1-1 By: Cain S.B. No. 1360
1-2 (In the Senate - Filed March 10, 1995; March 20, 1995, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 12, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 13, Nays 0; April 12, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1360 By: Cain
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the operation and management of the Texas Turnpike
1-11 Authority.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 5, Chapter 410, Acts of the 53rd
1-14 Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
1-15 Civil Statutes), is amended by adding Subsections (q) and (r) to
1-16 read as follows:
1-17 (q) The Texas Department of Transportation is authorized to
1-18 expend money, from any source available, for the costs of Turnpike
1-19 Projects, provided that any money expended out of the state highway
1-20 fund shall be repaid to the fund from tolls or other turnpike
1-21 revenue.
1-22 (r) The Authority may hold an open or closed meeting by
1-23 telephone conference call using the following procedures: the
1-24 telephone conference call meeting must satisfy the notice
1-25 requirements applicable to other meetings; the notice of the
1-26 telephone conference call meeting must specify as the location of
1-27 the meeting the Authority's conference room in its offices; and
1-28 each part of the telephone conference call meeting that is required
1-29 to be open to the public shall be audible to the public at the
1-30 location specified, shall be either tape-recorded or documented by
1-31 written minutes, and, on conclusion of the meeting, shall be made
1-32 available to the public in the form of a tape recording or written
1-33 minutes.
1-34 SECTION 2. Section 20a, Chapter 410, Acts of the 53rd
1-35 Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
1-36 Civil Statutes), is amended to read as follows:
1-37 Sec. 20a. <PRIVATE> PARTICIPATION IN PROJECTS. (a) The
1-38 Authority may enter into agreements with public and private
1-39 entities, including toll road corporations, to permit them,
1-40 independently or jointly with the Authority, to construct, to
1-41 maintain, to repair, and to operate turnpike projects;<,> and the
1-42 Authority may authorize the investment of public and private funds,
1-43 including debt and equity participation, as a means for financing
1-44 all or any of the above functions.
1-45 (b) In the construction, maintenance, repair, and operation
1-46 of any new turnpike project and the extension and expansion of any
1-47 existing turnpike project by invested private funding, or by both
1-48 public and private source funding, the Authority may utilize
1-49 exclusive development agreements with private entities in which the
1-50 Authority shall have broad latitude to negotiate the terms and
1-51 conditions for the methods and types of financing and in which it
1-52 may combine and negotiate any or all professional and consulting
1-53 services, construction, operation, and maintenance of such turnpike
1-54 projects.
1-55 (c) Every turnpike project which is the subject of a
1-56 development agreement with a private entity at all times shall be,
1-57 and all the facilities acquired or constructed thereon shall be,
1-58 public property and shall belong to the Authority. However, the
1-59 Authority may enter into agreements which include provisions for
1-60 the leases of rights-of-way, for the granting of easements and for
1-61 the issuance of franchises, licenses, permits, or any lawful uses
1-62 to enable a private entity to construct, to operate, and to
1-63 maintain turnpike projects and those which supplement a turnpike
1-64 project. At the termination of any such agreements, the turnpike
1-65 project and all facilities shall be in a state of proper
1-66 maintenance as determined by the Authority and returned to the
1-67 Authority in satisfactory condition at no further cost.
1-68 (d) The Authority shall not incur any financial obligations
2-1 for a private entity which constructs, maintains or operates a
2-2 turnpike project; and neither the State, the Authority, nor any
2-3 political subdivision of the State shall be liable for any
2-4 financial or other obligations of any turnpike project solely
2-5 because of its being, constructed, financed, or operated in whole
2-6 or in part by a private entity.
2-7 (e) The Authority will be responsible for negotiating in
2-8 every turnpike project where private entities are participants, the
2-9 terms and conditions of private participation which will include:
2-10 (1) methods of determining applicable costs, profit,
2-11 and project distribution between all private equity investors and
2-12 the Authority;
2-13 (2) reasonable methods for determining and classifying
2-14 toll rates;
2-15 (3) acceptable safety and policing standards; and
2-16 (4) all other professional, consultant, construction,
2-17 operation and maintenance standards, expenses, and costs
2-18 applicable.
2-19 (f) The Authority will establish, administratively, the
2-20 rules, procedures, and guidelines which will govern the negotiating
2-21 process with the intention of promoting fairness, of obtaining
2-22 numbers of private participants in turnpike projects, and of
2-23 promoting confidence among such participants. The rules concerning
2-24 the negotiations shall contain criteria for qualifications of the
2-25 participants and for the award of the contracts; and the Authority
2-26 shall maintain updated procedures concerning participation in
2-27 negotiations for all such projects. Agreements are to be upon
2-28 terms determined in the exclusive judgment of the Authority. The
2-29 Authority shall include the Attorney General, or his designee, in
2-30 the negotiations with private participants.
2-31 (g) The Authority also may enter agreements with other
2-32 governmental agencies and entities, including, but not limited to,
2-33 Federal agencies, State agencies of this and other states, the
2-34 United Mexican States and <including> states of the United Mexican
2-35 States <in Mexico>, political subdivisions, and municipalities,
2-36 independently or jointly with private entities to provide services,
2-37 to study feasibility of projects, to finance, to construct, to
2-38 operate, and to maintain turnpike projects pursuant to the other
2-39 terms hereof.
2-40 (h) The Authority is authorized to participate in and may
2-41 designate board members to serve as representatives on boards,
2-42 commissions, or public bodies, the purposes of which are to promote
2-43 the development of joint toll facilities within this State, between
2-44 this and other states, or between this State and the United Mexican
2-45 States or states of the United Mexican States. All fees and
2-46 expenses associated with Authority participation may be reimbursed
2-47 from the Texas Turnpike Authority Feasibility Study Fund.
2-48 SECTION 3. Section 21, Chapter 410, Acts of the 53rd
2-49 Legislature, Regular Session, 1953 (Article 6674v, Vernon's Texas
2-50 Civil Statutes), is amended to read as follows:
2-51 Sec. 21. MISCELLANEOUS. (a) Each Turnpike Project when
2-52 constructed and opened to traffic shall be maintained and kept in
2-53 good condition and repair by the Authority. Each such project
2-54 shall also be policed and operated by such force of police,
2-55 toll-takers, and other operating employees as the Authority may in
2-56 its discretion employ. Within its discretion the Authority may
2-57 make arrangements with the Department of Public Safety for the
2-58 services of police officers of that Agency.
2-59 (b) All private property damaged or destroyed in carrying
2-60 out the powers granted by this Act shall be restored or repaired
2-61 and placed in its original condition as nearly as practicable or
2-62 adequate compensation made therefor out of funds provided under the
2-63 authority of this Act.
2-64 (c) All counties, cities, villages, and other political
2-65 subdivisions and all public agencies and commissions of the State
2-66 of Texas, notwithstanding any contrary provision of law, are hereby
2-67 authorized and empowered to lease, lend, grant, or convey to the
2-68 Authority at its request, upon such terms and conditions as the
2-69 proper authorities of such counties, cities, villages, other
2-70 political subdivisions, or public agencies and commissions of the
3-1 State may deem reasonable and fair and without the necessity for
3-2 any advertisement, order of court, or other action or formality,
3-3 other than the regular and formal action of the authorities
3-4 concerned, any real property which may be necessary or appropriate
3-5 to the effectuation of the authorized purposes of the Authority,
3-6 including highways and other real property already devoted to
3-7 public use.
3-8 (d) An action by the Authority may be evidenced in any legal
3-9 manner, including a resolution adopted by its Board of Directors.
3-10 (e) Any member, agent, or employee of the Authority who
3-11 contracts with the Authority or is interested, either directly or
3-12 indirectly, in any contract with the Authority or in the sale of
3-13 any property, either real or personal, to the Authority, shall be
3-14 punished by a fine of not more than One Thousand Dollars ($1,000).
3-15 (f) Any motor vehicle which is not a police or emergency
3-16 vehicle, driven or towed through a toll collection facility, shall
3-17 pay the proper toll. The Authority may use such technology,
3-18 including automatic vehicle and vehicle license tag identification
3-19 photography and video surveillance, as it deems necessary to aid in
3-20 the collection of tolls and enforcement of toll violations by
3-21 producing recorded images of vehicles driven or towed through toll
3-22 collection facilities. All recorded images produced using such
3-23 devices are for the exclusive use of the Authority in discharging
3-24 its duties under this section and may not be available to the
3-25 public or used in any court except as provided in this section
3-26 <person who uses any turnpike project and fails or refuses to pay
3-27 the toll provided therefor, shall be punished by a fine of not more
3-28 than One Hundred Dollars ($100) and in addition thereto the
3-29 Authority shall have a lien upon the vehicle driven by such person
3-30 for the amount of such toll and may take and retain possession
3-31 thereof, until the amount of such toll and all charges in
3-32 connection therewith shall have been paid>.
3-33 (g) In the event of nonpayment of the proper toll, as
3-34 evidenced by video or other recording made pursuant to Subsection
3-35 (f) of this section, and on issuance of a proper notice of
3-36 nonpayment, the registered owner of the nonpaying vehicle shall be
3-37 legally bound to pay both the proper toll and an administrative
3-38 fee. The Authority is hereby authorized to fix, revise, charge,
3-39 and collect the administrative fee, so as to recover the cost of
3-40 collecting the unpaid toll, not to exceed one hundred dollars
3-41 ($100). The notice of nonpayment to the registered owner shall be
3-42 sent by first class mail no later than 30 days after the alleged
3-43 failure to pay and shall require payment no sooner than 30 days
3-44 from the date the notice was mailed. The registered owner shall
3-45 pay a separate toll and administrative fee for each event of
3-46 nonpayment.
3-47 (h) If the registered owner of the vehicle fails to pay the
3-48 proper toll and administrative fee within the time specified by the
3-49 notice of nonpayment issued pursuant to Subsection (g) of this
3-50 section, the registered owner shall be cited as for other traffic
3-51 violations for the nonpayment, and the owner shall be legally bound
3-52 to pay a fine, not to exceed two hundred fifty dollars ($250), for
3-53 each event of nonpayment. Neither the legal obligation to pay nor
3-54 the actual payment of the fine shall affect the legal duty of the
3-55 owner for any other fine or penalty prescribed by law. In the
3-56 prosecution of a violation under this subsection, proof, as
3-57 evidenced by video or other recording, that the vehicle passed
3-58 through a toll collection facility without payment of the proper
3-59 toll, together with proof that the defendant was the registered
3-60 owner of the vehicle when the failure to pay occurred, establishes
3-61 the nonpayment of the registered owner. The court of the local
3-62 jurisdiction in which the violation occurred is authorized to
3-63 assess and to collect the fine, in addition to any court costs,
3-64 provided that the court must also collect the proper toll and
3-65 administrative fee and forward the toll and fee to the Authority.
3-66 (i) It is a defense to nonpayment under Subsections (f)
3-67 through (j) of this section that the motor vehicle in question was
3-68 stolen before the failure to pay the proper toll occurred and was
3-69 not recovered by the time of the failure to pay, provided the theft
3-70 was reported to the appropriate law enforcement authority before
4-1 the earlier of (1) the occurrence of the failure to pay; or (2)
4-2 eight hours after the discovery of the theft.
4-3 (j) A registered owner who is a lessor of a vehicle
4-4 concerning which a notice of nonpayment was issued pursuant to
4-5 Subsection (g) of this section shall not be legally bound in
4-6 connection with that notice of nonpayment provided that, no later
4-7 than 30 days from the date the notice of nonpayment is mailed, the
4-8 registered owner provides to the Authority a copy of the rental,
4-9 lease, or other contract document covering the vehicle on the date
4-10 of the nonpayment, with the name and address of the lessee clearly
4-11 legible. Failure to provide such information within the time
4-12 period prescribed shall render the lessor legally bound as the
4-13 registered owner. If the lessor provides the required information
4-14 within the time period prescribed, the lessee of the vehicle on the
4-15 date of the violation shall be deemed to be the owner of the
4-16 vehicle for purposes of this section and shall be subject to
4-17 prosecution for failure to pay the proper toll as if the lessee
4-18 were the registered owner, provided that the Authority sends a
4-19 notice of nonpayment to the lessee by first class mail within 30
4-20 days of receiving the required information from the lessor.
4-21 (k) For purposes of this section, a "transponder" means a
4-22 device, placed on or within an automobile, that is capable of
4-23 transmitting information used to assess or to collect tolls. A
4-24 transponder is "insufficiently funded" when there are no remaining
4-25 funds in the account in connection with which the transponder was
4-26 issued. Any law enforcement officer of the Department of Public
4-27 Safety of the State of Texas has the authority to seize a stolen or
4-28 insufficiently funded transponder and to return it to the
4-29 Authority, provided that an insufficiently funded transponder shall
4-30 not be seized sooner than 30 days after the Authority has sent a
4-31 notice of delinquency to the holder of the account.
4-32 (l) The Authority shall cause an audit of its books and
4-33 accounts to be made at least once in each year by certified public
4-34 accountants, and the cost thereof may be treated as a part of the
4-35 cost of construction or of operation of the Turnpike Project. <The
4-36 Authority shall cause an audit of its books and accounts to be made
4-37 at least once in each year by certified public accountants and the
4-38 cost thereof may be treated as a part of the cost of construction
4-39 or of operation of the Turnpike Project.>
4-40 SECTION 4. This Act takes effect September 1, 1995.
4-41 SECTION 5. The importance of this legislation and the
4-42 crowded condition of the calendars in both houses create an
4-43 emergency and an imperative public necessity that the
4-44 constitutional rule requiring bills to be read on three several
4-45 days in each house be suspended, and this rule is hereby suspended,
4-46 and that this Act take effect and be in force from and after
4-47 passage, and it is so enacted.
4-48 * * * * *