By Bosse                                              H.B. No. 3259
         76R9375 T                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of the Texas Turnpike Authority Division
 1-3     of the Texas Department of Transportation to manage its affairs,
 1-4     clarify certain statutory provisions, and eliminate inconsistencies
 1-5     within the affected provisions.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1.  Subsection (4), Section 361.001, Transportation
 1-8     Code, is amended to read as follows:
 1-9                 (4)  "Turnpike project" means a [toll] highway
1-10     constructed, maintained, or operated under this chapter as part of
1-11     the state highway system and any improvements, extension, or
1-12     expansion to the highway and includes:
1-13                       (A)  a facility to relieve traffic congestion and
1-14     promote safety;
1-15                       (B)  a bridge, tunnel, overpass, underpass,
1-16     interchange, entrance plaza, approach, toll house, service road,
1-17     ramp, or service station;
1-18                       (C)  an administration, storage, or other
1-19     building the authority considers necessary to operate the project;
1-20     [and]
1-21                       (D)  property rights, easements, and interests
1-22     the authority acquires to construct or operate the project; and
1-23                       (E)  a parking area or structure, rest stop,
1-24     park, and other improvement or amenity the authority considers
 2-1     necessary, useful, or beneficial for the operation of a turnpike
 2-2     project.
 2-3                 (5)  "Regional tollway authority" means a regional
 2-4     tollway authority created under Chapter 366.
 2-5           SECTION 2.  Section 361.004, Transportation Code, is amended
 2-6     to read as follows:
 2-7           The cost of acquisition, construction, improvement,
 2-8     extension, or expansion of a turnpike project under this chapter
 2-9     includes the cost of:
2-10                 (1)  the actual acquisition, construction, improvement,
2-11     extension, or expansion of the project;
2-12                 (2)  acquisition of real property, rights-of-way,
2-13     property rights, easements, and interests;
2-14                 (3)  machinery and equipment;
2-15                 (4)  interest before, during, and for one year after
2-16     construction, improvement, extension, or expansion;
2-17                 (5)  traffic estimates, engineering and legal services,
2-18     plans, specifications, surveys, appraisals, cost and revenue
2-19     estimates, and other expenses necessary or incident to determining
2-20     the feasibility of the construction, improvement, extension, or
2-21     expansion;
2-22                 (6)  necessary or incidental administrative, legal and
2-23     other expenses;
2-24                 (7)  financing; and
2-25                 (8)  placement of the project in operation and expenses
2-26     related to the initial operation of the turnpike project.
2-27           (b)  Costs attributable to a turnpike project incurred before
 3-1     the issuance of bonds may be reimbursed from the proceeds of sale
 3-2     of the bonds.
 3-3           SECTION 3.  Section 361.031, Transportation Code, is amended
 3-4     by deleting subsection (c) and amending subsections (b), (d), (e),
 3-5     (f), and (g) to read as follows:
 3-6           (b)  The authority may perform, procure from other divisions
 3-7     of the department with the consent of the department, or procure
 3-8     from outside service providers any portion of the services the
 3-9     authority requires for:
3-10                 (1)  right-of-way acquisitions;
3-11                 (2)  roadway finance, design, and construction.
3-12                 (3)  environmental affairs; [or]
3-13                 (4)  legal services;
3-14                 (5)  roadway maintenance;
3-15                 (6)  toll revenue collection; or
3-16                 (7)  traffic operations.
3-17           [(c)  With the approval of the commission, the authority may
3-18     perform, procure from other divisions of the department with the
3-19     consent of the department, or procure from outside service
3-20     providers any portion of the services the authority requires for
3-21     roadway maintenance, toll revenue collection, or traffic
3-22     operations.]
3-23           [(d)] (c)  to perform its functions under this chapter, the
3-24     authority may use the facilities and personnel of the department in
3-25     the same manner as other divisions of the department.
3-26           [(e)] (d)  If the comptroller assigns numbers to state
3-27     agencies for accounting purposes, the comptroller shall assign a
 4-1     separate agency number to the authority.
 4-2           [(f)] (e)  the exercise by the authority of the powers
 4-3     conferred by this chapter in the construction, operation, and
 4-4     maintenance of a turnpike project is:
 4-5                 (1)  in all respects for the benefit of the people of
 4-6     this state, for the increase of their commerce and prosperity, and
 4-7     for the improvement of their health and living conditions and
 4-8     public safety; and
 4-9                 (2)  an essential governmental function of the state.
4-10           [(g)] (f)  The commission shall employ a director of the
4-11     authority who serves as the authority's chief administrative
4-12     officer.  The director serves at the pleasure of the commission.
4-13           SECTION 4.  Subsection (b) of Section 361.042, Transportation
4-14     Code, is amended to read as follows:
4-15           (b)  The authority may:
4-16                 (1)  construct, maintain, repair, and operate turnpike
4-17     projects in this state;
4-18                 (2)  acquire, hold, and dispose of property in the
4-19     exercise of its powers and the performance of its duties under this
4-20     chapter;
4-21                 (3)  with the approval of the governor and the
4-22     commission, enter into contracts or operating agreements with
4-23     similar authorities or agencies of another state, including a state
4-24     of the United Mexican States;
4-25                 (4)  enter into contracts or agreements necessary or
4-26     incidental to its duties and powers under this chapter;
4-27                 (5)  employ consulting engineers, accountants,
 5-1     construction and financial experts, superintendents, managers, and
 5-2     other employees and agents the authority considers necessary and
 5-3     set their compensation;
 5-4                 (6)  employ attorneys to advance or defend legal
 5-5     actions pertaining to the division's activities, notwithstanding
 5-6     any other law to the contrary, including Section 402.0212,
 5-7     Government Code.
 5-8                 (7)  receive grants for the construction of a turnpike
 5-9     project and receive contributions of money, property, labor, or
5-10     other things of value from any source to be used for the purposes
5-11     for which the grants or contributions are made;
5-12                 (8)  adopt and enforce rules[, if the commission
5-13     concurs,] not inconsistent with this chapter for the use of any
5-14     turnpike project, including without limitation rules establishing
5-15     speed limits and maximum allowed vehicle and load weight limits for
5-16     turnpike projects; [and]
5-17                 (9)  engage in marketing, advertising and other
5-18     activities to promote the development and use of turnpike projects,
5-19     and may enter into contracts or agreements necessary to procure
5-20     marketing, advertising or other promotional services from outside
5-21     service providers; and
5-22                 (10)  form, develop and utilize Chapter 431
5-23     Corporations for the promotion and development of turnpike
5-24     projects; and
5-25                 [(9)] (11)  do all things necessary or appropriate to
5-26     carry out the powers expressly granted by this chapter.
5-27           SECTION 5.  Section 361.131, Transportation Code, is amended
 6-1     to read as follows:
 6-2           Except as otherwise provided by this chapter, the authority,
 6-3     acting by and through the board, has the same powers and may use
 6-4     the same procedures as the commission or the department in
 6-5     acquiring property.
 6-6           SECTION 6.  Subsections (a) and (c) of Section 361.132,
 6-7     Transportation Code, as amended to read as follows:
 6-8           (a)  The [board] authority may acquire, in the name of the
 6-9     state, public or private real property it determines necessary or
6-10     convenient for the construction, expansion, enlargement, extension,
6-11     improvement, or operation of a turnpike project or for otherwise
6-12     carrying out this chapter.
6-13           (c)  The [board] authority may acquire the real property by
6-14     any method, including purchase and condemnation.  The [board]
6-15     authority may purchase public or private real property on the terms
6-16     and at the price the [board] authority and the owner consider
6-17     reasonable.
6-18           SECTION 7.  Subsection (b) of Section 361.135, Transportation
6-19     Code, is amended to read as follows:
6-20           (b)  The board with the concurrence of the commission, may
6-21     condemn real property that the authority determines is:
6-22                 (1)  necessary or appropriate to construct or to
6-23     efficiently operate a turnpike project;
6-24                 (2)  necessary to restore public or private property
6-25     damaged or destroyed[;], including property necessary or convenient
6-26     to mitigate an environmental effect that directly results from the
6-27     construction, operation or maintenance of a turnpike project;
 7-1                 (3)  necessary for access, approach, service, and
 7-2     interchange roads; [or]
 7-3                 (4)  necessary to provide proper drainage and ground
 7-4     slope for a turnpike project; or
 7-5                 [(4)] (5)  necessary otherwise to carry out this
 7-6     chapter.
 7-7           SECTION 8.  Section 361.137, Transportation Code, is amended
 7-8     by adding subsection (f) to read as follows:
 7-9           (f)  After a declaration of taking is filed with the
7-10     petition, the case shall proceed as any other case in eminent
7-11     domain according to Chapter 21, Property Code.
7-12           SECTION 9.  Subsection (a) of Section 361.141, Transportation
7-13     Code, is amended to read as follows:
7-14           (a)  The authority may not pay compensation for public real
7-15     property, parkways, streets, highways, alleys or reservations it
7-16     takes, except for:
7-17                 (1)  parks and playgrounds; and
7-18                 (2)  property acquired under restrictions and
7-19     limitations requiring payment of compensation.
7-20           SECTION 10.  Section 361.171, Transportation Code, is amended
7-21     by adding the following subsection (g):
7-22           (g)  In addition to other permitted uses, the proceeds of a
7-23     bond issue may be used to pay costs incurred prior to the issuance
7-24     of the bonds, including costs of environmental review, design,
7-25     planning, acquisition of property, relocation assistance,
7-26     construction, and operation.
7-27           SECTION 11.  Subsection (a), Section 361.179, Transportation
 8-1     Code, is amended to read as follows:
 8-2           (a)  The authority may:
 8-3                 (1)  impose tolls for the use of each turnpike project
 8-4     and the different parts or sections of each turnpike project; and
 8-5                 (2)  Notwithstanding anything to the contrary contained
 8-6     in Ch. 202 of the Transportation Code, contract with a person for
 8-7     the use of part of a turnpike project or lease or sell part of a
 8-8     turnpike project, including the right-of-way adjoining the paved
 8-9     portion, for any purpose, including placing on the adjoining
8-10     right-of-way a gas station, garage, store, hotel, restaurant,
8-11     railroad tracks, telephone line, telecommunication line,
8-12     telecommunications facilities and equipment, and electric line, and
8-13     set the terms for the use, lease, or sale.
8-14           SECTION 12.  Subsection (a), Section 361.181, Transportation
8-15     Code, is amended to read as follows:
8-16           (a)  Notwithstanding Section 361.179 or any other provision
8-17     of this chapter, the authority may pay the expenses of studying the
8-18     cost and feasibility and any other expenses relating to the
8-19     preparation and issuance of turnpike revenue bonds for the
8-20     construction of a proposed turnpike project by:
8-21                 (1)  using available revenue derived from an existing
8-22     turnpike project;
8-23                 (2)  borrowing money and issuing interest-bearing
8-24     evidences of indebtedness or entering into a loan agreement payable
8-25     out of available revenue anticipated to be derived from the
8-26     operation of an existing turnpike project; [and]
8-27                 (3)  pledging available revenue anticipated to be
 9-1     derived from the operation of an existing turnpike project; and
 9-2                 (4)  using funds provided by the department for
 9-3     feasibility studies undertaken at the request of the commission.
 9-4           SECTION 13.  Section 361.182, Transportation Code, is amended
 9-5     by adding subsection (g) to read as follows:
 9-6           (g)  the commission may request that the authority conduct a
 9-7     feasibility study for any proposed turnpike project.  The expenses
 9-8     of any study requested by the commission shall be paid for by the
 9-9     department.  If the turnpike project is constructed, the department
9-10     shall be reimbursed for funds paid to the authority from the
9-11     proceeds of turnpike revenue bonds issued for, or other proceeds
9-12     that may be used for, the construction, improvement, extension,
9-13     expansion, or operation of the project.
9-14           SECTION 14.  Subsection (c), Section 361.232, Transportation
9-15     Code, is amended to read as follows:
9-16           (c)  If feasible, the authority shall [move and replace, with
9-17     an equal or better facility,] provide access to properties
9-18     previously abutting a county or other public road that is taken for
9-19     a turnpike project [affects or severs.  The authority] and shall
9-20     pay abutting property owners the expenses or [and] any resulting
9-21     damages for denial of access to the road.
9-22           SECTION 15.  Subsections (d), (e), (f), and (g) of Section
9-23     361.234, Transportation Code, are amended to read as follows:
9-24           (d)  The authority may reduce the total costs to be paid by
9-25     the authority under Subsection (b) by 10 percent for each 30-day
9-26     period or portion of a 30-day period by which the relocation
9-27     exceeds the limit specified by the authority.  If an owner or
 10-1    operator of a public utility facility does not timely remove or
 10-2    relocate as required under Subsection (b), the authority may do so
 10-3    at the expense of the public utility.  If the authority determines
 10-4    that a delay in relocation is the result of circumstances beyond
 10-5    the control of the utility, all reasonable costs shall be paid by
 10-6    the authority.
 10-7          [(d)] (e)  Notwithstanding anything in this chapter to the
 10-8    contrary, Chapter 228, Acts of the 51st Legislature, Regular
 10-9    Session, 1949 (Article 1436a, Vernon's Texas Civil Statutes),
10-10    applies to the erection, construction, maintenance, and operation
10-11    of lines and poles owned by a corporation described by Section 1 of
10-12    that Act over, under, across, on, and along a turnpike project
10-13    constructed by the authority.  The authority has the powers and
10-14    duties delegated to the commission by Chapter 228, Acts of the 51st
10-15    Legislature, Regular Session, 1949 (Article 1436a, Vernon's Texas
10-16    Civil Statutes).
10-17          [(e)] (f)  Notwithstanding anything in this chapter to the
10-18    contrary, the laws of this state applicable to the use of public
10-19    roads, streets, and waters of this state by a telephone and
10-20    telegraph corporation apply to the erection, construction,
10-21    maintenance, location, and operation of a line, pole, or other
10-22    fixture by a telephone and telegraph corporation over, under,
10-23    across, on, and along a turnpike project constructed by the
10-24    authority.
10-25          [(f)] (g)  In this section, "public utility facility" means a
10-26    track, pipe, main, conduit, cable, wire, tower, pole, or other item
10-27    of equipment or an appliance of a public utility or other person.
 11-1          SECTION 16.  Subsection (a) of Section 361.306,
 11-2    Transportation Code, is amended to read as follows:
 11-3          (a)  The authority shall adopt rules, procedures, and
 11-4    guidelines governing negotiations to promote fairness, obtain
 11-5    private participants in turnpike projects, and promote confidence
 11-6    among those participants.  The rules must contain criteria relating
 11-7    to the qualifications of the participants and the award of the
 11-8    contracts, and may authorize the authority to assess a fee for
 11-9    reviewing proposals for private involvement in turnpike projects.
11-10          SECTION 17.  Section 545.354, Transportation Code, is amended
11-11    by deleting subsection (e) and redesignating former subsections (f)
11-12    and (g) so as to read as follows:
11-13          [(e)  Sections 545.353 and 545.355 to 545.359 do not apply to
11-14    any part of a turnpike project constructed and maintained by the
11-15    authority and covered under Subsection (d) unless a turnpike
11-16    constructed by the authority becomes part of the state highway
11-17    system, in which event the Texas Transportation Commission has the
11-18    sole authority to alter prima facie speed limits on the turnpike
11-19    project.]
11-20          (e) [(f)]  The authority may not:
11-21                (1)  alter the general rule established by Section
11-22    545.351(a); or
11-23                (2)  establish a speed limit of more than 70 miles per
11-24    hour.
11-25          (f) [(g)]  The authority, in conducting the engineering and
11-26    traffic investigation specified by Subsection (a), shall follow the
11-27    procedure for establishing speed zones adopted by the Texas
 12-1    Department of Transportation.
 12-2          SECTION 18.  Section 621.102, Transportation Code, is amended
 12-3    by amending subsection (a) and adding subsection (h) so as to read
 12-4    as follows:
 12-5          (a)  Except as set forth in subsection (h), [The] the
 12-6    commission may set the maximum gross weight of a vehicle and its
 12-7    load, maximum gross weight of a combination of vehicles and loads,
 12-8    maximum axle load, or maximum wheel load that may be moved over a
 12-9    state highway or a farm or ranch road if the commission finds that
12-10    heavier maximum weight would rapidly deteriorate or destroy the
12-11    road or a bridge or culvert along the road.  A maximum weight or
12-12    load set under this subsection may not exceed the maximum set by
12-13    statute for that weight or load.
12-14          (h)  The Texas Turnpike Authority shall have the authority to
12-15    set the maximum gross weight of a vehicle and its load, the maximum
12-16    gross weight of vehicles and loads, maximum axle load, or maximum
12-17    wheel load that may be moved over a turnpike project as defined in
12-18    Transportation Code, Sec. 361.001.  The Texas Turnpike Authority
12-19    shall be subject to the same restrictions and shall follow the same
12-20    procedures as are set forth in this section as being applicable to
12-21    the commission.
12-22          SECTION 19.  This Act takes effect September 1, 1999.
12-23          SECTION 20.  The importance of this legislation and the
12-24    crowded condition of the calendars in both houses creates an
12-25    emergency and an imperative public necessity that the
12-26    constitutional rule requiring bills to be read on these several
12-27    days in each house be suspended, and this rule is hereby suspended.