74R12624 E
By Cain S.B. No. 1360
Substitute the following for S.B. No. 1360:
By Clemons C.S.S.B. No. 1360
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the operation and management of the Texas Turnpike
1-3 Authority; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1
1-6 SECTION 1.01. Section 1, Chapter 410, Acts of the 53rd
1-7 Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
1-8 Civil Statutes), is amended to read as follows:
1-9 Sec. 1. Construction, Maintenance and Operation Authorized.
1-10 To facilitate vehicular traffic throughout the State, to promote
1-11 the agricultural and industrial development of the State, to assist
1-12 in effecting traffic safety, to provide for the construction of
1-13 modern expressways, to provide better connections between highways
1-14 of the State of Texas and the highway system of adjoining states,
1-15 including states of the United States and the United Mexican
1-16 States, including cooperation between states, the Texas Turnpike
1-17 Authority, hereinafter created, is hereby authorized and empowered
1-18 to construct, maintain, repair and operate Turnpike Projects (as
1-19 hereinafter defined), and to issue turnpike bonds of the Texas
1-20 Turnpike Authority, payable solely from the revenues of such
1-21 projects.
1-22 SECTION 1.02. Section 5, Chapter 410, Acts of the 53rd
1-23 Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
1-24 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;
2-26 (e) To issue turnpike revenue bonds of the Authority
2-27 payable solely from revenues, including tolls pledged to such
3-1 bonds, except as otherwise authorized by this Act, for the purpose
3-2 of paying all or any part of the cost of a Turnpike Project;
3-3 turnpike bonds shall be issued for each separate project;
3-4 (f) To fix, revise, and adjust from time to time tolls
3-5 for transit over each separate Turnpike Project;
3-6 (g) To acquire, hold, and dispose of real and personal
3-7 property in the exercise of its powers and the performance of its
3-8 duties under this Act;
3-9 (h) To acquire in the name of the Authority by
3-10 purchase or otherwise, on such terms and conditions and in such
3-11 manner as it may deem proper, or by the exercise of the right of
3-12 condemnation in the manner hereinafter provided, such public or
3-13 private lands, including public parks, playgrounds or reservations,
3-14 or parts thereof or rights therein, right-of-ways, property rights,
3-15 easements and interests, as it may deem necessary for carrying out
3-16 the provisions of this Act; provided, however, that except for
3-17 parks and playgrounds and except for any property which may have
3-18 been theretofore acquired under restrictions and limitations
3-19 requiring payment of compensation, no compensation shall be paid
3-20 for public lands, parkways or reservations so taken; and that all
3-21 public property damaged in carrying out the powers granted by this
3-22 Act, shall be restored or repaired and placed in its original
3-23 condition as nearly as practicable; provided further, that the
3-24 governing body having charge of any such public property is hereby
3-25 authorized to give its consent to the use of any such property for
3-26 a Turnpike Project; provided, further, that all property or
3-27 interest so acquired shall be described in such a manner so as to
4-1 locate the boundary line of same with reference to lot and block
4-2 lines and corners of all existing and recorded subdivision
4-3 properties and to locate the boundary line of other property with
4-4 reference to survey lines and corners;
4-5 (i) To designate the location, and establish, limit
4-6 and control such points of ingress to and egress from, each
4-7 Turnpike Project as may be necessary or desirable in the judgment
4-8 of the Authority and the Texas <State> Department of <Highways and
4-9 Public> Transportation to insure the proper operation and
4-10 maintenance of such Project, and to prohibit entrance to such
4-11 Project from any point or points not so designated; in all cases
4-12 where county or other public roads are affected or severed, the
4-13 Authority is hereby empowered and required to move and replace the
4-14 same, with equal or better facilities; and all expenses and
4-15 resulting damages, if any, shall be paid by the Authority;
4-16 (j) To make and enter into contracts and operating
4-17 agreements with similar authorities or agencies of other states,
4-18 including states in Mexico; to make and enter into all contracts
4-19 and agreements necessary or incidental to the performance of its
4-20 duties and the execution of its powers under this Act; and to
4-21 employ consulting engineers, attorneys, accountants, construction
4-22 and financial experts, superintendents, managers and such other
4-23 employees and agents as may be necessary in its judgments, and to
4-24 fix their compensation; provided, that all such expenses shall be
4-25 payable solely from the proceeds of turnpike revenue bonds issued
4-26 under the provisions of this Act or from revenues; and provided
4-27 further that no compensation for employees of Authority shall
5-1 exceed the salary schedule of the Texas <State> Department of
5-2 <Highways and Public> Transportation for comparable positions and
5-3 services;
5-4 (k) To receive and accept grants for or in aid of the
5-5 construction of any Turnpike Project, and to receive and accept aid
5-6 or contributions from any source, of either money, property, labor
5-7 or other things of value, to be held, used and applied only for the
5-8 purposes for which such grants and contributions may be made;
5-9 (l) To make and enforce rules and regulations not
5-10 inconsistent with the provision of this Act for use of any such
5-11 Project;
5-12 (m) All contracts of the Authority for the
5-13 construction, improvement, repair, or maintenance of any turnpike
5-14 project shall, in so far as applicable, be made and awarded under
5-15 the same conditions, terms, requirements, and provisions as are now
5-16 provided for with respect to contracts of the Texas <State>
5-17 Department of <Highways and Public> Transportation in Sections 8
5-18 and 9 of Chapter 186, pages 457, 458, Acts, Thirty-ninth
5-19 Legislature, 1925 and Sections 10 and 13 of Chapter 186, page 458,
5-20 Acts, Thirty-ninth Legislature, 1925, codified as Articles 6674h,
5-21 6674i, 6674j, and 6674m, Vernon's Civil Statutes, and in the making
5-22 and awarding of such contracts the Authority shall, in so far as
5-23 applicable, be under the same duties and responsibilities with
5-24 respect thereto as are now imposed upon the Texas <State>
5-25 Department of <Highways and Public> Transportation by the terms and
5-26 provisions of the Statutes herein enumerated; it is hereby declared
5-27 to be the intention of the Legislature that the provision of this
6-1 paragraph shall be mandatory;
6-2 (n) To do all acts and things necessary or appropriate
6-3 to carry out the powers expressly granted in this Act;
6-4 (o) To develop and implement policies that provide the
6-5 public with a reasonable opportunity to appear before the Board to
6-6 speak on any issue under the jurisdiction of the Authority; and
6-7 (p) To prepare and maintain a written plan that
6-8 describes how a person who does not speak English or who has a
6-9 physical, mental, or developmental disability may be provided
6-10 reasonable access to the Authority's programs.
6-11 (q) The Texas Department of Transportation may provide
6-12 for the expenditure of money from any source for the cost of a
6-13 Turnpike Project. If money from the state highway fund is spent
6-14 under this subsection, the fund shall be repaid from tolls or other
6-15 turnpike revenue.
6-16 (r) The Board may hold an open or closed meeting by
6-17 telephone conference call. The telephone conference call meeting
6-18 is subject to the notice requirements applicable to other meetings
6-19 of the Board. The notice of the telephone conference call meeting
6-20 must specify as the location of the meeting the conference room of
6-21 the authority. Each part of the telephone conference call meeting
6-22 that is required to be open to the public shall be audible to the
6-23 public at the location specified in the notice and shall be
6-24 tape-recorded or documented by written minutes. On conclusion of
6-25 the meeting, the tape recording or the written minutes of the
6-26 meeting shall be made available to the public.
6-27 SECTION 1.03. Sections 9(b) and (e), Chapter 410, Acts of
7-1 the 53rd Legislature, Regular Session, 1953 (Article 6674v,
7-2 Vernon's Texas Civil Statutes), are amended to read as follows:
7-3 (b) The principal of, <and the> interest on, and any
7-4 redemption premium on such bonds shall be payable solely from the
7-5 funds herein or otherwise provided by law for such payment and from
7-6 the revenues of the particular project for which such bonds were
7-7 issued. The bonds of each issue shall be dated, shall bear
7-8 interest at such rate or rates authorized by law, shall mature at
7-9 such time or times, not exceeding forty (40) years from their date
7-10 or dates, as may be determined by the Authority, and may be made
7-11 redeemable before maturity, at such price or prices and under such
7-12 terms and conditions as may be fixed by the Authority in the
7-13 proceeding authorizing the issuance of the bonds.
7-14 (e) The proceeds of the bonds of each issue shall be used
7-15 solely for the payment of the cost of the Turnpike Project for
7-16 which such bonds shall have been issued, and shall be disbursed in
7-17 such manner and under such restrictions, if any, as the Authority
7-18 may provide in the resolution authorizing the issuance of such
7-19 bonds or in the trust agreement hereinafter mentioned securing the
7-20 same. If the proceeds of the bonds of any issue, by error of
7-21 estimates or otherwise, shall be less than such cost, additional
7-22 bonds may in like manner be issued to provide the amount of such
7-23 deficit, and, unless otherwise provided in the resolution
7-24 authorizing the issuance of such bonds or in the trust agreement
7-25 securing the same, shall be deemed to be on a parity with <of the
7-26 same issue> and shall be entitled to payment from the same fund
7-27 without preference or priority of the bonds first issued. If the
8-1 proceeds of the bonds of any issue shall exceed the cost of the
8-2 Turnpike Project for which the same shall have been issued, the
8-3 surplus shall be deposited to the credit of the sinking fund for
8-4 such bonds.
8-5 SECTION 1.04. Section 10, Chapter 410, Acts of the 53rd
8-6 Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
8-7 Civil Statutes), is amended to read as follows:
8-8 Sec. 10. Turnpike Revenue Refunding Bonds. The Authority is
8-9 hereby authorized to provide by resolution for the issuance of
8-10 turnpike revenue refunding bonds of the Authority for the purpose
8-11 of refunding any bonds then outstanding, issued on account of a
8-12 Project, which shall have been issued under the provisions of this
8-13 Act, including the payment of any redemption premium thereon and
8-14 any interest accrued or to accrue to the date of redemption of such
8-15 bonds, and, if deemed advisable by the Authority, for the
8-16 additional purpose of constructing improvements, extensions or
8-17 enlargements to the Turnpike Project in connection with which the
8-18 bonds to be refunded shall have been issued. The issuance of such
8-19 bonds, the maturities and other details thereof, the rights of the
8-20 holders thereof, and the rights, duties and obligations of the
8-21 Authority in respect of the same, shall be governed by the
8-22 provisions of this Act in so far as the same may be applicable.
8-23 Within the discretion of the Authority the refunding bonds may be
8-24 issued in exchange for outstanding bonds or may be sold and the
8-25 proceeds used for the purpose of paying or providing for the
8-26 payment of the <redeeming> outstanding bonds.
8-27 SECTION 1.05. Section 11(c), Chapter 410, Acts of the 53rd
9-1 Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
9-2 Civil Statutes), is amended to read as follows:
9-3 (c) No trust agreement shall evidence a pledge of the
9-4 revenues of any Project to any other purpose than (i) for the
9-5 payment of the cost of maintaining, repairing and operating the
9-6 Turnpike Project; (ii) for the payment of the principal of, <and>
9-7 interest on, and any redemption premium on such bonds as the same
9-8 shall become due and payable; (iii) to create and maintain reserves
9-9 for such purposes, as prescribed in Section 12 hereof and (iv) as
9-10 otherwise provided by law. However, surplus revenues may be used
9-11 for another Turnpike Project as authorized by Section 20b of this
9-12 Act.
9-13 SECTION 1.06. Section 12(a), Chapter 410, Acts of the 53rd
9-14 Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
9-15 Civil Statutes), is amended to read as follows:
9-16 (a) The Authority is hereby authorized to fix, revise,
9-17 charge and collect tolls for the use of each Turnpike Project and
9-18 the different parts or sections thereof, and to contract with any
9-19 person, partnership, association or corporation desiring the use of
9-20 any part thereof, or may lease or sell any part thereof, including
9-21 the right-of-way adjoining the paved portion, for placing thereon
9-22 gas stations, garages, stores, hotels, restaurants, or for any
9-23 other purpose including for tracks for railroad or railway use or
9-24 for use by telephone, telecommunication <telegraph>, electric light
9-25 or power lines and to fix the terms, conditions, rents and rates of
9-26 charges for such use or the terms and conditions of such lease or
9-27 sale.
10-1 SECTION 1.07. Section 12e(d), Chapter 410, Acts of the 53rd
10-2 Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
10-3 Civil Statutes), is amended to read as follows:
10-4 (d) The Authority may use the revolving fund to:
10-5 (1) finance the construction, maintenance, or
10-6 operation of Turnpike Projects authorized by this Act;
10-7 (2) provide matching amounts necessary for federal
10-8 grants or other types of participatory funding;
10-9 (3) provide credit enhancement for bonds issued to
10-10 construct, expand, or improve Turnpike Projects;
10-11 (4) provide security for, or payment of, future or
10-12 existing debt for construction, operation, or maintenance of
10-13 Turnpike Projects;
10-14 (5) borrow money and issue promissory notes or other
10-15 indebtedness payable out of the revolving fund for any purpose
10-16 authorized by this Act; and
10-17 (6) provide for any other reasonable purpose that
10-18 assists in the financings <financing> of the Authority as
10-19 authorized by this Act.
10-20 SECTION 1.08. The heading to Section 20a, Chapter 410, Acts
10-21 of the 53rd Legislature, Regular Session, 1953 (Article 6674v,
10-22 Vernon's Texas Civil Statutes), is amended to read as follows:
10-23 Sec. 20a. <PRIVATE> PARTICIPATION IN PROJECTS.
10-24 SECTION 1.09. Section 20a, Chapter 410, Acts of the 53rd
10-25 Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
10-26 Civil Statutes), is amended by amending Subsections (a), (b), and
10-27 (g) and adding Subsection (h) to read as follows:
11-1 (a) The Authority may enter into agreements with public and
11-2 private entities, including toll road corporations, to permit them,
11-3 independently or jointly with the Authority, to construct, to
11-4 maintain, to repair, and to operate turnpike projects;<,> and the
11-5 Authority may authorize the investment of public and private funds,
11-6 including debt and equity participation, as a means for financing
11-7 all or any of the above functions.
11-8 (b) In the construction, maintenance, repair, and operation
11-9 of any new turnpike project and the extension and expansion of any
11-10 existing turnpike project by invested private funding, or by both
11-11 public and private source funding, the Authority may utilize
11-12 exclusive development agreements with private entities in which the
11-13 Authority shall have broad latitude to negotiate the terms and
11-14 conditions for the methods and types of financing and in which it
11-15 may combine and negotiate any or all professional and consulting
11-16 services, construction, operation, and maintenance of such turnpike
11-17 projects.
11-18 (g) The Authority also may enter agreements with other
11-19 governmental agencies and entities, including, but not limited to,
11-20 Federal agencies, State agencies of this and other states, the
11-21 United Mexican States and states of the United Mexican States
11-22 <including states in Mexico>, political subdivisions, and
11-23 municipalities, independently or jointly with private entities to
11-24 provide services, to study feasibility of projects, to finance, to
11-25 construct, to operate, and to maintain turnpike projects pursuant
11-26 to the other terms hereof.
11-27 (h) The Authority may participate in and designate board
12-1 members to serve as representatives on boards, commissions, or
12-2 public bodies, the purposes of which are to promote the development
12-3 of joint toll facilities in this state, between this and other
12-4 states of the United States, or between this state and the United
12-5 Mexican States or states of the United Mexican States. A fee or
12-6 expense associated with Authority participation under this
12-7 subsection may be reimbursed from money in the Texas Turnpike
12-8 Authority feasibility study fund.
12-9 SECTION 1.10. Section 21, Chapter 410, Acts of the 53rd
12-10 Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
12-11 Civil Statutes), is amended to read as follows:
12-12 Sec. 21. MISCELLANEOUS. (a) Each Turnpike Project when
12-13 constructed and opened to traffic shall be maintained and kept in
12-14 good condition and repair by the Authority. Each such project
12-15 shall also be policed and operated by such force of police,
12-16 toll-takers, and other operating employees as the Authority may in
12-17 its discretion employ. Within its discretion the Authority may
12-18 make arrangements with the Department of Public Safety for the
12-19 services of police officers of that Agency.
12-20 (b) All private property damaged or destroyed in carrying
12-21 out the powers granted by this Act shall be restored or repaired
12-22 and placed in its original condition as nearly as practicable or
12-23 adequate compensation made therefor out of funds provided under the
12-24 authority of this Act.
12-25 (c) All counties, cities, villages, and other political
12-26 subdivisions and all public agencies and commissions of the State
12-27 of Texas, notwithstanding any contrary provision of law, are hereby
13-1 authorized and empowered to lease, lend, grant, or convey to the
13-2 Authority at its request, upon such terms and conditions as the
13-3 proper authorities of such counties, cities, villages, other
13-4 political subdivisions, or public agencies and commissions of the
13-5 State may deem reasonable and fair and without the necessity for
13-6 any advertisement, order of court, or other action or formality,
13-7 other than the regular and formal action of the authorities
13-8 concerned, any real property which may be necessary or appropriate
13-9 to the effectuation of the authorized purposes of the Authority,
13-10 including highways and other real property already devoted to
13-11 public use.
13-12 (d) An action by the Authority may be evidenced in any legal
13-13 manner, including a resolution adopted by its Board of Directors.
13-14 (e) Any member, agent, or employee of the Authority who
13-15 contracts with the Authority or is interested, either directly or
13-16 indirectly, in any contract with the Authority or in the sale of
13-17 any property, either real or personal, to the Authority, shall be
13-18 punished by a fine of not more than One Thousand Dollars ($1,000).
13-19 (f) Any motor vehicle which is not a police or emergency
13-20 vehicle, driven or towed through a toll collection facility, shall
13-21 pay the proper toll. The Authority may use such technology,
13-22 including automatic vehicle and vehicle license tag identification
13-23 photography and video surveillance, as it deems necessary to aid in
13-24 the collection of tolls and enforcement of toll violations by
13-25 producing recorded images of vehicles driven or towed through toll
13-26 collection facilities. All recorded images produced using such
13-27 devices are for the exclusive use of the Authority in discharging
14-1 its duties under this section and may not be available to the
14-2 public or used in any court except as provided in this section
14-3 <person who uses any turnpike project and fails or refuses to pay
14-4 the toll provided therefor, shall be punished by a fine of not more
14-5 than One Hundred Dollars ($100) and in addition thereto the
14-6 Authority shall have a lien upon the vehicle driven by such person
14-7 for the amount of such toll and may take and retain possession
14-8 thereof, until the amount of such toll and all charges in
14-9 connection therewith shall have been paid>.
14-10 (g) In the event of nonpayment of the proper toll, as
14-11 evidenced by video or other recording made pursuant to Subsection
14-12 (f) of this section, and on issuance of a proper notice of
14-13 nonpayment, the registered owner of the nonpaying vehicle shall be
14-14 legally bound to pay both the proper toll and an administrative
14-15 fee. The Authority is hereby authorized to fix, revise, charge,
14-16 and collect the administrative fee, so as to recover the cost of
14-17 collecting the unpaid toll, not to exceed one hundred dollars
14-18 ($100). The notice of nonpayment to the registered owner shall be
14-19 sent by first-class mail not later than 30 days after the alleged
14-20 failure to pay and shall require payment not sooner than 30 days
14-21 from the date the notice was mailed. The registered owner shall
14-22 pay a separate toll and administrative fee for each event of
14-23 nonpayment.
14-24 (h) If the registered owner of the vehicle fails to pay the
14-25 proper toll and administrative fee within the time specified by the
14-26 notice of nonpayment issued pursuant to Subsection (g) of this
14-27 section, the registered owner shall be cited as for other traffic
15-1 violations for the nonpayment, and the owner shall be legally bound
15-2 to pay a fine, not to exceed two hundred fifty dollars ($250), for
15-3 each event of nonpayment. Neither the legal obligation to pay nor
15-4 the actual payment of the fine shall affect the legal duty of the
15-5 owner for any other fine or penalty prescribed by law. In the
15-6 prosecution of a violation under this subsection, proof, as
15-7 evidenced by video or other recording, that the vehicle passed
15-8 through a toll collection facility without payment of the proper
15-9 toll, together with proof that the defendant was the registered
15-10 owner of the vehicle when the failure to pay occurred, establishes
15-11 the nonpayment of the registered owner. The court of the local
15-12 jurisdiction in which the violation occurred is authorized to
15-13 assess and to collect the fine, in addition to any court costs,
15-14 provided that the court must also collect the proper toll and
15-15 administrative fee and forward the toll and fee to the Authority.
15-16 (i) It is a defense to nonpayment under Subsections (f)
15-17 through (h) and (j) of this section that the motor vehicle in
15-18 question was stolen before the failure to pay the proper toll
15-19 occurred and was not recovered by the time of the failure to pay,
15-20 provided the theft was reported to the appropriate law enforcement
15-21 authority before the earlier of (1) the occurrence of the failure
15-22 to pay; or (2) eight hours after the discovery of the theft.
15-23 (j) A registered owner who is a lessor of a vehicle
15-24 concerning which a notice of nonpayment was issued pursuant to
15-25 Subsection (g) of this section shall not be legally bound in
15-26 connection with that notice of nonpayment provided that, not later
15-27 than 30 days from the date the notice of nonpayment is mailed, the
16-1 registered owner provides to the Authority a copy of the rental,
16-2 lease, or other contract document covering the vehicle on the date
16-3 of the nonpayment, with the name and address of the lessee clearly
16-4 legible. Failure to provide such information within the time
16-5 period prescribed shall render the lessor legally bound as the
16-6 registered owner. If the lessor provides the required information
16-7 within the time period prescribed, the lessee of the vehicle on the
16-8 date of the violation shall be deemed to be the owner of the
16-9 vehicle for purposes of this section and shall be subject to
16-10 prosecution for failure to pay the proper toll as if the lessee
16-11 were the registered owner, provided that the Authority sends a
16-12 notice of nonpayment to the lessee by first-class mail within 30
16-13 days after the date of receipt of the required information from the
16-14 lessor.
16-15 (k) For purposes of this section, a "transponder" means a
16-16 device, placed on or within an automobile, that is capable of
16-17 transmitting information used to assess or to collect tolls. A
16-18 transponder is "insufficiently funded" when there are no remaining
16-19 funds in the account in connection with which the transponder was
16-20 issued. Any law enforcement officer of the Department of Public
16-21 Safety of the State of Texas has the authority to seize a stolen or
16-22 insufficiently funded transponder and to return it to the
16-23 Authority, provided that an insufficiently funded transponder shall
16-24 not be seized sooner than 30 days after the date the Authority has
16-25 sent a notice of delinquency to the holder of the account.
16-26 (l) The Authority shall cause an audit of its books and
16-27 accounts to be made at least once in each year by certified public
17-1 accountants and the cost thereof may be treated as a part of the
17-2 cost of construction or of operation of the Turnpike Project.
17-3 SECTION 1.11. Section 27, Chapter 410, Acts of the 53rd
17-4 Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
17-5 Civil Statutes), is amended to read as follows:
17-6 Sec. 27. Project Pooling Within the Same County.
17-7 Notwithstanding any conflicting provisions in this Act and
17-8 superseding the same where in conflict with this section, the
17-9 authority is hereby authorized and empowered, but only as to
17-10 projects located wholly or partly in a planning region of a council
17-11 of governments created under Chapter 391, Local Government Code,
17-12 <within the same county> and subject to all the provisions of this
17-13 section:
17-14 (a) To determine after a public hearing, subject to
17-15 prior approval by the Texas <State Highway and Public>
17-16 Transportation Commission and a resolution approving the same duly
17-17 passed by the county commissioners court of the county where the
17-18 projects are located, that any two or more projects now or
17-19 hereafter constructed or determined to be constructed by the
17-20 authority in the same county shall be pooled and designated as a
17-21 "pooled project." Any existing project or projects may be pooled
17-22 in whole or in part with any new project or projects or parts
17-23 thereof. Upon designation such "pooled project" shall become a
17-24 "project" or "turnpike project" as defined in Section 4(c) of this
17-25 Act and as used in other sections of this Act. No project may be
17-26 pooled more than once. Consistent with the trust indenture
17-27 regarding securing bonds of that project, the resolution of the
18-1 county commissioners court shall set a date certain when each of
18-2 the projects being authorized to be pooled shall become toll free.
18-3 (b) Subject to the terms of this Act and subject to
18-4 the terms of any trust agreement securing the payment of any
18-5 turnpike revenue bonds, the authority is authorized to provide by
18-6 resolution from time to time for the issuance of turnpike revenue
18-7 bonds of the authority for the purpose of paying all or any part of
18-8 the cost of any pooled project or the cost of any part of such
18-9 pooled project and to pledge revenues of such pooled project or any
18-10 part thereof.
18-11 (c) Subject to the terms of any trust agreement
18-12 securing the payment of any turnpike revenue bonds, the authority
18-13 is authorized to issue by resolution turnpike revenue refunding
18-14 bonds of the authority for the purpose of refunding any bonds then
18-15 outstanding, issued on account of any pooled project or any part of
18-16 any pooled project issued under the provisions of this Act,
18-17 including the payment of any redemption premium thereon and any
18-18 interest accrued or to accrue to the date of redemption of such
18-19 bonds and, if deemed advisable by the authority, for the additional
18-20 purpose of constructing improvements, extensions, and enlargements
18-21 to the pooled project or to any part of any pooled project in
18-22 connection with which or in connection with any part of which bonds
18-23 to be refunded shall have been issued. Revenues of all or any part
18-24 of such pooled project may be pledged to the payment of such
18-25 refunding and improvement bonds. Such improvements, extensions, or
18-26 enlargements are not restricted to and need not be constructed on
18-27 any particular part of a pooled project in connection with which
19-1 bonds to be refunded may have been issued but may be constructed in
19-2 whole or in part on other parts of the pooled project not covered
19-3 by the bonds to be refunded. The issuance of such bonds, the
19-4 maturities and other details thereof, the rights of the holders
19-5 thereof, and the rights, duties, and obligations of the authority
19-6 in respect of the same shall be governed by the provisions of this
19-7 Act insofar as the same may be applicable. Within the discretion
19-8 of the authority, the refunding bonds may be issued in exchange for
19-9 outstanding bonds or may be sold and the proceeds used for the
19-10 purpose of redeeming outstanding bonds.
19-11 Whether bonds be refunded or not, the authority may, subject
19-12 to the terms of any trust agreement securing the payment of any
19-13 turnpike revenue bonds, issue from time to time by resolution,
19-14 bonds, of parity or otherwise, for the purpose of paying the cost
19-15 of all or any part of any pooled project or for the purpose of
19-16 constructing improvements, extensions, or enlargements to all or
19-17 any part of any pooled project and to pledge revenues of all or any
19-18 part of such pooled project to the payment thereof.
19-19 ARTICLE 2
19-20 SECTION 2.01. Section 361.031(c), Transportation Code, is
19-21 amended to read as follows:
19-22 (c) The exercise by the authority of the powers conferred by
19-23 this chapter in the construction, operation, and maintenance of a
19-24 turnpike project is:
19-25 (1) in all respects for the benefit of the people of
19-26 this state, for the increase of their commerce and prosperity, and
19-27 for the improvement of their health and living conditions; and
20-1 (2) an essential governmental function of the state.
20-2 SECTION 2.02. Section 361.032, Transportation Code, is
20-3 amended by adding Subsections (h) and (i) to read as follows:
20-4 (h) A majority of the board is a quorum, and the vote of a
20-5 majority shall be necessary for any action taken by the board.
20-6 (i) A vacancy in the membership of the board does not impair
20-7 the right of a quorum to exercise a right or perform a duty of the
20-8 board.
20-9 SECTION 2.03. Subchapter B, Chapter 361, Transportation
20-10 Code, is amended by adding Section 361.0485 to read as follows:
20-11 Sec. 361.0485. BOARD MEETING BY TELEPHONE CONFERENCE CALL.
20-12 (a) The board may hold an open or closed meeting by telephone
20-13 conference call.
20-14 (b) The telephone conference call meeting is subject to the
20-15 notice requirements applicable to other meetings of the board.
20-16 (c) The notice of the telephone conference call meeting must
20-17 specify as the location of the meeting the conference room of the
20-18 authority.
20-19 (d) Each part of the telephone conference call meeting that
20-20 is required to be open to the public shall be audible to the public
20-21 at the location specified in the notice and shall be tape-recorded
20-22 or documented by written minutes. On conclusion of the meeting,
20-23 the tape recording or the written minutes of the meeting shall be
20-24 made available to the public.
20-25 SECTION 2.04. Section 361.101, Transportation Code, is
20-26 amended to read as follows:
20-27 Sec. 361.101. DETERMINATION OF TURNPIKE PROJECTS. The
21-1 authority may:
21-2 (1) construct, maintain, repair, and operate a
21-3 turnpike project to:
21-4 (A) facilitate vehicular traffic throughout this
21-5 state;
21-6 (B) promote the agricultural and industrial
21-7 development of this state;
21-8 (C) effect traffic safety; or
21-9 (D) improve connections between highways of this
21-10 state, <and of> adjoining states, and the United Mexican States;
21-11 and
21-12 (2) at any time determine to undertake a turnpike
21-13 project, except that the commission must approve the location of
21-14 the project before final designation.
21-15 SECTION 2.05. Section 361.171(e), Transportation Code, is
21-16 amended to read as follows:
21-17 (e) If the proceeds of a bond issue are less than the
21-18 turnpike project cost, additional bonds may in like manner be
21-19 issued to provide the amount of the deficit. Unless otherwise
21-20 provided in the resolution authorizing the issuance of the bonds or
21-21 in the trust agreement securing the bonds, the additional bonds are
21-22 on a parity with <of the same issue> and are payable from the same
21-23 fund without preference or priority of the bonds first issued.
21-24 SECTION 2.06. Section 361.173(a), Transportation Code, is
21-25 amended to read as follows:
21-26 (a) The principal of, <and> interest on, and any redemption
21-27 premium on bonds issued by the authority are payable solely from:
22-1 (1) the money authorized for their payment under this
22-2 chapter or other law; and
22-3 (2) the revenue of the turnpike project for which the
22-4 bonds were issued, including tolls pledged to pay the bonds.
22-5 SECTION 2.07. Section 361.175(c), Transportation Code, is
22-6 amended to read as follows:
22-7 (c) The authority may:
22-8 (1) issue refunding bonds in exchange for outstanding
22-9 bonds; or
22-10 (2) sell refunding bonds and use the proceeds to pay
22-11 or provide for the payment of the <redeem> outstanding bonds.
22-12 SECTION 2.08. Section 361.176(c), Transportation Code, is
22-13 amended to read as follows:
22-14 (c) A trust agreement may not evidence a pledge of the
22-15 revenue of a turnpike project except:
22-16 (1) to pay the cost of maintaining, repairing, and
22-17 operating the project;
22-18 (2) to pay the principal of, <and> interest on, and
22-19 any redemption premium on the bonds as they become due and payable;
22-20 (3) to create and maintain reserves for the purposes
22-21 described by Subdivisions (1) and (2), as prescribed by Section
22-22 361.179; and
22-23 (4) as otherwise provided by law.
22-24 SECTION 2.09. Section 361.179(a), Transportation Code, is
22-25 amended to read as follows:
22-26 (a) The authority may:
22-27 (1) impose tolls for the use of each turnpike project
23-1 and the different parts or sections of each turnpike project; and
23-2 (2) contract with a person for the use of part of a
23-3 turnpike project or lease or sell part of a turnpike project,
23-4 including the right-of-way adjoining the paved portion, for any
23-5 purpose, including placing on the adjoining right-of-way a gas
23-6 station, garage, store, hotel, restaurant, railroad tracks,
23-7 telephone line, telecommunication <telegraph> line, and electric
23-8 line, and set the terms for the use, lease, or sale.
23-9 SECTION 2.10. Section 361.180, Transportation Code, is
23-10 amended to read as follows:
23-11 Sec. 361.180. PROHIBITION ON TOLLS ON EXISTING FREE
23-12 HIGHWAYS. The authority may <not> impose a toll for transit over
23-13 an existing free public highway only if such highway is transferred
23-14 to the authority by the commission under Section 362.0041.
23-15 SECTION 2.11. Section 361.184(c), Transportation Code, is
23-16 amended to read as follows:
23-17 (c) The authority may use money in the project revolving
23-18 fund to:
23-19 (1) finance the construction, maintenance, or
23-20 operation of a turnpike project;
23-21 (2) provide matching money necessary for a federal
23-22 grant or other type of participatory funding;
23-23 (3) provide credit enhancement for bonds issued to
23-24 construct, expand, or improve a turnpike project;
23-25 (4) provide security for or payment of future or
23-26 existing debt for construction, operation, or maintenance of a
23-27 turnpike project;
24-1 (5) borrow money and issue promissory notes or other
24-2 indebtedness payable out of the fund for any purpose authorized by
24-3 this chapter; and
24-4 (6) provide for any other reasonable purpose that
24-5 assists in the financings <financing> of the authority as
24-6 authorized by this chapter.
24-7 SECTION 2.12. The heading to Section 361.187, Transportation
24-8 Code, is amended to read as follows:
24-9 Sec. 361.187. EXEMPTION FROM TAXATION OR ASSESSMENT.
24-10 SECTION 2.13. Section 361.187(a), Transportation Code, is
24-11 amended to read as follows:
24-12 (a) The authority is exempt from taxation of or assessments
24-13 on:
24-14 (1) a turnpike project;
24-15 (2) property the authority acquires or uses under this
24-16 chapter; or
24-17 (3) income from property described by Subdivision (1)
24-18 or (2).
24-19 SECTION 2.14. Subchapter E, Chapter 361, Transportation
24-20 Code, is amended by adding Section 361.191 to read as follows:
24-21 Sec. 361.191. EXPENDITURE OF MONEY AUTHORIZED BY DEPARTMENT
24-22 OF TRANSPORTATION. (a) The Texas Department of Transportation may
24-23 provide for the expenditure of money from any source for the cost
24-24 of a turnpike project.
24-25 (b) If money from the state highway fund is spent under this
24-26 section, the fund shall be repaid from tolls or other turnpike
24-27 revenue.
25-1 SECTION 2.15. Subchapter G, Chapter 361, Transportation
25-2 Code, is amended by amending Section 361.252 and adding Sections
25-3 361.253-361.255 to read as follows:
25-4 Sec. 361.252. FAILURE OR REFUSAL TO PAY TOLL; IDENTIFICATION
25-5 AND SURVEILLANCE. (a) Any motor vehicle that is not a police or
25-6 emergency vehicle, driven or towed through a toll collection
25-7 facility, shall pay the proper toll. <A person who uses a turnpike
25-8 project and fails or refuses to pay a toll provided for using the
25-9 project is liable for a fine not to exceed $100.>
25-10 (b) The authority may use the technology, including
25-11 automatic vehicle and vehicle license tag identification
25-12 photography and video surveillance, as it considers necessary to
25-13 aid in the collection of tolls and enforcement of toll violations
25-14 by producing recorded images of vehicles driven or towed through
25-15 toll collection facilities <The authority has a lien on the vehicle
25-16 driven by the person for the amount of the toll and may take and
25-17 retain the vehicle until the toll and related charges have been
25-18 paid>.
25-19 (c) All recorded images produced using the devices are for
25-20 the exclusive use of the authority in discharging its duties under
25-21 this section and may not be available to the public or used in any
25-22 court except as provided in this subchapter.
25-23 Sec. 361.253. ADMINISTRATIVE FEE; NOTICE. (a) In the event
25-24 of nonpayment of the proper toll, as evidenced by video or other
25-25 recording made under Section 361.252, and on issuance of a proper
25-26 notice of nonpayment, the registered owner of the nonpaying vehicle
25-27 is legally bound to pay both the proper toll and an administrative
26-1 fee.
26-2 (b) The authority may fix, revise, charge, and collect the
26-3 administrative fee, so as to recover the cost of collecting the
26-4 unpaid toll, not to exceed $100. The notice of nonpayment to the
26-5 registered owner shall be sent by first-class mail not later than
26-6 30 days after the date of the alleged failure to pay and may
26-7 require payment not sooner than 30 days from the date the notice
26-8 was mailed. The registered owner shall pay a separate toll and
26-9 administrative fee for each event of nonpayment.
26-10 (c) If the registered owner of the vehicle fails to pay the
26-11 proper toll and administrative fee within the time specified by the
26-12 notice of nonpayment issued under this section, the registered
26-13 owner shall be cited as for other traffic violations for the
26-14 nonpayment, and the owner is legally bound to pay a fine, not to
26-15 exceed $250, for each event of nonpayment. Neither the legal
26-16 obligation to pay nor the actual payment of the fine shall affect
26-17 the legal duty of the owner for any other fine or penalty
26-18 prescribed by law.
26-19 Sec. 361.254. PROSECUTIONS. (a) In the prosecution of a
26-20 violation under Section 361.252 or 361.253, proof, as evidenced by
26-21 video or other recording, that the vehicle passed through a toll
26-22 collection facility without payment of the proper toll, together
26-23 with proof that the defendant was the registered owner of the
26-24 vehicle when the failure to pay occurred, establishes the
26-25 nonpayment of the registered owner.
26-26 (b) The court of the local jurisdiction in which the
26-27 violation occurred may assess and collect the fine, in addition to
27-1 any court costs. The court shall also collect the proper toll and
27-2 administrative fee and forward the toll and fee to the authority.
27-3 (c) It is a defense to nonpayment under Section 361.252 or
27-4 361.253 that the motor vehicle in question was stolen before the
27-5 failure to pay the proper toll occurred and was not recovered by
27-6 the time of the failure to pay, but only if the theft was reported
27-7 to the appropriate law enforcement authority before the earlier of:
27-8 (1) the occurrence of the failure to pay; or
27-9 (2) eight hours after the discovery of the theft.
27-10 (d) A registered owner who is a lessor of a vehicle
27-11 concerning which a notice of nonpayment was issued under Section
27-12 361.253 is not liable in connection with that notice of nonpayment
27-13 if, not later than 30 days after the date the notice of nonpayment
27-14 is mailed, the registered owner provides to the authority a copy of
27-15 the rental, lease, or other contract document covering the vehicle
27-16 on the date of the nonpayment, with the name and address of the
27-17 lessee clearly legible. Failure to provide this information within
27-18 the period prescribed renders the lessor liable as the registered
27-19 owner. If the lessor provides the required information within the
27-20 period prescribed, the lessee of the vehicle on the date of the
27-21 violation is considered to be the owner of the vehicle for purposes
27-22 of this section and is subject to prosecution for failure to pay
27-23 the proper toll as if the lessee were the registered owner, if the
27-24 authority sends a notice of nonpayment to the lessee by first-class
27-25 mail within 30 days after the date of receipt of the required
27-26 information from the lessor.
27-27 Sec. 361.255. USE AND RETURN OF TRANSPONDERS. (a) For
28-1 purposes of this section, a "transponder" means a device, placed on
28-2 or within an automobile, that is capable of transmitting
28-3 information used to assess or to collect tolls. A transponder is
28-4 "insufficiently funded" when there are no remaining funds in the
28-5 account in connection with which the transponder was issued.
28-6 (b) Any law enforcement officer of the Department of Public
28-7 Safety of the State of Texas has the authority to seize a stolen or
28-8 insufficiently funded transponder and to return it to the
28-9 authority, except that an insufficiently funded transponder may not
28-10 be seized sooner than 30 days after the date the authority has sent
28-11 a notice of delinquency to the holder of the account.
28-12 SECTION 2.16. The heading to Subchapter I, Chapter 361,
28-13 Transportation Code, is amended to read as follows:
28-14 SUBCHAPTER I. <PRIVATE> PARTICIPATION IN TURNPIKE PROJECTS
28-15 SECTION 2.17. Section 361.301, Transportation Code, is
28-16 amended to read as follows:
28-17 Sec. 361.301. AGREEMENTS WITH PUBLIC OR PRIVATE ENTITIES TO
28-18 CONSTRUCT, MAINTAIN, REPAIR, AND OPERATE TURNPIKE PROJECTS. (a)
28-19 The authority may enter into an agreement with a public or private
28-20 entity, including a toll road corporation, to permit the entity,
28-21 independently or jointly with the authority, to construct,
28-22 maintain, repair, and operate turnpike projects.
28-23 (b) The authority may authorize the investment of public and
28-24 private money, including debt and equity participation, to finance
28-25 a function described by this section.
28-26 SECTION 2.18. Section 361.302, Transportation Code, is
28-27 amended to read as follows:
29-1 Sec. 361.302. EXCLUSIVE DEVELOPMENT AGREEMENTS WITH PUBLIC
29-2 OR PRIVATE ENTITIES. The authority may use an exclusive
29-3 development agreement with a private entity to construct, maintain,
29-4 repair, operate, extend, or expand a turnpike project by invested
29-5 private funding or by public and private funding. The authority:
29-6 (1) has broad discretion to negotiate the terms of
29-7 financing; and
29-8 (2) may negotiate provisions relating to professional
29-9 and consulting services with regard to the turnpike project and to
29-10 the construction, maintenance, and operation of the project,
29-11 including provisions for combining those services.
29-12 SECTION 2.19. Section 361.307, Transportation Code, is
29-13 amended to read as follows:
29-14 Sec. 361.307. AGREEMENTS WITH PRIVATE ENTITIES AND OTHER
29-15 GOVERNMENTAL AGENCIES. The authority and a private entity jointly
29-16 may enter into an agreement with another governmental agency or
29-17 entity, including a federal agency, an agency of this or another
29-18 state, including the United Mexican States or a state of the United
29-19 Mexican States, or a political subdivision, to independently or
29-20 jointly provide services, to study the feasibility of a turnpike
29-21 project, or to finance, construct, operate, and maintain a turnpike
29-22 project.
29-23 SECTION 2.20. Subchapter I, Chapter 361, Transportation
29-24 Code, is amended by adding Section 361.308 to read as follows:
29-25 Sec. 361.308. PARTICIPATION ON CERTAIN OTHER BOARDS,
29-26 COMMISSIONS, OR PUBLIC BODIES. (a) The authority may participate
29-27 in and designate board members to serve as representatives on
30-1 boards, commissions, or public bodies, the purposes of which are to
30-2 promote the development of joint toll facilities in this state,
30-3 between this and other states of the United States, or between this
30-4 state and the United Mexican States or states of the United Mexican
30-5 States.
30-6 (b) A fee or expense associated with authority participation
30-7 under this section may be reimbursed from money in the Texas
30-8 Turnpike Authority feasibility study fund.
30-9 SECTION 2.21. Section 361.331, Transportation Code, is
30-10 amended by amending Subsection (a) and adding Subsection (e) to
30-11 read as follows:
30-12 (a) The authority may designate two or more turnpike
30-13 projects that are wholly or partly located in a planning region of
30-14 a council of governments <the same county> as a pooled turnpike
30-15 project after:
30-16 (1) conducting a public hearing;
30-17 (2) obtaining the approval of the commission; and
30-18 (3) obtaining a resolution adopted by the
30-19 commissioners court of the county that:
30-20 (A) approves the action; and
30-21 (B) specifies the date the pooled project
30-22 becomes toll free.
30-23 (e) In this section, "council of governments" means a
30-24 council of governments created under Chapter 391, Local Government
30-25 Code.
30-26 SECTION 2.22. Sections 362.001(1) and (4), Transportation
30-27 Code, are amended to read as follows:
31-1 (1) "Authority" means the Texas Turnpike Authority and
31-2 includes the entity that succeeds to the principal functions of the
31-3 authority or to whom by law the powers of the authority are given
31-4 <or its successor>.
31-5 (4) "Local governmental entity" means a political
31-6 subdivision of the state, including a municipality or a county, a
31-7 political subdivision of a county, a group of adjoining counties, a
31-8 defined district, or a nonprofit corporation, including a
31-9 transportation corporation created under Chapter 431.
31-10 SECTION 2.23. Section 362.003, Transportation Code, is
31-11 amended to read as follows:
31-12 Sec. 362.003. APPLICABILITY OF OTHER LAW; CONFLICTS. (a)
31-13 This chapter is cumulative of all laws affecting the issuance of
31-14 bonds by local governmental entities, particularly, but not by way
31-15 of limitation, provisions of Chapter 503, Acts of the 54th
31-16 Legislature, Regular Session, 1955 (Article 717k, Vernon's Texas
31-17 Civil Statutes), the Bond Procedures Act of 1981 (Article 717k-6,
31-18 Vernon's Texas Civil Statutes), and Chapter 656, Acts of the 68th
31-19 Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
31-20 Civil Statutes), are applicable to and apply to all bonds issued to
31-21 this chapter, regardless of any classification of any such local
31-22 governmental entities thereunder; provided, however, in the event
31-23 of any conflict between such laws and this chapter, the provisions
31-24 of this chapter prevail. <Bonds issued by a local governmental
31-25 entity under this subchapter are subject to all laws affecting the
31-26 issuance of bonds by a local governmental entity, including Chapter
31-27 656, Acts of the 68th Legislature, Regular Session, 1983 (Article
32-1 717q, Vernon's Texas Civil Statutes).>
32-2 (b) This chapter is cumulative of all laws affecting the
32-3 commission, the department, and the local governmental entities,
32-4 except that in the event any other law conflicts with this chapter,
32-5 the provisions of this chapter prevail. <Bonds issued by the
32-6 authority under this subchapter are subject to all laws affecting
32-7 the issuance of bonds by the authority.>
32-8 (c) This chapter is cumulative of all laws affecting the
32-9 authority, and the authority is authorized to enter into all
32-10 agreements necessary or convenient to effectuate the purposes of
32-11 this chapter. Particularly, but not by way of limitation, the
32-12 provisions of Chapter 410, Acts of the 53rd Legislature, Regular
32-13 Session, 1953 (Article 6674v, Vernon's Texas Civil Statutes),
32-14 Chapter 503, Acts of the 54th Legislature, Regular Session, 1955
32-15 (Article 717k, Vernon's Texas Civil Statutes), the Bond Procedures
32-16 Act of 1981 (Article 717k-6, Vernon's Texas Civil Statutes), and
32-17 Chapter 656, Acts of the 68th Legislature, Regular Session, 1983
32-18 (Article 717q, Vernon's Texas Civil Statutes), are applicable to
32-19 the bonds issued by the authority under this chapter <subchapter
32-20 prevails to the extent of any conflict between this subchapter and
32-21 another law affecting the commission, the department, or a local
32-22 governmental entity>.
32-23 SECTION 2.24. Section 362.004, Transportation Code, is
32-24 amended by amending Subsection (c) and adding Subsections (e) and
32-25 (f) to read as follows:
32-26 (c) An agreement under this section may:
32-27 (1) be payable from any money lawfully available to
33-1 the department;
33-2 (2) be subject to legislative appropriation if the
33-3 intended source of payment requires legislative appropriation;
33-4 (3) specify the length of time the turnpike project
33-5 will remain a toll facility;
33-6 (4) specify the use of the revenue from the project;
33-7 <and>
33-8 (5) provide for the use of revenue from any turnpike
33-9 project for a turnpike project that is an extension of the original
33-10 project or is part of an integrated system of turnpike projects; or
33-11 (6) provide for the expenditure of money from any
33-12 source for the cost of a turnpike project.
33-13 (e) If money from the state highway fund is spent under an
33-14 agreement under this section, the authority shall repay the fund
33-15 from tolls or other turnpike revenue.
33-16 (f) If the commission finds that the state highway system,
33-17 the state's transportation needs, and overall mobility of the
33-18 traveling public will be enhanced, the commission may enter into an
33-19 agreement with the authority providing for the advance of funds to
33-20 the authority to be used for any purpose of the revolving fund
33-21 established and administered by the authority under Section
33-22 361.184, provided that any money advanced out of the state highway
33-23 fund shall be repaid to the fund from tolls or other turnpike
33-24 revenue.
33-25 SECTION 2.25. Subchapter A, Chapter 362, Transportation
33-26 Code, is amended by adding Section 362.0041 to read as follows:
33-27 Sec. 362.0041. ACQUISITION OF PROJECTS. (a) If the
34-1 commission finds that the conversion of a segment of the free state
34-2 highway system to a toll facility is the most feasible and economic
34-3 means to accomplish necessary expansion improvements, or extensions
34-4 to the state highway system, that segment may, upon approval of the
34-5 governor, be transferred by order of the commission to the
34-6 authority. The authority may receive such segment of highway,
34-7 thereafter to be owned, operated, and maintained as a turnpike
34-8 project under Chapter 361.
34-9 (b) The authority shall reimburse the commission for the
34-10 cost of the transferred highway, unless the commission finds that
34-11 the transfer will result in substantial net benefits to the state,
34-12 the department, and the traveling public that exceed that cost.
34-13 The cost shall include the total dollar amount expended by the
34-14 department for the original construction of the highway, including
34-15 all costs associated with the preliminary engineering and design
34-16 engineering for plans, specifications, and estimates, the
34-17 acquisition of necessary right-of-way, and actual construction of
34-18 the highway and all necessary appurtenant facilities.
34-19 (c) The commission shall, coincident with the transfer,
34-20 remove the segment of highway from the designated state highway
34-21 system and shall subsequently have no liability, responsibility, or
34-22 duty for the maintenance or operation of the highway.
34-23 (d) Prior to transferring a segment of the state highway
34-24 system under this section, the commission shall conduct a public
34-25 hearing for the purpose of receiving comments from interested
34-26 persons concerning the proposed transfer. Notice of the hearing
34-27 shall be published in the Texas Register, one or more newspapers of
35-1 general circulation, and a newspaper, if any, published in the
35-2 county or counties in which the involved highway is located.
35-3 (e) The commission shall adopt rules implementing this
35-4 section, such rules to include criteria and guidelines for the
35-5 approval of a transfer of a highway.
35-6 SECTION 2.26. Section 362.007, Transportation Code, is
35-7 amended to read as follows:
35-8 Sec. 362.007. AGREEMENTS BETWEEN AUTHORITY AND LOCAL
35-9 GOVERNMENTAL ENTITIES. (a) Under authority of Section 52, Article
35-10 III, Texas Constitution, a local governmental entity other than a
35-11 nonprofit corporation may, upon the required vote of the qualified
35-12 voters, in addition to all other debts, issue bonds or enter into
35-13 and make payments under agreements with the authority, not to
35-14 exceed 40 years in term, in any amount not to exceed one-fourth of
35-15 the assessed valuation of real property within the local
35-16 governmental entity, except that the total indebtedness of any
35-17 municipality shall never exceed the limits imposed by other
35-18 provisions of the constitution, and levy and collect taxes to pay
35-19 the interest thereon and provide a sinking fund for the redemption
35-20 thereof, for the purposes of construction, maintenance, and
35-21 operation of turnpike projects of the authority, or in aid thereof
35-22 <Subsection (b), Section 52, Article III, Texas Constitution, a
35-23 local governmental entity other than a nonprofit corporation may:>
35-24 <(1) agree with the authority to issue bonds and to
35-25 make payments to aid in the construction, maintenance, or operation
35-26 of a turnpike project of the authority; and>
35-27 <(2) impose taxes to pay the interest on bonds issued
36-1 under Subdivision (1)>.
36-2 (b) In addition to Subsection (a), a local governmental
36-3 entity may, within any applicable constitutional limitations, agree
36-4 with the authority to issue bonds or enter into and make payments
36-5 under an agreement to construct, maintain, or operate any portion
36-6 of a turnpike project of the authority.
36-7 (c) To make payments under an agreement under Subsection (b)
36-8 or pay the interest on bonds issued under Subsection (b) and to
36-9 provide a sinking fund for the bonds or the contract, a local
36-10 governmental entity may:
36-11 (1) pledge revenue from any available source,
36-12 including annual appropriations;
36-13 (2) levy and collect <impose> taxes; or <and>
36-14 (3) provide for a combination of Subdivisions (1) and
36-15 (2) <sinking fund>.
36-16 (d) The term of an agreement under this section may not
36-17 exceed 40 years.
36-18 (e) Any <An> election required to permit action under this
36-19 subchapter must be held in conformance with Chapter 1, Title 22,
36-20 Revised Statutes, or other law applicable to the local governmental
36-21 entity.
36-22 ARTICLE 3
36-23 SECTION 3.01. This Act takes effect September 1, 1995.
36-24 SECTION 3.02. (a) Article 1 of this Act takes effect only
36-25 if S.B. No. 971, 74th Legislature, Regular Session, 1995, does not
36-26 become law. If S.B. No. 971 becomes law, Article 1 of this Act has
36-27 no effect.
37-1 (b) Article 2 of this Act takes effect only if S.B. No. 971,
37-2 74th Legislature, Regular Session, 1995, becomes law. If S.B. No.
37-3 971, 74th Legislature, Regular Session, 1995, does not become law,
37-4 Article 2 of this Act has no effect.
37-5 SECTION 3.03. The importance of this legislation and the
37-6 crowded condition of the calendars in both houses create an
37-7 emergency and an imperative public necessity that the
37-8 constitutional rule requiring bills to be read on three several
37-9 days in each house be suspended, and this rule is hereby suspended.