76R16231 DRH-F
By Lindsay S.B. No. 1872
Substitute the following for S.B. No. 1872:
By Alexander C.S.S.B. No. 1872
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the sale of certain toll roads by certain political
1-3 subdivisions.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 284.008(a), Transportation Code, is
1-6 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. Subchapter A, Chapter 284, Transportation Code,
2-6 is amended by adding Section 284.009 to read as follows:
2-7 Sec. 284.009. SALE OF CERTAIN TOLL ROADS PROHIBITED. (a)
2-8 This section applies only to a county with a population of 2.8
2-9 million or more.
2-10 (b) A county may not sell or otherwise transfer a toll road
2-11 project to any other public or private entity without the written
2-12 approval of the commission if the project was built using
2-13 right-of-way any portion of which was acquired by or for the state.
2-14 (c) This section expires January 1, 2002.
2-15 SECTION 3. Subchapter B, Chapter 365, Transportation Code,
2-16 is amended by adding Section 365.016 to read as follows:
2-17 Sec. 365.016. SALE OF CERTAIN TOLL ROADS PROHIBITED. (a)
2-18 This section applies only to a district any portion of which is
2-19 located in a county with a population of 2.8 million or more.
2-20 (b) A district may not sell or otherwise transfer a toll
2-21 road project to any other public or private entity without the
2-22 written approval of the commission if the project was built using
2-23 right-of-way any portion of which was acquired by or for the state.
2-24 (c) This section expires January 1, 2002.
2-25 SECTION 4. The heading to Subchapter H, Chapter 361,
2-26 Transportation Code, is amended to read as follows:
2-27 SUBCHAPTER H. TRANSFER OR ACQUISITION OF TURNPIKE PROJECT
3-1 [TO COUNTY, MUNICIPALITY, REGIONAL TOLLWAY AUTHORITY, OR LOCAL
3-2 GOVERNMENT CORPORATION]
3-3 SECTION 5. Section 361.282(b), Transportation Code, is
3-4 amended to read as follows:
3-5 (b) The authority, the commission, and the governor must
3-6 approve the transfer of a [the] turnpike project by the authority
3-7 as being in the best interests of the state and the entity
3-8 receiving the turnpike project.
3-9 SECTION 6. Subchapter H, Chapter 361, Transportation Code,
3-10 is amended by adding Section 361.284 to read as follows:
3-11 Sec. 361.284. ACQUISITION OF TURNPIKE PROJECT. With the
3-12 approval of the commission, the authority may purchase or otherwise
3-13 acquire a turnpike project from a county, municipality, regional
3-14 tollway authority, or local government corporation created under
3-15 Chapter 431. To the extent possible, the cost of the acquisition
3-16 may be financed in the manner a turnpike project of the authority
3-17 is financed under Subchapter E.
3-18 SECTION 7. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended,
3-23 and that this Act take effect and be in force from and after its
3-24 passage, and it is so enacted.