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.