By Moffat                                              H.B. No. 124

      75R1021 DRH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the continuation of the Texas Turnpike Authority as the

 1-3     North Texas Tollway Authority.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 361.001(1), Transportation Code, is

 1-6     amended to read as follows:

 1-7                 (1)  "Authority" means the North Texas Tollway

 1-8     [Turnpike] Authority and includes the entity that succeeds to the

 1-9     principal functions of the authority or to whom by law the powers

1-10     of the authority are given.

1-11           SECTION 2.  Section 361.003, Transportation Code, is amended

1-12     to read as follows:

1-13           Sec. 361.003.  SUNSET PROVISION.  The North Texas Tollway

1-14     [Turnpike] Authority is subject to Chapter 325, Government Code

1-15     (Texas Sunset Act).  Unless continued in existence as provided by

1-16     that chapter, the authority is abolished and this chapter expires

1-17     September 1, 2009 [1997].

1-18           SECTION 3.  Section 361.031, Transportation Code, is amended

1-19     to read as follows:

1-20           Sec. 361.031.  NORTH TEXAS TOLLWAY [TURNPIKE] AUTHORITY.  (a)

1-21     The North Texas Tollway [Turnpike] Authority is a state agency.

1-22           (b)  The authority may construct, maintain, or operate a

1-23     turnpike project under this chapter in the following counties only:

1-24     Collin, Dallas, Denton, and Tarrant [shall locate offices in

 2-1     Austin, Texas, on or before September 1, 1997].

 2-2           (c)  The exercise by the authority of the powers conferred by

 2-3     this chapter in the construction, operation, and maintenance of a

 2-4     turnpike project is:

 2-5                 (1)  in all respects for the benefit of the people of

 2-6     this state, for the increase of their commerce and prosperity, and

 2-7     for the improvement of their health and living conditions; and

 2-8                 (2)  an essential governmental function of the state.

 2-9           SECTION 4.  (a)  The chapter heading to Chapter 361,

2-10     Transportation Code, is amended to read as follows:

2-11           CHAPTER 361.  NORTH TEXAS TOLLWAY [TURNPIKE] AUTHORITY

2-12           (b)  The subchapter heading to Subchapter B, Chapter 361,

2-13     Transportation Code, is amended to read as follows:

2-14           SUBCHAPTER B.  NORTH TEXAS TOLLWAY [TURNPIKE] AUTHORITY

2-15           SECTION 5.  (a)  A reference in law to the Texas Turnpike

2-16     Authority means the North Texas Tollway Authority.

2-17           (b)  On the effective date of this Act, all personnel,

2-18     property, records, and funds of the Texas Turnpike Authority

2-19     relating to a turnpike project located in Collin, Dallas, Denton,

2-20     or Tarrant County are retained by the North Texas Tollway

2-21     Authority.  All other personnel, property, records, and funds of

2-22     the Texas Turnpike Authority are transferred to the Texas

2-23     Department of Transportation on that date.

2-24           (c)  On the effective date of this Act, the board of

2-25     directors of the Texas Turnpike Authority becomes the board of

2-26     directors of the North Texas Tollway Authority.  A rule adopted by

2-27     the Texas Turnpike Authority that is in effect on the effective

 3-1     date of this Act remains in effect until it is amended or repealed

 3-2     by the board of the North Texas Tollway Authority or it expires by

 3-3     its own terms.

 3-4           (d)  On the effective date of this Act, all unpaid debts

 3-5     incurred by the Texas Turnpike Authority relating to a turnpike

 3-6     project located in Collin, Dallas, Denton, or Tarrant County become

 3-7     debts of the North Texas Tollway Authority.  All other unpaid debts

 3-8     of the Texas Turnpike Authority become debts of the Texas

 3-9     Department of Transportation.

3-10           SECTION 6.  This Act takes effect September 1, 1997.

3-11           SECTION 7.  The importance of this legislation and the

3-12     crowded condition of the calendars in both houses create an

3-13     emergency and an imperative public necessity that the

3-14     constitutional rule requiring bills to be read on three several

3-15     days in each house be suspended, and this rule is hereby suspended.