SRC-JBJ S.B. 242 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 242
76R3457 DRH-DBy: Ellis
State Affairs
3/23/1999
As Filed


DIGEST 

Currently, the Texas Department of Transportation (TxDOT) leases some state
land to businesses for limited use.  The 75th Legislature passed certain
guidelines in S.B. 370 for leasing state land.  The law authorized TxDOT to
contract, via competitive bidding, with telecommunications providers.  The
lease provided highway facilities for commercial purposes, and required
revenues from the leases to be deposited into the State Highway Fund.  The
law, however, limited leasing to facilities that would not be needed for a
highway purpose during the entire term of the lease, although TxDOT
previously had leased light towers.  Therefore, the guidelines prevented
TxDOT from using its leasing authority to the fullest extent capable.  S.B.
242 would require TxDOT to adopt rules for leasing rights-of-way, including
highway medians and light towers for telecommunications purposes. 

PURPOSE

As proposed, S.B. 242 requires the Texas Department of Transportation to
adopt rules for leasing rightsof-way for telecommunications purposes. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Department of Transportation
in SECTION 1 (a) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Requires the Texas Department of Transportation (TxDOT) to
adopt rules for leasing rights-of-way, including highway medians and light
towers for telecommunications purposes, by September 1, 1999.  Authorizes
TxDOT to create a rules advisory committee that includes representatives
from the telecommunications industry to assist TxDOT in drafting the rules.

SECTION 2.  Emergency clause.
  Effective date:  upon passage.