By:  Cain                                             S.B. No. 1647
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the authority of the Texas Turnpike Authority division
 1-2     of the Texas Department of Transportation to manage its affairs, to
 1-3     the clarification of certain statutory provisions, and to the
 1-4     elimination of inconsistencies within the affected provisions.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subdivision (4), Section 361.001, Transportation
 1-7     Code, is amended to read as follows:
 1-8                 (4)  "Turnpike project" means a [toll] highway
 1-9     constructed, maintained, or operated under this chapter as part of
1-10     the state highway system and any improvement, extension, or
1-11     expansion to the highway and includes:
1-12                       (A)  a facility to relieve traffic congestion and
1-13     promote safety;
1-14                       (B)  a bridge, tunnel, overpass, underpass,
1-15     interchange, entrance plaza, approach, toll house, service road,
1-16     ramp, or service station;
1-17                       (C)  an administration, storage, or other
1-18     building the authority considers necessary to operate the project;
1-19     [and]
1-20                       (D)  property rights, easements, and interests
1-21     the authority acquires to construct or operate the project; and
1-22                       (E)  a parking area or structure, rest stop,
1-23     park, and any other improvement or amenity the authority considers
1-24     necessary, useful, or beneficial for the operation of a turnpike
 2-1     project.
 2-2           SECTION 2.  Section 361.004, Transportation Code, is amended
 2-3     to read as follows:
 2-4           Sec. 361.004.  CONSTRUCTION COSTS.  (a)  The cost of
 2-5     acquisition, construction, improvement, extension, or expansion of
 2-6     a turnpike project under this chapter includes the cost of:
 2-7                 (1)  the actual acquisition, construction, improvement,
 2-8     extension, or expansion of the project;
 2-9                 (2)  acquisition of real property, rights-of-way,
2-10     property rights, easements, and interests;
2-11                 (3)  machinery and equipment;
2-12                 (4)  interest before, during, and for one year after
2-13     construction, improvement, extension, or expansion;
2-14                 (5)  traffic estimates, engineering and legal services,
2-15     plans, specifications, surveys, appraisals, cost and revenue
2-16     estimates, and other expenses necessary or incident to determining
2-17     the feasibility of the construction, improvement, extension, or
2-18     expansion;
2-19                 (6)  necessary or incidental administrative, legal, and
2-20     other expenses;
2-21                 (7)  financing; and
2-22                 (8)  placement of the project in operation and expenses
2-23     related to the initial operation of the turnpike project.
2-24           (b)  Costs attributable to a turnpike project incurred before
2-25     the issuance of bonds may be reimbursed from the proceeds of the
2-26     sale of the bonds.
 3-1           SECTION 3.  Subsections (b) through (g), Section 361.031,
 3-2     Transportation Code, are amended to read as follows:
 3-3           (b)  The authority may perform, procure from other divisions
 3-4     of the department with the consent of the department, or procure
 3-5     from outside service providers any portion of the services the
 3-6     authority requires for:
 3-7                 (1)  right-of-way acquisitions;
 3-8                 (2)  roadway finance, design, and construction;
 3-9                 (3)  environmental affairs; [or]
3-10                 (4)  legal services;
3-11                 (5)  roadway maintenance;
3-12                 (6)  toll revenue collection; or
3-13                 (7)  traffic operations.
3-14           (c)  [With the approval of the commission, the authority may
3-15     perform, procure from other divisions of the department with the
3-16     consent of the department, or procure from outside service
3-17     providers any portion of the services the authority requires for
3-18     roadway maintenance, toll revenue collection, or traffic
3-19     operations.]
3-20           [(d)]  To perform its functions under this chapter, the
3-21     authority may use the facilities and personnel of the department in
3-22     the same manner as other divisions of the department.
3-23           (d) [(e)]  If the comptroller assigns numbers to state
3-24     agencies for accounting purposes, the comptroller shall assign a
3-25     separate agency number to the authority.
3-26           (e) [(f)]  The exercise by the authority of the powers
 4-1     conferred by this chapter in the construction, operation, and
 4-2     maintenance of a turnpike project is:
 4-3                 (1)  in all respects for the benefit of the people of
 4-4     this state, for the increase of their commerce and prosperity, and
 4-5     for the improvement of their health and living conditions and
 4-6     public safety; and
 4-7                 (2)  an essential governmental function of the state.
 4-8           (f) [(g)]    The commission shall employ a director of the
 4-9     authority who serves as the authority's chief administrative
4-10     officer.  The director serves at the pleasure of the commission.
4-11           SECTION 4.  Subsection (b), Section 361.042, Transportation
4-12     Code, is amended to read as follows:
4-13           (b)  The authority may:
4-14                 (1)  construct, maintain, repair, and operate turnpike
4-15     projects in this state;
4-16                 (2)  acquire, hold, and dispose of property in the
4-17     exercise of its powers and the performance of its duties under this
4-18     chapter;
4-19                 (3)  with the approval of the governor and the
4-20     commission, enter into contracts or operating agreements with
4-21     similar authorities or agencies of another state, including a state
4-22     of the United Mexican States;
4-23                 (4)  enter into contracts or agreements necessary or
4-24     incidental to its duties and powers under this chapter;
4-25                 (5)  employ consulting engineers, accountants,
4-26     construction and financial experts, superintendents, managers, and
 5-1     other employees and agents the authority considers necessary and
 5-2     set their compensation;
 5-3                 (6)  employ attorneys to advance or defend legal
 5-4     actions pertaining to the division's activities, notwithstanding
 5-5     any other law to the contrary, including Section 402.0212,
 5-6     Government Code;
 5-7                 (7)  receive grants for the construction of a turnpike
 5-8     project and receive contributions of money, property, labor, or
 5-9     other things of value from any source to be used for the purposes
5-10     for which the grants or contributions are made;
5-11                 (8)  adopt and enforce rules[, if the commission
5-12     concurs,] not inconsistent with this chapter for the use of any
5-13     turnpike project, including without limitation rules establishing
5-14     speed limits and maximum allowable vehicle and load weight limits
5-15     for turnpike projects; [and]
5-16                 (9)  engage in marketing, advertising, and other
5-17     activities to promote the development and use of turnpike projects
5-18     and may enter into contracts or agreements necessary to procure
5-19     marketing, advertising, or other promotional services from outside
5-20     service providers;
5-21                 (10)  form, develop, and utilize Chapter 431
5-22     corporations for the promotion and development of turnpike
5-23     projects; and
5-24                 (11)  do all things necessary or appropriate to carry
5-25     out the powers expressly granted by this chapter.
5-26           SECTION 5.  Section 361.131, Transportation Code, is amended
 6-1     to read as follows:
 6-2           Sec. 361.131.  POWERS AND PROCEDURES OF AUTHORITY IN
 6-3     ACQUIRING PROPERTY.  Except as otherwise provided by this chapter,
 6-4     the authority, acting by and through the board, has the same powers
 6-5     and may use the same procedures as the commission or the department
 6-6     in acquiring property.
 6-7           SECTION 6.  Subsections (a) and (c), Section 361.132,
 6-8     Transportation Code, are amended to read as follows:
 6-9           (a)  The authority [board] may acquire, in the name of the
6-10     state, public or private real property it determines necessary or
6-11     convenient for the construction, expansion, enlargement, extension,
6-12     improvement, or operation of a turnpike project or for otherwise
6-13     carrying out this chapter.
6-14           (c)  The authority [board] may acquire the real property by
6-15     any method, including purchase and condemnation.  The authority
6-16     [board] may purchase public or private real property on the terms
6-17     and at the price the authority [board] and the owner consider
6-18     reasonable.
6-19           SECTION 7.  Subsection (b), Section 361.135, Transportation
6-20     Code, is amended to read as follows:
6-21           (b)  The board, with the concurrence of the commission, may
6-22     condemn real property that the authority determines is:
6-23                 (1)  necessary or appropriate to construct or to
6-24     efficiently operate a turnpike project;
6-25                 (2)  necessary to restore public or private property
6-26     damaged or destroyed, including property necessary or convenient to
 7-1     mitigate an environmental effect that directly results from the
 7-2     construction, operation, or maintenance of a turnpike project;
 7-3                 (3)  necessary for access, approach, service, and
 7-4     interchange roads; [or]
 7-5                 (4)  necessary to provide proper drainage and ground
 7-6     slope for a turnpike project; or
 7-7                 (5)  necessary otherwise to carry out this chapter.
 7-8           SECTION 8.  Section 361.137, Transportation Code, is amended
 7-9     by adding Subsection (f) to read as follows:
7-10           (f)  After a declaration of taking is filed with the
7-11     petition, the case shall proceed as any other case in eminent
7-12     domain according to Chapter 21, Property Code.
7-13           SECTION 9.  Subsection (a), Section 361.141, Transportation
7-14     Code, is amended to read as follows:
7-15           (a)  The authority may not pay compensation for public real
7-16     property, parkways, streets, highways, alleys, or reservations it
7-17     takes, except for:
7-18                 (1)  parks and playgrounds; and
7-19                 (2)  property acquired under restrictions and
7-20     limitations requiring payment of compensation.
7-21           SECTION 10.  Section 361.171, Transportation Code, is amended
7-22     by adding Subsection (g) to read as follows:
7-23           (g)  In addition to other permitted uses, the proceeds of a
7-24     bond issue may be used to pay costs incurred prior to the issuance
7-25     of the bonds, including costs of environmental review, design,
7-26     planning, acquisition of property, relocation assistance,
 8-1     construction, and operation.
 8-2           SECTION 11.  Subsection (a), Section 361.179, Transportation
 8-3     Code, is amended to read as follows:
 8-4           (a)  The authority may:
 8-5                 (1)  impose tolls for the use of each turnpike project
 8-6     and the different parts or sections of each turnpike project; and
 8-7                 (2)  notwithstanding anything to the contrary contained
 8-8     in Chapter 202, contract with a person for the use of part of a
 8-9     turnpike project or lease or sell part of a turnpike project,
8-10     including the right-of-way adjoining the paved portion, for any
8-11     purpose, including placing on the adjoining right-of-way a gas
8-12     station, garage, store, hotel, restaurant, railroad tracks,
8-13     telephone line, telecommunication line, telecommunications
8-14     facilities and equipment, and electric line, and set the terms for
8-15     the use, lease, or sale.
8-16           SECTION 12.  Subsection (a), Section 361.181, Transportation
8-17     Code, is amended to read as follows:
8-18           (a)  Notwithstanding Section 361.179 or any other provision
8-19     of this chapter, the authority may pay the expenses of studying the
8-20     cost and feasibility and any other expenses relating to the
8-21     preparation and issuance of turnpike revenue bonds for the
8-22     construction of a proposed turnpike project by:
8-23                 (1)  using available revenue derived from an existing
8-24     turnpike project;
8-25                 (2)  borrowing money and issuing interest-bearing
8-26     evidences of indebtedness or entering into a loan agreement payable
 9-1     out of available revenue anticipated to be derived from the
 9-2     operation of an existing turnpike project; [and]
 9-3                 (3)  pledging available revenue anticipated to be
 9-4     derived from the operation of an existing turnpike project; and
 9-5                 (4)  using funds provided by the department for
 9-6     feasibility studies undertaken at the request of the commission.
 9-7           SECTION 13.  Section 361.182, Transportation Code, is amended
 9-8     by adding Subsection (g) to read as follows:
 9-9           (g)  The commission may request that the authority conduct a
9-10     feasibility study for any proposed turnpike project.  The expenses
9-11     of any study requested by the commission shall be paid for by the
9-12     department.  If the turnpike project is constructed, the department
9-13     shall be reimbursed for funds paid to the authority from the
9-14     proceeds of turnpike revenue bonds issued for, or other proceeds
9-15     that may be used for, the construction, improvement, extension,
9-16     expansion, or operation of the project.
9-17           SECTION 14.  Subsection (c), Section 361.232, Transportation
9-18     Code, is amended to read as follows:
9-19           (c)  If feasible, the [The] authority shall provide access to
9-20     properties previously abutting [move and replace, with an equal or
9-21     better facility,] a county or other public road that is taken for a
9-22     turnpike project and [affects or severs.  The authority] shall pay
9-23     abutting property owners the expenses or [and] any resulting
9-24     damages for denial of access to the road.
9-25           SECTION 15.  Section 361.234, Transportation Code, is amended
9-26     by adding a new Subsection (d) and redesignating existing
 10-1    Subsections (d), (e), and (f) as Subsections (e), (f), and (g) to
 10-2    read as follows:
 10-3          (d)  The authority may reduce the total costs to be paid by
 10-4    the authority under Subsection (b) by 10 percent for each 30-day
 10-5    period or portion of a 30-day period by which the relocation
 10-6    exceeds the limit specified by the authority.  If an owner or
 10-7    operator of a public utility facility does not timely remove or
 10-8    relocate as required under Subsection (b), the authority may do so
 10-9    at the expense of the public utility.  If the authority determines
10-10    that a delay in relocation is the result of circumstances beyond
10-11    the control of the utility, all reasonable costs shall be paid by
10-12    the authority.
10-13          (e)  Notwithstanding anything in this chapter to the
10-14    contrary, Chapter 228, Acts of the 51st Legislature, Regular
10-15    Session, 1949 (Article 1436a, Vernon's Texas Civil Statutes),
10-16    applies to the erection, construction, maintenance, and operation
10-17    of lines and poles owned by a corporation described by Section 1 of
10-18    that Act over, under, across, on, and along a turnpike project
10-19    constructed by the authority.  The authority has the powers and
10-20    duties delegated to the commission by Chapter 228, Acts of the 51st
10-21    Legislature, Regular Session, 1949 (Article 1436a, Vernon's Texas
10-22    Civil Statutes).
10-23          (f)[(e)]  Notwithstanding anything in this chapter to the
10-24    contrary, the laws of this state applicable to the use of public
10-25    roads, streets, and waters of this state by a telephone and
10-26    telegraph corporation apply to the erection, construction,
 11-1    maintenance, location, and operation of a line, pole, or other
 11-2    fixture by a telephone and telegraph corporation over, under,
 11-3    across, on, and along a turnpike project constructed by the
 11-4    authority.
 11-5          (g)[(f)]  In this section, "public utility facility" means a
 11-6    track, pipe, main, conduit, cable, wire, tower, pole, or other item
 11-7    of equipment or an appliance of a public utility or other person.
 11-8          SECTION 16.  Subsection (a), Section 361.306, Transportation
 11-9    Code, is amended to read as follows:
11-10          (a)  The authority shall adopt rules, procedures, and
11-11    guidelines governing negotiations to promote fairness, obtain
11-12    private participants in turnpike projects, and promote confidence
11-13    among those participants.  The rules must contain criteria relating
11-14    to the qualifications of the participants and the award of the
11-15    contracts and may authorize the authority to assess a fee for
11-16    reviewing proposals for private involvement in turnpike projects.
11-17          SECTION 17.  Subsections (e) and (f), Section 545.354,
11-18    Transportation Code, are amended to read as follows:
11-19          (e)  [Sections 545.353 and 545.355 to 545.359 do not apply to
11-20    any part of a turnpike project constructed and maintained by the
11-21    authority and covered under Subsection (d) unless a turnpike
11-22    constructed by the authority becomes part of the state highway
11-23    system, in which event the Texas Transportation Commission has the
11-24    sole authority to alter prima facie speed limits on the turnpike
11-25    project.]
11-26          [(f)]  The authority may not:
 12-1                (1)  alter the general rule established by Section
 12-2    545.351(a); or
 12-3                (2)  establish a speed limit of more than 70 miles per
 12-4    hour.
 12-5          (f) [(g)]  The authority, in conducting the engineering and
 12-6    traffic investigation specified by Subsection (a), shall follow the
 12-7    procedure for establishing speed zones adopted by the Texas
 12-8    Department of Transportation.
 12-9          SECTION 18.  Section 621.102, Transportation Code, is amended
12-10    by amending Subsection (a) and adding Subsection (h) to read as
12-11    follows:
12-12          (a)  Except as set forth in Subsection (h), the [The]
12-13    commission may set the maximum gross weight of a vehicle and its
12-14    load, maximum gross weight of a combination of vehicles and loads,
12-15    maximum axle load, or maximum wheel load that may be moved over a
12-16    state highway or a farm or ranch road if the commission finds that
12-17    heavier maximum weight would rapidly deteriorate or destroy the
12-18    road or a bridge or culvert along the road.  A maximum weight or
12-19    load set under this subsection may not exceed the maximum set by
12-20    statute for that weight or load.
12-21          (h)  The Texas Turnpike Authority shall have the authority to
12-22    set the maximum gross weight of a vehicle and its load, the maximum
12-23    gross weight of vehicles and loads, maximum axle load, or maximum
12-24    wheel load that may be moved over a turnpike project as defined in
12-25    Section 361.001, Transportation Code.  The Texas Turnpike Authority
12-26    shall be subject to the same restrictions and shall follow the same
 13-1    procedures as are set forth in this section as being applicable to
 13-2    the commission.
 13-3          SECTION 19.  This Act takes effect September 1, 1999.
 13-4          SECTION 20.  The importance of this legislation and the
 13-5    crowded condition of the calendars in both houses create an
 13-6    emergency and an imperative public necessity that the
 13-7    constitutional rule requiring bills to be read on three several
 13-8    days in each house be suspended, and this rule is hereby suspended.