1-1     By:  Cain                                             S.B. No. 1647
 1-2           (In the Senate - Filed March 12, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on State Affairs;
 1-4     March 29, 1999, reported favorably by the following vote:  Yeas 8,
 1-5     Nays 0; March 29, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the authority of the Texas Turnpike Authority division
 1-9     of the Texas Department of Transportation to manage its affairs, to
1-10     the clarification of certain statutory provisions, and to the
1-11     elimination of inconsistencies within the affected provisions.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subdivison (4), Section 361.001, Transportation
1-14     Code, is amended to read as follows:
1-15                 (4)  "Turnpike project" means a [toll] highway
1-16     constructed, maintained, or operated under this chapter as part of
1-17     the state highway system and any improvement, extension, or
1-18     expansion to the highway and includes:
1-19                       (A)  a facility to relieve traffic congestion and
1-20     promote safety;
1-21                       (B)  a bridge, tunnel, overpass, underpass,
1-22     interchange, entrance plaza, approach, toll house, service road,
1-23     ramp, or service station;
1-24                       (C)  an administration, storage, or other
1-25     building the authority considers necessary to operate the project;
1-26     [and]
1-27                       (D)  property rights, easements, and interests
1-28     the authority acquires to construct or operate the project; and
1-29                       (E)  a parking area or structure, rest stop,
1-30     park, and any other improvement or amenity the authority considers
1-31     necessary, useful, or beneficial for the operation of a turnpike
1-32     project.
1-33           SECTION 2.  Section 361.004, Transportation Code, is amended
1-34     to read as follows:
1-35           Sec. 361.004.  CONSTRUCTION COSTS.  (a)  The cost of
1-36     acquisition, construction, improvement, extension, or expansion of
1-37     a turnpike project under this chapter includes the cost of:
1-38                 (1)  the actual acquisition, construction, improvement,
1-39     extension, or expansion of the project;
1-40                 (2)  acquisition of real property, rights-of-way,
1-41     property rights, easements, and interests;
1-42                 (3)  machinery and equipment;
1-43                 (4)  interest before, during, and for one year after
1-44     construction, improvement, extension, or expansion;
1-45                 (5)  traffic estimates, engineering and legal services,
1-46     plans, specifications, surveys, appraisals, cost and revenue
1-47     estimates, and other expenses necessary or incident to determining
1-48     the feasibility of the construction, improvement, extension, or
1-49     expansion;
1-50                 (6)  necessary or incidental administrative, legal, and
1-51     other expenses;
1-52                 (7)  financing; and
1-53                 (8)  placement of the project in operation and expenses
1-54     related to the initial operation of the turnpike project.
1-55           (b)  Costs attributable to a turnpike project incurred before
1-56     the issuance of bonds may be reimbursed from the proceeds of the
1-57     sale of the bonds.
1-58           SECTION 3.  Subsections (b) through (g), Section 361.031,
1-59     Transportation Code, are amended to read as follows:
1-60           (b)  The authority may perform, procure from other divisions
1-61     of the department with the consent of the department, or procure
1-62     from outside service providers any portion of the services the
1-63     authority requires for:
1-64                 (1)  right-of-way acquisitions;
 2-1                 (2)  roadway finance, design, and construction;
 2-2                 (3)  environmental affairs; [or]
 2-3                 (4)  legal services;
 2-4                 (5)  roadway maintenance;
 2-5                 (6)  toll revenue collection; or
 2-6                 (7)  traffic operations.
 2-7           (c)  [With the approval of the commission, the authority may
 2-8     perform, procure from other divisions of the department with the
 2-9     consent of the department, or procure from outside service
2-10     providers any portion of the services the authority requires for
2-11     roadway maintenance, toll revenue collection, or traffic
2-12     operations.]
2-13           [(d)]  To perform its functions under this chapter, the
2-14     authority may use the facilities and personnel of the department in
2-15     the same manner as other divisions of the department.
2-16           (d) [(e)]  If the comptroller assigns numbers to state
2-17     agencies for accounting purposes, the comptroller shall assign a
2-18     separate agency number to the authority.
2-19           (e) [(f)]  The exercise by the authority of the powers
2-20     conferred by this chapter in the construction, operation, and
2-21     maintenance of a turnpike project is:
2-22                 (1)  in all respects for the benefit of the people of
2-23     this state, for the increase of their commerce and prosperity, and
2-24     for the improvement of their health and living conditions and
2-25     public safety; and
2-26                 (2)  an essential governmental function of the state.
2-27           (f) [(g)]    The commission shall employ a director of the
2-28     authority who serves as the authority's chief administrative
2-29     officer.  The director serves at the pleasure of the commission.
2-30           SECTION 4.  Subsection (b), Section 361.042, Transportation
2-31     Code, is amended to read as follows:
2-32           (b)  The authority may:
2-33                 (1)  construct, maintain, repair, and operate turnpike
2-34     projects in this state;
2-35                 (2)  acquire, hold, and dispose of property in the
2-36     exercise of its powers and the performance of its duties under this
2-37     chapter;
2-38                 (3)  with the approval of the governor and the
2-39     commission, enter into contracts or operating agreements with
2-40     similar authorities or agencies of another state, including a state
2-41     of the United Mexican States;
2-42                 (4)  enter into contracts or agreements necessary or
2-43     incidental to its duties and powers under this chapter;
2-44                 (5)  employ consulting engineers, accountants,
2-45     construction and financial experts, superintendents, managers, and
2-46     other employees and agents the authority considers necessary and
2-47     set their compensation;
2-48                 (6)  employ attorneys to advance or defend legal
2-49     actions pertaining to the division's activities, notwithstanding
2-50     any other law to the contrary, including Section 402.0212,
2-51     Government Code;
2-52                 (7)  receive grants for the construction of a turnpike
2-53     project and receive contributions of money, property, labor, or
2-54     other things of value from any source to be used for the purposes
2-55     for which the grants or contributions are made;
2-56                 (8)  adopt and enforce rules[, if the commission
2-57     concurs,] not inconsistent with this chapter for the use of any
2-58     turnpike project, including without limitation rules establishing
2-59     speed limits and maximum allowable vehicle and load weight limits
2-60     for turnpike projects; [and]
2-61                 (9)  engage in marketing, advertising, and other
2-62     activities to promote the development and use of turnpike projects
2-63     and may enter into contracts or agreements necessary to procure
2-64     marketing, advertising, or other promotional services from outside
2-65     service providers;
2-66                 (10)  form, develop, and utilize Chapter 431
2-67     corporations for the promotion and development of turnpike
2-68     projects; and
2-69                 (11)  do all things necessary or appropriate to carry
 3-1     out the powers expressly granted by this chapter.
 3-2           SECTION 5.  Section 361.131, Transportation Code, is amended
 3-3     to read as follows:
 3-4           Sec. 361.131.  POWERS AND PROCEDURES OF AUTHORITY IN
 3-5     ACQUIRING PROPERTY.  Except as otherwise provided by this chapter,
 3-6     the authority, acting by and through the board, has the same powers
 3-7     and may use the same procedures as the commission or the department
 3-8     in acquiring property.
 3-9           SECTION 6.  Subsections (a) and (c), Section 361.132,
3-10     Transportation Code, are amended to read as follows:
3-11           (a)  The authority [board] may acquire, in the name of the
3-12     state, public or private real property it determines necessary or
3-13     convenient for the construction, expansion, enlargement, extension,
3-14     improvement, or operation of a turnpike project or for otherwise
3-15     carrying out this chapter.
3-16           (c)  The authority [board] may acquire the real property by
3-17     any method, including purchase and condemnation.  The authority
3-18     [board] may purchase public or private real property on the terms
3-19     and at the price the authority [board] and the owner consider
3-20     reasonable.
3-21           SECTION 7.  Subsection (b), Section 361.135, Transportation
3-22     Code, is amended to read as follows:
3-23           (b)  The board, with the concurrence of the commission, may
3-24     condemn real property that the authority determines is:
3-25                 (1)  necessary or appropriate to construct or to
3-26     efficiently operate a turnpike project;
3-27                 (2)  necessary to restore public or private property
3-28     damaged or destroyed, including property necessary or convenient to
3-29     mitigate an environmental effect that directly results from the
3-30     construction, operation, or maintenance of a turnpike project;
3-31                 (3)  necessary for access, approach, service, and
3-32     interchange roads; [or]
3-33                 (4)  necessary to provide proper drainage and ground
3-34     slope for a turnpike project; or
3-35                 (5)  necessary otherwise to carry out this chapter.
3-36           SECTION 8.  Section 361.137, Transportation Code, is amended
3-37     by adding Subsection (f) to read as follows:
3-38           (f)  After a declaration of taking is filed with the
3-39     petition, the case shall proceed as any other case in eminent
3-40     domain according to Chapter 21, Property Code.
3-41           SECTION 9.  Subsection (a), Section 361.141, Transportation
3-42     Code, is amended to read as follows:
3-43           (a)  The authority may not pay compensation for public real
3-44     property, parkways, streets, highways, alleys, or reservations it
3-45     takes, except for:
3-46                 (1)  parks and playgrounds; and
3-47                 (2)  property acquired under restrictions and
3-48     limitations requiring payment of compensation.
3-49           SECTION 10.  Section 361.171, Transportation Code, is amended
3-50     by adding Subsection (g) to read as follows:
3-51           (g)  In addition to other permitted uses, the proceeds of a
3-52     bond issue may be used to pay costs incurred prior to the issuance
3-53     of the bonds, including costs of environmental review, design,
3-54     planning, acquisition of property, relocation assistance,
3-55     construction, and operation.
3-56           SECTION 11.  Subsection (a), Section 361.179, Transportation
3-57     Code, is amended to read as follows:
3-58           (a)  The authority may:
3-59                 (1)  impose tolls for the use of each turnpike project
3-60     and the different parts or sections of each turnpike project; and
3-61                 (2)  notwithstanding anything to the contrary contained
3-62     in Chapter 202, contract with a person for the use of part of a
3-63     turnpike project or lease or sell part of a turnpike project,
3-64     including the right-of-way adjoining the paved portion, for any
3-65     purpose, including placing on the adjoining right-of-way a gas
3-66     station, garage, store, hotel, restaurant, railroad tracks,
3-67     telephone line, telecommunication line, telecommunications
3-68     facilities and equipment, and electric line, and set the terms for
3-69     the use, lease, or sale.
 4-1           SECTION 12.  Subsection (a), Section 361.181, Transportation
 4-2     Code, is amended to read as follows:
 4-3           (a)  Notwithstanding Section 361.179 or any other provision
 4-4     of this chapter, the authority may pay the expenses of studying the
 4-5     cost and feasibility and any other expenses relating to the
 4-6     preparation and issuance of turnpike revenue bonds for the
 4-7     construction of a proposed turnpike project by:
 4-8                 (1)  using available revenue derived from an existing
 4-9     turnpike project;
4-10                 (2)  borrowing money and issuing interest-bearing
4-11     evidences of indebtedness or entering into a loan agreement payable
4-12     out of available revenue anticipated to be derived from the
4-13     operation of an existing turnpike project; [and]
4-14                 (3)  pledging available revenue anticipated to be
4-15     derived from the operation of an existing turnpike project; and
4-16                 (4)  using funds provided by the department for
4-17     feasibility studies undertaken at the request of the commission.
4-18           SECTION 13.  Section 361.182, Transportation Code, is amended
4-19     by adding Subsection (g) to read as follows:
4-20           (g)  The commission may request that the authority conduct a
4-21     feasibility study for any proposed turnpike project.  The expenses
4-22     of any study requested by the commission shall be paid for by the
4-23     department.  If the turnpike project is constructed, the department
4-24     shall be reimbursed for funds paid to the authority from the
4-25     proceeds of turnpike revenue bonds issued for, or other proceeds
4-26     that may be used for, the construction, improvement, extension,
4-27     expansion, or operation of the project.
4-28           SECTION 14.  Subsection (c), Section 361.232, Transportation
4-29     Code, is amended to read as follows:
4-30           (c)  If feasible, the [The] authority shall provide access to
4-31     properties previously abutting [move and replace, with an equal or
4-32     better facility,] a county or other public road that is taken for a
4-33     turnpike project and [affects or severs.  The authority] shall pay
4-34     abutting property owners the expenses or [and] any resulting
4-35     damages for denial of access to the road.
4-36           SECTION 15.  Section 361.234, Transportation Code, is amended
4-37     by adding a new Subsection (d) and redesignating existing
4-38     Subsections (d), (e), and (f) as Subsections (e), (f), and (g) to
4-39     read as follows:
4-40           (d)  The authority may reduce the total costs to be paid by
4-41     the authority under Subsection (b) by 10 percent for each 30-day
4-42     period or portion of a 30-day period by which the relocation
4-43     exceeds the limit specified by the authority.  If an owner or
4-44     operator of a public utility facility does not timely remove or
4-45     relocate as required under Subsection (b), the authority may do so
4-46     at the expense of the public utility.  If the authority determines
4-47     that a delay in relocation is the result of circumstances beyond
4-48     the control of the utility, all reasonable costs shall be paid by
4-49     the authority.
4-50           (e)  Notwithstanding anything in this chapter to the
4-51     contrary, Chapter 228, Acts of the 51st Legislature, Regular
4-52     Session, 1949 (Article 1436a, Vernon's Texas Civil Statutes),
4-53     applies to the erection, construction, maintenance, and operation
4-54     of lines and poles owned by a corporation described by Section 1 of
4-55     that Act over, under, across, on, and along a turnpike project
4-56     constructed by the authority.  The authority has the powers and
4-57     duties delegated to the commission by Chapter 228, Acts of the 51st
4-58     Legislature, Regular Session, 1949 (Article 1436a, Vernon's Texas
4-59     Civil Statutes).
4-60           (f)[(e)]  Notwithstanding anything in this chapter to the
4-61     contrary, the laws of this state applicable to the use of public
4-62     roads, streets, and waters of this state by a telephone and
4-63     telegraph corporation apply to the erection, construction,
4-64     maintenance, location, and operation of a line, pole, or other
4-65     fixture by a telephone and telegraph corporation over, under,
4-66     across, on, and along a turnpike project constructed by the
4-67     authority.
4-68           (g)[(f)]  In this section, "public utility facility" means a
4-69     track, pipe, main, conduit, cable, wire, tower, pole, or other item
 5-1     of equipment or an appliance of a public utility or other person.
 5-2           SECTION 16.  Subsection (a), Section 361.306, Transportation
 5-3     Code, is amended to read as follows:
 5-4           (a)  The authority shall adopt rules, procedures, and
 5-5     guidelines governing negotiations to promote fairness, obtain
 5-6     private participants in turnpike projects, and promote confidence
 5-7     among those participants.  The rules must contain criteria relating
 5-8     to the qualifications of the participants and the award of the
 5-9     contracts and may authorize the authority to assess a fee for
5-10     reviewing proposals for private involvement in turnpike projects.
5-11           SECTION 17.  Subsections (e) and (f), Section 545.354,
5-12     Transportation Code, are amended to read as follows:
5-13           (e)  [Sections 545.353 and 545.355 to 545.359 do not apply to
5-14     any part of a turnpike project constructed and maintained by the
5-15     authority and covered under Subsection (d) unless a turnpike
5-16     constructed by the authority becomes part of the state highway
5-17     system, in which event the Texas Transportation Commission has the
5-18     sole authority to alter prima facie speed limits on the turnpike
5-19     project.]
5-20           [(f)]  The authority may not:
5-21                 (1)  alter the general rule established by Section
5-22     545.351(a); or
5-23                 (2)  establish a speed limit of more than 70 miles per
5-24     hour.
5-25           (f) [(g)]  The authority, in conducting the engineering and
5-26     traffic investigation specified by Subsection (a), shall follow the
5-27     procedure for establishing speed zones adopted by the Texas
5-28     Department of Transportation.
5-29           SECTION 18.  Section 621.102, Transportation Code, is amended
5-30     by amending Subsection (a) and adding Subsection (h) to read as
5-31     follows:
5-32           (a)  Except as set forth in Subsection (h), the [The]
5-33     commission may set the maximum gross weight of a vehicle and its
5-34     load, maximum gross weight of a combination of vehicles and loads,
5-35     maximum axle load, or maximum wheel load that may be moved over a
5-36     state highway or a farm or ranch road if the commission finds that
5-37     heavier maximum weight would rapidly deteriorate or destroy the
5-38     road or a bridge or culvert along the road.  A maximum weight or
5-39     load set under this subsection may not exceed the maximum set by
5-40     statute for that weight or load.
5-41           (h)  The Texas Turnpike Authority shall have the authority to
5-42     set the maximum gross weight of a vehicle and its load, the maximum
5-43     gross weight of vehicles and loads, maximum axle load, or maximum
5-44     wheel load that may be moved over a turnpike project as defined in
5-45     Section 361.001, Transportation Code.  The Texas Turnpike Authority
5-46     shall be subject to the same restrictions and shall follow the same
5-47     procedures as are set forth in this section as being applicable to
5-48     the commission.
5-49           SECTION 19.  This Act takes effect September 1, 1999.
5-50           SECTION 20.  The importance of this legislation and the
5-51     crowded condition of the calendars in both houses create an
5-52     emergency and an imperative public necessity that the
5-53     constitutional rule requiring bills to be read on three several
5-54     days in each house be suspended, and this rule is hereby suspended.
5-55                                  * * * * *