By: Armbrister, Sibley S.B. No. 370
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the continuation and functions of the Texas Department
1-2 of Transportation, the abolition of the Texas Turnpike Authority,
1-3 and the creation of regional tollway authorities; authorizing the
1-4 issuance of bonds and the imposition of taxes; granting the power
1-5 of eminent domain; and providing civil penalties.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 ARTICLE 1. TEXAS TRANSPORTATION COMMISSION; TEXAS
1-8 DEPARTMENT OF TRANSPORTATION
1-9 SECTION 1.01. Section 201.204, Transportation Code, is
1-10 amended to read as follows:
1-11 Sec. 201.204. SUNSET PROVISION. The Texas Department of
1-12 Transportation is subject to Chapter 325, Government Code (Texas
1-13 Sunset Act). Unless continued in existence as provided by that
1-14 chapter, the department is abolished September 1, 2009 [1997].
1-15 SECTION 1.02. Subsection (d), Section 201.051,
1-16 Transportation Code, is amended to read as follows:
1-17 (d) Except as provided by Subsection (e), a person is not
1-18 eligible for appointment as a member of the commission if the
1-19 person or the person's spouse:
1-20 (1) is employed by or participates in the management
1-21 of a business entity or other organization that is regulated by or
1-22 receives funds from the department;
1-23 (2) directly or indirectly owns or controls more than
2-1 10 percent interest in a business entity or other organization that
2-2 is regulated by or receives funds from the department; [or]
2-3 (3) uses or receives a substantial amount of tangible
2-4 goods, services, or funds from the department, other than
2-5 compensation or reimbursement authorized by law for commission
2-6 membership, attendance, or expenses; or
2-7 (4) is registered, certified, or licensed by the
2-8 department.
2-9 SECTION 1.03. Subsection (c), Section 201.057,
2-10 Transportation Code, is amended to read as follows:
2-11 (c) If the director knows that a potential ground for
2-12 removal exists, the director shall notify the commissioner of
2-13 transportation of the ground, and the commissioner shall notify the
2-14 governor and the attorney general that a potential ground for
2-15 removal exists. If the potential ground for removal relates to the
2-16 commissioner of transportation, the director shall notify another
2-17 member of the commission, who shall notify the governor and the
2-18 attorney general that a potential ground for removal exists.
2-19 SECTION 1.04. Subchapter B, Chapter 201, Transportation
2-20 Code, is amended by adding Section 201.059 to read as follows:
2-21 Sec. 201.059. TRAINING ON DEPARTMENT AND CERTAIN LAWS
2-22 RELATING TO DEPARTMENT. (a) To be eligible to take office as a
2-23 member of the commission, a person appointed to the commission must
2-24 complete at least one course of a training program that complies
2-25 with this section.
3-1 (b) The training program must provide information to the
3-2 person regarding:
3-3 (1) this subchapter;
3-4 (2) the programs operated by the department;
3-5 (3) the role and functions of the department;
3-6 (4) the rules of the department with an emphasis on
3-7 the rules that relate to disciplinary and investigatory authority;
3-8 (5) the current budget for the department;
3-9 (6) the results of the most recent formal audit of the
3-10 department;
3-11 (7) the requirements of the:
3-12 (A) open meetings law, Chapter 551, Government
3-13 Code;
3-14 (B) open records law, Chapter 552, Government
3-15 Code; and
3-16 (C) administrative procedure law, Chapter 2001,
3-17 Government Code;
3-18 (8) the requirements of the conflict of interest laws
3-19 and other laws relating to public officials; and
3-20 (9) any applicable ethics policies adopted by the
3-21 commission or the Texas Ethics Commission.
3-22 (c) A person appointed to the commission is entitled to
3-23 reimbursement for travel expenses incurred in attending the
3-24 training program, as provided by the General Appropriations Act and
3-25 as if the person were a member of the commission.
4-1 SECTION 1.05. Section 201.102, Transportation Code, is
4-2 amended to read as follows:
4-3 Sec. 201.102. SEPARATION [DEFINITION] OF RESPONSIBILITIES.
4-4 The commission shall develop and implement policies that clearly
4-5 separate the policy-making [define the respective] responsibilities
4-6 of the commission and the management responsibilities of the
4-7 director and staff of the department.
4-8 SECTION 1.06. Subsection (b), Section 201.107,
4-9 Transportation Code, is amended to read as follows:
4-10 (b) The commission shall file annually with the governor and
4-11 the presiding officer of each house of the legislature a complete
4-12 and detailed written report accounting for all funds received and
4-13 disbursed by the department during the preceding fiscal year. The
4-14 report must comply with each reporting requirement applicable to
4-15 financial reporting [be in the form and filed in the time] provided
4-16 by the General Appropriations Act.
4-17 SECTION 1.07. Section 201.203, Transportation Code, is
4-18 amended to read as follows:
4-19 Sec. 201.203. DEPARTMENT OFFICE[; RECORDS]. The department
4-20 shall have its statewide headquarters office in Austin. [The
4-21 department shall keep all of its records in that office.]
4-22 SECTION 1.08. Subchapter D, Chapter 201, Transportation
4-23 Code, is amended by adding Section 201.206 to read as follows:
4-24 Sec. 201.206. DONATIONS AND CONTRIBUTIONS. For the purpose
4-25 of carrying out its functions and duties, the department may
5-1 accept, from any source, a donation or contribution in any form,
5-2 including realty, personalty, money, materials, or services.
5-3 SECTION 1.09. Subsections (a) and (b), Section 201.402,
5-4 Transportation Code, are amended to read as follows:
5-5 (a) The director or the director's designee shall prepare
5-6 and maintain a written policy statement to ensure implementation of
5-7 a program of equal employment opportunity under which all personnel
5-8 transactions are made without regard to race, color, disability,
5-9 sex, religion, age, or national origin. The policy statement must
5-10 include:
5-11 (1) personnel policies, including policies relating to
5-12 recruitment, evaluation, selection, appointment, training, and
5-13 promotion of personnel that comply with Chapter 21, Labor Code;
5-14 (2) a comprehensive analysis of the department work
5-15 force that meets federal and state guidelines;
5-16 (3) procedures by which a determination can be made of
5-17 significant underuse in the department work force of all persons
5-18 for whom federal or state guidelines encourage a more equitable
5-19 balance; and
5-20 (4) reasonable methods to appropriately address the
5-21 areas of significant underuse.
5-22 (b) A policy statement prepared under Subsection (a) must
5-23 cover an annual period, be updated at least annually, be reviewed
5-24 by the Texas Commission on Human Rights for compliance with
5-25 Subsection (a)(1), and be filed with the governor's office.
6-1 SECTION 1.10. Subsections (a) and (b), Section 201.404,
6-2 Transportation Code, are amended to read as follows:
6-3 (a) The director or the director's designee shall develop an
6-4 intra-agency career ladder program that addresses opportunities for
6-5 mobility and advancement for employees in the department [covering
6-6 all full-time classified and exempt positions]. The program shall
6-7 require intra-agency posting of all [nonentry] positions
6-8 concurrently with any public posting.
6-9 (b) The director or the director's designee shall develop a
6-10 system of annual performance evaluations that are based on
6-11 documented employee performance. All merit pay for department
6-12 employees must be based on the system established under this
6-13 subsection.
6-14 SECTION 1.11. Subchapter F, Chapter 201, Transportation
6-15 Code, is amended by adding Section 201.406 to read as follows:
6-16 Sec. 201.406. RELOCATION ASSISTANCE. (a) In addition to
6-17 authority granted by other law, the department may reimburse
6-18 transferred employees for expenses or costs related to selling
6-19 existing housing and purchasing and financing comparable
6-20 replacement housing if the director determines that the transfer
6-21 will enhance the department's ability to accomplish its goals and
6-22 missions.
6-23 (b) For purposes of this section, the following expenses or
6-24 costs related to the selling of existing housing and the leasing,
6-25 purchasing, and financing of comparable replacement housing are
7-1 reimbursable:
7-2 (1) any commissions and fees due to a broker or real
7-3 estate agent;
7-4 (2) costs incurred as a purchaser to obtain a home
7-5 loan, including loan application fees, credit report fees, and
7-6 mortgage points;
7-7 (3) origination fees, title insurance, recording fees,
7-8 and all other closing costs required to be paid by the employee;
7-9 (4) fees or charges, other than refundable deposits,
7-10 necessary to establish telephone, gas, and electric service; and
7-11 (5) travel expenses incurred while looking for a new
7-12 residence, reimbursed at the standard mileage rate, for travel to
7-13 and from the new designated headquarters.
7-14 (c) Under this section, the department may not:
7-15 (1) provide reimbursement for more than 25 employees
7-16 per fiscal year;
7-17 (2) pay a sum of more than $15,000 to any employee;
7-18 (3) purchase or pay any part of the purchase price of
7-19 any employee's home;
7-20 (4) provide reimbursement for the purchase or
7-21 financing of a house if the employee did not own and occupy
7-22 existing housing at the time of transfer; or
7-23 (5) provide reimbursement when the distance between
7-24 the two designated headquarters of a transferred employee is less
7-25 than 25 miles.
8-1 (d) The department may pay the reasonable, necessary, and
8-2 resulting costs of moving the household goods and effects of a
8-3 transferred employee if:
8-4 (1) the director determines that the transfer will
8-5 enhance the department's ability to accomplish its goals and
8-6 missions; and
8-7 (2) the distance between the two designated
8-8 headquarters of a transferred employee is at least 25 miles.
8-9 SECTION 1.12. Subchapter I, Chapter 201, Transportation
8-10 Code, is amended by adding Section 201.705 to read as follows:
8-11 Sec. 201.705. PILOT PROJECT ON VEHICLE MAINTENANCE
8-12 OUTSOURCING. (a) The department shall conduct a two-year pilot
8-13 project to determine whether contracting with a private entity for
8-14 maintenance and repair services of all department vehicles would be
8-15 cost effective.
8-16 (b) The study must be implemented in at least three of the
8-17 department's districts. The districts in which the study is
8-18 implemented must vary in geography and population.
8-19 (c) From any cost savings resulting from the pilot project
8-20 and from funds appropriated, the department shall assist counties
8-21 with materials to repair or maintain county roads. The department
8-22 shall:
8-23 (1) ensure that the total value of assistance is at
8-24 least $20 million a year;
8-25 (2) make maximum usage of surplus materials on hand;
9-1 (3) develop rules and procedures in order to implement
9-2 this section and to provide for the distribution of these funds,
9-3 with preference given to counties with an above average number of
9-4 overweight trucks receiving weight tolerance permits, based on the
9-5 previous year's permit totals; and
9-6 (4) undertake cooperative and joint procurement of
9-7 road materials with the counties under General Services Commission
9-8 procedures.
9-9 (d) Not later than January 1, 2001, the department shall
9-10 submit a report to the legislature on the results of the pilot
9-11 program and any recommendations on the continuation or expansion of
9-12 the pilot program.
9-13 (e) This section expires January 1, 2001.
9-14 SECTION 1.13. Section 201.801, Transportation Code, is
9-15 amended by amending Subsection (c) and adding Subsection (e) to
9-16 read as follows:
9-17 (c) The department shall:
9-18 (1) keep an information file about each written
9-19 complaint filed with the department that the department has the
9-20 authority to resolve; and
9-21 (2) provide the person who filed the complaint, and
9-22 each person or entity that is the subject of the complaint,
9-23 information about the department's policies and procedures relating
9-24 to complaint investigation and resolution.
9-25 (e) With regard to each complaint filed with the department,
10-1 the department shall keep the following information:
10-2 (1) the date the complaint is filed;
10-3 (2) the name of the person filing the complaint;
10-4 (3) the subject matter of the complaint;
10-5 (4) a record of each person contacted in relation to
10-6 the complaint;
10-7 (5) a summary of the results of the review or
10-8 investigation of the complaint; and
10-9 (6) if the department takes no action on the
10-10 complaint, an explanation of the reasons that no action was taken.
10-11 SECTION 1.14. Section 201.802, Transportation Code, is
10-12 amended by amending Subsection (b) and adding Subsection (c) to
10-13 read as follows:
10-14 (b) The director [department] shall prepare and maintain a
10-15 written plan that describes the manner in which a person who does
10-16 not speak English or who has a physical, mental, or developmental
10-17 disability is provided reasonable access to the department's
10-18 programs.
10-19 (c) The department shall comply with each applicable law of
10-20 the United States or this state that relates to program or facility
10-21 accessibility.
10-22 SECTION 1.15. Subchapter K, Chapter 201, Transportation
10-23 Code, is amended by adding Section 201.905 to read as follows:
10-24 Sec. 201.905. MULTIMODAL ROAD USE. (a) The department
10-25 shall conduct a comprehensive analysis of the multimodal use of
11-1 roads and highways in the state highway system. The analysis shall
11-2 include the collection of data on users' concerns about road
11-3 conditions and actual and potential use patterns of roads or
11-4 highways.
11-5 (b) After the analysis required by Subsection (a) is
11-6 completed, the department shall initiate and coordinate a campaign
11-7 to help increase public awareness of traffic safety issues.
11-8 (c) The department shall initiate a program of continuing
11-9 community involvement sessions to help other state agencies, local
11-10 decision-makers, interest groups, and the general public improve
11-11 the state's comprehensive transportation system to include all
11-12 modes of transportation.
11-13 SECTION 1.16. Chapter 201, Transportation Code, is amended
11-14 by adding Subchapter L to read as follows:
11-15 SUBCHAPTER L. ELECTRONIC ISSUANCE OF LICENSES
11-16 Sec. 201.931. DEFINITIONS. In this section:
11-17 (1) "Digital signature" means an electronic identifier
11-18 intended by the person using it to have the same force and effect
11-19 as the use of a manual signature.
11-20 (2) "License" includes:
11-21 (A) a permit issued by the department that
11-22 authorizes the operation of a vehicle and its load or a combination
11-23 of vehicles and load exceeding size or weight limitations;
11-24 (B) motor carrier registration issued under
11-25 Article 6675c, Revised Statutes;
12-1 (C) a vehicle storage facility license issued
12-2 under Article 6687-9a, Revised Statutes;
12-3 (D) a license or permit for outdoor advertising
12-4 issued under Chapter 391 or 394;
12-5 (E) a salvage motor vehicle dealer and agent
12-6 license issued under Article 6687-1a, Revised Statutes;
12-7 (F) specially designated or specialized license
12-8 plates issued under Subchapters E and F, Chapter 502; and
12-9 (G) an apportioned registration issued according
12-10 to the International Registration Plan under Section 502.054.
12-11 Sec. 201.932. APPLICATION FOR AND ISSUANCE OF LICENSE.
12-12 (a) The commission may by rule provide for the filing of a
12-13 license application and the issuance of a license by electronic
12-14 means.
12-15 (b) The commission may limit applicant eligibility under
12-16 Subsection (a) if the rules include reasonable eligibility
12-17 criteria.
12-18 Sec. 201.933. DIGITAL SIGNATURE. (a) A license application
12-19 received by the department is considered signed if a digital
12-20 signature is transmitted with the application and intended by the
12-21 applicant to authenticate the license in accordance with Subsection
12-22 (b).
12-23 (b) The department may only accept a digital signature used
12-24 to authenticate a license application under procedures that:
12-25 (1) comply with any applicable rules of another state
13-1 agency having jurisdiction over department use or acceptance of a
13-2 digital signature; and
13-3 (2) provide for consideration of factors that may
13-4 affect a digital signature's reliability, including whether a
13-5 digital signature is:
13-6 (A) unique to the person using it;
13-7 (B) capable of independent verification;
13-8 (C) under the sole control of the person using
13-9 it; and
13-10 (D) transmitted in a manner that will make it
13-11 infeasible to change the data in the communication or digital
13-12 signature without invalidating the digital signature.
13-13 Sec. 201.934. PAYMENT OF FEES. The commission may adopt
13-14 rules regarding the method of payment of a fee for a license issued
13-15 under this subchapter. The rules may authorize the use of
13-16 electronic funds transfer or a valid credit card issued by a
13-17 financial institution chartered by a state or the federal
13-18 government or by a nationally recognized credit organization
13-19 approved by the department. The rules may require the payment of a
13-20 discount or service charge for a credit card payment in addition to
13-21 the fee.
13-22 SECTION 1.17. Subchapter B, Chapter 222, Transportation
13-23 Code, is amended by adding Section 222.034 to read as follows:
13-24 Sec. 222.034. DISTRIBUTION OF FEDERAL FUNDS. (a) Federal
13-25 aid for transportation purposes that is administered by the
14-1 commission shall be distributed to the various parts of the state
14-2 for a funding cycle through the selection of highway projects in
14-3 the state in a manner that is consistent with federal formulas that
14-4 determine the amount of federal aid for transportation purposes
14-5 received by the state. A distribution under this subsection does
14-6 not include deductions made for the state infrastructure bank or
14-7 other federal funds reallocated by the federal government.
14-8 (b) The commission may vary from the distribution procedure
14-9 provided by Subsection (a) if it issues a ruling or minute order
14-10 identifying the variance and providing a particular justification
14-11 for the variance.
14-12 SECTION 1.18. Subchapter C, Chapter 222, Transportation
14-13 Code, is amended by adding Section 222.053 to read as follows:
14-14 Sec. 222.053. RELIEF FROM LOCAL MATCHING FUNDS REQUIREMENT.
14-15 (a) In this section, "economically disadvantaged county" means a
14-16 county that has, in comparison to other counties in the state:
14-17 (1) below average per capita taxable property value;
14-18 (2) below average per capita income; and
14-19 (3) above average unemployment.
14-20 (b) Except as provided by Subsection (c), the commission may
14-21 require, request, or accept from a political subdivision matching
14-22 or other local funds, rights-of-way, utility adjustments,
14-23 additional participation, planning, documents, or any other local
14-24 incentives to make the most efficient use of its highway funding.
14-25 (c) In evaluating a proposal to construct, maintain, or
15-1 extend a highway or for another type of highway project in a
15-2 political subdivision that consists of all or a portion of an
15-3 economically disadvantaged county, the commission:
15-4 (1) may not consider the absence or value of local
15-5 incentives provided under Subsection (b) or the value of a benefit
15-6 received by the state in an agreement under Section 791.031,
15-7 Government Code, beyond the minimum required local matching funds;
15-8 and
15-9 (2) shall adjust the minimum local matching funds
15-10 requirement after evaluating the political subdivision's effort and
15-11 ability to meet the requirement.
15-12 (d) In making an adjustment under Subsection (c)(2), the
15-13 commission may use its in-kind resources and any other available
15-14 resources to help satisfy a federal requirement.
15-15 (e) The commission shall report annually to the governor,
15-16 the lieutenant governor, and the speaker of the house of
15-17 representatives on the use of matching funds and local incentives
15-18 and the ability of the commission to ensure that political
15-19 subdivisions located in economically disadvantaged counties have
15-20 equal ability to compete for highway funding with political
15-21 subdivisions in counties that are not economically disadvantaged.
15-22 SECTION 1.19. Subsection (c), Section 202.052,
15-23 Transportation Code, is amended to read as follows:
15-24 (c) The department shall charge not less than fair market
15-25 value for the highway asset, payable in cash, services, tangible or
16-1 intangible property, or any combination of cash, services, or
16-2 property.
16-3 SECTION 1.20. Chapter 202, Transportation Code, is amended
16-4 by adding Subchapter E to read as follows:
16-5 SUBCHAPTER E. TELECOMMUNICATIONS FACILITIES
16-6 Sec. 202.091. DEFINITION. In this subchapter,
16-7 "telecommunications" means any transmission, emission, or reception
16-8 of signs, signals, writings, images, or sounds of intelligence of
16-9 any nature by wire, radio, optical, or other electromagnetic
16-10 systems.
16-11 Sec. 202.092. USE OF DEPARTMENT FACILITIES. Notwithstanding
16-12 any other law, a telecommunications provider may not place or
16-13 maintain its facilities or otherwise use improvements, including
16-14 structures, medians, conduits, or telecommunications equipment or
16-15 lines, constructed or installed by the state as components of the
16-16 state highway system except by a lease under Section 202.052 or an
16-17 agreement under Section 202.093.
16-18 Sec. 202.093. AGREEMENT. (a) Notwithstanding any other
16-19 law, the department may enter into an agreement with a
16-20 telecommunications provider allowing the provider, for the
16-21 provider's commercial purposes, to:
16-22 (1) place the provider's telecommunications facilities
16-23 within the median of a divided state highway; or
16-24 (2) place lines within or otherwise use
16-25 telecommunications facilities owned or installed by the state in or
17-1 on the improved portion of a state highway, including a median,
17-2 structures, equipment, conduits, or any other component of the
17-3 highway facilities constructed or owned by the department.
17-4 (b) An agreement entered into under Subsection (a) may
17-5 provide for compensation between the department and the
17-6 telecommunications provider in the form of cash or the shared use
17-7 of facilities.
17-8 Sec. 202.094. COMPETITIVE SEALED PROPOSAL. (a) Before
17-9 entering into an agreement with a telecommunications provider under
17-10 this subchapter, the department shall follow a procedure using
17-11 competitive sealed proposals.
17-12 (b) The department shall solicit proposals by a request for
17-13 proposals and shall publish notice of the request in at least two
17-14 newspapers of general circulation and in the Texas Register.
17-15 (c) The proposals shall be opened so as to avoid disclosure
17-16 of contents to competing offerors during the process of
17-17 negotiation. After a contract is awarded, all proposals that have
17-18 been submitted shall be open for public inspection subject to
17-19 Subchapter C, Chapter 552, Government Code.
17-20 (d) The department may discuss an acceptable or potentially
17-21 acceptable proposal with an offeror to assess the offeror's ability
17-22 to meet the solicitation requirements. After the submission of a
17-23 proposal but before making an award, the department may permit the
17-24 offeror to revise the proposal in order to obtain the best final
17-25 offer. The department may not disclose any information derived
18-1 from proposals submitted from competing offerors in conducting
18-2 discussions under this section. The department shall provide each
18-3 offeror with an equal opportunity for discussion and revision of
18-4 proposals.
18-5 (e) The department shall make a written award of a contract
18-6 to the offeror whose proposal is the most advantageous to the
18-7 state, considering price and the evaluation factors in the request
18-8 for proposals, except that if the department finds that none of the
18-9 offers is acceptable, it shall refuse all offers. The contract
18-10 file must state in writing the basis on which the award is made.
18-11 Sec. 202.095. APPLICABILITY. (a) Subtitle D, Title 10,
18-12 Government Code, does not apply to a procurement under this
18-13 subchapter.
18-14 (b) This subchapter does not limit a telecommunications
18-15 provider from placing lines or facilities in the unimproved portion
18-16 of state highway right-of-way to the extent authorized by
18-17 applicable law.
18-18 Sec. 202.096. REVENUE. The department shall deposit in the
18-19 state highway fund any revenue received under this subchapter.
18-20 Sec. 202.097. RULEMAKING. The commission shall adopt rules
18-21 for the implementation of this subchapter.
18-22 SECTION 1.21. Chapter 222, Transportation Code, is amended
18-23 by adding Subchapter D to read as follows:
18-24 SUBCHAPTER D. STATE INFRASTRUCTURE BANK
18-25 Sec. 222.071. DEFINITIONS. In this subchapter:
19-1 (1) "Bank" means the state infrastructure bank
19-2 account.
19-3 (2) "Construction" has the meaning assigned by 23
19-4 U.S.C. Section 101.
19-5 (3) "Federal act" means Section 350 of the National
19-6 Highway System Designation Act of 1995 (Pub. L. No. 104-59).
19-7 (4) "Federal-aid highway" has the meaning assigned by
19-8 23 U.S.C. Section 101.
19-9 (5) "Qualified project" includes:
19-10 (A) the construction of a federal-aid highway;
19-11 (B) a transit project under 49 U.S.C. Sections
19-12 5307, 5309, and 5311; or
19-13 (C) for the expenditure of secondary funds, a
19-14 project eligible for assistance under Title 23 or Title 49, United
19-15 States Code.
19-16 (6) "Secondary funds" includes:
19-17 (A) the repayment of a loan or other assistance
19-18 that is provided with money deposited to the credit of the bank;
19-19 and
19-20 (B) investment income generated by secondary
19-21 funds deposited to the credit of the bank.
19-22 Sec. 222.072. STATE INFRASTRUCTURE BANK. (a) The state
19-23 infrastructure bank is an account in the state highway fund. The
19-24 bank is administered by the commission.
19-25 (b) Federal funds received by the state under the federal
20-1 act, matching state funds in an amount required by that act,
20-2 proceeds from bonds issued under Section 222.075, and secondary
20-3 funds may be deposited into the bank and used only for the purposes
20-4 described in this subchapter.
20-5 Sec. 222.073. PURPOSES OF INFRASTRUCTURE BANK. The
20-6 commission shall use money deposited in the bank to:
20-7 (1) encourage public and private investment in
20-8 transportation facilities, including facilities that contribute to
20-9 the multimodal and intermodal transportation capabilities of the
20-10 state; and
20-11 (2) develop financing techniques designed to:
20-12 (A) expand the availability of funding for
20-13 transportation projects and to reduce direct state costs;
20-14 (B) maximize private and local participation in
20-15 financing projects; and
20-16 (C) improve the efficiency of the state
20-17 transportation system.
20-18 Sec. 222.074. FORM OF ASSISTANCE. (a) To further a purpose
20-19 described by Section 222.073, the commission may use money
20-20 deposited to the credit of the bank to provide financial assistance
20-21 to a public or private entity for a qualified project to:
20-22 (1) extend credit by direct loan;
20-23 (2) provide credit enhancements;
20-24 (3) serve as a capital reserve for bond or debt
20-25 instrument financing;
21-1 (4) subsidize interest rates;
21-2 (5) insure the issuance of a letter of credit or
21-3 credit instrument;
21-4 (6) finance a purchase or lease agreement in
21-5 connection with a transit project;
21-6 (7) provide security for bonds and other debt
21-7 instruments; or
21-8 (8) provide methods of leveraging money that have been
21-9 approved by the United States secretary of transportation and
21-10 relate to the project for which the assistance is provided.
21-11 (b) Financial assistance to a private entity under
21-12 Subsection (a) shall be limited to a qualified project that:
21-13 (1) provides transportation services or facilities for
21-14 use by the general public; or
21-15 (2) is constructed or operated in cooperation with a
21-16 state agency or political subdivision in accordance with an
21-17 agreement between that agency or political subdivision and the
21-18 private entity.
21-19 Sec. 222.075. REVENUE BONDS. (a) The commission may issue
21-20 revenue bonds for the purpose of providing money for the bank.
21-21 (b) Except as provided by Subsection (c), the commission may
21-22 issue revenue bonds or revenue refunding bonds under this section
21-23 without complying with any other law applicable to the issuance of
21-24 bonds.
21-25 (c) Notwithstanding any other provision of this section, the
22-1 following laws apply to bonds issued by the commission:
22-2 (1) Chapter 503, Acts of the 54th Legislature, 1955
22-3 (Article 717k, Vernon's Texas Civil Statutes);
22-4 (2) Chapter 3, Acts of the 61st Legislature, Regular
22-5 Session, 1969 (Article 717k-2, Vernon's Texas Civil Statutes);
22-6 (3) the Bond Procedures Act of 1981 (Article 717k-6,
22-7 Vernon's Texas Civil Statutes);
22-8 (4) Article 3, Chapter 53, Acts of the 70th
22-9 Legislature, 2nd Called Session, 1987 (Article 717k-8, Vernon's
22-10 Texas Civil Statutes); and
22-11 (5) Chapter 656, Acts of the 68th Legislature, Regular
22-12 Session, 1983 (Article 717q, Vernon's Texas Civil Statutes).
22-13 (d) The revenue bonds are special obligations of the
22-14 commission payable only from income and receipts of the bank as the
22-15 commission may designate. The income and receipts include
22-16 principal of and interest paid and to be paid on acquired
22-17 obligations, other designated obligations held by the bank, or
22-18 income from accounts created within the bank.
22-19 (e) The revenue bonds do not constitute a debt of the state
22-20 or a pledge of the faith and credit of the state.
22-21 (f) The commission may require participants to make charges,
22-22 levy taxes, or otherwise provide for sufficient money to pay
22-23 acquired obligations.
22-24 (g) Revenue bonds issued under this section shall be
22-25 authorized by order of the commission and shall have the form and
23-1 characteristics and bear the designations as are provided in the
23-2 order.
23-3 (h) Revenue bonds shall:
23-4 (1) be dated;
23-5 (2) bear interest at the rate or rates authorized by
23-6 law;
23-7 (3) mature at the time or times, serially, as term,
23-8 revenue bonds, or otherwise not more than 50 years after their
23-9 dates;
23-10 (4) be called before stated maturity on the terms and
23-11 at the prices, be in the denominations, be in the form, either
23-12 coupon or registered, carry registration privileges as to principal
23-13 only or as to both principal and interest and as to successive
23-14 exchange of coupon for registered bonds or one denomination for
23-15 bonds of other denominations, and successive exchange of registered
23-16 revenue bonds for coupon revenue bonds, be executed in the manner,
23-17 and be payable at the place or places inside or outside the state,
23-18 as provided in the order;
23-19 (5) be issued in temporary or permanent form;
23-20 (6) be issued in one or more installments and from
23-21 time to time as required and sold at a price or prices and under
23-22 terms determined by the commission to be the most advantageous
23-23 reasonably obtainable; and
23-24 (7) be issued on a parity with and be secured in the
23-25 manner as other revenue bonds authorized to be issued by this
24-1 section or be issued without parity and secured differently from
24-2 other revenue bonds.
24-3 (i) All proceedings relating to the issuance of revenue
24-4 bonds issued under this section shall be submitted to the attorney
24-5 general for examination. On determining that the revenue bonds
24-6 have been authorized in accordance with law, the attorney general
24-7 shall approve the revenue bonds, and the revenue bonds shall be
24-8 registered by the comptroller. After the approval and
24-9 registration, the revenue bonds are incontestable in any court or
24-10 other forum for any reason and are valid and binding obligations in
24-11 accordance with their terms for all purposes.
24-12 (j) The proceeds received from the sale of revenue bonds
24-13 shall be deposited in the bank and invested in the manner provided
24-14 for other funds deposited under this subchapter.
24-15 Sec. 222.076. SEPARATE SUBACCOUNTS. The bank shall consist
24-16 of at least two separate subaccounts, a highway subaccount and a
24-17 transit subaccount.
24-18 Sec. 222.077. REPAYMENT TERMS; DEPOSIT OF REPAYMENTS;
24-19 INVESTMENT INCOME. (a) Any funds disbursed through the state
24-20 infrastructure bank must be repaid on terms determined by the
24-21 commission that comply with the federal act.
24-22 (b) Notwithstanding any other law to the contrary:
24-23 (1) the repayment of a loan or other assistance
24-24 provided with money deposited to the credit of a subaccount in the
24-25 bank shall be deposited in that subaccount; and
25-1 (2) investment income generated by money deposited to
25-2 the credit of a subaccount in the bank shall be:
25-3 (A) credited to that subaccount;
25-4 (B) available for use in providing financial
25-5 assistance under this subchapter; and
25-6 (C) invested in United States Treasury
25-7 securities, bank deposits, or other financing instruments approved
25-8 by the United States secretary of transportation to earn interest
25-9 and enhance the financing of projects assisted by the bank.
25-10 (c) The commission shall administer the bank in compliance
25-11 with the federal act and any applicable federal regulation or
25-12 guideline.
25-13 (d) The commission by rule shall:
25-14 (1) implement this subchapter; and
25-15 (2) establish eligibility criteria for an entity
25-16 applying for financial assistance from the bank.
25-17 Sec. 222.078. REPORT TO LEGISLATURE. (a) Not later than
25-18 January 1, 2001, the department shall submit a report to the
25-19 legislature on the status of projects funded by the state
25-20 infrastructure bank and the use of the bank. The report must
25-21 include information about:
25-22 (1) the financial and operational status of projects
25-23 assisted by the bank;
25-24 (2) the financial condition of the bank, including
25-25 fund balances;
26-1 (3) the cumulative value of investments made; and
26-2 (4) the extent to which projects assisted by the bank
26-3 have aided the state in meeting the state's transportation needs.
26-4 (b) This section expires January 1, 2001.
26-5 SECTION 1.22. Subchapter A, Chapter 223, Transportation
26-6 Code, is amended by adding Sections 223.012 and 223.013 to read as
26-7 follows:
26-8 Sec. 223.012. CONTRACTOR PERFORMANCE. The department shall:
26-9 (1) develop a schedule for liquidated damages that
26-10 accurately reflects the costs associated with project completion
26-11 delays, including administrative and travel delays; and
26-12 (2) review contractor bidding capacity to ensure that
26-13 contractors meet each quality and timeliness standard established
26-14 by the commission.
26-15 Sec. 223.013. ELECTRONIC BIDDING SYSTEM. (a) The
26-16 department may establish an electronic bidding system for highway
26-17 construction and maintenance contracts.
26-18 (b) The system must permit a qualified vendor to
26-19 electronically submit a bid, including any contract, signature, or
26-20 verification of a guaranty check by a financial institution.
26-21 (c) That part of Section 223.004(a) requiring a bid to be
26-22 opened at a public hearing of the commission does not apply to an
26-23 electronically submitted bid. A copy of each electronically
26-24 submitted bid shall be publicly posted within 48 hours after bids
26-25 are opened.
27-1 (d) After the electronic bidding system is established, the
27-2 department shall take the actions necessary to recover the
27-3 department's costs of manually processing bids from a person who
27-4 does not submit an electronic bid.
27-5 SECTION 1.23. Section 223.041, Transportation Code, is
27-6 amended to read as follows:
27-7 Sec. 223.041. ENGINEERING AND DESIGN CONTRACTS. (a) The
27-8 department shall use private sector engineering-related services to
27-9 assist in accomplishing its activities in providing transportation
27-10 projects. For the purpose of this section, engineering-related
27-11 services means engineering, land surveying, environmental,
27-12 transportation feasibility and financial, architectural, real
27-13 estate appraisal, and materials laboratory services. These
27-14 engineering-related services are for highway improvements,
27-15 right-of-way acquisition, and aviation improvements [department's
27-16 policy regarding the regular use of private sector professional
27-17 services for preliminary and construction engineering and
27-18 engineering design shall achieve a balance between the use of
27-19 department employees and the use of private contractors if the
27-20 costs are equivalent].
27-21 (b) The department, in setting the level of expenditures in
27-22 these engineering-related activities that will be paid to the
27-23 private sector providers, shall index the level of expenditures
27-24 from the amount set by rider in the General Appropriations Act,
27-25 75th Legislature, Regular Session, 1997, expressed as a percentage
28-1 of the total funds appropriated in Strategy A.1.1.
28-2 Plan/Design/Manage [office of the state auditor shall determine
28-3 relevant costs to be considered under Subsection (a)].
28-4 (c) Beginning in fiscal year 2000, the department shall
28-5 increase its expenditures to private sector providers for
28-6 engineering-related services at least one percentage point per year
28-7 until the expenditure level in all strategies paid to private
28-8 sector providers for all department engineering-related services
28-9 for transportation projects reaches a goal of 35 percent of funds
28-10 appropriated in Strategy A.1.1. Plan/Design/Manage of the General
28-11 Appropriations Act, 75th Legislature, Regular Session, 1997.
28-12 (d) The commission may provide for hearings at which private
28-13 sector complaints relating to the selection process are heard.
28-14 SECTION 1.24. Chapter 224, Transportation Code, is amended
28-15 by adding Subchapter F to read as follows:
28-16 SUBCHAPTER F. CONGESTION MITIGATION PROJECTS AND FACILITIES
28-17 Sec. 224.151. DEFINITIONS. In this subchapter:
28-18 (1) "Congestion" means the level at which
28-19 transportation system performance is no longer acceptable because
28-20 of traffic interference. The level of acceptable system
28-21 performance may vary by type of transportation facility, geographic
28-22 location, or time of day.
28-23 (2) "Congestion mitigation" means projects and
28-24 facilities used to reduce congestion to promote the use of carpools
28-25 and vanpools, improve air quality, conserve fuel, and enhance the
29-1 use of existing highways and facilities on the state highway
29-2 system.
29-3 (3) "High occupancy vehicle" means a bus or other
29-4 motorized passenger vehicle such as a carpool or vanpool vehicle
29-5 used for ridesharing purposes and occupied by a specified minimum
29-6 number of persons.
29-7 (4) "High occupancy vehicle lane" means one or more
29-8 lanes of a highway or an entire highway where high occupancy
29-9 vehicles, trucks, or emergency vehicles in any combination are
29-10 given at all times, or at regularly scheduled times, a priority or
29-11 preference over some or all other vehicles moving in the general
29-12 stream of all highway traffic.
29-13 (5) "Motor vehicle" has the meaning assigned by
29-14 Section 522.003.
29-15 (6) "Transportation corporation" means a
29-16 transportation corporation created by the state under Chapter 431.
29-17 Sec. 224.152. PURPOSE. (a) Subject to the availability of
29-18 state and federal funds, it is the intent of the legislature to
29-19 further the purposes of the United States Congress as expressed in
29-20 23 U.S.C. Sections 134, 135, 146, and 149 and in Section 1012(b) of
29-21 Pub. L. No. 102-240 to conserve fuel, decrease traffic congestion
29-22 during rush hours, improve air quality, develop innovative
29-23 techniques to finance transportation projects, and enhance the use
29-24 of existing highways and facilities.
29-25 (b) The legislature declares that it is necessary, to
30-1 further the purposes described by Subsection (a), to provide for
30-2 the participation of the commission and the department in projects
30-3 and facilities for the purpose of congestion mitigation.
30-4 Sec. 224.153. HIGH OCCUPANCY VEHICLE LANES AUTHORIZED.
30-5 (a) The commission may designate and the department or a
30-6 transportation corporation may design, construct, operate, or
30-7 maintain one or more lanes on a multi-lane highway facility as
30-8 dedicated high occupancy vehicle lanes on the state highway system.
30-9 (b) The commission may spend or allocate any available funds
30-10 to:
30-11 (1) designate highway lanes as preferential carpool or
30-12 high occupancy vehicle lanes and create facilities to relieve
30-13 traffic congestion; or
30-14 (2) make any other designation of a dedicated high
30-15 occupancy vehicle lane on the state highway system.
30-16 Sec. 224.154. CONGESTION MITIGATION. (a) Notwithstanding
30-17 any law of this state relating to charging tolls on existing free
30-18 public highways, the commission may by order authorize the
30-19 department or a transportation corporation to charge a toll for the
30-20 use of one or more lanes of a state highway facility, including a
30-21 high occupancy vehicle lane, for the purposes of congestion
30-22 mitigation. The commission may enter into an agreement with a
30-23 regional tollway authority described in Chapter 366, or a transit
30-24 authority described in Chapter 451, 452, or 453, to charge a toll
30-25 for the use of one or more lanes of a state highway facility under
31-1 this subsection.
31-2 (b) The commission may by order set the amount of toll
31-3 charges. Any toll charges shall be imposed in a reasonable and
31-4 nondiscriminatory manner.
31-5 (c) For purposes of congestion mitigation projects and
31-6 facilities under this subchapter, the department, a transportation
31-7 corporation, and a regional tollway authority or a transit
31-8 authority with whom the commission has an agreement under this
31-9 section are successor agencies to the Texas Turnpike Authority for
31-10 purposes of Section 52-b, Article III, Texas Constitution.
31-11 (d) Revenue generated from toll charges and administrative
31-12 fees assessed by the department in connection with a congestion
31-13 mitigation facility shall be deposited in the state highway fund
31-14 and may be used only for projects for the improvement of the state
31-15 highway system. Revenue generated from toll charges and
31-16 administrative fees assessed by an entity with whom the commission
31-17 contracts under this section shall be allocated as required by the
31-18 terms of the agreement.
31-19 (e) The powers granted by this section are subject to the
31-20 restrictions of 23 U.S.C. Section 129.
31-21 Sec. 224.155. FAILURE OR REFUSAL TO PAY TOLL CHARGES. Any
31-22 motor vehicle other than a police or emergency vehicle that is
31-23 driven or towed through a toll collection facility shall pay the
31-24 proper toll.
31-25 Sec. 224.156. ADMINISTRATIVE FEE; NOTICE. (a) In the event
32-1 of nonpayment of the proper toll, on issuance of proper notice of
32-2 nonpayment, the registered owner of the nonpaying vehicle is
32-3 legally bound to pay both the proper toll and an administrative
32-4 fee.
32-5 (b) The commission by rule and a transportation corporation
32-6 by order of its board of directors may respectively fix an
32-7 administrative fee, not to exceed $100, to recover the cost of
32-8 collecting an unpaid toll. The notice of nonpayment to the
32-9 registered owner shall be sent by the department by first-class
32-10 mail not later than 30 days after the date of the alleged failure
32-11 to pay and may require payment not sooner than 30 days after the
32-12 date the notice was mailed. The registered owner shall pay a
32-13 separate toll and administrative fee for each event of nonpayment.
32-14 (c) If the registered owner of the vehicle fails to pay the
32-15 proper toll and administrative fee within the time specified by the
32-16 notice of nonpayment issued under this section, the registered
32-17 owner shall be cited as for other traffic violations for the
32-18 nonpayment, and the owner is legally bound to pay a fine, not to
32-19 exceed $250, for each event of nonpayment. Neither the legal
32-20 obligation to pay nor the actual payment of the fine affects the
32-21 legal duty of the owner for any other fine or penalty prescribed by
32-22 law.
32-23 Sec. 224.157. PROSECUTIONS. (a) In the prosecution of a
32-24 violation under Sections 224.155 and 224.156, proof that the
32-25 vehicle passed through a toll collection facility without payment
33-1 of the proper toll, together with proof that the defendant was the
33-2 registered owner of the vehicle when the failure to pay occurred,
33-3 establishes the nonpayment of the registered owner.
33-4 (b) The court of the local jurisdiction in which the
33-5 violation occurred may assess and collect the fine in addition to
33-6 any court costs. The court shall also collect the proper toll and
33-7 administrative fee and forward the toll and fee to the department
33-8 or to the transportation corporation.
33-9 (c) It is a defense to nonpayment under Section 224.155 or
33-10 224.156 that the motor vehicle in question was stolen before the
33-11 failure to pay the proper toll occurred and was not recovered by
33-12 the time of the failure to pay, but only if the theft was reported
33-13 to the appropriate law enforcement authority before the earlier of:
33-14 (1) the occurrence of the failure to pay; or
33-15 (2) eight hours after discovery of the theft.
33-16 (d) A registered owner who is a lessor of a vehicle
33-17 concerning which a notice of nonpayment was issued under Section
33-18 224.156 is not liable in connection with that notice of nonpayment
33-19 if, not later than 30 days after the date the notice of nonpayment
33-20 is mailed, the registered owner provides to the department or the
33-21 transportation corporation a copy of the rental, lease, or other
33-22 contract document covering the vehicle on the date of the
33-23 nonpayment, with the name and address of the lessee clearly
33-24 legible. Failure to provide this information within the period
33-25 prescribed renders the lessor liable as the registered owner. If
34-1 the lessor provides the required information within the period
34-2 prescribed, the lessee of the vehicle on the date of the violation
34-3 is considered to be the owner of the vehicle for purposes of this
34-4 subchapter and is subject to prosecution for failure to pay the
34-5 proper toll as if the lessee were the registered owner, if the
34-6 department or the transportation corporation sends a notice of
34-7 nonpayment to the lessee by first-class mail within 30 days after
34-8 the date of receipt of the required information from the lessor.
34-9 Sec. 224.158. USE AND RETURN OF TRANSPONDERS. (a) For
34-10 purposes of this section, a "transponder" means a device, placed on
34-11 or within a motor vehicle, that is capable of transmitting
34-12 information used to assess or collect tolls. A transponder is
34-13 "insufficiently funded" when there are no remaining funds in the
34-14 account in connection with which the transponder was issued.
34-15 (b) Any law enforcement officer of the Department of Public
34-16 Safety has the authority to seize a stolen or insufficiently funded
34-17 transponder and to return it to the department or the
34-18 transportation corporation, except that an insufficiently funded
34-19 transponder may not be seized sooner than 30 days after the date
34-20 the department or the transportation corporation has sent a notice
34-21 of delinquency to the holder of the account.
34-22 Sec. 224.159. ADOPTION OF RULES; PRESCRIBE FORMS. The
34-23 commission shall adopt rules and prescribe forms to administer this
34-24 subchapter.
34-25 SECTION 1.25. Section 431.073, Transportation Code, is
35-1 amended to read as follows:
35-2 Sec. 431.073. PROJECT IN COUNTY OF 500,000 [1.5 MILLION] OR
35-3 MORE OR ADJACENT COUNTY. (a) This section applies only to a
35-4 corporation [in existence on August 31, 1991,] that was created by
35-5 the state or one or more counties or municipalities to implement a
35-6 transportation project in:
35-7 (1) a county with a population of 500,000 [1.5
35-8 million] or more; or
35-9 (2) a county adjacent to a county described by
35-10 Subdivision (1).
35-11 (b) If approved and authorized by the commission, a
35-12 corporation created by the state has the rights, powers,
35-13 privileges, authority, and functions given the department under
35-14 this title to:
35-15 (1) construct, improve, operate, and maintain high
35-16 occupancy vehicle lanes; and
35-17 (2) charge a toll for the use of one or more high
35-18 occupancy vehicle lanes for the purpose of congestion mitigation.
35-19 (c) A corporation in existence on August 31, 1991, has the
35-20 powers, rights, and privileges of a corporation created under
35-21 Chapter 11, Title 32, Revised Statutes, as that law existed on
35-22 August 31, 1991, except that the required right-of-way of any
35-23 highway, road, street, or turnpike may be of the width required or
35-24 approved by the commission or each governing body creating the
35-25 corporation.
36-1 SECTION 1.26. Section 224.033, Transportation Code, is
36-2 amended to read as follows:
36-3 Sec. 224.033. COUNTY IMPROVEMENT OF STATE SYSTEM. (a) The
36-4 commission may enter into an agreement with the commissioners court
36-5 of a county [may contract with the department] for the improvement
36-6 by the county of the state highway system.
36-7 (b) In this section, "improvement" means construction,
36-8 reconstruction, maintenance, and the making of a necessary plan or
36-9 survey before beginning construction, reconstruction, or
36-10 maintenance and includes a project or activity[:]
36-11 [(1)] appurtenant to a state highway and including
36-12 drainage facilities, surveying, traffic counts, driveways,
36-13 landscaping, signs, lights, or guardrails[; or]
36-14 [(2) involving maintenance of a state highway and
36-15 appurtenant facilities].
36-16 SECTION 1.27. Section 251.014, Transportation Code, is
36-17 amended to read as follows:
36-18 Sec. 251.014. COUNTY IMPROVEMENT OF STATE HIGHWAY. (a) The
36-19 commissioners court of a county may enter into an agreement
36-20 [contract] with the commission [department] for the county to carry
36-21 out a project or activity for the improvement of a segment of the
36-22 state highway system.
36-23 (b) In this section, "improvement" means construction,
36-24 reconstruction, maintenance, and the making of a necessary plan or
36-25 survey before beginning construction, reconstruction, or
37-1 maintenance and includes a [if the] project or activity[:]
37-2 [(1) is] appurtenant to a state highway, including
37-3 surveying, making a traffic count, or landscaping or an activity
37-4 relating to a drainage facility, driveway, sign, light, or
37-5 guardrail[; or]
37-6 [(2) involves maintenance of a state highway or
37-7 appurtenant facility].
37-8 SECTION 1.28. Chapter 455, Transportation Code, is amended
37-9 by adding Section 455.0015 to read as follows:
37-10 Sec. 455.0015. TRANSPORTATION NEEDS OF CLIENTS OF HEALTH AND
37-11 HUMAN SERVICES AGENCIES. In performing its public transportation
37-12 planning and funding activities, the department shall consider and
37-13 include the transportation needs of those persons who are clients
37-14 of the health and human services agencies of this state.
37-15 SECTION 1.29. Section 623.074, Transportation Code, is
37-16 amended by adding Subsection (d) to read as follows:
37-17 (d) The department may by rule authorize an applicant to
37-18 submit an application electronically. An electronically submitted
37-19 application shall be considered signed if a digital signature is
37-20 transmitted with the application and intended by the applicant to
37-21 authenticate the application. For purposes of this subsection,
37-22 "digital signature" means an electronic identifier intended by the
37-23 person using it to have the same force and effect as the use of a
37-24 manual signature.
37-25 SECTION 1.30. (a) Not later than April 30, 1998, the Texas
38-1 Department of Transportation shall complete a study of alternative
38-2 routes for a second transportation link from the mainland to South
38-3 Padre Island that would:
38-4 (1) provide an alternative for emergency ingress or
38-5 egress for permanent residents and daily and overnight visitors;
38-6 (2) better disperse the traffic on the island to
38-7 reduce congestion at the southern end of the island;
38-8 (3) reduce the travel time and cost by providing a
38-9 more direct route to the island from upper Rio Grande Valley
38-10 locations and provide relief to traffic congestion in
38-11 municipalities along existing highway routes; and
38-12 (4) give priority to environmentally friendly
38-13 alternative options, such as a light-rail highway combination, that
38-14 could be anchored at the Valley International Airport and the South
38-15 Padre Convention Center or at other logical destinations.
38-16 (b) The Texas Department of Transportation shall, not later
38-17 than December 31, 1998, report to the legislature on the
38-18 department's plans to implement the recommendations of the study
38-19 described by Subsection (a) of this section.
38-20 SECTION 1.31. Subsection (b), Section 201.109,
38-21 Transportation Code, is amended to read as follows:
38-22 (b) In carrying out this section, the commission shall
38-23 provide for:
38-24 (1) maximizing the generation of revenue from existing
38-25 assets of the department, including real estate;
39-1 (2) increasing the role of the private sector and
39-2 public-private projects in the leasing of real estate and other
39-3 assets in the development of highway projects;
39-4 (3) setting and attempting to meet annual revenue
39-5 enhancement goals;
39-6 (4) reporting on the progress in meeting revenue
39-7 enhancement goals in the department's annual report; [and]
39-8 (5) contracting for an independent audit of the
39-9 department's management and business operations in 2001 and each
39-10 12th year after 2001; and
39-11 (5) developing cost-benefit analysis between the use
39-12 of local materials previously incorporated into roadways versus use
39-13 of materials blended or transported from other sources.
39-14 SECTION 1.32. Subchapter C, Chapter 791, Government Code, is
39-15 amended by adding Section 791.031 to read as follows:
39-16 Sec. 791.031. TRANSPORTATION INFRASTRUCTURE. This section
39-17 applies only to a local government, other than a school district,
39-18 that is authorized to impose ad valorem taxes on real property.
39-19 (b) The Texas Department of Transportation may enter into an
39-20 interlocal contract with a local government for the financing of
39-21 transportation infrastructure that is constructed or that is to be
39-22 constructed in the territory of the local government by the
39-23 department in a corridor of land on which no existing state or
39-24 federal highway is located.
39-25 (c) The agreement must include:
40-1 (1) the duration of the agreement, which may not
40-2 exceed 12 years;
40-3 (2) a description of each transportation
40-4 infrastructure project or proposed project;
40-5 (3) a map showing the location of each project and
40-6 property included in the contract; and
40-7 (4) an estimate of the cost of each project.
40-8 (d) The agreement may establish one or more transportation
40-9 infrastructure zones. The Texas Department of Transportation and
40-10 the local government may agree that at one or more specified times,
40-11 the local government will pay to the Texas Department of
40-12 Transportation an amount that is calculated on the basis of
40-13 increased ad valorem tax collections in a zone that are
40-14 attributable to increased values of property located in the zone
40-15 resulting from an infrastructure project. The amount may not
40-16 exceed an amount that is equal to 30 percent of the increase in ad
40-17 valorem tax collections for the specified period.
40-18 (e) Money received by the Texas Department of Transportation
40-19 under this section may be used:
40-20 (1) to provide a local match for the acquisition of
40-21 right-of-way in the territory of the local government; or
40-22 (2) for design, construction, operation, or
40-23 maintenance of transportation facilities in the territory of the
40-24 local government.
40-25 SECTION 1.33. Subtitle B, Title 6, Transportation Code, is
41-1 amended by adding Chapter 226 to read as follows:
41-2 CHAPTER 226. EMERGENCY CALL BOX SYSTEM
41-3 Sec. 226.001. DEFINITION. In this chapter, "emergency
41-4 response service" means:
41-5 (1) firefighting, law enforcement, or emergency
41-6 medical services that are provided by a public agency; or
41-7 (2) motorist assistance services.
41-8 Sec. 226.002. APPLICABILITY; LIMITATION ON EXPENDITURES.
41-9 This chapter does not:
41-10 (1) apply to a segment of a highway that the
41-11 commission has designated as a farm-to-market or ranch-to-market
41-12 road; or
41-13 (2) authorize the department to make an expenditure of
41-14 money for the implementation, operation, or maintenance of the
41-15 emergency telephone call box system under this chapter that exceeds
41-16 the amount of money deposited to the credit of the state highway
41-17 fund under Section 226.009.
41-18 Sec. 226.003. INSTALLATION, OPERATION, AND MAINTENANCE OF
41-19 CALL BOX SYSTEM. (a) The department shall provide for the
41-20 installment, operation, and maintenance of a system of emergency
41-21 telephone call boxes along those highways in this state that are
41-22 part of the designated state highway system.
41-23 (b) The system must:
41-24 (1) be designed to enable users of those highways to
41-25 request emergency and nonemergency response services; and
42-1 (2) include:
42-2 (A) wired or wireless telecommunications
42-3 services; and
42-4 (B) one or more motorist assistant answering
42-5 centers; and
42-6 (3) be capable of performing compatible Intelligent
42-7 Transportation Systems (ITS) functions.
42-8 (c) To minimize call processing loads in public safety
42-9 answering points established under Chapter 771 or 772, Health and
42-10 Safety Code, the department shall, to the extent practical,
42-11 contract with a private entity to perform the functions of a
42-12 motorist assistance answering center under Subsection (b)(2)(B).
42-13 Sec. 226.004. LOCATION OF AND DISTANCE BETWEEN CALL BOXES.
42-14 The location of the emergency call boxes shall be determined by the
42-15 department in accordance with the design specifications of the
42-16 system.
42-17 Sec. 226.005. EMERGENCY TELEPHONE CALL BOX SYSTEM ADVISORY
42-18 COMMITTEE. (a) There is created an emergency telephone call box
42-19 system advisory committee. The committee is composed of the
42-20 executive officers, or the representatives of the executive
42-21 officers, of:
42-22 (1) the department;
42-23 (2) the Advisory Commission on State Emergency
42-24 Communications;
42-25 (3) the General Services Commission;
43-1 (4) the Texas Department of Health; and
43-2 (5) the Department of Public Safety.
43-3 (b) Except for the authority provided by Section 226.006,
43-4 the committee shall:
43-5 (1) advise and assist in:
43-6 (A) the design, operation, and maintenance of
43-7 the system; and
43-8 (B) the development of specifications for each
43-9 contract to be awarded under this chapter.
43-10 Sec. 226.006. OVERSIGHT BY ADVISORY COMMISSION ON STATE
43-11 EMERGENCY COMMUNICATIONS. (a) The Advisory Commission on State
43-12 Emergency Communications shall:
43-13 (1) provide technical and management oversight to
43-14 support the proper routing of a call made to an emergency response
43-15 services provider from an emergency telephone call box and any
43-16 emergency response to that call; and
43-17 (2) coordinate the operation and maintenance of the
43-18 emergency response system through local councils of governments and
43-19 9-1-1 districts.
43-20 (b) If the advisory commission establishes standards for
43-21 system performance, the standards must be applicable throughout the
43-22 state.
43-23 Sec. 226.007. CONTRACTS FOR IMPLEMENTATION AND INSTALLATION
43-24 OF CALL BOX SYSTEM. (a) The department shall:
43-25 (1) award one or more contracts to implement the
44-1 system not later than June 1, 1998;
44-2 (2) require that installation of the system begin not
44-3 later than September 1, 1998; and
44-4 (3) implement the system in each area of the state
44-5 that has cellular telephone coverage.
44-6 (b) A contract awarded under this chapter shall be awarded
44-7 by the department in the manner provided by Chapter 223.
44-8 (c) The department may solicit proposals for and enter into
44-9 one or more lease-purchase agreements under this chapter.
44-10 Sec. 226.008. INTERGOVERNMENTAL COOPERATION. (a) The
44-11 Advisory Commission on State Emergency Communications, agencies of
44-12 this state, and each county and municipality in this state shall
44-13 cooperate in the design, establishment, operation, and maintenance
44-14 of the emergency telephone call box system.
44-15 (b) Local government authorities shall support statewide
44-16 public relations efforts with local media.
44-17 Sec. 226.009. FEE; OTHER REVENUE. (a) In this section,
44-18 "insurer" and "motor vehicle years of insurance" have the meanings
44-19 assigned those terms by Section 10(a), Article 4413(37), Revised
44-20 Statutes.
44-21 (b) Not later than March 1 of each year, each insurer shall
44-22 pay to the comptroller a fee in an amount equal to $1 multiplied by
44-23 the total number of motor vehicle years of insurance for insurance
44-24 policies delivered, issued for delivery, or renewed by the insurer
44-25 during the preceding calendar year.
45-1 (c) The fee imposed by this section is in addition to any
45-2 other fee or tax imposed by law on an insurer.
45-3 (d) The fee imposed by this section shall not be reflected
45-4 as an additional line item on the insured's invoice.
45-5 (e) The comptroller shall notify the Texas Department of
45-6 Insurance of each insurer that fails to pay the fee imposed by this
45-7 section. The department of insurance may revoke the certificate of
45-8 authority of an insurer who fails to pay the fee.
45-9 (f) Each fee under this section that is received by the
45-10 comptroller shall be deposited to the credit of a separate account
45-11 in the state highway fund. Money in the account, including any
45-12 interest accrued, may be used only for the purpose of implementing,
45-13 operating, maintaining, upgrading, or administering the emergency
45-14 telephone call box system established under this chapter.
45-15 (g) If the department, the emergency telephone call box
45-16 system advisory committee, the Advisory Commission on State
45-17 Emergency Communications, or another agency or department of this
45-18 state derives any revenue from the operation or maintenance of the
45-19 emergency telephone call box system, the revenue must be sent to
45-20 the comptroller for deposit in the separate account as provided by
45-21 Subsection (f).
45-22 (h) Section 403.095, Government Code, does not apply to
45-23 money deposited to the credit of the state highway fund under this
45-24 section.
45-25 Sec. 226.010. ANNUAL REPORTS. (a) Not later than November
46-1 1 of each year, the department shall file with the lieutenant
46-2 governor, the speaker of the house of representatives, and the
46-3 Legislative Budget Board a report on the activities under this
46-4 chapter during the preceding fiscal year.
46-5 (b) The report may include the department's recommendations
46-6 for action by the legislature.
46-7 Sec. 226.011. APPLICATION OF SUNSET ACT. The emergency
46-8 telephone call box system and the provisions of this chapter are
46-9 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
46-10 continued in existence as provided by that chapter, the advisory
46-11 committee is abolished and this chapter expires on September 1,
46-12 2007.
46-13 ARTICLE 2. OUTDOOR ADVERTISING
46-14 SECTION 2.01. Section 391.065, Transportation Code, is
46-15 amended by adding Subsection (c) to read as follows:
46-16 (c) The commission may not adopt a rule under this chapter
46-17 that restricts competitive bidding or advertising by the holder of
46-18 a license issued under this chapter other than a rule to prohibit
46-19 false, misleading, or deceptive practices. The limitation provided
46-20 by this section applies only to rules relating to the occupation of
46-21 outdoor advertiser and does not affect the commission's power to
46-22 regulate the orderly and effective display of outdoor advertising
46-23 under this chapter. A rule to prohibit false, misleading, or
46-24 deceptive practices may not:
46-25 (1) restrict the use of:
47-1 (A) any legal medium for an advertisement;
47-2 (B) the license holder's advertisement under a
47-3 trade name; or
47-4 (C) the license holder's personal appearance or
47-5 voice in an advertisement, if the license holder is an individual;
47-6 or
47-7 (2) relate to the size or duration of an advertisement
47-8 by the license holder.
47-9 SECTION 2.02. Section 391.062, Transportation Code, is
47-10 amended by adding Subsection (c) to read as follows:
47-11 (c) At least 30 days before the date on which a person's
47-12 license expires, the commission shall notify the person of the
47-13 impending expiration. The notice must be in writing and sent to
47-14 the person's last known address according to the records of the
47-15 commission.
47-16 SECTION 2.03. Subsection (a), Section 391.066,
47-17 Transportation Code, is amended to read as follows:
47-18 (a) The commission may revoke or suspend a license issued
47-19 under this subchapter or place on probation a license holder whose
47-20 license is suspended if the license holder violates this chapter or
47-21 a rule adopted under this chapter. If the suspension of the
47-22 license is probated, the department may require the license holder
47-23 to report regularly to the commission on any matter that is the
47-24 basis of the probation.
47-25 SECTION 2.04. Subchapter B, Chapter 391, Transportation
48-1 Code, is amended by adding Section 391.037 to read as follows:
48-2 Sec. 391.037. LIVING LOGOS PROGRAM. The Commission may
48-3 adopt rules to implement a floral mosaic living logo program for
48-4 display within the public right-of-way. Such rules shall prescribe
48-5 the scope and size of the displays, determine lease rates and terms
48-6 for the location of each display, set a bond for faithful
48-7 performance, and provide for the public safety. The commission may
48-8 implement a pilot program as part of the rulemaking process. This
48-9 program may be incorporated into the current Adopt-A-Highway
48-10 program.
48-11 ARTICLE 3. TEXAS MOTOR VEHICLE COMMISSION CODE
48-12 SECTION 3.01. Section 2.02A, Texas Motor Vehicle Commission
48-13 Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
48-14 to read as follows:
48-15 Sec. 2.02A. APPOINTMENTS. Appointments to the Commission
48-16 shall be made without [with due] regard to [for] the race, color,
48-17 disability, sex, religion, or [ethnicity, gender, and] national
48-18 origin of the appointees.
48-19 SECTION 3.02. Subchapter B, Texas Motor Vehicle Commission
48-20 Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
48-21 by adding Section 2.03A to read as follows:
48-22 Sec. 2.03A. TRAINING ON DEPARTMENT AND CERTAIN LAWS RELATING
48-23 TO DEPARTMENT. (a) To be eligible to take office as a member of
48-24 the Commission, a person appointed to the Commission must complete
48-25 at least one course of a training program that complies with this
49-1 section.
49-2 (b) The training program must provide information to the
49-3 person regarding:
49-4 (1) this Act;
49-5 (2) the programs operated by the department;
49-6 (3) the role and functions of the department;
49-7 (4) the rules of the department with an emphasis on
49-8 the rules that relate to disciplinary and investigatory authority;
49-9 (5) the current budget for the department;
49-10 (6) the results of the most recent formal audit of the
49-11 department;
49-12 (7) the requirements of the:
49-13 (A) open meetings law, Chapter 551, Government
49-14 Code;
49-15 (B) open records law, Chapter 552, Government
49-16 Code; and
49-17 (C) administrative procedure law, Chapter 2001,
49-18 Government Code;
49-19 (8) the requirements of the conflict of interest laws
49-20 and other laws relating to public officials; and
49-21 (9) any applicable ethics policies adopted by the
49-22 Commission or the Texas Ethics Commission.
49-23 (c) A person appointed to the Commission is entitled to
49-24 reimbursement for travel expenses incurred in attending the
49-25 training program, as provided by the General Appropriations Act and
50-1 as if the person were a member of the Commission.
50-2 SECTION 3.03. Subsection (b), Section 2.08, Texas Motor
50-3 Vehicle Commission Code (Article 4413(36), Vernon's Texas Civil
50-4 Statutes), is amended to read as follows:
50-5 (b) The Commission is subject to Chapters 551 and 2001,
50-6 Government Code [the open meetings law, Chapter 271, Acts of the
50-7 60th Legislature, Regular Session, 1967, as amended (Article
50-8 6252-17, Vernon's Texas Civil Statutes)].
50-9 SECTION 3.04. Subsection (c), Section 2.08A, Texas Motor
50-10 Vehicle Commission Code (Article 4413(36), Vernon's Texas Civil
50-11 Statutes), is amended to read as follows:
50-12 (c) If the Executive Director has knowledge that a potential
50-13 ground for removal exists, the Executive Director shall notify the
50-14 Chairman of the Commission of the ground. The Chairman shall then
50-15 notify the Governor and the Attorney General that a potential
50-16 ground for removal exists. If the potential ground for removal
50-17 relates to the Chairman of the Commission, the Executive Director
50-18 shall notify the Vice-chairman of the Commission, who shall notify
50-19 the Governor and the Attorney General that a potential ground for
50-20 removal exists.
50-21 SECTION 3.05. Subsection (e), Section 2.09, Texas Motor
50-22 Vehicle Commission Code (Article 4413(36), Vernon's Texas Civil
50-23 Statutes), is amended to read as follows:
50-24 (e) The Executive Director shall appoint and employ such
50-25 Commission staff as are necessary to carry out the duties and
51-1 functions of the Executive Director and the Commission under this
51-2 Act. The Commission shall develop and implement policies that
51-3 clearly separate the policy-making [define the respective]
51-4 responsibilities of the Commission and the management
51-5 responsibilities of the Executive Director and staff of the
51-6 Commission.
51-7 SECTION 3.06. Subsection (b), Section 2.10, Texas Motor
51-8 Vehicle Commission Code (Article 4413(36), Vernon's Texas Civil
51-9 Statutes), is amended to read as follows:
51-10 (b) The Commission shall file annually with the Governor and
51-11 the presiding officer of each house of the legislature a complete
51-12 and detailed written report accounting for all funds received and
51-13 disbursed by the Commission during the preceding fiscal year. The
51-14 annual report must comply with each reporting requirement
51-15 applicable to financial reporting [be in the form and reported in
51-16 the time] provided by the General Appropriations Act.
51-17 SECTION 3.07. Section 2.12, Texas Motor Vehicle Commission
51-18 Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
51-19 to read as follows:
51-20 Sec. 2.12. COMPLAINTS. (a) The Commission shall:
51-21 (1) keep an information file about each complaint
51-22 filed with the Commission that the Commission has authority to
51-23 resolve; and
51-24 (2) provide the person who filed the complaint, and
51-25 each person or entity that is the subject of the complaint,
52-1 information about the Commission's policies and procedures relating
52-2 to complaint investigation and resolution.
52-3 (b) If a written complaint is filed with the Commission that
52-4 the Commission has authority to resolve, the Commission, at least
52-5 quarterly and until final disposition of the complaint, shall
52-6 notify the parties to the complaint of the status of the complaint
52-7 unless the notice would jeopardize an ongoing Commission
52-8 investigation.
52-9 (c) With regard to each complaint filed with the Commission,
52-10 the Commission shall keep the following information:
52-11 (1) the date the complaint is filed;
52-12 (2) the name of the person filing the complaint;
52-13 (3) the subject matter of the complaint;
52-14 (4) a record of each person contacted in relation to
52-15 the complaint;
52-16 (5) a summary of the results of the review or
52-17 investigation of the complaint; and
52-18 (6) if the Commission takes no action on the
52-19 complaint, an explanation of the reasons that no action was taken.
52-20 SECTION 3.08. Subsections (a), (b), and (d), Section 2.13,
52-21 Texas Motor Vehicle Commission Code (Article 4413(36), Vernon's
52-22 Texas Civil Statutes), are amended to read as follows:
52-23 (a) The Executive Director or his designee shall develop an
52-24 intraagency career ladder program that addresses opportunities for
52-25 mobility and advancement of employees in the Commission. The
53-1 program shall require intraagency postings of all [nonentry level]
53-2 positions concurrently with any public posting.
53-3 (b) The Executive Director or his designee shall develop a
53-4 system of annual performance evaluations that are based on
53-5 documented employee performance. All merit pay for Commission
53-6 employees must be based on the system established under this
53-7 subsection.
53-8 (d) The Executive Director or his designee shall prepare and
53-9 maintain a written policy statement to assure implementation of a
53-10 program of equal employment opportunity under which all personnel
53-11 transactions are made without regard to race, color, disability
53-12 [handicap], sex, religion, age, or national origin. The policy
53-13 statement must include:
53-14 (1) personnel policies, including policies relating to
53-15 recruitment, evaluation, selection, appointment, training, and
53-16 promotion of personnel that comply with Chapter 21, Labor Code;
53-17 (2) a comprehensive analysis of the Commission work
53-18 force that meets federal and state guidelines;
53-19 (3) procedures by which a determination can be made of
53-20 significant underuse in the Commission work force of all persons
53-21 for whom federal or state guidelines encourage a more equitable
53-22 balance; and
53-23 (4) reasonable methods to appropriately address those
53-24 areas of significant underuse.
53-25 A policy statement prepared under this subsection must cover
54-1 an annual period, be updated at least annually, be reviewed by the
54-2 Texas Commission on Human Rights for compliance with Subdivision
54-3 (1) of this subsection, and be filed with the Governor's office.
54-4 The Governor's office shall deliver a biennial report to the
54-5 legislature based on the information received under this
54-6 subsection. The report may be made separately or as a part of
54-7 other biennial reports made to the legislature.
54-8 SECTION 3.09. Section 4.01B, Texas Motor Vehicle Commission
54-9 Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
54-10 to read as follows:
54-11 Sec. 4.01B. [NOTICE OF] LICENSE EXPIRATION. (a) The
54-12 Commission by rule may implement a system under which licenses
54-13 expire on various dates during the year.
54-14 (b) The Commission shall notify each person licensed under
54-15 this Act of the date of license expiration and the amount of the
54-16 fee required for license renewal. The notice shall be mailed at
54-17 least thirty days before the date of license expiration.
54-18 (c) For a year in which a license expiration date is
54-19 changed, the fee for the license shall be prorated so that the
54-20 holder of the license pays only that portion of the license fee
54-21 that is allocable to the number of months during which the license
54-22 is valid. On renewal of the license on the new expiration date,
54-23 the entire license renewal fee is payable.
54-24 ARTICLE 4. MOTOR CARRIERS
54-25 SECTION 4.01. Subsection (i), Section 3, Article 6675c,
55-1 Revised Statutes, is amended to read as follows:
55-2 (i) A registration issued under this article is valid for
55-3 one year. The department may adopt a system under which
55-4 registrations expire at different times during the year. At least
55-5 30 days before the date on which a motor carrier's registration
55-6 expires, the department shall notify the carrier of the impending
55-7 expiration. The notice must be in writing and sent to the motor
55-8 carrier's last known address according to the records of the
55-9 department. A motor carrier may renew a registration under this
55-10 article by:
55-11 (1) supplementing the application with any new
55-12 information required under Subsection (g) of this section;
55-13 (2) paying a $10 fee for each vehicle requiring
55-14 registration the carrier operates; and
55-15 (3) showing the department evidence of continuing
55-16 insurance or financial responsibility in an amount at least equal
55-17 to the amount set by the department under Section 4(a) of this
55-18 article.
55-19 SECTION 4.02. Section 7, Article 6675c, Revised Statutes, is
55-20 amended to read as follows:
55-21 Sec. 7. Suspension and revocation of registration. (a) The
55-22 department may suspend or revoke a registration issued under this
55-23 article or place on probation a motor carrier whose registration is
55-24 suspended if:
55-25 (1) a motor carrier fails to maintain insurance as
56-1 required by Section 4(a) or (b) of this article;
56-2 (2) a motor carrier fails to keep proof of insurance
56-3 in the cab of each vehicle as required by Section 4(e) of this
56-4 article;
56-5 (3) a motor carrier fails to register a vehicle
56-6 requiring registration; or
56-7 (4) a motor carrier knowingly provides false
56-8 information on any form filed with the department under this
56-9 section.
56-10 (b) The Department of Public Safety may request that the
56-11 department suspend or revoke a registration issued under this
56-12 article or place on probation a motor carrier whose registration is
56-13 suspended if a motor carrier:
56-14 (1) has an unsatisfactory safety rating under 49
56-15 C.F.R. Part 385; or
56-16 (2) has multiple violations of a provision of Article
56-17 6675d, Revised Statutes, a rule adopted under that article, or the
56-18 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
56-19 Texas Civil Statutes).
56-20 (c) Except as provided by Subsection (d) of this section, a
56-21 suspension or revocation or the imposition of probation made under
56-22 Subsection (a) or (b) of this section is a contested case under
56-23 Chapter 2001, Government Code.
56-24 (d) The department may suspend or revoke a registration
56-25 issued under this article or place on probation a motor carrier
57-1 whose registration is suspended without a hearing under Chapter
57-2 2001, Government Code, if:
57-3 (1) the department provides notice to the motor
57-4 carrier of:
57-5 (A) the proposed suspension or revocation; and
57-6 (B) the right of the carrier to request a
57-7 hearing under Chapter 2001, Government Code; and
57-8 (2) the motor carrier fails to provide the department
57-9 with a written request for a hearing within 10 days after the date
57-10 the carrier receives the notice described in Subdivision (1) of
57-11 this subsection.
57-12 (e) If the suspension of a motor carrier's registration is
57-13 probated, the department may require the carrier to report
57-14 regularly to the department on any matter that is the basis of the
57-15 probation.
57-16 SECTION 4.03. Section 8, Article 6675c, Revised Statutes, is
57-17 amended by adding Subsection (g) to read as follows:
57-18 (g) The department may not by rule restrict competitive
57-19 bidding or advertising by a motor carrier except to prohibit false,
57-20 misleading, or deceptive practices. A rule to prohibit false,
57-21 misleading, or deceptive practices may not:
57-22 (1) restrict the use of:
57-23 (A) any medium for an advertisement;
57-24 (B) the motor carrier's advertisement under a
57-25 trade name; or
58-1 (C) the motor carrier's personal appearance or
58-2 voice in an advertisement, if the motor carrier is an individual;
58-3 or
58-4 (2) relate to the size or duration of an advertisement
58-5 by the motor carrier.
58-6 ARTICLE 5. SALVAGE VEHICLE DEALERS
58-7 SECTION 5.01. Section 1.02, Article 6687-1a, Revised
58-8 Statutes, is amended by adding Subsection (c) to read as follows:
58-9 (c) The commission may not adopt a rule under this article
58-10 that restricts competitive bidding or advertising by a person who
58-11 holds a license issued under this article other than a rule to
58-12 prohibit false, misleading, or deceptive practices. A rule to
58-13 prohibit false, misleading, or deceptive practices may not:
58-14 (1) restrict the use of:
58-15 (A) any medium for an advertisement;
58-16 (B) the license holder's advertisement under a
58-17 trade name; or
58-18 (C) the license holder's personal appearance or
58-19 voice in an advertisement, if the license holder is an individual;
58-20 or
58-21 (2) relate to the size or duration of an advertisement
58-22 by the license holder.
58-23 SECTION 5.02. Section 2.07, Article 6687-1a, Revised
58-24 Statutes, is amended to read as follows:
58-25 Sec. 2.07. License Renewal. (a) A license issued under
59-1 this article expires on the first anniversary of the date of
59-2 issuance and may be renewed annually on or before the expiration
59-3 date on payment of the required renewal fee.
59-4 (b) A person who is otherwise eligible to renew a license
59-5 may renew an unexpired license by paying to the department before
59-6 the expiration date of the license the required renewal fee. A
59-7 person whose license has expired may not engage in the activities
59-8 that require a license until the license has been renewed under the
59-9 provisions of this section.
59-10 (c) If a person's license has been expired for 90 days or
59-11 less, the person may renew the license by paying to the department
59-12 one and one-half times the required renewal fee.
59-13 (d) If a person's license has been expired for longer than
59-14 90 days but less than one year, the person may renew the license by
59-15 paying to the department two times the required renewal fee.
59-16 (e) If a person's license has been expired for one year or
59-17 longer, the person may not renew the license. The person may
59-18 obtain a new license by complying with the requirements and
59-19 procedures for obtaining an original license. If the person was
59-20 licensed in this state, moved to another state, and has been doing
59-21 business in the other state for the two years preceding
59-22 application, the person may renew an expired license. The person
59-23 must pay to the department a fee that is equal to two times the
59-24 required renewal fee for the license.
59-25 (f) At least 30 days before the date on which a person's
60-1 license expires, the department shall notify the person of the
60-2 impending expiration. The notice must be in writing and sent to
60-3 the person's last known address according to the records of the
60-4 department. [If a license holder fails to renew the license before
60-5 its expiration date, the license holder may renew the license on
60-6 payment of the renewal fee and a late fee set by the commission.
60-7 If the license is not renewed before the first anniversary of the
60-8 date on which the license expired, the license holder must apply
60-9 for a new license in the same manner as an applicant for an initial
60-10 license.]
60-11 SECTION 5.03. Subsection (b), Section 4.01, Article 6687-1a,
60-12 Revised Statutes, is amended to read as follows:
60-13 (b) The commission shall adopt rules establishing the
60-14 grounds for the denial, suspension, revocation, or reinstatement of
60-15 a license and establishing procedures for disciplinary actions. A
60-16 rule adopted under this subsection may not conflict with a rule
60-17 adopted by the State Office of Administrative Hearings.
60-18 ARTICLE 6. VEHICLE STORAGE FACILITY ACT
60-19 SECTION 6.01. Section 4, Vehicle Storage Facility Act
60-20 (Article 6687-9a, Revised Statutes), is amended by adding
60-21 Subsection (d) to read as follows:
60-22 (d) The commission may not adopt a rule under this Act that
60-23 restricts competitive bidding or advertising by a person who holds
60-24 a license issued under this Act other than a rule to prohibit
60-25 false, misleading, or deceptive practices. A rule to prohibit
61-1 false, misleading, or deceptive practices may not:
61-2 (1) restrict the use of:
61-3 (A) any medium for an advertisement;
61-4 (B) the license holder's advertisement under a
61-5 trade name; or
61-6 (C) the license holder's personal appearance or
61-7 voice in an advertisement, if the license holder is an individual;
61-8 or
61-9 (2) relate to the size or duration of an advertisement
61-10 by the license holder.
61-11 SECTION 6.02. Subsection (a), Section 9, Vehicle Storage
61-12 Facility Act (Article 6687-9a, Revised Statutes), is amended to
61-13 read as follows:
61-14 (a) A license issued under this article is valid for the
61-15 period set by the commission. At least 30 days before the date on
61-16 which a person's license expires, the commission shall notify the
61-17 person of the impending expiration. The notice must be in writing
61-18 and sent to the person's last known address according to the
61-19 records of the commission.
61-20 SECTION 6.03. Section 10, Vehicle Storage Facility Act
61-21 (Article 6687-9a, Revised Statutes), is amended by adding
61-22 Subsections (e) and (f) to read as follows:
61-23 (e) If the commission places a person on probation under
61-24 this section, the commission may require the person to report
61-25 regularly to the commission on any matter that is the basis of the
62-1 probation.
62-2 (f) If the commission proposes to take an action under
62-3 Subsection (a) or (b) of this section, the person is entitled to a
62-4 hearing conducted by the State Office of Administrative Hearings.
62-5 Proceedings for a disciplinary action are governed by the
62-6 administrative procedure law, Chapter 2001, Government Code. Rules
62-7 of practice adopted by the commission under Section 2001.004,
62-8 Government Code, applicable to the proceedings for a disciplinary
62-9 action may not conflict with rules adopted by the State Office of
62-10 Administrative Hearings.
62-11 ARTICLE 7. TURNPIKES
62-12 SECTION 7.01. Chapter 222, Transportation Code, is amended
62-13 by adding Subchapter E to read as follows:
62-14 SUBCHAPTER E. TOLL FACILITIES
62-15 Sec. 222.101. EXPENDITURE OF MONEY. The department may
62-16 spend money from any source for the construction, maintenance, and
62-17 operation of toll facilities.
62-18 Sec. 222.102. TEMPORARY TOLL PROJECTS. The department may
62-19 recover the cost of a preventative maintenance or rehabilitation
62-20 project on a nontoll segment of the state highway system by
62-21 temporarily imposing a toll charge.
62-22 Sec. 222.103. COST PARTICIPATION. (a) The department may
62-23 participate in the cost of the construction, maintenance, or
62-24 operation of a toll facility of a public or private entity on terms
62-25 and conditions established by the commission, including
63-1 requirements for repayment.
63-2 (b) An entity receiving cost participation from the
63-3 department under this section is a successor agency to the Texas
63-4 Turnpike Authority for the purposes of Section 52-b, Article III,
63-5 Texas Constitution.
63-6 SECTION 7.02. Section 362.055, Transportation Code, is
63-7 amended to read as follows:
63-8 Sec. 362.055. EXCEPTION. This subchapter does not apply to:
63-9 (1) a county that has a population of more than 1.5
63-10 million; [or]
63-11 (2) a local government corporation created under
63-12 Chapter 431 by a county that has a population of more than 1.5
63-13 million; or
63-14 (3) a regional tollway authority created under Chapter
63-15 366.
63-16 SECTION 7.03. Section 361.001, Transportation Code, is
63-17 amended to read as follows:
63-18 Sec. 361.001. DEFINITIONS. In this chapter:
63-19 (1) "Authority" means the Texas Turnpike Authority
63-20 division of the Texas Department of Transportation [and includes
63-21 the entity that succeeds to the principal functions of the
63-22 authority or to whom by law the powers of the authority are given].
63-23 (2) "Board" means the board of directors of the
63-24 authority.
63-25 (3) ["Highway" means a road, highway, farm-to-market
64-1 road, or street under the supervision of the state or a political
64-2 subdivision of the state.]
64-3 [(4)] "Owner" includes a person having title to or an
64-4 interest in any property, rights, easements, and interests
64-5 authorized to be acquired under this chapter.
64-6 (4) [(5)] "Turnpike project" means a toll [an express]
64-7 highway constructed, maintained, or operated under this chapter as
64-8 part of the state highway system and any improvement, extension, or
64-9 expansion to the highway and includes:
64-10 (A) a facility to relieve traffic congestion and
64-11 promote safety;
64-12 (B) a bridge, tunnel, overpass, underpass,
64-13 interchange, entrance plaza, approach, toll house, or service
64-14 station;
64-15 (C) an administration, storage, or other
64-16 building the authority considers necessary to operate the project;
64-17 and
64-18 (D) property rights, easements, and interests
64-19 the authority acquires to construct or operate the project.
64-20 (5) "Regional tollway authority" means a regional
64-21 tollway authority created under Chapter 366.
64-22 SECTION 7.04. Section 361.031, Transportation Code, is
64-23 amended to read as follows:
64-24 Sec. 361.031. TEXAS TURNPIKE AUTHORITY. (a) The Texas
64-25 Turnpike Authority is a division of the Texas Department of
65-1 Transportation that has full authority to exercise all powers
65-2 granted to it under this chapter. Powers granted to the department
65-3 under this chapter and Chapter 362 to study, design, construct,
65-4 operate, expand, enlarge, or extend a turnpike project as a part of
65-5 the state highway system shall be exercised by the department
65-6 acting by and through the authority [state agency].
65-7 (b) The authority may perform, procure from other divisions
65-8 of the department with the consent of the department, or procure
65-9 from outside service providers any portion of the services the
65-10 authority requires for:
65-11 (1) right-of-way acquisition;
65-12 (2) roadway finance, design, and construction;
65-13 (3) environmental affairs; or
65-14 (4) legal services.
65-15 (c) With the approval of the commission, the authority may
65-16 perform, procure from other divisions of the department with the
65-17 consent of the department, or procure from outside service
65-18 providers any portion of the services the authority requires for
65-19 roadway maintenance or traffic operations.
65-20 (d) To perform its functions under this chapter, the
65-21 authority may use the facilities and personnel of the department in
65-22 the same manner as other divisions of the department.
65-23 (e) If the comptroller assigns numbers to state agencies for
65-24 accounting purposes, the comptroller shall assign a separate agency
65-25 number to the authority [The authority shall locate offices in
66-1 Austin, Texas, on or before September 1, 1997].
66-2 (f) [(c)] The exercise by the authority of the powers
66-3 conferred by this chapter in the construction, operation, and
66-4 maintenance of a turnpike project is:
66-5 (1) in all respects for the benefit of the people of
66-6 this state, for the increase of their commerce and prosperity, and
66-7 for the improvement of their health and living conditions and
66-8 public safety; and
66-9 (2) an essential governmental function of the state.
66-10 SECTION 7.05. Subsection (a), Section 361.032,
66-11 Transportation Code, is amended to read as follows:
66-12 (a) The board is composed of seven [12] directors. The
66-13 governor, with the advice and consent of the senate, shall appoint
66-14 six [nine] directors who represent the public. The chair of the
66-15 [Each] commission or a member of the commission designated by the
66-16 chair serves as an ex officio board member.
66-17 SECTION 7.06. Subsection (a), Section 361.033,
66-18 Transportation Code, is amended to read as follows:
66-19 (a) A person is not eligible for appointment to the board if
66-20 the person or the person's spouse:
66-21 (1) is registered, certified, or licensed by an
66-22 occupational regulatory agency in the field of toll road
66-23 construction, maintenance, or operation;
66-24 (2) is employed by or participates in the management
66-25 of a business entity or other organization regulated by the
67-1 commission, department, or authority or receiving funds from the
67-2 commission, department, or authority;
67-3 (3) owns or controls, directly or indirectly, more
67-4 than a 10 percent interest in a business entity or other
67-5 organization regulated by or receiving funds from the commission,
67-6 department, or authority, other than compensation for acquisition
67-7 of turnpike right-of-way; or
67-8 (4) uses or receives a substantial amount of tangible
67-9 goods, services, or funds from the commission, department, or
67-10 authority, other than compensation or reimbursement authorized by
67-11 law for board membership, attendance, or expenses or compensation
67-12 for acquisition of turnpike right-of-way.
67-13 SECTION 7.07. Section 361.042, Transportation Code, is
67-14 amended to read as follows:
67-15 Sec. 361.042. GENERAL POWERS AND DUTIES. (a) The board
67-16 [authority] shall:
67-17 (1) on its own initiative or at the request of the
67-18 commission, consider, study, plan, and develop turnpike projects
67-19 under this chapter;
67-20 (2) adopt rules [bylaws] for the regulation of its
67-21 affairs and the conduct of its business;
67-22 (3) with the concurrence of the commission, employ an
67-23 administrative head, who serves at the pleasure of the board and
67-24 who must be compensated on a level not lower than the level on
67-25 which a deputy executive director of the department is compensated;
68-1 and
68-2 (4) undertake such other duties as are delegated to it
68-3 by the commission.
68-4 (b) The authority may:
68-5 (1) [(2) adopt an official seal;]
68-6 [(3)] construct, maintain, repair, and operate
68-7 turnpike projects in this state;
68-8 (2) [(4)] acquire, hold, and dispose of property in
68-9 the exercise of its powers and the performance of its duties under
68-10 this chapter;
68-11 (3) with the approval of the governor and the
68-12 commission, [(5)] enter into contracts or operating agreements with
68-13 similar authorities or agencies of another state, including a state
68-14 of the United Mexican States;
68-15 (4) [(6)] enter into contracts or agreements necessary
68-16 or incidental to its duties and powers under this chapter;
68-17 (5) [(7)] employ consulting engineers, [attorneys,]
68-18 accountants, construction and financial experts, superintendents,
68-19 managers, and other employees and agents the authority considers
68-20 necessary and set their compensation;
68-21 (6) employ attorneys to advance or defend legal
68-22 actions pertaining to the division's activities, notwithstanding
68-23 any other law to the contrary, including Section 402.0212,
68-24 Government Code;
68-25 (7) [(8)] receive grants for the construction of a
69-1 turnpike project and receive contributions of money, property,
69-2 labor, or other things of value from any source to be used for the
69-3 purposes for which the grants or contributions are made;
69-4 (8) [(9)] adopt and enforce rules, if the commission
69-5 concurs, not inconsistent with this chapter for the use of any
69-6 turnpike project; and
69-7 (9) [(10)] do all things necessary or appropriate to
69-8 carry out the powers expressly granted by this chapter.
69-9 SECTION 7.08. Section 361.055, Transportation Code, is
69-10 amended to read as follows:
69-11 Sec. 361.055. SUCCESSOR AGENCY TO AUTHORITY. The following
69-12 are considered successor agencies to the Texas Turnpike Authority
69-13 [authority] for purposes of Section 52-b, Article III, Texas
69-14 Constitution:
69-15 (1) a county, municipality, or local government
69-16 corporation that leases, buys, operates, or otherwise receives a
69-17 turnpike project under Subchapter H;
69-18 (2) a county with a population of more than 1.5
69-19 million that constructs a toll road, toll bridge, or turnpike
69-20 project;
69-21 (3) a local government corporation serving a county
69-22 with a population of more than 1.5 million that constructs a toll
69-23 road, toll bridge, or turnpike project; [and]
69-24 (4) an adjacent county in a joint turnpike authority
69-25 with a county with a population of more than 1.5 million that
70-1 constructs a toll road, toll bridge, or turnpike project;
70-2 (5) the department; and
70-3 (6) a public or private entity authorized to receive
70-4 funds from the department for the construction, maintenance, or
70-5 operation of toll projects.
70-6 SECTION 7.09. Section 361.132, Transportation Code, is
70-7 amended to read as follows:
70-8 Sec. 361.132. ACQUISITION OF PROPERTY. (a) The board
70-9 [authority] may acquire, in the name of the state, [authority]
70-10 public or private real property it determines necessary or
70-11 convenient for the construction, expansion, enlargement, extension,
70-12 improvement, or operation of a turnpike project or for otherwise
70-13 carrying out this chapter.
70-14 (b) The real property the authority may acquire under this
70-15 subchapter includes:
70-16 (1) public parks, playgrounds, or reservations;
70-17 (2) parts of or rights in public parks, playgrounds,
70-18 or reservations;
70-19 (3) rights-of-way;
70-20 (4) property rights, including:
70-21 (A) a right of ingress or egress; and
70-22 (B) a reservation right in real property that
70-23 restricts or prohibits for not more than seven years the:
70-24 (i) addition of a new improvement on the
70-25 real property;
71-1 (ii) addition to or modification of an
71-2 existing improvement on the real property; or
71-3 (iii) subdivision of the real property;
71-4 (5) franchises;
71-5 (6) easements; and
71-6 (7) other interests in real property.
71-7 (c) The board [authority] may acquire the real property by
71-8 any method, including purchase and condemnation. The board
71-9 [authority] may purchase public or private real property on the
71-10 terms and at the price the board [authority] and the owner consider
71-11 reasonable.
71-12 (d) Property necessary or convenient for the construction or
71-13 operation of a turnpike project under Subsection (a) includes an
71-14 interest in real property, a property right, or materials that the
71-15 authority determines are necessary or convenient to:
71-16 (1) protect a turnpike project;
71-17 (2) drain a turnpike project;
71-18 (3) divert a stream, river, or other watercourse from
71-19 the right-of-way of a turnpike project;
71-20 (4) store materials or equipment used in the
71-21 construction or maintenance of a turnpike project;
71-22 (5) construct or operate a warehouse or other facility
71-23 used in connection with the construction, maintenance, or operation
71-24 of a turnpike project;
71-25 (6) lay out, construct, or maintain a roadside park;
72-1 (7) lay out, construct, or maintain a parking lot that
72-2 will contribute to the maximum use of a turnpike project with the
72-3 least possible congestion;
72-4 (8) mitigate an adverse environmental effect that
72-5 directly results from the construction or maintenance of a turnpike
72-6 project; or
72-7 (9) accomplish any other purpose related to the
72-8 location, construction, improvement, maintenance, beautification,
72-9 preservation, or operation of a turnpike project.
72-10 (e) The authority shall comply with all relocation
72-11 assistance procedures applicable to the department in connection
72-12 with any displacement of owners or tenants as a consequence of the
72-13 authority's acquisition of real property under this chapter.
72-14 (f) The authority may acquire timber, earth, stone, gravel,
72-15 or other materials as necessary to carry out a purpose under this
72-16 chapter.
72-17 SECTION 7.10. Section 361.135, Transportation Code, is
72-18 amended to read as follows:
72-19 Sec. 361.135. CONDEMNATION OF REAL PROPERTY. (a) The
72-20 board, with the concurrence of the commission, [authority] may
72-21 acquire public or private real property in the name of the state
72-22 [authority] by the exercise of the power of condemnation under the
72-23 laws applicable to the exercise of that power on property for
72-24 public use if:
72-25 (1) the authority and the owner cannot agree on a
73-1 reasonable price for the property; or
73-2 (2) the owner is legally incapacitated, absent,
73-3 unknown, or unable to convey title.
73-4 (b) The board, with the concurrence of the commission, [To
73-5 the extent provided by Subsection (c), the authority] may condemn
73-6 real property that the authority determines is:
73-7 (1) necessary or appropriate to construct or to
73-8 efficiently operate a turnpike project;
73-9 (2) necessary to restore public or private property
73-10 damaged or destroyed; [or]
73-11 (3) necessary for access, approach, and interchange
73-12 roads;
73-13 (4) necessary for supplemental facilities of the
73-14 authority; or
73-15 (5) necessary otherwise to carry out this chapter.
73-16 (c) [The authority may condemn real property necessary for
73-17 access, approach, and interchange roads but may not condemn
73-18 property:]
73-19 [(1) that is unnecessary for road and right-of-way
73-20 purposes; or]
73-21 [(2) that is for a supplemental facility for another
73-22 purpose.]
73-23 [(d) The authority may construct a supplemental facility
73-24 only on real property the authority purchases.]
73-25 [(e)] The court having jurisdiction of a condemnation
74-1 proceeding may:
74-2 (1) make orders as are just to the authority and the
74-3 owners of the real property; and
74-4 (2) require an undertaking or other security to secure
74-5 the owners against any loss or damage by reason of the board's
74-6 [authority's] failure to accept and pay for the real property.
74-7 (d) [(f)] An undertaking or security under Subsection (c)(2)
74-8 [(e)(2)] or an act or obligation of the authority or the board does
74-9 not impose any liability on the state, [or] the authority, or the
74-10 board except liability that may be paid from the money authorized
74-11 by this chapter.
74-12 SECTION 7.11. Section 361.136, Transportation Code, is
74-13 amended to read as follows:
74-14 Sec. 361.136. SEVERANCE OF REAL PROPERTY. (a) If a
74-15 turnpike project severs an owner's real property, the authority
74-16 shall pay:
74-17 (1) the value of the property acquired; and
74-18 (2) the damages to the remainder of the owner's
74-19 property caused by the severance, including damages caused by the
74-20 inaccessibility of one tract from the other.
74-21 (b) [The authority shall provide and maintain without charge
74-22 a passageway over or under the turnpike project for the owner of
74-23 the severed real property and the owner's employees and
74-24 representatives. The authority is not required to furnish a
74-25 passageway if the owner waives the requirement or the original
75-1 tract involved is less than 80 acres.]
75-2 [(c)] The authority may negotiate for and purchase the
75-3 severed real property or either part of the severed real property
75-4 if the authority and the owner agree on terms for the purchase.
75-5 [The authority shall sell and dispose of severed real property
75-6 within two years after the date of acquisition.]
75-7 SECTION 7.12. Subchapter D, Chapter 361, Transportation
75-8 Code, is amended by adding Section 361.142 to read as follows:
75-9 Sec. 361.142. COVENANTS, CONDITIONS, RESTRICTIONS, OR
75-10 LIMITATIONS. Covenants, conditions, restrictions, or limitations
75-11 affecting property acquired in any manner by the authority are not
75-12 binding against the authority and do not impair the authority's
75-13 ability to use the property for a purpose authorized by this
75-14 chapter. The beneficiaries of the covenants, conditions,
75-15 restrictions, or limitations are not entitled to enjoin the
75-16 authority from using the property for a purpose authorized under
75-17 this chapter, but this section does not affect the right of a
75-18 person to seek damages to the person's property under Section 17,
75-19 Article I, Texas Constitution.
75-20 SECTION 7.13. Section 361.180, Transportation Code, is
75-21 amended to read as follows:
75-22 Sec. 361.180. TOLLS ON CONVERTED HIGHWAYS [PROHIBITION ON
75-23 TOLLS ON EXISTING FREE HIGHWAYS]. If converted to a toll facility
75-24 under Section 222.102 or 362.0041, the commission [The authority]
75-25 may impose a toll for transit over an existing free public highway
76-1 [only if such highway is transferred to the authority by the
76-2 commission under Section 362.0041].
76-3 SECTION 7.14. Subsection (b), Section 361.184,
76-4 Transportation Code, is amended to read as follows:
76-5 (b) The board [authority] may transfer, or direct the
76-6 authority to transfer, into the project revolving fund money from
76-7 any permissible source, including:
76-8 (1) money from a surplus fund established for a
76-9 turnpike project if the remainder of the surplus fund is not less
76-10 than any minimum amount required by the trust agreement to be
76-11 retained for that project;
76-12 (2) money received under Subchapter I or from a
76-13 transfer of a turnpike project under Subchapter H;
76-14 (3) advances from the state highway fund [department
76-15 authorized under Section 52-b, Article III, Texas Constitution];
76-16 and
76-17 (4) contributions or assistance from the United
76-18 States, another state, a political subdivision of this state, the
76-19 United Mexican States, or a political subdivision of the United
76-20 Mexican States.
76-21 SECTION 7.15. Section 361.189, Transportation Code, is
76-22 amended to read as follows:
76-23 Sec. 361.189. USE OF SURPLUS REVENUE. [(a)] The commission
76-24 [board] by resolution may authorize the use of surplus revenue of a
76-25 turnpike project to pay the costs of another turnpike project,
77-1 other than a project financed under Subchapter I, or a toll-free
77-2 project. The commission [board] may in the resolution prescribe
77-3 terms for the use of the revenue, including the pledge of the
77-4 revenue, but may not take an action under this section that[:]
77-5 [(1) violates Subsection (b); or]
77-6 [(2)] violates, impairs, or is inconsistent with a
77-7 bond resolution, trust agreement, or indenture governing the use of
77-8 the surplus revenue.
77-9 [(b) Except as provided by Subsection (c), the surplus
77-10 revenue of a turnpike project that was under construction or
77-11 operated by the authority on January 1, 1993, may be used only for:]
77-12 [(1) the costs associated with the construction,
77-13 expansion, or maintenance of the project producing the revenue; and]
77-14 [(2) transfers to the Texas Turnpike Authority
77-15 feasibility study fund.]
77-16 [(c) The board may use revenue from a turnpike project
77-17 described by Subsection (b) for a purpose authorized by this
77-18 chapter other than a purpose described by that subsection if:]
77-19 [(1) the authority obtains the permission of the
77-20 commissioners court of each county in which the project is located;
77-21 or]
77-22 [(2) an agreement between the authority and a county
77-23 or local government corporation created by the county for the
77-24 lease, sale, or other conveyance of the project permits the revenue
77-25 to be used for another purpose.]
78-1 SECTION 7.16. Section 361.232, Transportation Code, is
78-2 amended by adding Subsection (e) to read as follows:
78-3 (e) This section does not apply to the conversion of any
78-4 highway that is a part of the state highway system to a turnpike
78-5 project.
78-6 SECTION 7.17. Section 361.237, Transportation Code, is
78-7 amended to read as follows:
78-8 Sec. 361.237. OPERATION OF TURNPIKE PROJECT. A turnpike
78-9 project is a public road subject to all laws applicable to the
78-10 regulation and control of traffic [(a) The authority shall police
78-11 and operate a turnpike project through a force of police,
78-12 toll-takers, and other employees of the authority.]
78-13 [(b) The authority may arrange with the Department of Public
78-14 Safety for the services of officers of that agency].
78-15 SECTION 7.18. Section 361.238, Transportation Code, is
78-16 amended to read as follows:
78-17 Sec. 361.238. PAYMENT OF BOND INDEBTEDNESS; CESSATION OR
78-18 CONTINUATION OF TOLLS[; TRANSFER OF PROJECT TO COMMISSION].
78-19 (a) Except as provided by Subsection (b), a [A] turnpike project
78-20 [that is in good condition and repair to the satisfaction of the
78-21 commission] becomes a toll-free [part of the state] highway
78-22 [system] when:
78-23 (1) the bonds issued under this chapter for the
78-24 project and the interest on the bonds are paid; or
78-25 (2) firm banking and financial arrangements have been
79-1 made for the discharge and final payment or redemption of the bonds
79-2 in accordance with Section 7A, Chapter 503, Acts of the 54th
79-3 Legislature, 1955 (Article 717k, Vernon's Texas Civil Statutes) [a
79-4 sufficient amount to pay the bonds and the interest on the bonds to
79-5 maturity or to redeem the bonds has been set aside in trust for the
79-6 benefit of the bondholders].
79-7 (b) If the conditions of Subsections (a)(1) and (2) are met,
79-8 the commission may continue to charge a toll sufficient to pay the
79-9 costs of maintaining the facility. [The authority shall continue
79-10 to operate as a toll facility a turnpike project that the
79-11 commission determines is not in a state of repair so as to justify
79-12 its acceptance as part of the state highway system. The authority
79-13 shall continue the tolls then in effect or revise the tolls to
79-14 provide money sufficient to assure payment of the expenses of
79-15 maintenance and operation and the making of repairs and
79-16 replacements as necessary to meet the minimum requirements of the
79-17 commission within the shortest practicable time.]
79-18 [(c) The commission shall maintain a turnpike project it
79-19 accepts free of tolls. The authority shall deliver to the
79-20 commission at the time of acceptance any money remaining to the
79-21 credit of the project after retirement of the bonds issued for the
79-22 project. The commission shall deposit the money in a fund to be
79-23 used to maintain the project facilities. The commission shall
79-24 administer the fund in accordance with commission rules.]
79-25 [(d) Not later than the first anniversary of the date the
80-1 commission accepts a turnpike project, the department shall
80-2 advertise for public sale each installation on the project other
80-3 than the road bed and highway sections and shall solicit sealed
80-4 bids for those installations. The department may reject any or all
80-5 bids but shall dispose of the properties not later than the second
80-6 anniversary of the date the commission accepts title to the
80-7 project.]
80-8 SECTION 7.19. The heading of Subchapter H, Chapter 361,
80-9 Transportation Code, is amended to read as follows:
80-10 SUBCHAPTER H. TRANSFER OF TURNPIKE PROJECT TO
80-11 COUNTY, MUNICIPALITY, REGIONAL TOLLWAY AUTHORITY, OR
80-12 LOCAL GOVERNMENT CORPORATION
80-13 SECTION 7.20. Sections 361.281, 361.282, and 361.285,
80-14 Transportation Code, are amended to read as follows:
80-15 Sec. 361.281. APPLICABILITY OF SUBCHAPTER. This subchapter
80-16 applies only to:
80-17 (1) a county with a population of more than 1.5
80-18 million;
80-19 (2) a local government corporation serving a county
80-20 with a population of more than 1.5 million; [or]
80-21 (3) an adjacent county in a joint turnpike authority
80-22 with a county with a population of more than 1.5 million;
80-23 (4) a municipality with a population of more than
80-24 120,000 that is adjacent to the United Mexican States; or
80-25 (5) a regional tollway authority created under Chapter
81-1 366.
81-2 Sec. 361.282. LEASE, SALE, OR CONVEYANCE OF TURNPIKE
81-3 PROJECT. (a) The authority may lease, sell, or convey in another
81-4 manner a turnpike project to a county, municipality, regional
81-5 tollway authority, or a local government corporation created under
81-6 Chapter 431.
81-7 (b) The authority, the commission, and the governor must
81-8 approve the transfer of the turnpike project as being in the best
81-9 interests of the state and the entity receiving the turnpike
81-10 project [county].
81-11 Sec. 361.285. APPROVAL OF AGREEMENT BY ATTORNEY GENERAL.
81-12 (a) An agreement for the lease, sale, or conveyance of a turnpike
81-13 project under this subchapter shall be submitted to the attorney
81-14 general for approval as part of the records of proceedings relating
81-15 to the issuance of bonds of the county, municipality, regional
81-16 tollway authority, or local government corporation.
81-17 (b) If the attorney general determines that the agreement is
81-18 in accordance with law, the attorney general shall approve the
81-19 agreement and deliver to the commission a copy of the legal opinion
81-20 of the attorney general stating that approval.
81-21 SECTION 7.21. Subsection (a), Section 361.331,
81-22 Transportation Code, is amended to read as follows:
81-23 (a) The authority may designate two or more turnpike
81-24 projects that are wholly or partly located in a metropolitan
81-25 planning organization [planning region of a council of governments]
82-1 as a pooled turnpike project after:
82-2 (1) conducting a public hearing; and
82-3 (2) obtaining the approval of the commission[; and]
82-4 [(3) obtaining a resolution adopted by the
82-5 commissioners court of the county that:]
82-6 [(A) approves the action; and]
82-7 [(B) specifies the date the pooled project
82-8 becomes toll free].
82-9 SECTION 7.22. Section 362.0041, Transportation Code, is
82-10 amended to read as follows:
82-11 Sec. 362.0041. CONVERSION [ACQUISITION] OF PROJECTS.
82-12 (a) If the commission finds that the conversion of a segment of
82-13 the free state highway system to a toll facility is the most
82-14 feasible and economic means to accomplish necessary expansion
82-15 improvements, or extensions to the state highway system, that
82-16 segment may[, on approval of the governor,] be converted
82-17 [transferred] by order of the commission to [the authority. The
82-18 authority may receive such segment of highway, thereafter to be
82-19 owned, operated, and maintained as] a turnpike project under
82-20 Chapter 361.
82-21 (b) [The authority shall reimburse the commission for the
82-22 cost of the transferred highway, unless the commission finds that
82-23 the transfer will result in substantial net benefits to the state,
82-24 the department, and the traveling public that exceed that cost.
82-25 The cost shall include the total dollar amount expended by the
83-1 department for the original construction of the highway, including
83-2 all costs associated with the preliminary engineering and design
83-3 engineering for plans, specifications, and estimates, the
83-4 acquisition of necessary right-of-way, and actual construction of
83-5 the highway and all necessary appurtenant facilities.]
83-6 [(c) The commission shall, coincident with the transfer,
83-7 remove the segment of highway from the designated state highway
83-8 system and shall subsequently have no liability, responsibility, or
83-9 duty for the maintenance or operation of the highway.]
83-10 [(d)] Prior to converting [transferring] a segment of the
83-11 state highway system under this section, the commission shall
83-12 conduct a public hearing for the purpose of receiving comments from
83-13 interested persons concerning the proposed transfer. Notice of the
83-14 hearing shall be published in the Texas Register, one or more
83-15 newspapers of general circulation, and a newspaper, if any,
83-16 published in the county or counties in which the involved highway
83-17 is located.
83-18 (c) [(e)] The commission shall adopt rules implementing this
83-19 section, such rules to include criteria and guidelines for the
83-20 approval of a conversion [transfer] of a highway.
83-21 SECTION 7.23. Subtitle G, Title 6, Transportation Code, is
83-22 amended by adding Chapter 366 to read as follows:
83-23 CHAPTER 366. REGIONAL TOLLWAY AUTHORITIES
83-24 SUBCHAPTER A. GENERAL PROVISIONS
83-25 Sec. 366.001. SHORT TITLE. This chapter may be cited as the
84-1 Regional Tollway Authority Act.
84-2 Sec. 366.002. PURPOSES; LIBERAL CONSTRUCTION. (a) The
84-3 purposes of this chapter are:
84-4 (1) the expansion and improvement of transportation
84-5 facilities and systems in this state;
84-6 (2) the creation of regional tollway authorities to
84-7 secure and acquire rights-of-way for urgently needed transportation
84-8 systems and to plan, design, construct, operate, expand, extend,
84-9 and modify those systems; and
84-10 (3) the reduction of burdens and demands on the
84-11 limited money available to the commission and an increase in the
84-12 effectiveness and efficiency of the commission.
84-13 (b) This chapter shall be liberally construed to effect its
84-14 purposes.
84-15 Sec. 366.003. DEFINITIONS. In this chapter:
84-16 (1) "Authority" means a regional tollway authority
84-17 organized under this chapter.
84-18 (2) "Board" means the board of directors of an
84-19 authority organized under this chapter.
84-20 (3) "Bond" means all bonds, certificates, notes, and
84-21 other obligations of an authority authorized by this chapter, any
84-22 other statute, or the Texas Constitution.
84-23 (4) "Bond proceedings" means a bond resolution and any
84-24 bond indenture authorized by the bond resolution, any credit
84-25 agreement entered into in connection with the bonds or the payments
85-1 to be made under the agreement, and any other agreement between an
85-2 authority and another person providing security for the payment of
85-3 bonds.
85-4 (5) "Bond resolution" means an order or resolution of
85-5 an authority's board authorizing the issuance of bonds.
85-6 (6) "Bondholder" means the owner of bonds and includes
85-7 a trustee acting on behalf of an owner of bonds under the terms of
85-8 a bond indenture.
85-9 (7) "Highway" means a road, highway, farm-to-market
85-10 road, or street under the supervision of the state or a political
85-11 subdivision of the state.
85-12 (8) "Local governmental entity" means a political
85-13 subdivision of the state, including a municipality or a county, a
85-14 political subdivision of a county, a group of adjoining counties, a
85-15 district organized or operating under Section 52, Article III, or
85-16 Section 59, Article XVI, Texas Constitution, or a nonprofit
85-17 corporation, including a transportation corporation created under
85-18 Chapter 431.
85-19 (9) "Revenue" means the tolls, rents, and other money
85-20 received by an authority from the ownership or operation of a
85-21 turnpike project.
85-22 (10) "System" means a turnpike project or any
85-23 combination of turnpike projects designated as a system by the
85-24 board under Section 366.034.
85-25 (11) "Turnpike project" means a highway of any number
86-1 of lanes, with or without grade separations, owned or operated by
86-2 an authority under this chapter and any improvement, extension, or
86-3 expansion to that highway, including:
86-4 (A) an improvement to relieve traffic congestion
86-5 and promote safety;
86-6 (B) a bridge, tunnel, overpass, underpass,
86-7 interchange, service road, ramp, entrance plaza, approach, or
86-8 tollhouse;
86-9 (C) an administration, storage, or other
86-10 building the authority considers necessary to operate the turnpike
86-11 project;
86-12 (D) a service station, hotel, motel, restaurant,
86-13 parking area or structure, rest stop, park, and other improvement
86-14 or amenity the authority considers necessary, useful, or beneficial
86-15 for the operation of a turnpike project; and
86-16 (E) property rights, easements, and interests
86-17 the authority acquires to construct or operate the turnpike
86-18 project.
86-19 Sec. 366.004. CONSTRUCTION COSTS DEFINED. (a) The cost of
86-20 acquisition, construction, improvement, extension, or expansion of
86-21 a turnpike project or system under this chapter includes the cost
86-22 of:
86-23 (1) the actual acquisition, construction, improvement,
86-24 extension, or expansion of the turnpike project or system;
86-25 (2) the acquisition of real property, rights-of-way,
87-1 property rights, easements, and other interests in real property;
87-2 (3) machinery and equipment;
87-3 (4) interest payable before, during, and after
87-4 acquisition, construction, improvement, extension, or expansion as
87-5 provided in the bond proceedings;
87-6 (5) traffic estimates, revenue estimates, engineering
87-7 and legal services, plans, specifications, surveys, appraisals,
87-8 construction cost estimates, and other expenses necessary or
87-9 incidental to determining the feasibility of the construction,
87-10 improvement, extension, or expansion;
87-11 (6) necessary or incidental administrative, legal, and
87-12 other expenses;
87-13 (7) compliance with laws, regulations, and
87-14 administrative rulings;
87-15 (8) financing; and
87-16 (9) expenses related to the initial operation of the
87-17 turnpike project or system.
87-18 (b) Costs attributable to a turnpike project or system and
87-19 incurred before the issuance of bonds to finance the turnpike
87-20 project or system may be reimbursed from the proceeds of sale of
87-21 the bonds.
87-22 (Sections 366.005-366.030 reserved for expansion
87-23 SUBCHAPTER B. CREATION AND POWERS OF REGIONAL
87-24 TOLLWAY AUTHORITIES
87-25 Sec. 366.031. CREATION AND EXPANSION OF A REGIONAL TOLLWAY
88-1 AUTHORITY. (a) Two or more counties, acting through their
88-2 respective commissioners courts, may by order passed by each
88-3 commissioners court create a regional tollway authority under this
88-4 chapter if:
88-5 (1) one of the counties has a population of not less
88-6 than 500,000, except that for a county bordering the Gulf of Mexico
88-7 or a bay or inlet opening into the gulf or for a county bordering
88-8 the United Mexican States the population may be not less than
88-9 300,000;
88-10 (2) the counties form a contiguous territory; and
88-11 (3) unless one of the counties has a population of 1.5
88-12 million or more, the commission approves the creation.
88-13 (b) The commission shall adopt rules to implement the
88-14 provisions of this section by March 1, 1998.
88-15 (c) A commissioners court may by resolution petition an
88-16 established authority for inclusion in the authority if the county
88-17 is contiguous to a county that initially created the authority.
88-18 (d) On approval of the board of an authority receiving a
88-19 petition under Subsection (c), the county becomes part of the
88-20 authority.
88-21 Sec. 366.032. NATURE OF REGIONAL TOLLWAY AUTHORITY. (a) An
88-22 authority created under this chapter is a body politic and
88-23 corporate and a political subdivision of this state.
88-24 (b) An authority is a governmental unit as that term is
88-25 defined in Chapter 101, Civil Practice and Remedies Code.
89-1 (c) The exercise by an authority of the powers conferred by
89-2 this chapter in the acquisition, design, financing, construction,
89-3 operation, and maintenance of a turnpike project or system is:
89-4 (1) in all respects for the benefit of the people of
89-5 the counties in which an authority operates and of the people of
89-6 this state, for the increase of their commerce and prosperity, and
89-7 for the improvement of their health, living conditions, and public
89-8 safety; and
89-9 (2) an essential governmental function of the state.
89-10 (d) The operations of an authority are governmental, not
89-11 proprietary, functions.
89-12 Sec. 366.033. GENERAL POWERS. (a) An authority, acting
89-13 through its board, without state approval, supervision, or
89-14 regulation, may:
89-15 (1) adopt rules for the regulation of its affairs and
89-16 the conduct of its business;
89-17 (2) adopt an official seal;
89-18 (3) study, evaluate, design, acquire, construct,
89-19 maintain, repair, and operate turnpike projects, individually or as
89-20 one or more systems;
89-21 (4) acquire, hold, and dispose of property in the
89-22 exercise of its powers and the performance of its duties under this
89-23 chapter;
89-24 (5) enter into contracts or operating agreements with
89-25 similar authorities or agencies of the United States, a state of
90-1 the United States, the United Mexican States, or a state of the
90-2 United Mexican States;
90-3 (6) enter into contracts or agreements necessary or
90-4 incidental to its duties and powers under this chapter;
90-5 (7) cooperate and work directly with property owners
90-6 and governmental agencies and officials to support an activity
90-7 required to promote or develop a turnpike project or system;
90-8 (8) employ and set the compensation of administrators,
90-9 consulting engineers, attorneys, accountants, construction and
90-10 financial experts, superintendents, managers, full-time and
90-11 part-time employees, agents, consultants, and such other persons as
90-12 the authority considers necessary or useful;
90-13 (9) receive loans, gifts, grants, and other
90-14 contributions for the construction of a turnpike project or system
90-15 and receive contributions of money, property, labor, or other
90-16 things of value from any source, including the United States, a
90-17 state of the United States, the United Mexican States, a state of
90-18 the United Mexican States, the commission, the department, any
90-19 subdivision of the state, or any other local governmental or
90-20 private entity, to be used for the purposes for which the grants or
90-21 contributions are made, and enter into any agreement necessary for
90-22 the grants or contributions;
90-23 (10) install, construct, maintain, repair, renew,
90-24 relocate, and remove public utility facilities in, on, along, over,
90-25 or under a turnpike project;
91-1 (11) organize a corporation under Chapter 431 for the
91-2 promotion and development of turnpike projects and systems;
91-3 (12) adopt and enforce rules not inconsistent with
91-4 this chapter for the use of any turnpike project or system,
91-5 including traffic and other public safety rules;
91-6 (13) enter into leases, operating agreements, service
91-7 agreements, licenses, franchises, and similar agreements with
91-8 public or private parties governing the parties' use of all or any
91-9 portion of a turnpike project and the rights and obligations of the
91-10 authority with respect to a turnpike project; and
91-11 (14) do all things necessary or appropriate to carry
91-12 out the powers expressly granted by this chapter.
91-13 (b) Property comprising a part of a turnpike project or a
91-14 system is not subject to condemnation or the power of eminent
91-15 domain by any person, including a governmental entity.
91-16 (c) An authority may, if requested by the commission,
91-17 perform any function not specified by this chapter to promote or
91-18 develop turnpike projects and systems in this state.
91-19 (d) An authority may sue and be sued and plead and be
91-20 impleaded in its own name.
91-21 (e) An authority may rent, lease, franchise, license, or
91-22 otherwise make portions of its properties available for use by
91-23 others in furtherance of its powers under this chapter by
91-24 increasing the feasibility or the revenue of a turnpike project or
91-25 system.
92-1 (f) An authority and any local governmental entity may enter
92-2 into a contract under which the authority will operate a turnpike
92-3 project or system on behalf of the local governmental entity. The
92-4 payments to be made to an authority under the contract shall
92-5 constitute operating expenses of the facility or system that is to
92-6 be operated under the contract, and the contract may extend for a
92-7 number of years as the parties agree.
92-8 (g) An authority shall adopt a written drug and alcohol
92-9 policy restricting the use of controlled substances by employees of
92-10 the authority, prohibiting the consumption of alcoholic beverages
92-11 by employees while on duty, and prohibiting employees from working
92-12 for the authority while under the influence of controlled
92-13 substances or alcohol. An authority may adopt policies regarding
92-14 the testing of employees suspected of being in violation of the
92-15 authority's drug and alcohol policy. The policy shall provide
92-16 that, unless required by court order or permitted by the person who
92-17 is the subject of the testing, the authority shall keep the results
92-18 of the test confidential.
92-19 Sec. 366.034. ESTABLISHMENT OF TURNPIKE SYSTEMS. (a) If an
92-20 authority determines that the traffic needs of the counties in
92-21 which it operates and the traffic needs of the surrounding region
92-22 could be most efficiently and economically met by jointly operating
92-23 two or more turnpike projects as one operational and financial
92-24 enterprise, it may create a system comprised of those turnpike
92-25 projects. An authority may create more than one system and may
93-1 combine two or more systems into one system. An authority may
93-2 finance, acquire, construct, and operate additional turnpike
93-3 projects as additions to and expansions of a system if the
93-4 authority determines that the turnpike project could most
93-5 efficiently and economically be acquired and constructed if it were
93-6 a part of the system and that the addition will benefit the system.
93-7 (b) The revenue of a system shall be accounted for
93-8 separately and may not be commingled with the revenue of a turnpike
93-9 project that is not a part of the system or with the revenue of
93-10 another system.
93-11 Sec. 366.035. CONVERSION OF STATE HIGHWAY SYSTEM PROJECTS.
93-12 (a) If the commission determines that the most feasible and
93-13 economic means to accomplish necessary expansion, improvements, or
93-14 extensions to the state highway system is the conversion to a
93-15 turnpike project of a segment of the free state highway system, any
93-16 segment located in a county of an authority or a county in which an
93-17 authority operates a turnpike project or in any county adjacent to
93-18 those counties may, on approval of the governor and the affected
93-19 authority, be transferred by order of the commission to that
93-20 authority. An authority that receives the segment of highway may
93-21 own, operate, and maintain the segment as a turnpike project or
93-22 system or a part of a turnpike project or system under this
93-23 chapter.
93-24 (b) An authority shall reimburse the commission for the cost
93-25 of a transferred highway, unless the commission determines that the
94-1 transfer will result in substantial net benefits to the state, the
94-2 department, and the traveling public that exceed that cost. The
94-3 cost includes the total amount expended by the department for the
94-4 original construction of the highway, including all costs
94-5 associated with the preliminary engineering and design engineering
94-6 for plans, specifications, and estimates, the acquisition of
94-7 necessary rights-of-way, and actual construction of the highway and
94-8 all necessary appurtenant facilities. Costs anticipated to be
94-9 expended to expand, improve, or extend the highway shall be
94-10 deducted from the costs to be reimbursed to the commission.
94-11 (c) The commission shall, at the time of a transfer, remove
94-12 the segment of highway from the state highway system. After a
94-13 transfer the commission has no liability, responsibility, or duty
94-14 for the maintenance or operation of the highway.
94-15 (d) Before transferring a segment of the state highway
94-16 system under this section, the commission shall conduct a public
94-17 hearing to receive comments from interested persons concerning the
94-18 proposed transfer. Notice of the hearing must be published in the
94-19 Texas Register, one or more newspapers of general circulation in
94-20 the counties in which the segment is located, and a newspaper, if
94-21 any, published in the counties of the applicable authority.
94-22 (e) The commission shall adopt rules implementing this
94-23 section. The rules shall include criteria and guidelines for the
94-24 approval of a transfer of a highway.
94-25 (f) An authority shall adopt rules providing criteria and
95-1 guidelines for approving the acceptance of a highway under this
95-2 section.
95-3 (Sections 366.036-366.070 reserved for expansion
95-4 SUBCHAPTER C. FEASIBILITY OF REGIONAL TURNPIKE PROJECTS
95-5 Sec. 366.071. EXPENDITURES FOR FEASIBILITY STUDIES. (a) An
95-6 authority may pay the expenses of studying the cost and feasibility
95-7 and any other expenses relating to the preparation and issuance of
95-8 bonds for a proposed turnpike project or system by:
95-9 (1) using legally available revenue derived from an
95-10 existing turnpike project or system;
95-11 (2) borrowing money and issuing bonds or entering into
95-12 a loan agreement payable out of legally available revenue
95-13 anticipated to be derived from the operation of an existing
95-14 turnpike project or system; or
95-15 (3) pledging to the payment of the bonds or loan
95-16 agreements legally available revenue anticipated to be derived from
95-17 the operation of an existing turnpike project or system or revenue
95-18 legally available to the authority from another source.
95-19 (b) Money spent under this section for a proposed turnpike
95-20 project or system must be reimbursed to the turnpike project or
95-21 system from which the money was spent from the proceeds of bonds
95-22 issued for the acquisition and construction of the proposed
95-23 turnpike project or system.
95-24 (c) The use of any money of a turnpike project or system to
95-25 study the feasibility of another turnpike project or system or used
96-1 to repay any money used for that purpose does not constitute an
96-2 operating expense of the turnpike project or system producing the
96-3 revenue and may only be paid from the surplus money of the turnpike
96-4 project or system.
96-5 Sec. 366.072. FEASIBILITY STUDY FUND. (a) An authority may
96-6 maintain a feasibility study fund. The fund is a revolving fund
96-7 held in trust by a banking institution chosen by the authority and
96-8 shall be kept separate from the money for any turnpike project or
96-9 system.
96-10 (b) An authority may transfer an amount from a surplus fund
96-11 established for a turnpike project or system to the authority's
96-12 feasibility study fund if the remainder of the surplus fund is not
96-13 less than any minimum amount required by the bond proceedings to be
96-14 retained for that turnpike project or system.
96-15 (c) Money in the feasibility study fund may be used only to
96-16 pay the expenses of studying the cost and feasibility and any other
96-17 expenses relating to:
96-18 (1) the preparation and issuance of bonds for the
96-19 acquisition and construction of a proposed turnpike project or
96-20 system;
96-21 (2) the financing of the improvement, extension, or
96-22 expansion of an existing turnpike project or system; and
96-23 (3) private participation, as authorized by law, in
96-24 the financing of a proposed turnpike project or system, the
96-25 refinancing of an existing turnpike project or system, or the
97-1 improvement, extension, or expansion of a turnpike project or
97-2 system.
97-3 (d) Money spent under Subsection (c) for a proposed turnpike
97-4 project or system must be reimbursed from the proceeds of turnpike
97-5 revenue bonds issued for, or other proceeds that may be used for,
97-6 the acquisition, construction, improvement, extension, expansion,
97-7 or operation of the turnpike project or system.
97-8 (e) For a purpose described by Subsection (c), an authority
97-9 may borrow money and issue promissory notes or other
97-10 interest-bearing evidences of indebtedness payable out of its
97-11 feasibility study fund, pledging money in the fund or to be placed
97-12 in the fund.
97-13 Sec. 366.073. FEASIBILITY STUDY BY MUNICIPALITY, COUNTY,
97-14 OTHER LOCAL GOVERNMENTAL ENTITY, OR PRIVATE GROUP. (a) One or
97-15 more municipalities, counties, or local governmental entities, a
97-16 combination of municipalities, counties, and local governmental
97-17 entities, or a private group or combination of individuals in this
97-18 state may pay all or part of the expenses of studying the cost and
97-19 feasibility and any other expenses relating to:
97-20 (1) the preparation and issuance of bonds for the
97-21 acquisition and construction of a proposed turnpike project or
97-22 system by an authority;
97-23 (2) the improvement, extension, or expansion of an
97-24 authority's existing turnpike project or system; or
97-25 (3) the use of private participation under applicable
98-1 law in connection with the acquisition, construction, improvement,
98-2 expansion, extension, maintenance, repair, or operation of a
98-3 turnpike project or system by an authority.
98-4 (b) Money spent under Subsection (a) for an authority's
98-5 proposed turnpike project or system is reimbursable without
98-6 interest and with the consent of the authority to the person paying
98-7 the expenses described in Subsection (a) out of the proceeds from
98-8 turnpike revenue bonds issued for or other proceeds that may be
98-9 used for the acquisition, construction, improvement, extension,
98-10 expansion, or operation of the turnpike project or system.
98-11 (Sections 366.074-366.110 reserved for expansion
98-12 SUBCHAPTER D. TURNPIKE FINANCING
98-13 Sec. 366.111. TURNPIKE REVENUE BONDS. (a) An authority, by
98-14 adoption of a bond resolution, may authorize the issuance of bonds
98-15 to pay all or part of the cost of a turnpike project or system, to
98-16 refund any bonds previously issued for the turnpike project or
98-17 system, or to pay for all or part of the cost of a turnpike project
98-18 or system that will become a part of another system.
98-19 (b) As determined in the bond resolution, the bonds of each
98-20 issue shall:
98-21 (1) be dated;
98-22 (2) bear interest at the rate or rates and beginning
98-23 on the dates, as authorized by law, or bear no interest;
98-24 (3) mature at the time or times, not exceeding 40
98-25 years from their date or dates; and
99-1 (4) be made redeemable before maturity at the price or
99-2 prices and under the terms provided by the bond resolution.
99-3 (c) An authority may sell the bonds at public or private
99-4 sale in the manner and for the price it determines to be in the
99-5 best interest of the authority.
99-6 (d) The proceeds of each bond issue shall be disbursed in
99-7 the manner and under the restrictions, if any, the authority
99-8 provides in the bond resolution.
99-9 (e) Additional bonds may be issued in the same manner to pay
99-10 the costs of a turnpike project or system. Unless otherwise
99-11 provided in the bond resolution, the additional bonds shall be on a
99-12 parity, without preference or priority, with bonds previously
99-13 issued and payable from the revenue of the turnpike project or
99-14 system. In addition, an authority may issue bonds for a turnpike
99-15 project or system secured by a lien on the revenue of the turnpike
99-16 project or system subordinate to the lien on the revenue securing
99-17 other bonds issued for the turnpike project or system.
99-18 (f) If the proceeds of a bond issue exceed the cost of the
99-19 turnpike project or system for which the bonds were issued, the
99-20 surplus shall be segregated from the other money of the authority
99-21 and used only for the purposes specified in the bond resolution.
99-22 (g) Bonds issued and delivered under this chapter and
99-23 interest coupons on the bonds are a security under Chapter 8,
99-24 Business & Commerce Code.
99-25 (h) Bonds issued under this chapter and income from the
100-1 bonds, including any profit made on the sale or transfer of the
100-2 bonds, are exempt from taxation in this state.
100-3 Sec. 366.112. INTERIM BONDS. (a) An authority may, before
100-4 issuing definitive bonds, issue interim bonds, with or without
100-5 coupons, exchangeable for definitive bonds.
100-6 (b) The interim bonds may be authorized and issued in
100-7 accordance with this chapter, without regard to the requirements,
100-8 restrictions, or procedural provisions contained in any other law.
100-9 (c) A bond resolution authorizing interim bonds may provide
100-10 that the interim bonds recite that the bonds are issued under this
100-11 chapter. The recital is conclusive evidence of the validity and
100-12 the regularity of the bonds' issuance.
100-13 Sec. 366.113. PAYMENT OF BONDS; STATE AND COUNTY CREDIT NOT
100-14 PLEDGED. (a) The principal of, interest on, and any redemption
100-15 premium on bonds issued by an authority are payable solely from:
100-16 (1) the revenue of the turnpike project or system for
100-17 which the bonds are issued, including tolls pledged to pay the
100-18 bonds;
100-19 (2) payments made under an agreement with the
100-20 commission or a local governmental entity as provided by Subchapter
100-21 G;
100-22 (3) money derived from any other source available to
100-23 the authority, other than money derived from a turnpike project
100-24 that is not part of the same system or money derived from a
100-25 different system, except to the extent that the surplus revenue of
101-1 a turnpike project or system has been pledged for that purpose; and
101-2 (4) amounts received under a credit agreement relating
101-3 to the turnpike project or system for which the bonds are issued.
101-4 (b) Bonds issued under this chapter do not constitute a debt
101-5 of the state or any of the counties of an authority or a pledge of
101-6 the faith and credit of the state or any of the counties. Each
101-7 bond must contain on its face a statement to the effect that the
101-8 state, the authority, and the counties of the authority are not
101-9 obligated to pay the bond or the interest on the bond from a source
101-10 other than the amount pledged to pay the bond and the interest on
101-11 the bond, and neither the faith and credit and taxing power of the
101-12 state or the counties of the authority are pledged to the payment
101-13 of the principal of or interest on the bond.
101-14 (c) An authority may not incur financial obligations that
101-15 cannot be paid from revenue derived from owning or operating the
101-16 authority's turnpike projects and systems or from other revenue
101-17 provided by law.
101-18 Sec. 366.114. EFFECT OF LIEN. (a) A lien on or a pledge of
101-19 revenue from a turnpike project or system under this chapter or on
101-20 a reserve, replacement, or other fund established in connection
101-21 with a bond issued under this chapter:
101-22 (1) is enforceable at the time of payment for and
101-23 delivery of the bond;
101-24 (2) applies to an item on hand or subsequently
101-25 received;
102-1 (3) applies without physical delivery of an item or
102-2 other act; and
102-3 (4) is enforceable against any person having any
102-4 claim, in tort, contract, or other remedy, against the applicable
102-5 authority without regard to whether the person has notice of the
102-6 lien or pledge.
102-7 (b) A bond resolution is not required to be recorded except
102-8 in the regular records of the authority.
102-9 Sec. 366.115. BOND INDENTURE. (a) Bonds issued under this
102-10 chapter may be secured by a bond indenture between the authority
102-11 and a corporate trustee that is a trust company or a bank that has
102-12 the powers of a trust company.
102-13 (b) A bond indenture may pledge or assign the tolls and
102-14 other revenue to be received but may not convey or mortgage any
102-15 part of a turnpike project or system.
102-16 (c) A bond indenture may:
102-17 (1) set forth the rights and remedies of the
102-18 bondholders and the trustee;
102-19 (2) restrict the individual right of action by
102-20 bondholders as is customary in trust agreements or indentures of
102-21 trust securing corporate bonds and debentures; and
102-22 (3) contain provisions the authority determines
102-23 reasonable and proper for the security of the bondholders,
102-24 including covenants:
102-25 (A) establishing the authority's duties relating
103-1 to:
103-2 (i) the acquisition of property;
103-3 (ii) the construction, maintenance,
103-4 operation, and repair of and insurance for a turnpike project or
103-5 system; and
103-6 (iii) custody, safeguarding, and
103-7 application of money;
103-8 (B) prescribing events that constitute default;
103-9 (C) prescribing terms on which any or all of the
103-10 bonds become or may be declared due before maturity; and
103-11 (D) relating to the rights, powers, liabilities,
103-12 or duties that arise on the breach of an authority's duty.
103-13 (d) The expenses incurred in carrying out a trust agreement
103-14 may be treated as part of the cost of operating the turnpike
103-15 project.
103-16 (e) In addition to all other rights by mandamus or other
103-17 court proceeding, an owner or trustee of a bond issued under this
103-18 chapter may enforce the owner's rights against an issuing
103-19 authority, the authority's employees, the authority's board, or an
103-20 agent or employee of the authority's board and is entitled to:
103-21 (1) require the authority and the board to impose and
103-22 collect tolls, charges, and other revenue sufficient to carry out
103-23 any agreement contained in the bond proceedings; and
103-24 (2) apply for and obtain the appointment of a receiver
103-25 for the turnpike project or system.
104-1 Sec. 366.116. APPROVAL OF BONDS BY ATTORNEY GENERAL.
104-2 (a) An authority shall submit to the attorney general for
104-3 examination a transcript of proceedings relating to bonds
104-4 authorized under this chapter. The transcript shall include the
104-5 bond proceedings and any contract securing or providing revenue for
104-6 the payment of the bonds.
104-7 (b) If the attorney general determines that the bonds, the
104-8 bond proceedings, and any supporting contract are authorized by
104-9 law, the attorney general shall approve the bonds and deliver to
104-10 the comptroller:
104-11 (1) a copy of the legal opinion of the attorney
104-12 general stating the approval; and
104-13 (2) the record of proceedings relating to the
104-14 authorization of the bonds.
104-15 (c) On receipt of the legal opinion of the attorney general
104-16 and the record of proceedings relating to the authorization of the
104-17 bonds, the comptroller shall register the record of proceedings.
104-18 (d) After approval by the attorney general, the bonds, the
104-19 bond proceedings, and any supporting contract are valid,
104-20 enforceable, and incontestable in any court or other forum for any
104-21 reason and are binding obligations according to their terms for all
104-22 purposes.
104-23 Sec. 366.117. FURNISHING OF INDEMNIFYING BONDS OR PLEDGES OF
104-24 SECURITIES. (a) A bank or trust company incorporated under the
104-25 laws of this state that acts as depository of the proceeds of bonds
105-1 or of revenue may furnish indemnifying bonds or pledge securities
105-2 that an authority requires.
105-3 (b) Bonds of an authority may secure the deposit of public
105-4 money of the state or a political subdivision of the state to the
105-5 extent of the lesser of the face value of the bonds or their market
105-6 value.
105-7 Sec. 366.118. APPLICABILITY OF OTHER LAW; CONFLICTS. All
105-8 laws affecting the issuance of bonds by local governmental
105-9 entities, including Chapter 656, Acts of the 68th Legislature,
105-10 Regular Session, 1983 (Article 717q, Vernon's Texas Civil
105-11 Statutes), Chapter 3, Acts of the 61st Legislature, Regular
105-12 Session, 1969 (Article 717k-2, Vernon's Texas Civil Statutes), the
105-13 Bond Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil
105-14 Statutes), and Chapter 53, Acts of the 70th Legislature, 2nd Called
105-15 Session, 1987 (Article 717k-8, Vernon's Texas Civil Statutes),
105-16 apply to bonds issued under this chapter. To the extent of a
105-17 conflict between those laws and this chapter, the provisions of
105-18 this chapter prevail.
105-19 (Sections 366.119-366.160 reserved for expansion
105-20 SUBCHAPTER E. ACQUISITION, CONSTRUCTION, AND OPERATION
105-21 OF TURNPIKE PROJECTS
105-22 Sec. 366.161. TURNPIKE PROJECTS EXTENDING INTO OTHER
105-23 COUNTIES. An authority may acquire, construct, operate, maintain,
105-24 expand, or extend a turnpike project in:
105-25 (1) a county that is a part of the authority;
106-1 (2) a county in which the authority operates or is
106-2 constructing a turnpike project if the turnpike project in the
106-3 affected county is a continuation of the authority's turnpike
106-4 project or system extending from an adjacent county; or
106-5 (3) a county in which the authority operates or is
106-6 constructing a turnpike project that is not a continuation of the
106-7 authority's turnpike project or system if the commissioners court
106-8 of the county and the commission have approved the project.
106-9 Sec. 366.162. POWERS AND PROCEDURES OF AUTHORITY IN
106-10 ACQUIRING PROPERTY. (a) An authority may construct or improve a
106-11 turnpike project on real property, including a right-of-way
106-12 acquired by the authority or provided to the authority for that
106-13 purpose by the commission, a political subdivision of this state,
106-14 or any other local governmental entity.
106-15 (b) Except as provided by this chapter, an authority has the
106-16 same powers and may use the same procedures as the commission in
106-17 acquiring property.
106-18 Sec. 366.163. ACQUISITION OF PROPERTY. (a) An authority
106-19 may acquire in the name of the authority public or private real and
106-20 other property it determines necessary or convenient for the
106-21 design, financing, construction, operation, maintenance, expansion,
106-22 or extension of a turnpike project or for otherwise carrying out
106-23 this chapter.
106-24 (b) The property an authority may acquire under this
106-25 subchapter includes all or any portion of, and rights in and to:
107-1 (1) public or private land, streets, alleys,
107-2 rights-of-way, parks, playgrounds, and reservations;
107-3 (2) franchises;
107-4 (3) easements;
107-5 (4) licenses; and
107-6 (5) other interests in real and other property.
107-7 (c) An authority may acquire real property by any method,
107-8 including purchase and condemnation. An authority may purchase
107-9 public or private real property on the terms and at the price the
107-10 authority and the property owner consider reasonable.
107-11 (d) Covenants, conditions, restrictions, or limitations
107-12 affecting property acquired in any manner by the authority are not
107-13 binding against the authority and do not impair the authority's
107-14 ability to use the property for a purpose authorized by this
107-15 chapter. The beneficiaries of the covenants, conditions,
107-16 restrictions, or limitations are not entitled to enjoin the
107-17 authority from using the property for a purpose authorized under
107-18 this chapter, but this section does not affect the right of a
107-19 person to seek damages to the person's property under Section 17,
107-20 Article I, Texas Constitution.
107-21 Sec. 366.164. RIGHT OF ENTRY. (a) To acquire property
107-22 necessary or useful in connection with a turnpike project, an
107-23 authority may enter any real property, water, or premises to make a
107-24 survey, geotechnical evaluation, sounding, or examination.
107-25 (b) An entry under Subsection (a) is not:
108-1 (1) a trespass; or
108-2 (2) an entry under a pending condemnation proceeding.
108-3 Sec. 366.165. CONDEMNATION OF REAL PROPERTY. (a) Subject
108-4 to Subsection (c), an authority may acquire public or private real
108-5 property in the name of the authority by the exercise of the power
108-6 of condemnation under the laws applicable to the exercise of that
108-7 power on property for public use if:
108-8 (1) the authority and the property owner cannot agree
108-9 on a reasonable price for the property; or
108-10 (2) the property owner is legally incapacitated,
108-11 absent, unknown, or unable to convey title.
108-12 (b) An authority may condemn real property that the
108-13 authority determines is:
108-14 (1) necessary or appropriate to construct or to
108-15 efficiently operate a turnpike project;
108-16 (2) necessary to restore public or private property
108-17 damaged or destroyed;
108-18 (3) necessary for access, approach, and interchange
108-19 roads;
108-20 (4) necessary for supplemental facilities of the
108-21 authority;
108-22 (5) necessary to provide proper drainage and ground
108-23 slope for a turnpike project; or
108-24 (6) necessary otherwise to implement this chapter.
108-25 (c) An authority's acquisition of any real or other property
109-1 of the commission under this section or any other section of this
109-2 chapter, or an authority's relocation, rerouting, disruption, or
109-3 alteration of any facility of the commission is considered a
109-4 conversion of a state highway under Section 366.035 and is subject
109-5 to all requirements and approvals of a conversion under that
109-6 section.
109-7 Sec. 366.166. DECLARATION OF TAKING. (a) An authority may
109-8 file a declaration of taking with the clerk of the court:
109-9 (1) in which the authority files a condemnation
109-10 petition under Chapter 21, Property Code; or
109-11 (2) to which the case is assigned.
109-12 (b) An authority may file the declaration of taking
109-13 concurrently with or subsequent to the petition, but may not file
109-14 the declaration after the special commissioners have made an award
109-15 in the condemnation proceeding.
109-16 (c) The declaration of taking must include:
109-17 (1) a specific reference to the legislative authority
109-18 for the condemnation;
109-19 (2) a description and plot plan of the real property
109-20 to be condemned, including the following information if applicable:
109-21 (A) the municipality in which the property is
109-22 located;
109-23 (B) the street address of the property; and
109-24 (C) the lot and block number of the property;
109-25 (3) a statement of the property interest to be
110-1 condemned;
110-2 (4) the name and address of each property owner that
110-3 the authority can obtain after reasonable investigation and a
110-4 description of the owner's interest in the property; and
110-5 (5) a statement that immediate possession of all or
110-6 part of the property to be condemned is necessary for the timely
110-7 construction of a turnpike project.
110-8 (d) A deposit to the registry of the court of an amount
110-9 equal to the appraised fair market value, as determined by the
110-10 authority, of the property to be condemned and any damages to the
110-11 remainder must accompany the declaration of taking.
110-12 (e) Instead of the deposit under Subsection (d), at its
110-13 option, the authority may, concurrently with the declaration of a
110-14 taking, tender in favor of the owner of the subject property a bond
110-15 or other security in an amount sufficient to secure the owner for
110-16 the value of the property taken and damages to remaining property,
110-17 if the authority obtains the court's approval.
110-18 (f) The date on which the declaration is filed is the date
110-19 of taking for the purpose of assessing the value of the property
110-20 taken and damages to any remaining property to which an owner is
110-21 entitled.
110-22 (g) An owner may draw upon the deposit held by the court
110-23 under Subsection (d) on the same terms and conditions as are
110-24 applicable under state law to a property owner's withdrawal of a
110-25 commissioners' award deposited under Section 21.021(a)(1), Property
111-1 Code.
111-2 (h) A property owner that is a defendant in an eminent
111-3 domain action filed by an authority under this chapter has 20 days
111-4 after the date of service of process of both a condemnation
111-5 petition and a notice of declaration of taking to give notice to
111-6 the court in which the action is pending of the defendant's desire
111-7 to have the condemnation petition placed on the court's docket in
111-8 the same manner as other cases pending in the court. On receipt of
111-9 timely notice from the defendant, the court in which the eminent
111-10 domain action is pending shall place the case on its docket in the
111-11 same manner as other cases pending in the court.
111-12 Sec. 366.167. POSSESSION OF PROPERTY. (a) Immediately on
111-13 the filing of a declaration of taking, an authority shall serve a
111-14 copy of the declaration on each person possessing an interest in
111-15 the condemned property by a method prescribed by Section 21.016(d),
111-16 Property Code. The authority shall file evidence of the service
111-17 with the clerk of the court. On filing of that evidence, the
111-18 authority may take possession of the property on the same terms as
111-19 if a commissioners hearing had been conducted, pending the
111-20 litigation.
111-21 (b) If the condemned property is a homestead or a portion of
111-22 a homestead as defined by Section 41.002, Property Code, an
111-23 authority may not take possession before the 31st day after the
111-24 date of service under Subsection (a).
111-25 (c) A property owner or tenant who refuses to vacate the
112-1 property or yield possession is subject to forcible entry and
112-2 detainer under Chapter 24, Property Code.
112-3 Sec. 366.168. SEVERANCE OF REAL PROPERTY. (a) If an
112-4 authority's turnpike project severs a property owner's real
112-5 property, the authority shall pay:
112-6 (1) the value of the property acquired; and
112-7 (2) the damages, if any, to the remainder of the
112-8 owner's property caused by the severance, including damages caused
112-9 by the inaccessibility of one tract from the other.
112-10 (b) At its option, an authority may negotiate for and
112-11 purchase the severed real property or any part of the severed real
112-12 property if the authority and the property owner agree on terms for
112-13 the purchase. An authority may sell and dispose of severed real
112-14 property that it determines is not necessary or useful to the
112-15 authority. Severed property must be appraised before being offered
112-16 for sale by an authority.
112-17 Sec. 366.169. ACQUISITION OF RIGHTS IN PUBLIC REAL PROPERTY.
112-18 (a) An authority may use real property, including submerged land,
112-19 streets, alleys, and easements, owned by the state or a local
112-20 governmental entity that the authority considers necessary for the
112-21 construction or operation of a turnpike project.
112-22 (b) The state or a local governmental entity having charge
112-23 of public real property may consent to the use of the property for
112-24 a turnpike project.
112-25 (c) Except as provided by Section 366.035, the state or a
113-1 local governmental entity may convey, grant, or lease to an
113-2 authority real property, including highways and other real property
113-3 already devoted to public use and rights or easements in real
113-4 property, that may be necessary or convenient to accomplish the
113-5 authority's purposes, including the construction or operation of a
113-6 turnpike project. A conveyance, grant, or lease under this section
113-7 may be made without advertising, court order, or other action other
113-8 than the normal action of the state or local governmental entity
113-9 necessary for a conveyance, grant, or lease.
113-10 (d) This section does not deprive the School Land Board of
113-11 the power to execute leases for the development of oil, gas, and
113-12 other minerals on state-owned real property adjoining a turnpike
113-13 project or in tidewater limits. The leases may provide for
113-14 directional drilling from the adjoining property or tidewater area.
113-15 Sec. 366.170. COMPENSATION FOR AND RESTORATION OF PUBLIC
113-16 PROPERTY. (a) Except as provided by Section 366.035 or Section
113-17 366.165(c), an authority may not pay compensation for public real
113-18 property, parkways, streets, highways, alleys, or reservations it
113-19 takes, except for parks and playgrounds or as provided by this
113-20 chapter.
113-21 (b) Public property damaged in the exercise of powers
113-22 granted by this chapter shall be restored or repaired and placed in
113-23 its original condition as nearly as practicable.
113-24 (c) An authority has full easements and rights-of-way
113-25 through, across, under, and over any property owned by the state or
114-1 any local governmental entity that are necessary or convenient to
114-2 construct, acquire, or efficiently operate a turnpike project or
114-3 system under this chapter.
114-4 Sec. 366.171. PUBLIC UTILITY FACILITIES. (a) An authority
114-5 may adopt rules for the installation, construction, operation,
114-6 maintenance, repair, renewal, relocation, and removal of a public
114-7 utility facility in, on, along, over, or under a turnpike project.
114-8 (b) If an authority determines it is necessary that a public
114-9 utility facility located in, on, along, over, or under a turnpike
114-10 project be relocated in the turnpike project, removed from the
114-11 turnpike project, or carried along or across the turnpike project
114-12 by grade separation, the owner or operator of the utility facility
114-13 shall relocate or remove the facility in accordance with the
114-14 requirements of the authority and in a manner that does not impede
114-15 the design, financing, construction, operation, or maintenance of
114-16 the turnpike project. The authority, as a part of the cost of the
114-17 turnpike project or the cost of operating the turnpike project,
114-18 shall pay the cost of the relocation, removal, or grade separation,
114-19 including the cost of:
114-20 (1) installation of the facility in a new location;
114-21 (2) interests in real property and other rights
114-22 acquired to accomplish the relocation or removal; and
114-23 (3) maintenance of grade separation structures.
114-24 (c) The authority may reduce the total costs to be paid by
114-25 the authority under Subsection (b) by 10 percent for each 30-day
115-1 period or portion of a 30-day period by which the relocation
115-2 exceeds the limit specified by the authority. If an owner or
115-3 operator of a public utility facility does not timely remove or
115-4 relocate as required under Subsection (b), the authority may do so
115-5 at the expense of the public utility. If the authority determines
115-6 that a delay in relocation is the result of circumstances beyond
115-7 the control of the utility, full costs shall be paid by the
115-8 authority.
115-9 (d) Chapter 228, Acts of the 51st Legislature, Regular
115-10 Session, 1949 (Article 1436a, Vernon's Texas Civil Statutes),
115-11 applies to the erection, construction, maintenance, and operation
115-12 of lines and poles owned by a corporation described by Section 1 of
115-13 that Act over, under, across, on, and along a turnpike project or
115-14 system constructed by an authority. An authority has the powers
115-15 and duties delegated to the commissioners court by that Act, and an
115-16 authority has exclusive jurisdiction and control of utilities
115-17 located in its rights-of-way.
115-18 (e) The laws of this state applicable to the use of public
115-19 roads, streets, and waters by a telephone and telegraph corporation
115-20 apply to the erection, construction, maintenance, location, and
115-21 operation of a line, pole, or other fixture by a telephone and
115-22 telegraph corporation over, under, across, on, and along a turnpike
115-23 project or system constructed by an authority under this chapter.
115-24 (f) In this section "public utility facility" means a track,
115-25 pipe, main, conduit, cable, wire, tower, pole, or other item of
116-1 plant or equipment or an appliance of a public utility or other
116-2 person.
116-3 Sec. 366.172. LEASE, SALE, OR CONVEYANCE OF TURNPIKE
116-4 PROJECT. (a) An authority may lease, sell, or convey in another
116-5 manner a turnpike project to the department, a county, or a local
116-6 government corporation created under Chapter 431.
116-7 (b) An agreement to lease, sell, or convey a turnpike
116-8 project under this section must provide for the discharge and final
116-9 payment or redemption of the authority's outstanding bonded
116-10 indebtedness for the turnpike project and must not be prohibited
116-11 under the bond proceedings applicable to the system, if any, of
116-12 which the turnpike project is a part.
116-13 Sec. 366.173. REVENUE. (a) An authority may:
116-14 (1) impose tolls for the use of each of its turnpike
116-15 projects and systems and the different parts or sections of each of
116-16 its turnpike projects and systems; and
116-17 (2) contract with a person for the use of part of a
116-18 turnpike project or system or lease or sell part of a turnpike
116-19 project or system, including the right-of-way adjoining the paved
116-20 portion, for any purpose, including placing on the adjoining
116-21 right-of-way a gas station, garage, store, hotel, restaurant,
116-22 parking facility, railroad track, billboard, livestock pasturage,
116-23 telephone line or facility, telecommunication line or facility,
116-24 data transmission line or facility, and electric line or facility,
116-25 under terms set by the authority.
117-1 (b) Tolls must be set so that the aggregate of tolls from an
117-2 authority's turnpike project or system, together with other revenue
117-3 of the turnpike project or system:
117-4 (1) provides revenue sufficient to pay:
117-5 (A) the cost of maintaining, repairing, and
117-6 operating the turnpike project or system; and
117-7 (B) the principal of and interest on the bonds
117-8 issued for the turnpike project or system as those bonds become due
117-9 and payable; and
117-10 (2) creates reserves for a purpose listed under
117-11 Subdivision (1).
117-12 (c) Tolls are not subject to supervision or regulation by
117-13 any state agency or other local governmental entity.
117-14 (d) Tolls and other revenue derived from a turnpike project
117-15 or system for which bonds are issued, except the part necessary to
117-16 pay the cost of maintenance, repair, and operation and to provide
117-17 reserves for those costs as may be provided in the bond
117-18 proceedings, shall be set aside at regular intervals as may be
117-19 provided in the bond resolution or trust agreement in a sinking
117-20 fund that is pledged to and charged with the payment of:
117-21 (1) interest on the bonds as it becomes due;
117-22 (2) principal of the bonds as it becomes due;
117-23 (3) necessary charges of paying agents for paying
117-24 principal and interest; and
117-25 (4) the redemption price or the purchase price of
118-1 bonds retired by call or purchase as provided by the bond
118-2 proceedings.
118-3 (e) Use and disposition of money to the credit of the
118-4 sinking fund is subject to the bond proceedings.
118-5 (f) To the extent permitted under the applicable bond
118-6 proceedings, revenue from one turnpike project of an authority may
118-7 be used to pay the cost of other turnpike projects of the
118-8 authority.
118-9 (g) An authority may not use revenue from its turnpike
118-10 projects in a manner not authorized by this chapter. Revenue
118-11 generated from a turnpike project may not be applied for a purpose
118-12 or to pay a cost other than a cost or purpose that is reasonably
118-13 related to or anticipated for a turnpike project.
118-14 Sec. 366.174. AUTHORITY REVOLVING FUND. (a) An authority
118-15 may maintain a revolving fund to be held in trust by a banking
118-16 institution chosen by the authority separate from any other funds
118-17 and administered by the authority's board.
118-18 (b) An authority may transfer into its revolving fund money
118-19 from any permissible source, including:
118-20 (1) money from a turnpike project if the transfer does
118-21 not diminish the money available for the project or the system, if
118-22 any, of which it is a part to less than an amount required to be
118-23 retained by the bond proceedings pertaining to the project or
118-24 system;
118-25 (2) money received by the authority from any source
119-1 and not otherwise committed, including money from the transfer of a
119-2 turnpike project or system or sale of authority assets;
119-3 (3) advances authorized under Section 52-b, Article
119-4 III, Texas Constitution; and
119-5 (4) contributions, loans, grants, or assistance from
119-6 the United States, another state, a political subdivision of this
119-7 state, a foreign governmental entity, including the United Mexican
119-8 States or a state of the United Mexican States, a local
119-9 governmental entity, any private enterprise, or any person.
119-10 (c) The authority may use money in the revolving fund to:
119-11 (1) finance the acquisition, construction,
119-12 maintenance, or operation of a turnpike project or system,
119-13 including the extension, expansion, or improvement of a project or
119-14 system;
119-15 (2) provide matching money required in connection with
119-16 any federal, state, local, or private aid, grant, or other funding,
119-17 including aid or funding by or with public-private partnerships;
119-18 (3) provide credit enhancement either directly or
119-19 indirectly for bonds issued to acquire, construct, extend, expand,
119-20 or improve a turnpike project or system;
119-21 (4) provide security for or payment of future or
119-22 existing debt for the design, acquisition, construction, operation,
119-23 maintenance, extension, expansion, or improvement of a turnpike
119-24 project or system;
119-25 (5) borrow money and issue promissory notes or other
120-1 indebtedness payable out of the revolving fund for any purpose
120-2 authorized by this chapter; and
120-3 (6) provide for any other reasonable purpose that
120-4 assists in the financing of an authority as authorized by this
120-5 chapter.
120-6 (d) Money spent or advanced from the revolving fund for a
120-7 turnpike project or system must be reimbursed from the money of
120-8 that turnpike project or system, and there must be a reasonable
120-9 expectation of such repayment at the time of authorization.
120-10 Sec. 366.175. USE OF SURPLUS REVENUE. The board of an
120-11 authority may by resolution authorize the use of surplus revenue of
120-12 a turnpike project or system to pay the costs of another turnpike
120-13 project or system other than a project financed under Subchapter G.
120-14 The board may in the resolution prescribe terms for the use of the
120-15 revenue, including the pledge of the revenue, but may not take an
120-16 action under this section that violates, impairs, or is
120-17 inconsistent with a bond resolution, trust agreement, or indenture
120-18 governing the use of the surplus revenue.
120-19 Sec. 366.176. EXEMPTION FROM TAXATION OR ASSESSMENT.
120-20 (a) An authority is exempt from taxation of or assessments on:
120-21 (1) a turnpike project or system;
120-22 (2) property the authority acquires or uses under this
120-23 chapter; or
120-24 (3) income from property described by Subdivision (1)
120-25 or (2).
121-1 (b) An authority is exempt from payment of development fees,
121-2 utility connection fees, assessments, and service fees imposed or
121-3 assessed by a county, municipality, road and utility district,
121-4 river authority, any other state or local governmental entity, or
121-5 any property owners' or homeowners' association.
121-6 Sec. 366.177. ACTIONS AFFECTING EXISTING ROADS. (a) An
121-7 authority may impose a toll for transit over an existing free road,
121-8 street, or public highway transferred to the authority under this
121-9 chapter.
121-10 (b) An authority may construct a grade separation at an
121-11 intersection of a turnpike project with a railroad or highway and
121-12 change the line or grade of a highway to accommodate the design of
121-13 the grade separation. The action may not affect a segment of the
121-14 state highway system without the department's consent. The
121-15 authority shall pay the cost of a grade separation and any damage
121-16 incurred in changing a line or grade of a railroad or highway as
121-17 part of the cost of the turnpike project.
121-18 (c) If feasible, an authority shall provide access to
121-19 properties previously abutting a county or other public road that
121-20 is taken for a turnpike project and shall pay abutting property
121-21 owners the expenses or any resulting damages for a denial of access
121-22 to the road.
121-23 Sec. 366.178. FAILURE OR REFUSAL TO PAY TOLL. (a) A motor
121-24 vehicle other than a police or emergency vehicle that passes
121-25 through a toll collection facility, whether driven or towed, shall
122-1 pay the proper toll.
122-2 (b) A person who fails or refuses to pay a toll provided for
122-3 the use of a project is liable for a fine not to exceed $250, plus
122-4 an administrative fee incurred in connection with the violation.
122-5 (c) If a person fails to pay the proper toll:
122-6 (1) on issuance of a notice of nonpayment, the
122-7 registered owner of the nonpaying vehicle shall pay both the proper
122-8 toll and the administrative fee; and
122-9 (2) an authority may charge an administrative fee of
122-10 not more than $100 to recover the cost of collecting the unpaid
122-11 toll.
122-12 (d) Notice of nonpayment under Subsection (c)(1) shall be
122-13 sent by first-class mail and may not require payment of the proper
122-14 toll and the administrative fee before the 30th day after the date
122-15 the notice is mailed. The registered owner shall pay a separate
122-16 toll and administrative fee for each nonpayment.
122-17 (e) If the registered owner of the vehicle fails to pay the
122-18 proper toll and administrative fee in the time specified by the
122-19 notice, the owner shall be cited as for other traffic violations as
122-20 provided by law, and the owner shall pay a fine of not more than
122-21 $250 for each nonpayment.
122-22 (f) In the prosecution of a violation for nonpayment, proof
122-23 that the vehicle passed through a toll collection facility without
122-24 payment of the proper toll together with proof that the defendant
122-25 was the registered owner or the driver of the vehicle when the
123-1 failure to pay occurred, establishes the nonpayment of the
123-2 registered owner. The proof may be by testimony of a peace officer
123-3 or authority employee, video surveillance, or any other reasonable
123-4 evidence.
123-5 (g) The court of the local jurisdiction in which the
123-6 violation occurs may assess and collect the fine in addition to any
123-7 court costs. The court shall collect the proper toll and
123-8 administrative fee and forward the toll and fee to the authority.
123-9 (h) It is a defense to nonpayment under this section that
123-10 the motor vehicle in question was stolen before the failure to pay
123-11 the proper toll occurred and was not recovered by the time of the
123-12 failure to pay, but only if the theft was reported to the
123-13 appropriate law enforcement authority before the earlier of:
123-14 (1) the occurrence of the failure to pay; or
123-15 (2) eight hours after the discovery of the theft.
123-16 (i) A registered owner who is the lessor of a vehicle for
123-17 which a notice of nonpayment has been issued is not liable if, not
123-18 later than the 30th day after the date the notice of nonpayment is
123-19 mailed, the registered owner provides to the authority a copy of
123-20 the lease agreement covering the vehicle on the date of the
123-21 nonpayment. The name and address of the lessee must be clearly
123-22 legible. If the lessor timely provides the required information,
123-23 the lessee of the vehicle on the date of the violation is
123-24 considered to be the owner of the vehicle for purposes of this
123-25 section. The lessee is subject to prosecution for failure to pay
124-1 the proper toll if the authority sends a notice of nonpayment to
124-2 the lessee by first-class mail not later than the 30th day after
124-3 the date of the receipt of the information from the lessor.
124-4 Sec. 366.179. USE AND RETURN OF TRANSPONDERS. (a) For
124-5 purposes of this section, a transponder is a device placed on or
124-6 within an automobile that is capable of transmitting or receiving
124-7 information used to assess or collect tolls. A transponder is
124-8 insufficiently funded if there is no money in the account for which
124-9 the transponder was issued.
124-10 (b) Any law enforcement or peace officer of the Department
124-11 of Public Safety may seize a stolen or insufficiently funded
124-12 transponder and return it to the authority that issued the
124-13 transponder. An insufficiently funded transponder may not be
124-14 seized before the 30th day after the date that an authority has
124-15 sent a notice of delinquency to the holder of the account.
124-16 Sec. 366.180. CONTROLLED ACCESS TO TURNPIKE PROJECTS.
124-17 (a) An authority may designate a turnpike project or a portion of
124-18 a project as a controlled-access toll road.
124-19 (b) An authority by order may:
124-20 (1) prohibit the use of or access to or from a
124-21 turnpike project by a motor vehicle, bicycle, other vehicle, or a
124-22 pedestrian;
124-23 (2) deny access to or from:
124-24 (A) its turnpike projects;
124-25 (B) real property adjacent to its turnpike
125-1 projects; or
125-2 (C) a street, road, alley, highway, or other
125-3 public or private way intersecting its turnpike projects;
125-4 (3) designate locations on its turnpike projects at
125-5 which access to or from the toll road is permitted;
125-6 (4) control, restrict, and determine the type and
125-7 extent of access permitted at a designated location of access to
125-8 the turnpike projects; or
125-9 (5) erect appropriate protective devices to preserve
125-10 the utility, integrity, and use of its turnpike projects.
125-11 (c) Denial of access to or from a segment of the state
125-12 highway system is subject to the approval of the commission.
125-13 Sec. 366.181. PROMOTION OF TOLL ROADS. An authority may
125-14 promote the use of its turnpike projects by appropriate means,
125-15 including advertising or marketing as the authority determines
125-16 appropriate.
125-17 Sec. 366.182. OPERATION OF TURNPIKE PROJECT; PEACE OFFICERS.
125-18 (a) An authority shall operate its turnpike projects through a
125-19 force of toll-takers and other employees of the authority or
125-20 through services contracted under Subsection (b) or (c).
125-21 (b) An authority may enter into an agreement with one or
125-22 more persons to provide, on terms and conditions approved by the
125-23 authority, personnel and services to design, construct, operate,
125-24 maintain, expand, enlarge, or extend the authority's turnpike
125-25 projects.
126-1 (c) An authority may contract with any state or local
126-2 governmental entity for the services of peace officers of that
126-3 agency.
126-4 Sec. 366.183. AUDIT. An authority shall have a certified
126-5 public accountant audit the authority's books and accounts at least
126-6 annually. The cost of the audit may be treated as part of the cost
126-7 of construction or operation of a turnpike project.
126-8 Sec. 366.184. DISADVANTAGED BUSINESSES. (a) Consistent
126-9 with general law, an authority shall:
126-10 (1) set goals for the award of contracts to
126-11 disadvantaged businesses and attempt to meet the goals;
126-12 (2) attempt to identify disadvantaged businesses that
126-13 provide or have the potential to provide supplies, materials,
126-14 equipment, or services to the authority; and
126-15 (3) give disadvantaged businesses full access to the
126-16 authority's contract bidding process, inform the businesses about
126-17 the process, offer the businesses assistance concerning the
126-18 process, and identify barriers to the businesses' participation in
126-19 the process.
126-20 (b) This section does not exempt an authority from
126-21 competitive bidding requirements provided by other law.
126-22 Sec. 366.185. COMPETITIVE BIDDING. (a) A contract made by
126-23 an authority that requires the expenditures of public funds for the
126-24 construction or maintenance of a turnpike project must be let by a
126-25 competitive bidding procedure in which the contract is awarded to
127-1 the lowest responsible bidder that complies with the authority's
127-2 criteria.
127-3 (b) The authority shall adopt rules governing the award of
127-4 contracts through competitive bidding.
127-5 (Sections 366.186-366.250 reserved for expansion
127-6 SUBCHAPTER F. GOVERNANCE
127-7 Sec. 366.251. BOARD OF DIRECTORS. (a) An authority is
127-8 governed by a board of directors.
127-9 (b) The commissioners court of each county of the authority
127-10 shall appoint one director to serve on the board. The governor
127-11 shall appoint three directors to serve on the board.
127-12 (c) Directors shall be divided into two groups. To the
127-13 greatest degree possible, each group shall contain an equal number
127-14 of directors. Directors shall serve terms of two years, except
127-15 that one group of directors of the initial board of an authority
127-16 shall serve for a term of one year.
127-17 (d) Two directors appointed by the governor must have
127-18 resided in a county of the authority for at least one year before
127-19 the person's appointment. One director appointed by the governor
127-20 must have resided in a county adjacent to a county of the authority
127-21 for at least one year before the person's appointment. Each
127-22 director appointed by a commissioners court must have resided in
127-23 that county for at least one year before the person's appointment.
127-24 (e) All appointments to the board shall be made without
127-25 regard to race, color, disability, sex, religion, age, or national
128-1 origin.
128-2 (f) An elected official is not eligible to serve as a
128-3 director.
128-4 (g) A vacancy in a position shall be filled promptly by the
128-5 entity that made the appointment.
128-6 (h) Each director has equal status and may vote.
128-7 (i) The board of an authority shall select one director as
128-8 the presiding officer of the board to serve in that capacity until
128-9 the person's term as a director expires. The board shall elect one
128-10 director as assistant presiding officer. The board shall select a
128-11 secretary and treasurer, neither of whom need be a director.
128-12 (j) The vote of a majority attending a board meeting is
128-13 necessary for any action taken by the board. If a vacancy exists
128-14 on a board, the majority of directors serving on the board is a
128-15 quorum.
128-16 Sec. 366.252. CONFLICT OF INTEREST. (a) A person is not
128-17 eligible to serve on the board of an authority if the person or the
128-18 person's spouse:
128-19 (1) is registered, certified, or licensed by an
128-20 occupational regulatory agency in the field of toll road
128-21 construction, maintenance, or operation;
128-22 (2) is employed by or participates in the management
128-23 of a business entity or other organization regulated by the
128-24 authority or receiving money from the authority;
128-25 (3) owns or controls, directly or indirectly, more
129-1 than a 10 percent interest in a business entity or other
129-2 organization regulated by or receiving money from the authority,
129-3 other than compensation for acquisition of turnpike right-of-way;
129-4 (4) uses or receives a substantial amount of tangible
129-5 goods, services, or money from the authority, other than
129-6 compensation or reimbursement authorized by law for board
129-7 membership, attendance, or expenses, or for compensation for
129-8 acquisition of turnpike right-of-way;
129-9 (5) is an officer, employee, or paid consultant of a
129-10 Texas trade association in the field of road construction,
129-11 maintenance, or operation; or
129-12 (6) is required to register as a lobbyist under
129-13 Chapter 305, Government Code, because of the person's activities
129-14 for compensation on behalf of a profession related to the operation
129-15 of the authority.
129-16 (b) A person may not act as the general counsel to an
129-17 authority if the person is required to register as a lobbyist under
129-18 Chapter 305, Government Code, because of the person's activities
129-19 for compensation on behalf of a profession related to the operation
129-20 of the authority.
129-21 (c) In this section, "Texas trade association" means a
129-22 nonprofit, cooperative, and voluntarily joined association of
129-23 business or professional competitors in this state designed to
129-24 assist its members and its industry or profession in dealing with
129-25 mutual business or professional problems and in promoting their
130-1 common interests.
130-2 Sec. 366.253. SURETY BONDS. (a) Before beginning a term,
130-3 each director shall execute a surety bond in the amount of $25,000,
130-4 and the secretary and treasurer shall execute a surety bond in the
130-5 amount of $50,000.
130-6 (b) Each surety bond must be:
130-7 (1) conditioned on the faithful performance of the
130-8 duties of office;
130-9 (2) executed by a surety company authorized to
130-10 transact business in this state; and
130-11 (3) filed with the secretary of state's office.
130-12 (c) The authority shall pay the expense of the bonds.
130-13 Sec. 366.254. REMOVAL OF DIRECTOR. (a) It is a ground for
130-14 removal of a director from the board if the director:
130-15 (1) did not have at the time of appointment the
130-16 qualifications required by Section 366.251(d);
130-17 (2) whether at the time of appointment or at any time
130-18 during the director's term, is ineligible under Section 366.251(f)
130-19 or 366.252 to serve as a director;
130-20 (3) cannot discharge the director's duties for a
130-21 substantial part of the term for which the director is appointed
130-22 because of illness or disability; or
130-23 (4) is absent from more than half of the regularly
130-24 scheduled board meetings that the director is eligible to attend
130-25 during a calendar year unless the absence is excused by majority
131-1 vote of the board.
131-2 (b) The validity of an action of the board is not affected
131-3 by the fact that it is taken when a ground for removal of a
131-4 director exists.
131-5 (c) If the administrative head of the authority has
131-6 knowledge that a potential ground for removal exists, that person
131-7 shall notify the presiding officer of the board of the ground. The
131-8 presiding officer shall then notify the person that appointed the
131-9 director that a potential ground for removal exists.
131-10 Sec. 366.255. COMPENSATION OF DIRECTOR. Each director is
131-11 entitled to reimbursement for the director's actual expenses
131-12 necessarily incurred in the performance of the director's duties.
131-13 A director is not entitled to any additional compensation for the
131-14 director's services.
131-15 Sec. 366.256. EVIDENCE OF AUTHORITY ACTIONS. Actions of an
131-16 authority are the actions of its board and may be evidenced in any
131-17 legal manner, including a board resolution.
131-18 Sec. 366.257. PUBLIC ACCESS. An authority shall:
131-19 (1) make and implement policies that provide the
131-20 public with a reasonable opportunity to appear before the board to
131-21 speak on any issue under the jurisdiction of the authority; and
131-22 (2) prepare and maintain a written plan that describes
131-23 how an individual who does not speak English or who has a physical,
131-24 mental, or developmental disability may be provided reasonable
131-25 access to the authority's programs.
132-1 Sec. 366.258. INDEMNIFICATION. (a) An authority may
132-2 indemnify one or more of its directors or officers for necessary
132-3 expenses and costs, including attorney's fees, incurred by the
132-4 directors or officers in connection with any claim asserted against
132-5 the directors or officers in their respective capacities as
132-6 directors or officers.
132-7 (b) If an authority does not fully indemnify a director or
132-8 officer as provided by Subsection (a), the court in a proceeding in
132-9 which any claim against the director or officer is asserted or any
132-10 court with jurisdiction of an action instituted by the director or
132-11 officer on a claim for indemnity may assess indemnity against the
132-12 authority, its receiver, or trustee only if the court finds that,
132-13 in connection with the claim, the director or officer is not guilty
132-14 of negligence or misconduct.
132-15 (c) A court may not assess indemnity under Subsection (b)
132-16 for an amount paid by the director or officer to the authority.
132-17 (d) This section applies to a current or former director or
132-18 officer of the authority.
132-19 Sec. 366.259. PURCHASE OF LIABILITY INSURANCE. (a) An
132-20 authority shall insure its officers and employees from liability
132-21 arising from the use, operation, or maintenance of equipment that
132-22 is used or may be used in connection with the laying out,
132-23 construction, or maintenance of the authority's turnpike projects.
132-24 (b) Insurance coverage under this section must be provided
132-25 by the purchase of a policy of liability insurance from a reliable
133-1 insurance company authorized to do business in this state. The
133-2 form of the policy must be approved by the commissioner of
133-3 insurance.
133-4 (c) This section is not a waiver of immunity of the
133-5 authority or the counties in an authority from liability for the
133-6 torts or negligence of an officer or employee of an authority.
133-7 (d) In this section, "equipment" includes an automobile,
133-8 motor truck, trailer, aircraft, motor grader, roller, tractor,
133-9 tractor power mower, and other power equipment.
133-10 Sec. 366.260. CERTAIN CONTRACTS AND SALES PROHIBITED.
133-11 (a) A director, agent, or employee of an authority may not:
133-12 (1) contract with the authority; or
133-13 (2) be directly or indirectly interested in:
133-14 (A) a contract with the authority; or
133-15 (B) the sale of property to the authority.
133-16 (b) A person who violates Subsection (a) is liable for a
133-17 civil penalty to the authority not to exceed $1,000.
133-18 (c) Subsection (a) does not apply to the sale of turnpike
133-19 right-of-way to an authority.
133-20 Sec. 366.261. STRATEGIC PLANS AND ANNUAL REPORTS. (a) An
133-21 authority shall make a strategic plan for its operations. A
133-22 majority of the commissioners courts of the counties composing the
133-23 authority shall by concurrent resolution determine the types of
133-24 information required to be included in the strategic plan. Each
133-25 even-numbered year, an authority shall issue a plan covering the
134-1 next five fiscal years, beginning with the next odd-numbered fiscal
134-2 year.
134-3 (b) Not later than March 31 of each year, an authority shall
134-4 file with the commissioners court of each county of the authority a
134-5 written report on the authority's activities describing all
134-6 turnpike revenue bond issuances anticipated for the coming year,
134-7 the financial condition of the authority, all project schedules,
134-8 and the status of the authority's performance under the most recent
134-9 strategic plan. At the invitation of a commissioners court of a
134-10 county in the authority, the board and the administrative head of
134-11 an authority shall appear before the commissioners court to present
134-12 the report and receive questions and comments.
134-13 (c) The authority shall give notice to the commissioners
134-14 court of each county of the authority not later than the 90th day
134-15 before the date of issuance of revenue bonds.
134-16 Sec. 366.262. MEETINGS BY TELEPHONE CONFERENCE CALL.
134-17 (a) Chapter 551, Government Code, does not prohibit any open or
134-18 closed meeting of the board, a committee of the board, or the
134-19 staff, or any combination of the board or staff, from being held by
134-20 telephone conference call.
134-21 (b) A telephone conference call meeting is subject to the
134-22 notice requirements applicable to other meetings.
134-23 (c) Notice of a telephone conference call meeting that by
134-24 law must be open to the public must specify the location of the
134-25 meeting. The location must be a conference room of the authority
135-1 or other facility in a county of the authority that is accessible
135-2 to the public.
135-3 (d) Each part of the telephone conference call meeting that
135-4 by law must be open to the public shall be audible to the public at
135-5 the location specified in the notice and shall be tape-recorded or
135-6 documented by written minutes. On conclusion of the meeting, the
135-7 tape recording or the written minutes of the meeting shall be made
135-8 available to the public.
135-9 (Sections 366.263-366.300 reserved for expansion
135-10 SUBCHAPTER G. AID FOR REGIONAL TURNPIKE PROJECTS
135-11 Sec. 366.301. DEPARTMENT CONTRIBUTIONS TO TURNPIKE PROJECTS.
135-12 (a) To the extent permitted by the Texas Constitution, the
135-13 department may agree with an authority to provide for or contribute
135-14 to the payment of costs of financial or engineering and traffic
135-15 feasibility studies and the design, financing, acquisition,
135-16 construction, operation, or maintenance of a turnpike project or
135-17 system on terms agreed on by the commission or department, as
135-18 applicable, and the authority. The agreement may not be
135-19 inconsistent with the rights of the bondholders or persons
135-20 operating the turnpike project under a lease or other contract.
135-21 (b) The department may use its engineering and other
135-22 personnel, including consulting engineers and traffic engineers, to
135-23 conduct feasibility studies under Subsection (a).
135-24 (c) An obligation or expense incurred by the commission or
135-25 department under this section is a part of the cost of the turnpike
136-1 project for which the obligation or expense was incurred. Money
136-2 from the state highway fund spent under this section must be repaid
136-3 from tolls or other revenue of the turnpike project or system on
136-4 which the money from the state highway fund was expended.
136-5 (d) The commission or department may use federal money for
136-6 any purpose described by this chapter.
136-7 Sec. 366.302. AGREEMENTS TO CONSTRUCT, MAINTAIN, AND OPERATE
136-8 TURNPIKE PROJECTS. (a) An authority may enter into an agreement
136-9 with a public or private entity, including a toll road corporation,
136-10 the United States, a state of the United States, the United Mexican
136-11 States, a state of the United Mexican States, a local governmental
136-12 entity, or another political subdivision, to permit the entity,
136-13 jointly with the authority, to study the feasibility of a turnpike
136-14 project or system or to acquire, design, finance, construct,
136-15 maintain, repair, operate, extend, or expand a turnpike project or
136-16 system.
136-17 (b) An authority has broad discretion to negotiate
136-18 provisions in a development agreement with a private entity. The
136-19 provisions may include provisions relating to:
136-20 (1) the design, financing, construction, maintenance,
136-21 and operation of a turnpike project or system in accordance with
136-22 standards adopted by the authority; and
136-23 (2) professional and consulting services to be
136-24 rendered under standards adopted by the authority in connection
136-25 with a turnpike project or system.
137-1 (c) An authority may not incur a financial obligation on
137-2 behalf of, or otherwise guarantee the obligations of, a private
137-3 entity that constructs, maintains, or operates a turnpike project
137-4 or system.
137-5 (d) An authority or a county in an authority is not liable
137-6 for any financial or other obligation of a turnpike project solely
137-7 because a private entity constructs, finances, or operates any part
137-8 of a turnpike project or system.
137-9 (e) An authority may authorize the investment of public and
137-10 private money, including debt and equity participation, to finance
137-11 a function described by this section.
137-12 Sec. 366.303. AGREEMENTS BETWEEN AUTHORITY AND LOCAL
137-13 GOVERNMENTAL ENTITIES. (a) A local governmental entity other than
137-14 a nonprofit corporation may, consistent with the Texas
137-15 Constitution, issue bonds or enter into and make payments under
137-16 agreements with an authority to acquire, construct, maintain, or
137-17 operate a turnpike project or system. The entity may levy and
137-18 collect taxes to pay the interest on the bonds and to provide a
137-19 sinking fund for the redemption of the bonds.
137-20 (b) In addition to the powers provided by Subsection (a), a
137-21 local governmental entity may, within any applicable constitutional
137-22 limitations, agree with an authority to issue bonds or enter into
137-23 and make payments under an agreement to acquire, construct,
137-24 maintain, or operate any portion of a turnpike project or system of
137-25 that authority.
138-1 (c) To make payments under an agreement under Subsection
138-2 (b), to pay the interest on bonds issued under Subsection (b), or
138-3 to provide a sinking fund for the bonds or the contract, a local
138-4 governmental entity may:
138-5 (1) pledge revenue from any available source,
138-6 including annual appropriations;
138-7 (2) levy and collect taxes; or
138-8 (3) provide for a combination of Subdivisions (1) and
138-9 (2).
138-10 (d) The term of an agreement under this section may not
138-11 exceed 40 years.
138-12 (e) Any election required to permit action under this
138-13 subchapter must be held in conformity with Chapter 1, Title 22,
138-14 Revised Statutes, or other law applicable to the local governmental
138-15 entity.
138-16 Sec. 366.304. ADDITIONAL AGREEMENTS OF AUTHORITY. An
138-17 authority may enter into any agreement necessary or convenient to
138-18 achieve the purposes of this subchapter.
138-19 SECTION 7.24. Subchapter F, Chapter 411, Government Code, is
138-20 amended by adding Section 411.132 to read as follows:
138-21 Sec. 411.132. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
138-22 REGIONAL TOLLWAY AUTHORITIES. (a) A regional tollway authority
138-23 governed by Chapter 366, Transportation Code, is entitled to obtain
138-24 from the department criminal history record information maintained
138-25 by the department that pertains to a person who is:
139-1 (1) employed by the regional tollway authority; or
139-2 (2) an applicant for employment with the regional
139-3 tollway authority.
139-4 (b) Criminal history record information obtained under
139-5 Subsection (a) may not be released or disclosed to any person
139-6 except in a criminal proceeding, in a hearing conducted by the
139-7 regional tollway authority, on court order, or with the consent of
139-8 the person who is the subject of the criminal history record
139-9 information.
139-10 SECTION 7.25. (a) Notwithstanding Section 366.031,
139-11 Transportation Code, as added by this Act, the North Texas Tollway
139-12 Authority is established as a regional tollway authority under
139-13 Chapter 366, Transportation Code, as added by this Act.
139-14 (b) The North Texas Tollway Authority consists of all
139-15 territory in Collin, Dallas, Denton, and Tarrant counties. The
139-16 operations of the authority may extend to other counties as
139-17 permitted under Section 366.161, Transportation Code, as added by
139-18 this Act, and the jurisdiction of the authority may be expanded to
139-19 include other counties under Section 366.031, Transportation Code,
139-20 as added by this Act. As of the effective date of this Act, Cooke,
139-21 Ellis, Fannin, Grayson, Hunt, Johnson, Kaufman, Parker, Rockwall,
139-22 and Wise counties are the only counties that meet the geographical
139-23 qualifications for future inclusion in the North Texas Tollway
139-24 Authority.
139-25 (c) Notwithstanding Section 366.251, Transportation Code, as
140-1 added by this Act, the initial board of directors of the North
140-2 Texas Tollway Authority is composed of nine directors as follows:
140-3 (1) three directors appointed by the governor, two of
140-4 whom must have resided in a county of the authority for at least
140-5 one year before the person's appointment and one of whom must have
140-6 resided in Parker County, Ellis County, or Johnson County for at
140-7 least one year before the person's appointment;
140-8 (2) one director appointed by the commissioners court
140-9 of each county in the authority; and
140-10 (3) the county judges of two of the counties of the
140-11 authority, as agreed by a majority of the county judges of the
140-12 authority.
140-13 (d) The terms of the initial directors of the North Texas
140-14 Tollway Authority begin on September 1, 1997. The county judges
140-15 serving as initial directors shall each serve a one-year term. At
140-16 the expiration of that term, the seats held by the county judges
140-17 are not refilled, and the number of directors composing the board
140-18 is reduced to seven but may be increased if additional counties
140-19 join the authority.
140-20 (e) One of the directors of the North Texas Tollway
140-21 Authority appointed to the initial board by the governor serves a
140-22 one-year term. Each successor to that director shall be appointed
140-23 by the governor for a two-year term.
140-24 (f) The two directors appointed to the initial board of the
140-25 North Texas Tollway Authority by the commissioners courts of the
141-1 counties whose county judges serve as initial directors each serve
141-2 a one-year term. Each successor to those directors shall be
141-3 appointed for a two-year term. The remaining initial directors
141-4 serve two-year terms.
141-5 SECTION 7.26. Sections 361.003, 361.038, 361.039, 361.040,
141-6 361.041, 361.044, 361.045, 361.047, 361.048, 361.139, 361.190, and
141-7 361.284, and Subsection (e), Section 361.331, Transportation Code,
141-8 are repealed.
141-9 ARTICLE 8. TRANSITION, EFFECTIVE DATE, AND EMERGENCY
141-10 SECTION 8.01. (a) The Texas Turnpike Authority is abolished
141-11 and the Texas Turnpike Authority division of the Texas Department
141-12 of Transportation is created on the effective date of this Act.
141-13 Except as provided by Subsections (b) and (c) of this section, all
141-14 assets, rights, and obligations of the Texas Turnpike Authority are
141-15 transferred to the division.
141-16 (b) The North Texas Tollway Authority shall succeed to all
141-17 assets, rights, and other property of the Texas Turnpike Authority
141-18 located in Collin, Dallas, Denton, or Tarrant County, including all
141-19 assets and rights that relate to the Dallas North Tollway, the
141-20 Addison Airport Toll Tunnel, the President George Bush Turnpike,
141-21 the Mountain Creek Lake Bridge, all existing and proposed
141-22 extensions to those projects, the Texas Turnpike Authority
141-23 administration building, and all other facilities, improvements,
141-24 leaseholds, funds, accounts, and investments related to a project
141-25 listed in this subsection.
142-1 (c) The North Texas Tollway Authority shall assume and
142-2 become liable for all duties and obligations of the Texas Turnpike
142-3 Authority related to the assets, rights, and properties transferred
142-4 under Subsection (b) of this section, including contracts and bonds
142-5 secured by the revenues of the assets. The North Texas Tollway
142-6 Authority is obligated to comply with all the assumed obligations
142-7 to the same extent as the Texas Turnpike Authority.
142-8 (d) An employee of the Texas Turnpike Authority may elect to
142-9 become an employee of either the Texas Turnpike Authority division
142-10 of the Texas Department of Transportation or the North Texas
142-11 Tollway Authority on the effective date of this Act, subject to the
142-12 employment openings and requirements of those entities.
142-13 (e) A rule or regulation adopted by the Texas Turnpike
142-14 Authority relating to the operation of a turnpike in Collin,
142-15 Dallas, Denton, or Tarrant County before the effective date of this
142-16 Act that is not inconsistent with this Act remains in effect as a
142-17 rule or regulation of the North Texas Tollway Authority until
142-18 superseded by action of that entity.
142-19 SECTION 8.02. As additional consideration for the transfer
142-20 of the properties described in Subsection (b) of Section 8.01 of
142-21 this Act, the North Texas Tollway Authority shall pay to the Texas
142-22 Department of Transportation an amount to be agreed on by the
142-23 authority and the department not later than October 1, 1997. In
142-24 determining the amount, the authority and the department shall
142-25 ensure that following the payment, the authority is in compliance
143-1 with all bond resolutions, bond indentures, credit agreements, and
143-2 all other agreements assumed by the authority and that reserves
143-3 held by the authority as required under or in connection with the
143-4 resolutions, indentures, credit agreements, and other agreements
143-5 shall be maintained at a level consistent with the Texas Turnpike
143-6 Authority's historical practices.
143-7 SECTION 8.03. The North Texas Tollway Authority is a
143-8 successor agency to the Texas Turnpike Authority for all purposes,
143-9 including for the purpose of Section 52-b, Article III, Texas
143-10 Constitution, concerning all assets, rights, other property,
143-11 duties, and obligations transferred to the authority under
143-12 Subsection (b) of Section 8.01 of this Act. The Texas Department
143-13 of Transportation is a successor to the Texas Turnpike Authority
143-14 for all purposes concerning assets, rights, other property, duties,
143-15 and obligations not transferred to the North Texas Tollway
143-16 Authority under Subsection (b) of Section 8.01 of this Act. Any
143-17 existing agreement by and between the Texas Turnpike Authority and
143-18 the state, the Texas Transportation Commission, the Texas
143-19 Department of Transportation, the Federal Highway Administration,
143-20 the United States Department of Transportation, any other federal
143-21 or state governmental entity, or any local governmental entity that
143-22 pertains to an asset, right, or obligation transferred to the North
143-23 Texas Tollway Authority under this Act is binding on, benefits, and
143-24 is fully enforceable by and against the North Texas Tollway
143-25 Authority as successor to the Texas Turnpike Authority.
144-1 SECTION 8.04. The changes in law made by this Act in the
144-2 qualifications of members of the Texas Transportation Commission or
144-3 the Texas Motor Vehicle Commission do not affect the entitlement of
144-4 a member serving on one of those commissions before September 1,
144-5 1997, to continue to carry out the functions of the commission for
144-6 the remainder of the member's term. The changes in law apply only
144-7 to a member appointed on or after September 1, 1997. This Act does
144-8 not prohibit a person who is a member of the Texas Transportation
144-9 Commission on September 1, 1997, from being reappointed to that
144-10 commission if the person has the qualifications required for a
144-11 member under Chapter 201, Transportation Code, as amended by this
144-12 Act. This Act does not prohibit a person who is a member of the
144-13 Texas Motor Vehicle Commission on September 1, 1997, from being
144-14 reappointed to that commission if the person has the qualifications
144-15 required for a member under the Texas Motor Vehicle Commission Code
144-16 (Article 4413(36), Vernon's Texas Civil Statutes), as amended by
144-17 this Act.
144-18 SECTION 8.05. (a) The governor shall appoint the six
144-19 directors to the board of directors of the Texas Turnpike Authority
144-20 division of the Texas Department of Transportation for initial
144-21 terms as follows: two to serve terms expiring February 15, 1999,
144-22 two to serve terms expiring February 15, 2001, and two to serve
144-23 terms expiring February 15, 2003.
144-24 (b) Until a majority of the board of directors of the Texas
144-25 Turnpike Authority division of the Texas Department of
145-1 Transportation has been appointed and has qualified, the members of
145-2 the board of directors of the Texas Turnpike Authority serving
145-3 immediately before the effective date of this section shall
145-4 exercise the authority granted to the board of directors of the
145-5 Texas Turnpike Authority division of the Texas Department of
145-6 Transportation. When a majority of the members of the board of
145-7 directors of the Texas Turnpike Authority division of the Texas
145-8 Department of Transportation has been appointed and has qualified
145-9 and until all appointees have taken office, a quorum of the board
145-10 is a majority of the number of directors who have qualified.
145-11 SECTION 8.06. This Act takes effect September 1, 1997.
145-12 SECTION 8.07. The importance of this legislation and the
145-13 crowded condition of the calendars in both houses create an
145-14 emergency and an imperative public necessity that the
145-15 constitutional rule requiring bills to be read on three several
145-16 days in each house be suspended, and this rule is hereby suspended.