transportation Code as
follows:
Subsection (c) indicates that trust agreements may not be used to
pledge revenue of a turnpike project except to pay the cost of
maintaining, repairing and operating the project, pay the
principal, interest or premium on bonds, or to create and maintain
reserves for purposes under Subdivisions (1) and (2) of Section
361.179 and otherwise provided by law.
SECTION 2.09. Amends Section 361.179(a), Transportation Code as
follows:
Subsection (a) indicates that the authority may impose tolls for
the use of each turnpike project and the different parts or
sections of each project; and contract with a person for the use of
part of a project or lease or sell part of the project, including
right-of-way adjoining the paved portion of the road for any
purpose including a gas station, garage, store, hotel, restaurant,
railroad tracks, telephone lines, telecommunications lines, and
utility lines. The authority may set the terms of the sale and use
of this adjoining right-of-way.
SECTION 2.10. Amends Section 361.180, Transportation Code as
follows:
Section 361.180 adds language which indicates that the authority
may impose a toll on an existing free public highway only if that
highway is transferred to the Turnpike Authority under Section
362.0041.
SECTION 2.11. Amends Section 361.184(c), Transportation Code as
follows:
Subsection (c) indicates that the authority may use money contained
in a revolving fund for the financing of the construction,
maintenance, and operation of a turnpike project; provide matching
funds for Federal grants or participatory funding; provide credit
enhancement for bonds issued to construct, expand, or improve a
turnpike project; or provide credit enhancement for bonds issued
for a turnpike project; or provide security for payment of existing
or future debt of a turnpike project; borrow money and issue
promissory notes or other indebtedness payable out of the fund for
any purpose authorized by this chapter; and provide for any other
reasonable purpose that assists in the financing of the authority
as allowed by this chapter.
SECTION 2.12. Amends the heading to Section 361.187,
Transportation Code as follows:
Section 361.187 adds assessment to the heading of this chapter
Exemption from Taxation and Assessment.
SECTION 2.13. Amends Section 361.187(a), Transportation Code as
follows:
Subsection (a) is amended to add assessment to the exemption from
taxation of an authority on a turnpike project, property the
authority acquires or uses under this chapter; or income from
property described by Subdivision (1) or (2).
SECTION 2.14. Amends Subchapter E, Chapter 361, Transportation
Code by adding Section 361.191 as follows:
Section 361.191 is added to indicate that Texas Department of
Transportation may expend funds from any source for the completion
of a turnpike project. If the money from the state highway fund is
used under this section, the fund must be repaid from tolls or
other turnpike revenue.
SECTION 2.15. Amends Subchapter G, Chapter 361, Transportation
Code by amending Section 361.252 and adding Sections 261.253-361.255 as follows:
Section 361.252 amends the heading of this section to include
Identification and Surveillance to Refusing to Pay Toll.
Subsection (a) is amended to indicate that any non-emergency
vehicle must pay the proper toll on a turnpike.
Subsection (b) is amended to indicate that the authority may use
the technology including automatic vehicle and license tag
identification photography and video surveillance, as necessary to
aid in the collection of tolls and enforcement of toll violations
by producing recorded images of vehicle driven or towed through
toll collection facilities.
Subsection (c) is added to indicate that these recorded images from
toll facilities are for the exclusive use of the toll authority and
may not be used by the public or used in court except as provided
by this subchapter.
Section 361.253 is added to indicate that the offenders caught on
film or photograph under Section 361.252 and notified of nonpayment
by the authority are legally bound to pay the proper toll and any
administrative fee.
Subsection (b) is added to indicate that the authority may fix,
revise, charge or collect the administrative fee to recover the
cost of collecting an unpaid toll, not to exceed $100. The notice
of nonpayment must be mailed first-class to an offender within 30
days from the date of the alleged violation. The authority may
require payment within 30 days and the violator must pay a separate
toll and administrative fee for each event of nonpayment.
Subsection (c) is added to indicate that if the registered owner
fails to pay the toll and fee within the specified time, the owner
will be cited for nonpayment as for other traffic violations. The
owner is legally bound to pay a fine not to exceed $250 for each
nonpayment. This fine or the payment of this fine does not affect
the duty of the vehicle owner for any other fine or penalty
prescribed by law.
SECTION 361.254(a) In the prosecution of a violation under Section
361.252 or 361.253 videotaped or photographic evidence of a
violation with proof that the defendant is the registered owner of
the vehicle when the offense occurred, establishes the nonpayment
of the registered owner.
Subsection (b) indicates the court of the local jurisdiction in
which the violation occurred my assess and collect the fine, in
addition to court costs. The court must also collect the proper
toll and administrative fee and forward them to the authority.
Subsection (c) indicates that it is a defense to nonpayment under
Section 361.252 or 361.253 that the motor vehicle in question was
stolen before the offense and was no recovered prior to the
offense. This defense only applies if the theft was reported to
law enforcement before the earlier of the occurrence of the failure
to pay or eight hours after the discovery of the theft.
Subsection (d) indicates that lessors of vehicles are not liable
for nonpayment of tolls if the registered owner provides a copy of
the lease agreement to the authority. If the lessor provides this
information, then the lessee is the subject to prosecution for
failure to pay if the authority sends a notice of nonpayment within
30 days after the date of receipt of the leasing contract.
Section 361.255(a) defines transponder as a device placed on or
within an automobile, that is capable of transmitting information
used to assess or collect tolls. A transponder is insufficiently
funded when there are no remaining funds in the account in
connection with which the transponder was issued.
Subsection (b) is added to indicate that law enforcement officer of
DPS has authority to seize a stolen or insufficiently funded
transponder and return it to the authority after more than 30 days
after the date which the authority has sent notice of delinquency
to the holder of the account.
Section 2.16. Amends Subchapter I, Chapter 361, Transportation
Code as follows:
Subchapter I deletes Private from heading of Participation in
Turnpike Projects.
Section 2.17. Amends Section 361. 301, Transportation Code as
follows:
Section 361.301 Adds Public to heading of Private entities to
construct, maintain, repair, and operate turnpike projects. (a)adds
language which indicates that an authority may enter into an
agreement with public or private entities to permit the entity to
construct, maintain, repair, and operate turnpikes.
Subsection (b) is amended to add public to private money for the
financing of turnpike projects.
SECTION 2.18. Amends Section 361.302, Transportation Code as
follows:
Section 361.302 is amended to add Public to the heading of
Exclusive Development Agreement with Private Entities. This
section indicates that the authority may use an exclusive
development agreement with public and private funding. The
authority has broad discretion to negotiate the terms of financing
and; may negotiate provisions relating to the professional and
consulting services for a turnpike project and the construction,
maintenance and operation of the project.
Section 2.19. Amends Section 361.307, Transportation Code as
follows:
Section 361.307 is amended to add the United Mexican States to
parties which can form agreements with another governmental entity.
This section also adds that these parties may independently or
jointly provide services or to finance a turnpike project.
SECTION 2.20. Amends Subchapter I, Chapter 361, Transportation
Code by adding Section 361.308 as follows:
Section 361.308 is added to indicate that (a)the authority may
participate in and designate board members to serve as
representatives on boards or commissions to promote the development
of joint toll facilities in this state, between states, or between
Texas and Mexico.
Subsection (b) is added to indicate that fees or expenses
associated with authority participation under this Section may be
reimbursed from money in the Texas Turnpike Authority study fund.
SECTION 2.21. Amends Section 361.331, Transportation Code by
amending Subsection (a) and adding Subsection (e) as follows:
Subsection (a) is amended to indicate that the authority may
designate projects which are wholly or partly located in a planning
region of a council of governments.
Subsection (e) is added to define council of governments as one
created under Chapter 391, Local Government Code.
Section 2.22. Amends Sections 362.001(1) and (4), Transportation
Code as follows:
Subdivision (1) defines Authority as the Texas Turnpike Authority
and adds language indicating that the entity which succeeds to the
principle functions of the authority or to whom the powers of the
authority are granted.
Subdivision (4) defines local government entity as a political
subdivision of the state, adding language including a municipality
or a county.
SECTION 2.23 . Amends Section 362.003, Transportation Code as
follows:
Section 362.003 is amended to indicate that this chapter is
cumulative of all laws which affect the issuance of bonds by local
governments. These laws include Article 717k, Article 717k-6,
Article 717q, Vernon;s Texas Civil Statutes.
Subsection (b) is added to indicate that this chapter is cumulative
of all laws affecting these commission, department, and local
government entities. In the event that any other law conflicts
with this chapter, then provisions of this chapter prevail.
Subsection (c) is amended to indicate that this chapter is
cumulative of all laws affecting the authority including Articles
6674v, 717k, 717k-6, 717q which are applicable to bonds issued by
the authority under this chapter.
SECTION 2.24. Amends Section 362.004, Transportation Code by
amending Subsection (c) and adding Subsections (e) and (f) as
follows:
Subsection (c) indicates that an agreement under this section may
(1)be payable from money lawfully held by the authority, (2)subject
to legislative appropriation if the intended source of payment
requires such; (3)specify the length of time a turnpike will remain
a toll facility; (4)specify the use of revenue from the project;
(5)provide the use of revenue from any turnpike that is an
extension of the original project; (6)provide for the expenditure
of money form any source for the cost of a turnpike.
Subsection (e) is added to indicate that if money is used from the
state highway fund is spent under an agreement under this section,
the authority must repay the fund form tolls or other turnpike
revenue.
Subsection (f) is added to indicate that if the commission finds
that the state highway system or the overall transportation of the
state will be enhanced, the commission may enter into an agreement
with the authority to provide funds for any purpose provided that
any money advanced out of the State Highway Fund is repaid through
tolls or other turnpike revenue.
SECTION 2.25. Amends Subchapter A, Chapter 362, Transportation
Code by adding Section 362.0041 as follows:
Section 362.0041 is added to indicate that if the commission finds
that a segment of the free state highway system to a toll road is
the most feasible and economic way to accomplish highway expansion
or extensions of the state highway system, that segment of road may
be transferred by order of the commission to the authority upon
approval of the governor. Such segment of highway will thereafter
be owned, operated, and maintained as a turnpike project under
Chapter 361.
Subsection (b) is added to indicate that the authority must
reimburse the commission for the cost of the transferred highway,
unless the state and public will gain more in net benefits that
exceed the cost. The cost includes the total dollar amount
expended by the department for the original construction, including
all engineering and design costs, the acquisition of right-of-way,
and the actual construction of the highway and necessary
facilities.
Subsection (c) is added to indicate that the Commission must remove
any transferred segments of highway from the state highway system
and have no liability for the maintenance or operation of the
highway.
Subsection (d) is added to indicate that prior to the transfer of
the highway, the commission must hold a public hearing to hear
public comment concerning the proposed transfer. Notice of such
hearing must be published in the Texas Register, one or more
newspapers of general circulation and a newspaper, if applicable,
in the county in which the transfer will take place.
Subsection (e) is added to indicate that the commission shall adopt
rules governing this section, including criteria and guidelines
governing transfers.
SECTION 2.26. Amends Section 362.007, Transportation Code as
follows:
Section 362.007 is amended to indicate that under authority of
Section 52, Article III, Texas Constitution, a local government
entity may issue bonds or enter and pay into agreements with the
Authority, for less than a 40 year term and only up to one-fourth
of the assessed valuation of all real property within the local
governmental entity. The total indebtedness of the entity must
never exceed the limits imposed by the Texas Constitution. The
municipality may levy and collect taxes to finance the repayment of
bonds or agreements.
Subsection (b) is amended to add language indicating that a local
government entity may enter into agreements with the authority and
make payments on bonds issued under such an agreement.
Subsection (c) is amended to add language to make payments under an
agreement in Subsection (b) and to provide a sinking fund for the
bonds or the contractual agreement. The entity may pledge revenue
from any available source, levy and collect taxes, or provide for
a combination of subdivisions (1) and (2).
Subsection (d) indicates that the limit on such bonds or agreements
is 40 years.
Subsection (e) is amended to indicate that any election required
under this subchapter must be held in accordance with Chapter 1,
Title 22, Revised Statutes.
ARTICLE 3:
SECTION 3.01 Effective Date: September 1, 1995.
SECTION 3.02(a) indicates that Article 1 of this Act only takes
effect if S.B. 971 does not become law. If S.B. 971 is enacted,
Article 1 has no effect.
Subsection (b) indicates that Article 2 of this Act only takes
effect if S.B. 971 becomes law. If S.B. 971 is not enacted, then
Article 2 of this Act has no effect.
SECTION 3.03. Emergency Clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
Committee substitute S.B. 1360 amends Section 5, Article 6674v,
V.T.C.S., by moving subsections (q) to Article 2, Section 2.14 of
the Transportation Code. Subsection (v) is added to Article 2,
Section 2.03 in identical language in Section 361.0485,
Transportation Code. CSSB 1360 amends Article 6674v, V.T.C.S.,
into Article 2, Sections 2.17, 2.18, 2.19, 2.20 which contain
identical provision as Sections 361.301, 361.302, 361.307, and
361.308, Transportation Code. CSSB 1360 amends Section 21, Article
6674v V.T.C.S., by adding Subsections (f) through (l) into Article
2, Sections 2.15. These are identical to Sections 361.252 and
361.255 of the Transportation Code. CSSB 1360 changes Section 4,
Effective Date to Article 3, Section 3.01, Effective Date. CSSB
1360 changes Section 5, Emergency Clause to Article 3, Section
3.03, Emergency Clause. CSSB 1360 adds Article 2, Section 2.01 to
the Transportation Code, Section 361.031 Subsection c(1). CSSB
1360 amends Transportation Code, Section 361.032 by adding
Subsections (h) and (i) in Article 2, Section 2.02. CSSB 1360
amends Section 361.101, Transportation Code by adding Subsections
(h) and (i) to Article 2, Section 2.02. CSSB 1360, Article 2,
Section 2.04 amends Section 361.101, Transportation Code in
Subsection (1)(D). CSSB 1360 Article 2, Section 2.05 amends
Transportation Code, Section 361.171(e) by adding clarifying
language. CSSB 1360 Article 2, Section 2.06 amends Section
361.175(c) Transportation Code by adding clarifying language. CSSB
1360 Article 2, Section 2.07 and 2.08 amends Section 361.175(c) and
Section 361.176(c) by adding clarifying language. CSSB 1360
Article 2, Section 2.09 and 2.10 amends Section 361.179(a) and
361.180 by adding clarifying language. CSSB 1360 Article 2,
Section 2.11 amends Section 361.184(c) by adding clarifying
language. CSSB 1360 Article 2, Section 2.12 amends the heading of
Section 361.187. CSSB 1360 Article 2, Section 2.13 amends
Transportation Code, Section 361.187(a) by adding clarifying
language. CSSB 1360 Article 2, Section 2.16 amends the heading of
Subchapter I, Chapter 361, Transportation Code. CSSB 1360 Article
2, Section 2.21 and 2.22 amends Section 361.331 and section
362.001(1) and (4) respectively to permit pooling of projects and
adds clarifying language. CSSB 1360 Article 2, Section 2.23 amends
Section 362.003, Transportation Code by clarifying that this
section is cumulative of all laws affecting the issuance of bonds.
CSSB 1360 Article 2, Section 2.24 amends Transportation Code,
Section 362.004 to clarify that TxDOT may expend money from any
source to complete a turnpike project. Any money used from the
State Highway Fund must be repaid from tolls and other revenues.
CSSB 1360 Article 2, Section 2.25 amends Section 362.0041,
Transportation Code authorizing acquisition of projects by the
Turnpike Authority after hearings and approval by the Governor.
CSSB 1360 Article 2, Section 2.26 amends Transportation Code
Section 362.007 to clarify the conditions which local governments
may enter into agreements for turnpike projects.
SUMMARY OF COMMITTEE ACTION
Pursuant to a public notice posted on April 28, 1995, at 4:58 p.m.,
the House Committee on Transportation met in a public hearing on
Wednesday, May 3, 1995, at 2:00 p.m., or upon adjournment, in Room
E1.014 of the Capitol Extension and was called to order at 5:53
p.m. by the Chair, Representative Clyde Alexander. The five day
posting rule was suspended from the House floor to take up and
consider S.C.R 78, in addition to the regular order of business.
The Chair laid out S.B. 1360 and recognized Representative
Alexander to explain S.B. 1360. The Chair recognized the following
person who testified but was neutral on S.B. 1360. Pete Davis,
Texas Turnpike Authority. There were no witnesses testifying in
support of, or in opposition to S.B. 1360. Representative Clemons
laid out the committee substitute to S.B. 1360, and without
objection the substitute was adopted. Representative Clemons moved
that the Committee report S.B. 1360, as substituted, to the full
House with the recommendation that it do pass. The motion
prevailed by the following vote: Ayes (5), Nayes (0), Absent (4),
Present not voting (0).