S.B. No. 1360
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 ARTICLE 1
1-5 SECTION 1.01. Section 1, Chapter 410, Acts of the 53rd
1-6 Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
1-7 Civil Statutes), is amended to read as follows:
1-8 Sec. 1. Construction, Maintenance and Operation Authorized.
1-9 To facilitate vehicular traffic throughout the State, to promote
1-10 the agricultural and industrial development of the State, to assist
1-11 in effecting traffic safety, to provide for the construction of
1-12 modern expressways, to provide better connections between highways
1-13 of the State of Texas and the highway system of adjoining states,
1-14 including states of the United States and the United Mexican
1-15 States, including cooperation between states, the Texas Turnpike
1-16 Authority, hereinafter created, is hereby authorized and empowered
1-17 to construct, maintain, repair and operate Turnpike Projects (as
1-18 hereinafter defined), and to issue turnpike bonds of the Texas
1-19 Turnpike Authority, payable solely from the revenues of such
1-20 projects.
1-21 SECTION 1.02. Section 5, Chapter 410, Acts of the 53rd
1-22 Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
1-23 Civil Statutes), is amended to read as follows:
2-1 Sec. 5. General grant of powers and duties imposed. The
2-2 Authority is hereby authorized, empowered, and it shall be its
2-3 duty:
2-4 (a) To adopt bylaws for the regulation of its affairs
2-5 and the conduct of its business;
2-6 (b) To adopt an official seal and alter the same at
2-7 pleasure;
2-8 (c) To sue and be sued in its own name, plead and be
2-9 impleaded; provided, however, that any and all actions at law or in
2-10 equity against the Authority shall be brought in the county where
2-11 the cause of action arises, and if land is involved, including
2-12 condemnation proceedings, suit shall be brought in the county where
2-13 the land is situated;
2-14 (d) To construct, maintain, repair and operate
2-15 Turnpike Projects as hereinabove defined at such locations within
2-16 the State as may be determined by the Authority subject to approval
2-17 as to location by the Texas <State Highway and Public>
2-18 Transportation Commission; provided that the Authority shall have
2-19 no power to fix, charge, or collect tolls for transit over any
2-20 existing free public Highway unless the Texas Transportation
2-21 Commission determines that it is necessary to transfer a public
2-22 highway to the Authority to accomplish needed enlargements,
2-23 improvements, or extensions to the highway; if the commission
2-24 determines the transfer necessary, the highway may be enlarged,
2-25 improved, or extended by the Authority as a Turnpike Project;
3-1 (e) To issue turnpike revenue bonds of the Authority
3-2 payable solely from revenues, including tolls pledged to such
3-3 bonds, except as otherwise authorized by this Act, for the purpose
3-4 of paying all or any part of the cost of a Turnpike Project;
3-5 turnpike bonds shall be issued for each separate project;
3-6 (f) To fix, revise, and adjust from time to time tolls
3-7 for transit over each separate Turnpike Project;
3-8 (g) To acquire, hold, and dispose of real and personal
3-9 property in the exercise of its powers and the performance of its
3-10 duties under this Act;
3-11 (h) To acquire in the name of the Authority by
3-12 purchase or otherwise, on such terms and conditions and in such
3-13 manner as it may deem proper, or by the exercise of the right of
3-14 condemnation in the manner hereinafter provided, such public or
3-15 private lands, including public parks, playgrounds or reservations,
3-16 or parts thereof or rights therein, right-of-ways, property rights,
3-17 easements and interests, as it may deem necessary for carrying out
3-18 the provisions of this Act; provided, however, that except for
3-19 parks and playgrounds and except for any property which may have
3-20 been theretofore acquired under restrictions and limitations
3-21 requiring payment of compensation, no compensation shall be paid
3-22 for public lands, parkways or reservations so taken; and that all
3-23 public property damaged in carrying out the powers granted by this
3-24 Act, shall be restored or repaired and placed in its original
3-25 condition as nearly as practicable; provided further, that the
4-1 governing body having charge of any such public property is hereby
4-2 authorized to give its consent to the use of any such property for
4-3 a Turnpike Project; provided, further, that all property or
4-4 interest so acquired shall be described in such a manner so as to
4-5 locate the boundary line of same with reference to lot and block
4-6 lines and corners of all existing and recorded subdivision
4-7 properties and to locate the boundary line of other property with
4-8 reference to survey lines and corners;
4-9 (i) To designate the location, and establish, limit
4-10 and control such points of ingress to and egress from, each
4-11 Turnpike Project as may be necessary or desirable in the judgment
4-12 of the Authority and the Texas <State> Department of <Highways and
4-13 Public> Transportation to insure the proper operation and
4-14 maintenance of such Project, and to prohibit entrance to such
4-15 Project from any point or points not so designated; in all cases
4-16 where county or other public roads are affected or severed, the
4-17 Authority is hereby empowered and required to move and replace the
4-18 same, with equal or better facilities; and all expenses and
4-19 resulting damages, if any, shall be paid by the Authority;
4-20 (j) To make and enter into contracts and operating
4-21 agreements with similar authorities or agencies of other states,
4-22 including states in Mexico; to make and enter into all contracts
4-23 and agreements necessary or incidental to the performance of its
4-24 duties and the execution of its powers under this Act; and to
4-25 employ consulting engineers, attorneys, accountants, construction
5-1 and financial experts, superintendents, managers and such other
5-2 employees and agents as may be necessary in its judgments, and to
5-3 fix their compensation; provided, that all such expenses shall be
5-4 payable solely from the proceeds of turnpike revenue bonds issued
5-5 under the provisions of this Act or from revenues; and provided
5-6 further that no compensation for employees of Authority shall
5-7 exceed the salary schedule of the Texas <State> Department of
5-8 <Highways and Public> Transportation for comparable positions and
5-9 services;
5-10 (k) To receive and accept grants for or in aid of the
5-11 construction of any Turnpike Project, and to receive and accept aid
5-12 or contributions from any source, of either money, property, labor
5-13 or other things of value, to be held, used and applied only for the
5-14 purposes for which such grants and contributions may be made;
5-15 (l) To make and enforce rules and regulations not
5-16 inconsistent with the provision of this Act for use of any such
5-17 Project;
5-18 (m) All contracts of the Authority for the
5-19 construction, improvement, repair, or maintenance of any turnpike
5-20 project shall, in so far as applicable, be made and awarded under
5-21 the same conditions, terms, requirements, and provisions as are now
5-22 provided for with respect to contracts of the Texas <State>
5-23 Department of <Highways and Public> Transportation in Sections 8
5-24 and 9 of Chapter 186, pages 457, 458, Acts, Thirty-ninth
5-25 Legislature, 1925 and Sections 10 and 13 of Chapter 186, page 458,
6-1 Acts, Thirty-ninth Legislature, 1925, codified as Articles 6674h,
6-2 6674i, 6674j, and 6674m, Vernon's Civil Statutes, and in the making
6-3 and awarding of such contracts the Authority shall, in so far as
6-4 applicable, be under the same duties and responsibilities with
6-5 respect thereto as are now imposed upon the Texas <State>
6-6 Department of <Highways and Public> Transportation by the terms and
6-7 provisions of the Statutes herein enumerated; it is hereby declared
6-8 to be the intention of the Legislature that the provision of this
6-9 paragraph shall be mandatory;
6-10 (n) To do all acts and things necessary or appropriate
6-11 to carry out the powers expressly granted in this Act;
6-12 (o) To develop and implement policies that provide the
6-13 public with a reasonable opportunity to appear before the Board to
6-14 speak on any issue under the jurisdiction of the Authority; and
6-15 (p) To prepare and maintain a written plan that
6-16 describes how a person who does not speak English or who has a
6-17 physical, mental, or developmental disability may be provided
6-18 reasonable access to the Authority's programs.
6-19 (q) The Texas Department of Transportation may provide
6-20 for the expenditure of money for the cost of a Turnpike Project.
6-21 If money from the state highway fund is spent under this
6-22 subsection, the fund shall be repaid from tolls or other turnpike
6-23 revenue.
6-24 (r) The Board may hold an open or closed meeting by
6-25 telephone conference call. The telephone conference call meeting
7-1 is subject to the notice requirements applicable to other meetings
7-2 of the Board. The notice of the telephone conference call meeting
7-3 must specify as the location of the meeting the conference room of
7-4 the authority. Each part of the telephone conference call meeting
7-5 that is required to be open to the public shall be audible to the
7-6 public at the location specified in the notice and shall be
7-7 tape-recorded or documented by written minutes. On conclusion of
7-8 the meeting, the tape recording or the written minutes of the
7-9 meeting shall be made available to the public.
7-10 SECTION 1.03. Subsections (b) and (e), Section 9, Chapter
7-11 410, Acts of the 53rd Legislature, Regular Session, 1953 (Article
7-12 6674v, Vernon's Texas Civil Statutes), are amended to read as
7-13 follows:
7-14 (b) The principal of, <and the> interest on, and any
7-15 redemption premium on such bonds shall be payable solely from the
7-16 funds herein or otherwise provided by law for such payment and from
7-17 the revenues of the particular project for which such bonds were
7-18 issued. The bonds of each issue shall be dated, shall bear
7-19 interest at such rate or rates authorized by law, shall mature at
7-20 such time or times, not exceeding forty (40) years from their date
7-21 or dates, as may be determined by the Authority, and may be made
7-22 redeemable before maturity, at such price or prices and under such
7-23 terms and conditions as may be fixed by the Authority in the
7-24 proceeding authorizing the issuance of the bonds.
7-25 (e) The proceeds of the bonds of each issue shall be used
8-1 solely for the payment of the cost of the Turnpike Project for
8-2 which such bonds shall have been issued, and shall be disbursed in
8-3 such manner and under such restrictions, if any, as the Authority
8-4 may provide in the resolution authorizing the issuance of such
8-5 bonds or in the trust agreement hereinafter mentioned securing the
8-6 same. If the proceeds of the bonds of any issue, by error of
8-7 estimates or otherwise, shall be less than such cost, additional
8-8 bonds may in like manner be issued to provide the amount of such
8-9 deficit, and, unless otherwise provided in the resolution
8-10 authorizing the issuance of such bonds or in the trust agreement
8-11 securing the same, shall be deemed to be on a parity with <of the
8-12 same issue> and shall be entitled to payment from the same fund
8-13 without preference or priority of the bonds first issued. If the
8-14 proceeds of the bonds of any issue shall exceed the cost of the
8-15 Turnpike Project for which the same shall have been issued, the
8-16 surplus shall be deposited to the credit of the sinking fund for
8-17 such bonds.
8-18 SECTION 1.04. Section 10, Chapter 410, Acts of the 53rd
8-19 Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
8-20 Civil Statutes), is amended to read as follows:
8-21 Sec. 10. Turnpike Revenue Refunding Bonds. The Authority is
8-22 hereby authorized to provide by resolution for the issuance of
8-23 turnpike revenue refunding bonds of the Authority for the purpose
8-24 of refunding any bonds then outstanding, issued on account of a
8-25 Project, which shall have been issued under the provisions of this
9-1 Act, including the payment of any redemption premium thereon and
9-2 any interest accrued or to accrue to the date of redemption of such
9-3 bonds, and, if deemed advisable by the Authority, for the
9-4 additional purpose of constructing improvements, extensions or
9-5 enlargements to the Turnpike Project in connection with which the
9-6 bonds to be refunded shall have been issued. The issuance of such
9-7 bonds, the maturities and other details thereof, the rights of the
9-8 holders thereof, and the rights, duties and obligations of the
9-9 Authority in respect of the same, shall be governed by the
9-10 provisions of this Act in so far as the same may be applicable.
9-11 Within the discretion of the Authority the refunding bonds may be
9-12 issued in exchange for outstanding bonds or may be sold and the
9-13 proceeds used for the purpose of paying or providing for the
9-14 payment of the <redeeming> outstanding bonds.
9-15 SECTION 1.05. Subsection (c), Section 11, Chapter 410, Acts
9-16 of the 53rd Legislature, Regular Session, 1953 (Article 6674v,
9-17 Vernon's Texas Civil Statutes), is amended to read as follows:
9-18 (c) No trust agreement shall evidence a pledge of the
9-19 revenues of any Project to any other purpose than (i) for the
9-20 payment of the cost of maintaining, repairing and operating the
9-21 Turnpike Project; (ii) for the payment of the principal of, <and>
9-22 interest on, and any redemption premium on such bonds as the same
9-23 shall become due and payable; (iii) to create and maintain reserves
9-24 for such purposes, as prescribed in Section 12 hereof and (iv) as
9-25 otherwise provided by law. However, surplus revenues may be used
10-1 for another Turnpike Project as authorized by Section 20b of this
10-2 Act.
10-3 SECTION 1.06. Subsection (a), Section 12, Chapter 410, Acts
10-4 of the 53rd Legislature, Regular Session, 1953 (Article 6674v,
10-5 Vernon's Texas Civil Statutes), is amended to read as follows:
10-6 (a) The Authority is hereby authorized to fix, revise,
10-7 charge and collect tolls for the use of each Turnpike Project and
10-8 the different parts or sections thereof, and to contract with any
10-9 person, partnership, association or corporation desiring the use of
10-10 any part thereof, or may lease or sell any part thereof, including
10-11 the right-of-way adjoining the paved portion, for placing thereon
10-12 gas stations, garages, stores, hotels, restaurants, or for any
10-13 other purpose including for tracks for railroad or railway use or
10-14 for use by telephone, telecommunication <telegraph>, electric light
10-15 or power lines and to fix the terms, conditions, rents and rates of
10-16 charges for such use or the terms and conditions of such lease or
10-17 sale.
10-18 SECTION 1.07. Subsection (d), Section 12e, Chapter 410, Acts
10-19 of the 53rd Legislature, Regular Session, 1953 (Article 6674v,
10-20 Vernon's Texas Civil Statutes), is amended to read as follows:
10-21 (d) The Authority may use the revolving fund to:
10-22 (1) finance the construction, maintenance, or
10-23 operation of Turnpike Projects authorized by this Act;
10-24 (2) provide matching amounts necessary for federal
10-25 grants or other types of participatory funding;
11-1 (3) provide credit enhancement for bonds issued to
11-2 construct, expand, or improve Turnpike Projects;
11-3 (4) provide security for, or payment of, future or
11-4 existing debt for construction, operation, or maintenance of
11-5 Turnpike Projects;
11-6 (5) borrow money and issue promissory notes or other
11-7 indebtedness payable out of the revolving fund for any purpose
11-8 authorized by this Act; and
11-9 (6) provide for any other reasonable purpose that
11-10 assists in the financings <financing> of the Authority as
11-11 authorized by this Act.
11-12 SECTION 1.08. The heading to Section 20a, Chapter 410, Acts
11-13 of the 53rd Legislature, Regular Session, 1953 (Article 6674v,
11-14 Vernon's Texas Civil Statutes), is amended to read as follows:
11-15 Sec. 20a. <PRIVATE> PARTICIPATION IN PROJECTS.
11-16 SECTION 1.09. Section 20a, Chapter 410, Acts of the 53rd
11-17 Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
11-18 Civil Statutes), is amended by amending Subsections (a), (b), and
11-19 (g) and by adding Subsection (h) to read as follows:
11-20 (a) The Authority may enter into agreements with public and
11-21 private entities, including toll road corporations, to permit them,
11-22 independently or jointly with the Authority, to construct, to
11-23 maintain, to repair, and to operate turnpike projects;<,> and the
11-24 Authority may authorize the investment of public and private funds,
11-25 including debt and equity participation, as a means for financing
12-1 all or any of the above functions.
12-2 (b) In the construction, maintenance, repair, and operation
12-3 of any new turnpike project and the extension and expansion of any
12-4 existing turnpike project by invested private funding, or by both
12-5 public and private source funding, the Authority may utilize
12-6 exclusive development agreements with private entities in which the
12-7 Authority shall have broad latitude to negotiate the terms and
12-8 conditions for the methods and types of financing and in which it
12-9 may combine and negotiate any or all professional and consulting
12-10 services, construction, operation, and maintenance of such turnpike
12-11 projects.
12-12 (g) The Authority also may enter agreements with other
12-13 governmental agencies and entities, including, but not limited to,
12-14 Federal agencies, State agencies of this and other states, the
12-15 United Mexican States and states of the United Mexican States
12-16 <including states in Mexico>, political subdivisions, and
12-17 municipalities, independently or jointly with private entities to
12-18 provide services, to study feasibility of projects, to finance, to
12-19 construct, to operate, and to maintain turnpike projects pursuant
12-20 to the other terms hereof.
12-21 (h) The Authority may participate in and designate board
12-22 members to serve as representatives on boards, commissions, or
12-23 public bodies, the purposes of which are to promote the development
12-24 of joint toll facilities in this state, between this and other
12-25 states of the United States, or between this state and the United
13-1 Mexican States or states of the United Mexican States. A fee or
13-2 expense associated with Authority participation under this
13-3 subsection may be reimbursed from money in the Texas Turnpike
13-4 Authority feasibility study fund.
13-5 SECTION 1.10. Section 21, Chapter 410, Acts of the 53rd
13-6 Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
13-7 Civil Statutes), is amended to read as follows:
13-8 Sec. 21. MISCELLANEOUS. (a) Each Turnpike Project when
13-9 constructed and opened to traffic shall be maintained and kept in
13-10 good condition and repair by the Authority. Each such project
13-11 shall also be policed and operated by such force of police,
13-12 toll-takers, and other operating employees as the Authority may in
13-13 its discretion employ. Within its discretion the Authority may
13-14 make arrangements with the Department of Public Safety for the
13-15 services of police officers of that Agency.
13-16 (b) All private property damaged or destroyed in carrying
13-17 out the powers granted by this Act shall be restored or repaired
13-18 and placed in its original condition as nearly as practicable or
13-19 adequate compensation made therefor out of funds provided under the
13-20 authority of this Act.
13-21 (c) All counties, cities, villages, and other political
13-22 subdivisions and all public agencies and commissions of the State
13-23 of Texas, notwithstanding any contrary provision of law, are hereby
13-24 authorized and empowered to lease, lend, grant, or convey to the
13-25 Authority at its request, upon such terms and conditions as the
14-1 proper authorities of such counties, cities, villages, other
14-2 political subdivisions, or public agencies and commissions of the
14-3 State may deem reasonable and fair and without the necessity for
14-4 any advertisement, order of court, or other action or formality,
14-5 other than the regular and formal action of the authorities
14-6 concerned, any real property which may be necessary or appropriate
14-7 to the effectuation of the authorized purposes of the Authority,
14-8 including highways and other real property already devoted to
14-9 public use.
14-10 (d) An action by the Authority may be evidenced in any legal
14-11 manner, including a resolution adopted by its Board of Directors.
14-12 (e) Any member, agent, or employee of the Authority who
14-13 contracts with the Authority or is interested, either directly or
14-14 indirectly, in any contract with the Authority or in the sale of
14-15 any property, either real or personal, to the Authority, shall be
14-16 punished by a fine of not more than One Thousand Dollars ($1,000).
14-17 (f) Any motor vehicle which is not a police or emergency
14-18 vehicle, driven or towed through a toll collection facility, shall
14-19 pay the proper toll <person who uses any turnpike project and fails
14-20 or refuses to pay the toll provided therefor, shall be punished by
14-21 a fine of not more than One Hundred Dollars ($100) and in addition
14-22 thereto the Authority shall have a lien upon the vehicle driven by
14-23 such person for the amount of such toll and may take and retain
14-24 possession thereof, until the amount of such toll and all charges
14-25 in connection therewith shall have been paid>.
15-1 (g) In the event of nonpayment of the proper toll, on
15-2 issuance of a proper notice of nonpayment, the registered owner of
15-3 the nonpaying vehicle shall be legally bound to pay both the proper
15-4 toll and an administrative fee. The Authority is hereby authorized
15-5 to fix, revise, charge, and collect the administrative fee, so as
15-6 to recover the cost of collecting the unpaid toll, not to exceed
15-7 one hundred dollars ($100). The notice of nonpayment to the
15-8 registered owner shall be sent by first class mail not later than
15-9 30 days after the alleged failure to pay and shall require payment
15-10 not sooner than 30 days from the date the notice was mailed. The
15-11 registered owner shall pay a separate toll and administrative fee
15-12 for each event of nonpayment.
15-13 (h) If the registered owner of the vehicle fails to pay the
15-14 proper toll and administrative fee within the time specified by the
15-15 notice of nonpayment issued pursuant to Subsection (g) of this
15-16 section, the registered owner shall be cited as for other traffic
15-17 violations for the nonpayment, and the owner shall be legally bound
15-18 to pay a fine, not to exceed two hundred fifty dollars ($250), for
15-19 each event of nonpayment. Neither the legal obligation to pay nor
15-20 the actual payment of the fine shall affect the legal duty of the
15-21 owner for any other fine or penalty prescribed by law. In the
15-22 prosecution of a violation under this subsection, proof, as
15-23 evidenced by video or other recording, that the vehicle passed
15-24 through a toll collection facility without payment of the proper
15-25 toll, together with proof that the defendant was the registered
16-1 owner of the vehicle when the failure to pay occurred, establishes
16-2 the nonpayment of the registered owner. The court of the local
16-3 jurisdiction in which the violation occurred is authorized to
16-4 assess and to collect the fine, in addition to any court costs,
16-5 provided that the court must also collect the proper toll and
16-6 administrative fee and forward the toll and fee to the Authority.
16-7 (i) It is a defense to nonpayment under Subsections (f)
16-8 through (h) and (j) of this section that the motor vehicle in
16-9 question was stolen before the failure to pay the proper toll
16-10 occurred and was not recovered by the time of the failure to pay,
16-11 provided the theft was reported to the appropriate law enforcement
16-12 authority before the earlier of (1) the occurrence of the failure
16-13 to pay; or (2) eight hours after the discovery of the theft.
16-14 (j) A registered owner who is a lessor of a vehicle
16-15 concerning which a notice of nonpayment was issued pursuant to
16-16 Subsection (g) of this section shall not be legally bound in
16-17 connection with that notice of nonpayment provided that, not later
16-18 than 30 days from the date the notice of nonpayment is mailed, the
16-19 registered owner provides to the Authority a copy of the rental,
16-20 lease, or other contract document covering the vehicle on the date
16-21 of the nonpayment, with the name and address of the lessee clearly
16-22 legible. Failure to provide such information within the time
16-23 period prescribed shall render the lessor legally bound as the
16-24 registered owner. If the lessor provides the required information
16-25 within the time period prescribed, the lessee of the vehicle on the
17-1 date of the violation shall be deemed to be the owner of the
17-2 vehicle for purposes of this section and shall be subject to
17-3 prosecution for failure to pay the proper toll as if the lessee
17-4 were the registered owner, provided that the Authority sends a
17-5 notice of nonpayment to the lessee by first class mail within 30
17-6 days after the date of receipt of the required information from the
17-7 lessor.
17-8 (k) For purposes of this section, a "transponder" means a
17-9 device, placed on or within an automobile, that is capable of
17-10 transmitting information used to assess or to collect tolls. A
17-11 transponder is "insufficiently funded" when there are no remaining
17-12 funds in the account in connection with which the transponder was
17-13 issued. Any law enforcement officer of the Department of Public
17-14 Safety of the State of Texas has the authority to seize a stolen or
17-15 insufficiently funded transponder and to return it to the
17-16 Authority, provided that an insufficiently funded transponder shall
17-17 not be seized sooner than 30 days after the date the Authority has
17-18 sent a notice of delinquency to the holder of the account.
17-19 (l) The Authority shall cause an audit of its books and
17-20 accounts to be made at least once in each year by certified public
17-21 accountants and the cost thereof may be treated as a part of the
17-22 cost of construction or of operation of the Turnpike Project.
17-23 SECTION 1.11. Section 27, Chapter 410, Acts of the 53rd
17-24 Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
17-25 Civil Statutes), is amended to read as follows:
18-1 Sec. 27. Project Pooling Within the Same County.
18-2 Notwithstanding any conflicting provisions in this Act and
18-3 superseding the same where in conflict with this section, the
18-4 authority is hereby authorized and empowered, but only as to
18-5 projects located wholly or partly in a planning region of a council
18-6 of governments created under Chapter 391, Local Government Code,
18-7 <within the same county> and subject to all the provisions of this
18-8 section:
18-9 (a) To determine after a public hearing, subject to
18-10 prior approval by the Texas <State Highway and Public>
18-11 Transportation Commission and a resolution approving the same duly
18-12 passed by the county commissioners court of the county where the
18-13 projects are located, that any two or more projects now or
18-14 hereafter constructed or determined to be constructed by the
18-15 authority in the same county shall be pooled and designated as a
18-16 "pooled project." Any existing project or projects may be pooled
18-17 in whole or in part with any new project or projects or parts
18-18 thereof. Upon designation such "pooled project" shall become a
18-19 "project" or "turnpike project" as defined in Section 4(c) of this
18-20 Act and as used in other sections of this Act. No project may be
18-21 pooled more than once. Consistent with the trust indenture
18-22 regarding securing bonds of that project, the resolution of the
18-23 county commissioners court shall set a date certain when each of
18-24 the projects being authorized to be pooled shall become toll free.
18-25 (b) Subject to the terms of this Act and subject to
19-1 the terms of any trust agreement securing the payment of any
19-2 turnpike revenue bonds, the authority is authorized to provide by
19-3 resolution from time to time for the issuance of turnpike revenue
19-4 bonds of the authority for the purpose of paying all or any part of
19-5 the cost of any pooled project or the cost of any part of such
19-6 pooled project and to pledge revenues of such pooled project or any
19-7 part thereof.
19-8 (c) Subject to the terms of any trust agreement
19-9 securing the payment of any turnpike revenue bonds, the authority
19-10 is authorized to issue by resolution turnpike revenue refunding
19-11 bonds of the authority for the purpose of refunding any bonds then
19-12 outstanding, issued on account of any pooled project or any part of
19-13 any pooled project issued under the provisions of this Act,
19-14 including the payment of any redemption premium thereon and any
19-15 interest accrued or to accrue to the date of redemption of such
19-16 bonds and, if deemed advisable by the authority, for the additional
19-17 purpose of constructing improvements, extensions, and enlargements
19-18 to the pooled project or to any part of any pooled project in
19-19 connection with which or in connection with any part of which bonds
19-20 to be refunded shall have been issued. Revenues of all or any part
19-21 of such pooled project may be pledged to the payment of such
19-22 refunding and improvement bonds. Such improvements, extensions, or
19-23 enlargements are not restricted to and need not be constructed on
19-24 any particular part of a pooled project in connection with which
19-25 bonds to be refunded may have been issued but may be constructed in
20-1 whole or in part on other parts of the pooled project not covered
20-2 by the bonds to be refunded. The issuance of such bonds, the
20-3 maturities and other details thereof, the rights of the holders
20-4 thereof, and the rights, duties, and obligations of the authority
20-5 in respect of the same shall be governed by the provisions of this
20-6 Act insofar as the same may be applicable. Within the discretion
20-7 of the authority, the refunding bonds may be issued in exchange for
20-8 outstanding bonds or may be sold and the proceeds used for the
20-9 purpose of redeeming outstanding bonds.
20-10 Whether bonds be refunded or not, the authority may, subject
20-11 to the terms of any trust agreement securing the payment of any
20-12 turnpike revenue bonds, issue from time to time by resolution,
20-13 bonds, of parity or otherwise, for the purpose of paying the cost
20-14 of all or any part of any pooled project or for the purpose of
20-15 constructing improvements, extensions, or enlargements to all or
20-16 any part of any pooled project and to pledge revenues of all or any
20-17 part of such pooled project to the payment thereof.
20-18 ARTICLE 2
20-19 SECTION 2.01. Subsection (c), Section 361.031,
20-20 Transportation Code, is amended to read as follows:
20-21 (c) The exercise by the authority of the powers conferred by
20-22 this chapter in the construction, operation, and maintenance of a
20-23 turnpike project is:
20-24 (1) in all respects for the benefit of the people of
20-25 this state, for the increase of their commerce and prosperity, and
21-1 for the improvement of their health and living conditions; and
21-2 (2) an essential governmental function of the state.
21-3 SECTION 2.02. Section 361.032, Transportation Code, is
21-4 amended by adding Subsections (h) and (i) to read as follows:
21-5 (h) A majority of the board is a quorum, and the vote of a
21-6 majority shall be necessary for any action taken by the board.
21-7 (i) A vacancy in the membership of the board does not impair
21-8 the right of a quorum to exercise a right or perform a duty of the
21-9 board.
21-10 SECTION 2.03. Subchapter B, Chapter 361, Transportation
21-11 Code, is amended by adding Section 361.0485 to read as follows:
21-12 Sec. 361.0485. BOARD MEETING BY TELEPHONE CONFERENCE CALL.
21-13 (a) The board may hold an open or closed meeting by telephone
21-14 conference call.
21-15 (b) The telephone conference call meeting is subject to the
21-16 notice requirements applicable to other meetings of the board.
21-17 (c) The notice of the telephone conference call meeting must
21-18 specify as the location of the meeting the conference room of the
21-19 authority.
21-20 (d) Each part of the telephone conference call meeting that
21-21 is required to be open to the public shall be audible to the public
21-22 at the location specified in the notice and shall be tape-recorded
21-23 or documented by written minutes. On conclusion of the meeting,
21-24 the tape recording or the written minutes of the meeting shall be
21-25 made available to the public.
22-1 SECTION 2.04. Section 361.101, Transportation Code, is
22-2 amended to read as follows:
22-3 Sec. 361.101. DETERMINATION OF TURNPIKE PROJECTS. The
22-4 authority may:
22-5 (1) construct, maintain, repair, and operate a
22-6 turnpike project to:
22-7 (A) facilitate vehicular traffic throughout this
22-8 state;
22-9 (B) promote the agricultural and industrial
22-10 development of this state;
22-11 (C) effect traffic safety; or
22-12 (D) improve connections between highways of this
22-13 state, <and of> adjoining states, and the United Mexican States;
22-14 and
22-15 (2) at any time determine to undertake a turnpike
22-16 project, except that the commission must approve the location of
22-17 the project before final designation.
22-18 SECTION 2.05. Subsection (e), Section 361.171,
22-19 Transportation Code, is amended to read as follows:
22-20 (e) If the proceeds of a bond issue are less than the
22-21 turnpike project cost, additional bonds may in like manner be
22-22 issued to provide the amount of the deficit. Unless otherwise
22-23 provided in the resolution authorizing the issuance of the bonds or
22-24 in the trust agreement securing the bonds, the additional bonds are
22-25 on a parity with <of the same issue> and are payable from the same
23-1 fund without preference or priority of the bonds first issued.
23-2 SECTION 2.06. Subsection (a), Section 361.173,
23-3 Transportation Code, is amended to read as follows:
23-4 (a) The principal of, <and> interest on, and any redemption
23-5 premium on bonds issued by the authority are payable solely from:
23-6 (1) the money authorized for their payment under this
23-7 chapter or other law; and
23-8 (2) the revenue of the turnpike project for which the
23-9 bonds were issued, including tolls pledged to pay the bonds.
23-10 SECTION 2.07. Subsection (c), Section 361.175,
23-11 Transportation Code, is amended to read as follows:
23-12 (c) The authority may:
23-13 (1) issue refunding bonds in exchange for outstanding
23-14 bonds; or
23-15 (2) sell refunding bonds and use the proceeds to pay
23-16 or provide for the payment of the <redeem> outstanding bonds.
23-17 SECTION 2.08. Subsection (c), Section 361.176,
23-18 Transportation Code, is amended to read as follows:
23-19 (c) A trust agreement may not evidence a pledge of the
23-20 revenue of a turnpike project except:
23-21 (1) to pay the cost of maintaining, repairing, and
23-22 operating the project;
23-23 (2) to pay the principal of, <and> interest on, and
23-24 any redemption premium on the bonds as they become due and payable;
23-25 (3) to create and maintain reserves for the purposes
24-1 described by Subdivisions (1) and (2), as prescribed by Section
24-2 361.179; and
24-3 (4) as otherwise provided by law.
24-4 SECTION 2.09. Subsection (a), Section 361.179,
24-5 Transportation Code, is amended to read as follows:
24-6 (a) The authority may:
24-7 (1) impose tolls for the use of each turnpike project
24-8 and the different parts or sections of each turnpike project; and
24-9 (2) contract with a person for the use of part of a
24-10 turnpike project or lease or sell part of a turnpike project,
24-11 including the right-of-way adjoining the paved portion, for any
24-12 purpose, including placing on the adjoining right-of-way a gas
24-13 station, garage, store, hotel, restaurant, railroad tracks,
24-14 telephone line, telecommunication <telegraph> line, and electric
24-15 line, and set the terms for the use, lease, or sale.
24-16 SECTION 2.10. Section 361.180, Transportation Code, is
24-17 amended to read as follows:
24-18 Sec. 361.180. PROHIBITION ON TOLLS ON EXISTING FREE
24-19 HIGHWAYS. The authority may <not> impose a toll for transit over
24-20 an existing free public highway only if such highway is transferred
24-21 to the authority by the commission under Section 362.0041.
24-22 SECTION 2.11. Subsection (c), Section 361.184,
24-23 Transportation Code, is amended to read as follows:
24-24 (c) The authority may use money in the project revolving
24-25 fund to:
25-1 (1) finance the construction, maintenance, or
25-2 operation of a turnpike project;
25-3 (2) provide matching money necessary for a federal
25-4 grant or other type of participatory funding;
25-5 (3) provide credit enhancement for bonds issued to
25-6 construct, expand, or improve a turnpike project;
25-7 (4) provide security for or payment of future or
25-8 existing debt for construction, operation, or maintenance of a
25-9 turnpike project;
25-10 (5) borrow money and issue promissory notes or other
25-11 indebtedness payable out of the fund for any purpose authorized by
25-12 this chapter; and
25-13 (6) provide for any other reasonable purpose that
25-14 assists in the financings <financing> of the authority as
25-15 authorized by this chapter.
25-16 SECTION 2.12. The heading to Section 361.187, Transportation
25-17 Code, is amended to read as follows:
25-18 Sec. 361.187. EXEMPTION FROM TAXATION OR ASSESSMENT.
25-19 SECTION 2.13. Subsection (a), Section 361.187,
25-20 Transportation Code, is amended to read as follows:
25-21 (a) The authority is exempt from taxation of or assessments
25-22 on:
25-23 (1) a turnpike project;
25-24 (2) property the authority acquires or uses under this
25-25 chapter; or
26-1 (3) income from property described by Subdivision (1)
26-2 or (2).
26-3 SECTION 2.14. Subchapter E, Chapter 361, Transportation
26-4 Code, is amended by adding Section 361.191 to read as follows:
26-5 Sec. 361.191. EXPENDITURE OF MONEY AUTHORIZED BY DEPARTMENT
26-6 OF TRANSPORTATION. (a) The Texas Department of Transportation may
26-7 provide for the expenditure of money for the cost of a turnpike
26-8 project.
26-9 (b) If money from the state highway fund is spent under this
26-10 section, the fund shall be repaid from tolls or other turnpike
26-11 revenue.
26-12 SECTION 2.15. Subchapter G, Chapter 361, Transportation
26-13 Code, is amended by amending Section 361.252 and adding Sections
26-14 361.253, 361.254, and 361.255 to read as follows:
26-15 Sec. 361.252. FAILURE OR REFUSAL TO PAY TOLL. Any motor
26-16 vehicle that is not a police or emergency vehicle, driven or towed
26-17 through a toll collection facility, shall pay the proper toll.
26-18 <(a) A person who uses a turnpike project and fails or refuses to
26-19 pay a toll provided for using the project is liable for a fine not
26-20 to exceed $100.>
26-21 <(b) The authority has a lien on the vehicle driven by the
26-22 person for the amount of the toll and may take and retain the
26-23 vehicle until the toll and related charges have been paid.>
26-24 Sec. 361.253. ADMINISTRATIVE FEE; NOTICE. (a) In the event
26-25 of nonpayment of the proper toll, on issuance of a proper notice of
27-1 nonpayment, the registered owner of the nonpaying vehicle is
27-2 legally bound to pay both the proper toll and an administrative
27-3 fee.
27-4 (b) The authority may fix, revise, charge, and collect the
27-5 administrative fee, so as to recover the cost of collecting the
27-6 unpaid toll, not to exceed $100. The notice of nonpayment to the
27-7 registered owner shall be sent by first class mail not later than
27-8 30 days after the date of the alleged failure to pay and may
27-9 require payment not sooner than 30 days from the date the notice
27-10 was mailed. The registered owner shall pay a separate toll and
27-11 administrative fee for each event of nonpayment.
27-12 (c) If the registered owner of the vehicle fails to pay the
27-13 proper toll and administrative fee within the time specified by the
27-14 notice of nonpayment issued under this section, the registered
27-15 owner shall be cited as for other traffic violations for the
27-16 nonpayment, and the owner is legally bound to pay a fine, not to
27-17 exceed $250, for each event of nonpayment. Neither the legal
27-18 obligation to pay nor the actual payment of the fine shall affect
27-19 the legal duty of the owner for any other fine or penalty
27-20 prescribed by law.
27-21 Sec. 361.254. PROSECUTIONS. (a) In the prosecution of a
27-22 violation under Section 361.252 or 361.253, proof that the vehicle
27-23 passed through a toll collection facility without payment of the
27-24 proper toll, together with proof that the defendant was the
27-25 registered owner of the vehicle when the failure to pay occurred,
28-1 establishes the nonpayment of the registered owner.
28-2 (b) The court of the local jurisdiction in which the
28-3 violation occurred may assess and collect the fine, in addition to
28-4 any court costs. The court shall also collect the proper toll and
28-5 administrative fee and forward the toll and fee to the authority.
28-6 (c) It is a defense to nonpayment under Section 361.252 or
28-7 361.253 that the motor vehicle in question was stolen before the
28-8 failure to pay the proper toll occurred and was not recovered by
28-9 the time of the failure to pay, but only if the theft was reported
28-10 to the appropriate law enforcement authority before the earlier of:
28-11 (1) the occurrence of the failure to pay; or
28-12 (2) eight hours after the discovery of the theft.
28-13 (d) A registered owner who is a lessor of a vehicle
28-14 concerning which a notice of nonpayment was issued under Section
28-15 361.253 is not liable in connection with that notice of nonpayment
28-16 if, not later than 30 days after the date the notice of nonpayment
28-17 is mailed, the registered owner provides to the authority a copy of
28-18 the rental, lease, or other contract document covering the vehicle
28-19 on the date of the nonpayment, with the name and address of the
28-20 lessee clearly legible. Failure to provide this information within
28-21 the period prescribed renders the lessor liable as the registered
28-22 owner. If the lessor provides the required information within the
28-23 period prescribed, the lessee of the vehicle on the date of the
28-24 violation is considered to be the owner of the vehicle for purposes
28-25 of this section and is subject to prosecution for failure to pay
29-1 the proper toll as if the lessee were the registered owner, if the
29-2 authority sends a notice of nonpayment to the lessee by first class
29-3 mail within 30 days after the date of receipt of the required
29-4 information from the lessor.
29-5 Sec. 361.255. USE AND RETURN OF TRANSPONDERS. (a) For
29-6 purposes of this section, a "transponder" means a device, placed on
29-7 or within an automobile, that is capable of transmitting
29-8 information used to assess or to collect tolls. A transponder is
29-9 "insufficiently funded" when there are no remaining funds in the
29-10 account in connection with which the transponder was issued.
29-11 (b) Any law enforcement officer of the Department of Public
29-12 Safety of the State of Texas has the authority to seize a stolen or
29-13 insufficiently funded transponder and to return it to the
29-14 authority, except that an insufficiently funded transponder may not
29-15 be seized sooner than 30 days after the date the authority has sent
29-16 a notice of delinquency to the holder of the account.
29-17 SECTION 2.16. The heading to Subchapter I, Chapter 361,
29-18 Transportation Code, is amended to read as follows:
29-19 SUBCHAPTER I. <PRIVATE> PARTICIPATION IN TURNPIKE PROJECTS
29-20 SECTION 2.17. Section 361.301, Transportation Code, is
29-21 amended to read as follows:
29-22 Sec. 361.301. AGREEMENTS WITH PUBLIC OR PRIVATE ENTITIES TO
29-23 CONSTRUCT, MAINTAIN, REPAIR, AND OPERATE TURNPIKE PROJECTS.
29-24 (a) The authority may enter into an agreement with a public or
29-25 private entity, including a toll road corporation, to permit the
30-1 entity, independently or jointly with the authority, to construct,
30-2 maintain, repair, and operate turnpike projects.
30-3 (b) The authority may authorize the investment of public and
30-4 private money, including debt and equity participation, to finance
30-5 a function described by this section.
30-6 SECTION 2.18. Section 361.302, Transportation Code, is
30-7 amended to read as follows:
30-8 Sec. 361.302. EXCLUSIVE DEVELOPMENT AGREEMENTS WITH PUBLIC
30-9 OR PRIVATE ENTITIES. The authority may use an exclusive
30-10 development agreement with a private entity to construct, maintain,
30-11 repair, operate, extend, or expand a turnpike project by invested
30-12 private funding or by public and private funding. The authority:
30-13 (1) has broad discretion to negotiate the terms of
30-14 financing; and
30-15 (2) may negotiate provisions relating to professional
30-16 and consulting services with regard to the turnpike project and to
30-17 the construction, maintenance, and operation of the project,
30-18 including provisions for combining those services.
30-19 SECTION 2.19. Section 361.307, Transportation Code, is
30-20 amended to read as follows:
30-21 Sec. 361.307. AGREEMENTS WITH PRIVATE ENTITIES AND OTHER
30-22 GOVERNMENTAL AGENCIES. The authority and a private entity jointly
30-23 may enter into an agreement with another governmental agency or
30-24 entity, including a federal agency, an agency of this or another
30-25 state, including the United Mexican States or a state of the United
31-1 Mexican States, or a political subdivision, to independently or
31-2 jointly provide services, to study the feasibility of a turnpike
31-3 project, or to finance, construct, operate, and maintain a turnpike
31-4 project.
31-5 SECTION 2.20. Subchapter I, Chapter 361, Transportation
31-6 Code, is amended by adding Section 361.308 to read as follows:
31-7 Sec. 361.308. PARTICIPATION ON CERTAIN OTHER BOARDS,
31-8 COMMISSIONS, OR PUBLIC BODIES. (a) The authority may participate
31-9 in and designate board members to serve as representatives on
31-10 boards, commissions, or public bodies, the purposes of which are to
31-11 promote the development of joint toll facilities in this state,
31-12 between this and other states of the United States, or between this
31-13 state and the United Mexican States or states of the United Mexican
31-14 States.
31-15 (b) A fee or expense associated with authority participation
31-16 under this section may be reimbursed from money in the Texas
31-17 Turnpike Authority feasibility study fund.
31-18 SECTION 2.21. Section 361.331, Transportation Code, is
31-19 amended by amending Subsection (a) and adding Subsection (e) to
31-20 read as follows:
31-21 (a) The authority may designate two or more turnpike
31-22 projects that are wholly or partly located in a planning region of
31-23 a council of governments <the same county> as a pooled turnpike
31-24 project after:
31-25 (1) conducting a public hearing;
32-1 (2) obtaining the approval of the commission; and
32-2 (3) obtaining a resolution adopted by the
32-3 commissioners court of the county that:
32-4 (A) approves the action; and
32-5 (B) specifies the date the pooled project
32-6 becomes toll free.
32-7 (e) In this section, "council of governments" means a
32-8 council of governments created under Chapter 391, Local Government
32-9 Code.
32-10 SECTION 2.22. Subdivisions (1) and (4), Section 362.001,
32-11 Transportation Code, are amended to read as follows:
32-12 (1) "Authority" means the Texas Turnpike Authority and
32-13 includes the entity that succeeds to the principal functions of the
32-14 authority or to whom by law the powers of the authority are given
32-15 <or its successor>.
32-16 (4) "Local governmental entity" means a political
32-17 subdivision of the state, including a municipality or a county, a
32-18 political subdivision of a county, a group of adjoining counties, a
32-19 defined district, or a nonprofit corporation, including a
32-20 transportation corporation created under Chapter 431.
32-21 SECTION 2.23. Section 362.003, Transportation Code, is
32-22 amended to read as follows:
32-23 Sec. 362.003. APPLICABILITY OF OTHER LAW; CONFLICTS.
32-24 (a) This chapter is cumulative of all laws affecting the issuance
32-25 of bonds by local governmental entities, particularly, but not by
33-1 way of limitation, provisions of Chapter 503, Acts of the 54th
33-2 Legislature, 1955 (Article 717k, Vernon's Texas Civil Statutes),
33-3 the Bond Procedures Act of 1981 (Article 717k-6, Vernon's Texas
33-4 Civil Statutes), and Chapter 656, Acts of the 68th Legislature,
33-5 Regular Session, 1983 (Article 717q, Vernon's Texas Civil
33-6 Statutes), are applicable to and apply to all bonds issued to this
33-7 chapter, regardless of any classification of any such local
33-8 governmental entities thereunder; provided, however, in the event
33-9 of any conflict between such laws and this chapter, the provisions
33-10 of this chapter prevail. <Bonds issued by a local governmental
33-11 entity under this subchapter are subject to all laws affecting the
33-12 issuance of bonds by a local governmental entity, including Chapter
33-13 656, Acts of the 68th Legislature, Regular Session, 1983 (Article
33-14 717q, Vernon's Texas Civil Statutes).>
33-15 (b) This chapter is cumulative of all laws affecting the
33-16 commission, the department, and the local governmental entities,
33-17 except that in the event any other law conflicts with this chapter,
33-18 the provisions of this chapter prevail. <Bonds issued by the
33-19 authority under this subchapter are subject to all laws affecting
33-20 the issuance of bonds by the authority.>
33-21 (c) This chapter is cumulative of all laws affecting the
33-22 authority, and the authority is authorized to enter into all
33-23 agreements necessary or convenient to effectuate the purposes of
33-24 this chapter. Particularly, but not by way of limitation, the
33-25 provisions of Chapter 410, Acts of the 53rd Legislature, Regular
34-1 Session, 1953 (Article 6674v, Vernon's Texas Civil Statutes),
34-2 Chapter 503, Acts of the 54th Legislature, 1955 (Article 717k,
34-3 Vernon's Texas Civil Statutes), the Bond Procedures Act of 1981
34-4 (Article 717k-6, Vernon's Texas Civil Statutes), and Chapter 656,
34-5 Acts of the 68th Legislature, Regular Session, 1983 (Article 717q,
34-6 Vernon's Texas Civil Statutes), are applicable to the bonds issued
34-7 by the authority under this chapter <subchapter prevails to the
34-8 extent of any conflict between this subchapter and another law
34-9 affecting the commission, the department, or a local governmental
34-10 entity>.
34-11 SECTION 2.24. Section 362.004, Transportation Code, is
34-12 amended by amending Subsection (c) and by adding Subsections (e)
34-13 and (f) to read as follows:
34-14 (c) An agreement under this section may:
34-15 (1) be payable from any money lawfully available to
34-16 the department;
34-17 (2) be subject to legislative appropriation if the
34-18 intended source of payment requires legislative appropriation;
34-19 (3) specify the length of time the turnpike project
34-20 will remain a toll facility;
34-21 (4) specify the use of the revenue from the project;
34-22 <and>
34-23 (5) provide for the use of revenue from any turnpike
34-24 project for a turnpike project that is an extension of the original
34-25 project or is part of an integrated system of turnpike projects; or
35-1 (6) provide for the expenditure of money from any
35-2 source for the cost of a turnpike project.
35-3 (e) If money from the state highway fund is spent under an
35-4 agreement under this section, the authority shall repay the fund
35-5 from tolls or other turnpike revenue.
35-6 (f) If the commission finds that the state highway system,
35-7 the state's transportation needs, and overall mobility of the
35-8 traveling public will be enhanced, the commission may enter into an
35-9 agreement with the authority providing for the advance of funds to
35-10 the authority to be used for any purpose of the revolving fund
35-11 established and administered by the authority under Section
35-12 361.184, provided that any money advanced out of the state highway
35-13 fund shall be repaid to the fund from tolls or other turnpike
35-14 revenue.
35-15 SECTION 2.25. Subchapter A, Chapter 362, Transportation
35-16 Code, is amended by adding Section 362.0041 to read as follows:
35-17 Sec. 362.0041. ACQUISITION OF PROJECTS. (a) If the
35-18 commission finds that the conversion of a segment of the free state
35-19 highway system to a toll facility is the most feasible and economic
35-20 means to accomplish necessary expansion improvements, or extensions
35-21 to the state highway system, that segment may, on approval of the
35-22 governor, be transferred by order of the commission to the
35-23 authority. The authority may receive such segment of highway,
35-24 thereafter to be owned, operated, and maintained as a turnpike
35-25 project under Chapter 361.
36-1 (b) The authority shall reimburse the commission for the
36-2 cost of the transferred highway, unless the commission finds that
36-3 the transfer will result in substantial net benefits to the state,
36-4 the department, and the traveling public that exceed that cost.
36-5 The cost shall include the total dollar amount expended by the
36-6 department for the original construction of the highway, including
36-7 all costs associated with the preliminary engineering and design
36-8 engineering for plans, specifications, and estimates, the
36-9 acquisition of necessary right-of-way, and actual construction of
36-10 the highway and all necessary appurtenant facilities.
36-11 (c) The commission shall, coincident with the transfer,
36-12 remove the segment of highway from the designated state highway
36-13 system and shall subsequently have no liability, responsibility, or
36-14 duty for the maintenance or operation of the highway.
36-15 (d) Prior to transferring a segment of the state highway
36-16 system under this section, the commission shall conduct a public
36-17 hearing for the purpose of receiving comments from interested
36-18 persons concerning the proposed transfer. Notice of the hearing
36-19 shall be published in the Texas Register, one or more newspapers of
36-20 general circulation, and a newspaper, if any, published in the
36-21 county or counties in which the involved highway is located.
36-22 (e) The commission shall adopt rules implementing this
36-23 section, such rules to include criteria and guidelines for the
36-24 approval of a transfer of a highway.
36-25 SECTION 2.26. Section 362.007, Transportation Code, is
37-1 amended to read as follows:
37-2 Sec. 362.007. AGREEMENTS BETWEEN AUTHORITY AND LOCAL
37-3 GOVERNMENTAL ENTITIES. (a) Under authority of Section 52, Article
37-4 III, Texas Constitution, a local governmental entity other than a
37-5 nonprofit corporation may, upon the required vote of the qualified
37-6 voters, in addition to all other debts, issue bonds or enter into
37-7 and make payments under agreements with the authority, not to
37-8 exceed 40 years in term, in any amount not to exceed one-fourth of
37-9 the assessed valuation of real property within the local
37-10 governmental entity, except that the total indebtedness of any
37-11 municipality shall never exceed the limits imposed by other
37-12 provisions of the constitution, and levy and collect taxes to pay
37-13 the interest thereon and provide a sinking fund for the redemption
37-14 thereof, for the purposes of construction, maintenance, and
37-15 operation of turnpike projects of the authority, or in aid thereof
37-16 <Subsection (b), Section 52, Article III, Texas Constitution, a
37-17 local governmental entity other than a nonprofit corporation may:>
37-18 <(1) agree with the authority to issue bonds and to
37-19 make payments to aid in the construction, maintenance, or operation
37-20 of a turnpike project of the authority; and>
37-21 <(2) impose taxes to pay the interest on bonds issued
37-22 under Subdivision (1)>.
37-23 (b) In addition to Subsection (a), a local governmental
37-24 entity may, within any applicable constitutional limitations, agree
37-25 with the authority to issue bonds or enter into and make payments
38-1 under an agreement to construct, maintain, or operate any portion
38-2 of a turnpike project of the authority.
38-3 (c) To make payments under an agreement under Subsection (b)
38-4 or pay the interest on bonds issued under Subsection (b) and to
38-5 provide a sinking fund for the bonds or the contract, a local
38-6 governmental entity may:
38-7 (1) pledge revenue from any available source,
38-8 including annual appropriations;
38-9 (2) levy and collect <impose> taxes; or <and>
38-10 (3) provide for a combination of Subdivisions (1) and
38-11 (2) <sinking fund>.
38-12 (d) The term of an agreement under this section may not
38-13 exceed 40 years.
38-14 (e) Any <An> election required to permit action under this
38-15 subchapter must be held in conformance with Chapter 1, Title 22,
38-16 Revised Statutes, or other law applicable to the local governmental
38-17 entity.
38-18 ARTICLE 3
38-19 SECTION 3.01. This Act takes effect September 1, 1995.
38-20 SECTION 3.02. (a) Article 1 of this Act takes effect only
38-21 if S.B. No. 971, 74th Legislature, Regular Session, 1995, does not
38-22 become law. If S.B. No. 971 becomes law, Article 1 of this Act has
38-23 no effect.
38-24 (b) Article 2 of this Act takes effect only if S.B. No. 971,
38-25 74th Legislature, Regular Session, 1995, becomes law. If S.B. No.
39-1 971, 74th Legislature, Regular Session, 1995, does not become law,
39-2 Article 2 of this Act has no effect.
39-3 SECTION 3.03. The importance of this legislation and the
39-4 crowded condition of the calendars in both houses create an
39-5 emergency and an imperative public necessity that the
39-6 constitutional rule requiring bills to be read on three several
39-7 days in each house be suspended, and this rule is hereby suspended.