By: Cain S.B. No. 1360
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the operation and management of the Texas Turnpike
1-2 Authority and amendments to the Act creating the Texas Turnpike
1-3 Authority.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5, Article 6674v, Civil Statutes, is
1-6 amended by adding the following:
1-7 (q) The Texas Department of Transportation is authorized to
1-8 expend money, from any source available, for the costs of Turnpike
1-9 Projects, provided that any monies expended out of the state
1-10 highway fund shall be repaid to the fund from tolls or other
1-11 turnpike revenue.
1-12 (r) The Authority may hold an open or closed meeting by
1-13 telephone conference call using the following procedures: the
1-14 telephone conference call meeting must satisfy the notice
1-15 requirements applicable to other meetings; the notice of the
1-16 telephone conference call meeting must specify as the location of
1-17 the meeting the Authority's conference room in its offices; and
1-18 each part of the telephone conference call meeting that is required
1-19 to be open to the public shall be audible to the public at the
1-20 location specified, shall be either tape recorded or documented by
1-21 written minutes, and, upon conclusion of the meeting, shall be made
1-22 available to the public in the form of a tape recording or written
1-23 minutes.
2-1 SECTION 2. Section 20a, Article 6674v, Civil Statutes, is
2-2 amended to read as follows:
2-3 Sec. 20a. PARTICIPATION IN PROJECTS. (a) The Authority may
2-4 enter into agreements with public and private entities, including
2-5 toll road corporations, to permit them, independently or jointly
2-6 with the Authority, to construct, to maintain, to repair, and to
2-7 operate turnpike projects; and the Authority may authorize the
2-8 investment of public and private funds, including debt and equity
2-9 participation, as a means for financing all or any of the above
2-10 functions.
2-11 (b) In the construction, maintenance, repair, and operation
2-12 of any new turnpike project and the extension and expansion of any
2-13 existing turnpike project by invested private funding, or by both
2-14 public and private source funding, the Authority may utilize
2-15 exclusive development agreements with private entities in which the
2-16 Authority shall have broad latitude to negotiate the terms and
2-17 conditions for the methods and types of financing and in which it
2-18 may combine and negotiate any or all professional and consulting
2-19 services, construction, operation, and maintenance of such turnpike
2-20 projects.
2-21 (c) Every turnpike project which is the subject of a
2-22 development agreement with a private entity at all times shall be,
2-23 and all the facilities acquired or constructed thereon shall be,
2-24 public property and shall belong to the Authority. However, the
2-25 Authority may enter into agreements which include provisions for
3-1 the leases of rights-of-way, for the granting of easements and for
3-2 the issuance of franchises, licenses, permits, or any lawful uses
3-3 to enable a private entity to construct, to operate, and to
3-4 maintain turnpike projects and those which supplement a turnpike
3-5 project. At the termination of any such agreements, the turnpike
3-6 project and all facilities shall be in a state of proper
3-7 maintenance as determined by the Authority and returned to the
3-8 Authority in satisfactory condition at no further cost.
3-9 (d) The Authority shall not incur any financial obligations
3-10 for a private entity which constructs, maintains or operates a
3-11 turnpike project; and neither the State, the Authority, nor any
3-12 political subdivision of the State shall be liable for any
3-13 financial or other obligations of any turnpike project solely
3-14 because of its being, constructed, financed, or operated in whole
3-15 or in part by a private entity.
3-16 (e) The Authority will be responsible for negotiating in
3-17 every turnpike project where private entities are participants, the
3-18 terms and conditions of private participation which will include:
3-19 (1) methods of determining applicable costs, profit,
3-20 and project distribution between all private equity investors and
3-21 the Authority;
3-22 (2) reasonable methods for determining and classifying
3-23 toll rates;
3-24 (3) acceptable safety and policing standards; and
3-25 (4) all other professional, consultant, construction,
4-1 operation and maintenance standards, expenses, and costs
4-2 applicable.
4-3 (f) The Authority will establish, administratively, the
4-4 rules, procedures, and guidelines which will govern the negotiating
4-5 process with the intention of promoting fairness, of obtaining
4-6 numbers of private participants in turnpike projects, and of
4-7 promoting confidence among such participants. The rules concerning
4-8 the negotiations shall contain criteria for qualifications of the
4-9 participants and for the award of the contracts; and the Authority
4-10 shall maintain updated procedures concerning participation in
4-11 negotiations for all such projects. Agreements are to be upon
4-12 terms determined in the exclusive judgment of the Authority. The
4-13 Authority shall include the Attorney General, or his designee, in
4-14 the negotiations with private participants.
4-15 (g) The Authority also may enter agreements with other
4-16 governmental agencies and entities, including, but not limited to,
4-17 Federal agencies, State agencies of this and other states, the
4-18 United Mexican States and states of Mexico, political subdivisions,
4-19 and municipalities, independently or jointly with private entities
4-20 to provide services, to study feasibility of projects, to finance,
4-21 to construct, to operate, and to maintain turnpike projects
4-22 pursuant to the other terms hereof.
4-23 (h) The Authority is authorized to participate in and it may
4-24 designate board members to serve as representatives on boards,
4-25 commissions, or public bodies, the purposes for which are to
5-1 promote the development of joint toll facilities within this State,
5-2 between this State and states of the United Mexican States, or
5-3 between this State and other domestic states. All fees and
5-4 expenses associated with Authority participation may be reimbursed
5-5 from the Texas Turnpike Authority Feasibility Study Fund.
5-6 SECTION 3. Section 21, Article 6674v, Civil Statutes, is
5-7 amended to read as follows:
5-8 Sec. 21. (a) Each Turnpike Project when constructed and
5-9 opened to traffic shall be maintained and kept in good condition
5-10 and repair by the Authority. Each such project shall also be
5-11 policed and operated by such force of police, toll-takers and other
5-12 operating employees as the Authority may in its discretion employ.
5-13 Within its discretion the Authority may make arrangements with the
5-14 Department of Public Safety for the services of police officers of
5-15 that Agency.
5-16 (b) All private property damaged or destroyed in carrying
5-17 out the powers granted by this Act shall be restored or repaired
5-18 and placed in its original condition as nearly as practicable or
5-19 adequate compensation made therefor out of funds provided under the
5-20 authority of this Act.
5-21 (c) All counties, cities, villages and other political
5-22 subdivisions and all public agencies and commissions of the State
5-23 of Texas, notwithstanding any contrary provision of law, are hereby
5-24 authorized and empowered to lease, lend, grant or convey to the
5-25 Authority at its request, upon such terms and conditions as the
6-1 proper authorities of such counties, cities, villages, other
6-2 political subdivisions or public agencies and commissions of the
6-3 State may deem reasonable and fair and without the necessity for
6-4 any advertisement, order of court or other action or formality,
6-5 other than the regular and formal action of the authorities
6-6 concerned, any real property which may be necessary or appropriate
6-7 to the effectuation of the authorized purposes of the Authority,
6-8 including highways and other real property already devoted to
6-9 public use.
6-10 (d) An action by the Authority may be evidenced in any legal
6-11 manner, including a resolution adopted by its Board of Directors.
6-12 (e) Any member, agent or employee of the Authority who
6-13 contracts with the Authority or is interested, either directly or
6-14 indirectly, in any contract with the Authority or in the sale of
6-15 any property, either real or personal, to the Authority, shall be
6-16 punished by a fine of not more than One Thousand Dollars ($1,000).
6-17 (f) Any motor vehicle, which is not a police or emergency
6-18 vehicle, driven or towed through a toll collection facility shall
6-19 pay the proper toll. The Authority may use such technology,
6-20 including automatic vehicle and vehicle license tag identification
6-21 photography and video surveillance, as it deems necessary to aid in
6-22 the collection of tolls and enforcement of toll violations by
6-23 producing recorded images of vehicles driven or towed through toll
6-24 collection facilities. All recorded images produced using such
6-25 devices are for the exclusive use of the Authority in discharging
7-1 its duties under this section, and may not be available to the
7-2 public or used in any court except as provided in this section.
7-3 <(f) Any person who uses any turnpike project and fails or
7-4 refuses to pay the toll provided therefor, shall be punished by a
7-5 fine of not more than One Hundred Dollars ($100) and in addition
7-6 thereto the Authority shall have a lien upon the vehicle driven by
7-7 such person for the amount of such toll and may take and retain
7-8 possession thereof, until the amount of such toll and all charges
7-9 in connection therewith shall have been paid.>
7-10 (g) In the event of nonpayment of the proper toll, as
7-11 evidenced by video or other recording made pursuant to Subsection
7-12 (f), and upon issuance of a proper notice of nonpayment, the
7-13 registered owner of the nonpaying vehicle shall be legally bound to
7-14 pay both the proper toll and an administrative fee. The Authority
7-15 is hereby authorized to fix, revise, charge, and collect the
7-16 administrative fee, so as to recover the cost of collecting the
7-17 unpaid toll, such fee not to exceed one hundred dollars ($100.00).
7-18 The notice of nonpayment to the registered owner shall be sent by
7-19 first class mail no later than 30 days after the alleged failure to
7-20 pay and shall require payment no sooner than 30 days from the date
7-21 the notice was mailed. The registered owner shall pay a separate
7-22 toll and administrative fee for each event of nonpayment.
7-23 <(g) The Authority shall cause an audit of its books and
7-24 accounts to be made at least once in each year by certified public
7-25 accountants and the cost thereof may be treated as a part of the
8-1 cost of construction or of operation of the Turnpike Project.>
8-2 (h) If the registered owner of the vehicle fails to pay the
8-3 proper toll and administrative fee within the time specified by the
8-4 notice of nonpayment issued pursuant to subsection (g), the
8-5 registered owner shall be cited as for other traffic violations for
8-6 the nonpayment, and the owner shall be legally bound to pay a fine,
8-7 not to exceed two hundred fifty dollars ($250.00), for each event
8-8 of nonpayment. Neither the legal obligation to pay nor the actual
8-9 payment of the fine shall affect the legal duty of the owner for
8-10 any other fine or penalty prescribed by law. In the prosecution of
8-11 a violation under this subsection, proof, as evidence by video or
8-12 other recording, that the vehicle passed through a toll collection
8-13 facility without payment of the proper toll, together with proof
8-14 that the defendant was the registered owner of the vehicle when the
8-15 failure to pay occurred, establishes the nonpayment of the
8-16 registered owner. The court of the local jurisdiction in which the
8-17 violation occurred is authorized to assess and to collect the fine,
8-18 in addition to any court costs, provided that the court must also
8-19 collect the proper toll and administrative fee and forward the toll
8-20 and fee to the Authority.
8-21 (i) It is a defense to nonpayment under subsections (f)
8-22 through (k) that the motor vehicle in question was stolen before
8-23 the failure to pay the proper toll occurred and was not recovered
8-24 by the time of the failure to pay, provided the theft was reported
8-25 to the appropriate law enforcement authority before the earlier of
9-1 (i) the occurrence of the failure to pay; or (ii) within 8 hours of
9-2 the discovery of the theft.
9-3 (j) A registered owner who is a lessor of a vehicle
9-4 concerning which a notice of nonpayment was issued pursuant to
9-5 Subsection (g) shall not be legally bound in connection with that
9-6 notice of nonpayment provided that, no later than 30 days from the
9-7 date the notice of nonpayment is mailed, the registered owner
9-8 provides to the Authority a copy of the rental, lease, or other
9-9 contract document covering the vehicle on the date of the
9-10 nonpayment, with the name and address of the lessee clearly
9-11 legible. Failure to provide such information within the time
9-12 period prescribed shall render the lessor as legally bound as the
9-13 registered owner. If the lessor provides the required information
9-14 within the time period prescribed, the lessee of the vehicle on the
9-15 date of the violation shall be deemed to be the owner of the
9-16 vehicle for purposes of this section and shall be subject to
9-17 prosecution for failure to pay the proper toll as if the lessee
9-18 were the registered owner, provided that the Authority sends a
9-19 notice of nonpayment to the lessee by first class mail within 30
9-20 days of receiving the required information from the lessor.
9-21 (k) If a person fails to pay any amount due under this
9-22 section, the Authority shall provide written notice of such
9-23 delinquency to the Texas Department of Transportation, to insure
9-24 that the Texas Department of Transportation shall refuse to accept
9-25 that person's vehicle registration or renewal of registration until
10-1 the amount is paid. At the same time the Authority provides such
10-2 notice to the Texas Department of Transportation, the Authority
10-3 shall provide a copy of the notice to the vehicle owner, with an
10-4 explanation of the consequences of failure to make payment.
10-5 (l) For purposes of this section, a "Transponder" means a
10-6 device, placed on or within an automobile, that is capable of
10-7 transmitting information used to assess or to collect tolls. A
10-8 transponder is "insufficiently funded" when there are no remaining
10-9 funds in the account in connection with which the transponder was
10-10 issued. Any law enforcement officer of the Texas Department of
10-11 Public Safety has the authority to seize a stolen or insufficiently
10-12 funded transponder and to return it to the Authority, provided that
10-13 an insufficiently funded transponder shall not be seized sooner
10-14 than 30 days after the Authority has sent a notice of delinquency
10-15 to the holder of the account.
10-16 (m) The Authority shall cause an audit of its books and
10-17 accounts to be made at least once in each year by certified public
10-18 accountants and the cost thereof may be treated as a part of the
10-19 cost of construction or of operation of the Turnpike Project.
10-20 SECTION 4. Article 6675a-2, Civil Statutes, is amended by
10-21 adding the following:
10-22 (m) If, pursuant to Vernon's Texas Revised Civil Statutes
10-23 Article 6674v, Section 21, the Texas Turnpike Authority has sent to
10-24 the Texas Department of Transportation a notice of an amount due
10-25 and unpaid by the person seeking to register a vehicle, the Texas
11-1 Department of Transportation through the county tax collector may
11-2 not issue a registration for a vehicle until the amount due is paid
11-3 in full and evidence of such payment is submitted with the
11-4 application for registration or renewal of registration. The
11-5 county tax collector, a deputy county tax collector, or a person
11-6 acting on behalf of the county tax collector is not legally
11-7 responsible to any person for refusal to register a motor vehicle
11-8 because of the person's failure to make the payment required under
11-9 this section.
11-10 SECTION 5. EFFECTIVE DATE. This Act takes effect on ___ day
11-11 of __, 1995.
11-12 SECTION 6. EMERGENCY. The importance of this legislation
11-13 and the crowded condition of the calendars in both houses create an
11-14 emergency and an imperative public necessity that the
11-15 constitutional rule requiring bills to be read on three several
11-16 days in each house be suspended, and this rule is hereby suspended,
11-17 and that this Act shall take effect and be in force from and after
11-18 its passage, and it is so enacted.