76R16281 DRH-F
By Cain S.B. No. 1647
Substitute the following for S.B. No. 1647:
By Alexander C.S.S.B. No. 1647
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the powers and duties of the Texas Turnpike Authority
1-3 division of the Texas Department of Transportation.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (a), Section 284.008, Transportation
1-6 Code, is amended to read as follows:
1-7 (a) The commission may:
1-8 (1) provide for and contribute toward the acquisition,
1-9 construction, improvement, operation, maintenance, or pooling of a
1-10 project under this chapter and under terms to which the commission
1-11 and the local government corporation or county agree that are
1-12 consistent with the rights of bondholders or a person operating the
1-13 project under a lease or other contract;
1-14 (2) lease a project under terms:
1-15 (A) to which the county or local government
1-16 corporation acting under this chapter and the commission agree; and
1-17 (B) that are consistent with the bond
1-18 instrument; [and]
1-19 (3) declare any part of a project under this chapter
1-20 to be a part of the state highway system [and operate any part of a
1-21 project as part of the state highway system], to the extent that
1-22 property and contract rights in the project and bonds are not
1-23 affected unfavorably; and
2-1 (4) operate any part of a project under this chapter
2-2 as part of the state highway system or authorize the lease, sale,
2-3 or conveyance of any part of a project to the Texas Turnpike
2-4 Authority division of the department.
2-5 SECTION 2. Subdivision (4), Section 361.001, Transportation
2-6 Code, is amended to read as follows:
2-7 (4) "Turnpike project" means a [toll] highway
2-8 constructed, maintained, or operated under this chapter as part of
2-9 the state highway system and any improvement, extension, or
2-10 expansion to the highway and includes:
2-11 (A) a facility to relieve traffic congestion and
2-12 promote safety;
2-13 (B) a bridge, tunnel, overpass, underpass,
2-14 interchange, entrance plaza, approach, toll house, service road,
2-15 ramp, or service station;
2-16 (C) an administration, storage, or other
2-17 building the authority considers necessary to operate the project;
2-18 [and]
2-19 (D) property rights, easements, and interests
2-20 the authority acquires to construct or operate the project; and
2-21 (E) a parking area or structure, rest stop,
2-22 park, and any other improvement or amenity the authority considers
2-23 necessary, useful, or beneficial for the operation of a turnpike
2-24 project.
2-25 SECTION 3. Section 361.004, Transportation Code, is amended
2-26 to read as follows:
2-27 Sec. 361.004. CONSTRUCTION COSTS. (a) The cost of
3-1 acquisition, construction, improvement, extension, or expansion of
3-2 a turnpike project under this chapter includes the cost of:
3-3 (1) the actual acquisition, construction, improvement,
3-4 extension, or expansion of the project;
3-5 (2) acquisition of real property, rights-of-way,
3-6 property rights, easements, and interests;
3-7 (3) machinery and equipment;
3-8 (4) interest before, during, and for one year after
3-9 construction, improvement, extension, or expansion;
3-10 (5) traffic estimates, engineering and legal services,
3-11 plans, specifications, surveys, appraisals, cost and revenue
3-12 estimates, and other expenses necessary or incident to determining
3-13 the feasibility of the construction, improvement, extension, or
3-14 expansion;
3-15 (6) necessary or incidental administrative, legal, and
3-16 other expenses;
3-17 (7) financing; and
3-18 (8) placement of the project in operation and expenses
3-19 related to the initial operation of the turnpike project.
3-20 (b) Costs attributable to a turnpike project for which bonds
3-21 are issued that are incurred before the issuance of the bonds may
3-22 be reimbursed from the proceeds of the sale of the bonds.
3-23 SECTION 4. Subsections (b) through (g), Section 361.031,
3-24 Transportation Code, are amended to read as follows:
3-25 (b) The authority may perform, procure from other divisions
3-26 of the department with the consent of the department, or procure
3-27 from outside service providers any portion of the services the
4-1 authority requires for:
4-2 (1) right-of-way acquisition;
4-3 (2) roadway finance, design, and construction;
4-4 (3) environmental affairs; [or]
4-5 (4) legal services;
4-6 (5) roadway maintenance;
4-7 (6) toll revenue collection; or
4-8 (7) traffic operations.
4-9 (c) [With the approval of the commission, the authority may
4-10 perform, procure from other divisions of the department with the
4-11 consent of the department, or procure from outside service
4-12 providers any portion of the services the authority requires for
4-13 roadway maintenance, toll revenue collection, or traffic
4-14 operations.]
4-15 [(d)] To perform its functions under this chapter, the
4-16 authority may use the facilities and personnel of the department in
4-17 the same manner as other divisions of the department.
4-18 (d) [(e)] If the comptroller assigns numbers to state
4-19 agencies for accounting purposes, the comptroller shall assign a
4-20 separate agency number to the authority.
4-21 (e) [(f)] The exercise by the authority of the powers
4-22 conferred by this chapter in the construction, operation, and
4-23 maintenance of a turnpike project is:
4-24 (1) in all respects for the benefit of the people of
4-25 this state, for the increase of their commerce and prosperity, and
4-26 for the improvement of their health and living conditions and
4-27 public safety; and
5-1 (2) an essential governmental function of the state.
5-2 (f) [(g)] The commission shall employ a director of the
5-3 authority who serves as the authority's chief administrative
5-4 officer. The director serves at the pleasure of the commission.
5-5 SECTION 5. Subsection (b), Section 361.042, Transportation
5-6 Code, is amended to read as follows:
5-7 (b) The authority may:
5-8 (1) construct, maintain, repair, and operate turnpike
5-9 projects in this state;
5-10 (2) acquire, hold, and dispose of property in the
5-11 exercise of its powers and the performance of its duties under this
5-12 chapter;
5-13 (3) with the approval of the governor and the
5-14 commission, enter into contracts or operating agreements with
5-15 similar authorities or agencies of another state, including a state
5-16 of the United Mexican States;
5-17 (4) enter into contracts or agreements necessary or
5-18 incidental to its duties and powers under this chapter;
5-19 (5) employ consulting engineers, accountants,
5-20 construction and financial experts, superintendents, managers, and
5-21 other employees and agents the authority considers necessary and
5-22 set their compensation;
5-23 (6) employ attorneys to advance or defend legal
5-24 actions pertaining to the division's activities, notwithstanding
5-25 any other law to the contrary, including Section 402.0212,
5-26 Government Code;
5-27 (7) receive grants for the construction of a turnpike
6-1 project and receive contributions of money, property, labor, or
6-2 other things of value from any source to be used for the purposes
6-3 for which the grants or contributions are made;
6-4 (8) adopt and enforce rules[, if the commission
6-5 concurs,] not inconsistent with this chapter for the use of any
6-6 turnpike project, including rules establishing speed limits and
6-7 maximum allowable vehicle and load weight limits for turnpike
6-8 projects; [and]
6-9 (9) engage in marketing, advertising, and other
6-10 activities to promote the development and use of turnpike projects
6-11 and may enter into contracts or agreements necessary to procure
6-12 marketing, advertising, or other promotional services from outside
6-13 service providers;
6-14 (10) form, develop, or utilize a corporation created
6-15 under Chapter 431 for the promotion and development of turnpike
6-16 projects; and
6-17 (11) do all things necessary or appropriate to carry
6-18 out the powers expressly granted by this chapter.
6-19 SECTION 6. Section 361.054, Transportation Code, is amended
6-20 to read as follows:
6-21 Sec. 361.054. AUDIT. Notwithstanding any other law to the
6-22 contrary, the [The] authority shall have an independent [a]
6-23 certified public accountant audit the authority's books and
6-24 accounts at least annually. The cost of the audit may be treated
6-25 as part of the cost of construction or operation of a turnpike
6-26 project. This section does not affect the ability of a state
6-27 agency to audit the authority's books and accounts.
7-1 SECTION 7. Section 361.131, Transportation Code, is amended
7-2 to read as follows:
7-3 Sec. 361.131. POWERS AND PROCEDURES OF AUTHORITY IN
7-4 ACQUIRING PROPERTY. Except as otherwise provided by this chapter,
7-5 the authority, acting by and through the board, has the same powers
7-6 and may use the same procedures as the commission or the department
7-7 in acquiring property.
7-8 SECTION 8. Subsections (a) and (c), Section 361.132,
7-9 Transportation Code, are amended to read as follows:
7-10 (a) The authority [board] may acquire, in the name of the
7-11 state, public or private real property it determines necessary or
7-12 convenient for the construction, expansion, enlargement, extension,
7-13 improvement, or operation of a turnpike project or for otherwise
7-14 carrying out this chapter.
7-15 (c) The authority [board] may acquire the real property by
7-16 any method, including purchase and condemnation. The authority
7-17 [board] may purchase public or private real property on the terms
7-18 and at the price the authority [board] and the owner consider
7-19 reasonable.
7-20 SECTION 9. Subsection (b), Section 361.135, Transportation
7-21 Code, is amended to read as follows:
7-22 (b) The board, with the concurrence of the commission, may
7-23 condemn real property that the authority determines is:
7-24 (1) necessary or appropriate to construct or to
7-25 efficiently operate a turnpike project;
7-26 (2) necessary to restore public or private property
7-27 damaged or destroyed, including property necessary or convenient to
8-1 mitigate an environmental effect that directly results from the
8-2 construction, operation, or maintenance of a turnpike project;
8-3 (3) necessary for access, approach, service, and
8-4 interchange roads; [or]
8-5 (4) necessary to provide proper drainage and ground
8-6 slope for a turnpike project; or
8-7 (5) necessary otherwise to carry out this chapter.
8-8 SECTION 10. Section 361.137, Transportation Code, is amended
8-9 by adding Subsection (f) to read as follows:
8-10 (f) After a declaration of taking is filed, the case shall
8-11 proceed as any other case in eminent domain under Chapter 21,
8-12 Property Code.
8-13 SECTION 11. Subsection (a), Section 361.141, Transportation
8-14 Code, is amended to read as follows:
8-15 (a) The authority may not pay compensation for public real
8-16 property, parkways, streets, highways, alleys, or reservations it
8-17 takes, except for:
8-18 (1) parks and playgrounds; and
8-19 (2) property acquired under restrictions and
8-20 limitations requiring payment of compensation.
8-21 SECTION 12. Section 361.171, Transportation Code, is amended
8-22 by adding Subsection (g) to read as follows:
8-23 (g) In addition to other permitted uses, the proceeds of a
8-24 bond issue may be used to pay costs incurred before the issuance of
8-25 the bonds, including costs of environmental review, design,
8-26 planning, acquisition of property, relocation assistance,
8-27 construction, and operation.
9-1 SECTION 13. Subsection (a), Section 361.179, Transportation
9-2 Code, is amended to read as follows:
9-3 (a) The authority may:
9-4 (1) impose tolls for the use of each turnpike project
9-5 and the different parts or sections of each turnpike project; and
9-6 (2) notwithstanding anything in Chapter 202 to the
9-7 contrary, contract with a person for the use of part of a turnpike
9-8 project or lease or sell part of a turnpike project, including the
9-9 right-of-way adjoining the paved portion, for any purpose,
9-10 including placing on the adjoining right-of-way a gas station,
9-11 garage, store, hotel, restaurant, railroad tracks, telephone line,
9-12 telecommunication line, telecommunications facilities and
9-13 equipment, and electric line, and set the terms for the use, lease,
9-14 or sale.
9-15 SECTION 14. Subsection (a), Section 361.181, Transportation
9-16 Code, is amended to read as follows:
9-17 (a) Notwithstanding Section 361.179 or any other provision
9-18 of this chapter to the contrary, the authority may pay the expenses
9-19 of studying the cost and feasibility and any other expenses
9-20 relating to the preparation and issuance of turnpike revenue bonds
9-21 for the construction of a proposed turnpike project by:
9-22 (1) using available revenue derived from an existing
9-23 turnpike project;
9-24 (2) borrowing money and issuing interest-bearing
9-25 evidences of indebtedness or entering into a loan agreement payable
9-26 out of available revenue anticipated to be derived from the
9-27 operation of an existing turnpike project; [and]
10-1 (3) pledging available revenue anticipated to be
10-2 derived from the operation of an existing turnpike project; and
10-3 (4) using money received from the department for
10-4 feasibility studies undertaken at the request of the commission.
10-5 SECTION 15. Section 361.182, Transportation Code, is amended
10-6 by adding Subsections (g) and (h) to read as follows:
10-7 (g) The commission may request that the authority conduct a
10-8 feasibility study for any proposed turnpike project. The expenses
10-9 of a study requested by the commission shall be paid for by the
10-10 department. If the turnpike project is constructed, the department
10-11 shall be reimbursed for money paid to the authority from the
10-12 proceeds of turnpike revenue bonds issued for, or other proceeds
10-13 that may be used for, the construction, improvement, extension,
10-14 expansion, or operation of the project.
10-15 (h) Notwithstanding any other law, interest and income
10-16 earned on money in the feasibility study fund shall be deposited in
10-17 the fund.
10-18 SECTION 16. Subsection (c), Section 361.232, Transportation
10-19 Code, is amended to read as follows:
10-20 (c) If feasible, the [The] authority shall provide access to
10-21 properties previously abutting [move and replace, with an equal or
10-22 better facility,] a county or other public road that is taken for a
10-23 turnpike project and [affects or severs. The authority] shall pay
10-24 abutting property owners the expenses or [and] any resulting
10-25 damages for denial of access to the road.
10-26 SECTION 17. Section 361.234, Transportation Code, is amended
10-27 by adding Subsections (d) and (e) and redesignating existing
11-1 Subsections (d), (e), and (f) as Subsections (f), (g), and (h) to
11-2 read as follows:
11-3 (d) The authority may reduce the total costs to be paid by
11-4 the authority by 10 percent for each 30-day period or portion of a
11-5 30-day period that the relocation exceeds the limit specified by
11-6 the authority unless the utility's failure to timely perform
11-7 results from a material action or inaction by the authority or
11-8 conditions that the authority agrees were beyond the reasonable
11-9 control of the utility. If an owner or operator of a public
11-10 utility facility does not timely remove or relocate the facility as
11-11 required under Subsection (b) and the authority relocates the
11-12 facility, the authority shall relocate the facility in a safe
11-13 manner that complies with applicable law and utility construction
11-14 standards recognized by the authority and that minimizes disruption
11-15 of utility service and notify the public utility of the relocation.
11-16 Relocation of a public utility facility by the authority is at the
11-17 expense of the public utility unless the authority determines that
11-18 the failure of the public utility to timely relocate the facility
11-19 was the result of circumstances beyond the control of the utility,
11-20 in which case the authority shall pay the cost of the relocation.
11-21 (e) Notwithstanding anything in this chapter to the
11-22 contrary:
11-23 (1) Subchapter B, Chapter 181, Utilities Code, applies
11-24 to the laying and maintenance of pipes, mains, conductors, and
11-25 other facilities used for conducting gas by a gas utility described
11-26 in that subchapter through, under, along, across, and over a
11-27 turnpike project constructed by the authority; and
12-1 (2) the authority has the powers and duties assigned
12-2 to the commission by that subchapter.
12-3 (f) Notwithstanding anything in this chapter to the
12-4 contrary, Subchapter C, Chapter 181, Utilities Code [Chapter 228,
12-5 Acts of the 51st Legislature, Regular Session, 1949 (Article 1436a,
12-6 Vernon's Texas Civil Statutes)], applies to the erection,
12-7 construction, maintenance, and operation of lines and poles owned
12-8 by an electric utility [a corporation] described by Section 181.041
12-9 [1] of that subchapter [Act] over, under, across, on, and along a
12-10 turnpike project constructed by the authority. The authority has
12-11 the powers and duties delegated to the commission by that
12-12 subchapter [Chapter 228, Acts of the 51st Legislature, Regular
12-13 Session, 1949 (Article 1436a, Vernon's Texas Civil Statutes)].
12-14 (g) [(e)] Notwithstanding anything in this chapter to the
12-15 contrary, the laws of this state applicable to the use of public
12-16 roads, streets, and waters of this state by a telephone and
12-17 telegraph corporation apply to the erection, construction,
12-18 maintenance, location, and operation of a line, pole, or other
12-19 fixture by a telephone and telegraph corporation over, under,
12-20 across, on, and along a turnpike project constructed by the
12-21 authority.
12-22 (h) [(f)] In this section, "public utility facility" means a
12-23 track, pipe, main, conduit, cable, wire, tower, pole, or other item
12-24 of equipment or an appliance of a public utility or other person.
12-25 SECTION 18. The heading to Subchapter H, Chapter 361,
12-26 Transportation Code, is amended to read as follows:
12-27 SUBCHAPTER H. TRANSFER OR ACQUISITION OF TURNPIKE PROJECT
13-1 [TO COUNTY, MUNICIPALITY, REGIONAL TOLLWAY AUTHORITY, OR LOCAL
13-2 GOVERNMENT CORPORATION]
13-3 SECTION 19. Subsection (b), Section 361.282, Transportation
13-4 Code, is amended to read as follows:
13-5 (b) The authority, the commission, and the governor must
13-6 approve the transfer of a [the] turnpike project by the authority
13-7 as being in the best interests of the state and the entity
13-8 receiving the turnpike project.
13-9 SECTION 20. Subchapter H, Chapter 361, Transportation Code,
13-10 is amended by adding Section 361.284 to read as follows:
13-11 Sec. 361.284. ACQUISITION OF TURNPIKE PROJECT. With the
13-12 approval of the commission, the authority may purchase or otherwise
13-13 acquire a turnpike project from a county, municipality, regional
13-14 tollway authority, or local government corporation created under
13-15 Chapter 431. To the extent possible, the cost of the acquisition
13-16 may be financed in the manner a turnpike project of the authority
13-17 is financed under Subchapter E.
13-18 SECTION 21. Subsection (a), Section 361.306, Transportation
13-19 Code, is amended to read as follows:
13-20 (a) The authority shall adopt rules, procedures, and
13-21 guidelines governing negotiations to promote fairness, obtain
13-22 private participants in turnpike projects, and promote confidence
13-23 among those participants. The rules must contain criteria relating
13-24 to the qualifications of the participants and the award of the
13-25 contracts and may authorize the authority to impose a fee for
13-26 reviewing proposals for private involvement in a turnpike project.
13-27 SECTION 22. Subsections (e), (f), and (g), Section 545.354,
14-1 Transportation Code, are amended to read as follows:
14-2 (e) [Sections 545.353 and 545.355 to 545.359 do not apply to
14-3 any part of a turnpike project constructed and maintained by the
14-4 authority and covered under Subsection (d) unless a turnpike
14-5 constructed by the authority becomes part of the state highway
14-6 system, in which event the Texas Transportation Commission has the
14-7 sole authority to alter prima facie speed limits on the turnpike
14-8 project.]
14-9 [(f)] The authority may not:
14-10 (1) alter the general rule established by Section
14-11 545.351(a); or
14-12 (2) establish a speed limit of more than 70 miles per
14-13 hour.
14-14 (f) [(g)] The authority, in conducting the engineering and
14-15 traffic investigation specified by Subsection (a), shall follow the
14-16 procedure for establishing speed zones adopted by the Texas
14-17 Department of Transportation.
14-18 SECTION 23. Section 621.102, Transportation Code, is amended
14-19 by amending Subsection (a) and adding Subsection (h) to read as
14-20 follows:
14-21 (a) Except as provided by Subsection (h), the [The]
14-22 commission may set the maximum gross weight of a vehicle and its
14-23 load, maximum gross weight of a combination of vehicles and loads,
14-24 maximum axle load, or maximum wheel load that may be moved over a
14-25 state highway or a farm or ranch road if the commission finds that
14-26 heavier maximum weight would rapidly deteriorate or destroy the
14-27 road or a bridge or culvert along the road. A maximum weight or
15-1 load set under this subsection may not exceed the maximum set by
15-2 statute for that weight or load.
15-3 (h) The Texas Turnpike Authority may set, in the same manner
15-4 as the commission under this section, the maximum gross weight of a
15-5 vehicle and its load, the maximum gross weight of a combination of
15-6 vehicles and loads, maximum axle load, or maximum wheel load that
15-7 may be moved over a turnpike project as defined by Section 361.001.
15-8 SECTION 24. This Act takes effect September 1, 1999.
15-9 SECTION 25. The importance of this legislation and the
15-10 crowded condition of the calendars in both houses create an
15-11 emergency and an imperative public necessity that the
15-12 constitutional rule requiring bills to be read on three several
15-13 days in each house be suspended, and this rule is hereby suspended.