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 * * * * *