By: Cain S.B. No. 1647
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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,
1-3 clarify certain statutory provisions, and eliminate inconsistencies
1-4 within the affected provisions.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subsection (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 improvements, 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,
2-1 park, and other improvement or amenity the authority considers
2-2 necessary, useful, or beneficial for the operation of a turnpike
2-3 project.
2-4 (5) "Regional toll way authority" means a regional
2-5 toll way authority created under Chapter 366.
2-6 SECTION 2. Section 361.004, Transportation Code, is amended
2-7 to read as follows:
2-8 The cost of acquisition, construction, improvement,
2-9 extension, or expansion of a turnpike project under this chapter
2-10 includes the cost of:
2-11 (1) the actual acquisition, construction, improvement,
2-12 extension, or expansion of the project;
2-13 (2) acquisition of real property, rights-of-way,
2-14 property rights, easements, and interests;
2-15 (3) machinery and equipment;
2-16 (4) interest before, during, and for one year after
2-17 construction, improvement, extension, or expansion;
2-18 (5) traffic estimates, engineering and legal services,
2-19 plans, specifications, surveys, appraisals, cost and revenue
2-20 estimates, and other expenses necessary or incident to determining
2-21 the feasibility of the construction, improvement, extension, or
2-22 expansion;
2-23 (6) necessary or incidental administrative, legal and
2-24 other expenses.
2-25 (7) financing; and
2-26 (8) placement of the project in operation and expenses
3-1 related to the initial operation of the turnpike project.
3-2 (b) Costs attributable to a turnpike project incurred before
3-3 the issuance of bonds may be reimbursed from the proceeds of sale
3-4 of the bonds.
3-5 SECTION 3. Section 361.031, Transportation Code, is amended
3-6 by deleting subsection (c) and amending subsections (b), (d), (e),
3-7 (f), and (g) to read as follows:
3-8 (b) The authority may perform, procure from other divisions
3-9 of the department with the consent of the department, or procure
3-10 from outside service providers any portion of the services the
3-11 authority requires for:
3-12 (1) right-of-way acquisitions;
3-13 (2) roadway finance, design, and construction.
3-14 (3) environmental affairs; [or]
3-15 (4) legal services;
3-16 (5) roadway maintenance;
3-17 (6) toll revenue collection; or
3-18 (7) traffic operations.
3-19 [(c) With the approval of the commission, the authority may
3-20 perform, procure from other divisions of the department with the
3-21 consent of the department, or procure from outside service
3-22 providers any portion of the services the authority requires for
3-23 roadway maintenance, toll revenue collection, or traffic
3-24 operations.]
3-25 [(d)](c) to perform its functions under this chapter, the
3-26 authority may use the facilities and personnel of the department in
4-1 the same manner as other divisions of the department.
4-2 [(e)](d) If the comptroller assigns numbers to state agencies
4-3 for accounting purposes, the comptroller shall assign a separate
4-4 agency number to the authority.
4-5 [(f)](e) the exercise by the authority of the powers conferred
4-6 by this chapter in the construction, operation, and maintenance of
4-7 a turnpike project is:
4-8 (1) in all respects for the benefit of the people of
4-9 this state, for the increase of their commerce and prosperity, and
4-10 for the improvement of their health and living conditions and
4-11 public safety; and
4-12 (2) an essential governmental function of the state.
4-13 [(g)](f) the commission shall employ a director of the
4-14 authority who serves as the authority's chief administrative
4-15 officer. The director serves at the pleasure of the commission.
4-16 SECTION 4. Subsection (b) of Section 361.042, Transportation
4-17 Code, is amended to read as follows:
4-18 (b) The authority may:
4-19 (1) construct, maintain, repair, and operate turnpike
4-20 projects in this state;
4-21 (2) acquire, hold, and dispose of property in the
4-22 exercise of its powers and the performance of its duties under this
4-23 chapter;
4-24 (3) with the approval of the governor and the
4-25 commission, enter into contracts or operating agreements with
4-26 similar authorities or agencies of another state, including a state
5-1 of the United Mexican States;
5-2 (4) enter into contracts or agreements necessary or
5-3 incidental to its duties and powers under this chapter;
5-4 (5) employ consulting engineers, accountants,
5-5 construction and financial experts, superintendents, managers, and
5-6 other employees and agents the authority considers necessary and
5-7 set their compensation;
5-8 (6) employ attorneys to advance or defend legal
5-9 actions pertaining to the division's activities, notwithstanding
5-10 any other law to the contrary, including Section 402.0212,
5-11 Government Code.
5-12 (7) receive grants for the construction of a turnpike
5-13 project and receive contributions of money, property, labor, or
5-14 other things of value from any source to be used for the purposes
5-15 for which the grants or contributions are made;
5-16 (8) adopt and enforce rules[, if the commission
5-17 concurs,] not inconsistent with this chapter for the use of any
5-18 turnpike project, including without limitation rules establishing
5-19 speed limits and maximum allowed vehicle and load weight limits for
5-20 turnpike projects; [and]
5-21 (9) engage in marketing, advertising and other
5-22 activities to promote the development and use of turnpike projects,
5-23 and may enter into contracts or agreements necessary to procure
5-24 marketing, advertising or other promotional services from outside
5-25 service providers; and
5-26 (10) form, develop and utilize Chapter 431
6-1 Corporations for the promotion and development of turnpike
6-2 projects; and
6-3 [(9)](11) do all things necessary or appropriate to
6-4 carry out the powers expressly granted by this chapter.
6-5 SECTION 5. Section 361.131, Transportation Code, is amended
6-6 to read as follows:
6-7 Except as otherwise provided by this chapter, the authority,
6-8 acting by and through the board, has the same powers and may use
6-9 the same procedures as the commission or the department in
6-10 acquiring property.
6-11 SECTION 6. Subsections (a) and (c) of Section 361.132,
6-12 Transportation Code, as amended to read as follows:
6-13 (a) The [board] authority may acquire, in the name of the
6-14 state, public or private real property it determines necessary or
6-15 convenient for the construction, expansion, enlargement, extension,
6-16 improvement, or operation of a turnpike project or for otherwise
6-17 carrying out this chapter.
6-18 (c) The [board] authority may acquire the real property by any
6-19 method, including purchase and condemnation. The [board] authority
6-20 may purchase public or private real property on the terms and at
6-21 the price the [board] authority and the owner consider reasonable.
6-22 SECTION 7. Subsection (b) of Section 361.135, Transportation
6-23 Code, is amended to read as follows:
6-24 (b) The board with the concurrence of the commission, may
6-25 condemn real property that the authority determines is:
6-26 (1) necessary or appropriate to construct or to
7-1 efficiently operate a turnpike project;
7-2 (2) necessary to restore public or private property
7-3 damaged or destroyed[;],including property necessary or convenient to
7-4 mitigate an environmental effect that directly results from the
7-5 construction, operation or maintenance of a turnpike project;
7-6 (3) necessary for access, approach, service, and
7-7 interchange roads; [or]
7-8 (4) necessary to provide proper drainage and ground
7-9 slope for a turnpike project; or
7-10 [(4)] (5) necessary otherwise to carry out this chapter.
7-11 SECTION 8. Section 361.137, Transportation Code, is amended
7-12 by adding subsection (f) to read as follows:
7-13 (f) After a declaration of taking is filed with the
7-14 petition, the case shall proceed as any other case in eminent
7-15 domain according to Chapter 21, Property Code.
7-16 SECTION 9. Subsection (a) of Section 361.141, Transportation
7-17 Code, is amended to read as follows:
7-18 (a) the authority may not pay compensation for public real
7-19 property, parkways, streets, highways, alleys or reservations it
7-20 takes, except for:
7-21 (1) parks and playgrounds; and
7-22 (2) property acquired under restrictions and
7-23 limitations requiring payment of compensation.
7-24 SECTION 10. Section 361.171, Transportation Code, is amended
7-25 by adding the following subsection (g):
7-26 (g) In addition to other permitted uses, the proceeds of a
8-1 bond issue may be used to pay costs incurred prior to the issuance
8-2 of the bonds, including costs of environmental review, design,
8-3 planning, acquisition of property, relocation assistance,
8-4 construction, and operation.
8-5 SECTION 11. Subsection (a), Section 361.179, Transportation
8-6 Code, is amended to read as follows:
8-7 (a) The authority may:
8-8 (1) impose tolls for the use of each turnpike project
8-9 and the different parts or sections of each turnpike project; and
8-10 (2) Notwithstanding anything to the contrary contained
8-11 in Ch. 202 of the Transportation Code, contract with a person for
8-12 the use of part of a turnpike project or lease or sell part of a
8-13 turnpike project, including the right-of-way adjoining the paved
8-14 portion, for any purpose, including placing on the adjoining
8-15 right-of-way a gas station, garage, store, hotel, restaurant,
8-16 railroad tracks, telephone line, telecommunication line,
8-17 telecommunications facilities and equipment, and electric line, and
8-18 set the terms for the use, lease, or sale.
8-19 SECTION 12. Subsection (a), Section 361.181, Transportation
8-20 Code, is amended to read as follows:
8-21 (a) Notwithstanding Section 361.179 or any other provision
8-22 of this chapter, the authority may pay the expenses of studying the
8-23 cost and feasibility and any other expenses relating to the
8-24 preparation and issuance of turnpike revenue bonds for the
8-25 construction of a proposed turnpike project by:
8-26 (1) using available revenue derived from an existing
9-1 turnpike project;
9-2 (2) borrowing money and issuing interest-bearing
9-3 evidences of indebtedness or entering into a loan agreement payable
9-4 out of available revenue anticipated to be derived from the
9-5 operation of an existing turnpike project; [and]
9-6 (3) pledging available revenue anticipated to be
9-7 derived from the operation of an existing turnpike project; and
9-8 (4) using funds provided by the department for
9-9 feasibility studies undertaken at the request of the commission.
9-10 SECTION 13. Section 361.182, Transportation Code, is amended
9-11 by adding subsection (g) to read as follows:
9-12 (g) the commission may request that the authority conduct a
9-13 feasibility study for any proposed turnpike project. The expenses
9-14 of any study requested by the commission shall be paid for by the
9-15 department. If the turnpike project is constructed, the department
9-16 shall be reimbursed for funds paid to the authority from the
9-17 proceeds of turnpike revenue bonds issued for, or other proceeds
9-18 that may be used for, the construction, improvement, extension,
9-19 expansion, or operation of the project.
9-20 SECTION 14. Subsection (c), Section 361.232, Transportation
9-21 Code, is amended to read as follows:
9-22 (c) If feasible, the authority shall [move and replace, with
9-23 an equal or better facility,] provide access to properties
9-24 previously abutting a county or other public road that is taken for
9-25 a turnpike project [affects or severs. The authority] and shall pay
9-26 abutting property owners the expenses or [and] any resulting damages
10-1 for denial of access to the road.
10-2 SECTION 15. Subsections (d), (e), (f), and (g) of Section
10-3 361.234, Transportation Code, are amended to read as follows:
10-4 (d) The authority may reduce the total costs to be paid by
10-5 the authority under Subsection (b) by 10 percent for each 30-day
10-6 period or portion of a 30-day period by which the relocation
10-7 exceeds the limit specified by the authority. If an owner or
10-8 operator of a public utility facility does not timely remove or
10-9 relocate as required under Subsection (b), the authority may do so
10-10 at the expense of the public utility. If the authority determines
10-11 that a delay in relocation is the result of circumstances beyond
10-12 the control of the utility, all reasonable costs shall be paid by
10-13 the authority.
10-14 [(d)](e) Notwithstanding anything in this chapter to the
10-15 contrary, Chapter 228, Acts of the 51st Legislature, Regular
10-16 Session, 1949 (Article 1436a, Vernon's Texas Civil Statutes),
10-17 applies to the erection, construction, maintenance, and operation
10-18 of lines and poles owned by a corporation described by Section 1 of
10-19 that Act over, under, across, on, and along a turnpike project
10-20 constructed by the authority. The authority has the powers and
10-21 duties delegated to the commission by Chapter 228, Acts of the 51st
10-22 Legislature, Regular Session, 1949 (Article 1436a, Vernon's Texas
10-23 civil Statutes).
10-24 [(e)](f) Notwithstanding anything in this chapter to the
10-25 contrary, the laws of this state applicable to the use of public
10-26 roads, streets, and waters of this state by a telephone and
11-1 telegraph corporation apply to the erection, construction,
11-2 maintenance, location, and operation of a line, pole, or other
11-3 fixture by a telephone and telegraph corporation over, under,
11-4 across, on, and along a turnpike project constructed by the
11-5 authority.
11-6 [(f)](g) In this section, "public utility facility" means a
11-7 track, pipe, main, conduit, cable, wire, tower, pole, or other item
11-8 of equipment or an appliance of a public utility or other person.
11-9 SECTION 16. Subsection (a) of Section 361.306,
11-10 Transportation Code, is amended to read as follows:
11-11 (a) The authority shall adopt rules, procedures, and
11-12 guidelines governing negotiations to promote fairness, obtain
11-13 private participants in turnpike projects, and promote confidence
11-14 among those participants. The rules must contain criteria relating
11-15 to the qualifications of the participants and the award of the
11-16 contracts, and may authorize the authority to assess a fee for
11-17 reviewing proposals for private involvement in turnpike projects.
11-18 SECTION 17. Section 545.354, Transportation Code, is amended
11-19 by deleting subsection (e) and redesignating former subsections (f)
11-20 and (g) so as to read as follows:
11-21 [(e) Sections 545.353 and 545.355 to 545.359 do not apply to
11-22 any part of a turnpike project constructed and maintained by the
11-23 authority and covered under Subsection (d) unless a turnpike
11-24 constructed by the authority becomes part of the state highway
11-25 system, in which event the Texas Transportation Commission has the
11-26 sole authority to alter prima facie speed limits on the turnpike
12-1 project.]
12-2 (e) [(f)] the authority may not:
12-3 (1) alter the general rule established by Section
12-4 545.351(a); or
12-5 (2) establish a speed limit of more than 70 miles per
12-6 hour.
12-7 (f) [(g)] The authority, in conducting the engineering and
12-8 traffic investigation specified by Subsection (a), shall follow the
12-9 procedure for establishing speed zones adopted by the Texas
12-10 Department of Transportation.
12-11 SECTION 18. Section 621.102, Transportation Code, is amended
12-12 by amending subsection (a) and adding subsection (h) so as to read
12-13 as follows:
12-14 (a) Except as set forth in subsection (h), [The] the
12-15 commission may set the maximum gross weight of a vehicle and its
12-16 load, maximum gross weight of a combination of vehicles and loads,
12-17 maximum axle load, or maximum wheel load that may be moved over a
12-18 state highway or a farm or ranch road if the commission finds that
12-19 heavier maximum weight would rapidly deteriorate or destroy the
12-20 road or a bridge or culvert along the road. A maximum weight or
12-21 load set under this subsection may not exceed the maximum set by
12-22 statute for that weight or load.
12-23 (h) The Texas Turnpike Authority shall have the authority to
12-24 set the maximum gross weight of a vehicle and its load, the maximum
12-25 gross weight of vehicles and loads, maximum axle load, or maximum
12-26 wheel load that may be moved over a turnpike project as defined in
13-1 Transportation Code, Section 361.001. The Texas Turnpike Authority
13-2 shall be subject to the same restrictions and shall follow the same
13-3 procedures as are set forth in this section as being applicable to
13-4 the commission.
13-5 SECTION 19. This Act takes effect September 1, 1999.
13-6 SECTION 20. The importance of this legislation and the
13-7 crowded condition of the calendars in both houses create an
13-8 emergency and an imperative public necessity that the
13-9 constitutional rule requiring bills to be read on three several
13-10 days in each house be suspended, and this rule is hereby suspended.