By: Cain S.B. No. 1360
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the operation and management of the Texas Turnpike
1-2 Authority; providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 5, Chapter 410, Acts of the 53rd
1-5 Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
1-6 Civil Statutes), is amended by adding Subsections (q) and (r) to
1-7 read as follows:
1-8 (q) The Texas Department of Transportation is authorized to
1-9 expend money, from any source available, for the costs of Turnpike
1-10 Projects, provided that any money expended out of the state highway
1-11 fund shall be repaid to the fund from tolls or other turnpike
1-12 revenue.
1-13 (r) The Authority may hold an open or closed meeting by
1-14 telephone conference call using the following procedures: the
1-15 telephone conference call meeting must satisfy the notice
1-16 requirements applicable to other meetings; the notice of the
1-17 telephone conference call meeting must specify as the location of
1-18 the meeting the Authority's conference room in its offices; and
1-19 each part of the telephone conference call meeting that is required
1-20 to be open to the public shall be audible to the public at the
1-21 location specified, shall be either tape-recorded or documented by
1-22 written minutes, and, on conclusion of the meeting, shall be made
1-23 available to the public in the form of a tape recording or written
2-1 minutes.
2-2 SECTION 2. Section 20a, Chapter 410, Acts of the 53rd
2-3 Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
2-4 Civil Statutes), is amended to read as follows:
2-5 Sec. 20a. <PRIVATE> PARTICIPATION IN PROJECTS. (a) The
2-6 Authority may enter into agreements with public and private
2-7 entities, including toll road corporations, to permit them,
2-8 independently or jointly with the Authority, to construct, to
2-9 maintain, to repair, and to operate turnpike projects;<,> and the
2-10 Authority may authorize the investment of public and private funds,
2-11 including debt and equity participation, as a means for financing
2-12 all or any of the above functions.
2-13 (b) In the construction, maintenance, repair, and operation
2-14 of any new turnpike project and the extension and expansion of any
2-15 existing turnpike project by invested private funding, or by both
2-16 public and private source funding, the Authority may utilize
2-17 exclusive development agreements with private entities in which the
2-18 Authority shall have broad latitude to negotiate the terms and
2-19 conditions for the methods and types of financing and in which it
2-20 may combine and negotiate any or all professional and consulting
2-21 services, construction, operation, and maintenance of such turnpike
2-22 projects.
2-23 (c) Every turnpike project which is the subject of a
2-24 development agreement with a private entity at all times shall be,
2-25 and all the facilities acquired or constructed thereon shall be,
3-1 public property and shall belong to the Authority. However, the
3-2 Authority may enter into agreements which include provisions for
3-3 the leases of rights-of-way, for the granting of easements and for
3-4 the issuance of franchises, licenses, permits, or any lawful uses
3-5 to enable a private entity to construct, to operate, and to
3-6 maintain turnpike projects and those which supplement a turnpike
3-7 project. At the termination of any such agreements, the turnpike
3-8 project and all facilities shall be in a state of proper
3-9 maintenance as determined by the Authority and returned to the
3-10 Authority in satisfactory condition at no further cost.
3-11 (d) The Authority shall not incur any financial obligations
3-12 for a private entity which constructs, maintains or operates a
3-13 turnpike project; and neither the State, the Authority, nor any
3-14 political subdivision of the State shall be liable for any
3-15 financial or other obligations of any turnpike project solely
3-16 because of its being, constructed, financed, or operated in whole
3-17 or in part by a private entity.
3-18 (e) The Authority will be responsible for negotiating in
3-19 every turnpike project where private entities are participants, the
3-20 terms and conditions of private participation which will include:
3-21 (1) methods of determining applicable costs, profit,
3-22 and project distribution between all private equity investors and
3-23 the Authority;
3-24 (2) reasonable methods for determining and classifying
3-25 toll rates;
4-1 (3) acceptable safety and policing standards; and
4-2 (4) all other professional, consultant, construction,
4-3 operation and maintenance standards, expenses, and costs
4-4 applicable.
4-5 (f) The Authority will establish, administratively, the
4-6 rules, procedures, and guidelines which will govern the negotiating
4-7 process with the intention of promoting fairness, of obtaining
4-8 numbers of private participants in turnpike projects, and of
4-9 promoting confidence among such participants. The rules concerning
4-10 the negotiations shall contain criteria for qualifications of the
4-11 participants and for the award of the contracts; and the Authority
4-12 shall maintain updated procedures concerning participation in
4-13 negotiations for all such projects. Agreements are to be upon
4-14 terms determined in the exclusive judgment of the Authority. The
4-15 Authority shall include the Attorney General, or his designee, in
4-16 the negotiations with private participants.
4-17 (g) The Authority also may enter agreements with other
4-18 governmental agencies and entities, including, but not limited to,
4-19 Federal agencies, State agencies of this and other states, the
4-20 United Mexican States and <including> states of the United Mexican
4-21 States <in Mexico>, political subdivisions, and municipalities,
4-22 independently or jointly with private entities to provide services,
4-23 to study feasibility of projects, to finance, to construct, to
4-24 operate, and to maintain turnpike projects pursuant to the other
4-25 terms hereof.
5-1 (h) The Authority is authorized to participate in and may
5-2 designate board members to serve as representatives on boards,
5-3 commissions, or public bodies, the purposes of which are to promote
5-4 the development of joint toll facilities within this State, between
5-5 this and other states, or between this State and the United Mexican
5-6 States or states of the United Mexican States. All fees and
5-7 expenses associated with Authority participation may be reimbursed
5-8 from the Texas Turnpike Authority Feasibility Study Fund.
5-9 SECTION 3. Section 21, Chapter 410, Acts of the 53rd
5-10 Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
5-11 Civil Statutes), is amended to read as follows:
5-12 Sec. 21. MISCELLANEOUS. (a) Each Turnpike Project when
5-13 constructed and opened to traffic shall be maintained and kept in
5-14 good condition and repair by the Authority. Each such project
5-15 shall also be policed and operated by such force of police,
5-16 toll-takers, and other operating employees as the Authority may in
5-17 its discretion employ. Within its discretion the Authority may
5-18 make arrangements with the Department of Public Safety for the
5-19 services of police officers of that Agency.
5-20 (b) All private property damaged or destroyed in carrying
5-21 out the powers granted by this Act shall be restored or repaired
5-22 and placed in its original condition as nearly as practicable or
5-23 adequate compensation made therefor out of funds provided under the
5-24 authority of this Act.
5-25 (c) All counties, cities, villages, and other political
6-1 subdivisions and all public agencies and commissions of the State
6-2 of Texas, notwithstanding any contrary provision of law, are hereby
6-3 authorized and empowered to lease, lend, grant, or convey to the
6-4 Authority at its request, upon such terms and conditions as the
6-5 proper authorities of such counties, cities, villages, other
6-6 political subdivisions, or public agencies and commissions of the
6-7 State may deem reasonable and fair and without the necessity for
6-8 any advertisement, order of court, or other action or formality,
6-9 other than the regular and formal action of the authorities
6-10 concerned, any real property which may be necessary or appropriate
6-11 to the effectuation of the authorized purposes of the Authority,
6-12 including highways and other real property already devoted to
6-13 public use.
6-14 (d) An action by the Authority may be evidenced in any legal
6-15 manner, including a resolution adopted by its Board of Directors.
6-16 (e) Any member, agent, or employee of the Authority who
6-17 contracts with the Authority or is interested, either directly or
6-18 indirectly, in any contract with the Authority or in the sale of
6-19 any property, either real or personal, to the Authority, shall be
6-20 punished by a fine of not more than One Thousand Dollars ($1,000).
6-21 (f) Any motor vehicle which is not a police or emergency
6-22 vehicle, driven or towed through a toll collection facility, shall
6-23 pay the proper toll. The Authority may use such technology,
6-24 including automatic vehicle and vehicle license tag identification
6-25 photography and video surveillance, as it deems necessary to aid in
7-1 the collection of tolls and enforcement of toll violations by
7-2 producing recorded images of vehicles driven or towed through toll
7-3 collection facilities. All recorded images produced using such
7-4 devices are for the exclusive use of the Authority in discharging
7-5 its duties under this section and may not be available to the
7-6 public or used in any court except as provided in this section
7-7 <person who uses any turnpike project and fails or refuses to pay
7-8 the toll provided therefor, shall be punished by a fine of not more
7-9 than One Hundred Dollars ($100) and in addition thereto the
7-10 Authority shall have a lien upon the vehicle driven by such person
7-11 for the amount of such toll and may take and retain possession
7-12 thereof, until the amount of such toll and all charges in
7-13 connection therewith shall have been paid>.
7-14 (g) In the event of nonpayment of the proper toll, as
7-15 evidenced by video or other recording made pursuant to Subsection
7-16 (f) of this section, and on issuance of a proper notice of
7-17 nonpayment, the registered owner of the nonpaying vehicle shall be
7-18 legally bound to pay both the proper toll and an administrative
7-19 fee. The Authority is hereby authorized to fix, revise, charge,
7-20 and collect the administrative fee, so as to recover the cost of
7-21 collecting the unpaid toll, not to exceed one hundred dollars
7-22 ($100). The notice of nonpayment to the registered owner shall be
7-23 sent by first class mail no later than 30 days after the alleged
7-24 failure to pay and shall require payment no sooner than 30 days
7-25 from the date the notice was mailed. The registered owner shall
8-1 pay a separate toll and administrative fee for each event of
8-2 nonpayment.
8-3 (h) If the registered owner of the vehicle fails to pay the
8-4 proper toll and administrative fee within the time specified by the
8-5 notice of nonpayment issued pursuant to Subsection (g) of this
8-6 section, the registered owner shall be cited as for other traffic
8-7 violations for the nonpayment, and the owner shall be legally bound
8-8 to pay a fine, not to exceed two hundred fifty dollars ($250), for
8-9 each event of nonpayment. Neither the legal obligation to pay nor
8-10 the actual payment of the fine shall affect the legal duty of the
8-11 owner for any other fine or penalty prescribed by law. In the
8-12 prosecution of a violation under this subsection, proof, as
8-13 evidenced by video or other recording, that the vehicle passed
8-14 through a toll collection facility without payment of the proper
8-15 toll, together with proof that the defendant was the registered
8-16 owner of the vehicle when the failure to pay occurred, establishes
8-17 the nonpayment of the registered owner. The court of the local
8-18 jurisdiction in which the violation occurred is authorized to
8-19 assess and to collect the fine, in addition to any court costs,
8-20 provided that the court must also collect the proper toll and
8-21 administrative fee and forward the toll and fee to the Authority.
8-22 (i) It is a defense to nonpayment under Subsections (f)
8-23 through (j) of this section that the motor vehicle in question was
8-24 stolen before the failure to pay the proper toll occurred and was
8-25 not recovered by the time of the failure to pay, provided the theft
9-1 was reported to the appropriate law enforcement authority before
9-2 the earlier of (1) the occurrence of the failure to pay; or (2)
9-3 eight hours after the discovery of the theft.
9-4 (j) A registered owner who is a lessor of a vehicle
9-5 concerning which a notice of nonpayment was issued pursuant to
9-6 Subsection (g) of this section shall not be legally bound in
9-7 connection with that notice of nonpayment provided that, no later
9-8 than 30 days from the date the notice of nonpayment is mailed, the
9-9 registered owner provides to the Authority a copy of the rental,
9-10 lease, or other contract document covering the vehicle on the date
9-11 of the nonpayment, with the name and address of the lessee clearly
9-12 legible. Failure to provide such information within the time
9-13 period prescribed shall render the lessor legally bound as the
9-14 registered owner. If the lessor provides the required information
9-15 within the time period prescribed, the lessee of the vehicle on the
9-16 date of the violation shall be deemed to be the owner of the
9-17 vehicle for purposes of this section and shall be subject to
9-18 prosecution for failure to pay the proper toll as if the lessee
9-19 were the registered owner, provided that the Authority sends a
9-20 notice of nonpayment to the lessee by first class mail within 30
9-21 days of receiving the required information from the lessor.
9-22 (k) For purposes of this section, a "transponder" means a
9-23 device, placed on or within an automobile, that is capable of
9-24 transmitting information used to assess or to collect tolls. A
9-25 transponder is "insufficiently funded" when there are no remaining
10-1 funds in the account in connection with which the transponder was
10-2 issued. Any law enforcement officer of the Department of Public
10-3 Safety of the State of Texas has the authority to seize a stolen or
10-4 insufficiently funded transponder and to return it to the
10-5 Authority, provided that an insufficiently funded transponder shall
10-6 not be seized sooner than 30 days after the Authority has sent a
10-7 notice of delinquency to the holder of the account.
10-8 (l) The Authority shall cause an audit of its books and
10-9 accounts to be made at least once in each year by certified public
10-10 accountants, and the cost thereof may be treated as a part of the
10-11 cost of construction or of operation of the Turnpike Project. <The
10-12 Authority shall cause an audit of its books and accounts to be made
10-13 at least once in each year by certified public accountants and the
10-14 cost thereof may be treated as a part of the cost of construction
10-15 or of operation of the Turnpike Project.>
10-16 SECTION 4. This Act takes effect September 1, 1995.
10-17 SECTION 5. The importance of this legislation and the
10-18 crowded condition of the calendars in both houses create an
10-19 emergency and an imperative public necessity that the
10-20 constitutional rule requiring bills to be read on three several
10-21 days in each house be suspended, and this rule is hereby suspended,
10-22 and that this Act take effect and be in force from and after
10-23 passage, and it is so enacted.