SRC-JRN C.S.S.B. 370 75(R)   BILL ANALYSIS


Senate Research Center   C.S.S.B. 370
By: Armbrister
International Relations Trade & Technology
4-15-97
Committee Report (Substituted)


DIGEST 

In 1991, the Texas Department of Transportation department was created by
the 72nd Legislature, as a result of the consolidation of the State
Department of Highways and Public Transportation with the Texas Department
of Aviation and the Texas Motor Vehicle Commission.  The legislature also
declared its intention to merge the Texas Turnpike Authority (TTA) with
the department in 1997. Both the department and TTA are subject to the
Sunset Act and will be abolished September 1, 1997 unless continued by the
legislature.  As a result of its review of these agencies, the Sunset
Advisory Commission recommends continuing the department, consolidating
the function of TTA within the department as a separate independent
division, authorizing the creation of a regional turnpike authority, as
well as several statutory modifications that are contained in this
legislation.  

PURPOSE

As proposed, C.S.S.B.  370 continues the Texas Department of
Transportation for a 12-year period, consolidates Texas Turnpike Authority
within the department, and makes statutory modifications recommended by
the Sunset Advisory Commission.  

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Transportation Commission in
SECTION 1.15 (Section 201.934, Transportation Code), SECTION 1.19(Section
202.097, Transportation Code), SECTION 1.20 (Section 222.097,
Transportation Code), SECTION 1.23 (Section 224.156, Transportation Code),
and SECTION 1.24 (Section 224.159, Transportation Code), to the Texas
Department of Transportation in SECTION 1.12 (Section 222.077(d),
Transportation Code), SECTION 1.30 (Section 623.074, Transportation Code),
SECTION 2.01 (Section 391.003(d), Transportation  Code), SECTION 4.03
(Section 8(g), Article 6675c, V.T.C.S.), SECTION 5.01 (Section 1.02(c),
Article 6687-1a, V.T.C.S.), SECTION 6.01 (Section 4(d), Article 6687-9a,
V.T.C.S.) SECTION 7.16 (Section 361.189, Transportation Code), SECTION
7.22 (Section 362.0041(c), Transportation Code), SECTION 7.23 (Section
366.035(e), Transportation Code); to the Regional Toll Authorities in
SECTION 7.23 (Sections 366.033(a) and (g), 366.035(e) and (f), and
366.171(a), Transportation Code); to the Texas Turnpike Authority division
of the Texas Department of Transportation in SECTION 7.08 (Section
361.042, Transportation Code); and to the Texas Motor Vehicle Commission
in SECTION 3.09 (Section 4.01B(a), Article 4413(36), V.T.C.S.) of this
bill.  

SECTION BY SECTION ANALYSIS

SECTION 1.01.  Amends Section 201.204, Transportation Code, to abolish the
Texas Department of Transportation (department) September 1, 2009, unless
it is continued in existence. 

SECTION 1.02.  Amends Section 201.051(d), Transportation Code, to prohibit
appointment as a Transportation Commission member if the person or the
person's spouse is registered, certified, or licensed by the department. 

SECTION 1.03.  Amends Section 201.057(c), Transportation Code, to add
standard language developed by the Sunset Commission regarding grounds for
commission member removal. 

SECTION 1.04.  Amends Chapter 201B, Transportation Code, by adding Section
201.059, to add standard language developed by the Sunset Commission
regarding training.  Requires a person  appointed to the Texas
Transportation Commission (commission) to complete at least one course of
training to be eligible to take office.  Sets forth requirements of the
training course.  Authorizes a person to be reimbursed for traveling
expenses involved incurred in attending the training program. 

SECTION 1.05.  Amends Section 201.102, Transportation Code, to update
standard language developed by the Sunset Commission requiring the
commission to separate its policy-making responsibilities from the
management responsibilities of the director and staff of the department. 

SECTION 1.06.  Amends Section 201.107(b), Transportation Code, to update
standard language developed by the Sunset Commission requiring the
commission to prepare an annual financial report that meets the reporting
requirements in the General Appropriations Act. 

SECTION 1.07.  Amends Sections 201.203, Transportation Code, as follows:

Sec. 201.203. New heading:  DEPARTMENT OFFICE.  Requires the department to
have its statewide headquarters office in Austin.  Deletes a provision
requiring the department to keep all of its records in that office. 

SECTION 1.08.  Amends Chapter 201D, Transportation Code, by adding Section
201.206, as follows: 

Sec.201.206. DONATIONS AND CONTRIBUTIONS.  Authorizes the department to
accept, from any source, a donation or contribution in any form, including
realty, personalty, money, materials, or services, for the purpose of
carrying out its functions and duties. 

SECTION 1.09.  Amends Sections 201.402 (a) and (b), Transportation Code,
to update standard language developed by the Sunset Commission requiring a
director or a designee to develop an equal employment policy that is
annually updated, reviewed by the Texas Commission on Human Rights, and
filed with the governor's office. 

SECTION 1.10.  Amends Sections 201.404(a) and (b), Transportation Code, to
require the director or the director's designee to develop an intra-agency
career ladder program that addresses opportunities for mobility and
advancement for employees in the department.  Deletes a provision
requiring a program covering all full-time classified and exempt positions
to be developed.  Requires the program to require intra-agency posting of
all positions, rather than nonentry positions.  Requires the director or
the director's designee to develop a system of annual performance
evaluations that are based on documented employee performance.  

SECTION 1.11.  Amends Chapter 201F, Transportation Code, by adding Section
201.406, as follows: 

Sec. 201.406. RELOCATION ASSISTANCE.  Authorizes the department to
reimburse transferred employees for expenses or costs related to selling
existing housing and purchasing and financing comparable replacement
housing if the director determines that the transfer will enhance the
department's ability to accomplish its goals and missions, in addition to
authority granted by other law.  Sets forth expenses or costs relating to
the selling of existing housing and the leasing, purchasing, and financing
of comparable replacement housing that are reimbursable, for the purposes
of this section.  Sets forth prohibitions of the department regarding
reimbursements under this section.  Authorizes the department to pay the
reasonable, necessary, and resulting costs of moving the household goods
and effects of a transferred employee if certain conditions apply. 

SECTION 1.12.  Amends Chapter 201I, Transportation Code, by adding Section
201.705, as follows: 

Sec. 201.705.  PILOT PROJECT ON VEHICLE MAINTENANCE OUTSOURCING. Requires
the department to conduct a two-year pilot project to determine whether
contracting with a private entity for maintenance and repair services of
all department vehicles would be cost-effective.  Requires the study to be
implemented in at least three of the department's  districts.  Requires
the department to assist counties with materials to repair county roads
that are damaged as a result of legally permitted overweight truck
traffic, from any cost savings resulting from the pilot project and from
funds appropriated.  Sets forth the requirements of the department.
Requires the department to submit a report to the legislature on the
results of the pilot program and any recommendations on the continuation
of expansion or the pilot program by January 1, 2001.  Provides that this
section expires January 1, 2001. 

SECTION 1.13.  Amends Section 201.801, Transportation Code, by amending
Subsection (c) and adding Subsection (e), to update standard language
developed by the Sunset Commission regarding complaints filed with the
department. 

SECTION 1.14.  Amends Section 201.802, Transportation Code, by amending
Subsection (b) and adding Subsection (c), to update standard language
developed by the Sunset Commission requiring the director to prepare and
maintain a written plan in a certain manner and to require the department
to comply with certain applicable laws. 

SECTION 1.15.  Amends Chapter 201, Transportation Code, by adding
Subchapter L, as follows: 

SUBCHAPTER L.  ELECTRONIC ISSUANCE OF LICENSES

Sec. 201.931.  DEFINITIONS. Defines "digital signature" and "license."

Sec. 201.932.  APPLICATION FOR AND ISSUANCE OF LICENSE.  Authorizes the
commission by rule to provide for the filing of a license application and
the issuance of a license by electronic means.  Authorizes the commission
to limit applicant eligibility under Subsection (a) if the rules include
reasonable eligibility criteria. 

Sec. 201.933. DIGITAL SIGNATURE.  Provides that a license application
received by the department is considered signed if a digital signature is
transmitted with the application and intended by the applicant to
authenticate the license in accordance with Subsection (b). Authorizes the
department to only accept a digital signature used to authenticate a
license application under certain procedures. 

Sec. 201.934. PAYMENT OF FEES.  Authorizes the commission to adopt rules
regarding the method of payment of a fee for a license issued under this
subchapter.  Provides that the rules may authorize the use of electronic
funds transfer or a valid credit card issued by a financial institution
chartered by a state or the federal government or by a nationally
recognized credit organization approved by the department.  Provides that
the rules may require the payment of a discount or service charge for a
credit card payment in addition to the fee. 

SECTION 1.16.  Amends Chapter 222B, Transportation Code, by adding Section
222.034, as follows: 

Sec. 222.034. DISTRIBUTION OF FEDERAL FUNDS.  Requires federal aid for
transportation purposes that is administered by the commission to be
distributed to the various parts of the state for a funding cycle through
the selection of highway projects in the state in a manner that is
consistent with federal formulas that determine the amount of federal aid
for transportation purposes received by the state.  Provides that a
distribution under this subsection does not include deductions made for
the state infrastructure bank or other federal funds reallocated by the
federal government.  Authorizes the commission to vary from the
distribution procedure provided by Subsection (a) if it issues a ruling or
minute order identifying the variance and providing a particular
justification for the variance. 

SECTION 1.17.  Amends Chapter 222C, Transportation Code, by adding Section
222.053, as follows: 

Sec. 222.053. RELIEF FROM LOCAL MATCHING FUNDS REQUIREMENT.  Defines
"economically disadvantaged county."  Authorizes the commission to
require, request, or  accept from a political subdivision, certain local
incentives to make the most efficient use of its highway funding, except
as provided by Subsection (c).  Sets forth the responsibilities of the
commission in evaluating a proposal to construct, maintain, or extend a
highway or for another type of highway project in a political subdivision
that consists of all or a portion of an economically disadvantaged county.
Authorizes the commission to use its in-kind resources to help satisfy a
federal requirement, in making an adjustment under Subsection (c)(2).
Requires the commission to report annually to certain persons on the use
of matching funds and local incentives and the ability of the commission
to ensure that political subdivisions located in economically
disadvantaged counties have equal ability to compete for highway funding
with political subdivisions in counties that are not economically
disadvantaged. 

SECTION 1.18.  Amends Section 202.052(c), Transportation Code, to require
the department to charge not less than fair market value for the highway
asset, payable in cash, services, tangible or intangible property, or any
combination of cash, services, or property. 

SECTION 1.19.  Amends Chapter 202, Transportation Code, by adding
Subchapter E, as follows: 

SUBCHAPTER E.  TELECOMMUNICATIONS FACILITIES

Sec. 202.091. DEFINITION.  Defines "telecommunications."

Sec. 202.092. USE OF DEPARTMENT FACILITIES.  Prohibits a
telecommunications provider from placing or maintaining its facilities or
otherwise use improvements constructed or installed by the state as
components of the state highway system, except by a lease under Section
202.052 or an agreement under Section 202.093, notwithstanding any other
law. 

Sec. 202.093. AGREEMENT.  Authorizes the department to enter into an
agreement with a telecommunications provider that allows the provider to
place certain communications equipment on state highways for the
provider's commercial purposes.  Authorizes an agreement entered into
under Subsection (a) to provide for compensation between the department
and the telecommunications provider in the form of cash or the shared-use
of facilities. 

Sec. 202.094. COMPETITIVE SEALED PROPOSAL.  Requires the department to
follow a procedure using competitive sealed proposals, before entering
into an agreement with a telecommunications provider under this
subchapter.  Requires the department to solicit proposals by a request for
proposals and to publish notice of the request in at least two newspapers
of general circulation and in the Texas Register.  Requires the proposals
to be opened to avoid disclosure of contents to competing offerors during
the process of negotiation.  Requires all proposals that have been
submitted to be open for public inspection subject to Chapter 552C,
Government Code.  Authorizes the department to discuss an acceptable or
potentially acceptable proposal with an offeror to assess the offeror's
ability to meet the solicitation requirements.  Provides that the
department may permit the offeror to revise the proposal in order to
obtain the best final offer, after submission of a proposal but before
making an award.  Prohibits the department from disclosing any information
derived from proposals submitted from competing offerors in conducting
discussions under this section.  Requires the department to provide each
offeror with an equal opportunity for discussion and revision of
proposals.  Requires the department to make a written award of a contract
to the offeror whose proposal is the most advantageous to the state,
considering price and the evaluation factors in the request for proposals,
except that if none of the offers is acceptable, the department shall
refuse all offers.  Requires the contract file to state in writing the
basis on which the award is made. 

Sec. 202.095. APPLICABILITY.  Prohibits Title 10D, Government Code, from
applying to a procurement under this subchapter.  Provides that this
subchapter does not limit a telecommunications provider from placing lines
or facilities in the unimproved portion of state highway right-of-way to
the extent authorized by applicable law. 

 Sec. 202.096. REVENUE.  Requires the department to deposit in the state
highway fund any revenue received under this subchapter. 

Sec. 202.097. RULEMAKING.  Requires the commission to adopt rules for the
implementation of this subchapter. 

SECTION 1.20.  Amends Chapter 222, Transportation Code, by adding
Subchapter D, as follows:  

SUBCHAPTER D.  STATE INFRASTRUCTURE BANK

Sec. 222.071.  DEFINITIONS.  Defines "bank," "construction," "federal
act," "federal-aid highway," "qualified project," and "secondary funds." 

Sec. 222.072.   STATE INFRASTRUCTURE BANK.  Provides that the state
infrastructure bank is an account in the state highway fund.  Provides
that the bank is administered by the commission.  Authorizes certain funds
to be deposited into the bank and used only for the purposes described in
this subchapter. 

Sec. 222.073.  PURPOSES OF INFRASTRUCTURE BANK.  Sets forth purposes for
the use of money deposited into the bank. 

Sec. 222.074.  FORM OF ASSISTANCE.  Authorizes the commission to use money
deposited to the credit of the bank to provide financial assistance to a
public or private entity for a qualified project for certain purposes.
Provides that financial assistance to a private entity under subsection
(a) is to be limited to a qualified project meeting certain requirements. 

Sec. 222.075.  REVENUE BONDS.  Authorizes the commission to issue revenue
bonds for the purpose of providing money for the bank.  Authorizes the
commission to issue revenue bonds or revenue refunding bonds under this
section without complying with any other law applicable to the issuance of
bonds, except as provided by Subsection (c).  Provides that certain laws
apply to bonds issued by the commission, notwithstanding any other
provision of this section.  Provides that the revenue bonds are special
obligations of the commission payable only from income and receipts of the
bank as the commission may designate. Provides that the income and
receipts include principal of and interest paid on and to be paid on
acquired obligations, other designated obligations held by the bank, or
income from accounts created within the bank.  Provides that the revenue
bonds do not constitute a debt of the state or a pledge of the faith and
credit of the state.  Provides that the commission may require
participants to make charges, levy taxes, or otherwise provide for
sufficient money to pay acquired obligations.  Provides that revenue bonds
issued under this section are to be authorized by order of the commission
and have the form and characteristics and bear the designations as are
provided in the order.  Sets forth requirements of revenue bonds. Requires
all proceedings relating to the issuance of revenue bonds issued under
this section to be submitted to the attorney general for examination.
Sets forth provisions regarding the determination of revenue bonds.
Requires the proceeds received from the sale of revenue bonds to be
deposited in the bank and invested in the manner provided for other funds
deposited under this subchapter. 

Sec. 222.076.  SEPARATE SUBACCOUNTS.  Requires the bank to consist of at
least two separate subaccounts, a highway subaccount and a transit
subaccount. 

Sec. 222.077.  REPAYMENT TERMS; DEPOSIT OF REPAYMENTS; INVESTMENT INCOME.
Requires any funds disbursed through the state infrastructure bank to be
repaid on terms determined by the commission that comply with the federal
act.  Requires certain repayment loans to be deposited in a subaccount.
Sets forth requirements for the investment of funds deposited to the
credit of a subaccount.  Requires the commission to administer the bank in
compliance with the federal act and any applicable federal regulation or
guideline. Authorizes the commission to establish certain rules. 

 Sec. 222.078.  REPORT TO LEGISLATURE.  Requires the department to submit
a report to the legislature on the status of projects funded by the state
infrastructure bank and the use of the bank by January 1, 2001.  Sets
forth information to be included in the report. 

SECTION 1.21.  Amends Chapter 223A, Transportation Code, by adding
Sections 223.012 and 223.013, as follows: 

Sec. 223.012.  CONTRACTOR PERFORMANCE.  Sets forth requirements of the
department for developing a schedule for liquidated damages and reviewing
contractor bidding capacity. 

Sec. 223.013.  ELECTRONIC BIDDING SYSTEM.  Authorizes the department to
establish an electronic bidding system for highway construction and
maintenance contracts.  Requires the system to permit a qualified vendor
to electronically submit certain information. Provides that that part of
Section 223.004(a) requiring a bid to be opened at a public hearing of the
commission does not apply to an electronically submitted bid.  Requires
each electronically submitted bid to be publicly posted within 48 hours
after bids are opened. Requires the department to take the actions
necessary to recover certain costs after the electronic bidding system is
established. 

SECTION 1.22.  Amends Section 223.041, Transportation Code, as follows:

Sec. 223.041. ENGINEERING AND DESIGN CONTRACTS.  Requires the department
to primarily use private sector businesses to accomplish its activities in
preliminary and construction engineering design, including materials
engineering and testing, environmental investigations, and related areas
in which services are available from the private sector. Requires this
goal to be achieved through the policy described by Subsection (b).
Deletes a provision relating to the department's policy regarding the
regular use of private sector professional services.  Authorizes the
department to fill only one of every three positions that becomes vacant
through resignation or termination until certain requirements are met, of
the positions paid out of funds appropriated to the department for certain
purposes.  Deletes a provision requiring the office of the state auditor
to determine relevant costs to be considered under Subsection (a).
Requires the department to report to the Legislative Budget Board by
September 1 of each year on the department's progress in achieving the
goal set by Subsection (b).  Authorizes the Legislative Budget Board to
modify the requirements of Subsection (a) or (b), if after a study by the
Council on Competitive Government, the board finds that it is not possible
for the department to obtain services from the private sector on a
cost-effective basis.  Provides that a study conducted under this section
must meet certain requirements.  Requires the costs of the study to be
paid by the department through interagency contract, if the Legislative
Budget Board makes a request for a study under Subsection (d).  Requires
the study to be managed by the Council on Competitive Government but may
be performed by an independent contractor. 

SECTION 1.23.  Amends Chapter 224E, Transportation Code, by adding Section
224.124, as follows: 

Sec. 224.124. CERTAIN LOCAL SHARE REQUIREMENTS.  Prohibits the department
from requiring more than a 10 percent share from local governments for the
acquisition of right-of-way that is not otherwise acquired by gift, grant,
or donation for a road or highway project in the state highway system,
including a farm-to-market road, if the project meets certain
requirements.  Provides that the right-of-way of the nearest existing
farm-to-market road that substantially parallels a road or highway project
described by Subsection (a) must be part of the approved route of the road
or highway project, regardless of whether all or part of the right-of-way
is acquired by gift, grant, or donation. 

SECTION 1.24.  Amends Chapter 224, Transportation Code, by adding
Subchapter F, as follows: 

SUBCHAPTER F.  CONGESTION MITIGATION PROJECTS AND FACILITIES

 Sec. 224.151. DEFINITIONS.  Defines "congestion," "congestion
mitigation," "high occupancy vehicle," "high occupancy vehicle lane,"
"motor vehicle," and "transportation corporation." 

Sec. 224.152. PURPOSE.  Provides that it is the intent of the legislature
to further the purposes of the U. S. Congress to meet certain requirements
as established in 23 U.S.C. Sections 134, 135, 146, and 149 and in Section
1012(b) of Public Law No. 102-240. Provides that the legislature declares
that it is necessary to further the purposes described by Subsection (a),
to provide for the participation of the commission and the department in
projects and facilities for the purpose of congestion mitigation.   

Sec. 224.153. HIGH OCCUPANCY VEHICLE LANES AUTHORIZED.  Authorizes the
commission to designate and the department or a transportation corporation
to design, construct, operate, or maintain one or more lanes on a
multi-lane highway facility as dedicated to the use of high occupancy
vehicles.  Authorizes the commission to spend or allocate available funds
for certain highway designations. 

Sec. 224.154. CONGESTION MITIGATION.  Provides that the commission may by
order authorize the department or a transportation corporation to charge a
toll for the use of one or more lanes of certain state highway facilities,
notwithstanding any law of this state relating to charging tolls on
existing free public highways.  Authorizes the commissioner by order to
set the amount of toll charges.  Requires any toll charges to be imposed
in a reasonable and nondiscriminatory manner.  Provides that the
department and a transportation corporation are successor agencies to the
Texas Turnpike Authority for purposes of Section 52-b, Article III, Texas
Constitution, for purposes of congestion mitigation projects and
facilities under this subchapter.  Provides that certain revenue and
administrative fees are to be deposited in the state highway fund and used
only for projects for the improvement of the state highway system.
Provides that the powers granted by this section are subject to the
restrictions of 23 U.S.C., Section 129. 

Sec. 224.155. FAILURE OR REFUSAL TO PAY TOLL CHARGES.  Requires any motor
vehicle other than a police or emergency vehicle, that is driven or towed
through a toll collection facility, to pay the proper toll. 

Sec. 224.156. ADMINISTRATIVE FEE; NOTICE.  Provides that the registered
owner of a nonpaying vehicle is legally bound to pay the proper toll and
an administrative fee, on the issuance of proper notice, in the event of
nonpayment of the proper toll.  Requires the commission by rule and a
transportation corporation by order of its board of directors to
respectively fix an administrative fee, not to exceed $100, to recover the
cost of collecting an unpaid toll.  Requires the notice of nonpayment to
be sent to the registered owner by the department by first-class mail by
the 30th day after the date of the alleged failure to pay. Prohibits
payment from being sooner than 30 days after the date the notice was
mailed. Requires the registered owner to pay a separate toll and
administrative fee for each event of nonpayment.  Sets forth provisions
regarding tolls if the registered owner of the vehicle fails to pay the
proper toll. 

Sec. 224.157. PROSECUTIONS.  Provides that certain proof establishes the
nonpayment of toll from the registered owner of a vehicle, in the
prosecution of a violation under Sections 224.155 and 224.156.  Authorizes
the court of the local jurisdiction in which the violation occurred to
assess and collect the fine, in addition to any court costs.  Requires the
court to collect the proper toll and administrative fee and forward the
toll and fee to the department or to the transportation corporation.  Sets
forth a provision for the defense of nonpayment under Section 224.155, if
certain conditions are met.  Provides that a registered owner who is a
lessor of a vehicle concering which a notice of nonpayment was issued
under Section 224.156, is not liable in connection with that notice of
nonpayment if certain conditions are met.  Provides that failure to
provide certain information within the period prescribed renders the
lessor liable as the registered owner.  Provides that the lessee of the
vehicle on the date of the violation is considered to be the owner of the
vehicle for the purposes of this subchapter and is subject to prosecution
for failure to pay the proper toll as if the lessee were  the registered
owner, if certain conditions are met. 

Sec. 224.158. USE AND RETURN OF TRANSPONDERS.  Defines "transponder."
Provides that any law enforcement officer of the Department of Public
Safety has the authority to seize a stolen or insufficiently funded
transponder and to return it to the department or the transportation
corporation.  Prohibits an insufficiently funded transponder from being
seized sooner than 30 days after the date the department or the
transportation corporation has sent a notice of delinquency to the holder
of the account. 


Sec. 224.159. ADOPTION OF RULES; PRESCRIBE FORMS.  Requires the commission
to adopt rules and prescribe forms to administer this subchapter. 

SECTION 1.25.  Amends Section 431.073, Transportation Code, as follows:

Sec. 431.073. New heading:  PROJECTS IN COUNTY OF 500,000 OR MORE OR
ADJACENT COUNTY.  Provides that this section applies only to a
corporation, rather than a corporation in existence on August 31, 1991,
that was created by certain entities to implement a transportation project
in certain counties, including a county with a population of 500,000,
rather than 1.5 million, or more.  Provides that a corporation created by
the state has the rights, powers, privileges, authority, and functions
given the department under this title to perform certain functions, if
approved and authorized by the commission.  Provides that a corporation in
existence on August 31, 1991 has certain powers, rights and privileges.  
SECTION 1.26.  Amends Section 224.033, Transportation Code, as follows:

Sec. 224.033. COUNTY IMPROVEMENT OF STATE SYSTEM.  Authorizes the
commission to enter into an agreement with the commissioners court of a
county for improvement by the county of the state highway system.  Deletes
a provision authorizing a commissioners court to contract with the
department.  Defines "improvement."  Deletes a definition of
"improvement." 

SECTION 1.27.  Amends Title 6B, Transportation Code, by adding Chapter
226, as follows: 

CHAPTER 226.  EMERGENCY HIGHWAY CALL BOX SYSTEM

Sec. 226.001.  DEFINITION.  Defines "emergency response services."

Sec. 226.002. APPLICABILITY; LIMITATION ON EXPENDITURES.  Sets forth
provisions to which this chapter does not apply. 

Sec. 226.003. INSTALLATION, OPERATION, AND MAINTENANCE OF CALL BOX SYSTEM.
Requires the department to provide for the installment, operation, and
maintenance of a system of emergency telephone call boxes along those
highways in this state that are part of the designated highway system.
Sets forth the requirements of the system. Requires the department to
contract with a private entity in order to minimize call processing loads
in public safety answering points established under Chapter 771 or 772. 

Sec. 226.004. LOCATION OF AND DISTANCE BETWEEN CALL BOXES.  Requires the
department to determine the location of the emergency call boxes. 

Sec. 226.005. EMERGENCY TELEPHONE CALL BOX SYSTEM ADVISORY COMMITTEE.
Creates an emergency telephone call box system advisory committee.  Sets
forth the composition and requirements of the committee. 

Sec. 226.006.  OVERSIGHT BY ADVISORY COMMISSION ON STATE EMERGENCY
COMMUNICATIONS.  Sets forth the responsibility of the Advisory Commission
on State Emergency Communications.  Requires the standards to be
applicable throughout the state if the advisory commission establishes
standards for system performance. 

Sec. 226.007. CONTRACTS FOR IMPLEMENTATION AND INSTALLATION OF  CALL BOX
SYSTEM.  Sets forth the requirements of the department regarding the
awarding of contracts and implementation for the call box system. 

Sec. 226.008. INTERGOVERNMENTAL COOPERATION.  Requires certain entities to
cooperate in the design, establishment, operation, and maintenance of the
emergency telephone call box system.  Sets forth responsibilities of local
government authorities. 

Sec. 226.009. FEE; OTHER REVENUE.  Defines "insurer," and "motor vehicle
years of insurance."  Sets forth provisions for fee requirements.
Requires the comptroller to notify the Texas Department of Insurance of
each insurer that fails to pay the fee imposed by this section.
Authorizes the Department of Insurance to revoke the certificate of
authority of an insurer who fails to pay the fee.  Sets forth a provision
for the deposit of fees to the comptroller.  Requires revenue received
from certain entities to be sent to the comptroller for deposit in the
separate account as provided by Subsection (e).  Provides that Section
403.095, Government Code, does not apply to money deposited to the credit
of the state highway fund under this section. 

Sec. 226.010. ANNUAL REPORTS.  Requires the department to file an annual
report with certain persons.  Sets forth the requirements of the report. 

Sec. 226.011. APPLICATION OF SUNSET ACT.  Provides that the Emergency
Telephone Call Box System and the provisions of this Act are subject to
the Texas Sunset Act.  

SECTION 1.28.  Amends Section 251.014, Transportation Code, as follows:

Sec. 251.014.  COUNTY IMPROVEMENT OF STATE HIGHWAY.  Authorizes the
commissioners court of a county to enter into an agreement, rather than a
contract, with the commission, rather than the department, for the county
to carry out a project of the state highway system.  Defines
"improvement."  Deletes a provision that allows a county to enter into
projects or activities that involve maintenance of a state highway or
appurtenant facility. 

SECTION 1.29.  Amends Chapter 455, Transportation Code, by adding Section
455.0015, as follows: 

Sec. 455.0015.  TRANSPORTATION NEEDS OF CLIENTS OF HEALTH AND HUMAN
SERVICES AGENCIES.  Requires the department to consider and include the
transportation needs of those persons who are clients of the health and
human services agencies of this state, in performing its public
transportation planning and funding activities. 

SECTION 1.30.  Amends Section 623.074, Transportation Code, by adding
Subsection (d), to authorize the department by rule to authorize an
applicant to submit an application electronically. Provides that an
electronically submitted application is to be considered signed if a
digital signature is transmitted with the application and intended by the
applicant to authenticate the application. Defines "digital signature." 

SECTION 1.31.  Requires the department to complete a study of alternative
routes for a second transportation link from the mainland to South Padre
Island that would meet certain requirements by April 30, 1998.  Requires
the department to report to the legislature on the department's plans to
implement the recommendations of the study described by Subsection (a) of
this section, by December 31, 1998.  

SECTION 1.32.  Amends Chapter 791C, Government Code, by adding Section
791.031, as follows: 

Sec. 791.031. TRANSPORTATION INFRASTRUCTURE.  Provides that this section
applies only to a local government, other than a school district, that is
authorized to impose ad valorem taxes on real property.  Authorizes the
department to enter into an interlocal contract with a local government to
finance transportation infrastructure.  Sets forth the requirements of the
agreement.  Authorizes the agreement to establish one or more
transportation infrastructure zones.  Authorizes the department and the
local government to  agree that at one or more specified times, the local
government will pay to the department a certain amount.  Prohibits the
amount from exceeding a certain amount.  Provides that money received by
the department under this section is to be used for certain territorial
provisions of the local government. 

SECTION 1.33.  Amends Section 203.051(b), Transportation Code, to provide
that Chapter 21, Property Code, applies to an acquisition by eminent
domain of any property for a state or federal highway.  Defines "state or
federal highway."  Sets forth provisions regarding tracts and parcels of
certain lands that have been condemned. 

ARTICLE 2.  OUTDOOR ADVERTISING

SECTION 2.01.  Amends Section 391.065, Transportation Code, by adding
Subsection (c), to prohibit the commission from adopting a rule under this
chapter that restricts competitive bidding or advertising by the holder of
a license issued under this chapter other than a rule to prohibit false,
misleading, or deceptive practices.  Provides that the limitation provided
by this section applies only to rules relating to the occupation of
outdoor advertiser and does not affect the commission's power to regulate
the orderly and effective display of outdoor advertising under this
chapter.  Prohibits a rule to prohibit false, misleading, or deceptive
practices from restricting certain provisions or relating to the size or
duration of an advertisement by the license holder. 

SECTION 2.02.  Amends Section 391.062, Transportation Code, by adding
Subsection (c), to set forth standard language developed by the Sunset
Commission regarding the notification of a person of impending license
expiration by the commission. 

SECTION 2.03.  Amends Section 391.066(a), Transportation Code, by amending
Subsection (a), to update standard language developed by the Sunset
Commission that authorizes the commission to place on probation a license
holder whose license is suspended.  Authorizes the department to require
the license holder to report to the commission. 

ARTICLE 3.  TEXAS MOTOR VEHICLE COMMISSION CODE

SECTION 3.01.  Amends Section 2.02A, Article 4413(36), V.T.C.S., to
require appointments  to the commission to be made without regard to the
race, color, disability, sex, religion or national origin of the
appointee. 

SECTION 3.02.  Amends Article 4413(36), V.T.C.S., by adding Section 2.035,
as follows: 

Sec. 2.035.  TRAINING ON DEPARTMENT AND CERTAIN LAWS RELATING TO
DEPARTMENT.  Adds standard language developed by the Sunset Commission
regarding training. 

SECTION 3.03.  Amends Section 2.08(b), Article 4413(36), V.T.C.S., to
delete certain provisions regarding the open meetings law.  Adds standard
language developed by the Sunset Commission to provide that the commission
is subject to Chapters 551 and 2001, Government Code.    

SECTION 3.04.  Amends Section 2.08A(c), Article 4413(36), V.T.C.S., to
update standard language developed by the Sunset Commission that defines
grounds for removing a member of the board.   

SECTION 3.05.  Amends Section 2.09(e), Article 4413(36), V.T.C.S., to
require the the commission to develop and implement policies that clearly
separate the policy-making and management responsibilities of the
executive director and staff of the commission. 

SECTION 3.06.  Amends Section 2.10(b), Article 4413(36), V.T.C.S., to
require the annual report to comply with each reporting requirement
applicable to financial reporting.  Deletes a provision requiring the
report to be in the form and reported in the time provided by the General
Appropriations Act.   

SECTION 3.07.  Amends Section 2.12, Article 4413(36), V.T.C.S., to add
standard language  developed by the Sunset Commission regarding
complaints.  

SECTION 3.08.  Amends Sections 2.13(a), (b), and (d), Article 4413(36),
V.T.C.S., to require an intra agency career ladder program to be developed
that addresses opportunities for mobility and advancement of employees in
the commission.  

SECTION 3.09.  Amends Section 4.01B, Article 4413(36), V.T.C.S., as
follows: 

Sec. 4.01B.  New heading:  LICENSE EXPIRATION.  Authorizes the commission,
by rule, to implement a system under which licenses expire on various
dates during the year.  Requires license fees to be prorated for years in
which a license expiration date is changed.  Requires the entire license
renewal fee to be payable upon the renewal of the license. 

ARTICLE 4.  MOTOR CARRIERS

SECTION 4.01.  Amends Section 3(i), Article 6675c, V.T.C.S., to add
standard language developed by the Sunset Commission regarding motor
carrier's registration. 

SECTION 4.02.  Amends Section 7, Article 6675c, V.T.C.S., by amending
Subsections (a)-(d) and adding Subsection (e), to authorize the department
to place on probation a motor carrier whose registration is suspended if
certain conditions are met. Authorizes the department to require the
carrier to report regularly to the department on any matter that is the
basis of the probation. 

SECTION 4.03.  Amends Section 8, Article 6675, V.T.C.S., by adding
Subsection(g), to add standard language developed by the Sunset Commission
regarding adopting rules that restrict competitive bidding or advertising
by a motor carrier except to prohibit false, misleading or deceptive
practices. 

ARTICLE 5.  SALVAGE VEHICLE DEALERS

SECTION 5.01.  Amends Section 1.02, Article 6687-1a, V.T.C.S., by adding
Subsection (c) to provide standard language developed by the Sunset
Commission regarding a prohibition against the commission adopting rules
that restrict competitive bidding or advertising by a salvage vehicle
dealer except to prohibit false, misleading or deceptive practices. 

SECTION 5.02.  Amends Section 2.07, Article 6687-1a, V.T.C.S., by amending
Subsections (a) and (b) and by adding Subsections (c)-(f), to set forth
standard language developed by the Sunset Commission that establishes a
method for salvage vehicle dealer license renewal. 

SECTION 5.03.  Amends Section 4.01(b), Article 6687-1a, V.T.C.S., to set
forth standard language developed by the Sunset Commission regarding
adoption of rules. 

ARTICLE 6.  VEHICLE STORAGE FACILITY ACT

SECTION 6.01.  Amends Section 4, Article 6687-9a, V.T.C.S., by adding
Subsection (d) to add standard language developed by the Sunset Commission
prohibiting the commission from adopting certain rules. 

SECTION 6.02.  Amends Section 9(a), Article 6687-9a, V.T.C.S., by adding
standard language developed by the Sunset Commission, regarding a method
for vehicle storage facility license renewal. 

SECTION 6.03.  Amends Section 10, Article 6687-9a, V.T.C.S.,  by adding
Subsections (e) and (f) to add standard language developed by the Sunset
Commission, regarding persons on probation. 

ARTICLE 7.  TURNPIKES

SECTION 7.01.  Amends Chapter 222, Transportation Code, by adding
Subchapter E, as follows: 

SUBCHAPTER E.  TOLL FACILITIES
  
Section 222.101.  EXPENDITURE OF MONEY.  Authorizes  the department to
expend funds from any source on the construction, maintenance, and
operation of toll facilities.   

Section 222.102.  TEMPORARY TOLL PROJECTS.  Authorizes the department to
recover the cost of a preventative maintenance or rehabilitation project
on a nontoll segment of the state highway system by temporarily imposing a
toll charge.   

Section 222.103.  COST PARTICIPATION.  Authorizes the department to
participate in a private or public tollway project, on terms established
by the commission.  Provides that an entity that participates in a project
with the department is a successor agency to the Texas Turnpike Authority
(TTA) for the purposes of Section 52-b, Article III, Texas Constitution.  
SECTION 7.02.  Amends Section 362.055, Transportation Code, to provide
that this chapter does not apply to a regional tollway authority created
under Chapter 366. 

SECTION 7.03.  Amends Section 361.001, Transportation Code, to define
"authority," "turnpike project," and "regional tollway authority."
Deletes a definition of "highway." 

SECTION 7.04.  Amends Section 361.031, Transportation Code, to provide
that TTA is a division of the department that has full authority to
exercise all powers granted to it under this chapter.  Sets forth
authorization powers and responsibilities of TTA.  Authorizes TTA to use
the facilities and personnel of the department in the same manner as other
divisions of the department to perform its functions under this chapter.
Requires the comptroller to assign a separate agency number to TTA. 

SECTION 7.05.  Amends Sections 361.032 (a), (b), (c), (e), and (g),
Transportation Code, to require the board to be composed of seven
directors.  Requires the governor, with the advice and consent of the
senate, to appoint six directors who represent the public.  Provides that
the chair or a member of the commission designated by the chair serves as
ex officio board member.  Sets forth terms of directors and
responsibilities of the commission. 

SECTION 7.06.  Amends Section 361.033, Transportation Code, to update
standard language developed by the Sunset Commission regarding conflict of
interest. 

SECTION 7.07.  Amends Section 361.042, Transportation Code, to update
standard language developed by the Sunset Commission regarding general
powers and duties of TTA. 

SECTION 7.08.  Amends Section 361.055, Transportation Code, to set forth
entities that are considered successor agencies to TTA.  Provides that a
municipality that operates or otherwise receives a turnpike project under
Subchapter H, the department, and a public or private entity authorized to
receive funds from the department for the construction, maintenance, or
operation of toll projects, are considered successor agencies for the
purposes of Section 52-b, Article III, Texas Constitution.  

SECTION 7.09.  Amends Section 361.132, Transportation Code, to authorize
the board of directors of the authority (board) to acquire certain
property it determines necessary or convenient for certain purposes of
carrying out this chapter.  Provides that the real property TTA is
authorized to acquire may include certain provisions.  Sets forth
provisions of the board, rather than TTA, regarding the acquisition of
real property.  Provides that property necessary or convenient for the
construction or operation of a turnpike project under Subsection (a)
includes an interest in real property, a property right, or materials that
TTA determines are necessary or convenient to meet certain objectives.
Requires TTA to comply with all applicable relocation assistance
procedures.  Authorizes TTA to acquire certain materials as necessary to
carry out a purpose under this chapter. 

SECTION 7.10.  Amends Section 361.135, Transportation Code, to authorize
the board, with the concurrence of the commission, to acquire public or
private real property in the name of the state, if certain conditions
apply.  Authorizes the board, with the concurrence of the commission, to
condemn real property that TTA determines meets certain conditions, among
which includes the property being necessary for access, approach, and
interchange roads, or necessary for supplemental  facilities of TTA.
Deletes provisions authorizing the condemning of certain real property and
authorizing TTA to construct a supplemental facility.  Makes conforming
changes. 

SECTION 7.11.  Amends Section 361.136, Transportation Code, to delete a
provision that requires TTA to provide and maintain a passageway over or
under a turnpike project for the owner of severed real property in excess
of 80 acres.  Deletes a provision that requires TTA to sell and  dispose
of all severed property within two years.  

SECTION 7.12.  Amends Chapter 361D, Transportation Code, by adding Section
361.142, as follows: 

Sec. 361.142. COVENANTS, CONDITIONS, RESTRICTIONS, OR LIMITATIONS.
Provides that covenants, conditions, restrictions, or limitations
affecting property acquired in any manner by the authority are not binding
against the authority and do not impair the authority's ability to use the
property for a purpose authorized by this chapter.  Provides that the
beneficiaries of the covenants, conditions, restrictions, or limitations
are not entitled to enjoin the authority from using the property for a
purpose authorized under this chapter, but this section does not affect
the right of a person to seek damages to the person's property under
Section 17, Article I, Texas Constitution.  

SECTION 7.13.  Amends Section 361.180, Transportation Code, as follows:

Sec. 361.180.  New heading:  TOLLS ON CONVERTED HIGHWAYS.  Authorizes the
commission to impose a toll for transit over an existing free public
highway if the highway has been converted to a toll facility under Section
222.072 or 362.0041. 

SECTION 7.14.  Amends Section 361.184, Transportation Code, to authorize
the board to transfer, or direct TTA to transfer certain funds into the
project revolving fund, including advances from the state highway fund. 

SECTION 7.15.  Amends Section 361.189, Transportation Code, to authorize
the commission to authorize the use of surplus revenue to pay the costs of
another turnpike project and a toll-free project.  Deletes a provision
that prohibits the commission from taking action under this section that
violates Subsection (b).  Deletes existing Subsections (b) and (c)
regarding surplus revenue of a turnpike project. 

SECTION 7.16.  Amends Section 361.232, Transportation Code, to provide
that this section does not apply to the conversion of any highway that is
a part of the state highway system to a turnpike project. 

SECTION 7.17.  Amends Section 361.237, Transportation Code, to provide
that a turnpike project is a public road subject to all laws applicable to
the regulation and control or traffic.  Deletes provisions establishing
certain responsibilities of TTA. 

SECTION 7.18.  Amends Section 361.238, Transportation Code, as follows:

Sec. 361.238. New heading:  PAYMENT OF BOND INDEBTEDNESS; CESSATION OR
CONTINUATION OF TOLLS.  Provides that a turnpike project becomes a
toll-free highway when certain conditions apply, among which includes,
firm banking and financial arrangements have been made for the discharge
and final payment or redemption of the bonds in accordance with Article
717k, V.T.C.S., except as provided by Subsection (b).  Deletes a provision
regarding bonds.  Authorizes the commission to continue to charge a toll
if the conditions of Subsections (a)(1) and (2) are met.  Deletes existing
Subsections (b)-(d) regarding a turnpike project. 

SECTION 7.19.  Amends Chapter 361H, Transportation Code, as follows:

SUBCHAPTER H.  New heading:  TRANSFER OF TURNPIKE PROJECT TO 
COUNTY, MUNICIPALITY, REGIONAL TOLLWAY AUTHORITY, OR
 LOCAL GOVERNMENT CORPORATION

SECTION 7.20.  Amends Sections 361.281, 361.282, and 361.285,
Transportation Code, as follows:.  
Sec. 361.281.  APPLICABILITY OF SUBCHAPTER.  Provides that this subchapter
applies only to certain entities, including a municipality with a
population of more than 120,000 that is adjacent to the United Mexican
States, or a regional tollway authority created under Chapter 366. 

Sec. 361.282.  LEASE, SALE, OR CONVEYANCE OR TURNPIKE PROJECT. Authorizes
TTA to convey a turnpike project to a county, municipality, regional
tollway authority, or a local government corporation created under Chapter
431.  Requires a turnpike being transferred to be in the best interest of
the state and of the entity receiving the turnpike project. 

Sec. 361.285.  APPROVAL OF AGREEMENT BY ATTORNEY GENERAL.  Makes a
conforming change. 

SECTION 7.21.  Amends Section 361.331, Transportation Code, to authorize
TTA to designate two or more turnpike projects that are wholly or partly
located in a metropolitan planning organization, rather than a planning
region of a council of governments, after certain processes are
accomplished. Deletes the process for turnpike designation that requires
an adopted resolution of the commissioners court of that county. 

SECTION 7.22.  Amends Section 362.0041, Transportation Code, as follows:

Sec. 362.0041.  New heading:  CONVERSION OF PROJECTS.  Authorizes the
commission to convert a free state highway to a turnpike project of the
turnpike division if it is the most feasible and economic means to
accomplish necessary expansion improvement. Deletes existing Subsections
(b) and (c), regarding a transferred highway.  Makes conforming and
nonsubstantive changes. 

SECTION 7.23.   Amends Title 6G, Transportation Code, by adding Chapter
366, as follows: 

 CHAPTER 366.  REGIONAL TOLLWAY AUTHORITIES
SUBCHAPTER A. GENERAL PROVISIONS

Sec. 366.001.  SHORT TITLE:  Regional Tollway Authority Act.  

Sec. 366.002. PURPOSES; LIBERAL CONSTRUCTION.  Provides that the purposes
of the chapter are to expand and to improve transportation in the state,
create regional tollway authorities to secure rights-of-way for urgently
needed transportation systems, to plan, design, construct and operate
these systems, and to reduce the financial burdens and demands on the
commission.  Requires this chapter to be liberally construed to effect its
purposes. 

Sec. 366.003.  DEFINITIONS.    Defines "authority," "board," "bond," "bond
proceedings," "bond resolution," "bondholder," "highway," "local
government entity," "revenue," "system," and "turnpike project." 

Sec. 366.004.  CONSTRUCTION COSTS DEFINED.  Provides that the cost of
acquisition, construction, improvement, extension, or expansion of a
turnpike project or system under this chapter includes certain costs.
Authorizes costs attributable to a turnpike project or system and incurred
before the issuance of bonds to finance the turnpike project or system to
be reimbursed from the proceeds of sale of the bonds.  

SUBCHAPTER B.  CREATION AND POWERS OF REGIONAL TOLLWAY AUTHORITIES

Sec. 366.031.  CREATION AND EXPANSION OF A REGIONAL TOLLWAY AUTHORITY.
Authorizes two or more counties, acting through their respective
commissioners courts, by order passed by each commissioners court, to
create a regional tollway authority under this chapter under certain
conditions.  Provides that an authority is automatically approved 180 days
after it is created by order of the respective commissioners courts,
unless the commission disapproval prior to the 180th day, for an authority
created under subsection (a).  Authorizes a commissioners court, by
resolution, to petition an established regional tollway authority
(authority) for inclusion in an authority if the county is contiguous to a
county that initially created the authority.  Provides that upon approval
of the board of an authority receiving a petition under Subsection (b),
the county becomes part of an authority. 

Sec. 366.032.  NATURE OF REGIONAL TOLLWAY AUTHORITY.  Provides that an
authority created under this chapter is a body politic and corporate and a
political subdivision of this state.  Provides that an authority is a
governmental unit as that term is defined in Chapter 101, Civil Practice
and Remedies Code.  Sets forth provisions regarding the exercise by an
authority of the powers conferred by this chapter in the acquisition,
design, financing, construction, operation, and maintenance of a turnpike
project or system.  Provides that the operations of an authority are
governmental, not proprietary, functions. 

Sec. 366.033.  GENERAL POWERS.  Authorizes an authority, acting through
its board, without state approval, supervision, or regulation, to  take
certain actions and adopt certain rules for the regulation of its affairs
and the conduct of its business. 

Sec. 366.034.  ESTABLISHMENT OF TURNPIKE SYSTEMS.  Sets forth provisions
applicable if an authority determines that the traffic needs of the
counties in which it operates and the traffic needs of the surrounding
region could be most efficiently and economically met by jointly operating
two or more turnpike projects as one of operational and financial
enterprise.  

Sec. 366.035.  CONVERSION OF STATE HIGHWAY SYSTEM PROJECTS.  Sets forth
provisions applicable if the commission determines that the most feasible
and economic means to accomplish necessary expansions, improvements, or
extensions to the state highway system is the conversion to a turnpike
project of a segment of the free state highway system. Requires an
authority to reimburse the commission for the cost of a transferred
highway, unless the commission determines the transfer will result in net
benefits to the state, the department, and the traveling public that
exceed that cost.  Sets forth provisions regarding that cost and costs
anticipated.  Sets forth additional requirements for the commission and
provisions regarding notice and rules.  Requires an authority to adopt
certain rules.   
 
SUBCHAPTER C.  FEASIBILITY OF REGIONAL TURNPIKE PROJECTS

Sec. 366.071.  EXPENDITURES FOR FEASIBILITY STUDIES.  Sets forth
provisions regarding an authority and expenses of studying the cost and
feasibility and other expenses. Sets forth provisions regarding money
spent under this section and the use of any money of a turnpike project or
system to study certain feasibility. 

Sec. 366.072.  FEASIBILITY STUDY FUND.  Authorizes an authority to
maintain a feasibility study fund and sets forth provisions regarding the
fund.  Sets forth additional provisions regarding the feasibility
authority fund and money used the fund.  Sets forth provisions regarding
money spent under Subsection (c).  Authorizes an authority to borrow money
and issue promissory notes or other interest-bearing evidence of
indebtedness payable out of its feasibility study fund for a purpose
described by Subsection (c).   

Sec.  366.073.  FEASIBILITY STUDY BY MUNICIPALITY, COUNTY, OTHER LOCAL
GOVERNMENTAL ENTITY, OR PRIVATE GROUP. Authorizes municipalities,
counties, local governments and private groups or a combination of these
entities to pay all or part of certain expenses.   Sets forth provisions
regarding money spent under Subsection (a) for an authority's proposed
turnpike project or system. 

SUBCHAPTER D. TURNPIKE FINANCING
 
Sec. 366.111.  TURNPIKE REVENUE BONDS.  Authorizes an authority, by
adoption of a bond resolution, to authorize the issuance of bonds to pay
certain costs.  Sets forth provisions regarding the bonds of each issue.
Authorizes an authority to sell the bonds at public or private sale in the
manner and for the price it determines to be in the authority's's best
interest.  Sets forth provisions regarding the proceeds of each bond
issue.  Sets forth provisions regarding the issuance of additional bonds
to pay the costs of a turnpike project or system.  Sets forth provisions
applicable if the proceeds of a bond issue exceed the cost of the turnpike
project or system for which the bonds were issued.  Sets forth provisions
regarding bonds issued under this chapter. 

Sec. 366.112.  INTERIM BONDS.  Authorizes an authority, before issuing
definitive bonds, to issue interim bonds, with or without coupons,
exchangeable for definitive bonds. Authorizes the interim bonds to be
authorized and issued in accordance with this chapter, without regarding
to the requirements, restrictions, or procedural provisions contained in
any other law.  Authorizes a bond resolution authorizing interim bonds to
provide that the interim bonds recite that the bonds are issued under this
chapter.   

Sec. 366.113.  PAYMENT OF BONDS;  STATE AND COUNTY CREDIT NOT PLEDGED.
Provides that the principal of, interest on, and any redemption premium on
bonds issued by an authority are payable solely from certain amounts.
Provides that bonds issued under this chapter do not constitute a debt of
the state or any of the counties of an authority or a pledge of the faith
and credit of the state or any of the counties.  Sets forth requirements
for each bond.  Prohibits an authority from incurring financial
obligations that cannot be paid from revenue derived from owning or
operating the authority's turnpike projects and systems or from other
revenue provided by law. 

Sec. 366.114.  EFFECT OF LIEN.  Provides that a lien on or a pledge of
revenue from a turnpike project or system under this chapter or on a
reserve, replacement, or other fund established in connection with a bond
issued under this chapter has certain characteristics. Provides that a
bond resolution is not required to be recorded except in the regular
records of the authority. 

Sec. 366.115.  BOND INDENTURE.  Authorizes the bonds issued under this
chapter to be secured by a bond indenture between the authority and a
certain corporate trustee or a certain bank.  Sets forth additional
provisions regarding a bond indenture.  Authorizes the expenses incurred
in carrying out a trust agreement to be treated as part of the cost of
operating the turnpike.  Sets forth certain authorizations for an owner or
trustee of a bond issued under this chapter. 

Sec. 366.116.  APPROVAL OF BONDS BY ATTORNEY GENERAL.  Requires an
authority to submit to the attorney general for examination a transcript
of proceedings relating to bonds authorized under this chapter.  Requires
the transcript to include the bond proceedings and any contract securing
or providing revenue for the payment of the bonds. Sets forth provisions
applicable if the attorney general determines that the bonds, the bond
proceedings, and any supporting contract are authorized by law.  Requires
the comptroller to register the record of proceedings.  Provides that
after approval by the attorney general, the bonds, the bond proceedings,
and any supporting contract are valid, enforceable, and incontestable in
any court or other forum for any reason and are binding obligations
according to their terms for all purposes.   

Sec. 366.117.  FURNISHING OF INDEMNIFYING BONDS OR PLEDGES OF SECURITIES.
Sets forth provisions regarding a bank or trust company incorporated under
the laws of this state that acts as depository of the proceeds of bonds or
of revenue. Authorizes bonds of an authority to secure the deposit of
public money of the state or a political subdivision of the state to the
extent of the lesser of the face value of the bonds or their market value. 

Sec. 366.118.  APPLICABILITY OF OTHER LAW; CONFLICTS.  Sets forth
provisions  regarding laws that apply to bonds issued under this chapter.
Provides that to the extent of a conflict between certain laws and this
chapter, this chapter prevails.   

SUBCHAPTER E. ACQUISITION, CONSTRUCTION, AND OPERATION OF TURNPIKE PROJECTS

Sec. 366.161. TURNPIKE PROJECTS EXTENDING INTO OTHER COUNTIES. Authorizes
an authority to acquire, construct, operate, maintain, expand, or extend a
turnpike project in certain counties.   

Sec. 366.162.  POWERS AND PROCEDURES OF AUTHORITY IN ACQUIRING PROPERTY.
Authorizes an authority to construct or improve a turnpike project on real
property, including a right-of-way acquired by the authority or provided
to the authority for that purpose by the commission, a political
subdivision of this state, or any other local governmental entity.
Provides that except as provided by this chapter, an authority has the
same powers and may use the same procedures as the commission in acquiring
property. 

Sec. 366.163.  ACQUISITION OF PROPERTY.  Authorizes an authority to
acquire certain public or private real and other property.  Sets forth
provisions regarding the property an authority is authorized to acquire.
Authorizes an authority to acquire real property by any method, including
purchase and condemnation.  Authorizes an authority to purchase public or
private real property on the terms and at the price the authority and the
property owner consider reasonable.  Provides that covenants, conditions,
restrictions, or limitations affecting property acquired in any manner by
the authority are not binding against the authority and do not impair the
authority's ability to use the property for a purpose authorized by this
chapter. Sets forth the restrictions to the beneficiaries of the
covenants, conditions, restrictions, or limitations. 

Sec. 366.164.  RIGHT OF ENTRY.  Authorizes an authority, in order to
acquire property necessary or useful in connection with a turnpike
project, to enter any real property, water, or premises to make a survey,
geotechnical evaluation, sounding or examination.  Provides that an entry
under Subsection (a) is not a trespass or an entry under a pending
condemnation proceeding.   

Sec. 366.165.  CONDEMNATION OF REAL PROPERTY.  Authorizes an authority to
acquire public or private real property by the exercise of the power of
condemnation under the laws applicable to the exercise of that power on
property for public use under certain conditions.  Authorizes an authority
to condemn real property that the authority makes certain determinations
about.  Sets forth provisions regarding an authority's acquisition of any
real or other property of the commission under this section or any other
section of this chapter, or an authority's relocation, rerouting,
disruption, or alteration of any facility of the commission.   

Sec. 366.166.  DECLARATION OF TAKING.  Authorizes an authority to file a
declaration of taking with the clerk of a certain court.  Authorizes an
authority to file the declaration of taking concurrently with or
subsequent to the petition, but prohibits the authority from filing the
declaration after the special commissioners have made an award in the
condemnation proceeding.  Sets forth requirements regarding the
declaration of taking.  Sets forth provisions regarding a deposit to the
registry of the court of an amount equal to the appraised fair market
value.   Authorizes the authority to tender in favor of the owner of the
subject property a bond or other security in a certain amount.  Sets forth
a provision regarding the date on which the declaration is filed.
Authorizes an owner to draw upon the deposit held by the court under
Subsection (d) on the same terms and conditions as are applicable under
state law to a property owner's withdrawal of a commissioners' award under
Section 21.021(a)(1), Property Code.  Sets forth provisions regarding a
property owner that is a defendant in an eminent domain action filed by an
authority under this chapter. 

Sec. 366.167.  POSSESSION OF PROPERTY.  Requires an authority, immediately
upon the filing of a declaration of taking, to serve a copy of the
declaration on each person possessing  an interest in the condemned
property by a method prescribed by Section 21.016(d), Property Code.
Requires an authority to file evidence of the service with the clerk of
the court. Authorizes an authority take to take possession of the
property, upon the filing of that evidence, on the same terms as if a
commissioners hearing had been conducted, pending the litigation.  Sets
forth provisions applicable if the condemned property is a homestead or a
portion of a homestead.  Provides that a property owner or tenant who
refuses to vacate the property or yield possession is subject to forcible
entry and detainer under Chapter 24, Property Code.   

Sec. 366.168.  SEVERANCE OF REAL PROPERTY.  Sets forth requirements
applicable if an authority's turnpike project severs a property owner's
real property.  Authorizes an authority, at its option, to negotiate for
and purchase the severed real property or any part of the severed real
property under certain conditions.  Authorizes an authority to seek and
dispose of severed real property that it determines is not necessary or
useful to the authority. Requires severed property to be appraised before
being offered for sale by an authority. 

Sec. 366.169.  ACQUISITION OF RIGHTS IN PUBLIC REAL PROPERTY.  Authorizes
an authority to use real property owned by the state or a local
governmental entity that the authority considers necessary for the
construction or operation of a turnpike project. Authorizes the state or a
local governmental entity having charge of public real property to consent
to the use of the property for a turnpike project.  Authorizes, except as
provided by Section 366.035, the state or a local governmental entity to
convey, grant, or lease to an authority real property that may be
necessary or convenient to accomplish the authority's purposes, including
the construction or operation of a turnpike project.  Authorizes a
conveyance, grant, or lease under this section to be made without
advertising, court order, or other action other than the normal action of
the state or local governmental entity necessary for a conveyance, grant,
or lease. Provides that this section does not deprive the School Land
Board of the power to execute certain leases.  Authorizes the leases to
provide for directional drilling from the adjoining property or tidewater
area. 

Sec. 366.170.  COMPENSATION FOR AND RESTORATION OF PUBLIC PROPERTY.
Prohibits an authority, with an exception, from paying compensation for
public real property, parkways, streets, highways, alleys, or reservations
it takes, except for parks and playgrounds or as provided by this chapter.
Requires public property damaged in the exercise of powers granted by this
chapter to be restored or repaired and placed in its original condition as
nearly as practicable.  Provides that an authority has full easements and
rights-of-way through, across, under, and over any property owned by the
state or any local governmental entity that are necessary or convenient to
certain purposes. 

Sec. 366.171.  PUBLIC UTILITY FACILITIES.  Authorizes an authority to
adopt rules for the installation, construction, operation, maintenance,
repair, renewal, relocation, and removal of a public utility facility in,
on, along, over, or under a turnpike project.  Sets forth provisions
applicable if an authority determines that it is necessary that a public
utility facility located in, on, along, over, or under a turnpike project
be relocated in the turnpike project, removed from the turnpike project,
or carried along or across the turnpike project.  Authorizes the authority
to reduce the total costs to be paid by the authority under Subsection (b)
by 10 percent for each 30-day period or portion of a 30-day period by
which the relocation exceeds the limit specified by the authority.  Sets
forth provisions applicable if an owner or operator of a public utility
facility does not timely remove or relocate as required under Subsection
(b). Provides that Article 1436a, V.T.C.S., applies to the erection,
construction, maintenance, and operation of lines and poles owned by a
corporation described by Section 1 of that Act over, under, across, on,
and along a turnpike project or system constructed by an authority.  Sets
forth certain powers and duties of an authority.  Provides that the laws
of this state that are applicable to the use of public roads, streets, and
waters by a telephone and telegraph corporation apply to the erection,
construction, maintenance, location, and operation of a line, pole, or
other fixture by a telephone and telegraph corporation over, under,
across, on, and along a turnpike project or system constructed by an
authority under this chapter.  Defines "public utility facility." 

 Sec. 366.172.  LEASE, SALE, OR CONVEYANCE OF TURNPIKE PROJECT. Authorizes
an authority to lease, sell, or convey in another manner a turnpike to the
department, a county, or a local government corporation created under
Chapter 431.  Sets forth a provisions regarding an agreement to lease,
sell, or convey a turnpike project under this section. 

Sec. 366.173.  REVENUE.  Authorizes an authority to impose tolls and
contract with a person for certain purposes.  Requires tolls to be set
according to certain guidelines.  Provides that tolls are not subject to
supervision or regulation by any state agency or other local governmental
entity.  Sets forth provisions regarding the setting aside of tolls and
other revenue derived from a turnpike project or system for which bonds
are issued for certain payments.  Provides that use and disposition of
money to the credit of the sinking fund is subject to the bond
proceedings.  Authorizes the use of revenue from one turnpike project of
an authority, to a certain extent, to be used to pay the cost of other
turnpike projects of the authority.  Prohibits an authority from using
revenue from its turnpike projects in a manner not authorized by this
chapter.  Prohibits revenue generated from a turnpike project from being
applied for a purpose or to pay a cost other than a cost or purpose that
is reasonably related to or anticipated for a turnpike project.  

Sec. 366.174.  AUTHORITY REVOLVING FUND.  Authorizes an authority to
maintain a revolving fund.  Authorizes an authority to transfer into its
revolving fund money from any permissible source, including certain
moneys, advances, and contributions.  Authorizes the authority to use the
money in the revolving fund for certain purposes.  Sets forth a provision
regarding money spent or advanced from the revolving fund for a turnpike
project or system. 


Sec. 366.175.  USE OF SURPLUS REVENUE.  Authorizes the board of an
authority, by resolution, to authorize the use of surplus revenue of a
turnpike project or system to pay certain costs.  Sets forth provisions
regarding the resolution.   

Sec. 366.176.  EXEMPTION FROM TAXATION OR ASSESSMENT.  Provides that an
authority is exempt from taxation of or assessment on a turnpike project
or system, certain property, or certain income.  Sets forth an additional
exemption. 

Sec. 366.177.  ACTIONS AFFECTING EXISTING ROADS.  Authorizes an authority
to impose a toll for transit in certain cases.  Authorizes an authority to
construct a certain grade separation and prohibits the action from
affecting a segment of the state highway system without the department's
consent.  Requires an authority to pay the cost of a grade separation and
certain damages.  Requires an authority to provide access to certain
properties, if feasible.  

Sec. 366.178. FAILURE OR REFUSAL TO PAY TOLL.  Requires certain motor
vehicles to pay the property toll.  Sets forth the fine for a person who
fails or refuses to pay a toll. Sets forth provisions applicable if a
person fails to pay the proper toll.  Sets forth provisions regarding
notice of nonpayment.  Sets forth provisions applicable if the registered
owner of the vehicle fails to pay the proper toll and administrative fee
within a certain time.  Sets forth a provisions regarding the prosecution
of a violation for nonpayment.  Authorizes the court of the local
jurisdiction to assess and collect the fine in addition to any court
costs.  Requires the court to collect the proper toll and administrative
fee and forward the toll and fee to the authority.  Provides that it is a
defense to nonpayment under this section that the motor vehicle in
question was stolen before the failure to pay the proper toll occurred and
was not recovered by the time of the failure to pay, but only if the theft
was reported in a certain manner.  Sets forth provisions regarding a
registered owner who is the lessor of a vehicle for which a notice of
nonpayment has been issued.   

Sec. 366.179.  USE AND RETURN OF TRANSPONDERS.  Provides that, for the
purposes of this section, a transponder is a device placed on or within an
automobile that is capable of transmitting or receiving information used
to assess or collect tolls.  Provides that a transponder is insufficiently
funded under certain conditions.  Sets forth provisions regarding an
insufficiently funded transponder. 
 
Sec. 366.180.  CONTROLLED ACCESS TO TURNPIKE PROJECTS.  Authorizes an
authority to designate a turnpike project or a portion of a project as a
controlled-access toll road.  Authorizes an authority, by order, to take
certain actions.  Provides that denial of access to or from a segment of
the state highway system is subject to approval of the commission.   

Sec. 366.181.  PROMOTION OF TOLL ROADS.  Authorizes an authority to
promote the use of its turnpike projects by appropriate means.   

Sec. 366.182.  OPERATION OF TURNPIKE PROJECT; PEACE OFFICERS.  Requires an
authority to operate its turnpike projects through a force of toll-takers,
and other employees or through the services contracted under Subsection
(b) or (c).  Authorizes an authority to enter into an agreement with one
or more persons to provide personnel and services to design, construct,
operate, maintain, expand, enlarge, or extend the authority's turnpike
projects.  Authorizes an authority to contract with any state or local
government entity for the services of peace officers of that agency. 

Sec. 366.183.  AUDIT.  Requires an authority to have a certified public
accountant audit the authority's books and accounts at least annually.
Authorizes the cost of the audit to be treated as part of the cost of
construction or operation of a turnpike project.   

Sec. 366.184.  DISADVANTAGED BUSINESSES.  Requires an authority,
consistent to general law, to take certain actions in regard to
disadvantaged businesses. 

Sec. 366.185. COMPETITIVE BIDDING.  Requires a contract made by an
authority that requires the expenditures of public funds for the
construction or maintenance of a turnpike project to be let by a
competitive bidding procedure in which the contract is awarded to the
lowest responsible bidder that complies with the authority's criteria.
Requires the authority to adopt rules governing the award of contracts
through competitive bidding. 

SUBCHAPTER F. GOVERNANCE

Sec. 366.251.  BOARD OF DIRECTORS.  Provides that an authority is governed
by a board of directors.  Sets forth provisions regarding appointments to
the board of directors, vacancy, voting, and presiding officer.   

Sec. 366.252.  CONFLICT OF INTEREST.  Adds standard language developed by
the Sunset Commission regarding conflicts of interest.  Defines "Texas
trade association." 

Sec. 366.253.  SURETY BONDS.  Requires each director, before beginning a
term, to execute a surety bond in the amount of $25,000, and requires the
secretary and treasurer to execute a surety bond in the amount of $50,000.
Sets forth requirements regarding each surety bond.  Requires the
authority to pay the expense of the bonds.   

Sec. 366.254.  REMOVAL OF DIRECTOR.  Adds standard language developed by
the Sunset Commission regarding removal of director. 

Sec. 366.255.  COMPENSATION OF DIRECTOR.  Provides that each director is
entitled to reimbursement for the director's actual expenses necessarily
incurred in the performance of the director's duties.  Provides that a
director is not entitled to any additional compensation for the director's
services.   

Sec. 366.256.  EVIDENCE OF AUTHORITY ACTIONS.  Provides that actions of an
authority are the actions of its board and may be evidenced in any legal
manner, including a board resolution.   

Sec. 366.257.  PUBLIC ACCESS.  Adds standard language developed by the
Sunset Commission regarding public access. 
 
Sec. 366.258.  INDEMNIFICATION.  Authorizes an authority to indemnify one
or more of its directors or officers for certain costs and expenses.  Sets
forth provisions applicable if an authority does not fully indemnify a
director or officer as provided by Subsection (a). Prohibits a court from
assessing indemnity under Subsection (b) for an amount paid by the
director or officer to the authority.  Provides that this section applies
to a current or former director or officer of the authority.   

Sec. 366.259.  PURCHASE OF LIABILITY INSURANCE.  Requires an authority to
insure its officers and employees from liability arising from the use,
operation, or maintenance of equipment that is used or may be used in
connection with the laying out, construction, or maintenance of the
authority's turnpike projects.  Sets forth  requirements regarding
insurance coverage under this section.  Provides that this section is not
a waiver of immunity of the authority or the counties in an authority from
certain liability.  Defines "equipment." 


Sec. 366.260.  CERTAIN CONTRACTS AND SALES PROHIBITED.  Prohibits a
director, agent, or employee of an authority from taking certain actions.
Provides that a person who violates Subsection (a) is liable for a civil
penalty to the authority not to exceed $1,00. Provides that Subsection (a)
does not apply to the sale of turnpike right-of-way to an authority.   

Sec. 366.261. STRATEGIC PLANS AND ANNUAL REPORTS.  Requires an authority
to make a strategic plan for its operations.  Requires a majority of the
commissioners courts of the counties composing the authority by concurrent
resolution to determine the types of information required to be included
in the strategic plan.  Requires an authority to issue a plan covering the
next five fiscal years, beginning with the next odd-numbered fiscal year,
each even-numbered year.  Requires an authority to file with each
commissioners court of each county a written report containing certain
information.  Requires the board and the administrative head of an
authority to appear before the commissioners court to present the report
and receive questions and comments, at the invitation of a commissioners
court of a county in the authority.  Requires the authority to give notice
to the commissioners court of each county of the authority by the 90th day
before the date of the issuance of revenue bonds. 

Sec. 366.262.  MEETINGS BY TELEPHONE CONFERENCE CALL.  Provides that
Chapter 551, Government Code, does not prohibit any open or closed meeting
of the board, a committee of the board, or the staff, or any combination
of the board or staff, from being held by telephone conference call.  Sets
forth additional provisions regarding telephone conference calls.   

SUBCHAPTER G.  AID FOR REGIONAL TURNPIKE PROJECTS

Sec. 366.301.  DEPARTMENT CONTRIBUTIONS TO TURNPIKE PROJECTS. Authorizes
the department, to the extent permitted by the Texas Constitution, to
agree with an authority to provide for or contribute to the payment of
certain costs.  Prohibits the agreement from being inconsistent with the
rights of the bondholders or persons operating the turnpike project under
a lease or other contract.  Authorizes the department to use certain
personnel to conduct feasibility studies under Subsection (a).  Sets forth
provisions regarding an obligation or expense incurred by the commission
or department under this section and money spent from the state highway
fund under this section.  Authorizes the commission or department to use
federal money for any purpose described by this chapter.   

Sec. 366.302. AGREEMENTS TO CONSTRUCT, MAINTAIN, AND OPERATE TURNPIKE
PROJECTS.  Authorizes an authority to enter into an agreement with certain
public or private entities, for the purposes of studying the feasibility
of a turnpike project or system or to make certain changes to a turnpike
project or system.  Provides that an authority has broad discretion to
negotiate provisions in a development agreement with a private entity.
Sets forth issues to which provisions may relate.  Prohibits an authority
from incurring a financial obligation on behalf of a private entity that
constructs, maintains, or operates a  turnpike project or system.
Provides that an authority or a county in an authority is not liable for
any financial or other obligation of a turnpike project solely because a
private entity constructs, finances, or operates any part of a turnpike
project or system.  Authorizes an authority to invest public and private
money to finance a function described by this section. 

Sec. 366.303.  AGREEMENTS BETWEEN AUTHORITY AND LOCAL GOVERNMENTAL
ENTITIES.  Authorizes a local governmental entity to issue bonds or enter
into and make payments under agreements with an authority to acquire,
construct, maintain, or operate a turnpike project or system.  Authorizes
an entity to levy and collect taxes to pay the interest on bonds and to
provide a sinking fund for the redemption of the bonds.  Authorizes a
local governmental entity to agree with an authority to issue bonds or
enter into and make payments under an agreement to acquire, construct,
maintain, or operate any portion of a turnpike project or system of that
authority.  Authorizes a governmental entity to pledge certain revenue and
levy and collect taxes, to make payments on certain funds.  Prohibits the
term of an agreement under this section from exceeding 40 years. Provides
that any election required to permit action under this subchapter is be
held in conformity with Chapter 1, Title 22, V.T.C.S., or any other
applicable law. 

Sec. 366.304.  ADDITIONAL AGREEMENTS OF AUTHORITY.  Authorizes an
authority to enter into an agreement necessary or convenient to achieve
the purposes of this subchapter. 

SECTION 7.24.  Amends Chapter 411F, Government Code, by adding Section
411.132, as follows: 

Sec. 411.132. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: REGIONAL
TOLLWAY AUTHORITIES.  Provides that a regional tollway authority governed
by Chapter 366, Transportation Code, is entitled to obtain from the
department criminal history record information maintained by the
department the pertains to a person who meets certain requirements.
Prohibits criminal history record information obtained under Subsection
(a) from being released or disclosed to any person, except in a criminal
proceeding, in a hearing conducted by the regional tollway authority, on
court order, or with the consent of the person who is the subject of the
criminal history record information. 

SECTION 7.25.  (a) Provides that the North Texas Tollway Authority is
established as a regional tollway authority under Chapter 366,
Transportation Code. 

(b) Sets forth counties which compose the North Texas Tollway Authority.
Provides that the authority may extend to other counties. 

(c) Provides that the initial board of directors of the North Texas
Tollway Authority is composed of nine directors, notwithstanding Section
366.251, Transportation Code, as added by this Act. 

(d)-(f) Sets forth terms of members appointed to the board.

SECTION 7.26.  Repealers:  Sections 361.003, 361.038, 361.039, 361.040,
361.041, 361.044, 361.045, 361.047, 361.048, 361.139, 361.190, 361.284,
and 361.331(e), Transportation Code (Sunset Provision; Employee
Qualifications; Personnel Policies; Equal Employment Opportunities;
Certain Contracts and Sales Prohibited; Suits Involving Authority;
Expenses of Authority; Travel Expenses; Filing of Minutes, Budget, and
Reports; Relocation Assistance Program; Expenses Incurred by Commission;
Eligibility of Turnpike Project to Become Part of State Highway System;
and Pooled Turnpike Projects). 

ARTICLE 8.  TRANSITION, EFFECTIVE DATE, AND EMERGENCY

SECTION 8.01 (a) Abolishes the Texas Turnpike Authority, and the Texas
Turnpike Authority division of the department is created on the effective
date of this Act. 

(b) Requires the North Texas Tollway Authority to succeed to all assets,
rights, and other property of the Texas Turnpike Authority located in
Collin, Dallas, Denton, or Tarrant  County. 

(c) Requires the North Texas Tollway Authority to assume and become liable
for all duties and obligations of the Texas Turnpike Authority related to
the assets, rights, and properties transferred under Subsection (b) of
this section. 

(d) Authorizes an employee of the Texas Turnpike Authority to elect to
become an employee of either the Texas Turnpike Authority division of the
Texas Department of Transportation or the North Texas Tollway Authority on
the effective date of this Act. 

(e) Requires a rule that is not inconsistent with this Act to remain in
effect as a rule or regulation of the North Texas Tollway Authority until
superseded by action of that entity. 

SECTION 8.02.  Requires the North Texas Tollway Authority to pay a certain
amount determined and agreed upon to the Texas Department of
Transportation. 

SECTION 8.03.  Provides that North Texas Tollway Authority is a successor
agency to the Texas Turnpike Authority under the Texas Constitution and
that any agreement between the Texas Turnpike Authority and any federal,
state, or local governmental entity relating to an asset, right, or
obligation transferred to North Texas Tollway Authority is binding as a
successor to Texas Turnpike Authority. 

SECTION 8.04.  Makes application of this Act prospective.

SECTION 8.05.  Requires the governor to appoint the six directors to the
board of directors of the Texas Turnpike Authority division to the Texas
Department of Transportation for certain terms. Requires the members of
the board of directors serving immediately before the effective date of
this section to exercise the authority granted to the board of directors,
until a majority of the board of directors has been appointed and
qualified.  Provides that a quorum of the board is a majority of the
number of directors who have qualified.  Provides that this Act conforms
Chapter 361, Transportation Code, to changes made by Sections 1 and 2,
Chapter 148, Acts of the 74th Legislature, 1995. Provides that this Act
prevails if there is any conflict between this Act and another Act of the
75th Legislature. 

SECTION 8.06.  Effective date:  September 1, 1997.

SECTION 8.07.  Emergency clause.     

SUMMARY OF COMMITTEE CHANGES

SECTION 1.07.

Redesignates proposed Sunset Commission changes to SECTION 1.09.  Sets
forth new provisions regarding the department office. 

SECTION 1.09.

Redesignated from SECTION 1.07.

SECTION 1.10.

Redesignated from SECTION 1.08.

SECTION 1.11.

Sets forth Section 201.406.

SECTION 1.12.

 Redesignated from SECTION 1.09.  Sets forth new requirement requiring the
department to submit a report to the legislature. 

SECTION 1.13.

Redesignated from SECTION 1.10.

SECTION 1.14.

Redesignated from SECTION 1.11.

SECTION 1.15.

Sets forth Subchapter L.

SECTION 1.16.

Sets forth Section 222.034.

SECTION 1.17.

Sets forth Section 222.053.

SECTION 1.18.

Requires the department to charge not less than fair market value for the
highway asset, payable in cash, services, tangible or intangible property,
or any combination or cash, services, or property. 

SECTION 1.19.

Sets forth Subchapter E.

SECTION 1.20.

Redesignated from SECTION 1.12.  Amends Section 222.072 to authorize
certain funds received by the state that are eligible for deposit to be
deposited in the bank.  Sets forth Section 222.075.  Redesignates Section
222.076 from proposed Section 222.075.  Sets forth new heading and terms
for Section 222.077.  Section 222.078 redesignated from Section 222.077. 

SECTION 1.21.

Redesignated from SECTION 1.13.  Requires, rather than authorizes, the
department to establish an electronic bidding.  Requires a copy of each
electronically submitted bid to be publicly posted within 48 hours after
bids are opened.  Requires the department to recover bidding costs from a
person who does not submit an electronic bid. 

SECTION 1.22.

Sets forth new Section 223.041.

SECTION 1.23.

Sets forth Section 224.124.

SECTION 1.24.

Sets forth Subchapter F.
 
SECTION 1.25.

Sets forth new provisions for Section 431.073.

SECTION 1.26.

 Sets forth new provisions for Section 224.033.

SECTION 1.28.

Redesignated from SECTION 1.15.

SECTION 1.29.

Amends Section 623.074, to add Subsection (d).

SECTION 1.30.

Sets forth a provision regarding a study for alternative routes.

SECTION 2.01.

Amends Section 391.065, to add Subsection (c).


SECTION 7.01.

Chapter 222, to redesignate Subchapter D as Subchapter E.  Renumbers
Sections 222.071222.073 as Sections 222.101-222.103. 

SECTION 7.08.

Sets forth the powers of the board, rather than the authority.  Authorizes
the authority to employ attorneys to advance or defend legal actions
pertaining to the division's activities, notwithstanding any other law to
the contrary, including Section 402.0212, Government Code. 

SECTION 7.13.

Sets forth Section 361.142.

SECTIONS 7.14 and 7.24.

Redesignated from SECTIONS 7.13 and 7.23.  Amends Section 366.003 to
redefine "bondholder."  Amends Section 366.031 set forth new requirements
for the creation of a regional tollway authority.  Amends Section 366.033
to set forth requirements for the authority to adopt a written drug and
alcohol policy.  Amends Section 366.163 to set forth covenants,
conditions, restrictions, or limitations affecting certain acquired
property.  Amends Section 366.169 to authorize a conveyance, grant, or
lease under this section to be made without advertising, court order, or
other action other than the normal action of the state or local
governmental entity necessary for a conveyance, grant, or lease.  Amends
Section 366.173 to prohibit an authority from using revenue from its
turnpike projects in certain manners not authorized by this chapter.
Deletes a provision requiring an authority to have a lien on a vehicle
driven by the person, if a person fails to pay a toll.  Authorizes the
owner of a vehicle to be cited for traffic violations as provided by law,
rather than as provided by a peace officer.  Sets forth a provision for a
defense for nonpayment of a toll.  Deletes a provision allowing an
authority to employ and commission a force of peace officers.  Adds
Section 366.185.  Amends Section 366.251 to require one director appointed
by the governor  to have resided in a county adjacent to a county of the
authority for at least one year before the person's appointment.  Amends
Section 366.261 to set forth a new heading.  Establishes a provision
regarding strategic plans for operations of the authority.  Sets forth
requirements of the written report of the authority.  Requires the
authority to give notice to the commissioners court of each county of the
authority by the 90th day before the date of issuance of revenue bonds.
Makes nonsubstantive changes. 

SECTION 7.25.

Sets forth Section 411.132.

SECTION 7.26.

Redesignated from SECTION 7.25. Makes nonsubstantive changes.

SECTION 7.27.

Redesignated from SECTION 7.26.  Makes nonsubstantive changes.

Amendment 1.

Page 76, line 3, replace "(3) the commission approves the creation." with
"(3) unless one of the counties has a population of 1.5 million or more,
the commission approves the creation." 

Amendment 2.

Amends Title 6B, Transportation Code, by adding Chapter 226.  Redesignates
existing text. 

Amendment 3.

Amends Chapter 791C, Government Code, by adding Section 791.031, as
SECTION 1.31. Redesignates existing text. 

Amendment 4.

Amends Section 203.051(b), Transportation Code, to add new text.
Redesignates existing text. 

Amendment 6.

Page 26, strike Sec. 224.124.  

Amendment 7.

Amends SECTION 7.05 to delete proposed text.  Sets forth new text to
SECTION 7.05. Deletes SECTION 7.06, and sets forth new SECTION 7.06.
Deletes SECTION 7.07. Redesignates existing SECTIONS.  Amends SECTION 8.05
to add new Subsections (a) and (b).  Redesignates existing text in
SECTION. 

Amendment 8.

A floor amendment will be offered to make a technical correction.

Amendment 9.

Page 112, lines 9-15, deletes Subsection (d).  Inserts new Subsection (d).

Amendment 10.

 Page 8, lines 5-7, delete Subsection (c), replace with new Subsection (c).

Amendment 11.

Page 18, line 7, insert "(a)" after "ASSISTANCE." and before "To".  Page
18, line 24, adds Subsection (b) to Section 222.074. 

Amendment 12.

Page 17, deletes Section 222.071(6)(C).  Page 17, deletes Section
222.072(b).  Sets forth new Section 222.072(b). 

Amendment 13.

Amends Sec. 366.013 to add Subsection (b).  Redesignates subsequent
subsections.