By Sibley S.B. No. 369
75R9167 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the abolition of the Texas Turnpike Authority and the
1-3 transfer of its functions to the Texas Department of Transportation
1-4 and newly created regional tollway authorities.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 222, Transportation Code, is amended by
1-7 adding Subchapter D to read as follows:
1-8 SUBCHAPTER D. TOLL FACILITIES
1-9 Sec. 222.071. EXPENDITURE OF MONEY. The department may
1-10 spend money from any source for the construction, maintenance, and
1-11 operation of toll facilities.
1-12 Sec. 222.072. TEMPORARY TOLL PROJECTS. The department may
1-13 recover the cost of a preventative maintenance or rehabilitation
1-14 project on a nontoll segment of the state highway system by
1-15 temporarily imposing a toll charge.
1-16 Sec. 222.073. COST PARTICIPATION. (a) The department may
1-17 participate in the cost of the construction, maintenance, or
1-18 operation of a toll facility of a public or private entity on terms
1-19 and conditions established by the commission, including
1-20 requirements for repayment.
1-21 (b) An entity receiving cost participation from the
1-22 department under this section is a successor agency to the Texas
1-23 Turnpike Authority for the purposes of Section 52-b, Article III,
1-24 Texas Constitution.
2-1 SECTION 2. Section 362.055, Transportation Code, is amended
2-2 to read as follows:
2-3 Sec. 362.055. EXCEPTION. This subchapter does not apply to:
2-4 (1) a county that has a population of more than 1.5
2-5 million; [or]
2-6 (2) a local government corporation created under
2-7 Chapter 431 by a county that has a population of more than 1.5
2-8 million; or
2-9 (3) a regional tollway authority created under Chapter
2-10 366.
2-11 SECTION 3. Section 361.001, Transportation Code, is amended
2-12 to read as follows:
2-13 Sec. 361.001. DEFINITIONS. In this chapter:
2-14 (1) "Authority" means the Texas Turnpike Authority
2-15 division of the Texas Department of Transportation [and includes
2-16 the entity that succeeds to the principal functions of the
2-17 authority or to whom by law the powers of the authority are given].
2-18 (2) "Board" means the board of directors of the
2-19 authority.
2-20 (3) ["Highway" means a road, highway, farm-to-market
2-21 road, or street under the supervision of the state or a political
2-22 subdivision of the state.]
2-23 [(4)] "Owner" includes a person having title to or an
2-24 interest in any property, rights, easements, and interests
2-25 authorized to be acquired under this chapter.
2-26 (4) [(5)] "Turnpike project" means a toll [an express]
2-27 highway constructed, maintained, or operated under this chapter as
3-1 part of the state highway system and any improvement, extension, or
3-2 expansion to the highway and includes:
3-3 (A) a facility to relieve traffic congestion and
3-4 promote safety;
3-5 (B) a bridge, tunnel, overpass, underpass,
3-6 interchange, entrance plaza, approach, toll house, or service
3-7 station;
3-8 (C) an administration, storage, or other
3-9 building the authority considers necessary to operate the project;
3-10 and
3-11 (D) property rights, easements, and interests
3-12 the authority acquires to construct or operate the project.
3-13 (5) "Regional tollway authority" means a regional
3-14 tollway authority created under Chapter 366, Transportation Code.
3-15 SECTION 4. Section 361.031, Transportation Code, is amended
3-16 to read as follows:
3-17 Sec. 361.031. TEXAS TURNPIKE AUTHORITY. (a) The Texas
3-18 Turnpike Authority is a division of the Texas Department of
3-19 Transportation that has full authority to exercise all powers
3-20 granted to it under this chapter. Powers granted to the department
3-21 under this chapter and Chapter 362 to study, design, construct,
3-22 operate, expand, enlarge, or extend a turnpike project as a part of
3-23 the state highway system shall be exercised by the department
3-24 acting by and through the authority [state agency].
3-25 (b) The authority may perform, procure from other divisions
3-26 of the department with the consent of the department, or procure
3-27 from outside service providers any portion of the services the
4-1 authority requires for:
4-2 (1) right-of-way acquisition;
4-3 (2) roadway finance, design, and construction;
4-4 (3) environmental affairs; or
4-5 (4) legal services.
4-6 (c) With the approval of the commission, the authority may
4-7 perform, procure from other divisions of the department with the
4-8 consent of the department, or procure from outside service
4-9 providers any portion of the services the authority requires for
4-10 roadway maintenance or traffic operations.
4-11 (d) To perform its functions under this chapter, the
4-12 authority may use the facilities and personnel of the department in
4-13 the same manner as other divisions of the department.
4-14 (e) If the comptroller assigns numbers to state agencies for
4-15 accounting purposes, the comptroller shall assign a separate agency
4-16 number to the authority [The authority shall locate offices in
4-17 Austin, Texas, on or before September 1, 1997].
4-18 (f) [(c)] The exercise by the authority of the powers
4-19 conferred by this chapter in the construction, operation, and
4-20 maintenance of a turnpike project is:
4-21 (1) in all respects for the benefit of the people of
4-22 this state, for the increase of their commerce and prosperity, and
4-23 for the improvement of their health and living conditions and
4-24 public safety; and
4-25 (2) an essential governmental function of the state.
4-26 SECTION 5. Sections 361.032(a), (b), (c), (e), and (g),
4-27 Transportation Code, are amended to read as follows:
5-1 (a) The board is composed of six [12] directors appointed by
5-2 the commission. [The governor, with the advice and consent of the
5-3 senate, shall appoint nine directors who represent the public. Each
5-4 commission member serves as an ex officio board member.]
5-5 (b) Directors [Appointed directors] serve terms of six years
5-6 with the terms of one-third of those directors expiring on February
5-7 15 of each odd-numbered year.
5-8 (c) Each [appointed] director must have resided in this
5-9 state and in the county from which the person is appointed for at
5-10 least one year before the person's appointment.
5-11 (e) The commission [governor] shall promptly fill vacancies
5-12 in unexpired terms.
5-13 (g) The commission [governor] shall designate one director
5-14 as the presiding officer of the board to serve in that capacity at
5-15 the pleasure of the commission [governor]. The board shall elect
5-16 one director as assistant presiding officer and shall elect a
5-17 secretary and treasurer who need not be a director.
5-18 SECTION 6. Section 361.033, Transportation Code, is amended
5-19 to read as follows:
5-20 Sec. 361.033. CONFLICT OF INTEREST. (a) A person is not
5-21 eligible for appointment to the board if the person or the person's
5-22 spouse:
5-23 (1) is registered, certified, or licensed by an
5-24 occupational regulatory agency in the field of toll road
5-25 construction, maintenance, or operation;
5-26 (2) is employed by or participates in the management
5-27 of a business entity or other organization regulated by the
6-1 commission, department, or authority or receiving funds from the
6-2 commission, department, or authority;
6-3 (3) owns or controls, directly or indirectly, more
6-4 than a 10 percent interest in a business entity or other
6-5 organization regulated by or receiving funds from the commission,
6-6 department, or authority, other than compensation for acquisition
6-7 of turnpike right-of-way; or
6-8 (4) uses or receives a substantial amount of tangible
6-9 goods, services, or funds from the commission, department, or
6-10 authority, other than compensation or reimbursement authorized by
6-11 law for board membership, attendance, or expenses or compensation
6-12 for acquisition of turnpike right-of-way.
6-13 (b) An officer, employee, or paid consultant of a Texas
6-14 trade association in the field of road construction, maintenance,
6-15 or operation may not be a [an appointed] director.
6-16 (c) The spouse of an officer, manager, or paid consultant of
6-17 a Texas trade association in the field of road construction,
6-18 maintenance, or operation may not be a [an appointed] director.
6-19 (d) A person may not serve as a [an appointed] director or
6-20 act as the general counsel to the authority if the person is
6-21 required to register as a lobbyist under Chapter 305, Government
6-22 Code, because of the person's activities for compensation on behalf
6-23 of a profession related to the operation of the commission,
6-24 department, or authority.
6-25 (e) In this section, "Texas trade association" means a
6-26 nonprofit, cooperative, and voluntarily joined association of
6-27 business or professional competitors in this state designed to
7-1 assist its members and its industry or profession in dealing with
7-2 mutual business or professional problems and in promoting their
7-3 common interests.
7-4 SECTION 7. Section 361.035, Transportation Code, is amended
7-5 to read as follows:
7-6 Sec. 361.035. REMOVAL OF DIRECTOR. (a) It is a ground for
7-7 removal of a [an appointed] director from the board if the
7-8 director:
7-9 (1) does not have at the time of appointment or does
7-10 not maintain during service on the board the qualifications
7-11 required by Section 361.032 or 361.033(a);
7-12 (2) violates a prohibition established by Section
7-13 361.033(b), (c), or (d);
7-14 (3) cannot discharge the director's duties for a
7-15 substantial part of the term for which the director is appointed
7-16 because of illness or disability; or
7-17 (4) is absent from more than half of the regularly
7-18 scheduled board meetings that the director is eligible to attend
7-19 during a calendar year unless the absence is excused by majority
7-20 vote of the board.
7-21 (b) The validity of an action of the board is not affected
7-22 by the fact that it is taken when a ground for removal of a
7-23 director exists.
7-24 (c) If the administrative head of the authority has
7-25 knowledge that a potential ground for removal exists, that
7-26 individual shall notify the presiding officer of the board of the
7-27 ground. The presiding officer shall then notify the commission
8-1 [governor] that a potential ground for removal exists.
8-2 SECTION 8. Section 361.042, Transportation Code, is amended
8-3 to read as follows:
8-4 Sec. 361.042. GENERAL POWERS AND DUTIES. (a) The authority
8-5 shall:
8-6 (1) on its own initiative or at the request of the
8-7 commission, consider, study, plan, and develop turnpike projects
8-8 under this chapter;
8-9 (2) adopt rules [bylaws] for the regulation of its
8-10 affairs and the conduct of its business;
8-11 (3) with the concurrence of the commission, employ an
8-12 administrative head, who serves at the pleasure of the board and
8-13 who must be compensated on a level not lower than the level on
8-14 which a deputy executive director of the department is compensated;
8-15 and
8-16 (4) undertake such other duties as are delegated to it
8-17 by the commission.
8-18 (b) The authority may:
8-19 (1) [(2) adopt an official seal;]
8-20 [(3)] construct, maintain, repair, and operate
8-21 turnpike projects in this state;
8-22 (2) [(4)] acquire, hold, and dispose of property in
8-23 the exercise of its powers and the performance of its duties under
8-24 this chapter;
8-25 (3) with the approval of the governor and the
8-26 commission, [(5)] enter into contracts or operating agreements with
8-27 similar authorities or agencies of another state, including a state
9-1 of the United Mexican States;
9-2 (4) [(6)] enter into contracts or agreements necessary
9-3 or incidental to its duties and powers under this chapter;
9-4 (5) [(7)] employ consulting engineers, attorneys,
9-5 accountants, construction and financial experts, superintendents,
9-6 managers, and other employees and agents the authority considers
9-7 necessary and set their compensation;
9-8 (6) [(8)] receive grants for the construction of a
9-9 turnpike project and receive contributions of money, property,
9-10 labor, or other things of value from any source to be used for the
9-11 purposes for which the grants or contributions are made;
9-12 (7) [(9)] adopt and enforce rules, if the commission
9-13 concurs, not inconsistent with this chapter for the use of any
9-14 turnpike project; and
9-15 (8) [(10)] do all things necessary or appropriate to
9-16 carry out the powers expressly granted by this chapter.
9-17 SECTION 9. Section 361.055, Transportation Code, is amended
9-18 to read as follows:
9-19 Sec. 361.055. SUCCESSOR AGENCY TO AUTHORITY. The following
9-20 are considered successor agencies to the Texas Turnpike Authority
9-21 [authority] for purposes of Section 52-b, Article III, Texas
9-22 Constitution:
9-23 (1) a county, municipality, or local government
9-24 corporation that leases, buys, operates, or otherwise receives a
9-25 turnpike project under Subchapter H;
9-26 (2) a county with a population of more than 1.5
9-27 million that constructs a toll road, toll bridge, or turnpike
10-1 project;
10-2 (3) a local government corporation serving a county
10-3 with a population of more than 1.5 million that constructs a toll
10-4 road, toll bridge, or turnpike project; [and]
10-5 (4) an adjacent county in a joint turnpike authority
10-6 with a county with a population of more than 1.5 million that
10-7 constructs a toll road, toll bridge, or turnpike project;
10-8 (5) the department; and
10-9 (6) a public or private entity authorized to receive
10-10 funds from the department for the construction, maintenance, or
10-11 operation of toll projects.
10-12 SECTION 10. Section 361.132, Transportation Code, is amended
10-13 to read as follows:
10-14 Sec. 361.132. ACQUISITION OF PROPERTY. (a) The board
10-15 [authority] may acquire, in the name of the state, [authority]
10-16 public or private real property it determines necessary or
10-17 convenient for the construction, expansion, enlargement, extension,
10-18 improvement, or operation of a turnpike project or for otherwise
10-19 carrying out this chapter.
10-20 (b) The real property the authority may acquire under this
10-21 subchapter includes:
10-22 (1) public parks, playgrounds, or reservations;
10-23 (2) parts of or rights in public parks, playgrounds,
10-24 or reservations;
10-25 (3) rights-of-way;
10-26 (4) property rights, including:
10-27 (A) a right of ingress or egress; and
11-1 (B) a reservation right in real property that
11-2 restricts or prohibits for not more than seven years the:
11-3 (i) addition of a new improvement on the
11-4 real property;
11-5 (ii) addition to or modification of an
11-6 existing improvement on the real property; or
11-7 (iii) subdivision of the real property;
11-8 (5) franchises;
11-9 (6) easements; and
11-10 (7) other interests in real property.
11-11 (c) The board [authority] may acquire the real property by
11-12 any method, including purchase and condemnation. The board
11-13 [authority] may purchase public or private real property on the
11-14 terms and at the price the board [authority] and the owner
11-15 consider reasonable.
11-16 (d) Property necessary or convenient for the construction or
11-17 operation of a turnpike project under Subsection (a) includes an
11-18 interest in real property, a property right, or materials that the
11-19 authority determines are necessary or convenient to:
11-20 (1) protect a turnpike project;
11-21 (2) drain a turnpike project;
11-22 (3) divert a stream, river, or other watercourse from
11-23 the right-of-way of a turnpike project;
11-24 (4) store materials or equipment used in the
11-25 construction or maintenance of a turnpike project;
11-26 (5) construct or operate a warehouse or other facility
11-27 used in connection with the construction, maintenance, or operation
12-1 of a turnpike project;
12-2 (6) lay out, construct, or maintain a roadside park;
12-3 (7) lay out, construct, or maintain a parking lot that
12-4 will contribute to the maximum use of a turnpike project with the
12-5 least possible congestion;
12-6 (8) mitigate an adverse environmental effect that
12-7 directly results from the construction or maintenance of a turnpike
12-8 project; or
12-9 (9) accomplish any other purpose related to the
12-10 location, construction, improvement, maintenance, beautification,
12-11 preservation, or operation of a turnpike project.
12-12 (e) The authority shall comply with all relocation
12-13 assistance procedures applicable to the department in connection
12-14 with any displacement of owners or tenants as a consequence of the
12-15 authority's acquisition of real property under this chapter.
12-16 (f) The authority may acquire timber, earth, stone, gravel,
12-17 or other materials as necessary to carry out a purpose under this
12-18 chapter.
12-19 SECTION 11. Section 361.135, Transportation Code, is amended
12-20 to read as follows:
12-21 Sec. 361.135. CONDEMNATION OF REAL PROPERTY. (a) The
12-22 board, with the concurrence of the commission, [authority] may
12-23 acquire public or private real property in the name of the state
12-24 [authority] by the exercise of the power of condemnation under the
12-25 laws applicable to the exercise of that power on property for
12-26 public use if:
12-27 (1) the authority and the owner cannot agree on a
13-1 reasonable price for the property; or
13-2 (2) the owner is legally incapacitated, absent,
13-3 unknown, or unable to convey title.
13-4 (b) The board, with the concurrence of the commission, [To
13-5 the extent provided by Subsection (c), the authority] may condemn
13-6 real property that the authority determines is:
13-7 (1) necessary or appropriate to construct or to
13-8 efficiently operate a turnpike project;
13-9 (2) necessary to restore public or private property
13-10 damaged or destroyed; [or]
13-11 (3) necessary for access, approach, and interchange
13-12 roads;
13-13 (4) necessary for supplemental facilities of the
13-14 authority; or
13-15 (5) necessary otherwise to carry out this chapter.
13-16 (c) [The authority may condemn real property necessary for
13-17 access, approach, and interchange roads but may not condemn
13-18 property:]
13-19 [(1) that is unnecessary for road and right-of-way
13-20 purposes; or]
13-21 [(2) that is for a supplemental facility for another
13-22 purpose.]
13-23 [(d) The authority may construct a supplemental facility
13-24 only on real property the authority purchases.]
13-25 [(e)] The court having jurisdiction of a condemnation
13-26 proceeding may:
13-27 (1) make orders as are just to the authority and the
14-1 owners of the real property; and
14-2 (2) require an undertaking or other security to secure
14-3 the owners against any loss or damage by reason of the board's
14-4 [authority's] failure to accept and pay for the real property.
14-5 (d) [(f)] An undertaking or security under Subsection (c)(2)
14-6 [(e)(2)] or an act or obligation of the authority or the board does
14-7 not impose any liability on the state, [or] the authority, or the
14-8 board except liability that may be paid from the money authorized
14-9 by this chapter.
14-10 SECTION 12. Section 361.136, Transportation Code, is amended
14-11 to read as follows:
14-12 Sec. 361.136. SEVERANCE OF REAL PROPERTY. (a) If a
14-13 turnpike project severs an owner's real property, the authority
14-14 shall pay:
14-15 (1) the value of the property acquired; and
14-16 (2) the damages to the remainder of the owner's
14-17 property caused by the severance, including damages caused by the
14-18 inaccessibility of one tract from the other.
14-19 (b) [The authority shall provide and maintain without
14-20 charge a passageway over or under the turnpike project for the
14-21 owner of the severed real property and the owner's employees and
14-22 representatives. The authority is not required to furnish a
14-23 passageway if the owner waives the requirement or the original
14-24 tract involved is less than 80 acres.]
14-25 [(c)] The authority may negotiate for and purchase the
14-26 severed real property or either part of the severed real property
14-27 if the authority and the owner agree on terms for the purchase.
15-1 [The authority shall sell and dispose of severed real property
15-2 within two years after the date of acquisition.]
15-3 SECTION 13. Section 361.180, Transportation Code, is amended
15-4 to read as follows:
15-5 Sec. 361.180. TOLLS ON CONVERTED HIGHWAYS [PROHIBITION ON
15-6 TOLLS ON EXISTING FREE HIGHWAYS]. If converted to a toll facility
15-7 under Section 222.072 or 362.0041, the commission [The authority]
15-8 may impose a toll for transit over an existing free public highway
15-9 [only if such highway is transferred to the authority by the
15-10 commission under Section 222.0041].
15-11 SECTION 14. Section 361.184(b), Transportation Code, is
15-12 amended to read as follows:
15-13 (b) The board [authority] may transfer, or direct the
15-14 authority to transfer, into the project revolving fund money from
15-15 any permissible source, including:
15-16 (1) money from a surplus fund established for a
15-17 turnpike project if the remainder of the surplus fund is not less
15-18 than any minimum amount required by the trust agreement to be
15-19 retained for that project;
15-20 (2) money received under Subchapter I or from a
15-21 transfer of a turnpike project under Subchapter H;
15-22 (3) advances from the state highway fund [department
15-23 authorized under Section 52-b, Article III, Texas Constitution];
15-24 and
15-25 (4) contributions or assistance from the United
15-26 States, another state, a political subdivision of this state, the
15-27 United Mexican States, or a political subdivision of the United
16-1 Mexican States.
16-2 SECTION 15. Section 361.189, Transportation Code, is amended
16-3 to read as follows:
16-4 Sec. 361.189. USE OF SURPLUS REVENUE. [(a)] The commission
16-5 [board] by resolution may authorize the use of surplus revenue of a
16-6 turnpike project to pay the costs of another turnpike project,
16-7 other than a project financed under Subchapter I, or a toll-free
16-8 project. The commission [board] may in the resolution prescribe
16-9 terms for the use of the revenue, including the pledge of the
16-10 revenue, but may not take an action under this section that[:]
16-11 [(1) violates Subsection (b); or]
16-12 [(2)] violates, impairs, or is inconsistent with a
16-13 bond resolution, trust agreement, or indenture governing the use of
16-14 the surplus revenue.
16-15 [(b) Except as provided by Subsection (c), the surplus
16-16 revenue of a turnpike project that was under construction or
16-17 operated by the authority on January 1, 1993, may be used only for:]
16-18 [(1) the costs associated with the construction,
16-19 expansion, or maintenance of the project producing the revenue; and]
16-20 [(2) transfers to the Texas Turnpike Authority
16-21 feasibility study fund.]
16-22 [(c) The board may use revenue from a turnpike project
16-23 described by Subsection (b) for a purpose authorized by this
16-24 chapter other than a purpose described by that subsection if:]
16-25 [(1) the authority obtains the permission of the
16-26 commissioners court of each county in which the project is located;
16-27 or]
17-1 [(2) an agreement between the authority and a county
17-2 or local government corporation created by the county for the
17-3 lease, sale, or other conveyance of the project permits the revenue
17-4 to be used for another purpose.]
17-5 SECTION 16. Section 361.232, Transportation Code, is amended
17-6 by adding Subsection (e) to read as follows:
17-7 (e) This section does not apply to the conversion of any
17-8 highway that is a part of the state highway system to a turnpike
17-9 project.
17-10 SECTION 17. Section 361.237, Transportation Code, is amended
17-11 to read as follows:
17-12 Sec. 361.237. OPERATION OF TURNPIKE PROJECT. A turnpike
17-13 project is a public road subject to all laws applicable to the
17-14 regulation and control of traffic [(a) The authority shall police
17-15 and operate a turnpike project through a force of police,
17-16 toll-takers, and other employees of the authority.]
17-17 [(b) The authority may arrange with the Department of Public
17-18 Safety for the services of officers of that agency].
17-19 SECTION 18. Section 361.238, Transportation Code, is amended
17-20 to read as follows:
17-21 Sec. 361.238. PAYMENT OF BOND INDEBTEDNESS; CESSATION OR
17-22 CONTINUATION OF TOLLS[; TRANSFER OF PROJECT TO COMMISSION]. (a)
17-23 Except as provided by Subsection (b), a [A] turnpike project [that
17-24 is in good condition and repair to the satisfaction of the
17-25 commission] becomes a toll-free [part of the state] highway
17-26 [system] when:
17-27 (1) the bonds issued under this chapter for the
18-1 project and the interest on the bonds are paid; or
18-2 (2) firm banking and financial arrangements have been
18-3 made for the discharge and final payment or redemption of the bonds
18-4 in accordance with Section 7A, Chapter 503, Acts of the 54th
18-5 Legislature, 1955 (Article 717k, Vernon's Texas Civil Statutes) [a
18-6 sufficient amount to pay the bonds and the interest on the bonds to
18-7 maturity or to redeem the bonds has been set aside in trust for the
18-8 benefit of the bondholders].
18-9 (b) If the conditions of Subsections (a)(1) and (2) are met,
18-10 the commission may continue to charge a toll sufficient to pay the
18-11 costs of maintaining the facility. [The Authority shall continue
18-12 to operate as a toll facility a turnpike project that the
18-13 commission determines is not in a state of repair so as to justify
18-14 its acceptance as part of the state highway system. The authority
18-15 shall continue the tolls then in effect or revise the tolls to
18-16 provide money sufficient to assure payment of the expenses of
18-17 maintenance and operation and the making of repairs and
18-18 replacements as necessary to meet the minimum requirements of the
18-19 commission within the shortest practicable time.]
18-20 [(c) The commission shall maintain a turnpike project it
18-21 accepts free of tolls. The authority shall deliver to the
18-22 commission at the time of acceptance any money remaining to the
18-23 credit of the project after retirement of the bonds issued for the
18-24 project. The commission shall deposit the money in a fund to be
18-25 used to maintain the project facilities. The commission shall
18-26 administer the fund in accordance with commission rules.]
18-27 [(d) Not later than the first anniversary of the date the
19-1 commission accepts a turnpike project, the department shall
19-2 advertise for public sale each installation on the project other
19-3 than the road bed and highway sections and shall solicit sealed
19-4 bids for those installations. The department may reject any or all
19-5 bids but shall dispose of the properties not later than the second
19-6 anniversary of the date the commission accepts title to the
19-7 project.]
19-8 SECTION 19. The heading of Subchapter H, Chapter 361,
19-9 Transportation Code, is amended to read as follows:
19-10 SUBCHAPTER H. TRANSFER OF TURNPIKE PROJECT TO
19-11 COUNTY, MUNICIPALITY, REGIONAL TOLLWAY AUTHORITY, OR
19-12 LOCAL GOVERNMENT CORPORATION
19-13 SECTION 20. Sections 361.281, 361.282, and 361.285,
19-14 Transportation Code, are amended to read as follows:
19-15 Sec. 361.281. APPLICABILITY OF SUBCHAPTER. This subchapter
19-16 applies only to:
19-17 (1) a county with a population of more than 1.5
19-18 million;
19-19 (2) a local government corporation serving a county
19-20 with a population of more than 1.5 million; [or]
19-21 (3) an adjacent county in a joint turnpike authority
19-22 with a county with a population of more than 1.5 million;
19-23 (4) a municipality with a population of more than
19-24 120,000 that is adjacent to the United Mexican States; or
19-25 (5) a regional tollway authority created under Chapter
19-26 366.
19-27 Sec. 361.282. LEASE, SALE, OR CONVEYANCE OF TURNPIKE
20-1 PROJECT. (a) The authority may lease, sell, or convey in another
20-2 manner a turnpike project to a county, municipality, regional
20-3 tollway authority, or a local government corporation created under
20-4 Chapter 431.
20-5 (b) The authority, the commission, and the governor must
20-6 approve the transfer of the turnpike project as being in the best
20-7 interests of the state and the entity receiving the turnpike
20-8 project [county].
20-9 Sec. 361.285. APPROVAL OF AGREEMENT BY ATTORNEY GENERAL.
20-10 (a) An agreement for the lease, sale, or conveyance of a turnpike
20-11 project under this subchapter shall be submitted to the attorney
20-12 general for approval as part of the records of proceedings relating
20-13 to the issuance of bonds of the county, municipality, regional
20-14 tollway authority, or local government corporation.
20-15 (b) If the attorney general determines that the agreement is
20-16 in accordance with law, the attorney general shall approve the
20-17 agreement and deliver to the commission a copy of the legal opinion
20-18 of the attorney general stating that approval.
20-19 SECTION 21. Section 361.331(a), Transportation Code, is
20-20 amended to read as follows:
20-21 (a) The authority may designate two or more turnpike
20-22 projects that are wholly or partly located in a metropolitan
20-23 planning organization [planning region of a council of governments]
20-24 as a pooled turnpike project after:
20-25 (1) conducting a public hearing; and
20-26 (2) obtaining the approval of the commission[; and]
20-27 [(3) obtaining a resolution adopted by the
21-1 commissioners court of the county that:]
21-2 [(A) approves the action; and]
21-3 [(B) specifies the date the pooled project
21-4 becomes toll free].
21-5 SECTION 22. Section 362.0041, Transportation Code, is
21-6 amended to read as follows:
21-7 Sec. 362.0041. CONVERSION [ACQUISITION] OF PROJECTS. (a)
21-8 If the commission finds that the conversion of a segment of the
21-9 free state highway system to a toll facility is the most feasible
21-10 and economic means to accomplish necessary expansion improvements,
21-11 or extensions to the state highway system, that segment may[, on
21-12 approval of the governor,] be converted [transferred] by order of
21-13 the commission to [the authority. The authority may receive such
21-14 segment of highway, thereafter to be owned, operated, and
21-15 maintained as] a turnpike project under Chapter 361.
21-16 (b) [The authority shall reimburse the commission for the
21-17 cost of the transferred highway, unless the commission finds that
21-18 the transfer will result in substantial net benefits to the state,
21-19 the department, and the traveling public that exceed that cost.
21-20 The cost shall include the total dollar amount expended by the
21-21 department for the original construction of the highway, including
21-22 all costs associated with the preliminary engineering and design
21-23 engineering for plans, specifications, and estimates, the
21-24 acquisition of necessary right-of-way, and actual construction of
21-25 the highway and all necessary appurtenant facilities.]
21-26 [(c) The commission shall, coincident with the transfer,
21-27 remove the segment of highway from the designated state highway
22-1 system and shall subsequently have no liability, responsibility, or
22-2 duty for the maintenance or operation of the highway.]
22-3 [(d)] Prior to converting [transferring] a segment of the
22-4 state highway system under this section, the commission shall
22-5 conduct a public hearing for the purpose of receiving comments from
22-6 interested persons concerning the proposed transfer. Notice of the
22-7 hearing shall be published in the Texas Register, one or more
22-8 newspapers of general circulation, and a newspaper, if any,
22-9 published in the county or counties in which the involved highway
22-10 is located.
22-11 (c) [(e)] The commission shall adopt rules implementing this
22-12 section, such rules to include criteria and guidelines for the
22-13 approval of a conversion [transfer] of a highway.
22-14 SECTION 23. Subtitle G, Title 6, Transportation Code, is
22-15 amended by adding Chapter 366 to read as follows:
22-16 CHAPTER 366. REGIONAL TOLLWAY AUTHORITIES
22-17 SUBCHAPTER A. GENERAL PROVISIONS
22-18 Sec. 366.001. SHORT TITLE. This chapter may be cited as the
22-19 Regional Tollway Authority Act.
22-20 Sec. 366.002. PURPOSES; LIBERAL CONSTRUCTION. (a) The
22-21 purposes of this chapter are:
22-22 (1) the expansion and improvement of transportation
22-23 facilities and systems in this state;
22-24 (2) the creation of regional tollway authorities to
22-25 secure and acquire rights-of-way for urgently needed transportation
22-26 systems and to plan, design, construct, operate, expand, extend,
22-27 and modify those systems; and
23-1 (3) the reduction of burdens and demands on the
23-2 limited money available to the commission and an increase in the
23-3 effectiveness and efficiency of the commission.
23-4 (b) This chapter shall be liberally construed to effect its
23-5 purposes.
23-6 Sec. 366.003. DEFINITIONS. In this chapter:
23-7 (1) "Authority" means a regional tollway authority
23-8 organized under this chapter.
23-9 (2) "Board" means the board of directors of an
23-10 authority organized under this chapter.
23-11 (3) "Bond" means all bonds, certificates, notes, and
23-12 other obligations of an authority authorized by this chapter, any
23-13 other statute, or the Texas Constitution.
23-14 (4) "Bond proceedings" means a bond resolution and any
23-15 bond indenture authorized by the bond resolution, any credit
23-16 agreement entered into in connection with the bonds or the payments
23-17 to be made under the agreement, and any other agreement between an
23-18 authority and another person providing security for the payment of
23-19 bonds.
23-20 (5) "Bond resolution" means an order or resolution of
23-21 an authority's board authorizing the issuance of bonds.
23-22 (6) "Bondholder" includes a trustee acting on behalf
23-23 of an owner of bonds under the terms of a bond indenture.
23-24 (7) "Highway" means a road, highway, farm-to-market
23-25 road, or street under the supervision of the state or a political
23-26 subdivision of the state.
23-27 (8) "Local governmental entity" means a political
24-1 subdivision of the state, including a municipality or a county, a
24-2 political subdivision of a county, a group of adjoining counties, a
24-3 district organized or operating under Section 52, Article III, or
24-4 Section 59, Article XVI, Texas Constitution, or a nonprofit
24-5 corporation, including a transportation corporation created under
24-6 Chapter 431.
24-7 (9) "Revenue" means the tolls, rents, and other money
24-8 received by an authority from the ownership or operation of a
24-9 turnpike project.
24-10 (10) "System" means a turnpike project or any
24-11 combination of turnpike projects designated as a system by the
24-12 board under Section 366.034.
24-13 (11) "Turnpike project" means a highway of any number
24-14 of lanes, with or without grade separations, owned or operated by
24-15 an authority under this chapter and any improvement, extension, or
24-16 expansion to that highway, including:
24-17 (A) an improvement to relieve traffic congestion
24-18 and promote safety;
24-19 (B) a bridge, tunnel, overpass, underpass,
24-20 interchange, service road, ramp, entrance plaza, approach, or
24-21 tollhouse;
24-22 (C) an administration, storage, or other
24-23 building the authority considers necessary to operate the turnpike
24-24 project;
24-25 (D) a service station, hotel, motel, restaurant,
24-26 parking area or structure, rest stop, park, and other improvement
24-27 or amenity an authority considers necessary, useful, or beneficial
25-1 for the operation of a turnpike project; and
25-2 (E) property rights, easements, and interests an
25-3 authority acquires to construct or operate the turnpike project.
25-4 Sec. 366.004. CONSTRUCTION COSTS DEFINED. (a) The cost of
25-5 acquisition, construction, improvement, extension, or expansion of
25-6 a turnpike project or system under this chapter includes the cost
25-7 of:
25-8 (1) the actual acquisition, construction, improvement,
25-9 extension, or expansion of the turnpike project or system;
25-10 (2) the acquisition of real property, rights-of-way,
25-11 property rights, easements, and other interests in real property;
25-12 (3) machinery and equipment;
25-13 (4) interest payable before, during, and after
25-14 acquisition, construction, improvement, extension, or expansion as
25-15 provided in the bond proceedings;
25-16 (5) traffic estimates, revenue estimates, engineering
25-17 and legal services, plans, specifications, surveys, appraisals,
25-18 construction cost estimates, and other expenses necessary or
25-19 incidental to determining the feasibility of the construction,
25-20 improvement, extension, or expansion;
25-21 (6) necessary or incidental administrative, legal, and
25-22 other expenses;
25-23 (7) compliance with laws, regulations, and
25-24 administrative rulings;
25-25 (8) financing; and
25-26 (9) expenses related to the initial operation of the
25-27 turnpike project or system.
26-1 (b) Costs attributable to a turnpike project or system and
26-2 incurred before the issuance of bonds to finance the turnpike
26-3 project or system may be reimbursed from the proceeds of sale of
26-4 the bonds.
26-5 (Sections 366.005-366.030 reserved for expansion
26-6 SUBCHAPTER B. CREATION AND POWERS OF REGIONAL TOLLWAY AUTHORITIES
26-7 Sec. 366.031. CREATION AND EXPANSION OF A REGIONAL TOLLWAY
26-8 AUTHORITY. (a) Two or more counties, acting through their
26-9 respective commissioners courts, may by order passed by each
26-10 commissioners court create a regional tollway authority under this
26-11 chapter if:
26-12 (1) one of the counties has a population of not less
26-13 than 1,500,000; and
26-14 (2) the counties form a contiguous territory.
26-15 (b) A commissioners court may by resolution petition an
26-16 established authority for inclusion in the authority if:
26-17 (1) the county is contiguous to the authority; or
26-18 (2) a turnpike project of the authority is situated in
26-19 or planned for the county.
26-20 (c) On approval of the board of an authority receiving a
26-21 petition under Subsection (b), the county becomes part of the
26-22 authority.
26-23 Sec. 366.032. NATURE OF REGIONAL TOLLWAY AUTHORITY. (a) An
26-24 authority created under this chapter is a body politic and
26-25 corporate and a political subdivision of this state.
26-26 (b) An authority is a governmental unit as that term is
26-27 defined in Chapter 101, Civil Practice and Remedies Code.
27-1 (c) The exercise by an authority of the powers conferred by
27-2 this chapter in the acquisition, design, financing, construction,
27-3 operation, and maintenance of a turnpike project or system is:
27-4 (1) in all respects for the benefit of the people of
27-5 the counties in which an authority operates and of the people of
27-6 this state, for the increase of their commerce and prosperity, and
27-7 for the improvement of their health, living conditions, and public
27-8 safety; and
27-9 (2) an essential governmental function of the state.
27-10 (d) The operations of an authority are governmental, not
27-11 proprietary, functions.
27-12 Sec. 366.033. GENERAL POWERS. (a) An authority, acting
27-13 through its board, may:
27-14 (1) adopt rules for the regulation of its affairs and
27-15 the conduct of its business;
27-16 (2) adopt an official seal;
27-17 (3) study, evaluate, design, acquire, construct,
27-18 maintain, repair, and operate turnpike projects, individually or as
27-19 one or more systems;
27-20 (4) acquire, hold, and dispose of property in the
27-21 exercise of its powers and the performance of its duties under this
27-22 chapter;
27-23 (5) enter into contracts or operating agreements with
27-24 similar authorities or agencies of the United States, a state of
27-25 the United States, the United Mexican States, or a state of the
27-26 United Mexican States;
27-27 (6) enter into contracts or agreements necessary or
28-1 incidental to its duties and powers under this chapter;
28-2 (7) cooperate and work directly with property owners
28-3 and governmental agencies and officials to support an activity
28-4 required to promote or develop a turnpike project or system;
28-5 (8) employ and set the compensation of administrators,
28-6 consulting engineers, attorneys, accountants, construction and
28-7 financial experts, superintendents, managers, full-time and
28-8 part-time employees, agents, consultants, and such other persons as
28-9 the authority considers necessary or useful;
28-10 (9) receive loans, gifts, grants, and other
28-11 contributions for the construction of a turnpike project or system
28-12 and receive contributions of money, property, labor, or other
28-13 things of value from any source, including the United States, a
28-14 state of the United States, the United Mexican States, a state of
28-15 the United Mexican States, the commission, the department, any
28-16 subdivision of the state, or any other local governmental or
28-17 private entity, to be used for the purposes for which the grants or
28-18 contributions are made, and enter into any agreement necessary for
28-19 the grants or contributions;
28-20 (10) install, construct, maintain, repair, renew,
28-21 relocate, and remove public utility facilities in, on, along, over,
28-22 or under a turnpike project;
28-23 (11) organize a corporation under Chapter 431 for the
28-24 promotion and development of turnpike projects and systems;
28-25 (12) adopt and enforce rules not inconsistent with
28-26 this chapter for the use of any turnpike project or system,
28-27 including traffic and other public safety rules;
29-1 (13) enter into leases, operating agreements, service
29-2 agreements, licenses, franchises, and similar agreements with
29-3 public or private parties governing the parties' use of all or any
29-4 portion of a turnpike project and the rights and obligations of the
29-5 authority with respect to a turnpike project; and
29-6 (14) do all things necessary or appropriate to carry
29-7 out the powers expressly granted by this chapter.
29-8 (b) Property comprising a part of a turnpike project or a
29-9 system is not subject to condemnation or the power of eminent
29-10 domain by any person, including a governmental entity.
29-11 (c) An authority may, if requested by the commission,
29-12 perform any function not specified by this chapter to promote or
29-13 develop turnpike projects and systems in this state.
29-14 (d) An authority may sue and be sued and plead and be
29-15 impleaded in its own name.
29-16 (e) An authority may rent, lease, franchise, license, or
29-17 otherwise make portions of its properties available for use by
29-18 others in furtherance of its powers under this chapter by
29-19 increasing the feasibility or the revenue of a turnpike project or
29-20 system.
29-21 (f) An authority and any local governmental entity may enter
29-22 into a contract under which the authority will operate a turnpike
29-23 project or system on behalf of the local governmental entity. The
29-24 payments to be made to an authority under the contract shall
29-25 constitute operating expenses of the facility or system that is to
29-26 be operated under the contract, and the contract may extend for a
29-27 number of years as the parties agree.
30-1 Sec. 366.034. ESTABLISHMENT OF TURNPIKE SYSTEMS. (a) If an
30-2 authority determines that the traffic needs of the counties in
30-3 which it operates and the traffic needs of the surrounding region
30-4 could be most efficiently and economically met by jointly operating
30-5 two or more turnpike projects as one operational and financial
30-6 enterprise, it may create a system comprised of those turnpike
30-7 projects. An authority may create more than one system and may
30-8 combine two or more systems into one system. An authority may
30-9 finance, acquire, construct, and operate additional turnpike
30-10 projects as additions to and expansions of a system if the
30-11 authority determines that the turnpike project could most
30-12 efficiently and economically be acquired and constructed if it were
30-13 a part of the system and that the addition will benefit the system.
30-14 (b) The revenue of a system shall be accounted for
30-15 separately and may not be commingled with the revenue of a turnpike
30-16 project that is not a part of the system or with the revenue of
30-17 another system.
30-18 Sec. 366.035. CONVERSION OF STATE HIGHWAY SYSTEM PROJECTS.
30-19 (a) If the commission determines that the most feasible and
30-20 economic means to accomplish necessary expansion, improvements, or
30-21 extensions to the state highway system is the conversion to a
30-22 turnpike project of a segment of the free state highway system, any
30-23 segment located in a county of an authority or a county in which an
30-24 authority operates a turnpike project or in any county adjacent to
30-25 those counties may, on approval of the governor and the affected
30-26 authority, be transferred by order of the commission to that
30-27 authority. An authority that receives the segment of highway may
31-1 own, operate, and maintain the segment as a turnpike project or
31-2 system or a part of a turnpike project or system under this
31-3 chapter.
31-4 (b) An authority shall reimburse the commission for the cost
31-5 of a transferred highway, unless the commission determines that the
31-6 transfer will result in substantial net benefits to the state, the
31-7 department, and the traveling public that exceed that cost. The
31-8 cost includes the total amount expended by the department for the
31-9 original construction of the highway, including all costs
31-10 associated with the preliminary engineering and design engineering
31-11 for plans, specifications, and estimates, the acquisition of
31-12 necessary rights-of-way, and actual construction of the highway and
31-13 all necessary appurtenant facilities. Costs anticipated to be
31-14 expended to expand, improve, or extend the highway shall be
31-15 deducted from the costs to be reimbursed to the commission.
31-16 (c) The commission shall, at the time of a transfer, remove
31-17 the segment of highway from the state highway system. After a
31-18 transfer the commission has no liability, responsibility, or duty
31-19 for the maintenance or operation of the highway.
31-20 (d) Before transferring a segment of the state highway
31-21 system under this section, the commission shall conduct a public
31-22 hearing to receive comments from interested persons concerning the
31-23 proposed transfer. Notice of the hearing must be published in the
31-24 Texas Register, one or more newspapers of general circulation in
31-25 the counties in which the segment is located, and a newspaper, if
31-26 any, published in the counties of the applicable authority.
31-27 (e) The commission shall adopt rules implementing this
32-1 section. The rules shall include criteria and guidelines for the
32-2 approval of a transfer of a highway.
32-3 (f) An authority shall adopt rules providing criteria and
32-4 guidelines for approving the acceptance of a highway under this
32-5 section.
32-6 (Sections 366.036-366.070 reserved for expansion
32-7 SUBCHAPTER C. FEASIBILITY OF REGIONAL TURNPIKE PROJECTS
32-8 Sec. 366.071. EXPENDITURES FOR FEASIBILITY STUDIES. (a) An
32-9 authority may pay the expenses of studying the cost and
32-10 feasibility and any other expenses relating to the preparation and
32-11 issuance of bonds for a proposed turnpike project or system by:
32-12 (1) using legally available revenue derived from an
32-13 existing turnpike project or system;
32-14 (2) borrowing money and issuing bonds or entering into
32-15 a loan agreement payable out of legally available revenue
32-16 anticipated to be derived from the operation of an existing
32-17 turnpike project or system; or
32-18 (3) pledging to the payment of the bonds or loan
32-19 agreements legally available revenue anticipated to be derived from
32-20 the operation of an existing turnpike project or system or revenue
32-21 legally available to the authority from another source.
32-22 (b) Money spent under this section for a proposed turnpike
32-23 project or system must be reimbursed to the turnpike project or
32-24 system from which the money was spent from the proceeds of bonds
32-25 issued for the acquisition and construction of the proposed
32-26 turnpike project or system.
32-27 (c) The use of any money of a turnpike project or system to
33-1 study the feasibility of another turnpike project or system or used
33-2 to repay any money used for that purpose does not constitute an
33-3 operating expense of the turnpike project or system producing the
33-4 revenue and may only be paid from the surplus money of the turnpike
33-5 project or system.
33-6 Sec. 366.072. FEASIBILITY STUDY FUND. (a) An authority may
33-7 maintain a feasibility study fund. The fund is a revolving fund
33-8 held in trust by a banking institution chosen by the authority and
33-9 shall be kept separate from the money for any turnpike project or
33-10 system.
33-11 (b) An authority may transfer an amount from a surplus fund
33-12 established for a turnpike project or system to the authority's
33-13 feasibility study fund if the remainder of the surplus fund is not
33-14 less than any minimum amount required by the bond proceedings to be
33-15 retained for that turnpike project or system.
33-16 (c) Money in the feasibility study fund may be used only to
33-17 pay the expenses of studying the cost and feasibility and any other
33-18 expenses relating to:
33-19 (1) the preparation and issuance of bonds for the
33-20 acquisition and construction of a proposed turnpike project or
33-21 system;
33-22 (2) the financing of the improvement, extension, or
33-23 expansion of an existing turnpike project or system; and
33-24 (3) private participation, as authorized by law, in
33-25 the financing of a proposed turnpike project or system, the
33-26 refinancing of an existing turnpike project or system, or the
33-27 improvement, extension, or expansion of a turnpike project or
34-1 system.
34-2 (d) Money spent under Subsection (c) for a proposed turnpike
34-3 project or system must be reimbursed from the proceeds of turnpike
34-4 revenue bonds issued for, or other proceeds that may be used for,
34-5 the acquisition, construction, improvement, extension, expansion,
34-6 or operation of the turnpike project or system.
34-7 (e) For a purpose described by Subsection (c), an authority
34-8 may borrow money and issue promissory notes or other
34-9 interest-bearing evidences of indebtedness payable out of its
34-10 feasibility study fund, pledging money in the fund or to be placed
34-11 in the fund.
34-12 Sec. 366.073. FEASIBILITY STUDY BY MUNICIPALITY, COUNTY,
34-13 OTHER LOCAL GOVERNMENTAL ENTITY, OR PRIVATE GROUP. (a) One or
34-14 more municipalities, counties, or local governmental entities, a
34-15 combination of municipalities, counties, and local governmental
34-16 entities, or a private group or combination of individuals in this
34-17 state may pay all or part of the expenses of studying the cost and
34-18 feasibility and any other expenses relating to:
34-19 (1) the preparation and issuance of bonds for the
34-20 acquisition and construction of a proposed turnpike project or
34-21 system by an authority;
34-22 (2) the improvement, extension, or expansion of an
34-23 authority's existing turnpike project or system; or
34-24 (3) the use of private participation under applicable
34-25 law in connection with the acquisition, construction, improvement,
34-26 expansion, extension, maintenance, repair, or operation of a
34-27 turnpike project or system by an authority.
35-1 (b) Money spent under Subsection (a) for an authority's
35-2 proposed turnpike project or system is reimbursable without
35-3 interest and with the consent of the authority to the person paying
35-4 the expenses described in Subsection (a) out of the proceeds from
35-5 turnpike revenue bonds issued for or other proceeds that may be
35-6 used for the acquisition, construction, improvement, extension,
35-7 expansion, or operation of the turnpike project or system.
35-8 (Sections 366.074-366.110 reserved for expansion
35-9 SUBCHAPTER D. TURNPIKE FINANCING
35-10 Sec. 366.111. TURNPIKE REVENUE BONDS. (a) An authority, by
35-11 adoption of a bond resolution, may authorize the issuance of bonds
35-12 to pay all or part of the cost of a turnpike project or system, to
35-13 refund any bonds previously issued for the turnpike project or
35-14 system, or to pay for all or part of the cost of a turnpike project
35-15 or system that will become a part of another system.
35-16 (b) As determined in the bond resolution, the bonds of each
35-17 issue shall:
35-18 (1) be dated;
35-19 (2) bear interest at the rate or rates and beginning
35-20 on the dates, as authorized by law, or bear no interest;
35-21 (3) mature at the time or times, not exceeding 40
35-22 years from their date or dates; and
35-23 (4) be made redeemable before maturity at the price or
35-24 prices and under the terms provided by the bond resolution.
35-25 (c) An authority may sell the bonds at public or private
35-26 sale in the manner and for the price it determines to be in the
35-27 best interest of the authority.
36-1 (d) The proceeds of each bond issue shall be disbursed in
36-2 the manner and under the restrictions, if any, the authority
36-3 provides in the bond resolution.
36-4 (e) Additional bonds may be issued in the same manner to pay
36-5 the costs of a turnpike project or system. Unless otherwise
36-6 provided in the bond resolution, the additional bonds shall be on a
36-7 parity, without preference or priority, with bonds previously
36-8 issued and payable from the revenue of the turnpike project or
36-9 system. In addition, an authority may issue bonds for a turnpike
36-10 project or system secured by a lien on the revenue of the turnpike
36-11 project or system subordinate to the lien on the revenue securing
36-12 other bonds issued for the turnpike project or system.
36-13 (f) If the proceeds of a bond issue exceed the cost of the
36-14 turnpike project or system for which the bonds were issued, the
36-15 surplus shall be segregated from the other money of the authority
36-16 and used only for the purposes specified in the bond resolution.
36-17 (g) Bonds issued and delivered under this chapter and
36-18 interest coupons on the bonds are a security under Chapter 8,
36-19 Business & Commerce Code.
36-20 (h) Bonds issued under this chapter and income from the
36-21 bonds, including any profit made on the sale or transfer of the
36-22 bonds, are exempt from taxation in this state.
36-23 Sec. 366.112. INTERIM BONDS. (a) An authority may, before
36-24 issuing definitive bonds, issue interim bonds, with or without
36-25 coupons, exchangeable for definitive bonds.
36-26 (b) The interim bonds may be authorized and issued in
36-27 accordance with this chapter, without regard to the requirements,
37-1 restrictions, or procedural provisions contained in any other law.
37-2 (c) A bond resolution authorizing interim bonds may provide
37-3 that the interim bonds recite that the bonds are issued under this
37-4 chapter. The recital is conclusive evidence of the validity and
37-5 the regularity of the bonds' issuance.
37-6 Sec. 366.113. PAYMENT OF BONDS; STATE AND COUNTY CREDIT NOT
37-7 PLEDGED. (a) The principal of, interest on, and any redemption
37-8 premium on bonds issued by an authority are payable solely from:
37-9 (1) the revenue of the turnpike project or system for
37-10 which the bonds are issued, including tolls pledged to pay the
37-11 bonds;
37-12 (2) payments made under an agreement with the
37-13 commission or a local governmental entity as provided by Subchapter
37-14 G;
37-15 (3) money derived from any other source available to
37-16 the authority, other than money derived from a turnpike project
37-17 that is not part of the same system or money derived from a
37-18 different system, except to the extent that the surplus revenue of
37-19 a turnpike project or system has been pledged for that purpose; and
37-20 (4) amounts received under a credit agreement relating
37-21 to the turnpike project or system for which the bonds are issued.
37-22 (b) Bonds issued under this chapter do not constitute a debt
37-23 of the state or any of the counties of an authority or a pledge of
37-24 the faith and credit of the state or any of the counties. Each
37-25 bond must contain on its face a statement to the effect that the
37-26 state, the authority, and the counties of the authority are not
37-27 obligated to pay the bond or the interest on the bond from a source
38-1 other than the amount pledged to pay the bond and the interest on
38-2 the bond, and neither the faith and credit and taxing power of the
38-3 state or the counties of the authority are pledged to the payment
38-4 of the principal of or interest on the bond.
38-5 (c) An authority may not incur financial obligations that
38-6 cannot be paid from revenue derived from owning or operating the
38-7 authority's turnpike projects and systems or from other revenue
38-8 provided by law.
38-9 Sec. 366.114. EFFECT OF LIEN. (a) A lien on or a pledge of
38-10 revenue from a turnpike project or system under this chapter or on
38-11 a reserve, replacement, or other fund established in connection
38-12 with a bond issued under this chapter:
38-13 (1) is enforceable at the time of payment for and
38-14 delivery of the bond;
38-15 (2) applies to an item on hand or subsequently
38-16 received;
38-17 (3) applies without physical delivery of an item or
38-18 other act; and
38-19 (4) is enforceable against any person having any
38-20 claim, in tort, contract, or other remedy, against the applicable
38-21 authority without regard to whether the person has notice of the
38-22 lien or pledge.
38-23 (b) A bond resolution is not required to be recorded except
38-24 in the regular records of the authority.
38-25 Sec. 366.115. BOND INDENTURE. (a) Bonds issued under this
38-26 chapter may be secured by a bond indenture between the authority
38-27 and a corporate trustee that is a trust company or a bank that has
39-1 the powers of a trust company.
39-2 (b) A bond indenture may pledge or assign the tolls and
39-3 other revenue to be received but may not convey or mortgage any
39-4 part of a turnpike project or system.
39-5 (c) A bond indenture may:
39-6 (1) set forth the rights and remedies of the
39-7 bondholders and the trustee;
39-8 (2) restrict the individual right of action by
39-9 bondholders as is customary in trust agreements or indentures of
39-10 trust securing corporate bonds and debentures; and
39-11 (3) contain provisions the authority determines
39-12 reasonable and proper for the security of the bondholders,
39-13 including covenants:
39-14 (A) establishing the authority's duties relating
39-15 to:
39-16 (i) the acquisition of property;
39-17 (ii) the construction, maintenance,
39-18 operation, and repair of and insurance for a turnpike project or
39-19 system; and
39-20 (iii) custody, safeguarding, and
39-21 application of money;
39-22 (B) prescribing events that constitute default;
39-23 (C) prescribing terms on which any or all of the
39-24 bonds become or may be declared due before maturity; and
39-25 (D) relating to the rights, powers, liabilities,
39-26 or duties that arise on the breach of an authority's duty.
39-27 (d) The expenses incurred in carrying out a trust agreement
40-1 may be treated as part of the cost of operating the turnpike
40-2 project.
40-3 (e) In addition to all other rights by mandamus or other
40-4 court proceeding, an owner or trustee of a bond issued under this
40-5 chapter may enforce the owner's rights against an issuing
40-6 authority, the authority's employees, the authority's board, or an
40-7 agent or employee of the authority's board and is entitled to:
40-8 (1) require the authority and the board to impose and
40-9 collect tolls, charges, and other revenue sufficient to carry out
40-10 any agreement contained in the bond proceedings; and
40-11 (2) apply for and obtain the appointment of a receiver
40-12 for the turnpike project or system.
40-13 Sec. 366.116. APPROVAL OF BONDS BY ATTORNEY GENERAL.
40-14 (a) An authority shall submit to the attorney general for
40-15 examination a transcript of proceedings relating to bonds
40-16 authorized under this chapter. The transcript shall include the
40-17 bond proceedings and any contract securing or providing revenue for
40-18 the payment of the bonds.
40-19 (b) If the attorney general determines that the bonds, the
40-20 bond proceedings, and any supporting contract are authorized by
40-21 law, the attorney general shall approve the bonds and deliver to
40-22 the comptroller:
40-23 (1) a copy of the legal opinion of the attorney
40-24 general stating the approval; and
40-25 (2) the record of proceedings relating to the
40-26 authorization of the bonds.
40-27 (c) On receipt of the legal opinion of the attorney general
41-1 and the record of proceedings relating to the authorization of the
41-2 bonds, the comptroller shall register the record of proceedings.
41-3 (d) After approval by the attorney general, the bonds, the
41-4 bond proceedings, and any supporting contract are valid,
41-5 enforceable, and incontestable in any court or other forum for any
41-6 reason and are binding obligations according to their terms for all
41-7 purposes.
41-8 Sec. 366.117. FURNISHING OF INDEMNIFYING BONDS OR PLEDGES OF
41-9 SECURITIES. (a) A bank or trust company incorporated under the
41-10 laws of this state that acts as depository of the proceeds of bonds
41-11 or of revenue may furnish indemnifying bonds or pledge securities
41-12 that an authority requires.
41-13 (b) Bonds of an authority may secure the deposit of public
41-14 money of the state or a political subdivision of the state to the
41-15 extent of the lesser of the face value of the bonds or their market
41-16 value.
41-17 Sec. 366.118. APPLICABILITY OF OTHER LAW; CONFLICTS. All
41-18 laws affecting the issuance of bonds by local governmental
41-19 entities, including Chapter 656, Acts of the 68th Legislature,
41-20 Regular Session, 1983 (Article 717q, Vernon's Texas Civil
41-21 Statutes), Chapter 3, Acts of the 61st Legislature, Regular
41-22 Session, 1969 (Article 717k-2, Vernon's Texas Civil Statutes), the
41-23 Bond Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil
41-24 Statutes), and Chapter 53, Acts of the 70th Legislature, 2nd Called
41-25 Session, 1987 (Article 717k-8, Vernon's Texas Civil Statutes),
41-26 apply to bonds issued under this chapter. To the extent of a
41-27 conflict between those laws and this chapter, the provisions of
42-1 this chapter prevail.
42-2 (Sections 366.119-366.160 reserved for expansion
42-3 SUBCHAPTER E. ACQUISITION, CONSTRUCTION, AND OPERATION
42-4 OF TURNPIKE PROJECTS
42-5 Sec. 366.161. TURNPIKE PROJECTS EXTENDING INTO OTHER
42-6 COUNTIES. An authority may acquire, construct, operate, maintain,
42-7 expand, or extend a turnpike project in:
42-8 (1) a county that is a part of the authority;
42-9 (2) a county in which the authority operates or is
42-10 constructing a turnpike project if the turnpike project in the
42-11 affected county is a continuation of the authority's turnpike
42-12 project or system extending from an adjacent county; or
42-13 (3) a county in which the authority operates or is
42-14 constructing a turnpike project that is not a continuation of the
42-15 authority's turnpike project or system if the commissioners court
42-16 of the county and the commission have approved the project.
42-17 Sec. 366.162. POWERS AND PROCEDURES OF AUTHORITY IN
42-18 ACQUIRING PROPERTY. (a) An authority may construct or improve a
42-19 turnpike project on real property, including a right-of-way
42-20 acquired by the authority or provided to the authority for that
42-21 purpose by the commission, a political subdivision of this state,
42-22 or any other local governmental entity.
42-23 (b) Except as provided by this chapter, an authority has the
42-24 same powers and may use the same procedures as the commission in
42-25 acquiring property.
42-26 Sec. 366.163. ACQUISITION OF PROPERTY. (a) An authority
42-27 may acquire in the name of the authority public or private real
43-1 and other property it determines necessary or convenient for the
43-2 design, financing, construction, operation, maintenance, expansion,
43-3 or extension of a turnpike project or for otherwise carrying out
43-4 this chapter.
43-5 (b) The property an authority may acquire under this
43-6 subchapter includes all or any portion of, and rights in and to:
43-7 (1) public or private land, streets, alleys,
43-8 rights-of-way, parks, playgrounds, and reservations;
43-9 (2) franchises;
43-10 (3) easements;
43-11 (4) licenses; and
43-12 (5) other interests in real and other property.
43-13 (c) An authority may acquire real property by any method,
43-14 including purchase and condemnation. An authority may purchase
43-15 public or private real property on the terms and at the price the
43-16 authority and the property owner consider reasonable.
43-17 Sec. 366.164. RIGHT OF ENTRY. (a) To acquire property
43-18 necessary or useful in connection with a turnpike project, an
43-19 authority may enter any real property, water, or premises to make a
43-20 survey, geotechnical evaluation, sounding, or examination.
43-21 (b) An entry under Subsection (a) is not:
43-22 (1) a trespass; or
43-23 (2) an entry under a pending condemnation proceeding.
43-24 Sec. 366.165. CONDEMNATION OF REAL PROPERTY. (a) Subject
43-25 to Subsection (c), an authority may acquire public or private real
43-26 property in the name of the authority by the exercise of the power
43-27 of condemnation under the laws applicable to the exercise of that
44-1 power on property for public use if:
44-2 (1) the authority and the property owner cannot agree
44-3 on a reasonable price for the property; or
44-4 (2) the property owner is legally incapacitated,
44-5 absent, unknown, or unable to convey title.
44-6 (b) An authority may condemn real property that the
44-7 authority determines is:
44-8 (1) necessary or appropriate to construct or to
44-9 efficiently operate a turnpike project;
44-10 (2) necessary to restore public or private property
44-11 damaged or destroyed;
44-12 (3) necessary for access, approach, and interchange
44-13 roads;
44-14 (4) necessary for supplemental facilities of the
44-15 authority;
44-16 (5) necessary to provide proper drainage and ground
44-17 slope for a turnpike project; or
44-18 (6) necessary otherwise to implement this chapter.
44-19 (c) An authority's acquisition of any real or other property
44-20 of the commission under this section or any other section of this
44-21 chapter, or an authority's relocation, rerouting, disruption, or
44-22 alteration of any facility of the commission is considered a
44-23 conversion of a state highway under Section 366.035 and is subject
44-24 to all requirements and approvals of a conversion under that
44-25 section.
44-26 Sec. 366.166. DECLARATION OF TAKING. (a) An authority may
44-27 file a declaration of taking with the clerk of the court:
45-1 (1) in which the authority files a condemnation
45-2 petition under Chapter 21, Property Code; or
45-3 (2) to which the case is assigned.
45-4 (b) An authority may file the declaration of taking
45-5 concurrently with or subsequent to the petition, but may not file
45-6 the declaration after the special commissioners have made an award
45-7 in the condemnation proceeding.
45-8 (c) The declaration of taking must include:
45-9 (1) a specific reference to the legislative authority
45-10 for the condemnation;
45-11 (2) a description and plot plan of the real property
45-12 to be condemned, including the following information if applicable:
45-13 (A) the municipality in which the property is
45-14 located;
45-15 (B) the street address of the property; and
45-16 (C) the lot and block number of the property;
45-17 (3) a statement of the property interest to be
45-18 condemned;
45-19 (4) the name and address of each property owner that
45-20 the authority can obtain after reasonable investigation and a
45-21 description of the owner's interest in the property; and
45-22 (5) a statement that immediate possession of all or
45-23 part of the property to be condemned is necessary for the timely
45-24 construction of a turnpike project.
45-25 (d) A deposit to the registry of the court of an amount
45-26 equal to the appraised fair market value, as determined by the
45-27 authority, of the property to be condemned and any damages to the
46-1 remainder must accompany the declaration of taking.
46-2 (e) Instead of the deposit under Subsection (d), at its
46-3 option, the authority may, concurrently with the declaration of a
46-4 taking, tender in favor of the owner of the subject property a bond
46-5 or other security in an amount sufficient to secure the owner for
46-6 the value of the property taken and damages to remaining property,
46-7 if the authority obtains the court's approval.
46-8 (f) The date on which the declaration is filed is the date
46-9 of taking for the purpose of assessing the value of the property
46-10 taken and damages to any remaining property to which an owner is
46-11 entitled.
46-12 (g) An owner may draw upon the deposit held by the court
46-13 under Subsection (d) on the same terms and conditions as are
46-14 applicable under state law to a property owner's withdrawal of a
46-15 commissioners' award deposited under Section 21.021(a)(1), Property
46-16 Code.
46-17 (h) A property owner that is a defendant in an eminent
46-18 domain action filed by an authority under this chapter has 20 days
46-19 after the date of service of process of both a condemnation
46-20 petition and a notice of declaration of taking to give notice to
46-21 the court in which the action is pending of the defendant's desire
46-22 to have the condemnation petition placed on the court's docket in
46-23 the same manner as other cases pending in the court. On receipt of
46-24 timely notice from the defendant, the court in which the eminent
46-25 domain action is pending shall place the case on its docket in the
46-26 same manner as other cases pending in the court.
46-27 Sec. 366.167. POSSESSION OF PROPERTY. (a) Immediately on
47-1 the filing of a declaration of taking, an authority shall serve a
47-2 copy of the declaration on each person possessing an interest in
47-3 the condemned property by a method prescribed by Section 21.016(d),
47-4 Property Code. The authority shall file evidence of the service
47-5 with the clerk of the court. On filing of that evidence, the
47-6 authority may take possession of the property on the same terms as
47-7 if a commissioners hearing had been conducted, pending the
47-8 litigation.
47-9 (b) If the condemned property is a homestead or a portion of
47-10 a homestead as defined by Section 41.002, Property Code, an
47-11 authority may not take possession before the 31st day after the
47-12 date of service under Subsection (a).
47-13 (c) A property owner or tenant who refuses to vacate the
47-14 property or yield possession is subject to forcible entry and
47-15 detainer under Chapter 24, Property Code.
47-16 Sec. 366.168. SEVERANCE OF REAL PROPERTY. (a) If an
47-17 authority's turnpike project severs a property owner's real
47-18 property, the authority shall pay:
47-19 (1) the value of the property acquired; and
47-20 (2) the damages, if any, to the remainder of the
47-21 owner's property caused by the severance, including damages caused
47-22 by the inaccessibility of one tract from the other.
47-23 (b) At its option, an authority may negotiate for and
47-24 purchase the severed real property or any part of the severed real
47-25 property if the authority and the property owner agree on terms for
47-26 the purchase. An authority may sell and dispose of severed real
47-27 property that it determines is not necessary or useful to the
48-1 authority. Severed property must be appraised before being offered
48-2 for sale by an authority.
48-3 Sec. 366.169. ACQUISITION OF RIGHTS IN PUBLIC REAL PROPERTY.
48-4 (a) An authority may use real property, including submerged land,
48-5 streets, alleys, and easements, owned by the state or a local
48-6 governmental entity that the authority considers necessary for the
48-7 construction or operation of a turnpike project.
48-8 (b) The state or a local governmental entity having charge
48-9 of public real property may consent to the use of the property for
48-10 a turnpike project.
48-11 (c) Except as provided by Section 366.035, the state or a
48-12 local governmental entity may convey, grant, or lease to an
48-13 authority real property, including highways and other real property
48-14 already devoted to public use and rights or easements in real
48-15 property, that may be necessary or convenient to accomplish the
48-16 authority's purposes, including the construction or operation of a
48-17 turnpike project.
48-18 (d) This section does not deprive the School Land Board of
48-19 the power to execute leases for the development of oil, gas, and
48-20 other minerals on state-owned real property adjoining a turnpike
48-21 project or in tidewater limits. The leases may provide for
48-22 directional drilling from the adjoining property or tidewater area.
48-23 Sec. 366.170. COMPENSATION FOR AND RESTORATION OF PUBLIC
48-24 PROPERTY. (a) Except as provided by Section 366.035 or Section
48-25 366.165(c), an authority may not pay compensation for public real
48-26 property, parkways, streets, highways, alleys, or reservations it
48-27 takes, except for parks and playgrounds or as provided by this
49-1 chapter.
49-2 (b) Public property damaged in the exercise of powers
49-3 granted by this chapter shall be restored or repaired and placed in
49-4 its original condition as nearly as practicable.
49-5 (c) An authority has full easements and rights-of-way
49-6 through, across, under, and over any property owned by the state or
49-7 any local governmental entity that are necessary or convenient to
49-8 construct, acquire, or efficiently operate a turnpike project or
49-9 system under this chapter.
49-10 Sec. 366.171. PUBLIC UTILITY FACILITIES. (a) An authority
49-11 may adopt rules for the installation, construction, operation,
49-12 maintenance, repair, renewal, relocation, and removal of a public
49-13 utility facility in, on, along, over, or under a turnpike project.
49-14 (b) If an authority determines it is necessary that a public
49-15 utility facility located in, on, along, over, or under a turnpike
49-16 project be relocated in the turnpike project, removed from the
49-17 turnpike project, or carried along or across the turnpike project
49-18 by grade separation, the owner or operator of the utility facility
49-19 shall relocate or remove the facility in accordance with the
49-20 requirements of the authority and in a manner that does not impede
49-21 the design, financing, construction, operation, or maintenance of
49-22 the turnpike project. The authority, as a part of the cost of the
49-23 turnpike project or the cost of operating the turnpike project,
49-24 shall pay the cost of the relocation, removal, or grade separation,
49-25 including the cost of:
49-26 (1) installation of the facility in a new location;
49-27 (2) interests in real property and other rights
50-1 acquired to accomplish the relocation or removal; and
50-2 (3) maintenance of grade separation structures.
50-3 (c) The authority may reduce the total costs to be paid by
50-4 the authority under Subsection (b) by 10 percent for each 30-day
50-5 period or portion of a 30-day period by which the relocation
50-6 exceeds the limit specified by the authority. If an owner or
50-7 operator of a public utility facility does not timely remove or
50-8 relocate as required under Subsection (b), the authority may do so
50-9 at the expense of the public utility. If the authority determines
50-10 that a delay in relocation is the result of circumstances beyond
50-11 the control of the utility, full costs shall be paid by the
50-12 authority.
50-13 (d) Chapter 228, Acts of the 51st Legislature, Regular
50-14 Session, 1949 (Article 1436a, Vernon's Texas Civil Statutes),
50-15 applies to the erection, construction, maintenance, and operation
50-16 of lines and poles owned by a corporation described by Section 1 of
50-17 that Act over, under, across, on, and along a turnpike project or
50-18 system constructed by an authority. An authority has the powers
50-19 and duties delegated to the commissioners court by that Act, and an
50-20 authority has exclusive jurisdiction and control of utilities
50-21 located in its rights-of-way.
50-22 (e) The laws of this state applicable to the use of public
50-23 roads, streets, and waters by a telephone and telegraph corporation
50-24 apply to the erection, construction, maintenance, location, and
50-25 operation of a line, pole, or other fixture by a telephone and
50-26 telegraph corporation over, under, across, on, and along a turnpike
50-27 project or system constructed by an authority under this chapter.
51-1 (f) In this section "public utility facility" means a track,
51-2 pipe, main, conduit, cable, wire, tower, pole, or other item of
51-3 plant or equipment or an appliance of a public utility or other
51-4 person.
51-5 Sec. 366.172. LEASE, SALE, OR CONVEYANCE OF TURNPIKE
51-6 PROJECT. (a) An authority may lease, sell, or convey in another
51-7 manner a turnpike project to the department, a county, or a local
51-8 government corporation created under Chapter 431.
51-9 (b) An agreement to lease, sell, or convey a turnpike
51-10 project under this section must provide for the discharge and final
51-11 payment or redemption of the authority's outstanding bonded
51-12 indebtedness for the turnpike project and may not be prohibited
51-13 under the bond proceedings applicable to the system, if any, of
51-14 which the turnpike project is a part.
51-15 Sec. 366.173. REVENUE. (a) An authority may:
51-16 (1) impose tolls for the use of each of its turnpike
51-17 projects and systems and the different parts or sections of each
51-18 of its turnpike projects and systems; and
51-19 (2) contract with a person for the use of part of a
51-20 turnpike project or system or lease or sell part of a turnpike
51-21 project or system, including the right-of-way adjoining the paved
51-22 portion, for any purpose, including placing on the adjoining
51-23 right-of-way a gas station, garage, store, hotel, restaurant,
51-24 parking facility, railroad track, billboard, livestock pasturage,
51-25 telephone line or facility, telecommunication line or facility,
51-26 data transmission line or facility, and electric line or facility,
51-27 under terms set by the authority.
52-1 (b) Tolls must be set so that the aggregate of tolls from an
52-2 authority's turnpike project or system, together with other revenue
52-3 of the turnpike project or system:
52-4 (1) provides revenue sufficient to pay:
52-5 (A) the cost of maintaining, repairing, and
52-6 operating the turnpike project or system; and
52-7 (B) the principal of and interest on the bonds
52-8 issued for the turnpike project or system as those bonds become due
52-9 and payable; and
52-10 (2) creates a reserve for a purpose listed under
52-11 Subdivision (1).
52-12 (c) Tolls are not subject to supervision or regulation by
52-13 any state agency or other local governmental entity.
52-14 (d) Tolls and other revenue derived from a turnpike project
52-15 or system for which bonds are issued, except the part necessary to
52-16 pay the cost of maintenance, repair, and operation and to provide
52-17 reserves for those costs as may be provided in the bond
52-18 proceedings, shall be set aside at regular intervals as may be
52-19 provided in the bond resolution or trust agreement in a sinking
52-20 fund that is pledged to and charged with the payment of:
52-21 (1) interest on the bonds as it becomes due;
52-22 (2) principal of the bonds as it becomes due;
52-23 (3) necessary charges of paying agents for paying
52-24 principal and interest; and
52-25 (4) the redemption price or the purchase price of
52-26 bonds retired by call or purchase as provided by the bond
52-27 proceedings.
53-1 (e) Use and disposition of money to the credit of the
53-2 sinking fund is subject to the bond proceedings.
53-3 (f) To the extent permitted under the applicable bond
53-4 proceedings, revenue from one turnpike project of an authority may
53-5 be used to pay the cost of other turnpike projects of the
53-6 authority.
53-7 Sec. 366.174. AUTHORITY REVOLVING FUND. (a) An authority
53-8 may maintain a revolving fund to be held in trust by a banking
53-9 institution chosen by the authority separate from any other funds
53-10 and administered by the authority's board.
53-11 (b) An authority may transfer into its revolving fund money
53-12 from any permissible source, including:
53-13 (1) money from a turnpike project if the transfer does
53-14 not diminish the money available for the project or the system to
53-15 less than an amount required to be retained by the bond proceedings
53-16 pertaining to the project or system;
53-17 (2) money received by the authority from any source
53-18 and not otherwise committed, including money from the transfer of a
53-19 turnpike project or system or sale of authority assets;
53-20 (3) advances authorized under Section 52-b, Article
53-21 III, Texas Constitution; and
53-22 (4) contributions, loans, grants, or assistance from
53-23 the United States, another state, a political subdivision of this
53-24 state, a foreign governmental entity, including the United Mexican
53-25 States or a state of the United Mexican States, a local
53-26 governmental entity, any private enterprise, or any person.
53-27 (c) The authority may use money in the revolving fund to:
54-1 (1) finance the acquisition, construction,
54-2 maintenance, or operation of a turnpike project or system,
54-3 including the extension, expansion, or improvement of a project or
54-4 system;
54-5 (2) provide matching money required in connection with
54-6 any federal, state, local, or private aid, grant, or other funding,
54-7 including aid or funding by or with public-private partnerships;
54-8 (3) provide credit enhancement either directly or
54-9 indirectly for bonds issued to acquire, construct, extend, expand,
54-10 or improve a turnpike project or system;
54-11 (4) provide security for or payment of future or
54-12 existing debt for the design, acquisition, construction, operation,
54-13 maintenance, extension, expansion, or improvement of a turnpike
54-14 project or system;
54-15 (5) borrow money and issue promissory notes or other
54-16 indebtedness payable out of the revolving fund for any purpose
54-17 authorized by this chapter; and
54-18 (6) provide for any other reasonable purpose that
54-19 assists in the financing of an authority as authorized by this
54-20 chapter.
54-21 (d) Money spent or advanced from the revolving fund for a
54-22 turnpike project or system must be reimbursed from the money of
54-23 that turnpike project or system, and there must be a reasonable
54-24 expectation of such repayment at the time of authorization.
54-25 Sec. 366.175. USE OF SURPLUS REVENUE. The board of an
54-26 authority may by resolution authorize the use of surplus revenue
54-27 of a turnpike project or system to pay the costs of another
55-1 turnpike project or system other than a project financed under
55-2 Subchapter G. The board may in the resolution prescribe terms for
55-3 the use of the revenue, including the pledge of the revenue, but
55-4 may not take an action under this section that violates, impairs,
55-5 or is inconsistent with a bond resolution, trust agreement, or
55-6 indenture governing the use of the surplus revenue.
55-7 Sec. 366.176. EXEMPTION FROM TAXATION OR ASSESSMENT.
55-8 (a) An authority is exempt from taxation of or assessments on:
55-9 (1) a turnpike project or system;
55-10 (2) property the authority acquires or uses under this
55-11 chapter; or
55-12 (3) income from property described by Subdivision (1)
55-13 or (2).
55-14 (b) An authority is exempt from payment of development fees,
55-15 utility connection fees, assessments, and service fees imposed or
55-16 assessed by a county, municipality, road and utility district,
55-17 river authority, any other state or local governmental entity, or
55-18 any property owners' or homeowners' association.
55-19 Sec. 366.177. ACTIONS AFFECTING EXISTING ROADS. (a) An
55-20 authority may impose a toll for transit over an existing free
55-21 road, street, or public highway transferred to the authority under
55-22 this chapter.
55-23 (b) An authority may construct a grade separation at an
55-24 intersection of a turnpike project with a railroad or highway and
55-25 change the line or grade of a highway to accommodate the design of
55-26 the grade separation. The action may not affect a segment of the
55-27 state highway system without the department's consent. The
56-1 authority shall pay the cost of a grade separation and any damage
56-2 incurred in changing a line or grade of a railroad or highway as
56-3 part of the cost of the turnpike project.
56-4 (c) If feasible, an authority shall provide access to
56-5 properties previously abutting a county or other public road that
56-6 is taken for a turnpike project and shall pay abutting property
56-7 owners the expenses or any resulting damages for a denial of access
56-8 to the road.
56-9 Sec. 366.178. FAILURE OR REFUSAL TO PAY TOLL. (a) A motor
56-10 vehicle other than a police or emergency vehicle that passes
56-11 through a toll collection facility, whether driven or towed, shall
56-12 pay the proper toll.
56-13 (b) A person who fails or refuses to pay a toll provided for
56-14 the use of a project is liable for a fine not to exceed $250, plus
56-15 an administrative fee incurred in connection with the violation.
56-16 (c) If a person fails to pay the proper toll:
56-17 (1) on issuance of a notice of nonpayment, the
56-18 registered owner of the nonpaying vehicle shall pay both the proper
56-19 toll and the administrative fee;
56-20 (2) an authority may charge an administrative fee of
56-21 not more than $100 to recover the cost of collecting the unpaid
56-22 toll; and
56-23 (3) an authority has a lien on the vehicle driven by
56-24 the person for the amount of the toll and may take and retain the
56-25 vehicle until the proper toll and applicable administrative fee
56-26 have been paid.
56-27 (d) Notice of nonpayment under Subsection (c)(1) shall be
57-1 sent by first-class mail and may not require payment of the proper
57-2 toll and the administrative fee before the 30th day after the date
57-3 the notice is mailed. The registered owner shall pay a separate
57-4 toll and administrative fee for each nonpayment.
57-5 (e) If the registered owner of the vehicle fails to pay the
57-6 proper toll and administrative fee in the time specified by the
57-7 notice, the owner shall be cited as for other traffic violations by
57-8 a peace officer of the authority or as otherwise provided by law,
57-9 and the owner shall pay a fine of not more than $250 for each
57-10 nonpayment.
57-11 (f) In the prosecution of a violation for nonpayment, proof
57-12 that the vehicle passed through a toll collection facility without
57-13 payment of the proper toll together with proof that the defendant
57-14 was the registered owner or the driver of the vehicle when the
57-15 failure to pay occurred, establishes the nonpayment of the
57-16 registered owner. The proof may be by testimony of a peace officer
57-17 or authority employee, video surveillance, or any other reasonable
57-18 evidence.
57-19 (g) The court of the local jurisdiction in which the
57-20 violation occurs may assess and collect the fine in addition to any
57-21 court costs. The court shall collect the proper toll and
57-22 administrative fee and forward the toll and fee to the authority.
57-23 (h) A registered owner who is the lessor of a vehicle for
57-24 which a notice of nonpayment has been issued is not liable if, not
57-25 later than the 30th day after the date the notice of nonpayment is
57-26 mailed, the registered owner provides to the authority a copy of
57-27 the lease agreement covering the vehicle on the date of the
58-1 nonpayment. The name and address of the lessee must be clearly
58-2 legible. If the lessor timely provides the required information,
58-3 the lessee of the vehicle on the date of the violation is
58-4 considered to be the owner of the vehicle for purposes of this
58-5 section. The lessee is subject to prosecution for failure to pay
58-6 the proper toll if the authority sends a notice of nonpayment to
58-7 the lessee by first-class mail not later than the 30th day after
58-8 the date of the receipt of the information from the lessor.
58-9 Sec. 366.179. USE AND RETURN OF TRANSPONDERS. (a) For
58-10 purposes of this section, a transponder is a device placed on or
58-11 within an automobile that is capable of transmitting or receiving
58-12 information used to assess or collect tolls. A transponder is
58-13 insufficiently funded if there is no money in the account for which
58-14 the transponder was issued.
58-15 (b) Any law enforcement or peace officer of the Department
58-16 of Public Safety or any peace officer of an authority may seize a
58-17 stolen or insufficiently funded transponder and return it to the
58-18 authority that issued the transponder. An insufficiently funded
58-19 transponder may not be seized before the 30th day after the date
58-20 that an authority has sent a notice of delinquency to the holder of
58-21 the account.
58-22 Sec. 366.180. CONTROLLED ACCESS TO TURNPIKE PROJECTS.
58-23 (a) An authority may designate a turnpike project or a portion of
58-24 a project as a controlled-access toll road.
58-25 (b) An authority by order may:
58-26 (1) prohibit the use of or access to or from a
58-27 turnpike project by a motor vehicle, bicycle, other vehicle, or a
59-1 pedestrian;
59-2 (2) deny access to or from:
59-3 (A) its turnpike projects;
59-4 (B) real property adjacent to its turnpike
59-5 projects; or
59-6 (C) a street, road, alley, highway, or other
59-7 public or private way intersecting its turnpike projects;
59-8 (3) designate locations on its turnpike projects at
59-9 which access to or from the toll road is permitted;
59-10 (4) control, restrict, and determine the type and
59-11 extent of access permitted at a designated location of access to
59-12 the turnpike projects; or
59-13 (5) erect appropriate protective devices to preserve
59-14 the utility, integrity, and use of its turnpike projects.
59-15 (c) Denial of access to or from a segment of the state
59-16 highway system is subject to the approval of the commission.
59-17 Sec. 366.181. PROMOTION OF TOLL ROADS. An authority may
59-18 promote the use of its turnpike projects by appropriate means,
59-19 including advertising or marketing as the authority determines
59-20 appropriate.
59-21 Sec. 366.182. OPERATION OF TURNPIKE PROJECT; PEACE OFFICERS.
59-22 (a) An authority shall police and operate its turnpike projects
59-23 through a force of police, peace officers, toll-takers, and other
59-24 employees of the authority or through services contracted under
59-25 Subsection (b) or (c).
59-26 (b) An authority may enter into an agreement with one or
59-27 more persons to provide, on terms and conditions approved by the
60-1 authority, personnel and services to design, construct, operate,
60-2 maintain, expand, enlarge, or extend the authority's turnpike
60-3 projects.
60-4 (c) An authority may contract with any state or local
60-5 government entity for the services of peace officers of that
60-6 agency.
60-7 (d) An authority may employ and commission a force of peace
60-8 officers. A peace officer commissioned by the authority under this
60-9 subsection holds office at the will of the authority. A person may
60-10 not be commissioned as a peace officer under this subsection unless
60-11 the person meets all standards for licensing by the Commission on
60-12 Law Enforcement Officer Standards and Education.
60-13 Sec. 366.183. AUDIT. An authority shall have a certified
60-14 public accountant audit the authority's books and accounts at least
60-15 annually. The cost of the audit may be treated as part of the cost
60-16 of construction or operation of a turnpike project.
60-17 Sec. 366.184. DISADVANTAGED BUSINESSES. (a) Consistent
60-18 with general law, an authority shall:
60-19 (1) set goals for the award of competitive contracts
60-20 to disadvantaged businesses;
60-21 (2) attempt to identify disadvantaged businesses that
60-22 provide or may provide supplies, materials, equipment, or services
60-23 to the authority; and
60-24 (3) give disadvantaged businesses full access to the
60-25 authority's contract bidding process, inform the businesses about
60-26 the process, offer the businesses assistance concerning the
60-27 process, and identify barriers to the businesses' participation in
61-1 the process.
61-2 (b) This section does not exempt an authority from
61-3 competitive bidding requirements provided by other law.
61-4 (Sections 366.185-366.250 reserved for expansion
61-5 SUBCHAPTER F. GOVERNANCE
61-6 Sec. 366.251. BOARD OF DIRECTORS. (a) An authority is
61-7 governed by a board of directors.
61-8 (b) The commissioners court of each county of the authority
61-9 shall appoint one director to serve on the board. The governor
61-10 shall appoint three directors to serve on the board.
61-11 (c) Directors shall be divided into two groups. To the
61-12 greatest degree possible, each group shall contain an equal number
61-13 of directors. Directors shall serve terms of two years, except
61-14 that one group of directors of the initial board of an authority
61-15 shall serve for a term of one year.
61-16 (d) Each director appointed by the governor must have
61-17 resided in a county of the authority for at least one year before
61-18 the person's appointment. Each director appointed by a
61-19 commissioners court must have resided in that county for at least
61-20 one year before the person's appointment.
61-21 (e) All appointments to the board shall be made without
61-22 regard to race, color, disability, sex, religion, age, or national
61-23 origin.
61-24 (f) An elected official is not eligible to serve as a
61-25 director.
61-26 (g) A vacancy in a position shall be filled promptly by the
61-27 entity that made the appointment.
62-1 (h) Each director has equal status and may vote.
62-2 (i) The board of an authority shall select one director as
62-3 the presiding officer of the board to serve in that capacity until
62-4 the person's term as a director expires. The board shall elect one
62-5 director as assistant presiding officer. The board shall select a
62-6 secretary and treasurer, neither of whom need be a director.
62-7 (j) The vote of a majority attending a board meeting is
62-8 necessary for any action taken by the board. If a vacancy exists
62-9 on a board, the majority of directors serving on the board is a
62-10 quorum.
62-11 Sec. 366.252. CONFLICT OF INTEREST. (a) A person is not
62-12 eligible to serve on the board of an authority if the person or
62-13 the person's spouse:
62-14 (1) is registered, certified, or licensed by an
62-15 occupational regulatory agency in the field of toll road
62-16 construction, maintenance, or operation;
62-17 (2) is employed by or participates in the management
62-18 of a business entity or other organization regulated by the
62-19 authority or receiving money from the authority;
62-20 (3) owns or controls, directly or indirectly, more
62-21 than a 10 percent interest in a business entity or other
62-22 organization regulated by or receiving money from the authority,
62-23 other than compensation for acquisition of turnpike right-of-way;
62-24 (4) uses or receives a substantial amount of tangible
62-25 goods, services, or money from the authority, other than
62-26 compensation or reimbursement authorized by law for board
62-27 membership, attendance, or expenses, or for compensation for
63-1 acquisition of turnpike right-of-way;
63-2 (5) is an officer, employee, or paid consultant of a
63-3 Texas trade association in the field of road construction,
63-4 maintenance, or operation; or
63-5 (6) is required to register as a lobbyist under
63-6 Chapter 305, Government Code, because of the person's activities
63-7 for compensation on behalf of a profession related to the operation
63-8 of the authority.
63-9 (b) A person may not act as the general counsel to an
63-10 authority if the person is required to register as a lobbyist under
63-11 Chapter 305, Government Code, because of the person's activities
63-12 for compensation on behalf of a profession related to the operation
63-13 of the authority.
63-14 (c) In this section, "Texas trade association" means a
63-15 nonprofit, cooperative, and voluntarily joined association of
63-16 business or professional competitors in this state designed to
63-17 assist its members and its industry or profession in dealing with
63-18 mutual business or professional problems and in promoting their
63-19 common interests.
63-20 Sec. 366.253. SURETY BONDS. (a) Before beginning a term,
63-21 each director shall execute a surety bond in the amount of $25,000,
63-22 and the secretary and treasurer shall execute a surety bond in the
63-23 amount of $50,000.
63-24 (b) Each surety bond must be:
63-25 (1) conditioned on the faithful performance of the
63-26 duties of office;
63-27 (2) executed by a surety company authorized to
64-1 transact business in this state; and
64-2 (3) filed with the secretary of state's office.
64-3 (c) The authority shall pay the expense of the bonds.
64-4 Sec. 366.254. REMOVAL OF DIRECTOR. (a) It is a ground for
64-5 removal of a director from the board if the director:
64-6 (1) did not have at the time of appointment the
64-7 qualifications required by Section 366.251(d);
64-8 (2) whether at the time of appointment or at any time
64-9 during the director's term, is ineligible under Section 366.251(f)
64-10 or 366.252 to serve as a director;
64-11 (3) cannot discharge the director's duties for a
64-12 substantial part of the term for which the director is appointed
64-13 because of illness or disability; or
64-14 (4) is absent from more than half of the regularly
64-15 scheduled board meetings that the director is eligible to attend
64-16 during a calendar year unless the absence is excused by majority
64-17 vote of the board.
64-18 (b) The validity of an action of the board is not affected
64-19 by the fact that it is taken when a ground for removal of a
64-20 director exists.
64-21 (c) If the administrative head of the authority has
64-22 knowledge that a potential ground for removal exists, that person
64-23 shall notify the presiding officer of the board of the ground. The
64-24 presiding officer shall then notify the person that appointed the
64-25 director that a potential ground for removal exists.
64-26 Sec. 366.255. COMPENSATION OF DIRECTOR. Each director is
64-27 entitled to reimbursement for the director's actual expenses
65-1 necessarily incurred in the performance of the director's duties.
65-2 A director is not entitled to any additional compensation for the
65-3 director's services.
65-4 Sec. 366.256. EVIDENCE OF AUTHORITY ACTIONS. Actions of an
65-5 authority are the actions of its board and may be evidenced in any
65-6 legal manner, including a board resolution.
65-7 Sec. 366.257. PUBLIC ACCESS. An authority shall:
65-8 (1) make and implement policies that provide the
65-9 public with a reasonable opportunity to appear before the board to
65-10 speak on any issue under the jurisdiction of the authority; and
65-11 (2) prepare and maintain a written plan that describes
65-12 how an individual who does not speak English or who has a physical,
65-13 mental, or developmental disability may be provided reasonable
65-14 access to the authority's programs.
65-15 Sec. 366.258. INDEMNIFICATION. (a) An authority may
65-16 indemnify one or more of its directors or officers for necessary
65-17 expenses and costs, including attorney's fees, incurred by the
65-18 directors or officers in connection with any claim asserted against
65-19 the directors or officers in their respective capacities as
65-20 directors or officers.
65-21 (b) If an authority does not fully indemnify a director or
65-22 officer as provided by Subsection (a), the court in a proceeding in
65-23 which any claim against the director or officer is asserted or any
65-24 court with jurisdiction of an action instituted by the director or
65-25 officer on a claim for indemnity may assess indemnity against the
65-26 authority, its receiver, or trustee only if the court finds that,
65-27 in connection with the claim, the director or officer is not guilty
66-1 of negligence or misconduct.
66-2 (c) A court may not assess indemnity under Subsection (b)
66-3 for an amount paid by the director or officer to the authority.
66-4 (d) This section applies to a former director or officer of
66-5 the authority.
66-6 Sec. 366.259. PURCHASE OF LIABILITY INSURANCE. (a) An
66-7 authority shall insure its officers and employees from liability
66-8 arising from the use, operation, or maintenance of equipment that
66-9 is used or may be used in connection with the laying out,
66-10 construction, or maintenance of the authority's turnpike projects.
66-11 (b) Insurance coverage under this section must be provided
66-12 by the purchase of a policy of liability insurance from a reliable
66-13 insurance company authorized to do business in this state. The
66-14 form of the policy must be approved by the commissioner of
66-15 insurance.
66-16 (c) This section is not a waiver of immunity of the
66-17 authority or the counties in an authority from liability for the
66-18 torts or negligence of an officer or employee of an authority.
66-19 (d) In this section, "equipment" includes an automobile,
66-20 motor truck, trailer, aircraft, motor grader, roller, tractor,
66-21 tractor power mower, and other power equipment.
66-22 Sec. 366.260. CERTAIN CONTRACTS AND SALES PROHIBITED.
66-23 (a) A director, agent, or employee of an authority may not:
66-24 (1) contract with the authority; or
66-25 (2) be directly or indirectly interested in:
66-26 (A) a contract with the authority; or
66-27 (B) the sale of property to the authority.
67-1 (b) A person who violates Subsection (a) is liable for a
67-2 civil penalty to the authority not to exceed $1,000.
67-3 (c) Subsection (a) does not apply to the sale of turnpike
67-4 right-of-way to an authority.
67-5 Sec. 366.261. ANNUAL REPORTS. Not later than March 31 of
67-6 each year, the directors and the administrative head of an
67-7 authority shall file with the commissioners court of each county of
67-8 the authority a written report on the authority's activities. At
67-9 the invitation of a commissioners court of a county in the
67-10 authority, the board and the administrative head of an authority
67-11 shall appear before the commissioners court to present the report
67-12 and receive questions and comments.
67-13 Sec. 366.262. MEETINGS BY TELEPHONE CONFERENCE CALL.
67-14 (a) Chapter 551, Government Code, does not prohibit any open or
67-15 closed meeting of the board, a committee of the board, or the
67-16 staff, or any combination of the board or staff, from being held by
67-17 telephone conference call.
67-18 (b) A telephone conference call meeting is subject to the
67-19 notice requirements applicable to other meetings.
67-20 (c) Notice of a telephone conference call meeting that by
67-21 law must be open to the public must specify the location of the
67-22 meeting. The location must be a conference room of the authority
67-23 or other facility in a county of the authority that is accessible
67-24 to the public.
67-25 (d) Each part of the telephone conference call meeting that
67-26 by law must be open to the public shall be audible to the public at
67-27 the location specified in the notice and shall be tape-recorded or
68-1 documented by written minutes. On conclusion of the meeting, the
68-2 tape recording or the written minutes of the meeting shall be made
68-3 available to the public.
68-4 (Sections 366.263-366.300 reserved for expansion
68-5 SUBCHAPTER G. AID FOR REGIONAL TURNPIKE PROJECTS
68-6 Sec. 366.301. DEPARTMENT CONTRIBUTIONS TO TURNPIKE PROJECTS.
68-7 (a) To the extent permitted by the Texas Constitution, the
68-8 department may agree with an authority to provide for or contribute
68-9 to the payment of costs of financial or engineering and traffic
68-10 feasibility studies and the design, financing, acquisition,
68-11 construction, operation, or maintenance of a turnpike project or
68-12 system on terms agreed on by the commission or department, as
68-13 applicable, and the authority. The agreement may not be
68-14 inconsistent with the rights of the bondholders or persons
68-15 operating the turnpike project under a lease or other contract.
68-16 (b) The department may use its engineering and other
68-17 personnel, including consulting engineers and traffic engineers, to
68-18 conduct feasibility studies under Subsection (a).
68-19 (c) An obligation or expense incurred by the commission or
68-20 department under this section is a part of the cost of the turnpike
68-21 project for which the obligation or expense was incurred. Money
68-22 from the state highway fund spent under this section must be repaid
68-23 from tolls or other revenue of the turnpike project or system on
68-24 which the money from the state highway fund was expended.
68-25 (d) The commission or department may use federal money for
68-26 any purpose described by this chapter.
68-27 Sec. 366.302. AGREEMENTS TO CONSTRUCT, MAINTAIN, AND OPERATE
69-1 TURNPIKE PROJECTS. (a) An authority may enter into an agreement
69-2 with a public or private entity, including a toll road corporation,
69-3 the United States, a state of the United States, the United Mexican
69-4 States, a state of the United Mexican States, a local governmental
69-5 entity, or another political subdivision, to permit the entity,
69-6 jointly with the authority, to study the feasibility of a turnpike
69-7 project or system or to acquire, design, finance, construct,
69-8 maintain, repair, operate, extend, or expand a turnpike project or
69-9 system.
69-10 (b) An authority has broad discretion to negotiate
69-11 provisions in a development agreement with a private entity. The
69-12 provisions may include provisions relating to:
69-13 (1) the design, financing, construction, maintenance,
69-14 and operation of a turnpike project or system in accordance with
69-15 standards adopted by the authority; and
69-16 (2) professional and consulting services to be
69-17 rendered under standards adopted by the authority in connection
69-18 with a turnpike project or system.
69-19 (c) An authority may not incur a financial obligation on
69-20 behalf of, or otherwise guarantee the obligations of, a private
69-21 entity that constructs, maintains, or operates a turnpike project
69-22 or system.
69-23 (d) An authority or a county in an authority is not liable
69-24 for any financial or other obligation of a turnpike project solely
69-25 because a private entity constructs, finances, or operates any part
69-26 of a turnpike project or system.
69-27 (e) An authority may authorize the investment of public and
70-1 private money, including debt and equity participation, to finance
70-2 a function described by this section.
70-3 Sec. 366.303. AGREEMENTS BETWEEN AUTHORITY AND LOCAL
70-4 GOVERNMENTAL ENTITIES. (a) A local governmental entity other than
70-5 a nonprofit corporation may, consistent with the Texas
70-6 Constitution, issue bonds or enter into and make payments under
70-7 agreements with an authority to acquire, construct, maintain, or
70-8 operate a turnpike project or system. The entity may levy and
70-9 collect taxes to pay the interest on the bonds and to provide a
70-10 sinking fund for the redemption of the bonds.
70-11 (b) In addition to the powers provided by Subsection (a), a
70-12 local governmental entity may, within any applicable constitutional
70-13 limitations, agree with an authority to issue bonds or enter into
70-14 and make payments under an agreement to acquire, construct,
70-15 maintain, or operate any portion of a turnpike project or system of
70-16 that authority.
70-17 (c) To make payments under an agreement under Subsection
70-18 (b), to pay the interest on bonds issued under Subsection (b), or
70-19 to provide a sinking fund for the bonds or the contract, a local
70-20 governmental entity may:
70-21 (1) pledge revenue from any available source,
70-22 including annual appropriations;
70-23 (2) levy and collect taxes; or
70-24 (3) provide for a combination of Subdivisions (1) and
70-25 (2).
70-26 (d) The term of an agreement under this section may not
70-27 exceed 40 years.
71-1 (e) Any election required to permit action under this
71-2 subchapter must be held in conformity with Chapter 1, Title 22,
71-3 Revised Statutes, or other law applicable to the local governmental
71-4 entity.
71-5 Sec. 366.304. ADDITIONAL AGREEMENTS OF AUTHORITY. An
71-6 authority may enter into any agreement necessary or convenient to
71-7 achieve the purposes of this subchapter.
71-8 SECTION 24. Article 2.12, Code of Criminal Procedure, as
71-9 amended by Chapters 621 and 729, Acts of the 74th Legislature,
71-10 Regular Session, 1995, is amended to read as follows:
71-11 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
71-12 officers:
71-13 (1) sheriffs and their deputies;
71-14 (2) constables and deputy constables;
71-15 (3) marshals or police officers of an incorporated
71-16 city, town, or village;
71-17 (4) rangers and officers commissioned by the Public
71-18 Safety Commission and the Director of the Department of Public
71-19 Safety;
71-20 (5) investigators of the district attorneys', criminal
71-21 district attorneys', and county attorneys' offices;
71-22 (6) law enforcement agents of the Texas Alcoholic
71-23 Beverage Commission;
71-24 (7) each member of an arson investigating unit
71-25 commissioned by a city, a county, or the state;
71-26 (8) officers commissioned under Section 37.081,
71-27 Education Code, or Subchapter E, Chapter 51, Education Code;
72-1 (9) officers commissioned by the General Services
72-2 Commission;
72-3 (10) law enforcement officers commissioned by the
72-4 Parks and Wildlife Commission;
72-5 (11) airport police officers commissioned by a city
72-6 with a population of more than one million, according to the most
72-7 recent federal census, that operates an airport that serves
72-8 commercial air carriers;
72-9 (12) airport security personnel commissioned as peace
72-10 officers by the governing body of any political subdivision of this
72-11 state, other than a city described by Subdivision (11), that
72-12 operates an airport that serves commercial air carriers;
72-13 (13) municipal park and recreational patrolmen and
72-14 security officers;
72-15 (14) security officers commissioned as peace officers
72-16 by the State Treasurer;
72-17 (15) officers commissioned by a water control and
72-18 improvement district under Section 51.132, Water Code;
72-19 (16) officers commissioned by a board of trustees
72-20 under Chapter 341, Acts of the 57th Legislature, Regular Session,
72-21 1961 (Article 1187f, Vernon's Texas Civil Statutes);
72-22 (17) investigators commissioned by the Texas State
72-23 Board of Medical Examiners;
72-24 (18) officers commissioned by the board of managers of
72-25 the Dallas County Hospital District, the Tarrant County Hospital
72-26 District, or the Bexar County Hospital District under Section
72-27 281.057, Health and Safety Code;
73-1 (19) county park rangers commissioned under Subchapter
73-2 E, Chapter 351, Local Government Code;
73-3 (20) investigators employed by the Texas Racing
73-4 Commission;
73-5 (21) officers commissioned by the State Board of
73-6 Pharmacy;
73-7 (22) officers commissioned by the governing body of a
73-8 metropolitan rapid transit authority under Chapter 451 or 452,
73-9 Transportation Code [Section 13, Chapter 141, Acts of the 63rd
73-10 Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
73-11 Civil Statutes), or by a regional transportation authority under
73-12 Section 10, Chapter 683, Acts of the 66th Legislature, Regular
73-13 Session, 1979 (Article 1118y, Vernon's Texas Civil Statutes)];
73-14 (23) [officers commissioned under the Texas High-Speed
73-15 Rail Act (Article 6674v.2, Revised Statutes);]
73-16 [(24)] investigators commissioned by the attorney
73-17 general under Section 402.009, Government Code;
73-18 (24) [(25)] security officers and investigators
73-19 commissioned as peace officers under Chapter 466, Government Code;
73-20 (25) [(26)] an officer employed by the Texas
73-21 Department of Health under Section 431.2471, Health and Safety
73-22 Code;
73-23 (26) [(27)] officers appointed by an appellate court
73-24 under Subchapter F, Chapter 53, Government Code;
73-25 (27) [(28)] officers commissioned by the state fire
73-26 marshal under Chapter 417, Government Code; [and]
73-27 (28) [(29)] an investigator commissioned by the
74-1 commissioner of insurance under Article 1.10D, Insurance Code;[.]
74-2 (29) apprehension specialists commissioned by the
74-3 Texas Youth Commission as officers under Section 61.0931, Human
74-4 Resources Code; and
74-5 (30) an officer commissioned as a peace officer by a
74-6 regional tollway authority under Subchapter E, Chapter 366,
74-7 Transportation Code.
74-8 SECTION 25. (a) Notwithstanding Section 366.031,
74-9 Transportation Code, as added by this Act, the North Texas Tollway
74-10 Authority is established as a regional tollway authority under
74-11 Chapter 366, Transportation Code, as added by this Act.
74-12 (b) The North Texas Tollway Authority consists of all
74-13 territory in Collin, Dallas, Denton, and Tarrant counties. The
74-14 operations of the authority may extend to other counties as
74-15 permitted under Section 366.161, Transportation Code, as added by
74-16 this Act, and the jurisdiction of the authority may be expanded to
74-17 include other counties under Section 366.031, Transportation Code,
74-18 as added by this Act.
74-19 (c) The initial board of directors of the North Texas
74-20 Tollway Authority is composed of nine directors as follows:
74-21 (1) three directors appointed by the governor;
74-22 (2) one director appointed by the commissioners court
74-23 of each county in the authority; and
74-24 (3) the county judges of two of the counties of the
74-25 authority.
74-26 (d) The terms of the initial directors of the North Texas
74-27 Tollway Authority begin on September 1, 1997. The county judges
75-1 serving as initial directors shall each serve a one-year term. At
75-2 the expiration of that term, the seats held by the county judges
75-3 are not refilled, and the number of directors composing the board
75-4 is reduced to seven.
75-5 (e) One of the directors of the North Texas Tollway
75-6 Authority appointed to the initial board by the governor serves a
75-7 one-year term. Each successor to that director shall be appointed
75-8 by the governor for a two-year term.
75-9 (f) The two directors appointed to the initial board of the
75-10 North Texas Tollway Authority by the commissioners courts of the
75-11 counties whose county judges serve as initial directors each serve
75-12 a one-year term. Each successor to those directors shall be
75-13 appointed for a two-year term. The remaining initial directors
75-14 serve two-year terms.
75-15 SECTION 26. Sections 361.003, 361.038, 361.039, 361.040,
75-16 361.041, 361.044, 361.045, 361.047, 361.048, 361.139, 361.190,
75-17 361.284, and 361.331(e), Transportation Code, are repealed.
75-18 SECTION 27. (a) The Texas Turnpike Authority is abolished
75-19 and the Texas Turnpike Authority division of the Texas Department
75-20 of Transportation is created on the effective date of this Act.
75-21 Except as provided by Subsections (b) and (c) of this section, all
75-22 assets, rights, and obligations of the Texas Turnpike Authority are
75-23 transferred to the division.
75-24 (b) The North Texas Tollway Authority shall succeed to all
75-25 assets, rights, and other property of the Texas Turnpike Authority
75-26 located in Collin, Dallas, Denton, or Tarrant County, including all
75-27 assets and rights that relate to the Dallas North Tollway, the
76-1 Addison Airport Toll Tunnel, the President George Bush Turnpike,
76-2 and the Mountain Creek Lake Bridge.
76-3 (c) The North Texas Tollway Authority shall assume and
76-4 become liable for all duties and obligations of the Texas Turnpike
76-5 Authority related to the assets, rights, and properties transferred
76-6 under Subsection (b) of this section, including contracts and bonds
76-7 secured by the revenues of the assets. The North Texas Tollway
76-8 Authority is obligated to comply with all the assumed obligations
76-9 to the same extent as the Texas Turnpike Authority.
76-10 (d) An employee of the Texas Turnpike Authority may elect to
76-11 become an employee of either the Texas Turnpike Authority division
76-12 of the Texas Department of Transportation or the North Texas
76-13 Tollway Authority on the effective date of this Act, subject to the
76-14 employment openings and requirements of those agencies.
76-15 (e) A rule or regulation adopted by the Texas Turnpike
76-16 Authority relating to the operation of a turnpike in Collin,
76-17 Dallas, Denton, or Tarrant County before the effective date of this
76-18 Act that is not inconsistent with this Act remains in effect as a
76-19 rule or regulation of the North Texas Tollway Authority until
76-20 superseded by action of that agency.
76-21 SECTION 28. As additional consideration for the transfer of
76-22 the properties described in Section 27(b) of this Act, the North
76-23 Texas Tollway Authority shall pay to the Texas Department of
76-24 Transportation an amount to be agreed on by the authority and the
76-25 department not later than October 1, 1997. In determining the
76-26 amount, the authority and the department shall ensure that
76-27 following the payment, the authority is in compliance with all bond
77-1 resolutions, bond indentures, credit agreements, and all other
77-2 agreements assumed by the authority and that reserves held by the
77-3 authority as required under or in connection with the resolutions,
77-4 indentures, credit agreements, and other agreements shall be
77-5 maintained at a level consistent with the Texas Turnpike
77-6 Authority's historical practices.
77-7 SECTION 29. The North Texas Tollway Authority is a successor
77-8 agency to the Texas Turnpike Authority for all purposes, including
77-9 for the purpose of Section 52-b, Article III, Texas Constitution,
77-10 concerning all assets, rights, other property, duties, and
77-11 obligations transferred to the authority under Section 27(b) of
77-12 this Act. Any existing agreement by and between the Texas Turnpike
77-13 Authority and the state, the Texas Transportation Commission, the
77-14 Texas Department of Transportation, the Federal Highway
77-15 Administration, the United States Department of Transportation, any
77-16 other federal or state governmental entity, or any local
77-17 governmental entity that pertains to an asset, right, or obligation
77-18 transferred to the North Texas Turnpike Authority under this Act is
77-19 binding on, benefits, and is fully enforceable by and against the
77-20 North Texas Turnpike Authority as successor to the Texas Turnpike
77-21 Authority.
77-22 SECTION 30. In addition to the substantive changes made by
77-23 this Act, this Act conforms Chapter 361, Transportation Code, to
77-24 the changes made by Sections 1 and 2, Chapter 148, Acts of the 74th
77-25 Legislature, 1995. To the extent of any conflict between this Act
77-26 and another Act of the 75th Legislature relating to nonsubstantive
77-27 changes in enacted codes, this Act prevails.
78-1 SECTION 31. This Act takes effect September 1, 1997.
78-2 SECTION 32. The importance of this legislation and the
78-3 crowded condition of the calendars in both houses create an
78-4 emergency and an imperative public necessity that the
78-5 constitutional rule requiring bills to be read on three several
78-6 days in each house be suspended, and this rule is hereby suspended.