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.