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.