1-1 By: Armbrister, Sibley S.B. No. 370
1-2 (In the Senate - Filed March 13, 1997; March 17, 1997, read
1-3 first time and referred to Committee on International Relations,
1-4 Trade, and Technology; April 16, 1997, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 9, Nays
1-6 0; April 16, 1997, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 370 By: Armbrister
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the continuation and functions of the Texas Department
1-11 of Transportation, the abolition of the Texas Turnpike Authority,
1-12 and the creation of regional tollway authorities; authorizing the
1-13 issuance of bonds and the imposition of taxes; granting the power
1-14 of eminent domain; and providing civil penalties.
1-15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-16 ARTICLE 1. TEXAS TRANSPORTATION COMMISSION; TEXAS
1-17 DEPARTMENT OF TRANSPORTATION
1-18 SECTION 1.01. Section 201.204, Transportation Code, is
1-19 amended to read as follows:
1-20 Sec. 201.204. SUNSET PROVISION. The Texas Department of
1-21 Transportation is subject to Chapter 325, Government Code (Texas
1-22 Sunset Act). Unless continued in existence as provided by that
1-23 chapter, the department is abolished September 1, 2009 [1997].
1-24 SECTION 1.02. Subsection (d), Section 201.051,
1-25 Transportation Code, is amended to read as follows:
1-26 (d) Except as provided by Subsection (e), a person is not
1-27 eligible for appointment as a member of the commission if the
1-28 person or the person's spouse:
1-29 (1) is employed by or participates in the management
1-30 of a business entity or other organization that is regulated by or
1-31 receives funds from the department;
1-32 (2) directly or indirectly owns or controls more than
1-33 10 percent interest in a business entity or other organization that
1-34 is regulated by or receives funds from the department; [or]
1-35 (3) uses or receives a substantial amount of tangible
1-36 goods, services, or funds from the department, other than
1-37 compensation or reimbursement authorized by law for commission
1-38 membership, attendance, or expenses; or
1-39 (4) is registered, certified, or licensed by the
1-40 department.
1-41 SECTION 1.03. Subsection (c), Section 201.057,
1-42 Transportation Code, is amended to read as follows:
1-43 (c) If the director knows that a potential ground for
1-44 removal exists, the director shall notify the commissioner of
1-45 transportation of the ground, and the commissioner shall notify the
1-46 governor and the attorney general that a potential ground for
1-47 removal exists. If the potential ground for removal relates to the
1-48 commissioner of transportation, the director shall notify another
1-49 member of the commission, who shall notify the governor and the
1-50 attorney general that a potential ground for removal exists.
1-51 SECTION 1.04. Subchapter B, Chapter 201, Transportation
1-52 Code, is amended by adding Section 201.059 to read as follows:
1-53 Sec. 201.059. TRAINING ON DEPARTMENT AND CERTAIN LAWS
1-54 RELATING TO DEPARTMENT. (a) To be eligible to take office as a
1-55 member of the commission, a person appointed to the commission must
1-56 complete at least one course of a training program that complies
1-57 with this section.
1-58 (b) The training program must provide information to the
1-59 person regarding:
1-60 (1) this subchapter;
1-61 (2) the programs operated by the department;
1-62 (3) the role and functions of the department;
1-63 (4) the rules of the department with an emphasis on
1-64 the rules that relate to disciplinary and investigatory authority;
2-1 (5) the current budget for the department;
2-2 (6) the results of the most recent formal audit of the
2-3 department;
2-4 (7) the requirements of the:
2-5 (A) open meetings law, Chapter 551, Government
2-6 Code;
2-7 (B) open records law, Chapter 552, Government
2-8 Code; and
2-9 (C) administrative procedure law, Chapter 2001,
2-10 Government Code;
2-11 (8) the requirements of the conflict of interest laws
2-12 and other laws relating to public officials; and
2-13 (9) any applicable ethics policies adopted by the
2-14 commission or the Texas Ethics Commission.
2-15 (c) A person appointed to the commission is entitled to
2-16 reimbursement for travel expenses incurred in attending the
2-17 training program, as provided by the General Appropriations Act and
2-18 as if the person were a member of the commission.
2-19 SECTION 1.05. Section 201.102, Transportation Code, is
2-20 amended to read as follows:
2-21 Sec. 201.102. SEPARATION [DEFINITION] OF RESPONSIBILITIES.
2-22 The commission shall develop and implement policies that clearly
2-23 separate the policy-making [define the respective] responsibilities
2-24 of the commission and the management responsibilities of the
2-25 director and staff of the department.
2-26 SECTION 1.06. Subsection (b), Section 201.107,
2-27 Transportation Code, is amended to read as follows:
2-28 (b) The commission shall file annually with the governor and
2-29 the presiding officer of each house of the legislature a complete
2-30 and detailed written report accounting for all funds received and
2-31 disbursed by the department during the preceding fiscal year. The
2-32 report must comply with each reporting requirement applicable to
2-33 financial reporting [be in the form and filed in the time] provided
2-34 by the General Appropriations Act.
2-35 SECTION 1.07. Section 201.203, Transportation Code, is
2-36 amended to read as follows:
2-37 Sec. 201.203. DEPARTMENT OFFICE[; RECORDS]. The department
2-38 shall have its statewide headquarters office in Austin. [The
2-39 department shall keep all of its records in that office.]
2-40 SECTION 1.08. Subchapter D, Chapter 201, Transportation
2-41 Code, is amended by adding Section 201.206 to read as follows:
2-42 Sec. 201.206. DONATIONS AND CONTRIBUTIONS. For the purpose
2-43 of carrying out its functions and duties, the department may
2-44 accept, from any source, a donation or contribution in any form,
2-45 including realty, personalty, money, materials, or services.
2-46 SECTION 1.09. Subsections (a) and (b), Section 201.402,
2-47 Transportation Code, are amended to read as follows:
2-48 (a) The director or the director's designee shall prepare
2-49 and maintain a written policy statement to ensure implementation of
2-50 a program of equal employment opportunity under which all personnel
2-51 transactions are made without regard to race, color, disability,
2-52 sex, religion, age, or national origin. The policy statement must
2-53 include:
2-54 (1) personnel policies, including policies relating to
2-55 recruitment, evaluation, selection, appointment, training, and
2-56 promotion of personnel that comply with Chapter 21, Labor Code;
2-57 (2) a comprehensive analysis of the department work
2-58 force that meets federal and state guidelines;
2-59 (3) procedures by which a determination can be made of
2-60 significant underuse in the department work force of all persons
2-61 for whom federal or state guidelines encourage a more equitable
2-62 balance; and
2-63 (4) reasonable methods to appropriately address the
2-64 areas of significant underuse.
2-65 (b) A policy statement prepared under Subsection (a) must
2-66 cover an annual period, be updated at least annually, be reviewed
2-67 by the Texas Commission on Human Rights for compliance with
2-68 Subsection (a)(1), and be filed with the governor's office.
2-69 SECTION 1.10. Subsections (a) and (b), Section 201.404,
3-1 Transportation Code, are amended to read as follows:
3-2 (a) The director or the director's designee shall develop an
3-3 intra-agency career ladder program that addresses opportunities for
3-4 mobility and advancement for employees in the department [covering
3-5 all full-time classified and exempt positions]. The program shall
3-6 require intra-agency posting of all [nonentry] positions
3-7 concurrently with any public posting.
3-8 (b) The director or the director's designee shall develop a
3-9 system of annual performance evaluations that are based on
3-10 documented employee performance. All merit pay for department
3-11 employees must be based on the system established under this
3-12 subsection.
3-13 SECTION 1.11. Subchapter F, Chapter 201, Transportation
3-14 Code, is amended by adding Section 201.406 to read as follows:
3-15 Sec. 201.406. RELOCATION ASSISTANCE. (a) In addition to
3-16 authority granted by other law, the department may reimburse
3-17 transferred employees for expenses or costs related to selling
3-18 existing housing and purchasing and financing comparable
3-19 replacement housing if the director determines that the transfer
3-20 will enhance the department's ability to accomplish its goals and
3-21 missions.
3-22 (b) For purposes of this section, the following expenses or
3-23 costs related to the selling of existing housing and the leasing,
3-24 purchasing, and financing of comparable replacement housing are
3-25 reimbursable:
3-26 (1) any commissions and fees due to a broker or real
3-27 estate agent;
3-28 (2) costs incurred as a purchaser to obtain a home
3-29 loan, including loan application fees, credit report fees, and
3-30 mortgage points;
3-31 (3) origination fees, title insurance, recording fees,
3-32 and all other closing costs required to be paid by the employee;
3-33 (4) fees or charges, other than refundable deposits,
3-34 necessary to establish telephone, gas, and electric service; and
3-35 (5) travel expenses incurred while looking for a new
3-36 residence, reimbursed at the standard mileage rate, for travel to
3-37 and from the new designated headquarters.
3-38 (c) Under this section, the department may not:
3-39 (1) provide reimbursement for more than 25 employees
3-40 per fiscal year;
3-41 (2) pay a sum of more than $15,000 to any employee;
3-42 (3) purchase or pay any part of the purchase price of
3-43 any employee's home;
3-44 (4) provide reimbursement for the purchase or
3-45 financing of a house if the employee did not own and occupy
3-46 existing housing at the time of transfer; or
3-47 (5) provide reimbursement when the distance between
3-48 the two designated headquarters of a transferred employee is less
3-49 than 25 miles.
3-50 (d) The department may pay the reasonable, necessary, and
3-51 resulting costs of moving the household goods and effects of a
3-52 transferred employee if:
3-53 (1) the director determines that the transfer will
3-54 enhance the department's ability to accomplish its goals and
3-55 missions; and
3-56 (2) the distance between the two designated
3-57 headquarters of a transferred employee is at least 25 miles.
3-58 SECTION 1.12. Subchapter I, Chapter 201, Transportation
3-59 Code, is amended by adding Section 201.705 to read as follows:
3-60 Sec. 201.705. PILOT PROJECT ON VEHICLE MAINTENANCE
3-61 OUTSOURCING. (a) The department shall conduct a two-year pilot
3-62 project to determine whether contracting with a private entity for
3-63 maintenance and repair services of all department vehicles would be
3-64 cost effective.
3-65 (b) The study must be implemented in at least three of the
3-66 department's districts. The districts in which the study is
3-67 implemented must vary in geography and population.
3-68 (c) From any cost savings resulting from the pilot project
3-69 and from funds appropriated, the department shall assist counties
4-1 with materials to repair county roads that are damaged as a result
4-2 of legally permitted overweight truck traffic. The department
4-3 shall:
4-4 (1) ensure that the total value of assistance is at
4-5 least $25 million a year;
4-6 (2) make maximum usage of surplus materials on hand;
4-7 (3) develop rules and procedures in order to implement
4-8 this section and to provide for the equitable distribution of these
4-9 funds; and
4-10 (4) undertake cooperative and joint procurement of
4-11 road materials with the counties under General Services Commission
4-12 procedures.
4-13 (d) Not later than January 1, 2001, the department shall
4-14 submit a report to the legislature on the results of the pilot
4-15 program and any recommendations on the continuation or expansion of
4-16 the pilot program.
4-17 (e) This section expires January 1, 2001.
4-18 SECTION 1.13. Section 201.801, Transportation Code, is
4-19 amended by amending Subsection (c) and adding Subsection (e) to
4-20 read as follows:
4-21 (c) The department shall:
4-22 (1) keep an information file about each written
4-23 complaint filed with the department that the department has the
4-24 authority to resolve; and
4-25 (2) provide the person who filed the complaint, and
4-26 each person or entity that is the subject of the complaint,
4-27 information about the department's policies and procedures relating
4-28 to complaint investigation and resolution.
4-29 (e) With regard to each complaint filed with the department,
4-30 the department shall keep the following information:
4-31 (1) the date the complaint is filed;
4-32 (2) the name of the person filing the complaint;
4-33 (3) the subject matter of the complaint;
4-34 (4) a record of each person contacted in relation to
4-35 the complaint;
4-36 (5) a summary of the results of the review or
4-37 investigation of the complaint; and
4-38 (6) if the department takes no action on the
4-39 complaint, an explanation of the reasons that no action was taken.
4-40 SECTION 1.14. Section 201.802, Transportation Code, is
4-41 amended by amending Subsection (b) and adding Subsection (c) to
4-42 read as follows:
4-43 (b) The director [department] shall prepare and maintain a
4-44 written plan that describes the manner in which a person who does
4-45 not speak English or who has a physical, mental, or developmental
4-46 disability is provided reasonable access to the department's
4-47 programs.
4-48 (c) The department shall comply with each applicable law of
4-49 the United States or this state that relates to program or facility
4-50 accessibility.
4-51 SECTION 1.15. Chapter 201, Transportation Code, is amended
4-52 by adding Subchapter L to read as follows:
4-53 SUBCHAPTER L. ELECTRONIC ISSUANCE OF LICENSES
4-54 Sec. 201.931. DEFINITIONS. In this section:
4-55 (1) "Digital signature" means an electronic identifier
4-56 intended by the person using it to have the same force and effect
4-57 as the use of a manual signature.
4-58 (2) "License" includes:
4-59 (A) a permit issued by the department that
4-60 authorizes the operation of a vehicle and its load or a combination
4-61 of vehicles and load exceeding size or weight limitations;
4-62 (B) motor carrier registration issued under
4-63 Article 6675c, Revised Statutes;
4-64 (C) a vehicle storage facility license issued
4-65 under Article 6687-9a, Revised Statutes;
4-66 (D) a license or permit for outdoor advertising
4-67 issued under Chapter 391 or 394;
4-68 (E) a salvage motor vehicle dealer and agent
4-69 license issued under Article 6687-1a, Revised Statutes;
5-1 (F) specially designated or specialized license
5-2 plates issued under Subchapters E and F, Chapter 502; and
5-3 (G) an apportioned registration issued according
5-4 to the International Registration Plan under Section 502.054.
5-5 Sec. 201.932. APPLICATION FOR AND ISSUANCE OF LICENSE.
5-6 (a) The commission may by rule provide for the filing of a
5-7 license application and the issuance of a license by electronic
5-8 means.
5-9 (b) The commission may limit applicant eligibility under
5-10 Subsection (a) if the rules include reasonable eligibility
5-11 criteria.
5-12 Sec. 201.933. DIGITAL SIGNATURE. (a) A license application
5-13 received by the department is considered signed if a digital
5-14 signature is transmitted with the application and intended by the
5-15 applicant to authenticate the license in accordance with Subsection
5-16 (b).
5-17 (b) The department may only accept a digital signature used
5-18 to authenticate a license application under procedures that:
5-19 (1) comply with any applicable rules of another state
5-20 agency having jurisdiction over department use or acceptance of a
5-21 digital signature; and
5-22 (2) provide for consideration of factors that may
5-23 affect a digital signature's reliability, including whether a
5-24 digital signature is:
5-25 (A) unique to the person using it;
5-26 (B) capable of independent verification;
5-27 (C) under the sole control of the person using
5-28 it; and
5-29 (D) transmitted in a manner that will make it
5-30 infeasible to change the data in the communication or digital
5-31 signature without invalidating the digital signature.
5-32 Sec. 201.934. PAYMENT OF FEES. The commission may adopt
5-33 rules regarding the method of payment of a fee for a license issued
5-34 under this subchapter. The rules may authorize the use of
5-35 electronic funds transfer or a valid credit card issued by a
5-36 financial institution chartered by a state or the federal
5-37 government or by a nationally recognized credit organization
5-38 approved by the department. The rules may require the payment of a
5-39 discount or service charge for a credit card payment in addition to
5-40 the fee.
5-41 SECTION 1.16. Subchapter B, Chapter 222, Transportation
5-42 Code, is amended by adding Section 222.034 to read as follows:
5-43 Sec. 222.034. DISTRIBUTION OF FEDERAL FUNDS. (a) Federal
5-44 aid for transportation purposes that is administered by the
5-45 commission shall be distributed to the various parts of the state
5-46 for a funding cycle through the selection of highway projects in
5-47 the state in a manner that is consistent with federal formulas that
5-48 determine the amount of federal aid for transportation purposes
5-49 received by the state. A distribution under this subsection does
5-50 not include deductions made for the state infrastructure bank or
5-51 other federal funds reallocated by the federal government.
5-52 (b) The commission may vary from the distribution procedure
5-53 provided by Subsection (a) if it issues a ruling or minute order
5-54 identifying the variance and providing a particular justification
5-55 for the variance.
5-56 SECTION 1.17. Subchapter C, Chapter 222, Transportation
5-57 Code, is amended by adding Section 222.053 to read as follows:
5-58 Sec. 222.053. RELIEF FROM LOCAL MATCHING FUNDS REQUIREMENT.
5-59 (a) In this section, "economically disadvantaged county" means a
5-60 county that has, in comparison to other counties in the state:
5-61 (1) below average per capita taxable property value;
5-62 (2) below average per capita income; and
5-63 (3) above average unemployment.
5-64 (b) Except as provided by Subsection (c), the commission may
5-65 require, request, or accept from a political subdivision matching
5-66 or other local funds, rights-of-way, utility adjustments,
5-67 additional participation, planning, documents, or any other local
5-68 incentives to make the most efficient use of its highway funding.
5-69 (c) In evaluating a proposal to construct, maintain, or
6-1 extend a highway or for another type of highway project in a
6-2 political subdivision that consists of all or a portion of an
6-3 economically disadvantaged county, the commission:
6-4 (1) may not consider the absence or value of local
6-5 incentives provided under Subsection (b) beyond the minimum
6-6 required local matching funds; and
6-7 (2) shall adjust the minimum local matching funds
6-8 requirement after evaluating the political subdivision's effort and
6-9 ability to meet the requirement.
6-10 (d) In making an adjustment under Subsection (c)(2), the
6-11 commission may use its in-kind resources and any other available
6-12 resources to help satisfy a federal requirement.
6-13 (e) The commission shall report annually to the governor,
6-14 the lieutenant governor, and the speaker of the house of
6-15 representatives on the use of matching funds and local incentives
6-16 and the ability of the commission to ensure that political
6-17 subdivisions located in economically disadvantaged counties have
6-18 equal ability to compete for highway funding with political
6-19 subdivisions in counties that are not economically disadvantaged.
6-20 SECTION 1.18. Subsection (c), Section 202.052,
6-21 Transportation Code, is amended to read as follows:
6-22 (c) The department shall charge not less than fair market
6-23 value for the highway asset, payable in cash, services, tangible or
6-24 intangible property, or any combination of cash, services, or
6-25 property.
6-26 SECTION 1.19. Chapter 202, Transportation Code, is amended
6-27 by adding Subchapter E to read as follows:
6-28 SUBCHAPTER E. TELECOMMUNICATIONS FACILITIES
6-29 Sec. 202.091. DEFINITION. In this subchapter,
6-30 "telecommunications" means any transmission, emission, or reception
6-31 of signs, signals, writings, images, or sounds of intelligence of
6-32 any nature by wire, radio, optical, or other electromagnetic
6-33 systems.
6-34 Sec. 202.092. USE OF DEPARTMENT FACILITIES. Notwithstanding
6-35 any other law, a telecommunications provider may not place or
6-36 maintain its facilities or otherwise use improvements, including
6-37 structures, medians, conduits, or telecommunications equipment or
6-38 lines, constructed or installed by the state as components of the
6-39 state highway system except by a lease under Section 202.052 or an
6-40 agreement under Section 202.093.
6-41 Sec. 202.093. AGREEMENT. (a) Notwithstanding any other
6-42 law, the department may enter into an agreement with a
6-43 telecommunications provider allowing the provider, for the
6-44 provider's commercial purposes, to:
6-45 (1) place the provider's telecommunications facilities
6-46 within the median of a divided state highway; or
6-47 (2) place lines within or otherwise use
6-48 telecommunications facilities owned or installed by the state in or
6-49 on the improved portion of a state highway, including a median,
6-50 structures, equipment, conduits, or any other component of the
6-51 highway facilities constructed or owned by the department.
6-52 (b) An agreement entered into under Subsection (a) may
6-53 provide for compensation between the department and the
6-54 telecommunications provider in the form of cash or the shared use
6-55 of facilities.
6-56 Sec. 202.094. COMPETITIVE SEALED PROPOSAL. (a) Before
6-57 entering into an agreement with a telecommunications provider under
6-58 this subchapter, the department shall follow a procedure using
6-59 competitive sealed proposals.
6-60 (b) The department shall solicit proposals by a request for
6-61 proposals and shall publish notice of the request in at least two
6-62 newspapers of general circulation and in the Texas Register.
6-63 (c) The proposals shall be opened so as to avoid disclosure
6-64 of contents to competing offerors during the process of
6-65 negotiation. After a contract is awarded, all proposals that have
6-66 been submitted shall be open for public inspection subject to
6-67 Subchapter C, Chapter 552, Government Code.
6-68 (d) The department may discuss an acceptable or potentially
6-69 acceptable proposal with an offeror to assess the offeror's ability
7-1 to meet the solicitation requirements. After the submission of a
7-2 proposal but before making an award, the department may permit the
7-3 offeror to revise the proposal in order to obtain the best final
7-4 offer. The department may not disclose any information derived
7-5 from proposals submitted from competing offerors in conducting
7-6 discussions under this section. The department shall provide each
7-7 offeror with an equal opportunity for discussion and revision of
7-8 proposals.
7-9 (e) The department shall make a written award of a contract
7-10 to the offeror whose proposal is the most advantageous to the
7-11 state, considering price and the evaluation factors in the request
7-12 for proposals, except that if the department finds that none of the
7-13 offers is acceptable, it shall refuse all offers. The contract
7-14 file must state in writing the basis on which the award is made.
7-15 Sec. 202.095. APPLICABILITY. (a) Subtitle D, Title 10,
7-16 Government Code, does not apply to a procurement under this
7-17 subchapter.
7-18 (b) This subchapter does not limit a telecommunications
7-19 provider from placing lines or facilities in the unimproved portion
7-20 of state highway right-of-way to the extent authorized by
7-21 applicable law.
7-22 Sec. 202.096. REVENUE. The department shall deposit in the
7-23 state highway fund any revenue received under this subchapter.
7-24 Sec. 202.097. RULEMAKING. The commission shall adopt rules
7-25 for the implementation of this subchapter.
7-26 SECTION 1.20. Chapter 222, Transportation Code, is amended
7-27 by adding Subchapter D to read as follows:
7-28 SUBCHAPTER D. STATE INFRASTRUCTURE BANK
7-29 Sec. 222.071. DEFINITIONS. In this subchapter:
7-30 (1) "Bank" means the state infrastructure bank
7-31 account.
7-32 (2) "Construction" has the meaning assigned by 23
7-33 U.S.C. Section 101.
7-34 (3) "Federal act" means Section 350 of the National
7-35 Highway System Designation Act of 1995 (Pub. L. No. 104-59).
7-36 (4) "Federal-aid highway" has the meaning assigned by
7-37 23 U.S.C. Section 101.
7-38 (5) "Qualified project" includes:
7-39 (A) the construction of a federal-aid highway;
7-40 (B) a transit project under 49 U.S.C. Sections
7-41 5307, 5309, and 5311; or
7-42 (C) for the expenditure of secondary funds, a
7-43 project eligible for assistance under Title 23 or Title 49, United
7-44 States Code.
7-45 (6) "Secondary funds" includes:
7-46 (A) the repayment of a loan or other assistance
7-47 that is provided with money deposited to the credit of the bank;
7-48 and
7-49 (B) investment income generated by secondary
7-50 funds deposited to the credit of the bank.
7-51 Sec. 222.072. STATE INFRASTRUCTURE BANK. (a) The state
7-52 infrastructure bank is an account in the state highway fund. The
7-53 bank is administered by the commission.
7-54 (b) Federal funds received by the state under the federal
7-55 act, matching state funds in an amount required by that Act,
7-56 proceeds from bonds issued under Section 222.075, and secondary
7-57 funds may be deposited into the bank and used only for the purposes
7-58 described in this subchapter.
7-59 Sec. 222.073. PURPOSES OF INFRASTRUCTURE BANK. The
7-60 commission shall use money deposited in the bank to:
7-61 (1) encourage public and private investment in
7-62 transportation facilities, including facilities that contribute to
7-63 the multimodal and intermodal transportation capabilities of the
7-64 state; and
7-65 (2) develop financing techniques designed to:
7-66 (A) expand the availability of funding for
7-67 transportation projects and to reduce direct state costs;
7-68 (B) maximize private and local participation in
7-69 financing projects; and
8-1 (C) improve the efficiency of the state
8-2 transportation system.
8-3 Sec. 222.074. FORM OF ASSISTANCE. (a) To further a purpose
8-4 described by Section 222.073, the commission may use money
8-5 deposited to the credit of the bank to provide financial assistance
8-6 to a public or private entity for a qualified project to:
8-7 (1) extend credit by direct loan;
8-8 (2) provide credit enhancements;
8-9 (3) serve as a capital reserve for bond or debt
8-10 instrument financing;
8-11 (4) subsidize interest rates;
8-12 (5) insure the issuance of a letter of credit or
8-13 credit instrument;
8-14 (6) finance a purchase or lease agreement in
8-15 connection with a transit project;
8-16 (7) provide security for bonds and other debt
8-17 instruments; or
8-18 (8) provide methods of leveraging money that have been
8-19 approved by the United States Secretary of Transportation and
8-20 relate to the project for which the assistance is provided.
8-21 (b) Financial assistance to a private entity under
8-22 Subsection (a) shall be limited to a qualified project that:
8-23 (1) provides transportation services or facilities for
8-24 use by the general public; or
8-25 (2) is constructed or operated in cooperation with a
8-26 state agency or political subdivision in accordance with an
8-27 agreement between that agency or political subdivision and the
8-28 private entity.
8-29 Sec. 222.075. REVENUE BONDS. (a) The commission may issue
8-30 revenue bonds for the purpose of providing money for the bank.
8-31 (b) Except as provided by Subsection (c), the commission may
8-32 issue revenue bonds or revenue refunding bonds under this section
8-33 without complying with any other law applicable to the issuance of
8-34 bonds.
8-35 (c) Notwithstanding any other provision of this section, the
8-36 following laws apply to bonds issued by the commission:
8-37 (1) Chapter 503, Acts of the 54th Legislature, 1955
8-38 (Article 717k, Vernon's Texas Civil Statutes);
8-39 (2) Chapter 3, Acts of the 61st Legislature, Regular
8-40 Session, 1969 (Article 717k-2, Vernon's Texas Civil Statutes);
8-41 (3) the Bond Procedures Act of 1981 (Article 717k-6,
8-42 Vernon's Texas Civil Statutes);
8-43 (4) Article 3, Chapter 53, Acts of the 70th
8-44 Legislature, 2nd Called Session, 1987 (Article 717k-8, Vernon's
8-45 Texas Civil Statutes); and
8-46 (5) Chapter 656, Acts of the 68th Legislature, Regular
8-47 Session, 1983 (Article 717q, Vernon's Texas Civil Statutes).
8-48 (d) The revenue bonds are special obligations of the
8-49 commission payable only from income and receipts of the bank as the
8-50 commission may designate. The income and receipts include
8-51 principal of and interest paid and to be paid on acquired
8-52 obligations, other designated obligations held by the bank, or
8-53 income from accounts created within the bank.
8-54 (e) The revenue bonds do not constitute a debt of the state
8-55 or a pledge of the faith and credit of the state.
8-56 (f) The commission may require participants to make charges,
8-57 levy taxes, or otherwise provide for sufficient money to pay
8-58 acquired obligations.
8-59 (g) Revenue bonds issued under this section shall be
8-60 authorized by order of the commission and shall have the form and
8-61 characteristics and bear the designations as are provided in the
8-62 order.
8-63 (h) Revenue bonds shall:
8-64 (1) be dated;
8-65 (2) bear interest at the rate or rates authorized by
8-66 law;
8-67 (3) mature at the time or times, serially, as term,
8-68 revenue bonds, or otherwise not more than 50 years after their
8-69 dates;
9-1 (4) be called before stated maturity on the terms and
9-2 at the prices, be in the denominations, be in the form, either
9-3 coupon or registered, carry registration privileges as to principal
9-4 only or as to both principal and interest and as to successive
9-5 exchange of coupon for registered bonds or one denomination for
9-6 bonds of other denominations, and successive exchange of registered
9-7 revenue bonds for coupon revenue bonds, be executed in the manner,
9-8 and be payable at the place or places inside or outside the state,
9-9 as provided in the order;
9-10 (5) be issued in temporary or permanent form;
9-11 (6) be issued in one or more installments and from
9-12 time to time as required and sold at a price or prices and under
9-13 terms determined by the commission to be the most advantageous
9-14 reasonably obtainable; and
9-15 (7) be issued on a parity with and be secured in the
9-16 manner as other revenue bonds authorized to be issued by this
9-17 section or be issued without parity and secured differently from
9-18 other revenue bonds.
9-19 (i) All proceedings relating to the issuance of revenue
9-20 bonds issued under this section shall be submitted to the attorney
9-21 general for examination. On determining that the revenue bonds
9-22 have been authorized in accordance with law, the attorney general
9-23 shall approve the revenue bonds, and the revenue bonds shall be
9-24 registered by the comptroller. After the approval and
9-25 registration, the revenue bonds are incontestable in any court or
9-26 other forum for any reason and are valid and binding obligations in
9-27 accordance with their terms for all purposes.
9-28 (j) The proceeds received from the sale of revenue bonds
9-29 shall be deposited in the bank and invested in the manner provided
9-30 for other funds deposited under this subchapter.
9-31 Sec. 222.076. SEPARATE SUBACCOUNTS. The bank shall consist
9-32 of at least two separate subaccounts, a highway subaccount and a
9-33 transit subaccount.
9-34 Sec. 222.077. REPAYMENT TERMS; DEPOSIT OF REPAYMENTS;
9-35 INVESTMENT INCOME. (a) Any funds disbursed through the state
9-36 infrastructure bank must be repaid on terms determined by the
9-37 commission that comply with the federal act.
9-38 (b) Notwithstanding any other law to the contrary:
9-39 (1) the repayment of a loan or other assistance
9-40 provided with money deposited to the credit of a subaccount in the
9-41 bank shall be deposited in that subaccount; and
9-42 (2) investment income generated by money deposited to
9-43 the credit of a subaccount in the bank shall be:
9-44 (A) credited to that subaccount;
9-45 (B) available for use in providing financial
9-46 assistance under this subchapter; and
9-47 (C) invested in United States Treasury
9-48 securities, bank deposits, or other financing instruments approved
9-49 by the United States secretary of transportation to earn interest
9-50 and enhance the financing of projects assisted by the bank.
9-51 (c) The commission shall administer the bank in compliance
9-52 with the federal act and any applicable federal regulation or
9-53 guideline.
9-54 (d) The commission by rule shall:
9-55 (1) implement this subchapter; and
9-56 (2) establish eligibility criteria for an entity
9-57 applying for financial assistance from the bank.
9-58 Sec. 222.078. REPORT TO LEGISLATURE. (a) Not later than
9-59 January 1, 2001, the department shall submit a report to the
9-60 legislature on the status of projects funded by the state
9-61 infrastructure bank and the use of the bank. The report must
9-62 include information about:
9-63 (1) the financial and operational status of projects
9-64 assisted by the bank;
9-65 (2) the financial condition of the bank, including
9-66 fund balances;
9-67 (3) the cumulative value of investments made; and
9-68 (4) the extent to which projects assisted by the bank
9-69 have aided the state in meeting the state's transportation needs.
10-1 (b) This section expires January 1, 2001.
10-2 SECTION 1.21. Subchapter A, Chapter 223, Transportation
10-3 Code, is amended by adding Sections 223.012 and 223.013 to read as
10-4 follows:
10-5 Sec. 223.012. CONTRACTOR PERFORMANCE. The department shall:
10-6 (1) develop a schedule for liquidated damages that
10-7 accurately reflects the costs associated with project completion
10-8 delays, including administrative and travel delays; and
10-9 (2) review contractor bidding capacity to ensure that
10-10 contractors meet each quality and timeliness standard established
10-11 by the commission.
10-12 Sec. 223.013. ELECTRONIC BIDDING SYSTEM. (a) The
10-13 department may establish an electronic bidding system for highway
10-14 construction and maintenance contracts.
10-15 (b) The system must permit a qualified vendor to
10-16 electronically submit a bid, including any contract, signature, or
10-17 verification of a guaranty check by a financial institution.
10-18 (c) That part of Section 223.004(a) requiring a bid to be
10-19 opened at a public hearing of the commission does not apply to an
10-20 electronically submitted bid. A copy of each electronically
10-21 submitted bid shall be publicly posted within 48 hours after bids
10-22 are opened.
10-23 (d) After the electronic bidding system is established, the
10-24 department shall take the actions necessary to recover the
10-25 department's costs of manually processing bids from a person who
10-26 does not submit an electronic bid.
10-27 SECTION 1.22. Section 223.041, Transportation Code, is
10-28 amended to read as follows:
10-29 Sec. 223.041. Engineering and Design Contracts. (a) The
10-30 department primarily shall use private sector businesses to
10-31 accomplish its activities in preliminary and construction
10-32 engineering and engineering design, including materials engineering
10-33 and testing, environmental investigations, and related areas in
10-34 which services are available from the private sector. This goal
10-35 shall be achieved through the policy described by Subsection (b)
10-36 [department's policy regarding the regular use of private sector
10-37 professional services for preliminary and construction engineering
10-38 and engineering design shall achieve a balance between the use of
10-39 department employees and the use of private contractors if the
10-40 costs are equivalent].
10-41 (b) Of the positions paid out of funds appropriated to the
10-42 department for the planning, design, and management of highway
10-43 projects in the General Appropriations Act for the biennium
10-44 beginning on September 1, 1997, the department may fill only one of
10-45 every three positions that become vacant through resignation or
10-46 termination until:
10-47 (1) staffing levels are reduced by 33 percent from the
10-48 level authorized as of August 31, 1997, or to a level not to exceed
10-49 3,300 positions, with commensurate reductions in associated
10-50 administrative costs; and
10-51 (2) private sector providers are used for a minimum of
10-52 50 percent of each of the department's engineering activities [The
10-53 office of the state auditor shall determine relevant costs to be
10-54 considered under Subsection (a)].
10-55 (c) The department shall report to the Legislative Budget
10-56 Board not later than September 1 of each year on the department's
10-57 progress in achieving the goal set by Subsection (b).
10-58 (d) The Legislative Budget Board may modify the requirements
10-59 of Subsection (a) or (b) if, after a study by the State Council on
10-60 Competitive Government, the board finds that it is not possible for
10-61 the department to obtain services from the private sector on a
10-62 cost-effective basis. A study conducted under this section must:
10-63 (1) analyze the full costs of the department's total
10-64 engineering operation, with indirect costs allocated in proportion
10-65 to agency salaries in a manner comparable to private providers;
10-66 (2) analyze the department's historic costs of
10-67 procuring services from private sector providers;
10-68 (3) review and analyze the costs that other public
10-69 entities have for procuring engineering services from private
11-1 sector providers for large-scale construction projects; and
11-2 (4) review and make recommendations regarding
11-3 engineering management practices used by other public entities that
11-4 could improve the efficiency of the department's engineering
11-5 management system.
11-6 (e) If the Legislative Budget Board makes a request for a
11-7 study under Subsection (d), the costs of the study shall be paid by
11-8 the department through interagency contract. The study shall be
11-9 managed by the State Council on Competitive Government but may be
11-10 performed by an independent contractor.
11-11 (f) The commission may provide for hearings at which private
11-12 sector complaints relating to the selection process are heard.
11-13 SECTION 1.23. Chapter 224, Transportation Code, is amended
11-14 by adding Subchapter F to read as follows:
11-15 SUBCHAPTER F. CONGESTION MITIGATION PROJECTS AND FACILITIES
11-16 Sec. 224.151. DEFINITIONS. In this subchapter:
11-17 (1) "Congestion" means the level at which
11-18 transportation system performance is no longer acceptable because
11-19 of traffic interference. The level of acceptable system
11-20 performance may vary by type of transportation facility, geographic
11-21 location, or time of day.
11-22 (2) "Congestion mitigation" means projects and
11-23 facilities used to reduce congestion to promote the use of carpools
11-24 and vanpools, improve air quality, conserve fuel, and enhance the
11-25 use of existing highways and facilities on the state highway
11-26 system.
11-27 (3) "High occupancy vehicle" means a bus or other
11-28 motorized passenger vehicle such as a carpool or vanpool vehicle
11-29 used for ridesharing purposes and occupied by a specified minimum
11-30 number of persons.
11-31 (4) "High occupancy vehicle lane" means one or more
11-32 lanes of a highway or an entire highway where high occupancy
11-33 vehicles, trucks, or emergency vehicles in any combination are
11-34 given at all times, or at regularly scheduled times, a priority or
11-35 preference over some or all other vehicles moving in the general
11-36 stream of all highway traffic.
11-37 (5) "Motor vehicle" has the meaning assigned by
11-38 Section 522.003.
11-39 (6) "Transportation corporation" means a
11-40 transportation corporation created by the state under Chapter 431.
11-41 Sec. 224.152. PURPOSE. (a) Subject to the availability of
11-42 state and federal funds, it is the intent of the legislature to
11-43 further the purposes of the United States Congress as expressed in
11-44 23 U.S.C. Sections 134, 135, 146, and 149 and in Section 1012(b) of
11-45 Pub. L. No. 102-240 to conserve fuel, decrease traffic congestion
11-46 during rush hours, improve air quality, develop innovative
11-47 techniques to finance transportation projects, and enhance the use
11-48 of existing highways and facilities.
11-49 (b) The legislature declares that it is necessary, to
11-50 further the purposes described by Subsection (a), to provide for
11-51 the participation of the commission and the department in projects
11-52 and facilities for the purpose of congestion mitigation.
11-53 Sec. 224.153. HIGH OCCUPANCY VEHICLE LANES AUTHORIZED.
11-54 (a) The commission may designate and the department or a
11-55 transportation corporation may design, construct, operate, or
11-56 maintain one or more lanes on a multi-lane highway facility as
11-57 dedicated high occupancy vehicle lanes on the state highway system.
11-58 (b) The commission may spend or allocate any available funds
11-59 to:
11-60 (1) designate highway lanes as preferential carpool or
11-61 high occupancy vehicle lanes and create facilities to relieve
11-62 traffic congestion; or
11-63 (2) make any other designation of a dedicated high
11-64 occupancy vehicle lane on the state highway system.
11-65 Sec. 224.154. CONGESTION MITIGATION. (a) Notwithstanding
11-66 any law of this state relating to charging tolls on existing free
11-67 public highways, the commission may by order authorize the
11-68 department or a transportation corporation to charge a toll for the
11-69 use of one or more lanes of a state highway facility, including a
12-1 high occupancy vehicle lane, for the purposes of congestion
12-2 mitigation.
12-3 (b) The commission may by order set the amount of toll
12-4 charges. Any toll charges shall be imposed in a reasonable and
12-5 nondiscriminatory manner.
12-6 (c) For purposes of congestion mitigation projects and
12-7 facilities under this subchapter, the department and a
12-8 transportation corporation are successor agencies to the Texas
12-9 Turnpike Authority for purposes of Section 52-b, Article III, Texas
12-10 Constitution.
12-11 (d) Revenue generated from toll charges and administrative
12-12 fees assessed by the department in connection with a congestion
12-13 mitigation facility shall be deposited in the state highway fund
12-14 and may be used only for projects for the improvement of the state
12-15 highway system.
12-16 (e) The powers granted by this section are subject to the
12-17 restrictions of 23 U.S.C. Section 129.
12-18 Sec. 224.155. FAILURE OR REFUSAL TO PAY TOLL CHARGES. Any
12-19 motor vehicle other than a police or emergency vehicle that is
12-20 driven or towed through a toll collection facility shall pay the
12-21 proper toll.
12-22 Sec. 224.156. ADMINISTRATIVE FEE; NOTICE. (a) In the event
12-23 of nonpayment of the proper toll, on issuance of proper notice of
12-24 nonpayment, the registered owner of the nonpaying vehicle is
12-25 legally bound to pay both the proper toll and an administrative
12-26 fee.
12-27 (b) The commission by rule and a transportation corporation
12-28 by order of its board of directors may respectively fix an
12-29 administrative fee, not to exceed $100, to recover the cost of
12-30 collecting an unpaid toll. The notice of nonpayment to the
12-31 registered owner shall be sent by the department by first-class
12-32 mail not later than 30 days after the date of the alleged failure
12-33 to pay and may require payment not sooner than 30 days after the
12-34 date the notice was mailed. The registered owner shall pay a
12-35 separate toll and administrative fee for each event of nonpayment.
12-36 (c) If the registered owner of the vehicle fails to pay the
12-37 proper toll and administrative fee within the time specified by the
12-38 notice of nonpayment issued under this section, the registered
12-39 owner shall be cited as for other traffic violations for the
12-40 nonpayment, and the owner is legally bound to pay a fine, not to
12-41 exceed $250, for each event of nonpayment. Neither the legal
12-42 obligation to pay nor the actual payment of the fine affects the
12-43 legal duty of the owner for any other fine or penalty prescribed by
12-44 law.
12-45 Sec. 224.157. PROSECUTIONS. (a) In the prosecution of a
12-46 violation under Sections 224.155 and 224.156, proof that the
12-47 vehicle passed through a toll collection facility without payment
12-48 of the proper toll, together with proof that the defendant was the
12-49 registered owner of the vehicle when the failure to pay occurred,
12-50 establishes the nonpayment of the registered owner.
12-51 (b) The court of the local jurisdiction in which the
12-52 violation occurred may assess and collect the fine in addition to
12-53 any court costs. The court shall also collect the proper toll and
12-54 administrative fee and forward the toll and fee to the department
12-55 or to the transportation corporation.
12-56 (c) It is a defense to nonpayment under Section 224.155 or
12-57 224.156 that the motor vehicle in question was stolen before the
12-58 failure to pay the proper toll occurred and was not recovered by
12-59 the time of the failure to pay, but only if the theft was reported
12-60 to the appropriate law enforcement authority before the earlier of:
12-61 (1) the occurrence of the failure to pay; or
12-62 (2) eight hours after discovery of the theft.
12-63 (d) A registered owner who is a lessor of a vehicle
12-64 concerning which a notice of nonpayment was issued under Section
12-65 224.156 is not liable in connection with that notice of nonpayment
12-66 if, not later than 30 days after the date the notice of nonpayment
12-67 is mailed, the registered owner provides to the department or the
12-68 transportation corporation a copy of the rental, lease, or other
12-69 contract document covering the vehicle on the date of the
13-1 nonpayment, with the name and address of the lessee clearly
13-2 legible. Failure to provide this information within the period
13-3 prescribed renders the lessor liable as the registered owner. If
13-4 the lessor provides the required information within the period
13-5 prescribed, the lessee of the vehicle on the date of the violation
13-6 is considered to be the owner of the vehicle for purposes of this
13-7 subchapter and is subject to prosecution for failure to pay the
13-8 proper toll as if the lessee were the registered owner, if the
13-9 department or the transportation corporation sends a notice of
13-10 nonpayment to the lessee by first-class mail within 30 days after
13-11 the date of receipt of the required information from the lessor.
13-12 Sec. 224.158. USE AND RETURN OF TRANSPONDERS. (a) For
13-13 purposes of this section, a "transponder" means a device, placed on
13-14 or within a motor vehicle, that is capable of transmitting
13-15 information used to assess or collect tolls. A transponder is
13-16 "insufficiently funded" when there are no remaining funds in the
13-17 account in connection with which the transponder was issued.
13-18 (b) Any law enforcement officer of the Department of Public
13-19 Safety has the authority to seize a stolen or insufficiently funded
13-20 transponder and to return it to the department or the
13-21 transportation corporation, except that an insufficiently funded
13-22 transponder may not be seized sooner than 30 days after the date
13-23 the department or the transportation corporation has sent a notice
13-24 of delinquency to the holder of the account.
13-25 Sec. 224.159. ADOPTION OF RULES; PRESCRIBE FORMS. The
13-26 commission shall adopt rules and prescribe forms to administer this
13-27 subchapter.
13-28 SECTION 1.24. Section 431.073, Transportation Code, is
13-29 amended to read as follows:
13-30 Sec. 431.073. PROJECT IN COUNTY OF 500,000 [1.5 MILLION] OR
13-31 MORE OR ADJACENT COUNTY. (a) This section applies only to a
13-32 corporation [in existence on August 31, 1991,] that was created by
13-33 the state or one or more counties or municipalities to implement a
13-34 transportation project in:
13-35 (1) a county with a population of 500,000 [1.5
13-36 million] or more; or
13-37 (2) a county adjacent to a county described by
13-38 Subdivision (1).
13-39 (b) If approved and authorized by the commission, a
13-40 corporation created by the state has the rights, powers,
13-41 privileges, authority, and functions given the department under
13-42 this title to:
13-43 (1) construct, improve, operate, and maintain high
13-44 occupancy vehicle lanes; and
13-45 (2) charge a toll for the use of one or more high
13-46 occupancy vehicle lanes for the purpose of congestion mitigation.
13-47 (c) A corporation in existence on August 31, 1991, has the
13-48 powers, rights, and privileges of a corporation created under
13-49 Chapter 11, Title 32, Revised Statutes, as that law existed on
13-50 August 31, 1991, except that the required right-of-way of any
13-51 highway, road, street, or turnpike may be of the width required or
13-52 approved by the commission or each governing body creating the
13-53 corporation.
13-54 SECTION 1.25. Section 224.033, Transportation Code, is
13-55 amended to read as follows:
13-56 Sec. 224.033. COUNTY IMPROVEMENT OF STATE SYSTEM. (a) The
13-57 commission may enter into an agreement with the commissioners court
13-58 of a county [may contract with the department] for the improvement
13-59 by the county of the state highway system.
13-60 (b) In this section, "improvement" means construction,
13-61 reconstruction, maintenance, and the making of a necessary plan or
13-62 survey before beginning construction, reconstruction, or
13-63 maintenance and includes a project or activity[:]
13-64 [(1)] appurtenant to a state highway and including
13-65 drainage facilities, surveying, traffic counts, driveways,
13-66 landscaping, signs, lights, or guardrails[; or]
13-67 [(2) involving maintenance of a state highway and
13-68 appurtenant facilities].
13-69 SECTION 1.26. Section 251.014, Transportation Code, is
14-1 amended to read as follows:
14-2 Sec. 251.014. COUNTY IMPROVEMENT OF STATE HIGHWAY. (a) The
14-3 commissioners court of a county may enter into an agreement
14-4 [contract] with the commission [department] for the county to carry
14-5 out a project or activity for the improvement of a segment of the
14-6 state highway system.
14-7 (b) In this section, "improvement" means construction,
14-8 reconstruction, maintenance, and the making of a necessary plan or
14-9 survey before beginning construction, reconstruction, or
14-10 maintenance and includes a [if the] project or activity[:]
14-11 [(1) is] appurtenant to a state highway, including
14-12 surveying, making a traffic count, or landscaping or an activity
14-13 relating to a drainage facility, driveway, sign, light, or
14-14 guardrail[; or]
14-15 [(2) involves maintenance of a state highway or
14-16 appurtenant facility].
14-17 SECTION 1.27. Chapter 455, Transportation Code, is amended
14-18 by adding Section 455.0015 to read as follows:
14-19 Sec. 455.0015. TRANSPORTATION NEEDS OF CLIENTS OF HEALTH AND
14-20 HUMAN SERVICES AGENCIES. In performing its public transportation
14-21 planning and funding activities, the department shall consider and
14-22 include the transportation needs of those persons who are clients
14-23 of the health and human services agencies of this state.
14-24 SECTION 1.28. Section 623.074, Transportation Code, is
14-25 amended by adding Subsection (d) to read as follows:
14-26 (d) The department may by rule authorize an applicant to
14-27 submit an application electronically. An electronically submitted
14-28 application shall be considered signed if a digital signature is
14-29 transmitted with the application and intended by the applicant to
14-30 authenticate the application. For purposes of this subsection,
14-31 "digital signature" means an electronic identifier intended by the
14-32 person using it to have the same force and effect as the use of a
14-33 manual signature.
14-34 SECTION 1.29. (a) Not later than April 30, 1998, the Texas
14-35 Department of Transportation shall complete a study of alternative
14-36 routes for a second transportation link from the mainland to South
14-37 Padre Island that would:
14-38 (1) provide an alternative for emergency ingress or
14-39 egress for permanent residents and daily and overnight visitors;
14-40 (2) better disperse the traffic on the island to
14-41 reduce congestion at the southern end of the island;
14-42 (3) reduce the travel time and cost by providing a
14-43 more direct route to the island from upper Rio Grande Valley
14-44 locations and provide relief to traffic congestion in
14-45 municipalities along existing highway routes; and
14-46 (4) give priority to environmentally friendly
14-47 alternative options, such as a light-rail highway combination, that
14-48 could be anchored at the Valley International Airport and the South
14-49 Padre Convention Center or at other logical destinations.
14-50 (b) The Texas Department of Transportation shall, not later
14-51 than December 31, 1998, report to the legislature on the
14-52 department's plans to implement the recommendations of the study
14-53 described by Subsection (a) of this section.
14-54 SECTION 1.30. Subsection (b), Section 201.109,
14-55 Transportation Code, is amended to read as follows:
14-56 (b) In carrying out this section, the commission shall
14-57 provide for:
14-58 (1) maximizing the generation of revenue from existing
14-59 assets of the department, including real estate;
14-60 (2) increasing the role of the private sector and
14-61 public-private projects in the leasing of real estate and other
14-62 assets in the development of highway projects;
14-63 (3) setting and attempting to meet annual revenue
14-64 enhancement goals;
14-65 (4) reporting on the progress in meeting revenue
14-66 enhancement goals in the department's annual report; [and]
14-67 (5) contracting for an independent audit of the
14-68 department's management and business operations in 2001 and each
14-69 12th year after 2001; and
15-1 (5) developing cost-benefit analysis between the use
15-2 of local materials previously incorporated into roadways versus use
15-3 of materials blended or transported from other sources.
15-4 SECTION 1.31. Subchapter C, Chapter 791, Government Code, is
15-5 amended by adding Section 791.031 to read as follows:
15-6 Sec. 791.031. TRANSPORTATION INFRASTRUCTURE. This section
15-7 applies only to a local government, other than a school district,
15-8 that is authorized to impose ad valorem taxes on real property.
15-9 (b) The Texas Department of Transportation may enter into an
15-10 interlocal contract with a local government for the financing of
15-11 transportation infrastructure that is constructed or that is to be
15-12 constructed in the territory of the local government by the
15-13 department.
15-14 (c) The agreement must include:
15-15 (1) the duration of the agreement;
15-16 (2) a description of each transportation
15-17 infrastructure project or proposed project;
15-18 (3) a map showing the location of each project; and
15-19 (4) an estimate of the cost of each project.
15-20 (d) The agreement may establish one or more transportation
15-21 infrastructure zones. The Texas Department of Transportation and
15-22 the local government may agree that at one or more specified times,
15-23 the local government will pay to the Texas Department of
15-24 Transportation an amount that is calculated on the basis of
15-25 increased ad valorem tax collections in a zone that are
15-26 attributable to increased values of property located in the zone
15-27 resulting from an infrastructure project. The amount may not
15-28 exceed an amount that is equal to 30 percent of the increase in ad
15-29 valorem tax collections for the specified period.
15-30 (e) Money received by the Texas Department of Transportation
15-31 under this section may be used:
15-32 (1) to provide a local match for the acquisition of
15-33 right-of-way in the territory of the local government; or
15-34 (2) for design, construction, operation, or
15-35 maintenance of transportation facilities in the territory of the
15-36 local government.
15-37 SECTION 1.32. Subtitle B, Title 6, Transportation Code, is
15-38 amended by adding Chapter 226 to read as follows:
15-39 CHAPTER 226. EMERGENCY CALL BOX SYSTEM
15-40 Sec. 226.001. DEFINITION. In this chapter, "emergency
15-41 response service" means:
15-42 (1) firefighting, law enforcement, or emergency
15-43 medical services that are provided by a public agency; or
15-44 (2) motorist assistance services.
15-45 Sec. 226.002. APPLICABILITY; LIMITATION ON EXPENDITURES.
15-46 This chapter does not:
15-47 (1) apply to a segment of a highway that the
15-48 commission has designated as a farm-to-market or ranch-to-market
15-49 road; or
15-50 (2) authorize the department to make an expenditure of
15-51 money for the implementation, operation, or maintenance of the
15-52 emergency telephone call box system under this chapter that exceeds
15-53 the amount of money deposited to the credit of the state highway
15-54 fund under Section 226.009.
15-55 Sec. 226.003. INSTALLATION, OPERATION, AND MAINTENANCE OF
15-56 CALL BOX SYSTEM. (a) The department shall provide for the
15-57 installment, operation, and maintenance of a system of emergency
15-58 telephone call boxes along those highways in this state that are
15-59 part of the designated state highway system.
15-60 (b) The system must:
15-61 (1) be designed to enable users of those highways to
15-62 request emergency and nonemergency response services; and
15-63 (2) include:
15-64 (A) wireless telecommunications services; and
15-65 (B) one or more motorist assistant answering
15-66 centers; and
15-67 (3) be capable of performing compatible Intelligent
15-68 Transportation Systems (ITS) functions.
15-69 (c) To minimize call processing loads in public safety
16-1 answering points established under Chapter 771 or 772, Health and
16-2 Safety Code, the department shall, to the extent practicable,
16-3 contract with a private entity to perform the functions of a
16-4 motorist assistance answering center under Subsection (b)(2)(B).
16-5 Sec. 226.004. LOCATION OF AND DISTANCE BETWEEN CALL BOXES.
16-6 The location of the emergency call boxes shall be determined by the
16-7 department in accordance with the design specifications of the
16-8 system.
16-9 Sec. 226.005. EMERGENCY TELEPHONE CALL BOX SYSTEM ADVISORY
16-10 COMMITTEE. (a) There is created an emergency telephone call box
16-11 system advisory committee. The committee is composed of the
16-12 executive officers, or the representatives of the executive
16-13 officers, of:
16-14 (1) the department;
16-15 (2) the Advisory Commission on State Emergency
16-16 Communications;
16-17 (3) the General Services Commission;
16-18 (4) the Texas Department of Health; and
16-19 (5) the Department of Public Safety.
16-20 (b) Except for the authority provided by Section 226.006,
16-21 the committee shall:
16-22 (1) advise and assist in:
16-23 (A) the design, operation, and maintenance of
16-24 the system; and
16-25 (B) the development of specifications for each
16-26 contract to be awarded under this chapter.
16-27 Sec. 226.006. OVERSIGHT BY ADVISORY COMMISSION ON STATE
16-28 EMERGENCY COMMUNICATIONS. (a) The Advisory Commission on State
16-29 Emergency Communications shall:
16-30 (1) provide technical and management oversight to
16-31 support the proper routing of a call made to an emergency response
16-32 services provider from an emergency telephone call box and any
16-33 emergency response to that call; and
16-34 (2) coordinate the operation and maintenance of the
16-35 system through local councils of governments and 9-1-1 districts.
16-36 (b) If the advisory commission establishes standards for
16-37 system performance, the standards must be applicable throughout the
16-38 state.
16-39 Sec. 226.007. CONTRACTS FOR IMPLEMENTATION AND INSTALLATION
16-40 OF CALL BOX SYSTEM. (a) The department shall:
16-41 (1) award one or more contracts to implement the
16-42 system not later than June 1, 1998;
16-43 (2) require that installation of the system begin not
16-44 later than September 1, 1998; and
16-45 (3) implement the system in each area of the state
16-46 that has cellular telephone coverage.
16-47 (b) A contract awarded under this chapter shall be awarded
16-48 by the department in the manner provided by Chapter 223.
16-49 (c) The department may solicit proposals for and enter into
16-50 one or more lease-purchase agreements under this chapter.
16-51 Sec. 226.008. INTERGOVERNMENTAL COOPERATION. (a) The
16-52 Advisory Commission on State Emergency Communications, agencies of
16-53 this state, and each county and municipality in this state shall
16-54 cooperate in the design, establishment, operation, and maintenance
16-55 of the emergency telephone call box system.
16-56 (b) Local government authorities shall support statewide
16-57 public relations efforts with local media.
16-58 (c) Local government authorities that exercise local control
16-59 over emergency telephone call boxes may contract for services with
16-60 cellular communication service providers.
16-61 Sec. 226.009. FEE; OTHER REVENUE. (a) In this section,
16-62 "insurer" and "motor vehicle years of insurance" have the meanings
16-63 assigned those terms by Section 10(a), Article 4413(37), Revised
16-64 Statutes.
16-65 (b) Not later than March 1 of each year, each insurer shall
16-66 pay to the comptroller a fee in an amount equal to $1 multiplied by
16-67 the total number of motor vehicle years of insurance for insurance
16-68 policies delivered, issued for delivery, or renewed by the insurer
16-69 during the preceding calendar year.
17-1 (c) The fee imposed by this section is in addition to any
17-2 other fee or tax imposed by law on an insurer.
17-3 (d) The fee imposed by this section shall not be reflected
17-4 as an additional line item on the insured's invoice.
17-5 (e) The comptroller shall notify the Texas Department of
17-6 Insurance of each insurer that fails to pay the fee imposed by this
17-7 section. The department of insurance may revoke the certificate of
17-8 authority of an insurer who fails to pay the fee.
17-9 (f) Each fee under this section that is received by the
17-10 comptroller shall be deposited to the credit of a separate account
17-11 in the state highway fund. Money in the account, including any
17-12 interest accrued, may be used only for the purpose of implementing,
17-13 operating, maintaining, upgrading, or administering the emergency
17-14 telephone call box system established under this chapter.
17-15 (g) If the department, the emergency telephone call box
17-16 system technical committee, the Advisory Commission on State
17-17 Emergency Communications, or another agency or department of this
17-18 state derives any revenue from the operation or maintenance of the
17-19 emergency telephone call box system, the revenue must be sent to
17-20 the comptroller for deposit in the separate account as provided by
17-21 Subsection (f).
17-22 (h) Section 403.095, Government Code, does not apply to
17-23 money deposited to the credit of the state highway fund under this
17-24 section.
17-25 Sec. 226.010. ANNUAL REPORTS. (a) Not later than November
17-26 1 of each year, the department shall file with the lieutenant
17-27 governor, the speaker of the house of representatives, and the
17-28 Legislative Budget Board a report on the activities under this
17-29 chapter during the preceding fiscal year.
17-30 (b) The report may include the department's recommendations
17-31 for action by the legislature.
17-32 Sec. 226.011. APPLICATION OF SUNSET ACT. The emergency
17-33 telephone call box system and the provisions of this chapter are
17-34 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
17-35 continued in existence as provided by that chapter, the advisory
17-36 committee is abolished and this chapter expires on September 1,
17-37 2007.
17-38 SECTION 1.33. Subsection (b), Section 203.051,
17-39 Transportation Code, is amended to read as follows:
17-40 (b) Chapter 21, Property Code, applies to an acquisition by
17-41 eminent domain of any property for a state or federal highway. A
17-42 "state or federal highway," for purposes of this section shall mean
17-43 any highway, road, or street that is (i) on the national highway
17-44 system or the state highway system, or (ii) owned by a political
17-45 subdivision or a municipality of the state and is funded, or is to
17-46 be funded, in whole or in part, with federal or state funds.
17-47 (1) If an entire tract or parcel of real property is
17-48 condemned, the amount of compensation to which a property owner is
17-49 entitled shall be based on the market value of that property as of
17-50 the date of taking, except as provided by Subdivision (3).
17-51 (2) If less than the entire tract or parcel of real
17-52 property is condemned and the property owner seeks to recover
17-53 damages to the remaining property caused by the condemnation, the
17-54 total amount of compensation both for the property condemned and
17-55 any damages to the remaining property shall be based on the
17-56 difference in the market value of the entire property immediately
17-57 before the taking and the market value of the remaining property
17-58 immediately after the taking, considering any benefits or injuries
17-59 that the construction and operation of the condemnor's project may
17-60 have on the remaining property's market value.
17-61 (3) Any increase or decrease in the market value of an
17-62 entire tract or parcel of real property caused by the condemnor's
17-63 proposed project before the taking shall be disregarded in
17-64 estimating the market value of that property before the taking.
17-65 However, any increase or decrease in the market value of any
17-66 remaining property caused by the condemnor's proposed project after
17-67 the taking shall be considered in estimating the market value of
17-68 that property after the taking.
17-69 (4) The estimation of the market value of property
18-1 taken, and the remaining property if only part of an entire tract
18-2 or parcel of real property is taken, shall include consideration of
18-3 all factors considered in the marketplace that may affect the
18-4 property's market value including, but not limited to, the
18-5 following characteristics that affect a property's location:
18-6 (A) vehicular and pedestrian access to and from
18-7 and on and off the property;
18-8 (B) traffic circulation and count in and around
18-9 the property;
18-10 (C) visibility and appearance of and from the
18-11 property;
18-12 (D) productivity and convenience of use of the
18-13 property, including its highest and best use; and
18-14 (E) the property's access to utilities and
18-15 drainage.
18-16 (5) The effect that the condemnation may have on any
18-17 of the market value characteristics considered within Subdivision
18-18 (4) shall be considered in estimating the market value of any
18-19 remainder property regardless of whether some or all other
18-20 properties in the neighborhood may be similarly impacted by the
18-21 condemnation.
18-22 (6) If the property condemned is owned by the public
18-23 entity or other person organized and operated on a nonprofit basis,
18-24 the compensation measure shall be not less than the cost of
18-25 financial replacement if the property is devoted to and is needed
18-26 by the owner in good faith to perform a public function or to
18-27 render nonprofit educational, charitable or eleemosynary services.
18-28 ARTICLE 2. OUTDOOR ADVERTISING
18-29 SECTION 2.01. Section 391.065, Transportation Code, is
18-30 amended by adding Subsection (c) to read as follows:
18-31 (c) The commission may not adopt a rule under this chapter
18-32 that restricts competitive bidding or advertising by the holder of
18-33 a license issued under this chapter other than a rule to prohibit
18-34 false, misleading, or deceptive practices. The limitation provided
18-35 by this section applies only to rules relating to the occupation of
18-36 outdoor advertiser and does not affect the commission's power to
18-37 regulate the orderly and effective display of outdoor advertising
18-38 under this chapter. A rule to prohibit false, misleading, or
18-39 deceptive practices may not:
18-40 (1) restrict the use of:
18-41 (A) any legal medium for an advertisement;
18-42 (B) the license holder's advertisement under a
18-43 trade name; or
18-44 (C) the license holder's personal appearance or
18-45 voice in an advertisement, if the license holder is an individual;
18-46 or
18-47 (2) relate to the size or duration of an advertisement
18-48 by the license holder.
18-49 SECTION 2.02. Section 391.062, Transportation Code, is
18-50 amended by adding Subsection (c) to read as follows:
18-51 (c) At least 30 days before the date on which a person's
18-52 license expires, the commission shall notify the person of the
18-53 impending expiration. The notice must be in writing and sent to
18-54 the person's last known address according to the records of the
18-55 commission.
18-56 SECTION 2.03. Subsection (a), Section 391.066,
18-57 Transportation Code, is amended to read as follows:
18-58 (a) The commission may revoke or suspend a license issued
18-59 under this subchapter or place on probation a license holder whose
18-60 license is suspended if the license holder violates this chapter or
18-61 a rule adopted under this chapter. If the suspension of the
18-62 license is probated, the department may require the license holder
18-63 to report regularly to the commission on any matter that is the
18-64 basis of the probation.
18-65 ARTICLE 3. TEXAS MOTOR VEHICLE COMMISSION CODE
18-66 SECTION 3.01. Section 2.02A, Texas Motor Vehicle Commission
18-67 Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
18-68 to read as follows:
18-69 Sec. 2.02A. APPOINTMENTS. Appointments to the Commission
19-1 shall be made without [with due] regard to [for] the race, color,
19-2 disability, sex, religion, or [ethnicity, gender, and] national
19-3 origin of the appointees.
19-4 SECTION 3.02. Subchapter B, Texas Motor Vehicle Commission
19-5 Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
19-6 by adding Section 2.03A to read as follows:
19-7 Sec. 2.03A. TRAINING ON DEPARTMENT AND CERTAIN LAWS RELATING
19-8 TO DEPARTMENT. (a) To be eligible to take office as a member of
19-9 the Commission, a person appointed to the Commission must complete
19-10 at least one course of a training program that complies with this
19-11 section.
19-12 (b) The training program must provide information to the
19-13 person regarding:
19-14 (1) this Act;
19-15 (2) the programs operated by the department;
19-16 (3) the role and functions of the department;
19-17 (4) the rules of the department with an emphasis on
19-18 the rules that relate to disciplinary and investigatory authority;
19-19 (5) the current budget for the department;
19-20 (6) the results of the most recent formal audit of the
19-21 department;
19-22 (7) the requirements of the:
19-23 (A) open meetings law, Chapter 551, Government
19-24 Code;
19-25 (B) open records law, Chapter 552, Government
19-26 Code; and
19-27 (C) administrative procedure law, Chapter 2001,
19-28 Government Code;
19-29 (8) the requirements of the conflict of interest laws
19-30 and other laws relating to public officials; and
19-31 (9) any applicable ethics policies adopted by the
19-32 Commission or the Texas Ethics Commission.
19-33 (c) A person appointed to the Commission is entitled to
19-34 reimbursement for travel expenses incurred in attending the
19-35 training program, as provided by the General Appropriations Act and
19-36 as if the person were a member of the Commission.
19-37 SECTION 3.03. Subsection (b), Section 2.08, Texas Motor
19-38 Vehicle Commission Code (Article 4413(36), Vernon's Texas Civil
19-39 Statutes), is amended to read as follows:
19-40 (b) The Commission is subject to Chapters 551 and 2001,
19-41 Government Code [the open meetings law, Chapter 271, Acts of the
19-42 60th Legislature, Regular Session, 1967, as amended (Article
19-43 6252-17, Vernon's Texas Civil Statutes)].
19-44 SECTION 3.04. Subsection (c), Section 2.08A, Texas Motor
19-45 Vehicle Commission Code (Article 4413(36), Vernon's Texas Civil
19-46 Statutes), is amended to read as follows:
19-47 (c) If the Executive Director has knowledge that a potential
19-48 ground for removal exists, the Executive Director shall notify the
19-49 Chairman of the Commission of the ground. The Chairman shall then
19-50 notify the Governor and the Attorney General that a potential
19-51 ground for removal exists. If the potential ground for removal
19-52 relates to the Chairman of the Commission, the Executive Director
19-53 shall notify the Vice-chairman of the Commission, who shall notify
19-54 the Governor and the Attorney General that a potential ground for
19-55 removal exists.
19-56 SECTION 3.05. Subsection (e), Section 2.09, Texas Motor
19-57 Vehicle Commission Code (Article 4413(36), Vernon's Texas Civil
19-58 Statutes), is amended to read as follows:
19-59 (e) The Executive Director shall appoint and employ such
19-60 Commission staff as are necessary to carry out the duties and
19-61 functions of the Executive Director and the Commission under this
19-62 Act. The Commission shall develop and implement policies that
19-63 clearly separate the policy-making [define the respective]
19-64 responsibilities of the Commission and the management
19-65 responsibilities of the Executive Director and staff of the
19-66 Commission.
19-67 SECTION 3.06. Subsection (b), Section 2.10, Texas Motor
19-68 Vehicle Commission Code (Article 4413(36), Vernon's Texas Civil
19-69 Statutes), is amended to read as follows:
20-1 (b) The Commission shall file annually with the Governor and
20-2 the presiding officer of each house of the legislature a complete
20-3 and detailed written report accounting for all funds received and
20-4 disbursed by the Commission during the preceding fiscal year. The
20-5 annual report must comply with each reporting requirement
20-6 applicable to financial reporting [be in the form and reported in
20-7 the time] provided by the General Appropriations Act.
20-8 SECTION 3.07. Section 2.12, Texas Motor Vehicle Commission
20-9 Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
20-10 to read as follows:
20-11 Sec. 2.12. COMPLAINTS. (a) The Commission shall:
20-12 (1) keep an information file about each complaint
20-13 filed with the Commission that the Commission has authority to
20-14 resolve; and
20-15 (2) provide the person who filed the complaint, and
20-16 each person or entity that is the subject of the complaint,
20-17 information about the Commission's policies and procedures relating
20-18 to complaint investigation and resolution.
20-19 (b) If a written complaint is filed with the Commission that
20-20 the Commission has authority to resolve, the Commission, at least
20-21 quarterly and until final disposition of the complaint, shall
20-22 notify the parties to the complaint of the status of the complaint
20-23 unless the notice would jeopardize an ongoing Commission
20-24 investigation.
20-25 (c) With regard to each complaint filed with the Commission,
20-26 the Commission shall keep the following information:
20-27 (1) the date the complaint is filed;
20-28 (2) the name of the person filing the complaint;
20-29 (3) the subject matter of the complaint;
20-30 (4) a record of each person contacted in relation to
20-31 the complaint;
20-32 (5) a summary of the results of the review or
20-33 investigation of the complaint; and
20-34 (6) if the Commission takes no action on the
20-35 complaint, an explanation of the reasons that no action was taken.
20-36 SECTION 3.08. Subsections (a), (b), and (d), Section 2.13,
20-37 Texas Motor Vehicle Commission Code (Article 4413(36), Vernon's
20-38 Texas Civil Statutes), are amended to read as follows:
20-39 (a) The Executive Director or his designee shall develop an
20-40 intraagency career ladder program that addresses opportunities for
20-41 mobility and advancement of employees in the Commission. The
20-42 program shall require intraagency postings of all [nonentry level]
20-43 positions concurrently with any public posting.
20-44 (b) The Executive Director or his designee shall develop a
20-45 system of annual performance evaluations that are based on
20-46 documented employee performance. All merit pay for Commission
20-47 employees must be based on the system established under this
20-48 subsection.
20-49 (d) The Executive Director or his designee shall prepare and
20-50 maintain a written policy statement to assure implementation of a
20-51 program of equal employment opportunity under which all personnel
20-52 transactions are made without regard to race, color, disability
20-53 [handicap], sex, religion, age, or national origin. The policy
20-54 statement must include:
20-55 (1) personnel policies, including policies relating to
20-56 recruitment, evaluation, selection, appointment, training, and
20-57 promotion of personnel that comply with Chapter 21, Labor Code;
20-58 (2) a comprehensive analysis of the Commission work
20-59 force that meets federal and state guidelines;
20-60 (3) procedures by which a determination can be made of
20-61 significant underuse in the Commission work force of all persons
20-62 for whom federal or state guidelines encourage a more equitable
20-63 balance; and
20-64 (4) reasonable methods to appropriately address those
20-65 areas of significant underuse.
20-66 A policy statement prepared under this subsection must cover
20-67 an annual period, be updated at least annually, be reviewed by the
20-68 Texas Commission on Human Rights for compliance with Subdivision
20-69 (1) of this subsection, and be filed with the Governor's office.
21-1 The Governor's office shall deliver a biennial report to the
21-2 legislature based on the information received under this
21-3 subsection. The report may be made separately or as a part of
21-4 other biennial reports made to the legislature.
21-5 SECTION 3.09. Section 4.01B, Texas Motor Vehicle Commission
21-6 Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
21-7 to read as follows:
21-8 Sec. 4.01B. [NOTICE OF] LICENSE EXPIRATION. (a) The
21-9 Commission by rule may implement a system under which licenses
21-10 expire on various dates during the year.
21-11 (b) The Commission shall notify each person licensed under
21-12 this Act of the date of license expiration and the amount of the
21-13 fee required for license renewal. The notice shall be mailed at
21-14 least thirty days before the date of license expiration.
21-15 (c) For a year in which a license expiration date is
21-16 changed, the fee for the license shall be prorated so that the
21-17 holder of the license pays only that portion of the license fee
21-18 that is allocable to the number of months during which the license
21-19 is valid. On renewal of the license on the new expiration date,
21-20 the entire license renewal fee is payable.
21-21 ARTICLE 4. MOTOR CARRIERS
21-22 SECTION 4.01. Subsection (i), Section 3, Article 6675c,
21-23 Revised Statutes, is amended to read as follows:
21-24 (i) A registration issued under this article is valid for
21-25 one year. The department may adopt a system under which
21-26 registrations expire at different times during the year. At least
21-27 30 days before the date on which a motor carrier's registration
21-28 expires, the department shall notify the carrier of the impending
21-29 expiration. The notice must be in writing and sent to the motor
21-30 carrier's last known address according to the records of the
21-31 department. A motor carrier may renew a registration under this
21-32 article by:
21-33 (1) supplementing the application with any new
21-34 information required under Subsection (g) of this section;
21-35 (2) paying a $10 fee for each vehicle requiring
21-36 registration the carrier operates; and
21-37 (3) showing the department evidence of continuing
21-38 insurance or financial responsibility in an amount at least equal
21-39 to the amount set by the department under Section 4(a) of this
21-40 article.
21-41 SECTION 4.02. Section 7, Article 6675c, Revised Statutes, is
21-42 amended to read as follows:
21-43 Sec. 7. Suspension and revocation of registration. (a) The
21-44 department may suspend or revoke a registration issued under this
21-45 article or place on probation a motor carrier whose registration is
21-46 suspended if:
21-47 (1) a motor carrier fails to maintain insurance as
21-48 required by Section 4(a) or (b) of this article;
21-49 (2) a motor carrier fails to keep proof of insurance
21-50 in the cab of each vehicle as required by Section 4(e) of this
21-51 article;
21-52 (3) a motor carrier fails to register a vehicle
21-53 requiring registration; or
21-54 (4) a motor carrier knowingly provides false
21-55 information on any form filed with the department under this
21-56 section.
21-57 (b) The Department of Public Safety may request that the
21-58 department suspend or revoke a registration issued under this
21-59 article or place on probation a motor carrier whose registration is
21-60 suspended if a motor carrier:
21-61 (1) has an unsatisfactory safety rating under 49
21-62 C.F.R. Part 385; or
21-63 (2) has multiple violations of a provision of Article
21-64 6675d, Revised Statutes, a rule adopted under that article, or the
21-65 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
21-66 Texas Civil Statutes).
21-67 (c) Except as provided by Subsection (d) of this section, a
21-68 suspension or revocation or the imposition of probation made under
21-69 Subsection (a) or (b) of this section is a contested case under
22-1 Chapter 2001, Government Code.
22-2 (d) The department may suspend or revoke a registration
22-3 issued under this article or place on probation a motor carrier
22-4 whose registration is suspended without a hearing under Chapter
22-5 2001, Government Code, if:
22-6 (1) the department provides notice to the motor
22-7 carrier of:
22-8 (A) the proposed suspension or revocation; and
22-9 (B) the right of the carrier to request a
22-10 hearing under Chapter 2001, Government Code; and
22-11 (2) the motor carrier fails to provide the department
22-12 with a written request for a hearing within 10 days after the date
22-13 the carrier receives the notice described in Subdivision (1) of
22-14 this subsection.
22-15 (e) If the suspension of a motor carrier's registration is
22-16 probated, the department may require the carrier to report
22-17 regularly to the department on any matter that is the basis of the
22-18 probation.
22-19 SECTION 4.03. Section 8, Article 6675c, Revised Statutes, is
22-20 amended by adding Subsection (g) to read as follows:
22-21 (g) The department may not by rule restrict competitive
22-22 bidding or advertising by a motor carrier except to prohibit false,
22-23 misleading, or deceptive practices. A rule to prohibit false,
22-24 misleading, or deceptive practices may not:
22-25 (1) restrict the use of:
22-26 (A) any medium for an advertisement;
22-27 (B) the motor carrier's advertisement under a
22-28 trade name; or
22-29 (C) the motor carrier's personal appearance or
22-30 voice in an advertisement, if the motor carrier is an individual;
22-31 or
22-32 (2) relate to the size or duration of an advertisement
22-33 by the motor carrier.
22-34 ARTICLE 5. SALVAGE VEHICLE DEALERS
22-35 SECTION 5.01. Section 1.02, Article 6687-1a, Revised
22-36 Statutes, is amended by adding Subsection (c) to read as follows:
22-37 (c) The commission may not adopt a rule under this article
22-38 that restricts competitive bidding or advertising by a person who
22-39 holds a license issued under this article other than a rule to
22-40 prohibit false, misleading, or deceptive practices. A rule to
22-41 prohibit false, misleading, or deceptive practices may not:
22-42 (1) restrict the use of:
22-43 (A) any medium for an advertisement;
22-44 (B) the license holder's advertisement under a
22-45 trade name; or
22-46 (C) the license holder's personal appearance or
22-47 voice in an advertisement, if the license holder is an individual;
22-48 or
22-49 (2) relate to the size or duration of an advertisement
22-50 by the license holder.
22-51 SECTION 5.02. Section 2.07, Article 6687-1a, Revised
22-52 Statutes, is amended to read as follows:
22-53 Sec. 2.07. License Renewal. (a) A license issued under
22-54 this article expires on the first anniversary of the date of
22-55 issuance and may be renewed annually on or before the expiration
22-56 date on payment of the required renewal fee.
22-57 (b) A person who is otherwise eligible to renew a license
22-58 may renew an unexpired license by paying to the department before
22-59 the expiration date of the license the required renewal fee. A
22-60 person whose license has expired may not engage in the activities
22-61 that require a license until the license has been renewed under the
22-62 provisions of this section.
22-63 (c) If a person's license has been expired for 90 days or
22-64 less, the person may renew the license by paying to the department
22-65 one and one-half times the required renewal fee.
22-66 (d) If a person's license has been expired for longer than
22-67 90 days but less than one year, the person may renew the license by
22-68 paying to the department two times the required renewal fee.
22-69 (e) If a person's license has been expired for one year or
23-1 longer, the person may not renew the license. The person may
23-2 obtain a new license by complying with the requirements and
23-3 procedures for obtaining an original license. If the person was
23-4 licensed in this state, moved to another state, and has been doing
23-5 business in the other state for the two years preceding
23-6 application, the person may renew an expired license. The person
23-7 must pay to the department a fee that is equal to two times the
23-8 required renewal fee for the license.
23-9 (f) At least 30 days before the date on which a person's
23-10 license expires, the department shall notify the person of the
23-11 impending expiration. The notice must be in writing and sent to
23-12 the person's last known address according to the records of the
23-13 department. [If a license holder fails to renew the license before
23-14 its expiration date, the license holder may renew the license on
23-15 payment of the renewal fee and a late fee set by the commission.
23-16 If the license is not renewed before the first anniversary of the
23-17 date on which the license expired, the license holder must apply
23-18 for a new license in the same manner as an applicant for an initial
23-19 license.]
23-20 SECTION 5.03. Subsection (b), Section 4.01, Article 6687-1a,
23-21 Revised Statutes, is amended to read as follows:
23-22 (b) The commission shall adopt rules establishing the
23-23 grounds for the denial, suspension, revocation, or reinstatement of
23-24 a license and establishing procedures for disciplinary actions. A
23-25 rule adopted under this subsection may not conflict with a rule
23-26 adopted by the State Office of Administrative Hearings.
23-27 ARTICLE 6. VEHICLE STORAGE FACILITY ACT
23-28 SECTION 6.01. Section 4, Vehicle Storage Facility Act
23-29 (Article 6687-9a, Revised Statutes), is amended by adding
23-30 Subsection (d) to read as follows:
23-31 (d) The commission may not adopt a rule under this Act that
23-32 restricts competitive bidding or advertising by a person who holds
23-33 a license issued under this Act other than a rule to prohibit
23-34 false, misleading, or deceptive practices. A rule to prohibit
23-35 false, misleading, or deceptive practices may not:
23-36 (1) restrict the use of:
23-37 (A) any medium for an advertisement;
23-38 (B) the license holder's advertisement under a
23-39 trade name; or
23-40 (C) the license holder's personal appearance or
23-41 voice in an advertisement, if the license holder is an individual;
23-42 or
23-43 (2) relate to the size or duration of an advertisement
23-44 by the license holder.
23-45 SECTION 6.02. Subsection (a), Section 9, Vehicle Storage
23-46 Facility Act (Article 6687-9a, Revised Statutes), is amended to
23-47 read as follows:
23-48 (a) A license issued under this article is valid for the
23-49 period set by the commission. At least 30 days before the date on
23-50 which a person's license expires, the commission shall notify the
23-51 person of the impending expiration. The notice must be in writing
23-52 and sent to the person's last known address according to the
23-53 records of the commission.
23-54 SECTION 6.03. Section 10, Vehicle Storage Facility Act
23-55 (Article 6687-9a, Revised Statutes), is amended by adding
23-56 Subsections (e) and (f) to read as follows:
23-57 (e) If the commission places a person on probation under
23-58 this section, the commission may require the person to report
23-59 regularly to the commission on any matter that is the basis of the
23-60 probation.
23-61 (f) If the commission proposes to take an action under
23-62 Subsection (a) or (b) of this section, the person is entitled to a
23-63 hearing conducted by the State Office of Administrative Hearings.
23-64 Proceedings for a disciplinary action are governed by the
23-65 administrative procedure law, Chapter 2001, Government Code. Rules
23-66 of practice adopted by the commission under Section 2001.004,
23-67 Government Code, applicable to the proceedings for a disciplinary
23-68 action may not conflict with rules adopted by the State Office of
23-69 Administrative Hearings.
24-1 ARTICLE 7. TURNPIKES
24-2 SECTION 7.01. Chapter 222, Transportation Code, is amended
24-3 by adding Subchapter E to read as follows:
24-4 SUBCHAPTER E. TOLL FACILITIES
24-5 Sec. 222.101. EXPENDITURE OF MONEY. The department may
24-6 spend money from any source for the construction, maintenance, and
24-7 operation of toll facilities.
24-8 Sec. 222.102. TEMPORARY TOLL PROJECTS. The department may
24-9 recover the cost of a preventative maintenance or rehabilitation
24-10 project on a nontoll segment of the state highway system by
24-11 temporarily imposing a toll charge.
24-12 Sec. 222.103. COST PARTICIPATION. (a) The department may
24-13 participate in the cost of the construction, maintenance, or
24-14 operation of a toll facility of a public or private entity on terms
24-15 and conditions established by the commission, including
24-16 requirements for repayment.
24-17 (b) An entity receiving cost participation from the
24-18 department under this section is a successor agency to the Texas
24-19 Turnpike Authority for the purposes of Section 52-b, Article III,
24-20 Texas Constitution.
24-21 SECTION 7.02. Section 362.055, Transportation Code, is
24-22 amended to read as follows:
24-23 Sec. 362.055. EXCEPTION. This subchapter does not apply to:
24-24 (1) a county that has a population of more than 1.5
24-25 million; [or]
24-26 (2) a local government corporation created under
24-27 Chapter 431 by a county that has a population of more than 1.5
24-28 million; or
24-29 (3) a regional tollway authority created under Chapter
24-30 366.
24-31 SECTION 7.03. Section 361.001, Transportation Code, is
24-32 amended to read as follows:
24-33 Sec. 361.001. DEFINITIONS. In this chapter:
24-34 (1) "Authority" means the Texas Turnpike Authority
24-35 division of the Texas Department of Transportation [and includes
24-36 the entity that succeeds to the principal functions of the
24-37 authority or to whom by law the powers of the authority are given].
24-38 (2) "Board" means the board of directors of the
24-39 authority.
24-40 (3) ["Highway" means a road, highway, farm-to-market
24-41 road, or street under the supervision of the state or a political
24-42 subdivision of the state.]
24-43 [(4)] "Owner" includes a person having title to or an
24-44 interest in any property, rights, easements, and interests
24-45 authorized to be acquired under this chapter.
24-46 (4) [(5)] "Turnpike project" means a toll [an express]
24-47 highway constructed, maintained, or operated under this chapter as
24-48 part of the state highway system and any improvement, extension, or
24-49 expansion to the highway and includes:
24-50 (A) a facility to relieve traffic congestion and
24-51 promote safety;
24-52 (B) a bridge, tunnel, overpass, underpass,
24-53 interchange, entrance plaza, approach, toll house, or service
24-54 station;
24-55 (C) an administration, storage, or other
24-56 building the authority considers necessary to operate the project;
24-57 and
24-58 (D) property rights, easements, and interests
24-59 the authority acquires to construct or operate the project.
24-60 (5) "Regional tollway authority" means a regional
24-61 tollway authority created under Chapter 366.
24-62 SECTION 7.04. Section 361.031, Transportation Code, is
24-63 amended to read as follows:
24-64 Sec. 361.031. TEXAS TURNPIKE AUTHORITY. (a) The Texas
24-65 Turnpike Authority is a division of the Texas Department of
24-66 Transportation that has full authority to exercise all powers
24-67 granted to it under this chapter. Powers granted to the department
24-68 under this chapter and Chapter 362 to study, design, construct,
24-69 operate, expand, enlarge, or extend a turnpike project as a part of
25-1 the state highway system shall be exercised by the department
25-2 acting by and through the authority [state agency].
25-3 (b) The authority may perform, procure from other divisions
25-4 of the department with the consent of the department, or procure
25-5 from outside service providers any portion of the services the
25-6 authority requires for:
25-7 (1) right-of-way acquisition;
25-8 (2) roadway finance, design, and construction;
25-9 (3) environmental affairs; or
25-10 (4) legal services.
25-11 (c) With the approval of the commission, the authority may
25-12 perform, procure from other divisions of the department with the
25-13 consent of the department, or procure from outside service
25-14 providers any portion of the services the authority requires for
25-15 roadway maintenance or traffic operations.
25-16 (d) To perform its functions under this chapter, the
25-17 authority may use the facilities and personnel of the department in
25-18 the same manner as other divisions of the department.
25-19 (e) If the comptroller assigns numbers to state agencies for
25-20 accounting purposes, the comptroller shall assign a separate agency
25-21 number to the authority [The authority shall locate offices in
25-22 Austin, Texas, on or before September 1, 1997].
25-23 (f) [(c)] The exercise by the authority of the powers
25-24 conferred by this chapter in the construction, operation, and
25-25 maintenance of a turnpike project is:
25-26 (1) in all respects for the benefit of the people of
25-27 this state, for the increase of their commerce and prosperity, and
25-28 for the improvement of their health and living conditions and
25-29 public safety; and
25-30 (2) an essential governmental function of the state.
25-31 SECTION 7.05. Subsection (a), Section 361.032,
25-32 Transportation Code, is amended to read as follows:
25-33 (a) The board is composed of seven [12] directors. The
25-34 governor, with the advice and consent of the senate, shall appoint
25-35 six [nine] directors who represent the public. The chair of the
25-36 [Each] commission or a member of the commission designated by the
25-37 chair serves as an ex officio board member.
25-38 SECTION 7.06. Subsection (a), Section 361.033,
25-39 Transportation Code, is amended to read as follows:
25-40 (a) A person is not eligible for appointment to the board if
25-41 the person or the person's spouse:
25-42 (1) is registered, certified, or licensed by an
25-43 occupational regulatory agency in the field of toll road
25-44 construction, maintenance, or operation;
25-45 (2) is employed by or participates in the management
25-46 of a business entity or other organization regulated by the
25-47 commission, department, or authority or receiving funds from the
25-48 commission, department, or authority;
25-49 (3) owns or controls, directly or indirectly, more
25-50 than a 10 percent interest in a business entity or other
25-51 organization regulated by or receiving funds from the commission,
25-52 department, or authority, other than compensation for acquisition
25-53 of turnpike right-of-way; or
25-54 (4) uses or receives a substantial amount of tangible
25-55 goods, services, or funds from the commission, department, or
25-56 authority, other than compensation or reimbursement authorized by
25-57 law for board membership, attendance, or expenses or compensation
25-58 for acquisition of turnpike right-of-way.
25-59 SECTION 7.07. Section 361.042, Transportation Code, is
25-60 amended to read as follows:
25-61 Sec. 361.042. GENERAL POWERS AND DUTIES. (a) The board
25-62 [authority] shall:
25-63 (1) on its own initiative or at the request of the
25-64 commission, consider, study, plan, and develop turnpike projects
25-65 under this chapter;
25-66 (2) adopt rules [bylaws] for the regulation of its
25-67 affairs and the conduct of its business;
25-68 (3) with the concurrence of the commission, employ an
25-69 administrative head, who serves at the pleasure of the board and
26-1 who must be compensated on a level not lower than the level on
26-2 which a deputy executive director of the department is compensated;
26-3 and
26-4 (4) undertake such other duties as are delegated to it
26-5 by the commission.
26-6 (b) The authority may:
26-7 (1) [(2) adopt an official seal;]
26-8 [(3)] construct, maintain, repair, and operate
26-9 turnpike projects in this state;
26-10 (2) [(4)] acquire, hold, and dispose of property in
26-11 the exercise of its powers and the performance of its duties under
26-12 this chapter;
26-13 (3) with the approval of the governor and the
26-14 commission, [(5)] enter into contracts or operating agreements with
26-15 similar authorities or agencies of another state, including a state
26-16 of the United Mexican States;
26-17 (4) [(6)] enter into contracts or agreements necessary
26-18 or incidental to its duties and powers under this chapter;
26-19 (5) [(7)] employ consulting engineers, [attorneys,]
26-20 accountants, construction and financial experts, superintendents,
26-21 managers, and other employees and agents the authority considers
26-22 necessary and set their compensation;
26-23 (6) employ attorneys to advance or defend legal
26-24 actions pertaining to the division's activities, notwithstanding
26-25 any other law to the contrary, including Section 402.0212,
26-26 Government Code;
26-27 (7) [(8)] receive grants for the construction of a
26-28 turnpike project and receive contributions of money, property,
26-29 labor, or other things of value from any source to be used for the
26-30 purposes for which the grants or contributions are made;
26-31 (8) [(9)] adopt and enforce rules, if the commission
26-32 concurs, not inconsistent with this chapter for the use of any
26-33 turnpike project; and
26-34 (9) [(10)] do all things necessary or appropriate to
26-35 carry out the powers expressly granted by this chapter.
26-36 SECTION 7.08. Section 361.055, Transportation Code, is
26-37 amended to read as follows:
26-38 Sec. 361.055. SUCCESSOR AGENCY TO AUTHORITY. The following
26-39 are considered successor agencies to the Texas Turnpike Authority
26-40 [authority] for purposes of Section 52-b, Article III, Texas
26-41 Constitution:
26-42 (1) a county, municipality, or local government
26-43 corporation that leases, buys, operates, or otherwise receives a
26-44 turnpike project under Subchapter H;
26-45 (2) a county with a population of more than 1.5
26-46 million that constructs a toll road, toll bridge, or turnpike
26-47 project;
26-48 (3) a local government corporation serving a county
26-49 with a population of more than 1.5 million that constructs a toll
26-50 road, toll bridge, or turnpike project; [and]
26-51 (4) an adjacent county in a joint turnpike authority
26-52 with a county with a population of more than 1.5 million that
26-53 constructs a toll road, toll bridge, or turnpike project;
26-54 (5) the department; and
26-55 (6) a public or private entity authorized to receive
26-56 funds from the department for the construction, maintenance, or
26-57 operation of toll projects.
26-58 SECTION 7.09. Section 361.132, Transportation Code, is
26-59 amended to read as follows:
26-60 Sec. 361.132. ACQUISITION OF PROPERTY. (a) The board
26-61 [authority] may acquire, in the name of the state, [authority]
26-62 public or private real property it determines necessary or
26-63 convenient for the construction, expansion, enlargement, extension,
26-64 improvement, or operation of a turnpike project or for otherwise
26-65 carrying out this chapter.
26-66 (b) The real property the authority may acquire under this
26-67 subchapter includes:
26-68 (1) public parks, playgrounds, or reservations;
26-69 (2) parts of or rights in public parks, playgrounds,
27-1 or reservations;
27-2 (3) rights-of-way;
27-3 (4) property rights, including:
27-4 (A) a right of ingress or egress; and
27-5 (B) a reservation right in real property that
27-6 restricts or prohibits for not more than seven years the:
27-7 (i) addition of a new improvement on the
27-8 real property;
27-9 (ii) addition to or modification of an
27-10 existing improvement on the real property; or
27-11 (iii) subdivision of the real property;
27-12 (5) franchises;
27-13 (6) easements; and
27-14 (7) other interests in real property.
27-15 (c) The board [authority] may acquire the real property by
27-16 any method, including purchase and condemnation. The board
27-17 [authority] may purchase public or private real property on the
27-18 terms and at the price the board [authority] and the owner consider
27-19 reasonable.
27-20 (d) Property necessary or convenient for the construction or
27-21 operation of a turnpike project under Subsection (a) includes an
27-22 interest in real property, a property right, or materials that the
27-23 authority determines are necessary or convenient to:
27-24 (1) protect a turnpike project;
27-25 (2) drain a turnpike project;
27-26 (3) divert a stream, river, or other watercourse from
27-27 the right-of-way of a turnpike project;
27-28 (4) store materials or equipment used in the
27-29 construction or maintenance of a turnpike project;
27-30 (5) construct or operate a warehouse or other facility
27-31 used in connection with the construction, maintenance, or operation
27-32 of a turnpike project;
27-33 (6) lay out, construct, or maintain a roadside park;
27-34 (7) lay out, construct, or maintain a parking lot that
27-35 will contribute to the maximum use of a turnpike project with the
27-36 least possible congestion;
27-37 (8) mitigate an adverse environmental effect that
27-38 directly results from the construction or maintenance of a turnpike
27-39 project; or
27-40 (9) accomplish any other purpose related to the
27-41 location, construction, improvement, maintenance, beautification,
27-42 preservation, or operation of a turnpike project.
27-43 (e) The authority shall comply with all relocation
27-44 assistance procedures applicable to the department in connection
27-45 with any displacement of owners or tenants as a consequence of the
27-46 authority's acquisition of real property under this chapter.
27-47 (f) The authority may acquire timber, earth, stone, gravel,
27-48 or other materials as necessary to carry out a purpose under this
27-49 chapter.
27-50 SECTION 7.10. Section 361.135, Transportation Code, is
27-51 amended to read as follows:
27-52 Sec. 361.135. CONDEMNATION OF REAL PROPERTY. (a) The
27-53 board, with the concurrence of the commission, [authority] may
27-54 acquire public or private real property in the name of the state
27-55 [authority] by the exercise of the power of condemnation under the
27-56 laws applicable to the exercise of that power on property for
27-57 public use if:
27-58 (1) the authority and the owner cannot agree on a
27-59 reasonable price for the property; or
27-60 (2) the owner is legally incapacitated, absent,
27-61 unknown, or unable to convey title.
27-62 (b) The board, with the concurrence of the commission, [To
27-63 the extent provided by Subsection (c), the authority] may condemn
27-64 real property that the authority determines is:
27-65 (1) necessary or appropriate to construct or to
27-66 efficiently operate a turnpike project;
27-67 (2) necessary to restore public or private property
27-68 damaged or destroyed; [or]
27-69 (3) necessary for access, approach, and interchange
28-1 roads;
28-2 (4) necessary for supplemental facilities of the
28-3 authority; or
28-4 (5) necessary otherwise to carry out this chapter.
28-5 (c) [The authority may condemn real property necessary for
28-6 access, approach, and interchange roads but may not condemn
28-7 property:]
28-8 [(1) that is unnecessary for road and right-of-way
28-9 purposes; or]
28-10 [(2) that is for a supplemental facility for another
28-11 purpose.]
28-12 [(d) The authority may construct a supplemental facility
28-13 only on real property the authority purchases.]
28-14 [(e)] The court having jurisdiction of a condemnation
28-15 proceeding may:
28-16 (1) make orders as are just to the authority and the
28-17 owners of the real property; and
28-18 (2) require an undertaking or other security to secure
28-19 the owners against any loss or damage by reason of the board's
28-20 [authority's] failure to accept and pay for the real property.
28-21 (d) [(f)] An undertaking or security under Subsection (c)(2)
28-22 [(e)(2)] or an act or obligation of the authority or the board does
28-23 not impose any liability on the state, [or] the authority, or the
28-24 board except liability that may be paid from the money authorized
28-25 by this chapter.
28-26 SECTION 7.11. Section 361.136, Transportation Code, is
28-27 amended to read as follows:
28-28 Sec. 361.136. SEVERANCE OF REAL PROPERTY. (a) If a
28-29 turnpike project severs an owner's real property, the authority
28-30 shall pay:
28-31 (1) the value of the property acquired; and
28-32 (2) the damages to the remainder of the owner's
28-33 property caused by the severance, including damages caused by the
28-34 inaccessibility of one tract from the other.
28-35 (b) [The authority shall provide and maintain without charge
28-36 a passageway over or under the turnpike project for the owner of
28-37 the severed real property and the owner's employees and
28-38 representatives. The authority is not required to furnish a
28-39 passageway if the owner waives the requirement or the original
28-40 tract involved is less than 80 acres.]
28-41 [(c)] The authority may negotiate for and purchase the
28-42 severed real property or either part of the severed real property
28-43 if the authority and the owner agree on terms for the purchase.
28-44 [The authority shall sell and dispose of severed real property
28-45 within two years after the date of acquisition.]
28-46 SECTION 7.12. Subchapter D, Chapter 361, Transportation
28-47 Code, is amended by adding Section 361.142 to read as follows:
28-48 Sec. 361.142. COVENANTS, CONDITIONS, RESTRICTIONS, OR
28-49 LIMITATIONS. Covenants, conditions, restrictions, or limitations
28-50 affecting property acquired in any manner by the authority are not
28-51 binding against the authority and do not impair the authority's
28-52 ability to use the property for a purpose authorized by this
28-53 chapter. The beneficiaries of the covenants, conditions,
28-54 restrictions, or limitations are not entitled to enjoin the
28-55 authority from using the property for a purpose authorized under
28-56 this chapter, but this section does not affect the right of a
28-57 person to seek damages to the person's property under Section 17,
28-58 Article I, Texas Constitution.
28-59 SECTION 7.13. Section 361.180, Transportation Code, is
28-60 amended to read as follows:
28-61 Sec. 361.180. TOLLS ON CONVERTED HIGHWAYS [PROHIBITION ON
28-62 TOLLS ON EXISTING FREE HIGHWAYS]. If converted to a toll facility
28-63 under Section 222.102 or 362.0041, the commission [The authority]
28-64 may impose a toll for transit over an existing free public highway
28-65 [only if such highway is transferred to the authority by the
28-66 commission under Section 362.0041].
28-67 SECTION 7.14. Subsection (b), Section 361.184,
28-68 Transportation Code, is amended to read as follows:
28-69 (b) The board [authority] may transfer, or direct the
29-1 authority to transfer, into the project revolving fund money from
29-2 any permissible source, including:
29-3 (1) money from a surplus fund established for a
29-4 turnpike project if the remainder of the surplus fund is not less
29-5 than any minimum amount required by the trust agreement to be
29-6 retained for that project;
29-7 (2) money received under Subchapter I or from a
29-8 transfer of a turnpike project under Subchapter H;
29-9 (3) advances from the state highway fund [department
29-10 authorized under Section 52-b, Article III, Texas Constitution];
29-11 and
29-12 (4) contributions or assistance from the United
29-13 States, another state, a political subdivision of this state, the
29-14 United Mexican States, or a political subdivision of the United
29-15 Mexican States.
29-16 SECTION 7.15. Section 361.189, Transportation Code, is
29-17 amended to read as follows:
29-18 Sec. 361.189. USE OF SURPLUS REVENUE. [(a)] The commission
29-19 [board] by resolution may authorize the use of surplus revenue of a
29-20 turnpike project to pay the costs of another turnpike project,
29-21 other than a project financed under Subchapter I, or a toll-free
29-22 project. The commission [board] may in the resolution prescribe
29-23 terms for the use of the revenue, including the pledge of the
29-24 revenue, but may not take an action under this section that[:]
29-25 [(1) violates Subsection (b); or]
29-26 [(2)] violates, impairs, or is inconsistent with a
29-27 bond resolution, trust agreement, or indenture governing the use of
29-28 the surplus revenue.
29-29 [(b) Except as provided by Subsection (c), the surplus
29-30 revenue of a turnpike project that was under construction or
29-31 operated by the authority on January 1, 1993, may be used only for:]
29-32 [(1) the costs associated with the construction,
29-33 expansion, or maintenance of the project producing the revenue; and]
29-34 [(2) transfers to the Texas Turnpike Authority
29-35 feasibility study fund.]
29-36 [(c) The board may use revenue from a turnpike project
29-37 described by Subsection (b) for a purpose authorized by this
29-38 chapter other than a purpose described by that subsection if:]
29-39 [(1) the authority obtains the permission of the
29-40 commissioners court of each county in which the project is located;
29-41 or]
29-42 [(2) an agreement between the authority and a county
29-43 or local government corporation created by the county for the
29-44 lease, sale, or other conveyance of the project permits the revenue
29-45 to be used for another purpose.]
29-46 SECTION 7.16. Section 361.232, Transportation Code, is
29-47 amended by adding Subsection (e) to read as follows:
29-48 (e) This section does not apply to the conversion of any
29-49 highway that is a part of the state highway system to a turnpike
29-50 project.
29-51 SECTION 7.17. Section 361.237, Transportation Code, is
29-52 amended to read as follows:
29-53 Sec. 361.237. OPERATION OF TURNPIKE PROJECT. A turnpike
29-54 project is a public road subject to all laws applicable to the
29-55 regulation and control of traffic [(a) The authority shall police
29-56 and operate a turnpike project through a force of police,
29-57 toll-takers, and other employees of the authority.]
29-58 [(b) The authority may arrange with the Department of Public
29-59 Safety for the services of officers of that agency].
29-60 SECTION 7.18. Section 361.238, Transportation Code, is
29-61 amended to read as follows:
29-62 Sec. 361.238. PAYMENT OF BOND INDEBTEDNESS; CESSATION OR
29-63 CONTINUATION OF TOLLS[; TRANSFER OF PROJECT TO COMMISSION].
29-64 (a) Except as provided by Subsection (b), a [A] turnpike project
29-65 [that is in good condition and repair to the satisfaction of the
29-66 commission] becomes a toll-free [part of the state] highway
29-67 [system] when:
29-68 (1) the bonds issued under this chapter for the
29-69 project and the interest on the bonds are paid; or
30-1 (2) firm banking and financial arrangements have been
30-2 made for the discharge and final payment or redemption of the bonds
30-3 in accordance with Section 7A, Chapter 503, Acts of the 54th
30-4 Legislature, 1955 (Article 717k, Vernon's Texas Civil Statutes) [a
30-5 sufficient amount to pay the bonds and the interest on the bonds to
30-6 maturity or to redeem the bonds has been set aside in trust for the
30-7 benefit of the bondholders].
30-8 (b) If the conditions of Subsections (a)(1) and (2) are met,
30-9 the commission may continue to charge a toll sufficient to pay the
30-10 costs of maintaining the facility. [The authority shall continue
30-11 to operate as a toll facility a turnpike project that the
30-12 commission determines is not in a state of repair so as to justify
30-13 its acceptance as part of the state highway system. The authority
30-14 shall continue the tolls then in effect or revise the tolls to
30-15 provide money sufficient to assure payment of the expenses of
30-16 maintenance and operation and the making of repairs and
30-17 replacements as necessary to meet the minimum requirements of the
30-18 commission within the shortest practicable time.]
30-19 [(c) The commission shall maintain a turnpike project it
30-20 accepts free of tolls. The authority shall deliver to the
30-21 commission at the time of acceptance any money remaining to the
30-22 credit of the project after retirement of the bonds issued for the
30-23 project. The commission shall deposit the money in a fund to be
30-24 used to maintain the project facilities. The commission shall
30-25 administer the fund in accordance with commission rules.]
30-26 [(d) Not later than the first anniversary of the date the
30-27 commission accepts a turnpike project, the department shall
30-28 advertise for public sale each installation on the project other
30-29 than the road bed and highway sections and shall solicit sealed
30-30 bids for those installations. The department may reject any or all
30-31 bids but shall dispose of the properties not later than the second
30-32 anniversary of the date the commission accepts title to the
30-33 project.]
30-34 SECTION 7.19. The heading of Subchapter H, Chapter 361,
30-35 Transportation Code, is amended to read as follows:
30-36 SUBCHAPTER H. TRANSFER OF TURNPIKE PROJECT TO
30-37 COUNTY, MUNICIPALITY, REGIONAL TOLLWAY AUTHORITY, OR
30-38 LOCAL GOVERNMENT CORPORATION
30-39 SECTION 7.20. Sections 361.281, 361.282, and 361.285,
30-40 Transportation Code, are amended to read as follows:
30-41 Sec. 361.281. APPLICABILITY OF SUBCHAPTER. This subchapter
30-42 applies only to:
30-43 (1) a county with a population of more than 1.5
30-44 million;
30-45 (2) a local government corporation serving a county
30-46 with a population of more than 1.5 million; [or]
30-47 (3) an adjacent county in a joint turnpike authority
30-48 with a county with a population of more than 1.5 million;
30-49 (4) a municipality with a population of more than
30-50 120,000 that is adjacent to the United Mexican States; or
30-51 (5) a regional tollway authority created under Chapter
30-52 366.
30-53 Sec. 361.282. LEASE, SALE, OR CONVEYANCE OF TURNPIKE
30-54 PROJECT. (a) The authority may lease, sell, or convey in another
30-55 manner a turnpike project to a county, municipality, regional
30-56 tollway authority, or a local government corporation created under
30-57 Chapter 431.
30-58 (b) The authority, the commission, and the governor must
30-59 approve the transfer of the turnpike project as being in the best
30-60 interests of the state and the entity receiving the turnpike
30-61 project [county].
30-62 Sec. 361.285. APPROVAL OF AGREEMENT BY ATTORNEY GENERAL.
30-63 (a) An agreement for the lease, sale, or conveyance of a turnpike
30-64 project under this subchapter shall be submitted to the attorney
30-65 general for approval as part of the records of proceedings relating
30-66 to the issuance of bonds of the county, municipality, regional
30-67 tollway authority, or local government corporation.
30-68 (b) If the attorney general determines that the agreement is
30-69 in accordance with law, the attorney general shall approve the
31-1 agreement and deliver to the commission a copy of the legal opinion
31-2 of the attorney general stating that approval.
31-3 SECTION 7.21. Subsection (a), Section 361.331,
31-4 Transportation Code, is amended to read as follows:
31-5 (a) The authority may designate two or more turnpike
31-6 projects that are wholly or partly located in a metropolitan
31-7 planning organization [planning region of a council of governments]
31-8 as a pooled turnpike project after:
31-9 (1) conducting a public hearing; and
31-10 (2) obtaining the approval of the commission[; and]
31-11 [(3) obtaining a resolution adopted by the
31-12 commissioners court of the county that:]
31-13 [(A) approves the action; and]
31-14 [(B) specifies the date the pooled project
31-15 becomes toll free].
31-16 SECTION 7.22. Section 362.0041, Transportation Code, is
31-17 amended to read as follows:
31-18 Sec. 362.0041. CONVERSION [ACQUISITION] OF PROJECTS.
31-19 (a) If the commission finds that the conversion of a segment of
31-20 the free state highway system to a toll facility is the most
31-21 feasible and economic means to accomplish necessary expansion
31-22 improvements, or extensions to the state highway system, that
31-23 segment may[, on approval of the governor,] be converted
31-24 [transferred] by order of the commission to [the authority. The
31-25 authority may receive such segment of highway, thereafter to be
31-26 owned, operated, and maintained as] a turnpike project under
31-27 Chapter 361.
31-28 (b) [The authority shall reimburse the commission for the
31-29 cost of the transferred highway, unless the commission finds that
31-30 the transfer will result in substantial net benefits to the state,
31-31 the department, and the traveling public that exceed that cost.
31-32 The cost shall include the total dollar amount expended by the
31-33 department for the original construction of the highway, including
31-34 all costs associated with the preliminary engineering and design
31-35 engineering for plans, specifications, and estimates, the
31-36 acquisition of necessary right-of-way, and actual construction of
31-37 the highway and all necessary appurtenant facilities.]
31-38 [(c) The commission shall, coincident with the transfer,
31-39 remove the segment of highway from the designated state highway
31-40 system and shall subsequently have no liability, responsibility, or
31-41 duty for the maintenance or operation of the highway.]
31-42 [(d)] Prior to converting [transferring] a segment of the
31-43 state highway system under this section, the commission shall
31-44 conduct a public hearing for the purpose of receiving comments from
31-45 interested persons concerning the proposed transfer. Notice of the
31-46 hearing shall be published in the Texas Register, one or more
31-47 newspapers of general circulation, and a newspaper, if any,
31-48 published in the county or counties in which the involved highway
31-49 is located.
31-50 (c) [(e)] The commission shall adopt rules implementing this
31-51 section, such rules to include criteria and guidelines for the
31-52 approval of a conversion [transfer] of a highway.
31-53 SECTION 7.23. Subtitle G, Title 6, Transportation Code, is
31-54 amended by adding Chapter 366 to read as follows:
31-55 CHAPTER 366. REGIONAL TOLLWAY AUTHORITIES
31-56 SUBCHAPTER A. GENERAL PROVISIONS
31-57 Sec. 366.001. SHORT TITLE. This chapter may be cited as the
31-58 Regional Tollway Authority Act.
31-59 Sec. 366.002. PURPOSES; LIBERAL CONSTRUCTION. (a) The
31-60 purposes of this chapter are:
31-61 (1) the expansion and improvement of transportation
31-62 facilities and systems in this state;
31-63 (2) the creation of regional tollway authorities to
31-64 secure and acquire rights-of-way for urgently needed transportation
31-65 systems and to plan, design, construct, operate, expand, extend,
31-66 and modify those systems; and
31-67 (3) the reduction of burdens and demands on the
31-68 limited money available to the commission and an increase in the
31-69 effectiveness and efficiency of the commission.
32-1 (b) This chapter shall be liberally construed to effect its
32-2 purposes.
32-3 Sec. 366.003. DEFINITIONS. In this chapter:
32-4 (1) "Authority" means a regional tollway authority
32-5 organized under this chapter.
32-6 (2) "Board" means the board of directors of an
32-7 authority organized under this chapter.
32-8 (3) "Bond" means all bonds, certificates, notes, and
32-9 other obligations of an authority authorized by this chapter, any
32-10 other statute, or the Texas Constitution.
32-11 (4) "Bond proceedings" means a bond resolution and any
32-12 bond indenture authorized by the bond resolution, any credit
32-13 agreement entered into in connection with the bonds or the payments
32-14 to be made under the agreement, and any other agreement between an
32-15 authority and another person providing security for the payment of
32-16 bonds.
32-17 (5) "Bond resolution" means an order or resolution of
32-18 an authority's board authorizing the issuance of bonds.
32-19 (6) "Bondholder" means the owner of bonds and includes
32-20 a trustee acting on behalf of an owner of bonds under the terms of
32-21 a bond indenture.
32-22 (7) "Highway" means a road, highway, farm-to-market
32-23 road, or street under the supervision of the state or a political
32-24 subdivision of the state.
32-25 (8) "Local governmental entity" means a political
32-26 subdivision of the state, including a municipality or a county, a
32-27 political subdivision of a county, a group of adjoining counties, a
32-28 district organized or operating under Section 52, Article III, or
32-29 Section 59, Article XVI, Texas Constitution, or a nonprofit
32-30 corporation, including a transportation corporation created under
32-31 Chapter 431.
32-32 (9) "Revenue" means the tolls, rents, and other money
32-33 received by an authority from the ownership or operation of a
32-34 turnpike project.
32-35 (10) "System" means a turnpike project or any
32-36 combination of turnpike projects designated as a system by the
32-37 board under Section 366.034.
32-38 (11) "Turnpike project" means a highway of any number
32-39 of lanes, with or without grade separations, owned or operated by
32-40 an authority under this chapter and any improvement, extension, or
32-41 expansion to that highway, including:
32-42 (A) an improvement to relieve traffic congestion
32-43 and promote safety;
32-44 (B) a bridge, tunnel, overpass, underpass,
32-45 interchange, service road, ramp, entrance plaza, approach, or
32-46 tollhouse;
32-47 (C) an administration, storage, or other
32-48 building the authority considers necessary to operate the turnpike
32-49 project;
32-50 (D) a service station, hotel, motel, restaurant,
32-51 parking area or structure, rest stop, park, and other improvement
32-52 or amenity the authority considers necessary, useful, or beneficial
32-53 for the operation of a turnpike project; and
32-54 (E) property rights, easements, and interests
32-55 the authority acquires to construct or operate the turnpike
32-56 project.
32-57 Sec. 366.004. CONSTRUCTION COSTS DEFINED. (a) The cost of
32-58 acquisition, construction, improvement, extension, or expansion of
32-59 a turnpike project or system under this chapter includes the cost
32-60 of:
32-61 (1) the actual acquisition, construction, improvement,
32-62 extension, or expansion of the turnpike project or system;
32-63 (2) the acquisition of real property, rights-of-way,
32-64 property rights, easements, and other interests in real property;
32-65 (3) machinery and equipment;
32-66 (4) interest payable before, during, and after
32-67 acquisition, construction, improvement, extension, or expansion as
32-68 provided in the bond proceedings;
32-69 (5) traffic estimates, revenue estimates, engineering
33-1 and legal services, plans, specifications, surveys, appraisals,
33-2 construction cost estimates, and other expenses necessary or
33-3 incidental to determining the feasibility of the construction,
33-4 improvement, extension, or expansion;
33-5 (6) necessary or incidental administrative, legal, and
33-6 other expenses;
33-7 (7) compliance with laws, regulations, and
33-8 administrative rulings;
33-9 (8) financing; and
33-10 (9) expenses related to the initial operation of the
33-11 turnpike project or system.
33-12 (b) Costs attributable to a turnpike project or system and
33-13 incurred before the issuance of bonds to finance the turnpike
33-14 project or system may be reimbursed from the proceeds of sale of
33-15 the bonds.
33-16 (Sections 366.005-366.030 reserved for expansion
33-17 SUBCHAPTER B. CREATION AND POWERS OF REGIONAL
33-18 TOLLWAY AUTHORITIES
33-19 Sec. 366.031. CREATION AND EXPANSION OF A REGIONAL TOLLWAY
33-20 AUTHORITY. (a) Two or more counties, acting through their
33-21 respective commissioners courts, may by order passed by each
33-22 commissioners court create a regional tollway authority under this
33-23 chapter if:
33-24 (1) one of the counties has a population of not less
33-25 than 500,000;
33-26 (2) the counties form a contiguous territory; and
33-27 (3) unless one of the counties has a population of 1.5
33-28 million or more, the commission approves the creation.
33-29 (b) For an authority created under Subsection (a), the
33-30 authority is automatically approved 180 days after it is created by
33-31 order of the respective commissioners courts, unless the commission
33-32 disapproves prior to the 180th day.
33-33 (c) A commissioners court may by resolution petition an
33-34 established authority for inclusion in the authority if the county
33-35 is contiguous to a county that initially created the authority.
33-36 (d) On approval of the board of an authority receiving a
33-37 petition under Subsection (c), the county becomes part of the
33-38 authority.
33-39 Sec. 366.032. NATURE OF REGIONAL TOLLWAY AUTHORITY. (a) An
33-40 authority created under this chapter is a body politic and
33-41 corporate and a political subdivision of this state.
33-42 (b) An authority is a governmental unit as that term is
33-43 defined in Chapter 101, Civil Practice and Remedies Code.
33-44 (c) The exercise by an authority of the powers conferred by
33-45 this chapter in the acquisition, design, financing, construction,
33-46 operation, and maintenance of a turnpike project or system is:
33-47 (1) in all respects for the benefit of the people of
33-48 the counties in which an authority operates and of the people of
33-49 this state, for the increase of their commerce and prosperity, and
33-50 for the improvement of their health, living conditions, and public
33-51 safety; and
33-52 (2) an essential governmental function of the state.
33-53 (d) The operations of an authority are governmental, not
33-54 proprietary, functions.
33-55 Sec. 366.033. GENERAL POWERS. (a) An authority, acting
33-56 through its board, without state approval, supervision, or
33-57 regulation, may:
33-58 (1) adopt rules for the regulation of its affairs and
33-59 the conduct of its business;
33-60 (2) adopt an official seal;
33-61 (3) study, evaluate, design, acquire, construct,
33-62 maintain, repair, and operate turnpike projects, individually or as
33-63 one or more systems;
33-64 (4) acquire, hold, and dispose of property in the
33-65 exercise of its powers and the performance of its duties under this
33-66 chapter;
33-67 (5) enter into contracts or operating agreements with
33-68 similar authorities or agencies of the United States, a state of
33-69 the United States, the United Mexican States, or a state of the
34-1 United Mexican States;
34-2 (6) enter into contracts or agreements necessary or
34-3 incidental to its duties and powers under this chapter;
34-4 (7) cooperate and work directly with property owners
34-5 and governmental agencies and officials to support an activity
34-6 required to promote or develop a turnpike project or system;
34-7 (8) employ and set the compensation of administrators,
34-8 consulting engineers, attorneys, accountants, construction and
34-9 financial experts, superintendents, managers, full-time and
34-10 part-time employees, agents, consultants, and such other persons as
34-11 the authority considers necessary or useful;
34-12 (9) receive loans, gifts, grants, and other
34-13 contributions for the construction of a turnpike project or system
34-14 and receive contributions of money, property, labor, or other
34-15 things of value from any source, including the United States, a
34-16 state of the United States, the United Mexican States, a state of
34-17 the United Mexican States, the commission, the department, any
34-18 subdivision of the state, or any other local governmental or
34-19 private entity, to be used for the purposes for which the grants or
34-20 contributions are made, and enter into any agreement necessary for
34-21 the grants or contributions;
34-22 (10) install, construct, maintain, repair, renew,
34-23 relocate, and remove public utility facilities in, on, along, over,
34-24 or under a turnpike project;
34-25 (11) organize a corporation under Chapter 431 for the
34-26 promotion and development of turnpike projects and systems;
34-27 (12) adopt and enforce rules not inconsistent with
34-28 this chapter for the use of any turnpike project or system,
34-29 including traffic and other public safety rules;
34-30 (13) enter into leases, operating agreements, service
34-31 agreements, licenses, franchises, and similar agreements with
34-32 public or private parties governing the parties' use of all or any
34-33 portion of a turnpike project and the rights and obligations of the
34-34 authority with respect to a turnpike project; and
34-35 (14) do all things necessary or appropriate to carry
34-36 out the powers expressly granted by this chapter.
34-37 (b) Property comprising a part of a turnpike project or a
34-38 system is not subject to condemnation or the power of eminent
34-39 domain by any person, including a governmental entity.
34-40 (c) An authority may, if requested by the commission,
34-41 perform any function not specified by this chapter to promote or
34-42 develop turnpike projects and systems in this state.
34-43 (d) An authority may sue and be sued and plead and be
34-44 impleaded in its own name.
34-45 (e) An authority may rent, lease, franchise, license, or
34-46 otherwise make portions of its properties available for use by
34-47 others in furtherance of its powers under this chapter by
34-48 increasing the feasibility or the revenue of a turnpike project or
34-49 system.
34-50 (f) An authority and any local governmental entity may enter
34-51 into a contract under which the authority will operate a turnpike
34-52 project or system on behalf of the local governmental entity. The
34-53 payments to be made to an authority under the contract shall
34-54 constitute operating expenses of the facility or system that is to
34-55 be operated under the contract, and the contract may extend for a
34-56 number of years as the parties agree.
34-57 (g) An authority shall adopt a written drug and alcohol
34-58 policy restricting the use of controlled substances by employees of
34-59 the authority, prohibiting the consumption of alcoholic beverages
34-60 by employees while on duty, and prohibiting employees from working
34-61 for the authority while under the influence of controlled
34-62 substances or alcohol. An authority may adopt policies regarding
34-63 the testing of employees suspected of being in violation of the
34-64 authority's drug and alcohol policy. The policy shall provide
34-65 that, unless required by court order or permitted by the person who
34-66 is the subject of the testing, the authority shall keep the results
34-67 of the test confidential.
34-68 Sec. 366.034. ESTABLISHMENT OF TURNPIKE SYSTEMS. (a) If an
34-69 authority determines that the traffic needs of the counties in
35-1 which it operates and the traffic needs of the surrounding region
35-2 could be most efficiently and economically met by jointly operating
35-3 two or more turnpike projects as one operational and financial
35-4 enterprise, it may create a system comprised of those turnpike
35-5 projects. An authority may create more than one system and may
35-6 combine two or more systems into one system. An authority may
35-7 finance, acquire, construct, and operate additional turnpike
35-8 projects as additions to and expansions of a system if the
35-9 authority determines that the turnpike project could most
35-10 efficiently and economically be acquired and constructed if it were
35-11 a part of the system and that the addition will benefit the system.
35-12 (b) The revenue of a system shall be accounted for
35-13 separately and may not be commingled with the revenue of a turnpike
35-14 project that is not a part of the system or with the revenue of
35-15 another system.
35-16 Sec. 366.035. CONVERSION OF STATE HIGHWAY SYSTEM PROJECTS.
35-17 (a) If the commission determines that the most feasible and
35-18 economic means to accomplish necessary expansion, improvements, or
35-19 extensions to the state highway system is the conversion to a
35-20 turnpike project of a segment of the free state highway system, any
35-21 segment located in a county of an authority or a county in which an
35-22 authority operates a turnpike project or in any county adjacent to
35-23 those counties may, on approval of the governor and the affected
35-24 authority, be transferred by order of the commission to that
35-25 authority. An authority that receives the segment of highway may
35-26 own, operate, and maintain the segment as a turnpike project or
35-27 system or a part of a turnpike project or system under this
35-28 chapter.
35-29 (b) An authority shall reimburse the commission for the cost
35-30 of a transferred highway, unless the commission determines that the
35-31 transfer will result in substantial net benefits to the state, the
35-32 department, and the traveling public that exceed that cost. The
35-33 cost includes the total amount expended by the department for the
35-34 original construction of the highway, including all costs
35-35 associated with the preliminary engineering and design engineering
35-36 for plans, specifications, and estimates, the acquisition of
35-37 necessary rights-of-way, and actual construction of the highway and
35-38 all necessary appurtenant facilities. Costs anticipated to be
35-39 expended to expand, improve, or extend the highway shall be
35-40 deducted from the costs to be reimbursed to the commission.
35-41 (c) The commission shall, at the time of a transfer, remove
35-42 the segment of highway from the state highway system. After a
35-43 transfer the commission has no liability, responsibility, or duty
35-44 for the maintenance or operation of the highway.
35-45 (d) Before transferring a segment of the state highway
35-46 system under this section, the commission shall conduct a public
35-47 hearing to receive comments from interested persons concerning the
35-48 proposed transfer. Notice of the hearing must be published in the
35-49 Texas Register, one or more newspapers of general circulation in
35-50 the counties in which the segment is located, and a newspaper, if
35-51 any, published in the counties of the applicable authority.
35-52 (e) The commission shall adopt rules implementing this
35-53 section. The rules shall include criteria and guidelines for the
35-54 approval of a transfer of a highway.
35-55 (f) An authority shall adopt rules providing criteria and
35-56 guidelines for approving the acceptance of a highway under this
35-57 section.
35-58 (Sections 366.036-366.070 reserved for expansion
35-59 SUBCHAPTER C. FEASIBILITY OF REGIONAL TURNPIKE PROJECTS
35-60 Sec. 366.071. EXPENDITURES FOR FEASIBILITY STUDIES. (a) An
35-61 authority may pay the expenses of studying the cost and feasibility
35-62 and any other expenses relating to the preparation and issuance of
35-63 bonds for a proposed turnpike project or system by:
35-64 (1) using legally available revenue derived from an
35-65 existing turnpike project or system;
35-66 (2) borrowing money and issuing bonds or entering into
35-67 a loan agreement payable out of legally available revenue
35-68 anticipated to be derived from the operation of an existing
35-69 turnpike project or system; or
36-1 (3) pledging to the payment of the bonds or loan
36-2 agreements legally available revenue anticipated to be derived from
36-3 the operation of an existing turnpike project or system or revenue
36-4 legally available to the authority from another source.
36-5 (b) Money spent under this section for a proposed turnpike
36-6 project or system must be reimbursed to the turnpike project or
36-7 system from which the money was spent from the proceeds of bonds
36-8 issued for the acquisition and construction of the proposed
36-9 turnpike project or system.
36-10 (c) The use of any money of a turnpike project or system to
36-11 study the feasibility of another turnpike project or system or used
36-12 to repay any money used for that purpose does not constitute an
36-13 operating expense of the turnpike project or system producing the
36-14 revenue and may only be paid from the surplus money of the turnpike
36-15 project or system.
36-16 Sec. 366.072. FEASIBILITY STUDY FUND. (a) An authority may
36-17 maintain a feasibility study fund. The fund is a revolving fund
36-18 held in trust by a banking institution chosen by the authority and
36-19 shall be kept separate from the money for any turnpike project or
36-20 system.
36-21 (b) An authority may transfer an amount from a surplus fund
36-22 established for a turnpike project or system to the authority's
36-23 feasibility study fund if the remainder of the surplus fund is not
36-24 less than any minimum amount required by the bond proceedings to be
36-25 retained for that turnpike project or system.
36-26 (c) Money in the feasibility study fund may be used only to
36-27 pay the expenses of studying the cost and feasibility and any other
36-28 expenses relating to:
36-29 (1) the preparation and issuance of bonds for the
36-30 acquisition and construction of a proposed turnpike project or
36-31 system;
36-32 (2) the financing of the improvement, extension, or
36-33 expansion of an existing turnpike project or system; and
36-34 (3) private participation, as authorized by law, in
36-35 the financing of a proposed turnpike project or system, the
36-36 refinancing of an existing turnpike project or system, or the
36-37 improvement, extension, or expansion of a turnpike project or
36-38 system.
36-39 (d) Money spent under Subsection (c) for a proposed turnpike
36-40 project or system must be reimbursed from the proceeds of turnpike
36-41 revenue bonds issued for, or other proceeds that may be used for,
36-42 the acquisition, construction, improvement, extension, expansion,
36-43 or operation of the turnpike project or system.
36-44 (e) For a purpose described by Subsection (c), an authority
36-45 may borrow money and issue promissory notes or other
36-46 interest-bearing evidences of indebtedness payable out of its
36-47 feasibility study fund, pledging money in the fund or to be placed
36-48 in the fund.
36-49 Sec. 366.073. FEASIBILITY STUDY BY MUNICIPALITY, COUNTY,
36-50 OTHER LOCAL GOVERNMENTAL ENTITY, OR PRIVATE GROUP. (a) One or
36-51 more municipalities, counties, or local governmental entities, a
36-52 combination of municipalities, counties, and local governmental
36-53 entities, or a private group or combination of individuals in this
36-54 state may pay all or part of the expenses of studying the cost and
36-55 feasibility and any other expenses relating to:
36-56 (1) the preparation and issuance of bonds for the
36-57 acquisition and construction of a proposed turnpike project or
36-58 system by an authority;
36-59 (2) the improvement, extension, or expansion of an
36-60 authority's existing turnpike project or system; or
36-61 (3) the use of private participation under applicable
36-62 law in connection with the acquisition, construction, improvement,
36-63 expansion, extension, maintenance, repair, or operation of a
36-64 turnpike project or system by an authority.
36-65 (b) Money spent under Subsection (a) for an authority's
36-66 proposed turnpike project or system is reimbursable without
36-67 interest and with the consent of the authority to the person paying
36-68 the expenses described in Subsection (a) out of the proceeds from
36-69 turnpike revenue bonds issued for or other proceeds that may be
37-1 used for the acquisition, construction, improvement, extension,
37-2 expansion, or operation of the turnpike project or system.
37-3 (Sections 366.074-366.110 reserved for expansion
37-4 SUBCHAPTER D. TURNPIKE FINANCING
37-5 Sec. 366.111. TURNPIKE REVENUE BONDS. (a) An authority, by
37-6 adoption of a bond resolution, may authorize the issuance of bonds
37-7 to pay all or part of the cost of a turnpike project or system, to
37-8 refund any bonds previously issued for the turnpike project or
37-9 system, or to pay for all or part of the cost of a turnpike project
37-10 or system that will become a part of another system.
37-11 (b) As determined in the bond resolution, the bonds of each
37-12 issue shall:
37-13 (1) be dated;
37-14 (2) bear interest at the rate or rates and beginning
37-15 on the dates, as authorized by law, or bear no interest;
37-16 (3) mature at the time or times, not exceeding 40
37-17 years from their date or dates; and
37-18 (4) be made redeemable before maturity at the price or
37-19 prices and under the terms provided by the bond resolution.
37-20 (c) An authority may sell the bonds at public or private
37-21 sale in the manner and for the price it determines to be in the
37-22 best interest of the authority.
37-23 (d) The proceeds of each bond issue shall be disbursed in
37-24 the manner and under the restrictions, if any, the authority
37-25 provides in the bond resolution.
37-26 (e) Additional bonds may be issued in the same manner to pay
37-27 the costs of a turnpike project or system. Unless otherwise
37-28 provided in the bond resolution, the additional bonds shall be on a
37-29 parity, without preference or priority, with bonds previously
37-30 issued and payable from the revenue of the turnpike project or
37-31 system. In addition, an authority may issue bonds for a turnpike
37-32 project or system secured by a lien on the revenue of the turnpike
37-33 project or system subordinate to the lien on the revenue securing
37-34 other bonds issued for the turnpike project or system.
37-35 (f) If the proceeds of a bond issue exceed the cost of the
37-36 turnpike project or system for which the bonds were issued, the
37-37 surplus shall be segregated from the other money of the authority
37-38 and used only for the purposes specified in the bond resolution.
37-39 (g) Bonds issued and delivered under this chapter and
37-40 interest coupons on the bonds are a security under Chapter 8,
37-41 Business & Commerce Code.
37-42 (h) Bonds issued under this chapter and income from the
37-43 bonds, including any profit made on the sale or transfer of the
37-44 bonds, are exempt from taxation in this state.
37-45 Sec. 366.112. INTERIM BONDS. (a) An authority may, before
37-46 issuing definitive bonds, issue interim bonds, with or without
37-47 coupons, exchangeable for definitive bonds.
37-48 (b) The interim bonds may be authorized and issued in
37-49 accordance with this chapter, without regard to the requirements,
37-50 restrictions, or procedural provisions contained in any other law.
37-51 (c) A bond resolution authorizing interim bonds may provide
37-52 that the interim bonds recite that the bonds are issued under this
37-53 chapter. The recital is conclusive evidence of the validity and
37-54 the regularity of the bonds' issuance.
37-55 Sec. 366.113. PAYMENT OF BONDS; STATE AND COUNTY CREDIT NOT
37-56 PLEDGED. (a) The principal of, interest on, and any redemption
37-57 premium on bonds issued by an authority are payable solely from:
37-58 (1) the revenue of the turnpike project or system for
37-59 which the bonds are issued, including tolls pledged to pay the
37-60 bonds;
37-61 (2) payments made under an agreement with the
37-62 commission or a local governmental entity as provided by Subchapter
37-63 G;
37-64 (3) money derived from any other source available to
37-65 the authority, other than money derived from a turnpike project
37-66 that is not part of the same system or money derived from a
37-67 different system, except to the extent that the surplus revenue of
37-68 a turnpike project or system has been pledged for that purpose; and
37-69 (4) amounts received under a credit agreement relating
38-1 to the turnpike project or system for which the bonds are issued.
38-2 (b) Bonds issued under this chapter do not constitute a debt
38-3 of the state or any of the counties of an authority or a pledge of
38-4 the faith and credit of the state or any of the counties. Each
38-5 bond must contain on its face a statement to the effect that the
38-6 state, the authority, and the counties of the authority are not
38-7 obligated to pay the bond or the interest on the bond from a source
38-8 other than the amount pledged to pay the bond and the interest on
38-9 the bond, and neither the faith and credit and taxing power of the
38-10 state or the counties of the authority are pledged to the payment
38-11 of the principal of or interest on the bond.
38-12 (c) An authority may not incur financial obligations that
38-13 cannot be paid from revenue derived from owning or operating the
38-14 authority's turnpike projects and systems or from other revenue
38-15 provided by law.
38-16 Sec. 366.114. EFFECT OF LIEN. (a) A lien on or a pledge of
38-17 revenue from a turnpike project or system under this chapter or on
38-18 a reserve, replacement, or other fund established in connection
38-19 with a bond issued under this chapter:
38-20 (1) is enforceable at the time of payment for and
38-21 delivery of the bond;
38-22 (2) applies to an item on hand or subsequently
38-23 received;
38-24 (3) applies without physical delivery of an item or
38-25 other act; and
38-26 (4) is enforceable against any person having any
38-27 claim, in tort, contract, or other remedy, against the applicable
38-28 authority without regard to whether the person has notice of the
38-29 lien or pledge.
38-30 (b) A bond resolution is not required to be recorded except
38-31 in the regular records of the authority.
38-32 Sec. 366.115. BOND INDENTURE. (a) Bonds issued under this
38-33 chapter may be secured by a bond indenture between the authority
38-34 and a corporate trustee that is a trust company or a bank that has
38-35 the powers of a trust company.
38-36 (b) A bond indenture may pledge or assign the tolls and
38-37 other revenue to be received but may not convey or mortgage any
38-38 part of a turnpike project or system.
38-39 (c) A bond indenture may:
38-40 (1) set forth the rights and remedies of the
38-41 bondholders and the trustee;
38-42 (2) restrict the individual right of action by
38-43 bondholders as is customary in trust agreements or indentures of
38-44 trust securing corporate bonds and debentures; and
38-45 (3) contain provisions the authority determines
38-46 reasonable and proper for the security of the bondholders,
38-47 including covenants:
38-48 (A) establishing the authority's duties relating
38-49 to:
38-50 (i) the acquisition of property;
38-51 (ii) the construction, maintenance,
38-52 operation, and repair of and insurance for a turnpike project or
38-53 system; and
38-54 (iii) custody, safeguarding, and
38-55 application of money;
38-56 (B) prescribing events that constitute default;
38-57 (C) prescribing terms on which any or all of the
38-58 bonds become or may be declared due before maturity; and
38-59 (D) relating to the rights, powers, liabilities,
38-60 or duties that arise on the breach of an authority's duty.
38-61 (d) The expenses incurred in carrying out a trust agreement
38-62 may be treated as part of the cost of operating the turnpike
38-63 project.
38-64 (e) In addition to all other rights by mandamus or other
38-65 court proceeding, an owner or trustee of a bond issued under this
38-66 chapter may enforce the owner's rights against an issuing
38-67 authority, the authority's employees, the authority's board, or an
38-68 agent or employee of the authority's board and is entitled to:
38-69 (1) require the authority and the board to impose and
39-1 collect tolls, charges, and other revenue sufficient to carry out
39-2 any agreement contained in the bond proceedings; and
39-3 (2) apply for and obtain the appointment of a receiver
39-4 for the turnpike project or system.
39-5 Sec. 366.116. APPROVAL OF BONDS BY ATTORNEY GENERAL.
39-6 (a) An authority shall submit to the attorney general for
39-7 examination a transcript of proceedings relating to bonds
39-8 authorized under this chapter. The transcript shall include the
39-9 bond proceedings and any contract securing or providing revenue for
39-10 the payment of the bonds.
39-11 (b) If the attorney general determines that the bonds, the
39-12 bond proceedings, and any supporting contract are authorized by
39-13 law, the attorney general shall approve the bonds and deliver to
39-14 the comptroller:
39-15 (1) a copy of the legal opinion of the attorney
39-16 general stating the approval; and
39-17 (2) the record of proceedings relating to the
39-18 authorization of the bonds.
39-19 (c) On receipt of the legal opinion of the attorney general
39-20 and the record of proceedings relating to the authorization of the
39-21 bonds, the comptroller shall register the record of proceedings.
39-22 (d) After approval by the attorney general, the bonds, the
39-23 bond proceedings, and any supporting contract are valid,
39-24 enforceable, and incontestable in any court or other forum for any
39-25 reason and are binding obligations according to their terms for all
39-26 purposes.
39-27 Sec. 366.117. FURNISHING OF INDEMNIFYING BONDS OR PLEDGES OF
39-28 SECURITIES. (a) A bank or trust company incorporated under the
39-29 laws of this state that acts as depository of the proceeds of bonds
39-30 or of revenue may furnish indemnifying bonds or pledge securities
39-31 that an authority requires.
39-32 (b) Bonds of an authority may secure the deposit of public
39-33 money of the state or a political subdivision of the state to the
39-34 extent of the lesser of the face value of the bonds or their market
39-35 value.
39-36 Sec. 366.118. APPLICABILITY OF OTHER LAW; CONFLICTS. All
39-37 laws affecting the issuance of bonds by local governmental
39-38 entities, including Chapter 656, Acts of the 68th Legislature,
39-39 Regular Session, 1983 (Article 717q, Vernon's Texas Civil
39-40 Statutes), Chapter 3, Acts of the 61st Legislature, Regular
39-41 Session, 1969 (Article 717k-2, Vernon's Texas Civil Statutes), the
39-42 Bond Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil
39-43 Statutes), and Chapter 53, Acts of the 70th Legislature, 2nd Called
39-44 Session, 1987 (Article 717k-8, Vernon's Texas Civil Statutes),
39-45 apply to bonds issued under this chapter. To the extent of a
39-46 conflict between those laws and this chapter, the provisions of
39-47 this chapter prevail.
39-48 (Sections 366.119-366.160 reserved for expansion
39-49 SUBCHAPTER E. ACQUISITION, CONSTRUCTION, AND OPERATION
39-50 OF TURNPIKE PROJECTS
39-51 Sec. 366.161. TURNPIKE PROJECTS EXTENDING INTO OTHER
39-52 COUNTIES. An authority may acquire, construct, operate, maintain,
39-53 expand, or extend a turnpike project in:
39-54 (1) a county that is a part of the authority;
39-55 (2) a county in which the authority operates or is
39-56 constructing a turnpike project if the turnpike project in the
39-57 affected county is a continuation of the authority's turnpike
39-58 project or system extending from an adjacent county; or
39-59 (3) a county in which the authority operates or is
39-60 constructing a turnpike project that is not a continuation of the
39-61 authority's turnpike project or system if the commissioners court
39-62 of the county and the commission have approved the project.
39-63 Sec. 366.162. POWERS AND PROCEDURES OF AUTHORITY IN
39-64 ACQUIRING PROPERTY. (a) An authority may construct or improve a
39-65 turnpike project on real property, including a right-of-way
39-66 acquired by the authority or provided to the authority for that
39-67 purpose by the commission, a political subdivision of this state,
39-68 or any other local governmental entity.
39-69 (b) Except as provided by this chapter, an authority has the
40-1 same powers and may use the same procedures as the commission in
40-2 acquiring property.
40-3 Sec. 366.163. ACQUISITION OF PROPERTY. (a) An authority
40-4 may acquire in the name of the authority public or private real and
40-5 other property it determines necessary or convenient for the
40-6 design, financing, construction, operation, maintenance, expansion,
40-7 or extension of a turnpike project or for otherwise carrying out
40-8 this chapter.
40-9 (b) The property an authority may acquire under this
40-10 subchapter includes all or any portion of, and rights in and to:
40-11 (1) public or private land, streets, alleys,
40-12 rights-of-way, parks, playgrounds, and reservations;
40-13 (2) franchises;
40-14 (3) easements;
40-15 (4) licenses; and
40-16 (5) other interests in real and other property.
40-17 (c) An authority may acquire real property by any method,
40-18 including purchase and condemnation. An authority may purchase
40-19 public or private real property on the terms and at the price the
40-20 authority and the property owner consider reasonable.
40-21 (d) Covenants, conditions, restrictions, or limitations
40-22 affecting property acquired in any manner by the authority are not
40-23 binding against the authority and do not impair the authority's
40-24 ability to use the property for a purpose authorized by this
40-25 chapter. The beneficiaries of the covenants, conditions,
40-26 restrictions, or limitations are not entitled to enjoin the
40-27 authority from using the property for a purpose authorized under
40-28 this chapter, but this section does not affect the right of a
40-29 person to seek damages to the person's property under Section 17,
40-30 Article I, Texas Constitution.
40-31 Sec. 366.164. RIGHT OF ENTRY. (a) To acquire property
40-32 necessary or useful in connection with a turnpike project, an
40-33 authority may enter any real property, water, or premises to make a
40-34 survey, geotechnical evaluation, sounding, or examination.
40-35 (b) An entry under Subsection (a) is not:
40-36 (1) a trespass; or
40-37 (2) an entry under a pending condemnation proceeding.
40-38 Sec. 366.165. CONDEMNATION OF REAL PROPERTY. (a) Subject
40-39 to Subsection (c), an authority may acquire public or private real
40-40 property in the name of the authority by the exercise of the power
40-41 of condemnation under the laws applicable to the exercise of that
40-42 power on property for public use if:
40-43 (1) the authority and the property owner cannot agree
40-44 on a reasonable price for the property; or
40-45 (2) the property owner is legally incapacitated,
40-46 absent, unknown, or unable to convey title.
40-47 (b) An authority may condemn real property that the
40-48 authority determines is:
40-49 (1) necessary or appropriate to construct or to
40-50 efficiently operate a turnpike project;
40-51 (2) necessary to restore public or private property
40-52 damaged or destroyed;
40-53 (3) necessary for access, approach, and interchange
40-54 roads;
40-55 (4) necessary for supplemental facilities of the
40-56 authority;
40-57 (5) necessary to provide proper drainage and ground
40-58 slope for a turnpike project; or
40-59 (6) necessary otherwise to implement this chapter.
40-60 (c) An authority's acquisition of any real or other property
40-61 of the commission under this section or any other section of this
40-62 chapter, or an authority's relocation, rerouting, disruption, or
40-63 alteration of any facility of the commission is considered a
40-64 conversion of a state highway under Section 366.035 and is subject
40-65 to all requirements and approvals of a conversion under that
40-66 section.
40-67 Sec. 366.166. DECLARATION OF TAKING. (a) An authority may
40-68 file a declaration of taking with the clerk of the court:
40-69 (1) in which the authority files a condemnation
41-1 petition under Chapter 21, Property Code; or
41-2 (2) to which the case is assigned.
41-3 (b) An authority may file the declaration of taking
41-4 concurrently with or subsequent to the petition, but may not file
41-5 the declaration after the special commissioners have made an award
41-6 in the condemnation proceeding.
41-7 (c) The declaration of taking must include:
41-8 (1) a specific reference to the legislative authority
41-9 for the condemnation;
41-10 (2) a description and plot plan of the real property
41-11 to be condemned, including the following information if applicable:
41-12 (A) the municipality in which the property is
41-13 located;
41-14 (B) the street address of the property; and
41-15 (C) the lot and block number of the property;
41-16 (3) a statement of the property interest to be
41-17 condemned;
41-18 (4) the name and address of each property owner that
41-19 the authority can obtain after reasonable investigation and a
41-20 description of the owner's interest in the property; and
41-21 (5) a statement that immediate possession of all or
41-22 part of the property to be condemned is necessary for the timely
41-23 construction of a turnpike project.
41-24 (d) A deposit to the registry of the court of an amount
41-25 equal to the appraised fair market value, as determined by the
41-26 authority, of the property to be condemned and any damages to the
41-27 remainder must accompany the declaration of taking.
41-28 (e) Instead of the deposit under Subsection (d), at its
41-29 option, the authority may, concurrently with the declaration of a
41-30 taking, tender in favor of the owner of the subject property a bond
41-31 or other security in an amount sufficient to secure the owner for
41-32 the value of the property taken and damages to remaining property,
41-33 if the authority obtains the court's approval.
41-34 (f) The date on which the declaration is filed is the date
41-35 of taking for the purpose of assessing the value of the property
41-36 taken and damages to any remaining property to which an owner is
41-37 entitled.
41-38 (g) An owner may draw upon the deposit held by the court
41-39 under Subsection (d) on the same terms and conditions as are
41-40 applicable under state law to a property owner's withdrawal of a
41-41 commissioners' award deposited under Section 21.021(a)(1), Property
41-42 Code.
41-43 (h) A property owner that is a defendant in an eminent
41-44 domain action filed by an authority under this chapter has 20 days
41-45 after the date of service of process of both a condemnation
41-46 petition and a notice of declaration of taking to give notice to
41-47 the court in which the action is pending of the defendant's desire
41-48 to have the condemnation petition placed on the court's docket in
41-49 the same manner as other cases pending in the court. On receipt of
41-50 timely notice from the defendant, the court in which the eminent
41-51 domain action is pending shall place the case on its docket in the
41-52 same manner as other cases pending in the court.
41-53 Sec. 366.167. POSSESSION OF PROPERTY. (a) Immediately on
41-54 the filing of a declaration of taking, an authority shall serve a
41-55 copy of the declaration on each person possessing an interest in
41-56 the condemned property by a method prescribed by Section 21.016(d),
41-57 Property Code. The authority shall file evidence of the service
41-58 with the clerk of the court. On filing of that evidence, the
41-59 authority may take possession of the property on the same terms as
41-60 if a commissioners hearing had been conducted, pending the
41-61 litigation.
41-62 (b) If the condemned property is a homestead or a portion of
41-63 a homestead as defined by Section 41.002, Property Code, an
41-64 authority may not take possession before the 31st day after the
41-65 date of service under Subsection (a).
41-66 (c) A property owner or tenant who refuses to vacate the
41-67 property or yield possession is subject to forcible entry and
41-68 detainer under Chapter 24, Property Code.
41-69 Sec. 366.168. SEVERANCE OF REAL PROPERTY. (a) If an
42-1 authority's turnpike project severs a property owner's real
42-2 property, the authority shall pay:
42-3 (1) the value of the property acquired; and
42-4 (2) the damages, if any, to the remainder of the
42-5 owner's property caused by the severance, including damages caused
42-6 by the inaccessibility of one tract from the other.
42-7 (b) At its option, an authority may negotiate for and
42-8 purchase the severed real property or any part of the severed real
42-9 property if the authority and the property owner agree on terms for
42-10 the purchase. An authority may sell and dispose of severed real
42-11 property that it determines is not necessary or useful to the
42-12 authority. Severed property must be appraised before being offered
42-13 for sale by an authority.
42-14 Sec. 366.169. ACQUISITION OF RIGHTS IN PUBLIC REAL PROPERTY.
42-15 (a) An authority may use real property, including submerged land,
42-16 streets, alleys, and easements, owned by the state or a local
42-17 governmental entity that the authority considers necessary for the
42-18 construction or operation of a turnpike project.
42-19 (b) The state or a local governmental entity having charge
42-20 of public real property may consent to the use of the property for
42-21 a turnpike project.
42-22 (c) Except as provided by Section 366.035, the state or a
42-23 local governmental entity may convey, grant, or lease to an
42-24 authority real property, including highways and other real property
42-25 already devoted to public use and rights or easements in real
42-26 property, that may be necessary or convenient to accomplish the
42-27 authority's purposes, including the construction or operation of a
42-28 turnpike project. A conveyance, grant, or lease under this section
42-29 may be made without advertising, court order, or other action other
42-30 than the normal action of the state or local governmental entity
42-31 necessary for a conveyance, grant, or lease.
42-32 (d) This section does not deprive the School Land Board of
42-33 the power to execute leases for the development of oil, gas, and
42-34 other minerals on state-owned real property adjoining a turnpike
42-35 project or in tidewater limits. The leases may provide for
42-36 directional drilling from the adjoining property or tidewater area.
42-37 Sec. 366.170. COMPENSATION FOR AND RESTORATION OF PUBLIC
42-38 PROPERTY. (a) Except as provided by Section 366.035 or Section
42-39 366.165(c), an authority may not pay compensation for public real
42-40 property, parkways, streets, highways, alleys, or reservations it
42-41 takes, except for parks and playgrounds or as provided by this
42-42 chapter.
42-43 (b) Public property damaged in the exercise of powers
42-44 granted by this chapter shall be restored or repaired and placed in
42-45 its original condition as nearly as practicable.
42-46 (c) An authority has full easements and rights-of-way
42-47 through, across, under, and over any property owned by the state or
42-48 any local governmental entity that are necessary or convenient to
42-49 construct, acquire, or efficiently operate a turnpike project or
42-50 system under this chapter.
42-51 Sec. 366.171. PUBLIC UTILITY FACILITIES. (a) An authority
42-52 may adopt rules for the installation, construction, operation,
42-53 maintenance, repair, renewal, relocation, and removal of a public
42-54 utility facility in, on, along, over, or under a turnpike project.
42-55 (b) If an authority determines it is necessary that a public
42-56 utility facility located in, on, along, over, or under a turnpike
42-57 project be relocated in the turnpike project, removed from the
42-58 turnpike project, or carried along or across the turnpike project
42-59 by grade separation, the owner or operator of the utility facility
42-60 shall relocate or remove the facility in accordance with the
42-61 requirements of the authority and in a manner that does not impede
42-62 the design, financing, construction, operation, or maintenance of
42-63 the turnpike project. The authority, as a part of the cost of the
42-64 turnpike project or the cost of operating the turnpike project,
42-65 shall pay the cost of the relocation, removal, or grade separation,
42-66 including the cost of:
42-67 (1) installation of the facility in a new location;
42-68 (2) interests in real property and other rights
42-69 acquired to accomplish the relocation or removal; and
43-1 (3) maintenance of grade separation structures.
43-2 (c) The authority may reduce the total costs to be paid by
43-3 the authority under Subsection (b) by 10 percent for each 30-day
43-4 period or portion of a 30-day period by which the relocation
43-5 exceeds the limit specified by the authority. If an owner or
43-6 operator of a public utility facility does not timely remove or
43-7 relocate as required under Subsection (b), the authority may do so
43-8 at the expense of the public utility. If the authority determines
43-9 that a delay in relocation is the result of circumstances beyond
43-10 the control of the utility, full costs shall be paid by the
43-11 authority.
43-12 (d) Chapter 228, Acts of the 51st Legislature, Regular
43-13 Session, 1949 (Article 1436a, Vernon's Texas Civil Statutes),
43-14 applies to the erection, construction, maintenance, and operation
43-15 of lines and poles owned by a corporation described by Section 1 of
43-16 that Act over, under, across, on, and along a turnpike project or
43-17 system constructed by an authority. An authority has the powers
43-18 and duties delegated to the commissioners court by that Act, and an
43-19 authority has exclusive jurisdiction and control of utilities
43-20 located in its rights-of-way.
43-21 (e) The laws of this state applicable to the use of public
43-22 roads, streets, and waters by a telephone and telegraph corporation
43-23 apply to the erection, construction, maintenance, location, and
43-24 operation of a line, pole, or other fixture by a telephone and
43-25 telegraph corporation over, under, across, on, and along a turnpike
43-26 project or system constructed by an authority under this chapter.
43-27 (f) In this section "public utility facility" means a track,
43-28 pipe, main, conduit, cable, wire, tower, pole, or other item of
43-29 plant or equipment or an appliance of a public utility or other
43-30 person.
43-31 Sec. 366.172. LEASE, SALE, OR CONVEYANCE OF TURNPIKE
43-32 PROJECT. (a) An authority may lease, sell, or convey in another
43-33 manner a turnpike project to the department, a county, or a local
43-34 government corporation created under Chapter 431.
43-35 (b) An agreement to lease, sell, or convey a turnpike
43-36 project under this section must provide for the discharge and final
43-37 payment or redemption of the authority's outstanding bonded
43-38 indebtedness for the turnpike project and must not be prohibited
43-39 under the bond proceedings applicable to the system, if any, of
43-40 which the turnpike project is a part.
43-41 Sec. 366.173. REVENUE. (a) An authority may:
43-42 (1) impose tolls for the use of each of its turnpike
43-43 projects and systems and the different parts or sections of each of
43-44 its turnpike projects and systems; and
43-45 (2) contract with a person for the use of part of a
43-46 turnpike project or system or lease or sell part of a turnpike
43-47 project or system, including the right-of-way adjoining the paved
43-48 portion, for any purpose, including placing on the adjoining
43-49 right-of-way a gas station, garage, store, hotel, restaurant,
43-50 parking facility, railroad track, billboard, livestock pasturage,
43-51 telephone line or facility, telecommunication line or facility,
43-52 data transmission line or facility, and electric line or facility,
43-53 under terms set by the authority.
43-54 (b) Tolls must be set so that the aggregate of tolls from an
43-55 authority's turnpike project or system, together with other revenue
43-56 of the turnpike project or system:
43-57 (1) provides revenue sufficient to pay:
43-58 (A) the cost of maintaining, repairing, and
43-59 operating the turnpike project or system; and
43-60 (B) the principal of and interest on the bonds
43-61 issued for the turnpike project or system as those bonds become due
43-62 and payable; and
43-63 (2) creates reserves for a purpose listed under
43-64 Subdivision (1).
43-65 (c) Tolls are not subject to supervision or regulation by
43-66 any state agency or other local governmental entity.
43-67 (d) Tolls and other revenue derived from a turnpike project
43-68 or system for which bonds are issued, except the part necessary to
43-69 pay the cost of maintenance, repair, and operation and to provide
44-1 reserves for those costs as may be provided in the bond
44-2 proceedings, shall be set aside at regular intervals as may be
44-3 provided in the bond resolution or trust agreement in a sinking
44-4 fund that is pledged to and charged with the payment of:
44-5 (1) interest on the bonds as it becomes due;
44-6 (2) principal of the bonds as it becomes due;
44-7 (3) necessary charges of paying agents for paying
44-8 principal and interest; and
44-9 (4) the redemption price or the purchase price of
44-10 bonds retired by call or purchase as provided by the bond
44-11 proceedings.
44-12 (e) Use and disposition of money to the credit of the
44-13 sinking fund is subject to the bond proceedings.
44-14 (f) To the extent permitted under the applicable bond
44-15 proceedings, revenue from one turnpike project of an authority may
44-16 be used to pay the cost of other turnpike projects of the
44-17 authority.
44-18 (g) An authority may not use revenue from its turnpike
44-19 projects in a manner not authorized by this chapter. Revenue
44-20 generated from a turnpike project may not be applied for a purpose
44-21 or to pay a cost other than a cost or purpose that is reasonably
44-22 related to or anticipated for a turnpike project.
44-23 Sec. 366.174. AUTHORITY REVOLVING FUND. (a) An authority
44-24 may maintain a revolving fund to be held in trust by a banking
44-25 institution chosen by the authority separate from any other funds
44-26 and administered by the authority's board.
44-27 (b) An authority may transfer into its revolving fund money
44-28 from any permissible source, including:
44-29 (1) money from a turnpike project if the transfer does
44-30 not diminish the money available for the project or the system, if
44-31 any, of which it is a part to less than an amount required to be
44-32 retained by the bond proceedings pertaining to the project or
44-33 system;
44-34 (2) money received by the authority from any source
44-35 and not otherwise committed, including money from the transfer of a
44-36 turnpike project or system or sale of authority assets;
44-37 (3) advances authorized under Section 52-b, Article
44-38 III, Texas Constitution; and
44-39 (4) contributions, loans, grants, or assistance from
44-40 the United States, another state, a political subdivision of this
44-41 state, a foreign governmental entity, including the United Mexican
44-42 States or a state of the United Mexican States, a local
44-43 governmental entity, any private enterprise, or any person.
44-44 (c) The authority may use money in the revolving fund to:
44-45 (1) finance the acquisition, construction,
44-46 maintenance, or operation of a turnpike project or system,
44-47 including the extension, expansion, or improvement of a project or
44-48 system;
44-49 (2) provide matching money required in connection with
44-50 any federal, state, local, or private aid, grant, or other funding,
44-51 including aid or funding by or with public-private partnerships;
44-52 (3) provide credit enhancement either directly or
44-53 indirectly for bonds issued to acquire, construct, extend, expand,
44-54 or improve a turnpike project or system;
44-55 (4) provide security for or payment of future or
44-56 existing debt for the design, acquisition, construction, operation,
44-57 maintenance, extension, expansion, or improvement of a turnpike
44-58 project or system;
44-59 (5) borrow money and issue promissory notes or other
44-60 indebtedness payable out of the revolving fund for any purpose
44-61 authorized by this chapter; and
44-62 (6) provide for any other reasonable purpose that
44-63 assists in the financing of an authority as authorized by this
44-64 chapter.
44-65 (d) Money spent or advanced from the revolving fund for a
44-66 turnpike project or system must be reimbursed from the money of
44-67 that turnpike project or system, and there must be a reasonable
44-68 expectation of such repayment at the time of authorization.
44-69 Sec. 366.175. USE OF SURPLUS REVENUE. The board of an
45-1 authority may by resolution authorize the use of surplus revenue of
45-2 a turnpike project or system to pay the costs of another turnpike
45-3 project or system other than a project financed under Subchapter G.
45-4 The board may in the resolution prescribe terms for the use of the
45-5 revenue, including the pledge of the revenue, but may not take an
45-6 action under this section that violates, impairs, or is
45-7 inconsistent with a bond resolution, trust agreement, or indenture
45-8 governing the use of the surplus revenue.
45-9 Sec. 366.176. EXEMPTION FROM TAXATION OR ASSESSMENT.
45-10 (a) An authority is exempt from taxation of or assessments on:
45-11 (1) a turnpike project or system;
45-12 (2) property the authority acquires or uses under this
45-13 chapter; or
45-14 (3) income from property described by Subdivision (1)
45-15 or (2).
45-16 (b) An authority is exempt from payment of development fees,
45-17 utility connection fees, assessments, and service fees imposed or
45-18 assessed by a county, municipality, road and utility district,
45-19 river authority, any other state or local governmental entity, or
45-20 any property owners' or homeowners' association.
45-21 Sec. 366.177. ACTIONS AFFECTING EXISTING ROADS. (a) An
45-22 authority may impose a toll for transit over an existing free road,
45-23 street, or public highway transferred to the authority under this
45-24 chapter.
45-25 (b) An authority may construct a grade separation at an
45-26 intersection of a turnpike project with a railroad or highway and
45-27 change the line or grade of a highway to accommodate the design of
45-28 the grade separation. The action may not affect a segment of the
45-29 state highway system without the department's consent. The
45-30 authority shall pay the cost of a grade separation and any damage
45-31 incurred in changing a line or grade of a railroad or highway as
45-32 part of the cost of the turnpike project.
45-33 (c) If feasible, an authority shall provide access to
45-34 properties previously abutting a county or other public road that
45-35 is taken for a turnpike project and shall pay abutting property
45-36 owners the expenses or any resulting damages for a denial of access
45-37 to the road.
45-38 Sec. 366.178. FAILURE OR REFUSAL TO PAY TOLL. (a) A motor
45-39 vehicle other than a police or emergency vehicle that passes
45-40 through a toll collection facility, whether driven or towed, shall
45-41 pay the proper toll.
45-42 (b) A person who fails or refuses to pay a toll provided for
45-43 the use of a project is liable for a fine not to exceed $250, plus
45-44 an administrative fee incurred in connection with the violation.
45-45 (c) If a person fails to pay the proper toll:
45-46 (1) on issuance of a notice of nonpayment, the
45-47 registered owner of the nonpaying vehicle shall pay both the proper
45-48 toll and the administrative fee; and
45-49 (2) an authority may charge an administrative fee of
45-50 not more than $100 to recover the cost of collecting the unpaid
45-51 toll.
45-52 (d) Notice of nonpayment under Subsection (c)(1) shall be
45-53 sent by first-class mail and may not require payment of the proper
45-54 toll and the administrative fee before the 30th day after the date
45-55 the notice is mailed. The registered owner shall pay a separate
45-56 toll and administrative fee for each nonpayment.
45-57 (e) If the registered owner of the vehicle fails to pay the
45-58 proper toll and administrative fee in the time specified by the
45-59 notice, the owner shall be cited as for other traffic violations as
45-60 provided by law, and the owner shall pay a fine of not more than
45-61 $250 for each nonpayment.
45-62 (f) In the prosecution of a violation for nonpayment, proof
45-63 that the vehicle passed through a toll collection facility without
45-64 payment of the proper toll together with proof that the defendant
45-65 was the registered owner or the driver of the vehicle when the
45-66 failure to pay occurred, establishes the nonpayment of the
45-67 registered owner. The proof may be by testimony of a peace officer
45-68 or authority employee, video surveillance, or any other reasonable
45-69 evidence.
46-1 (g) The court of the local jurisdiction in which the
46-2 violation occurs may assess and collect the fine in addition to any
46-3 court costs. The court shall collect the proper toll and
46-4 administrative fee and forward the toll and fee to the authority.
46-5 (h) It is a defense to nonpayment under this section that
46-6 the motor vehicle in question was stolen before the failure to pay
46-7 the proper toll occurred and was not recovered by the time of the
46-8 failure to pay, but only if the theft was reported to the
46-9 appropriate law enforcement authority before the earlier of:
46-10 (1) the occurrence of the failure to pay; or
46-11 (2) eight hours after the discovery of the theft.
46-12 (i) A registered owner who is the lessor of a vehicle for
46-13 which a notice of nonpayment has been issued is not liable if, not
46-14 later than the 30th day after the date the notice of nonpayment is
46-15 mailed, the registered owner provides to the authority a copy of
46-16 the lease agreement covering the vehicle on the date of the
46-17 nonpayment. The name and address of the lessee must be clearly
46-18 legible. If the lessor timely provides the required information,
46-19 the lessee of the vehicle on the date of the violation is
46-20 considered to be the owner of the vehicle for purposes of this
46-21 section. The lessee is subject to prosecution for failure to pay
46-22 the proper toll if the authority sends a notice of nonpayment to
46-23 the lessee by first-class mail not later than the 30th day after
46-24 the date of the receipt of the information from the lessor.
46-25 Sec. 366.179. USE AND RETURN OF TRANSPONDERS. (a) For
46-26 purposes of this section, a transponder is a device placed on or
46-27 within an automobile that is capable of transmitting or receiving
46-28 information used to assess or collect tolls. A transponder is
46-29 insufficiently funded if there is no money in the account for which
46-30 the transponder was issued.
46-31 (b) Any law enforcement or peace officer of the Department
46-32 of Public Safety may seize a stolen or insufficiently funded
46-33 transponder and return it to the authority that issued the
46-34 transponder. An insufficiently funded transponder may not be
46-35 seized before the 30th day after the date that an authority has
46-36 sent a notice of delinquency to the holder of the account.
46-37 Sec. 366.180. CONTROLLED ACCESS TO TURNPIKE PROJECTS.
46-38 (a) An authority may designate a turnpike project or a portion of
46-39 a project as a controlled-access toll road.
46-40 (b) An authority by order may:
46-41 (1) prohibit the use of or access to or from a
46-42 turnpike project by a motor vehicle, bicycle, other vehicle, or a
46-43 pedestrian;
46-44 (2) deny access to or from:
46-45 (A) its turnpike projects;
46-46 (B) real property adjacent to its turnpike
46-47 projects; or
46-48 (C) a street, road, alley, highway, or other
46-49 public or private way intersecting its turnpike projects;
46-50 (3) designate locations on its turnpike projects at
46-51 which access to or from the toll road is permitted;
46-52 (4) control, restrict, and determine the type and
46-53 extent of access permitted at a designated location of access to
46-54 the turnpike projects; or
46-55 (5) erect appropriate protective devices to preserve
46-56 the utility, integrity, and use of its turnpike projects.
46-57 (c) Denial of access to or from a segment of the state
46-58 highway system is subject to the approval of the commission.
46-59 Sec. 366.181. PROMOTION OF TOLL ROADS. An authority may
46-60 promote the use of its turnpike projects by appropriate means,
46-61 including advertising or marketing as the authority determines
46-62 appropriate.
46-63 Sec. 366.182. OPERATION OF TURNPIKE PROJECT; PEACE OFFICERS.
46-64 (a) An authority shall operate its turnpike projects through a
46-65 force of toll-takers and other employees of the authority or
46-66 through services contracted under Subsection (b) or (c).
46-67 (b) An authority may enter into an agreement with one or
46-68 more persons to provide, on terms and conditions approved by the
46-69 authority, personnel and services to design, construct, operate,
47-1 maintain, expand, enlarge, or extend the authority's turnpike
47-2 projects.
47-3 (c) An authority may contract with any state or local
47-4 government entity for the services of peace officers of that
47-5 agency.
47-6 Sec. 366.183. AUDIT. An authority shall have a certified
47-7 public accountant audit the authority's books and accounts at least
47-8 annually. The cost of the audit may be treated as part of the cost
47-9 of construction or operation of a turnpike project.
47-10 Sec. 366.184. DISADVANTAGED BUSINESSES. (a) Consistent
47-11 with general law, an authority shall:
47-12 (1) set goals for the award of contracts to
47-13 disadvantaged businesses and attempt to meet the goals;
47-14 (2) attempt to identify disadvantaged businesses that
47-15 provide or have the potential to provide supplies, materials,
47-16 equipment, or services to the authority; and
47-17 (3) give disadvantaged businesses full access to the
47-18 authority's contract bidding process, inform the businesses about
47-19 the process, offer the businesses assistance concerning the
47-20 process, and identify barriers to the businesses' participation in
47-21 the process.
47-22 (b) This section does not exempt an authority from
47-23 competitive bidding requirements provided by other law.
47-24 Sec. 366.185. COMPETITIVE BIDDING. (a) A contract made by
47-25 an authority that requires the expenditures of public funds for the
47-26 construction or maintenance of a turnpike project must be let by a
47-27 competitive bidding procedure in which the contract is awarded to
47-28 the lowest responsible bidder that complies with the authority's
47-29 criteria.
47-30 (b) The authority shall adopt rules governing the award of
47-31 contracts through competitive bidding.
47-32 (Sections 366.186-366.250 reserved for expansion
47-33 SUBCHAPTER F. GOVERNANCE
47-34 Sec. 366.251. BOARD OF DIRECTORS. (a) An authority is
47-35 governed by a board of directors.
47-36 (b) The commissioners court of each county of the authority
47-37 shall appoint one director to serve on the board. The governor
47-38 shall appoint three directors to serve on the board.
47-39 (c) Directors shall be divided into two groups. To the
47-40 greatest degree possible, each group shall contain an equal number
47-41 of directors. Directors shall serve terms of two years, except
47-42 that one group of directors of the initial board of an authority
47-43 shall serve for a term of one year.
47-44 (d) Two directors appointed by the governor must have
47-45 resided in a county of the authority for at least one year before
47-46 the person's appointment. One director appointed by the governor
47-47 must have resided in Parker County, Ellis County, or Johnson County
47-48 for at least one year before the person's appointment. Each
47-49 director appointed by a commissioners court must have resided in
47-50 that county for at least one year before the person's appointment.
47-51 (e) All appointments to the board shall be made without
47-52 regard to race, color, disability, sex, religion, age, or national
47-53 origin.
47-54 (f) An elected official is not eligible to serve as a
47-55 director.
47-56 (g) A vacancy in a position shall be filled promptly by the
47-57 entity that made the appointment.
47-58 (h) Each director has equal status and may vote.
47-59 (i) The board of an authority shall select one director as
47-60 the presiding officer of the board to serve in that capacity until
47-61 the person's term as a director expires. The board shall elect one
47-62 director as assistant presiding officer. The board shall select a
47-63 secretary and treasurer, neither of whom need be a director.
47-64 (j) The vote of a majority attending a board meeting is
47-65 necessary for any action taken by the board. If a vacancy exists
47-66 on a board, the majority of directors serving on the board is a
47-67 quorum.
47-68 Sec. 366.252. CONFLICT OF INTEREST. (a) A person is not
47-69 eligible to serve on the board of an authority if the person or the
48-1 person's spouse:
48-2 (1) is registered, certified, or licensed by an
48-3 occupational regulatory agency in the field of toll road
48-4 construction, maintenance, or operation;
48-5 (2) is employed by or participates in the management
48-6 of a business entity or other organization regulated by the
48-7 authority or receiving money from the authority;
48-8 (3) owns or controls, directly or indirectly, more
48-9 than a 10 percent interest in a business entity or other
48-10 organization regulated by or receiving money from the authority,
48-11 other than compensation for acquisition of turnpike right-of-way;
48-12 (4) uses or receives a substantial amount of tangible
48-13 goods, services, or money from the authority, other than
48-14 compensation or reimbursement authorized by law for board
48-15 membership, attendance, or expenses, or for compensation for
48-16 acquisition of turnpike right-of-way;
48-17 (5) is an officer, employee, or paid consultant of a
48-18 Texas trade association in the field of road construction,
48-19 maintenance, or operation; or
48-20 (6) is required to register as a lobbyist under
48-21 Chapter 305, Government Code, because of the person's activities
48-22 for compensation on behalf of a profession related to the operation
48-23 of the authority.
48-24 (b) A person may not act as the general counsel to an
48-25 authority if the person is required to register as a lobbyist under
48-26 Chapter 305, Government Code, because of the person's activities
48-27 for compensation on behalf of a profession related to the operation
48-28 of the authority.
48-29 (c) In this section, "Texas trade association" means a
48-30 nonprofit, cooperative, and voluntarily joined association of
48-31 business or professional competitors in this state designed to
48-32 assist its members and its industry or profession in dealing with
48-33 mutual business or professional problems and in promoting their
48-34 common interests.
48-35 Sec. 366.253. SURETY BONDS. (a) Before beginning a term,
48-36 each director shall execute a surety bond in the amount of $25,000,
48-37 and the secretary and treasurer shall execute a surety bond in the
48-38 amount of $50,000.
48-39 (b) Each surety bond must be:
48-40 (1) conditioned on the faithful performance of the
48-41 duties of office;
48-42 (2) executed by a surety company authorized to
48-43 transact business in this state; and
48-44 (3) filed with the secretary of state's office.
48-45 (c) The authority shall pay the expense of the bonds.
48-46 Sec. 366.254. REMOVAL OF DIRECTOR. (a) It is a ground for
48-47 removal of a director from the board if the director:
48-48 (1) did not have at the time of appointment the
48-49 qualifications required by Section 366.251(d);
48-50 (2) whether at the time of appointment or at any time
48-51 during the director's term, is ineligible under Section 366.251(f)
48-52 or 366.252 to serve as a director;
48-53 (3) cannot discharge the director's duties for a
48-54 substantial part of the term for which the director is appointed
48-55 because of illness or disability; or
48-56 (4) is absent from more than half of the regularly
48-57 scheduled board meetings that the director is eligible to attend
48-58 during a calendar year unless the absence is excused by majority
48-59 vote of the board.
48-60 (b) The validity of an action of the board is not affected
48-61 by the fact that it is taken when a ground for removal of a
48-62 director exists.
48-63 (c) If the administrative head of the authority has
48-64 knowledge that a potential ground for removal exists, that person
48-65 shall notify the presiding officer of the board of the ground. The
48-66 presiding officer shall then notify the person that appointed the
48-67 director that a potential ground for removal exists.
48-68 Sec. 366.255. COMPENSATION OF DIRECTOR. Each director is
48-69 entitled to reimbursement for the director's actual expenses
49-1 necessarily incurred in the performance of the director's duties.
49-2 A director is not entitled to any additional compensation for the
49-3 director's services.
49-4 Sec. 366.256. EVIDENCE OF AUTHORITY ACTIONS. Actions of an
49-5 authority are the actions of its board and may be evidenced in any
49-6 legal manner, including a board resolution.
49-7 Sec. 366.257. PUBLIC ACCESS. An authority shall:
49-8 (1) make and implement policies that provide the
49-9 public with a reasonable opportunity to appear before the board to
49-10 speak on any issue under the jurisdiction of the authority; and
49-11 (2) prepare and maintain a written plan that describes
49-12 how an individual who does not speak English or who has a physical,
49-13 mental, or developmental disability may be provided reasonable
49-14 access to the authority's programs.
49-15 Sec. 366.258. INDEMNIFICATION. (a) An authority may
49-16 indemnify one or more of its directors or officers for necessary
49-17 expenses and costs, including attorney's fees, incurred by the
49-18 directors or officers in connection with any claim asserted against
49-19 the directors or officers in their respective capacities as
49-20 directors or officers.
49-21 (b) If an authority does not fully indemnify a director or
49-22 officer as provided by Subsection (a), the court in a proceeding in
49-23 which any claim against the director or officer is asserted or any
49-24 court with jurisdiction of an action instituted by the director or
49-25 officer on a claim for indemnity may assess indemnity against the
49-26 authority, its receiver, or trustee only if the court finds that,
49-27 in connection with the claim, the director or officer is not guilty
49-28 of negligence or misconduct.
49-29 (c) A court may not assess indemnity under Subsection (b)
49-30 for an amount paid by the director or officer to the authority.
49-31 (d) This section applies to a current or former director or
49-32 officer of the authority.
49-33 Sec. 366.259. PURCHASE OF LIABILITY INSURANCE. (a) An
49-34 authority shall insure its officers and employees from liability
49-35 arising from the use, operation, or maintenance of equipment that
49-36 is used or may be used in connection with the laying out,
49-37 construction, or maintenance of the authority's turnpike projects.
49-38 (b) Insurance coverage under this section must be provided
49-39 by the purchase of a policy of liability insurance from a reliable
49-40 insurance company authorized to do business in this state. The
49-41 form of the policy must be approved by the commissioner of
49-42 insurance.
49-43 (c) This section is not a waiver of immunity of the
49-44 authority or the counties in an authority from liability for the
49-45 torts or negligence of an officer or employee of an authority.
49-46 (d) In this section, "equipment" includes an automobile,
49-47 motor truck, trailer, aircraft, motor grader, roller, tractor,
49-48 tractor power mower, and other power equipment.
49-49 Sec. 366.260. CERTAIN CONTRACTS AND SALES PROHIBITED.
49-50 (a) A director, agent, or employee of an authority may not:
49-51 (1) contract with the authority; or
49-52 (2) be directly or indirectly interested in:
49-53 (A) a contract with the authority; or
49-54 (B) the sale of property to the authority.
49-55 (b) A person who violates Subsection (a) is liable for a
49-56 civil penalty to the authority not to exceed $1,000.
49-57 (c) Subsection (a) does not apply to the sale of turnpike
49-58 right-of-way to an authority.
49-59 Sec. 366.261. STRATEGIC PLANS AND ANNUAL REPORTS. (a) An
49-60 authority shall make a strategic plan for its operations. A
49-61 majority of the commissioners courts of the counties composing the
49-62 authority shall by concurrent resolution determine the types of
49-63 information required to be included in the strategic plan. Each
49-64 even-numbered year, an authority shall issue a plan covering the
49-65 next five fiscal years, beginning with the next odd-numbered fiscal
49-66 year.
49-67 (b) Not later than March 31 of each year, an authority shall
49-68 file with the commissioners court of each county of the authority a
49-69 written report on the authority's activities describing all
50-1 turnpike revenue bond issuances anticipated for the coming year,
50-2 the financial condition of the authority, all project schedules,
50-3 and the status of the authority's performance under the most recent
50-4 strategic plan. At the invitation of a commissioners court of a
50-5 county in the authority, the board and the administrative head of
50-6 an authority shall appear before the commissioners court to present
50-7 the report and receive questions and comments.
50-8 (c) The authority shall give notice to the commissioners
50-9 court of each county of the authority not later than the 90th day
50-10 before the date of issuance of revenue bonds.
50-11 Sec. 366.262. MEETINGS BY TELEPHONE CONFERENCE CALL.
50-12 (a) Chapter 551, Government Code, does not prohibit any open or
50-13 closed meeting of the board, a committee of the board, or the
50-14 staff, or any combination of the board or staff, from being held by
50-15 telephone conference call.
50-16 (b) A telephone conference call meeting is subject to the
50-17 notice requirements applicable to other meetings.
50-18 (c) Notice of a telephone conference call meeting that by
50-19 law must be open to the public must specify the location of the
50-20 meeting. The location must be a conference room of the authority
50-21 or other facility in a county of the authority that is accessible
50-22 to the public.
50-23 (d) Each part of the telephone conference call meeting that
50-24 by law must be open to the public shall be audible to the public at
50-25 the location specified in the notice and shall be tape-recorded or
50-26 documented by written minutes. On conclusion of the meeting, the
50-27 tape recording or the written minutes of the meeting shall be made
50-28 available to the public.
50-29 (Sections 366.263-366.300 reserved for expansion
50-30 SUBCHAPTER G. AID FOR REGIONAL TURNPIKE PROJECTS
50-31 Sec. 366.301. DEPARTMENT CONTRIBUTIONS TO TURNPIKE PROJECTS.
50-32 (a) To the extent permitted by the Texas Constitution, the
50-33 department may agree with an authority to provide for or contribute
50-34 to the payment of costs of financial or engineering and traffic
50-35 feasibility studies and the design, financing, acquisition,
50-36 construction, operation, or maintenance of a turnpike project or
50-37 system on terms agreed on by the commission or department, as
50-38 applicable, and the authority. The agreement may not be
50-39 inconsistent with the rights of the bondholders or persons
50-40 operating the turnpike project under a lease or other contract.
50-41 (b) The department may use its engineering and other
50-42 personnel, including consulting engineers and traffic engineers, to
50-43 conduct feasibility studies under Subsection (a).
50-44 (c) An obligation or expense incurred by the commission or
50-45 department under this section is a part of the cost of the turnpike
50-46 project for which the obligation or expense was incurred. Money
50-47 from the state highway fund spent under this section must be repaid
50-48 from tolls or other revenue of the turnpike project or system on
50-49 which the money from the state highway fund was expended.
50-50 (d) The commission or department may use federal money for
50-51 any purpose described by this chapter.
50-52 Sec. 366.302. AGREEMENTS TO CONSTRUCT, MAINTAIN, AND OPERATE
50-53 TURNPIKE PROJECTS. (a) An authority may enter into an agreement
50-54 with a public or private entity, including a toll road corporation,
50-55 the United States, a state of the United States, the United Mexican
50-56 States, a state of the United Mexican States, a local governmental
50-57 entity, or another political subdivision, to permit the entity,
50-58 jointly with the authority, to study the feasibility of a turnpike
50-59 project or system or to acquire, design, finance, construct,
50-60 maintain, repair, operate, extend, or expand a turnpike project or
50-61 system.
50-62 (b) An authority has broad discretion to negotiate
50-63 provisions in a development agreement with a private entity. The
50-64 provisions may include provisions relating to:
50-65 (1) the design, financing, construction, maintenance,
50-66 and operation of a turnpike project or system in accordance with
50-67 standards adopted by the authority; and
50-68 (2) professional and consulting services to be
50-69 rendered under standards adopted by the authority in connection
51-1 with a turnpike project or system.
51-2 (c) An authority may not incur a financial obligation on
51-3 behalf of, or otherwise guarantee the obligations of, a private
51-4 entity that constructs, maintains, or operates a turnpike project
51-5 or system.
51-6 (d) An authority or a county in an authority is not liable
51-7 for any financial or other obligation of a turnpike project solely
51-8 because a private entity constructs, finances, or operates any part
51-9 of a turnpike project or system.
51-10 (e) An authority may authorize the investment of public and
51-11 private money, including debt and equity participation, to finance
51-12 a function described by this section.
51-13 Sec. 366.303. AGREEMENTS BETWEEN AUTHORITY AND LOCAL
51-14 GOVERNMENTAL ENTITIES. (a) A local governmental entity other than
51-15 a nonprofit corporation may, consistent with the Texas
51-16 Constitution, issue bonds or enter into and make payments under
51-17 agreements with an authority to acquire, construct, maintain, or
51-18 operate a turnpike project or system. The entity may levy and
51-19 collect taxes to pay the interest on the bonds and to provide a
51-20 sinking fund for the redemption of the bonds.
51-21 (b) In addition to the powers provided by Subsection (a), a
51-22 local governmental entity may, within any applicable constitutional
51-23 limitations, agree with an authority to issue bonds or enter into
51-24 and make payments under an agreement to acquire, construct,
51-25 maintain, or operate any portion of a turnpike project or system of
51-26 that authority.
51-27 (c) To make payments under an agreement under Subsection
51-28 (b), to pay the interest on bonds issued under Subsection (b), or
51-29 to provide a sinking fund for the bonds or the contract, a local
51-30 governmental entity may:
51-31 (1) pledge revenue from any available source,
51-32 including annual appropriations;
51-33 (2) levy and collect taxes; or
51-34 (3) provide for a combination of Subdivisions (1) and
51-35 (2).
51-36 (d) The term of an agreement under this section may not
51-37 exceed 40 years.
51-38 (e) Any election required to permit action under this
51-39 subchapter must be held in conformity with Chapter 1, Title 22,
51-40 Revised Statutes, or other law applicable to the local governmental
51-41 entity.
51-42 Sec. 366.304. ADDITIONAL AGREEMENTS OF AUTHORITY. An
51-43 authority may enter into any agreement necessary or convenient to
51-44 achieve the purposes of this subchapter.
51-45 SECTION 7.24. Subchapter F, Chapter 411, Government Code, is
51-46 amended by adding Section 411.132 to read as follows:
51-47 Sec. 411.132. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
51-48 REGIONAL TOLLWAY AUTHORITIES. (a) A regional tollway authority
51-49 governed by Chapter 366, Transportation Code, is entitled to obtain
51-50 from the department criminal history record information maintained
51-51 by the department that pertains to a person who is:
51-52 (1) employed by the regional tollway authority; or
51-53 (2) an applicant for employment with the regional
51-54 tollway authority.
51-55 (b) Criminal history record information obtained under
51-56 Subsection (a) may not be released or disclosed to any person
51-57 except in a criminal proceeding, in a hearing conducted by the
51-58 regional tollway authority, on court order, or with the consent of
51-59 the person who is the subject of the criminal history record
51-60 information.
51-61 SECTION 7.25. (a) Notwithstanding Section 366.031,
51-62 Transportation Code, as added by this Act, the North Texas Tollway
51-63 Authority is established as a regional tollway authority under
51-64 Chapter 366, Transportation Code, as added by this Act.
51-65 (b) The North Texas Tollway Authority consists of all
51-66 territory in Collin, Dallas, Denton, and Tarrant counties. The
51-67 operations of the authority may extend to other counties as
51-68 permitted under Section 366.161, Transportation Code, as added by
51-69 this Act, and the jurisdiction of the authority may be expanded to
52-1 include other counties under Section 366.031, Transportation Code,
52-2 as added by this Act. As of the effective date of this Act, Cooke,
52-3 Ellis, Fannin, Grayson, Hunt, Johnson, Kaufman, Parker, Rockwall,
52-4 and Wise counties are the only counties that meet the geographical
52-5 qualifications for future inclusion in the North Texas Tollway
52-6 Authority.
52-7 (c) Notwithstanding Section 366.251, Transportation Code, as
52-8 added by this Act, the initial board of directors of the North
52-9 Texas Tollway Authority is composed of nine directors as follows:
52-10 (1) three directors appointed by the governor;
52-11 (2) one director appointed by the commissioners court
52-12 of each county in the authority; and
52-13 (3) the county judges of two of the counties of the
52-14 authority, as agreed by a majority of the county judges of the
52-15 authority.
52-16 (d) The terms of the initial directors of the North Texas
52-17 Tollway Authority begin on September 1, 1997. The county judges
52-18 serving as initial directors shall each serve a one-year term. At
52-19 the expiration of that term, the seats held by the county judges
52-20 are not refilled, and the number of directors composing the board
52-21 is reduced to seven but may be increased if additional counties
52-22 join the authority.
52-23 (e) One of the directors of the North Texas Tollway
52-24 Authority appointed to the initial board by the governor serves a
52-25 one-year term. Each successor to that director shall be appointed
52-26 by the governor for a two-year term.
52-27 (f) The two directors appointed to the initial board of the
52-28 North Texas Tollway Authority by the commissioners courts of the
52-29 counties whose county judges serve as initial directors each serve
52-30 a one-year term. Each successor to those directors shall be
52-31 appointed for a two-year term. The remaining initial directors
52-32 serve two-year terms.
52-33 SECTION 7.26. Sections 361.003, 361.038, 361.039, 361.040,
52-34 361.041, 361.044, 361.045, 361.047, 361.048, 361.139, 361.190, and
52-35 361.284, and Subsection (e), Section 361.331, Transportation Code,
52-36 are repealed.
52-37 ARTICLE 8. TRANSITION, EFFECTIVE DATE, AND EMERGENCY
52-38 SECTION 8.01. (a) The Texas Turnpike Authority is abolished
52-39 and the Texas Turnpike Authority division of the Texas Department
52-40 of Transportation is created on the effective date of this Act.
52-41 Except as provided by Subsections (b) and (c) of this section, all
52-42 assets, rights, and obligations of the Texas Turnpike Authority are
52-43 transferred to the division.
52-44 (b) The North Texas Tollway Authority shall succeed to all
52-45 assets, rights, and other property of the Texas Turnpike Authority
52-46 located in Collin, Dallas, Denton, or Tarrant County, including all
52-47 assets and rights that relate to the Dallas North Tollway, the
52-48 Addison Airport Toll Tunnel, the President George Bush Turnpike,
52-49 the Mountain Creek Lake Bridge, all existing and proposed
52-50 extensions to those projects, the Texas Turnpike Authority
52-51 administration building, and all other facilities, improvements,
52-52 leaseholds, funds, accounts, and investments related to a project
52-53 listed in this subsection.
52-54 (c) The North Texas Tollway Authority shall assume and
52-55 become liable for all duties and obligations of the Texas Turnpike
52-56 Authority related to the assets, rights, and properties transferred
52-57 under Subsection (b) of this section, including contracts and bonds
52-58 secured by the revenues of the assets. The North Texas Tollway
52-59 Authority is obligated to comply with all the assumed obligations
52-60 to the same extent as the Texas Turnpike Authority.
52-61 (d) An employee of the Texas Turnpike Authority may elect to
52-62 become an employee of either the Texas Turnpike Authority division
52-63 of the Texas Department of Transportation or the North Texas
52-64 Tollway Authority on the effective date of this Act, subject to the
52-65 employment openings and requirements of those entities.
52-66 (e) A rule or regulation adopted by the Texas Turnpike
52-67 Authority relating to the operation of a turnpike in Collin,
52-68 Dallas, Denton, or Tarrant County before the effective date of this
52-69 Act that is not inconsistent with this Act remains in effect as a
53-1 rule or regulation of the North Texas Tollway Authority until
53-2 superseded by action of that entity.
53-3 SECTION 8.02. As additional consideration for the transfer
53-4 of the properties described in Subsection (b) of Section 8.01 of
53-5 this Act, the North Texas Tollway Authority shall pay to the Texas
53-6 Department of Transportation an amount to be agreed on by the
53-7 authority and the department not later than October 1, 1997. In
53-8 determining the amount, the authority and the department shall
53-9 ensure that following the payment, the authority is in compliance
53-10 with all bond resolutions, bond indentures, credit agreements, and
53-11 all other agreements assumed by the authority and that reserves
53-12 held by the authority as required under or in connection with the
53-13 resolutions, indentures, credit agreements, and other agreements
53-14 shall be maintained at a level consistent with the Texas Turnpike
53-15 Authority's historical practices.
53-16 SECTION 8.03. The North Texas Tollway Authority is a
53-17 successor agency to the Texas Turnpike Authority for all purposes,
53-18 including for the purpose of Section 52-b, Article III, Texas
53-19 Constitution, concerning all assets, rights, other property,
53-20 duties, and obligations transferred to the authority under
53-21 Subsection (b) of Section 8.01 of this Act. The Texas Department
53-22 of Transportation is a successor to the Texas Turnpike Authority
53-23 for all purposes concerning assets, rights, other property, duties,
53-24 and obligations not transferred to the North Texas Tollway
53-25 Authority under Subsection (b) of Section 8.01 of this Act. Any
53-26 existing agreement by and between the Texas Turnpike Authority and
53-27 the state, the Texas Transportation Commission, the Texas
53-28 Department of Transportation, the Federal Highway Administration,
53-29 the United States Department of Transportation, any other federal
53-30 or state governmental entity, or any local governmental entity that
53-31 pertains to an asset, right, or obligation transferred to the North
53-32 Texas Tollway Authority under this Act is binding on, benefits, and
53-33 is fully enforceable by and against the North Texas Tollway
53-34 Authority as successor to the Texas Turnpike Authority.
53-35 SECTION 8.04. The changes in law made by this Act in the
53-36 qualifications of members of the Texas Transportation Commission or
53-37 the Texas Motor Vehicle Commission do not affect the entitlement of
53-38 a member serving on one of those commissions before September 1,
53-39 1997, to continue to carry out the functions of the commission for
53-40 the remainder of the member's term. The changes in law apply only
53-41 to a member appointed on or after September 1, 1997. This Act does
53-42 not prohibit a person who is a member of the Texas Transportation
53-43 Commission on September 1, 1997, from being reappointed to that
53-44 commission if the person has the qualifications required for a
53-45 member under Chapter 201, Transportation Code, as amended by this
53-46 Act. This Act does not prohibit a person who is a member of the
53-47 Texas Motor Vehicle Commission on September 1, 1997, from being
53-48 reappointed to that commission if the person has the qualifications
53-49 required for a member under the Texas Motor Vehicle Commission Code
53-50 (Article 4413(36), Vernon's Texas Civil Statutes), as amended by
53-51 this Act.
53-52 SECTION 8.05. (a) The governor shall appoint the six
53-53 directors to the board of directors of the Texas Turnpike Authority
53-54 division of the Texas Department of Transportation for initial
53-55 terms as follows: two to serve terms expiring February 15, 1999,
53-56 two to serve terms expiring February 15, 2001, and two to serve
53-57 terms expiring February 15, 2003.
53-58 (b) Until a majority of the board of directors of the Texas
53-59 Turnpike Authority division of the Texas Department of
53-60 Transportation has been appointed and has qualified, the members of
53-61 the board of directors of the Texas Turnpike Authority serving
53-62 immediately before the effective date of this section shall
53-63 exercise the authority granted to the board of directors of the
53-64 Texas Turnpike Authority division of the Texas Department of
53-65 Transportation. When a majority of the members of the board of
53-66 directors of the Texas Turnpike Authority division of the Texas
53-67 Department of Transportation has been appointed and has qualified
53-68 and until all appointees have taken office, a quorum of the board
53-69 is a majority of the number of directors who have qualified.
54-1 SECTION 8.06. This Act takes effect September 1, 1997.
54-2 SECTION 8.07. The importance of this legislation and the
54-3 crowded condition of the calendars in both houses create an
54-4 emergency and an imperative public necessity that the
54-5 constitutional rule requiring bills to be read on three several
54-6 days in each house be suspended, and this rule is hereby suspended.
54-7 * * * * *