By Armbrister, et al. S.B. No. 370
75R9166 JD/DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Texas Department
1-3 of Transportation, the abolition of the Texas Turnpike Authority,
1-4 and the creation of regional tollway authorities.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 ARTICLE 1. TEXAS TRANSPORTATION COMMISSION; TEXAS
1-7 DEPARTMENT OF TRANSPORTATION
1-8 SECTION 1.01. Section 201.204, Transportation Code, is
1-9 amended to read as follows:
1-10 Sec. 201.204. SUNSET PROVISION. The Texas Department of
1-11 Transportation is subject to Chapter 325, Government Code (Texas
1-12 Sunset Act). Unless continued in existence as provided by that
1-13 chapter, the department is abolished September 1, 2009 [1997].
1-14 SECTION 1.02. Section 201.051(d), Transportation Code, is
1-15 amended to read as follows:
1-16 (d) Except as provided by Subsection (e), a person is not
1-17 eligible for appointment as a member of the commission if the
1-18 person or the person's spouse:
1-19 (1) is employed by or participates in the management
1-20 of a business entity or other organization that is regulated by or
1-21 receives funds from the department;
1-22 (2) directly or indirectly owns or controls more than
1-23 10 percent interest in a business entity or other organization that
1-24 is regulated by or receives funds from the department; [or]
2-1 (3) uses or receives a substantial amount of tangible
2-2 goods, services, or funds from the department, other than
2-3 compensation or reimbursement authorized by law for commission
2-4 membership, attendance, or expenses; or
2-5 (4) is registered, certified, or licensed by the
2-6 department.
2-7 SECTION 1.03. Section 201.057(c), Transportation Code, is
2-8 amended to read as follows:
2-9 (c) If the director knows that a potential ground for
2-10 removal exists, the director shall notify the commissioner of
2-11 transportation of the ground, and the commissioner shall notify the
2-12 governor and the attorney general that a potential ground for
2-13 removal exists. If the potential ground for removal relates to the
2-14 commissioner of transportation, the director shall notify another
2-15 member of the commission, who shall notify the governor and the
2-16 attorney general that a potential ground for removal exists.
2-17 SECTION 1.04. Subchapter B, Chapter 201, Transportation
2-18 Code, is amended by adding Section 201.059 to read as follows:
2-19 Sec. 201.059. TRAINING ON DEPARTMENT AND CERTAIN LAWS
2-20 RELATING TO DEPARTMENT. (a) To be eligible to take office as a
2-21 member of the commission, a person appointed to the commission must
2-22 complete at least one course of a training program that complies
2-23 with this section.
2-24 (b) The training program must provide information to the
2-25 person regarding:
2-26 (1) this subchapter;
2-27 (2) the programs operated by the department;
3-1 (3) the role and functions of the department;
3-2 (4) the rules of the department with an emphasis on
3-3 the rules that relate to disciplinary and investigatory authority;
3-4 (5) the current budget for the department;
3-5 (6) the results of the most recent formal audit of the
3-6 department;
3-7 (7) the requirements of the:
3-8 (A) open meetings law, Chapter 551, Government
3-9 Code;
3-10 (B) open records law, Chapter 552, Government
3-11 Code; and
3-12 (C) administrative procedure law, Chapter 2001,
3-13 Government Code;
3-14 (8) the requirements of the conflict of interest laws
3-15 and other laws relating to public officials; and
3-16 (9) any applicable ethics policies adopted by the
3-17 commission or the Texas Ethics Commission.
3-18 (c) A person appointed to the commission is entitled to
3-19 reimbursement for travel expenses incurred in attending the
3-20 training program, as provided by the General Appropriations Act and
3-21 as if the person were a member of the commission.
3-22 SECTION 1.05. Section 201.102, Transportation Code, is
3-23 amended to read as follows:
3-24 Sec. 201.102. SEPARATION [DEFINITION] OF RESPONSIBILITIES.
3-25 The commission shall develop and implement policies that clearly
3-26 separate the policy-making [define the respective] responsibilities
3-27 of the commission and the management responsibilities of the
4-1 director and staff of the department.
4-2 SECTION 1.06. Section 201.107(b), Transportation Code, is
4-3 amended to read as follows:
4-4 (b) The commission shall file annually with the governor and
4-5 the presiding officer of each house of the legislature a complete
4-6 and detailed written report accounting for all funds received and
4-7 disbursed by the department during the preceding fiscal year. The
4-8 report must comply with each reporting requirement applicable to
4-9 financial reporting [be in the form and filed in the time] provided
4-10 by the General Appropriations Act.
4-11 SECTION 1.07. Sections 201.402(a) and (b), Transportation
4-12 Code, are amended to read as follows:
4-13 (a) The director or the director's designee shall prepare
4-14 and maintain a written policy statement to ensure implementation of
4-15 a program of equal employment opportunity under which all personnel
4-16 transactions are made without regard to race, color, disability,
4-17 sex, religion, age, or national origin. The policy statement must
4-18 include:
4-19 (1) personnel policies, including policies relating to
4-20 recruitment, evaluation, selection, appointment, training, and
4-21 promotion of personnel that comply with Chapter 21, Labor Code;
4-22 (2) a comprehensive analysis of the department work
4-23 force that meets federal and state guidelines;
4-24 (3) procedures by which a determination can be made of
4-25 significant underuse in the department work force of all persons
4-26 for whom federal or state guidelines encourage a more equitable
4-27 balance; and
5-1 (4) reasonable methods to appropriately address the
5-2 areas of significant underuse.
5-3 (b) A policy statement prepared under Subsection (a) must
5-4 cover an annual period, be updated at least annually, be reviewed
5-5 by the Texas Commission on Human Rights for compliance with
5-6 Subsection (a)(1), and be filed with the governor's office.
5-7 SECTION 1.08. Sections 201.404(a) and (b), Transportation
5-8 Code, are amended to read as follows:
5-9 (a) The director or the director's designee shall develop an
5-10 intra-agency career ladder program that addresses opportunities for
5-11 mobility and advancement for employees in the department [covering
5-12 all full-time classified and exempt positions]. The program shall
5-13 require intra-agency posting of all [nonentry] positions
5-14 concurrently with any public posting.
5-15 (b) The director or the director's designee shall develop a
5-16 system of annual performance evaluations that are based on
5-17 documented employee performance. All merit pay for department
5-18 employees must be based on the system established under this
5-19 subsection.
5-20 SECTION 1.09. Subchapter I, Chapter 201, Transportation
5-21 Code, is amended by adding Section 201.705 to read as follows:
5-22 Sec. 201.705. PILOT PROJECT ON VEHICLE MAINTENANCE
5-23 OUTSOURCING. (a) The department shall conduct a two-year pilot
5-24 project to determine whether contracting with a private entity for
5-25 maintenance and repair services of all department vehicles would be
5-26 cost-effective.
5-27 (b) The study must be implemented in at least three of the
6-1 department's districts. The districts in which the study is
6-2 implemented must vary in geography and population.
6-3 (c) Any cost savings that result from the project shall be
6-4 deposited to the credit of the state infrastructure bank account
6-5 created under Subchapter D, Chapter 222.
6-6 (d) This section expires January 1, 2000.
6-7 SECTION 1.10. Section 201.801, Transportation Code, is
6-8 amended by amending Subsection (c) and adding Subsection (e) to
6-9 read as follows:
6-10 (c) The department shall:
6-11 (1) keep an information file about each written
6-12 complaint filed with the department that the department has the
6-13 authority to resolve; and
6-14 (2) provide the person who filed the complaint, and
6-15 each person or entity that is the subject of the complaint,
6-16 information about the department's policies and procedures relating
6-17 to complaint investigation and resolution.
6-18 (e) With regard to each complaint filed with the department,
6-19 the department shall keep the following information:
6-20 (1) the date the complaint is filed;
6-21 (2) the name of the person filing the complaint;
6-22 (3) the subject matter of the complaint;
6-23 (4) a record of each person contacted in relation to
6-24 the complaint;
6-25 (5) a summary of the results of the review or
6-26 investigation of the complaint; and
6-27 (6) if the department takes no action on the
7-1 complaint, an explanation of the reasons that no action was taken.
7-2 SECTION 1.11. Section 201.802, Transportation Code, is
7-3 amended by amending Subsection (b) and adding Subsection (c) to
7-4 read as follows:
7-5 (b) The director [department] shall prepare and maintain a
7-6 written plan that describes the manner in which a person who does
7-7 not speak English or who has a physical, mental, or developmental
7-8 disability is provided reasonable access to the department's
7-9 programs.
7-10 (c) The department shall comply with each applicable law of
7-11 the United States or this state that relates to program or facility
7-12 accessibility.
7-13 SECTION 1.12. Chapter 222, Transportation Code, is amended
7-14 by adding Subchapter D to read as follows:
7-15 SUBCHAPTER D. STATE INFRASTRUCTURE BANK
7-16 Sec. 222.071. DEFINITIONS. In this subchapter:
7-17 (1) "Bank" means the state infrastructure bank
7-18 account.
7-19 (2) "Construction" has the meaning assigned by 23
7-20 U.S.C. Section 101.
7-21 (3) "Federal act" means Section 350 of the National
7-22 Highway System Designation Act of 1995 (Pub. L. No. 104-59).
7-23 (4) "Federal-aid highway" has the meaning assigned by
7-24 23 U.S.C. Section 101.
7-25 (5) "Qualified project" includes:
7-26 (A) the construction of a federal-aid highway;
7-27 (B) a transit project under 49 U.S.C. Sections
8-1 5307, 5309, and 5311; or
8-2 (C) for the expenditure of secondary funds, a
8-3 project eligible for assistance under Title 23 or Title 49, United
8-4 States Code.
8-5 (6) "Secondary funds" includes:
8-6 (A) the repayment of a loan or other assistance
8-7 that is provided with money deposited to the credit of the bank;
8-8 (B) investment income generated by secondary
8-9 funds deposited to the credit of the bank; and
8-10 (C) any money deposited to the credit of the
8-11 bank in excess of the requirements of the federal act.
8-12 Sec. 222.072. STATE INFRASTRUCTURE BANK. (a) The state
8-13 infrastructure bank is an account in the state highway fund. The
8-14 bank is administered by the commission.
8-15 (b) Federal funds received by the state under the federal
8-16 act, state funds appropriated by the legislature, money saved as a
8-17 result of contracting with a private entity for maintenance and
8-18 repair services for department vehicles, and other money received
8-19 by the state that is eligible for deposit in the bank shall be
8-20 deposited in the bank, and may be used only for the purposes
8-21 described in this subchapter.
8-22 Sec. 222.073. PURPOSES OF INFRASTRUCTURE BANK. The
8-23 commission shall use money deposited in the bank to:
8-24 (1) encourage public and private investment in
8-25 transportation facilities, including facilities that contribute to
8-26 the multimodal and intermodal transportation capabilities of the
8-27 state; and
9-1 (2) develop financing techniques designed to:
9-2 (A) expand the availability of funding for
9-3 transportation projects and to reduce direct state costs;
9-4 (B) maximize private and local participation in
9-5 financing projects; and
9-6 (C) improve the efficiency of the state
9-7 transportation system.
9-8 Sec. 222.074. FORM OF ASSISTANCE. To further a purpose
9-9 described by Section 222.073, the commission may use money
9-10 deposited to the credit of the bank to provide financial assistance
9-11 to a public or private entity for a qualified project to:
9-12 (1) extend credit by direct loan;
9-13 (2) provide credit enhancements;
9-14 (3) serve as a capital reserve for bond or debt
9-15 instrument financing;
9-16 (4) subsidize interest rates;
9-17 (5) insure the issuance of a letter of credit or
9-18 credit instrument;
9-19 (6) finance a purchase or lease agreement in
9-20 connection with a transit project;
9-21 (7) provide security for bonds and other debt
9-22 instruments; or
9-23 (8) provide methods of leveraging money that have been
9-24 approved by the United States Secretary of Transportation and
9-25 relate to the project for which the assistance is provided.
9-26 Sec. 222.075. SEPARATE SUBACCOUNTS. The bank shall consist
9-27 of at least two separate subaccounts, a highway subaccount and a
10-1 transit subaccount.
10-2 Sec. 222.076. DEPOSIT OF REPAYMENTS; INVESTMENT INCOME. (a)
10-3 Notwithstanding any other law to the contrary:
10-4 (1) the repayment of a loan or other assistance
10-5 provided with money deposited to the credit of a subaccount in the
10-6 bank shall be deposited in that subaccount; and
10-7 (2) investment income generated by money deposited to
10-8 the credit of a subaccount in the bank shall be:
10-9 (A) credited to that subaccount;
10-10 (B) available for use in providing financial
10-11 assistance under this subchapter; and
10-12 (C) invested in United States Treasury
10-13 securities, bank deposits, or other financing instruments approved
10-14 by the United States Secretary of Transportation to earn interest
10-15 and enhance the financing of projects assisted by the bank.
10-16 (b) The commission shall administer the bank in compliance
10-17 with the federal act and any applicable federal regulation or
10-18 guideline.
10-19 (c) The commission by rule shall:
10-20 (1) implement this subchapter; and
10-21 (2) establish eligibility criteria for an entity
10-22 applying for financial assistance from the bank.
10-23 Sec. 222.077. REPORT TO LEGISLATURE. (a) Not later than
10-24 January 1, 2001, the department shall submit a report to the
10-25 legislature on the status of projects funded by the state
10-26 infrastructure bank and the use of the bank. The report must
10-27 include information about:
11-1 (1) the financial and operational status of projects
11-2 assisted by the bank;
11-3 (2) the financial condition of the bank, including
11-4 fund balances;
11-5 (3) the cumulative value of investments made; and
11-6 (4) the extent to which projects assisted by the bank
11-7 have aided the state in meeting the state's transportation needs.
11-8 (b) This section expires January 1, 2001.
11-9 SECTION 1.13. Subchapter A, Chapter 223, Transportation
11-10 Code, is amended by adding Sections 223.012 and 223.013 to read as
11-11 follows:
11-12 Sec. 223.012. CONTRACTOR PERFORMANCE. The department shall:
11-13 (1) develop a schedule for liquidated damages that
11-14 accurately reflects the costs associated with project completion
11-15 delays, including administrative and travel delays; and
11-16 (2) review contractor bidding capacity to ensure that
11-17 contractors meet each quality and timeliness standard established
11-18 by the commission.
11-19 Sec. 223.013. ELECTRONIC BIDDING SYSTEM. (a) The
11-20 department shall establish an electronic bidding system for highway
11-21 construction and maintenance contracts.
11-22 (b) The system must permit a qualified vendor to
11-23 electronically submit a bid, including any contract, signature, or
11-24 verification of a guaranty check by a financial institution.
11-25 (c) That part of Section 223.004(a) requiring a bid to be
11-26 opened at a public hearing of the commission does not apply to an
11-27 electronically submitted bid. A copy of each electronically
12-1 submitted bid shall be publicly posted.
12-2 (d) After the electronic bidding system is established, the
12-3 department shall take the actions necessary to recover the
12-4 department's costs of manually processing bids that are not
12-5 submitted electronically.
12-6 SECTION 1.14. Section 223.041, Transportation Code, is
12-7 amended by adding Subsection (d) to read as follows:
12-8 (d) If the State Council on Competitive Government
12-9 determines that the costs of providing engineering services by the
12-10 use of department employees and the use of private contractors are
12-11 equivalent, the council shall provide assistance to the department
12-12 so that the department may achieve the balance required by
12-13 Subsection (a).
12-14 SECTION 1.15. Chapter 455, Transportation Code, is amended
12-15 by adding Section 455.0015 to read as follows:
12-16 Sec. 455.0015. TRANSPORTATION NEEDS OF CLIENTS OF HEALTH AND
12-17 HUMAN SERVICES AGENCIES. In performing its public transportation
12-18 planning and funding activities, the department shall consider and
12-19 include the transportation needs of those persons who are clients
12-20 of the health and human services agencies of this state.
12-21 SECTION 1.16. Subchapter A, Chapter 153, Tax Code, is
12-22 amended by adding Section 153.018 to read as follows:
12-23 Sec. 153.018. STUDY BY TEXAS DEPARTMENT OF TRANSPORTATION.
12-24 (a) The Texas Department of Transportation, in conjunction with
12-25 the comptroller, shall conduct a study of the costs and benefits of
12-26 changing the manner in which taxes under this chapter are computed
12-27 or collected.
13-1 (b) The study must include an examination of:
13-2 (1) any effect on the tax-exempt status of
13-3 agricultural and other nonhighway users;
13-4 (2) any effect on industries or businesses;
13-5 (3) additional revenues that may result from a change;
13-6 and
13-7 (4) any administrative costs associated with the
13-8 change.
13-9 (c) Not later than January 1, 1998, the department shall
13-10 submit the results of the study to the legislature.
13-11 (d) This section expires January 1, 1998.
13-12 ARTICLE 2. OUTDOOR ADVERTISING
13-13 SECTION 2.01. Section 391.003, Transportation Code, is
13-14 amended by adding Subsection (d) to read as follows:
13-15 (d) The commission may not adopt a rule under this chapter
13-16 that restricts competitive bidding or advertising by the holder of
13-17 a license issued under this chapter other than a rule to prohibit
13-18 false, misleading, or deceptive practices. A rule to prohibit
13-19 false, misleading, or deceptive practices may not:
13-20 (1) restrict the use of:
13-21 (A) any medium for an advertisement;
13-22 (B) the license holder's advertisement under a
13-23 trade name; or
13-24 (C) the license holder's personal appearance or
13-25 voice in an advertisement, if the license holder is an individual;
13-26 or
13-27 (2) relate to the size or duration of an advertisement
14-1 by the license holder.
14-2 SECTION 2.02. Section 391.062, Transportation Code, is
14-3 amended by adding Subsection (c) to read as follows:
14-4 (c) At least 30 days before the date on which a person's
14-5 license expires, the commission shall notify the person of the
14-6 impending expiration. The notice must be in writing and sent to
14-7 the person's last known address according to the records of the
14-8 commission.
14-9 SECTION 2.03. Section 391.066(a), Transportation Code, is
14-10 amended to read as follows:
14-11 (a) The commission may revoke or suspend a license issued
14-12 under this subchapter or place on probation a license holder whose
14-13 license is suspended if the license holder violates this chapter or
14-14 a rule adopted under this chapter. If the suspension of the
14-15 license is probated, the department may require the license holder
14-16 to report regularly to the commission on any matter that is the
14-17 basis of the probation.
14-18 ARTICLE 3. TEXAS MOTOR VEHICLE COMMISSION CODE
14-19 SECTION 3.01. Section 2.02A, Texas Motor Vehicle Commission
14-20 Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
14-21 to read as follows:
14-22 Sec. 2.02A. APPOINTMENTS. Appointments to the Commission
14-23 shall be made without [with due] regard to [for] the race, color,
14-24 disability, sex, religion, or [ethnicity, gender, and] national
14-25 origin of the appointees.
14-26 SECTION 3.02. Subchapter B, Texas Motor Vehicle Commission
14-27 Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
15-1 by adding Section 2.035 to read as follows:
15-2 Sec. 2.035. TRAINING ON DEPARTMENT AND CERTAIN LAWS RELATING
15-3 TO DEPARTMENT. (a) To be eligible to take office as a member of
15-4 the Commission, a person appointed to the Commission must complete
15-5 at least one course of a training program that complies with this
15-6 section.
15-7 (b) The training program must provide information to the
15-8 person regarding:
15-9 (1) this Act;
15-10 (2) the programs operated by the department;
15-11 (3) the role and functions of the department;
15-12 (4) the rules of the department with an emphasis on
15-13 the rules that relate to disciplinary and investigatory authority;
15-14 (5) the current budget for the department;
15-15 (6) the results of the most recent formal audit of the
15-16 department;
15-17 (7) the requirements of the:
15-18 (A) open meetings law, Chapter 551, Government
15-19 Code;
15-20 (B) open records law, Chapter 552, Government
15-21 Code; and
15-22 (C) administrative procedure law, Chapter 2001,
15-23 Government Code;
15-24 (8) the requirements of the conflict of interest laws
15-25 and other laws relating to public officials; and
15-26 (9) any applicable ethics policies adopted by the
15-27 Commission or the Texas Ethics Commission.
16-1 (c) A person appointed to the Commission is entitled to
16-2 reimbursement for travel expenses incurred in attending the
16-3 training program, as provided by the General Appropriations Act and
16-4 as if the person were a member of the Commission.
16-5 SECTION 3.03. Section 2.08(b), Texas Motor Vehicle
16-6 Commission Code (Article 4413(36), Vernon's Texas Civil Statutes),
16-7 is amended to read as follows:
16-8 (b) The Commission is subject to Chapters 551 and 2001,
16-9 Government Code [the open meetings law, Chapter 271, Acts of the
16-10 60th Legislature, Regular Session, 1967, as amended (Article
16-11 6252-17, Vernon's Texas Civil Statutes)].
16-12 SECTION 3.04. Section 2.08A(c), Texas Motor Vehicle
16-13 Commission Code (Article 4413(36), Vernon's Texas Civil Statutes),
16-14 is amended to read as follows:
16-15 (c) If the Executive Director has knowledge that a potential
16-16 ground for removal exists, the Executive Director shall notify the
16-17 Chairman of the Commission of the ground. The Chairman shall then
16-18 notify the Governor and the Attorney General that a potential
16-19 ground for removal exists. If the potential ground for removal
16-20 relates to the Chairman of the Commission, the Executive Director
16-21 shall notify the Vice-chairman of the Commission, who shall notify
16-22 the Governor and the Attorney General that a potential ground for
16-23 removal exists.
16-24 SECTION 3.05. Section 2.09(e), Texas Motor Vehicle
16-25 Commission Code (Article 4413(36), Vernon's Texas Civil Statutes),
16-26 is amended to read as follows:
16-27 (e) The Executive Director shall appoint and employ such
17-1 Commission staff as are necessary to carry out the duties and
17-2 functions of the Executive Director and the Commission under this
17-3 Act. The Commission shall develop and implement policies that
17-4 clearly separate the policy-making [define the respective]
17-5 responsibilities of the Commission and the management
17-6 responsibilities of the Executive Director and staff of the
17-7 Commission.
17-8 SECTION 3.06. Section 2.10(b), Texas Motor Vehicle
17-9 Commission Code (Article 4413(36), Vernon's Texas Civil Statutes),
17-10 is amended to read as follows:
17-11 (b) The Commission shall file annually with the Governor and
17-12 the presiding officer of each house of the legislature a complete
17-13 and detailed written report accounting for all funds received and
17-14 disbursed by the Commission during the preceding fiscal year. The
17-15 annual report must comply with each reporting requirement
17-16 applicable to financial reporting [be in the form and reported in
17-17 the time] provided by the General Appropriations Act.
17-18 SECTION 3.07. Section 2.12, Texas Motor Vehicle Commission
17-19 Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
17-20 to read as follows:
17-21 Sec. 2.12. COMPLAINTS. (a) The Commission shall:
17-22 (1) keep an information file about each complaint
17-23 filed with the Commission that the Commission has authority to
17-24 resolve; and
17-25 (2) provide the person who filed the complaint, and
17-26 each person or entity that is the subject of the complaint,
17-27 information about the Commission's policies and procedures relating
18-1 to complaint investigation and resolution.
18-2 (b) If a written complaint is filed with the Commission that
18-3 the Commission has authority to resolve, the Commission, at least
18-4 quarterly and until final disposition of the complaint, shall
18-5 notify the parties to the complaint of the status of the complaint
18-6 unless the notice would jeopardize an ongoing Commission
18-7 investigation.
18-8 (c) With regard to each complaint filed with the Commission,
18-9 the Commission shall keep the following information:
18-10 (1) the date the complaint is filed;
18-11 (2) the name of the person filing the complaint;
18-12 (3) the subject matter of the complaint;
18-13 (4) a record of each person contacted in relation to
18-14 the complaint;
18-15 (5) a summary of the results of the review or
18-16 investigation of the complaint; and
18-17 (6) if the Commission takes no action on the
18-18 complaint, an explanation of the reasons that no action was taken.
18-19 SECTION 3.08. Sections 2.13(a), (b), and (d), Texas Motor
18-20 Vehicle Commission Code (Article 4413(36), Vernon's Texas Civil
18-21 Statutes), are amended to read as follows:
18-22 (a) The Executive Director or his designee shall develop an
18-23 intraagency career ladder program that addresses opportunities for
18-24 mobility and advancement of employees in the Commission. The
18-25 program shall require intraagency postings of all [nonentry level]
18-26 positions concurrently with any public posting.
18-27 (b) The Executive Director or his designee shall develop a
19-1 system of annual performance evaluations that are based on
19-2 documented employee performance. All merit pay for Commission
19-3 employees must be based on the system established under this
19-4 subsection.
19-5 (d) The Executive Director or his designee shall prepare and
19-6 maintain a written policy statement to assure implementation of a
19-7 program of equal employment opportunity under which all personnel
19-8 transactions are made without regard to race, color, disability
19-9 [handicap], sex, religion, age, or national origin. The policy
19-10 statement must include:
19-11 (1) personnel policies, including policies relating to
19-12 recruitment, evaluation, selection, appointment, training, and
19-13 promotion of personnel that comply with Chapter 21, Labor Code;
19-14 (2) a comprehensive analysis of the Commission work
19-15 force that meets federal and state guidelines;
19-16 (3) procedures by which a determination can be made of
19-17 significant underuse in the Commission work force of all persons
19-18 for whom federal or state guidelines encourage a more equitable
19-19 balance; and
19-20 (4) reasonable methods to appropriately address those
19-21 areas of significant underuse.
19-22 A policy statement prepared under this subsection must cover
19-23 an annual period, be updated at least annually, be reviewed by the
19-24 Texas Commission on Human Rights for compliance with Subdivision
19-25 (1) of this subsection, and be filed with the Governor's office.
19-26 The Governor's office shall deliver a biennial report to the
19-27 legislature based on the information received under this
20-1 subsection. The report may be made separately or as a part of
20-2 other biennial reports made to the legislature.
20-3 SECTION 3.09. Section 4.01B, Texas Motor Vehicle Commission
20-4 Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
20-5 to read as follows:
20-6 Sec. 4.01B. [NOTICE OF] LICENSE EXPIRATION. (a) The
20-7 Commission by rule may implement a system under which licenses
20-8 expire on various dates during the year.
20-9 (b) The Commission shall notify each person licensed under
20-10 this Act of the date of license expiration and the amount of the
20-11 fee required for license renewal. The notice shall be mailed at
20-12 least thirty days before the date of license expiration.
20-13 (c) For a year in which a license expiration date is
20-14 changed, the fee for the license shall be prorated so that the
20-15 holder of the license pays only that portion of the license fee
20-16 that is allocable to the number of months during which the license
20-17 is valid. On renewal of the license on the new expiration date,
20-18 the entire license renewal fee is payable.
20-19 ARTICLE 4. MOTOR CARRIERS
20-20 SECTION 4.01. Section 3(i), Article 6675c, Revised Statutes,
20-21 is amended to read as follows:
20-22 (i) A registration issued under this article is valid for
20-23 one year. The department may adopt a system under which
20-24 registrations expire at different times during the year. At least
20-25 30 days before the date on which a motor carrier's registration
20-26 expires, the department shall notify the carrier of the impending
20-27 expiration. The notice must be in writing and sent to the motor
21-1 carrier's last known address according to the records of the
21-2 department. A motor carrier may renew a registration under this
21-3 article by:
21-4 (1) supplementing the application with any new
21-5 information required under Subsection (g) of this section;
21-6 (2) paying a $10 fee for each vehicle requiring
21-7 registration the carrier operates; and
21-8 (3) showing the department evidence of continuing
21-9 insurance or financial responsibility in an amount at least equal
21-10 to the amount set by the department under Section 4(a) of this
21-11 article.
21-12 SECTION 4.02. Section 7, Article 6675c, Revised Statutes, is
21-13 amended to read as follows:
21-14 Sec. 7. Suspension and revocation of registration. (a) The
21-15 department may suspend or revoke a registration issued under this
21-16 article or place on probation a motor carrier whose registration is
21-17 suspended if:
21-18 (1) a motor carrier fails to maintain insurance as
21-19 required by Section 4(a) or (b) of this article;
21-20 (2) a motor carrier fails to keep proof of insurance
21-21 in the cab of each vehicle as required by Section 4(e) of this
21-22 article;
21-23 (3) a motor carrier fails to register a vehicle
21-24 requiring registration; or
21-25 (4) a motor carrier knowingly provides false
21-26 information on any form filed with the department under this
21-27 section.
22-1 (b) The Department of Public Safety may request that the
22-2 department suspend or revoke a registration issued under this
22-3 article or place on probation a motor carrier whose registration is
22-4 suspended if a motor carrier:
22-5 (1) has an unsatisfactory safety rating under 49
22-6 C.F.R. Part 385; or
22-7 (2) has multiple violations of a provision of Article
22-8 6675d, Revised Statutes, a rule adopted under that article, or the
22-9 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
22-10 Texas Civil Statutes).
22-11 (c) Except as provided by Subsection (d) of this section, a
22-12 suspension or revocation or the imposition of probation made under
22-13 Subsection (a) or (b) of this section is a contested case under
22-14 Chapter 2001, Government Code.
22-15 (d) The department may suspend or revoke a registration
22-16 issued under this article or place on probation a motor carrier
22-17 whose registration is suspended without a hearing under Chapter
22-18 2001, Government Code, if:
22-19 (1) the department provides notice to the motor
22-20 carrier of:
22-21 (A) the proposed suspension or revocation; and
22-22 (B) the right of the carrier to request a
22-23 hearing under Chapter 2001, Government Code; and
22-24 (2) the motor carrier fails to provide the department
22-25 with a written request for a hearing within 10 days after the date
22-26 the carrier receives the notice described in Subdivision (1) of
22-27 this subsection.
23-1 (e) If the suspension of a motor carrier's registration is
23-2 probated, the department may require the carrier to report
23-3 regularly to the department on any matter that is the basis of the
23-4 probation.
23-5 SECTION 4.03. Section 8, Article 6675c, Revised Statutes, is
23-6 amended by adding Subsection (g) to read as follows:
23-7 (g) The department may not by rule restrict competitive
23-8 bidding or advertising by a motor carrier except to prohibit false,
23-9 misleading, or deceptive practices. A rule to prohibit false,
23-10 misleading, or deceptive practices may not:
23-11 (1) restrict the use of:
23-12 (A) any medium for an advertisement;
23-13 (B) the motor carrier's advertisement under a
23-14 trade name; or
23-15 (C) the motor carrier's personal appearance or
23-16 voice in an advertisement, if the motor carrier is an individual;
23-17 or
23-18 (2) relate to the size or duration of an advertisement
23-19 by the motor carrier.
23-20 ARTICLE 5. SALVAGE VEHICLE DEALERS
23-21 SECTION 5.01. Section 1.02, Article 6687-1a, Revised
23-22 Statutes, is amended by adding Subsection (c) to read as follows:
23-23 (c) The commission may not adopt a rule under this article
23-24 that restricts competitive bidding or advertising by a person who
23-25 holds a license issued under this article other than a rule to
23-26 prohibit false, misleading, or deceptive practices. A rule to
23-27 prohibit false, misleading, or deceptive practices may not:
24-1 (1) restrict the use of:
24-2 (A) any medium for an advertisement;
24-3 (B) the license holder's advertisement under a
24-4 trade name; or
24-5 (C) the license holder's personal appearance or
24-6 voice in an advertisement, if the license holder is an individual;
24-7 or
24-8 (2) relate to the size or duration of an advertisement
24-9 by the license holder.
24-10 SECTION 5.02. Section 2.07, Article 6687-1a, Revised
24-11 Statutes, is amended to read as follows:
24-12 Sec. 2.07. License Renewal. (a) A license issued under
24-13 this article expires on the first anniversary of the date of
24-14 issuance and may be renewed annually on or before the expiration
24-15 date on payment of the required renewal fee.
24-16 (b) A person who is otherwise eligible to renew a license
24-17 may renew an unexpired license by paying to the department before
24-18 the expiration date of the license the required renewal fee. A
24-19 person whose license has expired may not engage in the activities
24-20 that require a license until the license has been renewed under the
24-21 provisions of this section.
24-22 (c) If a person's license has been expired for 90 days or
24-23 less, the person may renew the license by paying to the department
24-24 one and one-half times the required renewal fee.
24-25 (d) If a person's license has been expired for longer than
24-26 90 days but less than one year, the person may renew the license by
24-27 paying to the department two times the required renewal fee.
25-1 (e) If a person's license has been expired for one year or
25-2 longer, the person may not renew the license. The person may
25-3 obtain a new license by complying with the requirements and
25-4 procedures for obtaining an original license. If the person was
25-5 licensed in this state, moved to another state, and has been doing
25-6 business in the other state for the two years preceding
25-7 application, the person may renew an expired license. The person
25-8 must pay to the department a fee that is equal to two times the
25-9 required renewal fee for the license.
25-10 (f) At least 30 days before the date on which a person's
25-11 license expires, the department shall notify the person of the
25-12 impending expiration. The notice must be in writing and sent to
25-13 the person's last known address according to the records of the
25-14 department. [If a license holder fails to renew the license before
25-15 its expiration date, the license holder may renew the license on
25-16 payment of the renewal fee and a late fee set by the commission.
25-17 If the license is not renewed before the first anniversary of the
25-18 date on which the license expired, the license holder must apply
25-19 for a new license in the same manner as an applicant for an initial
25-20 license.]
25-21 SECTION 5.03. Section 4.01(b), Article 6687-1a, Revised
25-22 Statutes, is amended to read as follows:
25-23 (b) The commission shall adopt rules establishing the
25-24 grounds for the denial, suspension, revocation, or reinstatement of
25-25 a license and establishing procedures for disciplinary actions. A
25-26 rule adopted under this subsection may not conflict with a rule
25-27 adopted by the State Office of Administrative Hearings.
26-1 ARTICLE 6. VEHICLE STORAGE FACILITY ACT
26-2 SECTION 6.01. Section 4, Vehicle Storage Facility Act
26-3 (Article 6687-9a, Revised Statutes), is amended by adding
26-4 Subsection (d) to read as follows:
26-5 (d) The commission may not adopt a rule under this Act that
26-6 restricts competitive bidding or advertising by a person who holds
26-7 a license issued under this Act other than a rule to prohibit
26-8 false, misleading, or deceptive practices. A rule to prohibit
26-9 false, misleading, or deceptive practices may not:
26-10 (1) restrict the use of:
26-11 (A) any medium for an advertisement;
26-12 (B) the license holder's advertisement under a
26-13 trade name; or
26-14 (C) the license holder's personal appearance or
26-15 voice in an advertisement, if the license holder is an individual;
26-16 or
26-17 (2) relate to the size or duration of an advertisement
26-18 by the license holder.
26-19 SECTION 6.02. Section 9(a), Vehicle Storage Facility Act
26-20 (Article 6687-9a, Revised Statutes), is amended to read as follows:
26-21 (a) A license issued under this article is valid for the
26-22 period set by the commission. At least 30 days before the date on
26-23 which a person's license expires, the commission shall notify the
26-24 person of the impending expiration. The notice must be in writing
26-25 and sent to the person's last known address according to the
26-26 records of the commission.
26-27 SECTION 6.03. Section 10, Vehicle Storage Facility Act
27-1 (Article 6687-9a, Revised Statutes), is amended by adding
27-2 Subsections (e) and (f) to read as follows:
27-3 (e) If the commission places a person on probation under
27-4 this section, the commission may require the person to report
27-5 regularly to the commission on any matter that is the basis of the
27-6 probation.
27-7 (f) If the commission proposes to take an action under
27-8 Subsection (a) or (b), the person is entitled to a hearing
27-9 conducted by the State Office of Administrative Hearings.
27-10 Proceedings for a disciplinary action are governed by the
27-11 administrative procedure law, Chapter 2001, Government Code. Rules
27-12 of practice adopted by the commission under Section 2001.004,
27-13 Government Code, applicable to the proceedings for a disciplinary
27-14 action may not conflict with rules adopted by the State Office of
27-15 Administrative Hearings.
27-16 ARTICLE 7. TURNPIKES
27-17 SECTION 7.01. Chapter 222, Transportation Code, is amended
27-18 by adding Subchapter D to read as follows:
27-19 SUBCHAPTER D. TOLL FACILITIES
27-20 Sec. 222.071. EXPENDITURE OF MONEY. The department may
27-21 spend money from any source for the construction, maintenance, and
27-22 operation of toll facilities.
27-23 Sec. 222.072. TEMPORARY TOLL PROJECTS. The department may
27-24 recover the cost of a preventative maintenance or rehabilitation
27-25 project on a nontoll segment of the state highway system by
27-26 temporarily imposing a toll charge.
27-27 Sec. 222.073. COST PARTICIPATION. (a) The department may
28-1 participate in the cost of the construction, maintenance, or
28-2 operation of a toll facility of a public or private entity on terms
28-3 and conditions established by the commission, including
28-4 requirements for repayment.
28-5 (b) An entity receiving cost participation from the
28-6 department under this section is a successor agency to the Texas
28-7 Turnpike Authority for the purposes of Section 52-b, Article III,
28-8 Texas Constitution.
28-9 SECTION 7.02. Section 362.055, Transportation Code, is
28-10 amended to read as follows:
28-11 Sec. 362.055. EXCEPTION. This subchapter does not apply to:
28-12 (1) a county that has a population of more than 1.5
28-13 million; [or]
28-14 (2) a local government corporation created under
28-15 Chapter 431 by a county that has a population of more than 1.5
28-16 million; or
28-17 (3) a regional tollway authority created under Chapter
28-18 366.
28-19 SECTION 7.03. Section 361.001, Transportation Code, is
28-20 amended to read as follows:
28-21 Sec. 361.001. DEFINITIONS. In this chapter:
28-22 (1) "Authority" means the Texas Turnpike Authority
28-23 division of the Texas Department of Transportation [and includes
28-24 the entity that succeeds to the principal functions of the
28-25 authority or to whom by law the powers of the authority are given].
28-26 (2) "Board" means the board of directors of the
28-27 authority.
29-1 (3) ["Highway" means a road, highway, farm-to-market
29-2 road, or street under the supervision of the state or a political
29-3 subdivision of the state.]
29-4 [(4)] "Owner" includes a person having title to or an
29-5 interest in any property, rights, easements, and interests
29-6 authorized to be acquired under this chapter.
29-7 (4) [(5)] "Turnpike project" means a toll [an express]
29-8 highway constructed, maintained, or operated under this chapter as
29-9 part of the state highway system and any improvement, extension, or
29-10 expansion to the highway and includes:
29-11 (A) a facility to relieve traffic congestion and
29-12 promote safety;
29-13 (B) a bridge, tunnel, overpass, underpass,
29-14 interchange, entrance plaza, approach, toll house, or service
29-15 station;
29-16 (C) an administration, storage, or other
29-17 building the authority considers necessary to operate the project;
29-18 and
29-19 (D) property rights, easements, and interests
29-20 the authority acquires to construct or operate the project.
29-21 (5) "Regional tollway authority" means a regional
29-22 tollway authority created under Chapter 366, Transportation Code.
29-23 SECTION 7.04. Section 361.031, Transportation Code, is
29-24 amended to read as follows:
29-25 Sec. 361.031. TEXAS TURNPIKE AUTHORITY. (a) The Texas
29-26 Turnpike Authority is a division of the Texas Department of
29-27 Transportation that has full authority to exercise all powers
30-1 granted to it under this chapter. Powers granted to the department
30-2 under this chapter and Chapter 362 to study, design, construct,
30-3 operate, expand, enlarge, or extend a turnpike project as a part of
30-4 the state highway system shall be exercised by the department
30-5 acting by and through the authority [state agency].
30-6 (b) The authority may perform, procure from other divisions
30-7 of the department with the consent of the department, or procure
30-8 from outside service providers any portion of the services the
30-9 authority requires for:
30-10 (1) right-of-way acquisition;
30-11 (2) roadway finance, design, and construction;
30-12 (3) environmental affairs; or
30-13 (4) legal services.
30-14 (c) With the approval of the commission, the authority may
30-15 perform, procure from other divisions of the department with the
30-16 consent of the department, or procure from outside service
30-17 providers any portion of the services the authority requires for
30-18 roadway maintenance or traffic operations.
30-19 (d) To perform its functions under this chapter, the
30-20 authority may use the facilities and personnel of the department in
30-21 the same manner as other divisions of the department.
30-22 (e) If the comptroller assigns numbers to state agencies for
30-23 accounting purposes, the comptroller shall assign a separate agency
30-24 number to the authority [The authority shall locate offices in
30-25 Austin, Texas, on or before September 1, 1997].
30-26 (f) [(c)] The exercise by the authority of the powers
30-27 conferred by this chapter in the construction, operation, and
31-1 maintenance of a turnpike project is:
31-2 (1) in all respects for the benefit of the people of
31-3 this state, for the increase of their commerce and prosperity, and
31-4 for the improvement of their health and living conditions and
31-5 public safety; and
31-6 (2) an essential governmental function of the state.
31-7 SECTION 7.05. Sections 361.032(a), (b), (c), (e), and (g),
31-8 Transportation Code, are amended to read as follows:
31-9 (a) The board is composed of six [12] directors appointed by
31-10 the commission. [The governor, with the advice and consent of the
31-11 senate, shall appoint nine directors who represent the public. Each
31-12 commission member serves as an ex officio board member.]
31-13 (b) Directors [Appointed directors] serve terms of six years
31-14 with the terms of one-third of those directors expiring on February
31-15 15 of each odd-numbered year.
31-16 (c) Each [appointed] director must have resided in this
31-17 state and in the county from which the person is appointed for at
31-18 least one year before the person's appointment.
31-19 (e) The commission [governor] shall promptly fill vacancies
31-20 in unexpired terms.
31-21 (g) The commission [governor] shall designate one director
31-22 as the presiding officer of the board to serve in that capacity at
31-23 the pleasure of the commission [governor]. The board shall elect
31-24 one director as assistant presiding officer and shall elect a
31-25 secretary and treasurer who need not be a director.
31-26 SECTION 7.06. Section 361.033, Transportation Code, is
31-27 amended to read as follows:
32-1 Sec. 361.033. CONFLICT OF INTEREST. (a) A person is not
32-2 eligible for appointment to the board if the person or the person's
32-3 spouse:
32-4 (1) is registered, certified, or licensed by an
32-5 occupational regulatory agency in the field of toll road
32-6 construction, maintenance, or operation;
32-7 (2) is employed by or participates in the management
32-8 of a business entity or other organization regulated by the
32-9 commission, department, or authority or receiving funds from the
32-10 commission, department, or authority;
32-11 (3) owns or controls, directly or indirectly, more
32-12 than a 10 percent interest in a business entity or other
32-13 organization regulated by or receiving funds from the commission,
32-14 department, or authority, other than compensation for acquisition
32-15 of turnpike right-of-way; or
32-16 (4) uses or receives a substantial amount of tangible
32-17 goods, services, or funds from the commission, department, or
32-18 authority, other than compensation or reimbursement authorized by
32-19 law for board membership, attendance, or expenses or compensation
32-20 for acquisition of turnpike right-of-way.
32-21 (b) An officer, employee, or paid consultant of a Texas
32-22 trade association in the field of road construction, maintenance,
32-23 or operation may not be a [an appointed] director.
32-24 (c) The spouse of an officer, manager, or paid consultant of
32-25 a Texas trade association in the field of road construction,
32-26 maintenance, or operation may not be a [an appointed] director.
32-27 (d) A person may not serve as a [an appointed] director or
33-1 act as the general counsel to the authority if the person is
33-2 required to register as a lobbyist under Chapter 305, Government
33-3 Code, because of the person's activities for compensation on behalf
33-4 of a profession related to the operation of the commission,
33-5 department, or authority.
33-6 (e) In this section, "Texas trade association" means a
33-7 nonprofit, cooperative, and voluntarily joined association of
33-8 business or professional competitors in this state designed to
33-9 assist its members and its industry or profession in dealing with
33-10 mutual business or professional problems and in promoting their
33-11 common interests.
33-12 SECTION 7.07. Section 361.035, Transportation Code, is
33-13 amended to read as follows:
33-14 Sec. 361.035. REMOVAL OF DIRECTOR. (a) It is a ground for
33-15 removal of a [an appointed] director from the board if the
33-16 director:
33-17 (1) does not have at the time of appointment or does
33-18 not maintain during service on the board the qualifications
33-19 required by Section 361.032 or 361.033(a);
33-20 (2) violates a prohibition established by Section
33-21 361.033(b), (c), or (d);
33-22 (3) cannot discharge the director's duties for a
33-23 substantial part of the term for which the director is appointed
33-24 because of illness or disability; or
33-25 (4) is absent from more than half of the regularly
33-26 scheduled board meetings that the director is eligible to attend
33-27 during a calendar year unless the absence is excused by majority
34-1 vote of the board.
34-2 (b) The validity of an action of the board is not affected
34-3 by the fact that it is taken when a ground for removal of a
34-4 director exists.
34-5 (c) If the administrative head of the authority has
34-6 knowledge that a potential ground for removal exists, that
34-7 individual shall notify the presiding officer of the board of the
34-8 ground. The presiding officer shall then notify the commission
34-9 [governor] that a potential ground for removal exists.
34-10 SECTION 7.08. Section 361.042, Transportation Code, is
34-11 amended to read as follows:
34-12 Sec. 361.042. GENERAL POWERS AND DUTIES. (a) The authority
34-13 shall:
34-14 (1) on its own initiative or at the request of the
34-15 commission, consider, study, plan, and develop turnpike projects
34-16 under this chapter;
34-17 (2) adopt rules [bylaws] for the regulation of its
34-18 affairs and the conduct of its business;
34-19 (3) with the concurrence of the commission, employ an
34-20 administrative head, who serves at the pleasure of the board and
34-21 who must be compensated on a level not lower than the level on
34-22 which a deputy executive director of the department is compensated;
34-23 and
34-24 (4) undertake such other duties as are delegated to it
34-25 by the commission.
34-26 (b) The authority may:
34-27 (1) [(2) adopt an official seal;]
35-1 [(3)] construct, maintain, repair, and operate
35-2 turnpike projects in this state;
35-3 (2) [(4)] acquire, hold, and dispose of property in
35-4 the exercise of its powers and the performance of its duties under
35-5 this chapter;
35-6 (3) with the approval of the governor and the
35-7 commission, [(5)] enter into contracts or operating agreements with
35-8 similar authorities or agencies of another state, including a state
35-9 of the United Mexican States;
35-10 (4) [(6)] enter into contracts or agreements necessary
35-11 or incidental to its duties and powers under this chapter;
35-12 (5) [(7)] employ consulting engineers, attorneys,
35-13 accountants, construction and financial experts, superintendents,
35-14 managers, and other employees and agents the authority considers
35-15 necessary and set their compensation;
35-16 (6) [(8)] receive grants for the construction of a
35-17 turnpike project and receive contributions of money, property,
35-18 labor, or other things of value from any source to be used for the
35-19 purposes for which the grants or contributions are made;
35-20 (7) [(9)] adopt and enforce rules, if the commission
35-21 concurs, not inconsistent with this chapter for the use of any
35-22 turnpike project; and
35-23 (8) [(10)] do all things necessary or appropriate to
35-24 carry out the powers expressly granted by this chapter.
35-25 SECTION 7.09. Section 361.055, Transportation Code, is
35-26 amended to read as follows:
35-27 Sec. 361.055. SUCCESSOR AGENCY TO AUTHORITY. The following
36-1 are considered successor agencies to the Texas Turnpike Authority
36-2 [authority] for purposes of Section 52-b, Article III, Texas
36-3 Constitution:
36-4 (1) a county, municipality, or local government
36-5 corporation that leases, buys, operates, or otherwise receives a
36-6 turnpike project under Subchapter H;
36-7 (2) a county with a population of more than 1.5
36-8 million that constructs a toll road, toll bridge, or turnpike
36-9 project;
36-10 (3) a local government corporation serving a county
36-11 with a population of more than 1.5 million that constructs a toll
36-12 road, toll bridge, or turnpike project; [and]
36-13 (4) an adjacent county in a joint turnpike authority
36-14 with a county with a population of more than 1.5 million that
36-15 constructs a toll road, toll bridge, or turnpike project;
36-16 (5) the department; and
36-17 (6) a public or private entity authorized to receive
36-18 funds from the department for the construction, maintenance, or
36-19 operation of toll projects.
36-20 SECTION 7.10. Section 361.132, Transportation Code, is
36-21 amended to read as follows:
36-22 Sec. 361.132. ACQUISITION OF PROPERTY. (a) The board
36-23 [authority] may acquire, in the name of the state, [authority]
36-24 public or private real property it determines necessary or
36-25 convenient for the construction, expansion, enlargement, extension,
36-26 improvement, or operation of a turnpike project or for otherwise
36-27 carrying out this chapter.
37-1 (b) The real property the authority may acquire under this
37-2 subchapter includes:
37-3 (1) public parks, playgrounds, or reservations;
37-4 (2) parts of or rights in public parks, playgrounds,
37-5 or reservations;
37-6 (3) rights-of-way;
37-7 (4) property rights, including:
37-8 (A) a right of ingress or egress; and
37-9 (B) a reservation right in real property that
37-10 restricts or prohibits for not more than seven years the:
37-11 (i) addition of a new improvement on the
37-12 real property;
37-13 (ii) addition to or modification of an
37-14 existing improvement on the real property; or
37-15 (iii) subdivision of the real property;
37-16 (5) franchises;
37-17 (6) easements; and
37-18 (7) other interests in real property.
37-19 (c) The board [authority] may acquire the real property by
37-20 any method, including purchase and condemnation. The board
37-21 [authority] may purchase public or private real property on the
37-22 terms and at the price the board [authority] and the owner
37-23 consider reasonable.
37-24 (d) Property necessary or convenient for the construction or
37-25 operation of a turnpike project under Subsection (a) includes an
37-26 interest in real property, a property right, or materials that the
37-27 authority determines are necessary or convenient to:
38-1 (1) protect a turnpike project;
38-2 (2) drain a turnpike project;
38-3 (3) divert a stream, river, or other watercourse from
38-4 the right-of-way of a turnpike project;
38-5 (4) store materials or equipment used in the
38-6 construction or maintenance of a turnpike project;
38-7 (5) construct or operate a warehouse or other facility
38-8 used in connection with the construction, maintenance, or operation
38-9 of a turnpike project;
38-10 (6) lay out, construct, or maintain a roadside park;
38-11 (7) lay out, construct, or maintain a parking lot that
38-12 will contribute to the maximum use of a turnpike project with the
38-13 least possible congestion;
38-14 (8) mitigate an adverse environmental effect that
38-15 directly results from the construction or maintenance of a turnpike
38-16 project; or
38-17 (9) accomplish any other purpose related to the
38-18 location, construction, improvement, maintenance, beautification,
38-19 preservation, or operation of a turnpike project.
38-20 (e) The authority shall comply with all relocation
38-21 assistance procedures applicable to the department in connection
38-22 with any displacement of owners or tenants as a consequence of the
38-23 authority's acquisition of real property under this chapter.
38-24 (f) The authority may acquire timber, earth, stone, gravel,
38-25 or other materials as necessary to carry out a purpose under this
38-26 chapter.
38-27 SECTION 7.11. Section 361.135, Transportation Code, is
39-1 amended to read as follows:
39-2 Sec. 361.135. CONDEMNATION OF REAL PROPERTY. (a) The
39-3 board, with the concurrence of the commission, [authority] may
39-4 acquire public or private real property in the name of the state
39-5 [authority] by the exercise of the power of condemnation under the
39-6 laws applicable to the exercise of that power on property for
39-7 public use if:
39-8 (1) the authority and the owner cannot agree on a
39-9 reasonable price for the property; or
39-10 (2) the owner is legally incapacitated, absent,
39-11 unknown, or unable to convey title.
39-12 (b) The board, with the concurrence of the commission, [To
39-13 the extent provided by Subsection (c), the authority] may condemn
39-14 real property that the authority determines is:
39-15 (1) necessary or appropriate to construct or to
39-16 efficiently operate a turnpike project;
39-17 (2) necessary to restore public or private property
39-18 damaged or destroyed; [or]
39-19 (3) necessary for access, approach, and interchange
39-20 roads;
39-21 (4) necessary for supplemental facilities of the
39-22 authority; or
39-23 (5) necessary otherwise to carry out this chapter.
39-24 (c) [The authority may condemn real property necessary for
39-25 access, approach, and interchange roads but may not condemn
39-26 property:]
39-27 [(1) that is unnecessary for road and right-of-way
40-1 purposes; or]
40-2 [(2) that is for a supplemental facility for another
40-3 purpose.]
40-4 [(d) The authority may construct a supplemental facility
40-5 only on real property the authority purchases.]
40-6 [(e)] The court having jurisdiction of a condemnation
40-7 proceeding may:
40-8 (1) make orders as are just to the authority and the
40-9 owners of the real property; and
40-10 (2) require an undertaking or other security to secure
40-11 the owners against any loss or damage by reason of the board's
40-12 [authority's] failure to accept and pay for the real property.
40-13 (d) [(f)] An undertaking or security under Subsection (c)(2)
40-14 [(e)(2)] or an act or obligation of the authority or the board does
40-15 not impose any liability on the state, [or] the authority, or the
40-16 board except liability that may be paid from the money authorized
40-17 by this chapter.
40-18 SECTION 7.12. Section 361.136, Transportation Code, is
40-19 amended to read as follows:
40-20 Sec. 361.136. SEVERANCE OF REAL PROPERTY. (a) If a
40-21 turnpike project severs an owner's real property, the authority
40-22 shall pay:
40-23 (1) the value of the property acquired; and
40-24 (2) the damages to the remainder of the owner's
40-25 property caused by the severance, including damages caused by the
40-26 inaccessibility of one tract from the other.
40-27 (b) [The authority shall provide and maintain without
41-1 charge a passageway over or under the turnpike project for the
41-2 owner of the severed real property and the owner's employees and
41-3 representatives. The authority is not required to furnish a
41-4 passageway if the owner waives the requirement or the original
41-5 tract involved is less than 80 acres.]
41-6 [(c)] The authority may negotiate for and purchase the
41-7 severed real property or either part of the severed real property
41-8 if the authority and the owner agree on terms for the purchase.
41-9 [The authority shall sell and dispose of severed real property
41-10 within two years after the date of acquisition.]
41-11 SECTION 7.13. Section 361.180, Transportation Code, is
41-12 amended to read as follows:
41-13 Sec. 361.180. TOLLS ON CONVERTED HIGHWAYS [PROHIBITION ON
41-14 TOLLS ON EXISTING FREE HIGHWAYS]. If converted to a toll facility
41-15 under Section 222.072 or 362.0041, the commission [The authority]
41-16 may impose a toll for transit over an existing free public highway
41-17 [only if such highway is transferred to the authority by the
41-18 commission under Section 222.0041].
41-19 SECTION 7.14. Section 361.184(b), Transportation Code, is
41-20 amended to read as follows:
41-21 (b) The board [authority] may transfer, or direct the
41-22 authority to transfer, into the project revolving fund money from
41-23 any permissible source, including:
41-24 (1) money from a surplus fund established for a
41-25 turnpike project if the remainder of the surplus fund is not less
41-26 than any minimum amount required by the trust agreement to be
41-27 retained for that project;
42-1 (2) money received under Subchapter I or from a
42-2 transfer of a turnpike project under Subchapter H;
42-3 (3) advances from the state highway fund [department
42-4 authorized under Section 52-b, Article III, Texas Constitution];
42-5 and
42-6 (4) contributions or assistance from the United
42-7 States, another state, a political subdivision of this state, the
42-8 United Mexican States, or a political subdivision of the United
42-9 Mexican States.
42-10 SECTION 7.15. Section 361.189, Transportation Code, is
42-11 amended to read as follows:
42-12 Sec. 361.189. USE OF SURPLUS REVENUE. [(a)] The commission
42-13 [board] by resolution may authorize the use of surplus revenue of a
42-14 turnpike project to pay the costs of another turnpike project,
42-15 other than a project financed under Subchapter I, or a toll-free
42-16 project. The commission [board] may in the resolution prescribe
42-17 terms for the use of the revenue, including the pledge of the
42-18 revenue, but may not take an action under this section that[:]
42-19 [(1) violates Subsection (b); or]
42-20 [(2)] violates, impairs, or is inconsistent with a
42-21 bond resolution, trust agreement, or indenture governing the use of
42-22 the surplus revenue.
42-23 [(b) Except as provided by Subsection (c), the surplus
42-24 revenue of a turnpike project that was under construction or
42-25 operated by the authority on January 1, 1993, may be used only for:]
42-26 [(1) the costs associated with the construction,
42-27 expansion, or maintenance of the project producing the revenue; and]
43-1 [(2) transfers to the Texas Turnpike Authority
43-2 feasibility study fund.]
43-3 [(c) The board may use revenue from a turnpike project
43-4 described by Subsection (b) for a purpose authorized by this
43-5 chapter other than a purpose described by that subsection if:]
43-6 [(1) the authority obtains the permission of the
43-7 commissioners court of each county in which the project is located;
43-8 or]
43-9 [(2) an agreement between the authority and a county
43-10 or local government corporation created by the county for the
43-11 lease, sale, or other conveyance of the project permits the revenue
43-12 to be used for another purpose.]
43-13 SECTION 7.16. Section 361.232, Transportation Code, is
43-14 amended by adding Subsection (e) to read as follows:
43-15 (e) This section does not apply to the conversion of any
43-16 highway that is a part of the state highway system to a turnpike
43-17 project.
43-18 SECTION 7.17. Section 361.237, Transportation Code, is
43-19 amended to read as follows:
43-20 Sec. 361.237. OPERATION OF TURNPIKE PROJECT. A turnpike
43-21 project is a public road subject to all laws applicable to the
43-22 regulation and control of traffic [(a) The authority shall police
43-23 and operate a turnpike project through a force of police,
43-24 toll-takers, and other employees of the authority.]
43-25 [(b) The authority may arrange with the Department of Public
43-26 Safety for the services of officers of that agency].
43-27 SECTION 7.18. Section 361.238, Transportation Code, is
44-1 amended to read as follows:
44-2 Sec. 361.238. PAYMENT OF BOND INDEBTEDNESS; CESSATION OR
44-3 CONTINUATION OF TOLLS[; TRANSFER OF PROJECT TO COMMISSION]. (a)
44-4 Except as provided by Subsection (b), a [A] turnpike project [that
44-5 is in good condition and repair to the satisfaction of the
44-6 commission] becomes a toll-free [part of the state] highway
44-7 [system] when:
44-8 (1) the bonds issued under this chapter for the
44-9 project and the interest on the bonds are paid; or
44-10 (2) firm banking and financial arrangements have been
44-11 made for the discharge and final payment or redemption of the bonds
44-12 in accordance with Section 7A, Chapter 503, Acts of the 54th
44-13 Legislature, 1955 (Article 717k, Vernon's Texas Civil Statutes) [a
44-14 sufficient amount to pay the bonds and the interest on the bonds to
44-15 maturity or to redeem the bonds has been set aside in trust for the
44-16 benefit of the bondholders].
44-17 (b) If the conditions of Subsections (a)(1) and (2) are met,
44-18 the commission may continue to charge a toll sufficient to pay the
44-19 costs of maintaining the facility. [The Authority shall continue
44-20 to operate as a toll facility a turnpike project that the
44-21 commission determines is not in a state of repair so as to justify
44-22 its acceptance as part of the state highway system. The authority
44-23 shall continue the tolls then in effect or revise the tolls to
44-24 provide money sufficient to assure payment of the expenses of
44-25 maintenance and operation and the making of repairs and
44-26 replacements as necessary to meet the minimum requirements of the
44-27 commission within the shortest practicable time.]
45-1 [(c) The commission shall maintain a turnpike project it
45-2 accepts free of tolls. The authority shall deliver to the
45-3 commission at the time of acceptance any money remaining to the
45-4 credit of the project after retirement of the bonds issued for the
45-5 project. The commission shall deposit the money in a fund to be
45-6 used to maintain the project facilities. The commission shall
45-7 administer the fund in accordance with commission rules.]
45-8 [(d) Not later than the first anniversary of the date the
45-9 commission accepts a turnpike project, the department shall
45-10 advertise for public sale each installation on the project other
45-11 than the road bed and highway sections and shall solicit sealed
45-12 bids for those installations. The department may reject any or all
45-13 bids but shall dispose of the properties not later than the second
45-14 anniversary of the date the commission accepts title to the
45-15 project.]
45-16 SECTION 7.19. The heading of Subchapter H, Chapter 361,
45-17 Transportation Code, is amended to read as follows:
45-18 SUBCHAPTER H. TRANSFER OF TURNPIKE PROJECT TO
45-19 COUNTY, MUNICIPALITY, REGIONAL TOLLWAY AUTHORITY, OR
45-20 LOCAL GOVERNMENT CORPORATION
45-21 SECTION 7.20. Sections 361.281, 361.282, and 361.285,
45-22 Transportation Code, are amended to read as follows:
45-23 Sec. 361.281. APPLICABILITY OF SUBCHAPTER. This subchapter
45-24 applies only to:
45-25 (1) a county with a population of more than 1.5
45-26 million;
45-27 (2) a local government corporation serving a county
46-1 with a population of more than 1.5 million; [or]
46-2 (3) an adjacent county in a joint turnpike authority
46-3 with a county with a population of more than 1.5 million;
46-4 (4) a municipality with a population of more than
46-5 120,000 that is adjacent to the United Mexican States; or
46-6 (5) a regional tollway authority created under Chapter
46-7 366.
46-8 Sec. 361.282. LEASE, SALE, OR CONVEYANCE OF TURNPIKE
46-9 PROJECT. (a) The authority may lease, sell, or convey in another
46-10 manner a turnpike project to a county, municipality, regional
46-11 tollway authority, or a local government corporation created under
46-12 Chapter 431.
46-13 (b) The authority, the commission, and the governor must
46-14 approve the transfer of the turnpike project as being in the best
46-15 interests of the state and the entity receiving the turnpike
46-16 project [county].
46-17 Sec. 361.285. APPROVAL OF AGREEMENT BY ATTORNEY GENERAL.
46-18 (a) An agreement for the lease, sale, or conveyance of a turnpike
46-19 project under this subchapter shall be submitted to the attorney
46-20 general for approval as part of the records of proceedings relating
46-21 to the issuance of bonds of the county, municipality, regional
46-22 tollway authority, or local government corporation.
46-23 (b) If the attorney general determines that the agreement is
46-24 in accordance with law, the attorney general shall approve the
46-25 agreement and deliver to the commission a copy of the legal opinion
46-26 of the attorney general stating that approval.
46-27 SECTION 7.21. Section 361.331(a), Transportation Code, is
47-1 amended to read as follows:
47-2 (a) The authority may designate two or more turnpike
47-3 projects that are wholly or partly located in a metropolitan
47-4 planning organization [planning region of a council of governments]
47-5 as a pooled turnpike project after:
47-6 (1) conducting a public hearing; and
47-7 (2) obtaining the approval of the commission[; and]
47-8 [(3) obtaining a resolution adopted by the
47-9 commissioners court of the county that:]
47-10 [(A) approves the action; and]
47-11 [(B) specifies the date the pooled project
47-12 becomes toll free].
47-13 SECTION 7.22. Section 362.0041, Transportation Code, is
47-14 amended to read as follows:
47-15 Sec. 362.0041. CONVERSION [ACQUISITION] OF PROJECTS. (a)
47-16 If the commission finds that the conversion of a segment of the
47-17 free state highway system to a toll facility is the most feasible
47-18 and economic means to accomplish necessary expansion improvements,
47-19 or extensions to the state highway system, that segment may[, on
47-20 approval of the governor,] be converted [transferred] by order of
47-21 the commission to [the authority. The authority may receive such
47-22 segment of highway, thereafter to be owned, operated, and
47-23 maintained as] a turnpike project under Chapter 361.
47-24 (b) [The authority shall reimburse the commission for the
47-25 cost of the transferred highway, unless the commission finds that
47-26 the transfer will result in substantial net benefits to the state,
47-27 the department, and the traveling public that exceed that cost.
48-1 The cost shall include the total dollar amount expended by the
48-2 department for the original construction of the highway, including
48-3 all costs associated with the preliminary engineering and design
48-4 engineering for plans, specifications, and estimates, the
48-5 acquisition of necessary right-of-way, and actual construction of
48-6 the highway and all necessary appurtenant facilities.]
48-7 [(c) The commission shall, coincident with the transfer,
48-8 remove the segment of highway from the designated state highway
48-9 system and shall subsequently have no liability, responsibility, or
48-10 duty for the maintenance or operation of the highway.]
48-11 [(d)] Prior to converting [transferring] a segment of the
48-12 state highway system under this section, the commission shall
48-13 conduct a public hearing for the purpose of receiving comments from
48-14 interested persons concerning the proposed transfer. Notice of the
48-15 hearing shall be published in the Texas Register, one or more
48-16 newspapers of general circulation, and a newspaper, if any,
48-17 published in the county or counties in which the involved highway
48-18 is located.
48-19 (c) [(e)] The commission shall adopt rules implementing this
48-20 section, such rules to include criteria and guidelines for the
48-21 approval of a conversion [transfer] of a highway.
48-22 SECTION 7.23. Subtitle G, Title 6, Transportation Code, is
48-23 amended by adding Chapter 366 to read as follows:
48-24 CHAPTER 366. REGIONAL TOLLWAY AUTHORITIES
48-25 SUBCHAPTER A. GENERAL PROVISIONS
48-26 Sec. 366.001. SHORT TITLE. This chapter may be cited as the
48-27 Regional Tollway Authority Act.
49-1 Sec. 366.002. PURPOSES; LIBERAL CONSTRUCTION. (a) The
49-2 purposes of this chapter are:
49-3 (1) the expansion and improvement of transportation
49-4 facilities and systems in this state;
49-5 (2) the creation of regional tollway authorities to
49-6 secure and acquire rights-of-way for urgently needed transportation
49-7 systems and to plan, design, construct, operate, expand, extend,
49-8 and modify those systems; and
49-9 (3) the reduction of burdens and demands on the
49-10 limited money available to the commission and an increase in the
49-11 effectiveness and efficiency of the commission.
49-12 (b) This chapter shall be liberally construed to effect its
49-13 purposes.
49-14 Sec. 366.003. DEFINITIONS. In this chapter:
49-15 (1) "Authority" means a regional tollway authority
49-16 organized under this chapter.
49-17 (2) "Board" means the board of directors of an
49-18 authority organized under this chapter.
49-19 (3) "Bond" means all bonds, certificates, notes, and
49-20 other obligations of an authority authorized by this chapter, any
49-21 other statute, or the Texas Constitution.
49-22 (4) "Bond proceedings" means a bond resolution and any
49-23 bond indenture authorized by the bond resolution, any credit
49-24 agreement entered into in connection with the bonds or the payments
49-25 to be made under the agreement, and any other agreement between an
49-26 authority and another person providing security for the payment of
49-27 bonds.
50-1 (5) "Bond resolution" means an order or resolution of
50-2 an authority's board authorizing the issuance of bonds.
50-3 (6) "Bondholder" includes a trustee acting on behalf
50-4 of an owner of bonds under the terms of a bond indenture.
50-5 (7) "Highway" means a road, highway, farm-to-market
50-6 road, or street under the supervision of the state or a political
50-7 subdivision of the state.
50-8 (8) "Local governmental entity" means a political
50-9 subdivision of the state, including a municipality or a county, a
50-10 political subdivision of a county, a group of adjoining counties, a
50-11 district organized or operating under Section 52, Article III, or
50-12 Section 59, Article XVI, Texas Constitution, or a nonprofit
50-13 corporation, including a transportation corporation created under
50-14 Chapter 431.
50-15 (9) "Revenue" means the tolls, rents, and other money
50-16 received by an authority from the ownership or operation of a
50-17 turnpike project.
50-18 (10) "System" means a turnpike project or any
50-19 combination of turnpike projects designated as a system by the
50-20 board under Section 366.034.
50-21 (11) "Turnpike project" means a highway of any number
50-22 of lanes, with or without grade separations, owned or operated by
50-23 an authority under this chapter and any improvement, extension, or
50-24 expansion to that highway, including:
50-25 (A) an improvement to relieve traffic congestion
50-26 and promote safety;
50-27 (B) a bridge, tunnel, overpass, underpass,
51-1 interchange, service road, ramp, entrance plaza, approach, or
51-2 tollhouse;
51-3 (C) an administration, storage, or other
51-4 building the authority considers necessary to operate the turnpike
51-5 project;
51-6 (D) a service station, hotel, motel, restaurant,
51-7 parking area or structure, rest stop, park, and other improvement
51-8 or amenity an authority considers necessary, useful, or beneficial
51-9 for the operation of a turnpike project; and
51-10 (E) property rights, easements, and interests an
51-11 authority acquires to construct or operate the turnpike project.
51-12 Sec. 366.004. CONSTRUCTION COSTS DEFINED. (a) The cost of
51-13 acquisition, construction, improvement, extension, or expansion of
51-14 a turnpike project or system under this chapter includes the cost
51-15 of:
51-16 (1) the actual acquisition, construction, improvement,
51-17 extension, or expansion of the turnpike project or system;
51-18 (2) the acquisition of real property, rights-of-way,
51-19 property rights, easements, and other interests in real property;
51-20 (3) machinery and equipment;
51-21 (4) interest payable before, during, and after
51-22 acquisition, construction, improvement, extension, or expansion as
51-23 provided in the bond proceedings;
51-24 (5) traffic estimates, revenue estimates, engineering
51-25 and legal services, plans, specifications, surveys, appraisals,
51-26 construction cost estimates, and other expenses necessary or
51-27 incidental to determining the feasibility of the construction,
52-1 improvement, extension, or expansion;
52-2 (6) necessary or incidental administrative, legal, and
52-3 other expenses;
52-4 (7) compliance with laws, regulations, and
52-5 administrative rulings;
52-6 (8) financing; and
52-7 (9) expenses related to the initial operation of the
52-8 turnpike project or system.
52-9 (b) Costs attributable to a turnpike project or system and
52-10 incurred before the issuance of bonds to finance the turnpike
52-11 project or system may be reimbursed from the proceeds of sale of
52-12 the bonds.
52-13 (Sections 366.005-366.030 reserved for expansion
52-14 SUBCHAPTER B. CREATION AND POWERS OF REGIONAL TOLLWAY AUTHORITIES
52-15 Sec. 366.031. CREATION AND EXPANSION OF A REGIONAL TOLLWAY
52-16 AUTHORITY. (a) Two or more counties, acting through their
52-17 respective commissioners courts, may by order passed by each
52-18 commissioners court create a regional tollway authority under this
52-19 chapter if:
52-20 (1) one of the counties has a population of not less
52-21 than 1,500,000; and
52-22 (2) the counties form a contiguous territory.
52-23 (b) A commissioners court may by resolution petition an
52-24 established authority for inclusion in the authority if:
52-25 (1) the county is contiguous to the authority; or
52-26 (2) a turnpike project of the authority is situated in
52-27 or planned for the county.
53-1 (c) On approval of the board of an authority receiving a
53-2 petition under Subsection (b), the county becomes part of the
53-3 authority.
53-4 Sec. 366.032. NATURE OF REGIONAL TOLLWAY AUTHORITY. (a) An
53-5 authority created under this chapter is a body politic and
53-6 corporate and a political subdivision of this state.
53-7 (b) An authority is a governmental unit as that term is
53-8 defined in Chapter 101, Civil Practice and Remedies Code.
53-9 (c) The exercise by an authority of the powers conferred by
53-10 this chapter in the acquisition, design, financing, construction,
53-11 operation, and maintenance of a turnpike project or system is:
53-12 (1) in all respects for the benefit of the people of
53-13 the counties in which an authority operates and of the people of
53-14 this state, for the increase of their commerce and prosperity, and
53-15 for the improvement of their health, living conditions, and public
53-16 safety; and
53-17 (2) an essential governmental function of the state.
53-18 (d) The operations of an authority are governmental, not
53-19 proprietary, functions.
53-20 Sec. 366.033. GENERAL POWERS. (a) An authority, acting
53-21 through its board, may:
53-22 (1) adopt rules for the regulation of its affairs and
53-23 the conduct of its business;
53-24 (2) adopt an official seal;
53-25 (3) study, evaluate, design, acquire, construct,
53-26 maintain, repair, and operate turnpike projects, individually or as
53-27 one or more systems;
54-1 (4) acquire, hold, and dispose of property in the
54-2 exercise of its powers and the performance of its duties under this
54-3 chapter;
54-4 (5) enter into contracts or operating agreements with
54-5 similar authorities or agencies of the United States, a state of
54-6 the United States, the United Mexican States, or a state of the
54-7 United Mexican States;
54-8 (6) enter into contracts or agreements necessary or
54-9 incidental to its duties and powers under this chapter;
54-10 (7) cooperate and work directly with property owners
54-11 and governmental agencies and officials to support an activity
54-12 required to promote or develop a turnpike project or system;
54-13 (8) employ and set the compensation of administrators,
54-14 consulting engineers, attorneys, accountants, construction and
54-15 financial experts, superintendents, managers, full-time and
54-16 part-time employees, agents, consultants, and such other persons as
54-17 the authority considers necessary or useful;
54-18 (9) receive loans, gifts, grants, and other
54-19 contributions for the construction of a turnpike project or system
54-20 and receive contributions of money, property, labor, or other
54-21 things of value from any source, including the United States, a
54-22 state of the United States, the United Mexican States, a state of
54-23 the United Mexican States, the commission, the department, any
54-24 subdivision of the state, or any other local governmental or
54-25 private entity, to be used for the purposes for which the grants or
54-26 contributions are made, and enter into any agreement necessary for
54-27 the grants or contributions;
55-1 (10) install, construct, maintain, repair, renew,
55-2 relocate, and remove public utility facilities in, on, along, over,
55-3 or under a turnpike project;
55-4 (11) organize a corporation under Chapter 431 for the
55-5 promotion and development of turnpike projects and systems;
55-6 (12) adopt and enforce rules not inconsistent with
55-7 this chapter for the use of any turnpike project or system,
55-8 including traffic and other public safety rules;
55-9 (13) enter into leases, operating agreements, service
55-10 agreements, licenses, franchises, and similar agreements with
55-11 public or private parties governing the parties' use of all or any
55-12 portion of a turnpike project and the rights and obligations of the
55-13 authority with respect to a turnpike project; and
55-14 (14) do all things necessary or appropriate to carry
55-15 out the powers expressly granted by this chapter.
55-16 (b) Property comprising a part of a turnpike project or a
55-17 system is not subject to condemnation or the power of eminent
55-18 domain by any person, including a governmental entity.
55-19 (c) An authority may, if requested by the commission,
55-20 perform any function not specified by this chapter to promote or
55-21 develop turnpike projects and systems in this state.
55-22 (d) An authority may sue and be sued and plead and be
55-23 impleaded in its own name.
55-24 (e) An authority may rent, lease, franchise, license, or
55-25 otherwise make portions of its properties available for use by
55-26 others in furtherance of its powers under this chapter by
55-27 increasing the feasibility or the revenue of a turnpike project or
56-1 system.
56-2 (f) An authority and any local governmental entity may enter
56-3 into a contract under which the authority will operate a turnpike
56-4 project or system on behalf of the local governmental entity. The
56-5 payments to be made to an authority under the contract shall
56-6 constitute operating expenses of the facility or system that is to
56-7 be operated under the contract, and the contract may extend for a
56-8 number of years as the parties agree.
56-9 Sec. 366.034. ESTABLISHMENT OF TURNPIKE SYSTEMS. (a) If an
56-10 authority determines that the traffic needs of the counties in
56-11 which it operates and the traffic needs of the surrounding region
56-12 could be most efficiently and economically met by jointly operating
56-13 two or more turnpike projects as one operational and financial
56-14 enterprise, it may create a system comprised of those turnpike
56-15 projects. An authority may create more than one system and may
56-16 combine two or more systems into one system. An authority may
56-17 finance, acquire, construct, and operate additional turnpike
56-18 projects as additions to and expansions of a system if the
56-19 authority determines that the turnpike project could most
56-20 efficiently and economically be acquired and constructed if it were
56-21 a part of the system and that the addition will benefit the system.
56-22 (b) The revenue of a system shall be accounted for
56-23 separately and may not be commingled with the revenue of a turnpike
56-24 project that is not a part of the system or with the revenue of
56-25 another system.
56-26 Sec. 366.035. CONVERSION OF STATE HIGHWAY SYSTEM PROJECTS.
56-27 (a) If the commission determines that the most feasible and
57-1 economic means to accomplish necessary expansion, improvements, or
57-2 extensions to the state highway system is the conversion to a
57-3 turnpike project of a segment of the free state highway system, any
57-4 segment located in a county of an authority or a county in which an
57-5 authority operates a turnpike project or in any county adjacent to
57-6 those counties may, on approval of the governor and the affected
57-7 authority, be transferred by order of the commission to that
57-8 authority. An authority that receives the segment of highway may
57-9 own, operate, and maintain the segment as a turnpike project or
57-10 system or a part of a turnpike project or system under this
57-11 chapter.
57-12 (b) An authority shall reimburse the commission for the cost
57-13 of a transferred highway, unless the commission determines that the
57-14 transfer will result in substantial net benefits to the state, the
57-15 department, and the traveling public that exceed that cost. The
57-16 cost includes the total amount expended by the department for the
57-17 original construction of the highway, including all costs
57-18 associated with the preliminary engineering and design engineering
57-19 for plans, specifications, and estimates, the acquisition of
57-20 necessary rights-of-way, and actual construction of the highway and
57-21 all necessary appurtenant facilities. Costs anticipated to be
57-22 expended to expand, improve, or extend the highway shall be
57-23 deducted from the costs to be reimbursed to the commission.
57-24 (c) The commission shall, at the time of a transfer, remove
57-25 the segment of highway from the state highway system. After a
57-26 transfer the commission has no liability, responsibility, or duty
57-27 for the maintenance or operation of the highway.
58-1 (d) Before transferring a segment of the state highway
58-2 system under this section, the commission shall conduct a public
58-3 hearing to receive comments from interested persons concerning the
58-4 proposed transfer. Notice of the hearing must be published in the
58-5 Texas Register, one or more newspapers of general circulation in
58-6 the counties in which the segment is located, and a newspaper, if
58-7 any, published in the counties of the applicable authority.
58-8 (e) The commission shall adopt rules implementing this
58-9 section. The rules shall include criteria and guidelines for the
58-10 approval of a transfer of a highway.
58-11 (f) An authority shall adopt rules providing criteria and
58-12 guidelines for approving the acceptance of a highway under this
58-13 section.
58-14 (Sections 366.036-366.070 reserved for expansion
58-15 SUBCHAPTER C. FEASIBILITY OF REGIONAL TURNPIKE PROJECTS
58-16 Sec. 366.071. EXPENDITURES FOR FEASIBILITY STUDIES. (a) An
58-17 authority may pay the expenses of studying the cost and
58-18 feasibility and any other expenses relating to the preparation and
58-19 issuance of bonds for a proposed turnpike project or system by:
58-20 (1) using legally available revenue derived from an
58-21 existing turnpike project or system;
58-22 (2) borrowing money and issuing bonds or entering into
58-23 a loan agreement payable out of legally available revenue
58-24 anticipated to be derived from the operation of an existing
58-25 turnpike project or system; or
58-26 (3) pledging to the payment of the bonds or loan
58-27 agreements legally available revenue anticipated to be derived from
59-1 the operation of an existing turnpike project or system or revenue
59-2 legally available to the authority from another source.
59-3 (b) Money spent under this section for a proposed turnpike
59-4 project or system must be reimbursed to the turnpike project or
59-5 system from which the money was spent from the proceeds of bonds
59-6 issued for the acquisition and construction of the proposed
59-7 turnpike project or system.
59-8 (c) The use of any money of a turnpike project or system to
59-9 study the feasibility of another turnpike project or system or used
59-10 to repay any money used for that purpose does not constitute an
59-11 operating expense of the turnpike project or system producing the
59-12 revenue and may only be paid from the surplus money of the turnpike
59-13 project or system.
59-14 Sec. 366.072. FEASIBILITY STUDY FUND. (a) An authority may
59-15 maintain a feasibility study fund. The fund is a revolving fund
59-16 held in trust by a banking institution chosen by the authority and
59-17 shall be kept separate from the money for any turnpike project or
59-18 system.
59-19 (b) An authority may transfer an amount from a surplus fund
59-20 established for a turnpike project or system to the authority's
59-21 feasibility study fund if the remainder of the surplus fund is not
59-22 less than any minimum amount required by the bond proceedings to be
59-23 retained for that turnpike project or system.
59-24 (c) Money in the feasibility study fund may be used only to
59-25 pay the expenses of studying the cost and feasibility and any other
59-26 expenses relating to:
59-27 (1) the preparation and issuance of bonds for the
60-1 acquisition and construction of a proposed turnpike project or
60-2 system;
60-3 (2) the financing of the improvement, extension, or
60-4 expansion of an existing turnpike project or system; and
60-5 (3) private participation, as authorized by law, in
60-6 the financing of a proposed turnpike project or system, the
60-7 refinancing of an existing turnpike project or system, or the
60-8 improvement, extension, or expansion of a turnpike project or
60-9 system.
60-10 (d) Money spent under Subsection (c) for a proposed turnpike
60-11 project or system must be reimbursed from the proceeds of turnpike
60-12 revenue bonds issued for, or other proceeds that may be used for,
60-13 the acquisition, construction, improvement, extension, expansion,
60-14 or operation of the turnpike project or system.
60-15 (e) For a purpose described by Subsection (c), an authority
60-16 may borrow money and issue promissory notes or other
60-17 interest-bearing evidences of indebtedness payable out of its
60-18 feasibility study fund, pledging money in the fund or to be placed
60-19 in the fund.
60-20 Sec. 366.073. FEASIBILITY STUDY BY MUNICIPALITY, COUNTY,
60-21 OTHER LOCAL GOVERNMENTAL ENTITY, OR PRIVATE GROUP. (a) One or
60-22 more municipalities, counties, or local governmental entities, a
60-23 combination of municipalities, counties, and local governmental
60-24 entities, or a private group or combination of individuals in this
60-25 state may pay all or part of the expenses of studying the cost and
60-26 feasibility and any other expenses relating to:
60-27 (1) the preparation and issuance of bonds for the
61-1 acquisition and construction of a proposed turnpike project or
61-2 system by an authority;
61-3 (2) the improvement, extension, or expansion of an
61-4 authority's existing turnpike project or system; or
61-5 (3) the use of private participation under applicable
61-6 law in connection with the acquisition, construction, improvement,
61-7 expansion, extension, maintenance, repair, or operation of a
61-8 turnpike project or system by an authority.
61-9 (b) Money spent under Subsection (a) for an authority's
61-10 proposed turnpike project or system is reimbursable without
61-11 interest and with the consent of the authority to the person paying
61-12 the expenses described in Subsection (a) out of the proceeds from
61-13 turnpike revenue bonds issued for or other proceeds that may be
61-14 used for the acquisition, construction, improvement, extension,
61-15 expansion, or operation of the turnpike project or system.
61-16 (Sections 366.074-366.110 reserved for expansion
61-17 SUBCHAPTER D. TURNPIKE FINANCING
61-18 Sec. 366.111. TURNPIKE REVENUE BONDS. (a) An authority, by
61-19 adoption of a bond resolution, may authorize the issuance of bonds
61-20 to pay all or part of the cost of a turnpike project or system, to
61-21 refund any bonds previously issued for the turnpike project or
61-22 system, or to pay for all or part of the cost of a turnpike project
61-23 or system that will become a part of another system.
61-24 (b) As determined in the bond resolution, the bonds of each
61-25 issue shall:
61-26 (1) be dated;
61-27 (2) bear interest at the rate or rates and beginning
62-1 on the dates, as authorized by law, or bear no interest;
62-2 (3) mature at the time or times, not exceeding 40
62-3 years from their date or dates; and
62-4 (4) be made redeemable before maturity at the price or
62-5 prices and under the terms provided by the bond resolution.
62-6 (c) An authority may sell the bonds at public or private
62-7 sale in the manner and for the price it determines to be in the
62-8 best interest of the authority.
62-9 (d) The proceeds of each bond issue shall be disbursed in
62-10 the manner and under the restrictions, if any, the authority
62-11 provides in the bond resolution.
62-12 (e) Additional bonds may be issued in the same manner to pay
62-13 the costs of a turnpike project or system. Unless otherwise
62-14 provided in the bond resolution, the additional bonds shall be on a
62-15 parity, without preference or priority, with bonds previously
62-16 issued and payable from the revenue of the turnpike project or
62-17 system. In addition, an authority may issue bonds for a turnpike
62-18 project or system secured by a lien on the revenue of the turnpike
62-19 project or system subordinate to the lien on the revenue securing
62-20 other bonds issued for the turnpike project or system.
62-21 (f) If the proceeds of a bond issue exceed the cost of the
62-22 turnpike project or system for which the bonds were issued, the
62-23 surplus shall be segregated from the other money of the authority
62-24 and used only for the purposes specified in the bond resolution.
62-25 (g) Bonds issued and delivered under this chapter and
62-26 interest coupons on the bonds are a security under Chapter 8,
62-27 Business & Commerce Code.
63-1 (h) Bonds issued under this chapter and income from the
63-2 bonds, including any profit made on the sale or transfer of the
63-3 bonds, are exempt from taxation in this state.
63-4 Sec. 366.112. INTERIM BONDS. (a) An authority may, before
63-5 issuing definitive bonds, issue interim bonds, with or without
63-6 coupons, exchangeable for definitive bonds.
63-7 (b) The interim bonds may be authorized and issued in
63-8 accordance with this chapter, without regard to the requirements,
63-9 restrictions, or procedural provisions contained in any other law.
63-10 (c) A bond resolution authorizing interim bonds may provide
63-11 that the interim bonds recite that the bonds are issued under this
63-12 chapter. The recital is conclusive evidence of the validity and
63-13 the regularity of the bonds' issuance.
63-14 Sec. 366.113. PAYMENT OF BONDS; STATE AND COUNTY CREDIT NOT
63-15 PLEDGED. (a) The principal of, interest on, and any redemption
63-16 premium on bonds issued by an authority are payable solely from:
63-17 (1) the revenue of the turnpike project or system for
63-18 which the bonds are issued, including tolls pledged to pay the
63-19 bonds;
63-20 (2) payments made under an agreement with the
63-21 commission or a local governmental entity as provided by Subchapter
63-22 G;
63-23 (3) money derived from any other source available to
63-24 the authority, other than money derived from a turnpike project
63-25 that is not part of the same system or money derived from a
63-26 different system, except to the extent that the surplus revenue of
63-27 a turnpike project or system has been pledged for that purpose; and
64-1 (4) amounts received under a credit agreement relating
64-2 to the turnpike project or system for which the bonds are issued.
64-3 (b) Bonds issued under this chapter do not constitute a debt
64-4 of the state or any of the counties of an authority or a pledge of
64-5 the faith and credit of the state or any of the counties. Each
64-6 bond must contain on its face a statement to the effect that the
64-7 state, the authority, and the counties of the authority are not
64-8 obligated to pay the bond or the interest on the bond from a source
64-9 other than the amount pledged to pay the bond and the interest on
64-10 the bond, and neither the faith and credit and taxing power of the
64-11 state or the counties of the authority are pledged to the payment
64-12 of the principal of or interest on the bond.
64-13 (c) An authority may not incur financial obligations that
64-14 cannot be paid from revenue derived from owning or operating the
64-15 authority's turnpike projects and systems or from other revenue
64-16 provided by law.
64-17 Sec. 366.114. EFFECT OF LIEN. (a) A lien on or a pledge of
64-18 revenue from a turnpike project or system under this chapter or on
64-19 a reserve, replacement, or other fund established in connection
64-20 with a bond issued under this chapter:
64-21 (1) is enforceable at the time of payment for and
64-22 delivery of the bond;
64-23 (2) applies to an item on hand or subsequently
64-24 received;
64-25 (3) applies without physical delivery of an item or
64-26 other act; and
64-27 (4) is enforceable against any person having any
65-1 claim, in tort, contract, or other remedy, against the applicable
65-2 authority without regard to whether the person has notice of the
65-3 lien or pledge.
65-4 (b) A bond resolution is not required to be recorded except
65-5 in the regular records of the authority.
65-6 Sec. 366.115. BOND INDENTURE. (a) Bonds issued under this
65-7 chapter may be secured by a bond indenture between the authority
65-8 and a corporate trustee that is a trust company or a bank that has
65-9 the powers of a trust company.
65-10 (b) A bond indenture may pledge or assign the tolls and
65-11 other revenue to be received but may not convey or mortgage any
65-12 part of a turnpike project or system.
65-13 (c) A bond indenture may:
65-14 (1) set forth the rights and remedies of the
65-15 bondholders and the trustee;
65-16 (2) restrict the individual right of action by
65-17 bondholders as is customary in trust agreements or indentures of
65-18 trust securing corporate bonds and debentures; and
65-19 (3) contain provisions the authority determines
65-20 reasonable and proper for the security of the bondholders,
65-21 including covenants:
65-22 (A) establishing the authority's duties relating
65-23 to:
65-24 (i) the acquisition of property;
65-25 (ii) the construction, maintenance,
65-26 operation, and repair of and insurance for a turnpike project or
65-27 system; and
66-1 (iii) custody, safeguarding, and
66-2 application of money;
66-3 (B) prescribing events that constitute default;
66-4 (C) prescribing terms on which any or all of the
66-5 bonds become or may be declared due before maturity; and
66-6 (D) relating to the rights, powers, liabilities,
66-7 or duties that arise on the breach of an authority's duty.
66-8 (d) The expenses incurred in carrying out a trust agreement
66-9 may be treated as part of the cost of operating the turnpike
66-10 project.
66-11 (e) In addition to all other rights by mandamus or other
66-12 court proceeding, an owner or trustee of a bond issued under this
66-13 chapter may enforce the owner's rights against an issuing
66-14 authority, the authority's employees, the authority's board, or an
66-15 agent or employee of the authority's board and is entitled to:
66-16 (1) require the authority and the board to impose and
66-17 collect tolls, charges, and other revenue sufficient to carry out
66-18 any agreement contained in the bond proceedings; and
66-19 (2) apply for and obtain the appointment of a receiver
66-20 for the turnpike project or system.
66-21 Sec. 366.116. APPROVAL OF BONDS BY ATTORNEY GENERAL.
66-22 (a) An authority shall submit to the attorney general for
66-23 examination a transcript of proceedings relating to bonds
66-24 authorized under this chapter. The transcript shall include the
66-25 bond proceedings and any contract securing or providing revenue for
66-26 the payment of the bonds.
66-27 (b) If the attorney general determines that the bonds, the
67-1 bond proceedings, and any supporting contract are authorized by
67-2 law, the attorney general shall approve the bonds and deliver to
67-3 the comptroller:
67-4 (1) a copy of the legal opinion of the attorney
67-5 general stating the approval; and
67-6 (2) the record of proceedings relating to the
67-7 authorization of the bonds.
67-8 (c) On receipt of the legal opinion of the attorney general
67-9 and the record of proceedings relating to the authorization of the
67-10 bonds, the comptroller shall register the record of proceedings.
67-11 (d) After approval by the attorney general, the bonds, the
67-12 bond proceedings, and any supporting contract are valid,
67-13 enforceable, and incontestable in any court or other forum for any
67-14 reason and are binding obligations according to their terms for all
67-15 purposes.
67-16 Sec. 366.117. FURNISHING OF INDEMNIFYING BONDS OR PLEDGES OF
67-17 SECURITIES. (a) A bank or trust company incorporated under the
67-18 laws of this state that acts as depository of the proceeds of bonds
67-19 or of revenue may furnish indemnifying bonds or pledge securities
67-20 that an authority requires.
67-21 (b) Bonds of an authority may secure the deposit of public
67-22 money of the state or a political subdivision of the state to the
67-23 extent of the lesser of the face value of the bonds or their market
67-24 value.
67-25 Sec. 366.118. APPLICABILITY OF OTHER LAW; CONFLICTS. All
67-26 laws affecting the issuance of bonds by local governmental
67-27 entities, including Chapter 656, Acts of the 68th Legislature,
68-1 Regular Session, 1983 (Article 717q, Vernon's Texas Civil
68-2 Statutes), Chapter 3, Acts of the 61st Legislature, Regular
68-3 Session, 1969 (Article 717k-2, Vernon's Texas Civil Statutes), the
68-4 Bond Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil
68-5 Statutes), and Chapter 53, Acts of the 70th Legislature, 2nd Called
68-6 Session, 1987 (Article 717k-8, Vernon's Texas Civil Statutes),
68-7 apply to bonds issued under this chapter. To the extent of a
68-8 conflict between those laws and this chapter, the provisions of
68-9 this chapter prevail.
68-10 (Sections 366.119-366.160 reserved for expansion
68-11 SUBCHAPTER E. ACQUISITION, CONSTRUCTION, AND OPERATION
68-12 OF TURNPIKE PROJECTS
68-13 Sec. 366.161. TURNPIKE PROJECTS EXTENDING INTO OTHER
68-14 COUNTIES. An authority may acquire, construct, operate, maintain,
68-15 expand, or extend a turnpike project in:
68-16 (1) a county that is a part of the authority;
68-17 (2) a county in which the authority operates or is
68-18 constructing a turnpike project if the turnpike project in the
68-19 affected county is a continuation of the authority's turnpike
68-20 project or system extending from an adjacent county; or
68-21 (3) a county in which the authority operates or is
68-22 constructing a turnpike project that is not a continuation of the
68-23 authority's turnpike project or system if the commissioners court
68-24 of the county and the commission have approved the project.
68-25 Sec. 366.162. POWERS AND PROCEDURES OF AUTHORITY IN
68-26 ACQUIRING PROPERTY. (a) An authority may construct or improve a
68-27 turnpike project on real property, including a right-of-way
69-1 acquired by the authority or provided to the authority for that
69-2 purpose by the commission, a political subdivision of this state,
69-3 or any other local governmental entity.
69-4 (b) Except as provided by this chapter, an authority has the
69-5 same powers and may use the same procedures as the commission in
69-6 acquiring property.
69-7 Sec. 366.163. ACQUISITION OF PROPERTY. (a) An authority
69-8 may acquire in the name of the authority public or private real
69-9 and other property it determines necessary or convenient for the
69-10 design, financing, construction, operation, maintenance, expansion,
69-11 or extension of a turnpike project or for otherwise carrying out
69-12 this chapter.
69-13 (b) The property an authority may acquire under this
69-14 subchapter includes all or any portion of, and rights in and to:
69-15 (1) public or private land, streets, alleys,
69-16 rights-of-way, parks, playgrounds, and reservations;
69-17 (2) franchises;
69-18 (3) easements;
69-19 (4) licenses; and
69-20 (5) other interests in real and other property.
69-21 (c) An authority may acquire real property by any method,
69-22 including purchase and condemnation. An authority may purchase
69-23 public or private real property on the terms and at the price the
69-24 authority and the property owner consider reasonable.
69-25 Sec. 366.164. RIGHT OF ENTRY. (a) To acquire property
69-26 necessary or useful in connection with a turnpike project, an
69-27 authority may enter any real property, water, or premises to make a
70-1 survey, geotechnical evaluation, sounding, or examination.
70-2 (b) An entry under Subsection (a) is not:
70-3 (1) a trespass; or
70-4 (2) an entry under a pending condemnation proceeding.
70-5 Sec. 366.165. CONDEMNATION OF REAL PROPERTY. (a) Subject
70-6 to Subsection (c), an authority may acquire public or private real
70-7 property in the name of the authority by the exercise of the power
70-8 of condemnation under the laws applicable to the exercise of that
70-9 power on property for public use if:
70-10 (1) the authority and the property owner cannot agree
70-11 on a reasonable price for the property; or
70-12 (2) the property owner is legally incapacitated,
70-13 absent, unknown, or unable to convey title.
70-14 (b) An authority may condemn real property that the
70-15 authority determines is:
70-16 (1) necessary or appropriate to construct or to
70-17 efficiently operate a turnpike project;
70-18 (2) necessary to restore public or private property
70-19 damaged or destroyed;
70-20 (3) necessary for access, approach, and interchange
70-21 roads;
70-22 (4) necessary for supplemental facilities of the
70-23 authority;
70-24 (5) necessary to provide proper drainage and ground
70-25 slope for a turnpike project; or
70-26 (6) necessary otherwise to implement this chapter.
70-27 (c) An authority's acquisition of any real or other property
71-1 of the commission under this section or any other section of this
71-2 chapter, or an authority's relocation, rerouting, disruption, or
71-3 alteration of any facility of the commission is considered a
71-4 conversion of a state highway under Section 366.035 and is subject
71-5 to all requirements and approvals of a conversion under that
71-6 section.
71-7 Sec. 366.166. DECLARATION OF TAKING. (a) An authority may
71-8 file a declaration of taking with the clerk of the court:
71-9 (1) in which the authority files a condemnation
71-10 petition under Chapter 21, Property Code; or
71-11 (2) to which the case is assigned.
71-12 (b) An authority may file the declaration of taking
71-13 concurrently with or subsequent to the petition, but may not file
71-14 the declaration after the special commissioners have made an award
71-15 in the condemnation proceeding.
71-16 (c) The declaration of taking must include:
71-17 (1) a specific reference to the legislative authority
71-18 for the condemnation;
71-19 (2) a description and plot plan of the real property
71-20 to be condemned, including the following information if applicable:
71-21 (A) the municipality in which the property is
71-22 located;
71-23 (B) the street address of the property; and
71-24 (C) the lot and block number of the property;
71-25 (3) a statement of the property interest to be
71-26 condemned;
71-27 (4) the name and address of each property owner that
72-1 the authority can obtain after reasonable investigation and a
72-2 description of the owner's interest in the property; and
72-3 (5) a statement that immediate possession of all or
72-4 part of the property to be condemned is necessary for the timely
72-5 construction of a turnpike project.
72-6 (d) A deposit to the registry of the court of an amount
72-7 equal to the appraised fair market value, as determined by the
72-8 authority, of the property to be condemned and any damages to the
72-9 remainder must accompany the declaration of taking.
72-10 (e) Instead of the deposit under Subsection (d), at its
72-11 option, the authority may, concurrently with the declaration of a
72-12 taking, tender in favor of the owner of the subject property a bond
72-13 or other security in an amount sufficient to secure the owner for
72-14 the value of the property taken and damages to remaining property,
72-15 if the authority obtains the court's approval.
72-16 (f) The date on which the declaration is filed is the date
72-17 of taking for the purpose of assessing the value of the property
72-18 taken and damages to any remaining property to which an owner is
72-19 entitled.
72-20 (g) An owner may draw upon the deposit held by the court
72-21 under Subsection (d) on the same terms and conditions as are
72-22 applicable under state law to a property owner's withdrawal of a
72-23 commissioners' award deposited under Section 21.021(a)(1), Property
72-24 Code.
72-25 (h) A property owner that is a defendant in an eminent
72-26 domain action filed by an authority under this chapter has 20 days
72-27 after the date of service of process of both a condemnation
73-1 petition and a notice of declaration of taking to give notice to
73-2 the court in which the action is pending of the defendant's desire
73-3 to have the condemnation petition placed on the court's docket in
73-4 the same manner as other cases pending in the court. On receipt of
73-5 timely notice from the defendant, the court in which the eminent
73-6 domain action is pending shall place the case on its docket in the
73-7 same manner as other cases pending in the court.
73-8 Sec. 366.167. POSSESSION OF PROPERTY. (a) Immediately on
73-9 the filing of a declaration of taking, an authority shall serve a
73-10 copy of the declaration on each person possessing an interest in
73-11 the condemned property by a method prescribed by Section 21.016(d),
73-12 Property Code. The authority shall file evidence of the service
73-13 with the clerk of the court. On filing of that evidence, the
73-14 authority may take possession of the property on the same terms as
73-15 if a commissioners hearing had been conducted, pending the
73-16 litigation.
73-17 (b) If the condemned property is a homestead or a portion of
73-18 a homestead as defined by Section 41.002, Property Code, an
73-19 authority may not take possession before the 31st day after the
73-20 date of service under Subsection (a).
73-21 (c) A property owner or tenant who refuses to vacate the
73-22 property or yield possession is subject to forcible entry and
73-23 detainer under Chapter 24, Property Code.
73-24 Sec. 366.168. SEVERANCE OF REAL PROPERTY. (a) If an
73-25 authority's turnpike project severs a property owner's real
73-26 property, the authority shall pay:
73-27 (1) the value of the property acquired; and
74-1 (2) the damages, if any, to the remainder of the
74-2 owner's property caused by the severance, including damages caused
74-3 by the inaccessibility of one tract from the other.
74-4 (b) At its option, an authority may negotiate for and
74-5 purchase the severed real property or any part of the severed real
74-6 property if the authority and the property owner agree on terms for
74-7 the purchase. An authority may sell and dispose of severed real
74-8 property that it determines is not necessary or useful to the
74-9 authority. Severed property must be appraised before being offered
74-10 for sale by an authority.
74-11 Sec. 366.169. ACQUISITION OF RIGHTS IN PUBLIC REAL PROPERTY.
74-12 (a) An authority may use real property, including submerged land,
74-13 streets, alleys, and easements, owned by the state or a local
74-14 governmental entity that the authority considers necessary for the
74-15 construction or operation of a turnpike project.
74-16 (b) The state or a local governmental entity having charge
74-17 of public real property may consent to the use of the property for
74-18 a turnpike project.
74-19 (c) Except as provided by Section 366.035, the state or a
74-20 local governmental entity may convey, grant, or lease to an
74-21 authority real property, including highways and other real property
74-22 already devoted to public use and rights or easements in real
74-23 property, that may be necessary or convenient to accomplish the
74-24 authority's purposes, including the construction or operation of a
74-25 turnpike project.
74-26 (d) This section does not deprive the School Land Board of
74-27 the power to execute leases for the development of oil, gas, and
75-1 other minerals on state-owned real property adjoining a turnpike
75-2 project or in tidewater limits. The leases may provide for
75-3 directional drilling from the adjoining property or tidewater area.
75-4 Sec. 366.170. COMPENSATION FOR AND RESTORATION OF PUBLIC
75-5 PROPERTY. (a) Except as provided by Section 366.035 or Section
75-6 366.165(c), an authority may not pay compensation for public real
75-7 property, parkways, streets, highways, alleys, or reservations it
75-8 takes, except for parks and playgrounds or as provided by this
75-9 chapter.
75-10 (b) Public property damaged in the exercise of powers
75-11 granted by this chapter shall be restored or repaired and placed in
75-12 its original condition as nearly as practicable.
75-13 (c) An authority has full easements and rights-of-way
75-14 through, across, under, and over any property owned by the state or
75-15 any local governmental entity that are necessary or convenient to
75-16 construct, acquire, or efficiently operate a turnpike project or
75-17 system under this chapter.
75-18 Sec. 366.171. PUBLIC UTILITY FACILITIES. (a) An authority
75-19 may adopt rules for the installation, construction, operation,
75-20 maintenance, repair, renewal, relocation, and removal of a public
75-21 utility facility in, on, along, over, or under a turnpike project.
75-22 (b) If an authority determines it is necessary that a public
75-23 utility facility located in, on, along, over, or under a turnpike
75-24 project be relocated in the turnpike project, removed from the
75-25 turnpike project, or carried along or across the turnpike project
75-26 by grade separation, the owner or operator of the utility facility
75-27 shall relocate or remove the facility in accordance with the
76-1 requirements of the authority and in a manner that does not impede
76-2 the design, financing, construction, operation, or maintenance of
76-3 the turnpike project. The authority, as a part of the cost of the
76-4 turnpike project or the cost of operating the turnpike project,
76-5 shall pay the cost of the relocation, removal, or grade separation,
76-6 including the cost of:
76-7 (1) installation of the facility in a new location;
76-8 (2) interests in real property and other rights
76-9 acquired to accomplish the relocation or removal; and
76-10 (3) maintenance of grade separation structures.
76-11 (c) The authority may reduce the total costs to be paid by
76-12 the authority under Subsection (b) by 10 percent for each 30-day
76-13 period or portion of a 30-day period by which the relocation
76-14 exceeds the limit specified by the authority. If an owner or
76-15 operator of a public utility facility does not timely remove or
76-16 relocate as required under Subsection (b), the authority may do so
76-17 at the expense of the public utility. If the authority determines
76-18 that a delay in relocation is the result of circumstances beyond
76-19 the control of the utility, full costs shall be paid by the
76-20 authority.
76-21 (d) Chapter 228, Acts of the 51st Legislature, Regular
76-22 Session, 1949 (Article 1436a, Vernon's Texas Civil Statutes),
76-23 applies to the erection, construction, maintenance, and operation
76-24 of lines and poles owned by a corporation described by Section 1 of
76-25 that Act over, under, across, on, and along a turnpike project or
76-26 system constructed by an authority. An authority has the powers
76-27 and duties delegated to the commissioners court by that Act, and an
77-1 authority has exclusive jurisdiction and control of utilities
77-2 located in its rights-of-way.
77-3 (e) The laws of this state applicable to the use of public
77-4 roads, streets, and waters by a telephone and telegraph corporation
77-5 apply to the erection, construction, maintenance, location, and
77-6 operation of a line, pole, or other fixture by a telephone and
77-7 telegraph corporation over, under, across, on, and along a turnpike
77-8 project or system constructed by an authority under this chapter.
77-9 (f) In this section "public utility facility" means a track,
77-10 pipe, main, conduit, cable, wire, tower, pole, or other item of
77-11 plant or equipment or an appliance of a public utility or other
77-12 person.
77-13 Sec. 366.172. LEASE, SALE, OR CONVEYANCE OF TURNPIKE
77-14 PROJECT. (a) An authority may lease, sell, or convey in another
77-15 manner a turnpike project to the department, a county, or a local
77-16 government corporation created under Chapter 431.
77-17 (b) An agreement to lease, sell, or convey a turnpike
77-18 project under this section must provide for the discharge and final
77-19 payment or redemption of the authority's outstanding bonded
77-20 indebtedness for the turnpike project and may not be prohibited
77-21 under the bond proceedings applicable to the system, if any, of
77-22 which the turnpike project is a part.
77-23 Sec. 366.173. REVENUE. (a) An authority may:
77-24 (1) impose tolls for the use of each of its turnpike
77-25 projects and systems and the different parts or sections of each
77-26 of its turnpike projects and systems; and
77-27 (2) contract with a person for the use of part of a
78-1 turnpike project or system or lease or sell part of a turnpike
78-2 project or system, including the right-of-way adjoining the paved
78-3 portion, for any purpose, including placing on the adjoining
78-4 right-of-way a gas station, garage, store, hotel, restaurant,
78-5 parking facility, railroad track, billboard, livestock pasturage,
78-6 telephone line or facility, telecommunication line or facility,
78-7 data transmission line or facility, and electric line or facility,
78-8 under terms set by the authority.
78-9 (b) Tolls must be set so that the aggregate of tolls from an
78-10 authority's turnpike project or system, together with other revenue
78-11 of the turnpike project or system:
78-12 (1) provides revenue sufficient to pay:
78-13 (A) the cost of maintaining, repairing, and
78-14 operating the turnpike project or system; and
78-15 (B) the principal of and interest on the bonds
78-16 issued for the turnpike project or system as those bonds become due
78-17 and payable; and
78-18 (2) creates a reserve for a purpose listed under
78-19 Subdivision (1).
78-20 (c) Tolls are not subject to supervision or regulation by
78-21 any state agency or other local governmental entity.
78-22 (d) Tolls and other revenue derived from a turnpike project
78-23 or system for which bonds are issued, except the part necessary to
78-24 pay the cost of maintenance, repair, and operation and to provide
78-25 reserves for those costs as may be provided in the bond
78-26 proceedings, shall be set aside at regular intervals as may be
78-27 provided in the bond resolution or trust agreement in a sinking
79-1 fund that is pledged to and charged with the payment of:
79-2 (1) interest on the bonds as it becomes due;
79-3 (2) principal of the bonds as it becomes due;
79-4 (3) necessary charges of paying agents for paying
79-5 principal and interest; and
79-6 (4) the redemption price or the purchase price of
79-7 bonds retired by call or purchase as provided by the bond
79-8 proceedings.
79-9 (e) Use and disposition of money to the credit of the
79-10 sinking fund is subject to the bond proceedings.
79-11 (f) To the extent permitted under the applicable bond
79-12 proceedings, revenue from one turnpike project of an authority may
79-13 be used to pay the cost of other turnpike projects of the
79-14 authority.
79-15 Sec. 366.174. AUTHORITY REVOLVING FUND. (a) An authority
79-16 may maintain a revolving fund to be held in trust by a banking
79-17 institution chosen by the authority separate from any other funds
79-18 and administered by the authority's board.
79-19 (b) An authority may transfer into its revolving fund money
79-20 from any permissible source, including:
79-21 (1) money from a turnpike project if the transfer does
79-22 not diminish the money available for the project or the system to
79-23 less than an amount required to be retained by the bond proceedings
79-24 pertaining to the project or system;
79-25 (2) money received by the authority from any source
79-26 and not otherwise committed, including money from the transfer of a
79-27 turnpike project or system or sale of authority assets;
80-1 (3) advances authorized under Section 52-b, Article
80-2 III, Texas Constitution; and
80-3 (4) contributions, loans, grants, or assistance from
80-4 the United States, another state, a political subdivision of this
80-5 state, a foreign governmental entity, including the United Mexican
80-6 States or a state of the United Mexican States, a local
80-7 governmental entity, any private enterprise, or any person.
80-8 (c) The authority may use money in the revolving fund to:
80-9 (1) finance the acquisition, construction,
80-10 maintenance, or operation of a turnpike project or system,
80-11 including the extension, expansion, or improvement of a project or
80-12 system;
80-13 (2) provide matching money required in connection with
80-14 any federal, state, local, or private aid, grant, or other funding,
80-15 including aid or funding by or with public-private partnerships;
80-16 (3) provide credit enhancement either directly or
80-17 indirectly for bonds issued to acquire, construct, extend, expand,
80-18 or improve a turnpike project or system;
80-19 (4) provide security for or payment of future or
80-20 existing debt for the design, acquisition, construction, operation,
80-21 maintenance, extension, expansion, or improvement of a turnpike
80-22 project or system;
80-23 (5) borrow money and issue promissory notes or other
80-24 indebtedness payable out of the revolving fund for any purpose
80-25 authorized by this chapter; and
80-26 (6) provide for any other reasonable purpose that
80-27 assists in the financing of an authority as authorized by this
81-1 chapter.
81-2 (d) Money spent or advanced from the revolving fund for a
81-3 turnpike project or system must be reimbursed from the money of
81-4 that turnpike project or system, and there must be a reasonable
81-5 expectation of such repayment at the time of authorization.
81-6 Sec. 366.175. USE OF SURPLUS REVENUE. The board of an
81-7 authority may by resolution authorize the use of surplus revenue
81-8 of a turnpike project or system to pay the costs of another
81-9 turnpike project or system other than a project financed under
81-10 Subchapter G. The board may in the resolution prescribe terms for
81-11 the use of the revenue, including the pledge of the revenue, but
81-12 may not take an action under this section that violates, impairs,
81-13 or is inconsistent with a bond resolution, trust agreement, or
81-14 indenture governing the use of the surplus revenue.
81-15 Sec. 366.176. EXEMPTION FROM TAXATION OR ASSESSMENT.
81-16 (a) An authority is exempt from taxation of or assessments on:
81-17 (1) a turnpike project or system;
81-18 (2) property the authority acquires or uses under this
81-19 chapter; or
81-20 (3) income from property described by Subdivision (1)
81-21 or (2).
81-22 (b) An authority is exempt from payment of development fees,
81-23 utility connection fees, assessments, and service fees imposed or
81-24 assessed by a county, municipality, road and utility district,
81-25 river authority, any other state or local governmental entity, or
81-26 any property owners' or homeowners' association.
81-27 Sec. 366.177. ACTIONS AFFECTING EXISTING ROADS. (a) An
82-1 authority may impose a toll for transit over an existing free
82-2 road, street, or public highway transferred to the authority under
82-3 this chapter.
82-4 (b) An authority may construct a grade separation at an
82-5 intersection of a turnpike project with a railroad or highway and
82-6 change the line or grade of a highway to accommodate the design of
82-7 the grade separation. The action may not affect a segment of the
82-8 state highway system without the department's consent. The
82-9 authority shall pay the cost of a grade separation and any damage
82-10 incurred in changing a line or grade of a railroad or highway as
82-11 part of the cost of the turnpike project.
82-12 (c) If feasible, an authority shall provide access to
82-13 properties previously abutting a county or other public road that
82-14 is taken for a turnpike project and shall pay abutting property
82-15 owners the expenses or any resulting damages for a denial of access
82-16 to the road.
82-17 Sec. 366.178. FAILURE OR REFUSAL TO PAY TOLL. (a) A motor
82-18 vehicle other than a police or emergency vehicle that passes
82-19 through a toll collection facility, whether driven or towed, shall
82-20 pay the proper toll.
82-21 (b) A person who fails or refuses to pay a toll provided for
82-22 the use of a project is liable for a fine not to exceed $250, plus
82-23 an administrative fee incurred in connection with the violation.
82-24 (c) If a person fails to pay the proper toll:
82-25 (1) on issuance of a notice of nonpayment, the
82-26 registered owner of the nonpaying vehicle shall pay both the proper
82-27 toll and the administrative fee;
83-1 (2) an authority may charge an administrative fee of
83-2 not more than $100 to recover the cost of collecting the unpaid
83-3 toll; and
83-4 (3) an authority has a lien on the vehicle driven by
83-5 the person for the amount of the toll and may take and retain the
83-6 vehicle until the proper toll and applicable administrative fee
83-7 have been paid.
83-8 (d) Notice of nonpayment under Subsection (c)(1) shall be
83-9 sent by first-class mail and may not require payment of the proper
83-10 toll and the administrative fee before the 30th day after the date
83-11 the notice is mailed. The registered owner shall pay a separate
83-12 toll and administrative fee for each nonpayment.
83-13 (e) If the registered owner of the vehicle fails to pay the
83-14 proper toll and administrative fee in the time specified by the
83-15 notice, the owner shall be cited as for other traffic violations by
83-16 a peace officer of the authority or as otherwise provided by law,
83-17 and the owner shall pay a fine of not more than $250 for each
83-18 nonpayment.
83-19 (f) In the prosecution of a violation for nonpayment, proof
83-20 that the vehicle passed through a toll collection facility without
83-21 payment of the proper toll together with proof that the defendant
83-22 was the registered owner or the driver of the vehicle when the
83-23 failure to pay occurred, establishes the nonpayment of the
83-24 registered owner. The proof may be by testimony of a peace officer
83-25 or authority employee, video surveillance, or any other reasonable
83-26 evidence.
83-27 (g) The court of the local jurisdiction in which the
84-1 violation occurs may assess and collect the fine in addition to any
84-2 court costs. The court shall collect the proper toll and
84-3 administrative fee and forward the toll and fee to the authority.
84-4 (h) A registered owner who is the lessor of a vehicle for
84-5 which a notice of nonpayment has been issued is not liable if, not
84-6 later than the 30th day after the date the notice of nonpayment is
84-7 mailed, the registered owner provides to the authority a copy of
84-8 the lease agreement covering the vehicle on the date of the
84-9 nonpayment. The name and address of the lessee must be clearly
84-10 legible. If the lessor timely provides the required information,
84-11 the lessee of the vehicle on the date of the violation is
84-12 considered to be the owner of the vehicle for purposes of this
84-13 section. The lessee is subject to prosecution for failure to pay
84-14 the proper toll if the authority sends a notice of nonpayment to
84-15 the lessee by first-class mail not later than the 30th day after
84-16 the date of the receipt of the information from the lessor.
84-17 Sec. 366.179. USE AND RETURN OF TRANSPONDERS. (a) For
84-18 purposes of this section, a transponder is a device placed on or
84-19 within an automobile that is capable of transmitting or receiving
84-20 information used to assess or collect tolls. A transponder is
84-21 insufficiently funded if there is no money in the account for which
84-22 the transponder was issued.
84-23 (b) Any law enforcement or peace officer of the Department
84-24 of Public Safety or any peace officer of an authority may seize a
84-25 stolen or insufficiently funded transponder and return it to the
84-26 authority that issued the transponder. An insufficiently funded
84-27 transponder may not be seized before the 30th day after the date
85-1 that an authority has sent a notice of delinquency to the holder of
85-2 the account.
85-3 Sec. 366.180. CONTROLLED ACCESS TO TURNPIKE PROJECTS.
85-4 (a) An authority may designate a turnpike project or a portion of
85-5 a project as a controlled-access toll road.
85-6 (b) An authority by order may:
85-7 (1) prohibit the use of or access to or from a
85-8 turnpike project by a motor vehicle, bicycle, other vehicle, or a
85-9 pedestrian;
85-10 (2) deny access to or from:
85-11 (A) its turnpike projects;
85-12 (B) real property adjacent to its turnpike
85-13 projects; or
85-14 (C) a street, road, alley, highway, or other
85-15 public or private way intersecting its turnpike projects;
85-16 (3) designate locations on its turnpike projects at
85-17 which access to or from the toll road is permitted;
85-18 (4) control, restrict, and determine the type and
85-19 extent of access permitted at a designated location of access to
85-20 the turnpike projects; or
85-21 (5) erect appropriate protective devices to preserve
85-22 the utility, integrity, and use of its turnpike projects.
85-23 (c) Denial of access to or from a segment of the state
85-24 highway system is subject to the approval of the commission.
85-25 Sec. 366.181. PROMOTION OF TOLL ROADS. An authority may
85-26 promote the use of its turnpike projects by appropriate means,
85-27 including advertising or marketing as the authority determines
86-1 appropriate.
86-2 Sec. 366.182. OPERATION OF TURNPIKE PROJECT; PEACE OFFICERS.
86-3 (a) An authority shall police and operate its turnpike projects
86-4 through a force of police, peace officers, toll-takers, and other
86-5 employees of the authority or through services contracted under
86-6 Subsection (b) or (c).
86-7 (b) An authority may enter into an agreement with one or
86-8 more persons to provide, on terms and conditions approved by the
86-9 authority, personnel and services to design, construct, operate,
86-10 maintain, expand, enlarge, or extend the authority's turnpike
86-11 projects.
86-12 (c) An authority may contract with any state or local
86-13 government entity for the services of peace officers of that
86-14 agency.
86-15 (d) An authority may employ and commission a force of peace
86-16 officers. A peace officer commissioned by the authority under this
86-17 subsection holds office at the will of the authority. A person may
86-18 not be commissioned as a peace officer under this subsection unless
86-19 the person meets all standards for licensing by the Commission on
86-20 Law Enforcement Officer Standards and Education.
86-21 Sec. 366.183. AUDIT. An authority shall have a certified
86-22 public accountant audit the authority's books and accounts at least
86-23 annually. The cost of the audit may be treated as part of the cost
86-24 of construction or operation of a turnpike project.
86-25 Sec. 366.184. DISADVANTAGED BUSINESSES. (a) Consistent
86-26 with general law, an authority shall:
86-27 (1) set goals for the award of competitive contracts
87-1 to disadvantaged businesses;
87-2 (2) attempt to identify disadvantaged businesses that
87-3 provide or may provide supplies, materials, equipment, or services
87-4 to the authority; and
87-5 (3) give disadvantaged businesses full access to the
87-6 authority's contract bidding process, inform the businesses about
87-7 the process, offer the businesses assistance concerning the
87-8 process, and identify barriers to the businesses' participation in
87-9 the process.
87-10 (b) This section does not exempt an authority from
87-11 competitive bidding requirements provided by other law.
87-12 (Sections 366.185-366.250 reserved for expansion
87-13 SUBCHAPTER F. GOVERNANCE
87-14 Sec. 366.251. BOARD OF DIRECTORS. (a) An authority is
87-15 governed by a board of directors.
87-16 (b) The commissioners court of each county of the authority
87-17 shall appoint one director to serve on the board. The governor
87-18 shall appoint three directors to serve on the board.
87-19 (c) Directors shall be divided into two groups. To the
87-20 greatest degree possible, each group shall contain an equal number
87-21 of directors. Directors shall serve terms of two years, except
87-22 that one group of directors of the initial board of an authority
87-23 shall serve for a term of one year.
87-24 (d) Each director appointed by the governor must have
87-25 resided in a county of the authority for at least one year before
87-26 the person's appointment. Each director appointed by a
87-27 commissioners court must have resided in that county for at least
88-1 one year before the person's appointment.
88-2 (e) All appointments to the board shall be made without
88-3 regard to race, color, disability, sex, religion, age, or national
88-4 origin.
88-5 (f) An elected official is not eligible to serve as a
88-6 director.
88-7 (g) A vacancy in a position shall be filled promptly by the
88-8 entity that made the appointment.
88-9 (h) Each director has equal status and may vote.
88-10 (i) The board of an authority shall select one director as
88-11 the presiding officer of the board to serve in that capacity until
88-12 the person's term as a director expires. The board shall elect one
88-13 director as assistant presiding officer. The board shall select a
88-14 secretary and treasurer, neither of whom need be a director.
88-15 (j) The vote of a majority attending a board meeting is
88-16 necessary for any action taken by the board. If a vacancy exists
88-17 on a board, the majority of directors serving on the board is a
88-18 quorum.
88-19 Sec. 366.252. CONFLICT OF INTEREST. (a) A person is not
88-20 eligible to serve on the board of an authority if the person or
88-21 the person's spouse:
88-22 (1) is registered, certified, or licensed by an
88-23 occupational regulatory agency in the field of toll road
88-24 construction, maintenance, or operation;
88-25 (2) is employed by or participates in the management
88-26 of a business entity or other organization regulated by the
88-27 authority or receiving money from the authority;
89-1 (3) owns or controls, directly or indirectly, more
89-2 than a 10 percent interest in a business entity or other
89-3 organization regulated by or receiving money from the authority,
89-4 other than compensation for acquisition of turnpike right-of-way;
89-5 (4) uses or receives a substantial amount of tangible
89-6 goods, services, or money from the authority, other than
89-7 compensation or reimbursement authorized by law for board
89-8 membership, attendance, or expenses, or for compensation for
89-9 acquisition of turnpike right-of-way;
89-10 (5) is an officer, employee, or paid consultant of a
89-11 Texas trade association in the field of road construction,
89-12 maintenance, or operation; or
89-13 (6) is required to register as a lobbyist under
89-14 Chapter 305, Government Code, because of the person's activities
89-15 for compensation on behalf of a profession related to the operation
89-16 of the authority.
89-17 (b) A person may not act as the general counsel to an
89-18 authority if the person is required to register as a lobbyist under
89-19 Chapter 305, Government Code, because of the person's activities
89-20 for compensation on behalf of a profession related to the operation
89-21 of the authority.
89-22 (c) In this section, "Texas trade association" means a
89-23 nonprofit, cooperative, and voluntarily joined association of
89-24 business or professional competitors in this state designed to
89-25 assist its members and its industry or profession in dealing with
89-26 mutual business or professional problems and in promoting their
89-27 common interests.
90-1 Sec. 366.253. SURETY BONDS. (a) Before beginning a term,
90-2 each director shall execute a surety bond in the amount of $25,000,
90-3 and the secretary and treasurer shall execute a surety bond in the
90-4 amount of $50,000.
90-5 (b) Each surety bond must be:
90-6 (1) conditioned on the faithful performance of the
90-7 duties of office;
90-8 (2) executed by a surety company authorized to
90-9 transact business in this state; and
90-10 (3) filed with the secretary of state's office.
90-11 (c) The authority shall pay the expense of the bonds.
90-12 Sec. 366.254. REMOVAL OF DIRECTOR. (a) It is a ground for
90-13 removal of a director from the board if the director:
90-14 (1) did not have at the time of appointment the
90-15 qualifications required by Section 366.251(d);
90-16 (2) whether at the time of appointment or at any time
90-17 during the director's term, is ineligible under Section 366.251(f)
90-18 or 366.252 to serve as a director;
90-19 (3) cannot discharge the director's duties for a
90-20 substantial part of the term for which the director is appointed
90-21 because of illness or disability; or
90-22 (4) is absent from more than half of the regularly
90-23 scheduled board meetings that the director is eligible to attend
90-24 during a calendar year unless the absence is excused by majority
90-25 vote of the board.
90-26 (b) The validity of an action of the board is not affected
90-27 by the fact that it is taken when a ground for removal of a
91-1 director exists.
91-2 (c) If the administrative head of the authority has
91-3 knowledge that a potential ground for removal exists, that person
91-4 shall notify the presiding officer of the board of the ground. The
91-5 presiding officer shall then notify the person that appointed the
91-6 director that a potential ground for removal exists.
91-7 Sec. 366.255. COMPENSATION OF DIRECTOR. Each director is
91-8 entitled to reimbursement for the director's actual expenses
91-9 necessarily incurred in the performance of the director's duties.
91-10 A director is not entitled to any additional compensation for the
91-11 director's services.
91-12 Sec. 366.256. EVIDENCE OF AUTHORITY ACTIONS. Actions of an
91-13 authority are the actions of its board and may be evidenced in any
91-14 legal manner, including a board resolution.
91-15 Sec. 366.257. PUBLIC ACCESS. An authority shall:
91-16 (1) make and implement policies that provide the
91-17 public with a reasonable opportunity to appear before the board to
91-18 speak on any issue under the jurisdiction of the authority; and
91-19 (2) prepare and maintain a written plan that describes
91-20 how an individual who does not speak English or who has a physical,
91-21 mental, or developmental disability may be provided reasonable
91-22 access to the authority's programs.
91-23 Sec. 366.258. INDEMNIFICATION. (a) An authority may
91-24 indemnify one or more of its directors or officers for necessary
91-25 expenses and costs, including attorney's fees, incurred by the
91-26 directors or officers in connection with any claim asserted against
91-27 the directors or officers in their respective capacities as
92-1 directors or officers.
92-2 (b) If an authority does not fully indemnify a director or
92-3 officer as provided by Subsection (a), the court in a proceeding in
92-4 which any claim against the director or officer is asserted or any
92-5 court with jurisdiction of an action instituted by the director or
92-6 officer on a claim for indemnity may assess indemnity against the
92-7 authority, its receiver, or trustee only if the court finds that,
92-8 in connection with the claim, the director or officer is not guilty
92-9 of negligence or misconduct.
92-10 (c) A court may not assess indemnity under Subsection (b)
92-11 for an amount paid by the director or officer to the authority.
92-12 (d) This section applies to a former director or officer of
92-13 the authority.
92-14 Sec. 366.259. PURCHASE OF LIABILITY INSURANCE. (a) An
92-15 authority shall insure its officers and employees from liability
92-16 arising from the use, operation, or maintenance of equipment that
92-17 is used or may be used in connection with the laying out,
92-18 construction, or maintenance of the authority's turnpike projects.
92-19 (b) Insurance coverage under this section must be provided
92-20 by the purchase of a policy of liability insurance from a reliable
92-21 insurance company authorized to do business in this state. The
92-22 form of the policy must be approved by the commissioner of
92-23 insurance.
92-24 (c) This section is not a waiver of immunity of the
92-25 authority or the counties in an authority from liability for the
92-26 torts or negligence of an officer or employee of an authority.
92-27 (d) In this section, "equipment" includes an automobile,
93-1 motor truck, trailer, aircraft, motor grader, roller, tractor,
93-2 tractor power mower, and other power equipment.
93-3 Sec. 366.260. CERTAIN CONTRACTS AND SALES PROHIBITED.
93-4 (a) A director, agent, or employee of an authority may not:
93-5 (1) contract with the authority; or
93-6 (2) be directly or indirectly interested in:
93-7 (A) a contract with the authority; or
93-8 (B) the sale of property to the authority.
93-9 (b) A person who violates Subsection (a) is liable for a
93-10 civil penalty to the authority not to exceed $1,000.
93-11 (c) Subsection (a) does not apply to the sale of turnpike
93-12 right-of-way to an authority.
93-13 Sec. 366.261. ANNUAL REPORTS. Not later than March 31 of
93-14 each year, the directors and the administrative head of an
93-15 authority shall file with the commissioners court of each county of
93-16 the authority a written report on the authority's activities. At
93-17 the invitation of a commissioners court of a county in the
93-18 authority, the board and the administrative head of an authority
93-19 shall appear before the commissioners court to present the report
93-20 and receive questions and comments.
93-21 Sec. 366.262. MEETINGS BY TELEPHONE CONFERENCE CALL.
93-22 (a) Chapter 551, Government Code, does not prohibit any open or
93-23 closed meeting of the board, a committee of the board, or the
93-24 staff, or any combination of the board or staff, from being held by
93-25 telephone conference call.
93-26 (b) A telephone conference call meeting is subject to the
93-27 notice requirements applicable to other meetings.
94-1 (c) Notice of a telephone conference call meeting that by
94-2 law must be open to the public must specify the location of the
94-3 meeting. The location must be a conference room of the authority
94-4 or other facility in a county of the authority that is accessible
94-5 to the public.
94-6 (d) Each part of the telephone conference call meeting that
94-7 by law must be open to the public shall be audible to the public at
94-8 the location specified in the notice and shall be tape-recorded or
94-9 documented by written minutes. On conclusion of the meeting, the
94-10 tape recording or the written minutes of the meeting shall be made
94-11 available to the public.
94-12 (Sections 366.263-366.300 reserved for expansion
94-13 SUBCHAPTER G. AID FOR REGIONAL TURNPIKE PROJECTS
94-14 Sec. 366.301. DEPARTMENT CONTRIBUTIONS TO TURNPIKE PROJECTS.
94-15 (a) To the extent permitted by the Texas Constitution, the
94-16 department may agree with an authority to provide for or contribute
94-17 to the payment of costs of financial or engineering and traffic
94-18 feasibility studies and the design, financing, acquisition,
94-19 construction, operation, or maintenance of a turnpike project or
94-20 system on terms agreed on by the commission or department, as
94-21 applicable, and the authority. The agreement may not be
94-22 inconsistent with the rights of the bondholders or persons
94-23 operating the turnpike project under a lease or other contract.
94-24 (b) The department may use its engineering and other
94-25 personnel, including consulting engineers and traffic engineers, to
94-26 conduct feasibility studies under Subsection (a).
94-27 (c) An obligation or expense incurred by the commission or
95-1 department under this section is a part of the cost of the turnpike
95-2 project for which the obligation or expense was incurred. Money
95-3 from the state highway fund spent under this section must be repaid
95-4 from tolls or other revenue of the turnpike project or system on
95-5 which the money from the state highway fund was expended.
95-6 (d) The commission or department may use federal money for
95-7 any purpose described by this chapter.
95-8 Sec. 366.302. AGREEMENTS TO CONSTRUCT, MAINTAIN, AND OPERATE
95-9 TURNPIKE PROJECTS. (a) An authority may enter into an agreement
95-10 with a public or private entity, including a toll road corporation,
95-11 the United States, a state of the United States, the United Mexican
95-12 States, a state of the United Mexican States, a local governmental
95-13 entity, or another political subdivision, to permit the entity,
95-14 jointly with the authority, to study the feasibility of a turnpike
95-15 project or system or to acquire, design, finance, construct,
95-16 maintain, repair, operate, extend, or expand a turnpike project or
95-17 system.
95-18 (b) An authority has broad discretion to negotiate
95-19 provisions in a development agreement with a private entity. The
95-20 provisions may include provisions relating to:
95-21 (1) the design, financing, construction, maintenance,
95-22 and operation of a turnpike project or system in accordance with
95-23 standards adopted by the authority; and
95-24 (2) professional and consulting services to be
95-25 rendered under standards adopted by the authority in connection
95-26 with a turnpike project or system.
95-27 (c) An authority may not incur a financial obligation on
96-1 behalf of, or otherwise guarantee the obligations of, a private
96-2 entity that constructs, maintains, or operates a turnpike project
96-3 or system.
96-4 (d) An authority or a county in an authority is not liable
96-5 for any financial or other obligation of a turnpike project solely
96-6 because a private entity constructs, finances, or operates any part
96-7 of a turnpike project or system.
96-8 (e) An authority may authorize the investment of public and
96-9 private money, including debt and equity participation, to finance
96-10 a function described by this section.
96-11 Sec. 366.303. AGREEMENTS BETWEEN AUTHORITY AND LOCAL
96-12 GOVERNMENTAL ENTITIES. (a) A local governmental entity other than
96-13 a nonprofit corporation may, consistent with the Texas
96-14 Constitution, issue bonds or enter into and make payments under
96-15 agreements with an authority to acquire, construct, maintain, or
96-16 operate a turnpike project or system. The entity may levy and
96-17 collect taxes to pay the interest on the bonds and to provide a
96-18 sinking fund for the redemption of the bonds.
96-19 (b) In addition to the powers provided by Subsection (a), a
96-20 local governmental entity may, within any applicable constitutional
96-21 limitations, agree with an authority to issue bonds or enter into
96-22 and make payments under an agreement to acquire, construct,
96-23 maintain, or operate any portion of a turnpike project or system of
96-24 that authority.
96-25 (c) To make payments under an agreement under Subsection
96-26 (b), to pay the interest on bonds issued under Subsection (b), or
96-27 to provide a sinking fund for the bonds or the contract, a local
97-1 governmental entity may:
97-2 (1) pledge revenue from any available source,
97-3 including annual appropriations;
97-4 (2) levy and collect taxes; or
97-5 (3) provide for a combination of Subdivisions (1) and
97-6 (2).
97-7 (d) The term of an agreement under this section may not
97-8 exceed 40 years.
97-9 (e) Any election required to permit action under this
97-10 subchapter must be held in conformity with Chapter 1, Title 22,
97-11 Revised Statutes, or other law applicable to the local governmental
97-12 entity.
97-13 Sec. 366.304. ADDITIONAL AGREEMENTS OF AUTHORITY. An
97-14 authority may enter into any agreement necessary or convenient to
97-15 achieve the purposes of this subchapter.
97-16 SECTION 7.24. Article 2.12, Code of Criminal Procedure, as
97-17 amended by Chapters 621 and 729, Acts of the 74th Legislature,
97-18 Regular Session, 1995, is amended to read as follows:
97-19 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
97-20 officers:
97-21 (1) sheriffs and their deputies;
97-22 (2) constables and deputy constables;
97-23 (3) marshals or police officers of an incorporated
97-24 city, town, or village;
97-25 (4) rangers and officers commissioned by the Public
97-26 Safety Commission and the Director of the Department of Public
97-27 Safety;
98-1 (5) investigators of the district attorneys', criminal
98-2 district attorneys', and county attorneys' offices;
98-3 (6) law enforcement agents of the Texas Alcoholic
98-4 Beverage Commission;
98-5 (7) each member of an arson investigating unit
98-6 commissioned by a city, a county, or the state;
98-7 (8) officers commissioned under Section 37.081,
98-8 Education Code, or Subchapter E, Chapter 51, Education Code;
98-9 (9) officers commissioned by the General Services
98-10 Commission;
98-11 (10) law enforcement officers commissioned by the
98-12 Parks and Wildlife Commission;
98-13 (11) airport police officers commissioned by a city
98-14 with a population of more than one million, according to the most
98-15 recent federal census, that operates an airport that serves
98-16 commercial air carriers;
98-17 (12) airport security personnel commissioned as peace
98-18 officers by the governing body of any political subdivision of this
98-19 state, other than a city described by Subdivision (11), that
98-20 operates an airport that serves commercial air carriers;
98-21 (13) municipal park and recreational patrolmen and
98-22 security officers;
98-23 (14) security officers commissioned as peace officers
98-24 by the State Treasurer;
98-25 (15) officers commissioned by a water control and
98-26 improvement district under Section 51.132, Water Code;
98-27 (16) officers commissioned by a board of trustees
99-1 under Chapter 341, Acts of the 57th Legislature, Regular Session,
99-2 1961 (Article 1187f, Vernon's Texas Civil Statutes);
99-3 (17) investigators commissioned by the Texas State
99-4 Board of Medical Examiners;
99-5 (18) officers commissioned by the board of managers of
99-6 the Dallas County Hospital District, the Tarrant County Hospital
99-7 District, or the Bexar County Hospital District under Section
99-8 281.057, Health and Safety Code;
99-9 (19) county park rangers commissioned under Subchapter
99-10 E, Chapter 351, Local Government Code;
99-11 (20) investigators employed by the Texas Racing
99-12 Commission;
99-13 (21) officers commissioned by the State Board of
99-14 Pharmacy;
99-15 (22) officers commissioned by the governing body of a
99-16 metropolitan rapid transit authority under Chapter 451 or 452,
99-17 Transportation Code [Section 13, Chapter 141, Acts of the 63rd
99-18 Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
99-19 Civil Statutes), or by a regional transportation authority under
99-20 Section 10, Chapter 683, Acts of the 66th Legislature, Regular
99-21 Session, 1979 (Article 1118y, Vernon's Texas Civil Statutes)];
99-22 (23) [officers commissioned under the Texas High-Speed
99-23 Rail Act (Article 6674v.2, Revised Statutes);]
99-24 [(24)] investigators commissioned by the attorney
99-25 general under Section 402.009, Government Code;
99-26 (24) [(25)] security officers and investigators
99-27 commissioned as peace officers under Chapter 466, Government Code;
100-1 (25) [(26)] an officer employed by the Texas
100-2 Department of Health under Section 431.2471, Health and Safety
100-3 Code;
100-4 (26) [(27)] officers appointed by an appellate court
100-5 under Subchapter F, Chapter 53, Government Code;
100-6 (27) [(28)] officers commissioned by the state fire
100-7 marshal under Chapter 417, Government Code; [and]
100-8 (28) [(29)] an investigator commissioned by the
100-9 commissioner of insurance under Article 1.10D, Insurance Code;[.]
100-10 (29) apprehension specialists commissioned by the
100-11 Texas Youth Commission as officers under Section 61.0931, Human
100-12 Resources Code; and
100-13 (30) an officer commissioned as a peace officer by a
100-14 regional tollway authority under Subchapter E, Chapter 366,
100-15 Transportation Code.
100-16 SECTION 7.25. (a) Notwithstanding Section 366.031,
100-17 Transportation Code, as added by this Act, the North Texas Tollway
100-18 Authority is established as a regional tollway authority under
100-19 Chapter 366, Transportation Code, as added by this Act.
100-20 (b) The North Texas Tollway Authority consists of all
100-21 territory in Collin, Dallas, Denton, and Tarrant counties. The
100-22 operations of the authority may extend to other counties as
100-23 permitted under Section 366.161, Transportation Code, as added by
100-24 this Act, and the jurisdiction of the authority may be expanded to
100-25 include other counties under Section 366.031, Transportation Code,
100-26 as added by this Act.
100-27 (c) The initial board of directors of the North Texas
101-1 Tollway Authority is composed of nine directors as follows:
101-2 (1) three directors appointed by the governor;
101-3 (2) one director appointed by the commissioners court
101-4 of each county in the authority; and
101-5 (3) the county judges of two of the counties of the
101-6 authority.
101-7 (d) The terms of the initial directors of the North Texas
101-8 Tollway Authority begin on September 1, 1997. The county judges
101-9 serving as initial directors shall each serve a one-year term. At
101-10 the expiration of that term, the seats held by the county judges
101-11 are not refilled, and the number of directors composing the board
101-12 is reduced to seven.
101-13 (e) One of the directors of the North Texas Tollway
101-14 Authority appointed to the initial board by the governor serves a
101-15 one-year term. Each successor to that director shall be appointed
101-16 by the governor for a two-year term.
101-17 (f) The two directors appointed to the initial board of the
101-18 North Texas Tollway Authority by the commissioners courts of the
101-19 counties whose county judges serve as initial directors each serve
101-20 a one-year term. Each successor to those directors shall be
101-21 appointed for a two-year term. The remaining initial directors
101-22 serve two-year terms.
101-23 SECTION 7.26. Sections 361.003, 361.038, 361.039, 361.040,
101-24 361.041, 361.044, 361.045, 361.047, 361.048, 361.139, 361.190,
101-25 361.284, and 361.331(e), Transportation Code, are repealed.
101-26 ARTICLE 8. TRANSITION, EFFECTIVE DATE, AND EMERGENCY
101-27 SECTION 8.01. (a) The Texas Turnpike Authority is abolished
102-1 and the Texas Turnpike Authority division of the Texas Department
102-2 of Transportation is created on the effective date of this Act.
102-3 Except as provided by Subsections (b) and (c) of this section, all
102-4 assets, rights, and obligations of the Texas Turnpike Authority are
102-5 transferred to the division.
102-6 (b) The North Texas Tollway Authority shall succeed to all
102-7 assets, rights, and other property of the Texas Turnpike Authority
102-8 located in Collin, Dallas, Denton, or Tarrant County, including all
102-9 assets and rights that relate to the Dallas North Tollway, the
102-10 Addison Airport Toll Tunnel, the President George Bush Turnpike,
102-11 and the Mountain Creek Lake Bridge.
102-12 (c) The North Texas Tollway Authority shall assume and
102-13 become liable for all duties and obligations of the Texas Turnpike
102-14 Authority related to the assets, rights, and properties transferred
102-15 under Subsection (b) of this section, including contracts and bonds
102-16 secured by the revenues of the assets. The North Texas Tollway
102-17 Authority is obligated to comply with all the assumed obligations
102-18 to the same extent as the Texas Turnpike Authority.
102-19 (d) An employee of the Texas Turnpike Authority may elect to
102-20 become an employee of either the Texas Turnpike Authority division
102-21 of the Texas Department of Transportation or the North Texas
102-22 Tollway Authority on the effective date of this Act, subject to the
102-23 employment openings and requirements of those agencies.
102-24 (e) A rule or regulation adopted by the Texas Turnpike
102-25 Authority relating to the operation of a turnpike in Collin,
102-26 Dallas, Denton, or Tarrant County before the effective date of this
102-27 Act that is not inconsistent with this Act remains in effect as a
103-1 rule or regulation of the North Texas Tollway Authority until
103-2 superseded by action of that agency.
103-3 SECTION 8.02. As additional consideration for the transfer
103-4 of the properties described in Section 8.01(b) of this Act, the
103-5 North Texas Tollway Authority shall pay to the Texas Department of
103-6 Transportation an amount to be agreed on by the authority and the
103-7 department not later than October 1, 1997. In determining the
103-8 amount, the authority and the department shall ensure that
103-9 following the payment, the authority is in compliance with all bond
103-10 resolutions, bond indentures, credit agreements, and all other
103-11 agreements assumed by the authority and that reserves held by the
103-12 authority as required under or in connection with the resolutions,
103-13 indentures, credit agreements, and other agreements shall be
103-14 maintained at a level consistent with the Texas Turnpike
103-15 Authority's historical practices.
103-16 SECTION 8.03. The North Texas Tollway Authority is a
103-17 successor agency to the Texas Turnpike Authority for all purposes,
103-18 including for the purpose of Section 52-b, Article III, Texas
103-19 Constitution, concerning all assets, rights, other property,
103-20 duties, and obligations transferred to the authority under Section
103-21 8.01(b) of this Act. Any existing agreement by and between the
103-22 Texas Turnpike Authority and the state, the Texas Transportation
103-23 Commission, the Texas Department of Transportation, the Federal
103-24 Highway Administration, the United States Department of
103-25 Transportation, any other federal or state governmental entity, or
103-26 any local governmental entity that pertains to an asset, right, or
103-27 obligation transferred to the North Texas Turnpike Authority under
104-1 this Act is binding on, benefits, and is fully enforceable by and
104-2 against the North Texas Turnpike Authority as successor to the
104-3 Texas Turnpike Authority.
104-4 SECTION 8.04. The changes in law made by this Act in the
104-5 qualifications of members of the Texas Transportation Commission or
104-6 the Texas Motor Vehicle Commission do not affect the entitlement of
104-7 a member serving on one of those commissions before September 1,
104-8 1997, to continue to carry out the functions of the commission for
104-9 the remainder of the member's term. The changes in law apply only
104-10 to a member appointed on or after September 1, 1997. This Act does
104-11 not prohibit a person who is a member of the Texas Transportation
104-12 Commission on September 1, 1997, from being reappointed to that
104-13 commission if the person has the qualifications required for a
104-14 member under Chapter 201, Transportation Code, as amended by this
104-15 Act. This Act does not prohibit a person who is a member of the
104-16 Texas Motor Vehicle Commission on September 1, 1997, from being
104-17 reappointed to that commission if the person has the qualifications
104-18 required for a member under the Texas Motor Vehicle Commission Code
104-19 (Article 4413(36), Vernon's Texas Civil Statutes), as amended by
104-20 this Act.
104-21 SECTION 8.05. In addition to the substantive changes made by
104-22 this Act, this Act conforms Chapter 361, Transportation Code, to
104-23 the changes made by Sections 1 and 2, Chapter 148, Acts of the 74th
104-24 Legislature, 1995. To the extent of any conflict between this Act
104-25 and another Act of the 75th Legislature relating to nonsubstantive
104-26 changes in enacted codes, this Act prevails.
104-27 SECTION 8.06. This Act takes effect September 1, 1997.
105-1 SECTION 8.07. The importance of this legislation and the
105-2 crowded condition of the calendars in both houses create an
105-3 emergency and an imperative public necessity that the
105-4 constitutional rule requiring bills to be read on three several
105-5 days in each house be suspended, and this rule is hereby suspended.