HBA-KDB, TBM C.S.S.B. 409 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 409 By: Cain Transportation 5/17/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, the Texas Turnpike Authority (TTA) division of the Texas Department of Transportation (TxDOT) has its own enabling statute in the Transportation Code, while the North Texas Tollway Authority, a regional tollway authority, does not. Legislation regarding regional tollway authorities is generally consistent with TTA's enabling legislation, but there are differences. C.S.S.B. 409 amends the enabling legislation of TTA to conform with legislation governing regional tollway authorities and abolishes the board of directors of the TTA division of TxDOT. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency or institution. ANALYSIS C.S.S.B. 409 amends the Transportation Code to broaden the authority of the Texas Turnpike Authority (TTA) to govern turnpike projects (project) to include any highway constructed, maintained, or operated under the provisions relating to TTA, as well as service roads, ramps, parking areas or structures, rest stops, parks, and any other improvement or amenity TTA considers necessary, useful, or beneficial for the operation of a project (Sec. 361.001). The bill modifies provisions relating to the condemnation of and compensation for property, and other powers and duties of TTA (Secs. 361.031, 361.135, and 361.141). The bill requires TTA to have an independent certified public accountant audit TTA's books and accounts at least annually (Sec. 361.054). The bill provides that in acquiring property TTA, acting by and through the board of directors (board), has the same powers and may use the same procedures as the Texas Transportation Commission (commission) or the Texas Department of Transportation (TxDOT) (Secs. 361.131 and 361.132). The bill authorizes TTA to reimburse from the proceeds of a bond issue costs attributable to a turnpike project that are incurred before issuance of the bonds (Secs. 361.004 and 361.171). The bill authorizes the commission to request that TTA conduct a feasibility study for any proposed project. The bill requires that the expenses of a study for any proposed project be paid for by TxDOT. If the project is constructed, TxDOT is required to be reimbursed for money paid to TTA from turnpike revenue bonds or other proceeds that may be used for the construction, improvement, extension, expansion, or operation of the project (361.182). The bill sets forth provisions regarding removal or relocation of a public utility facility located in, on, along, over, or under a turnpike project as required by TTA and sets forth exceptions and penalties for untimely performance (Sec. 361.234). Rules adopted by TTA to govern negotiations on turnpike projects may authorize TTA to impose a fee for reviewing proposals for private involvement in a project (Sec. 361.306). The bill removes the provision that authorizes the commission to alter speed limits imposed by TTA on a turnpike that becomes part of the state highway system (Sec. 545.354). The bill authorizes TTA rather than the commission to set maximum weights of vehicles and loads that may be moved on a turnpike project (Sec. 621.102). The bill abolishes the board of directors (board) of TTA. The bill provides that all powers, duties, obligations, rights, contracts, leases, records, employees, and real or personal property of the board are transferred to the commission. The bill requires unspent and unobligated appropriations and other funds under the control of the board to be transferred to the commission. The bill authorizes the board with the agreement of the commission to transfer any records, employees, or real or personal property of the board to the commission in preparation for the transfer. The bill provides that if legislation relating to the Texas Mobility Fund (fund) is enacted and becomes law, all unspent and unobligated appropriations and other funds transferred to the commission are required to be transferred to the fund on the effective date of such legislation (SECTION 20). EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 409 modifies the original bill by removing provisions authorizing the Texas Turnpike Authority division (TTA) of the Texas Department of Transportation to engage in marketing, advertising, and other activities for the promotion of projects, and with the concurrence of the Texas Transportation Commission (commission) to form, develop, or utilize a corporation created under the Texas Transportation Corporation Act for the promotion and development of projects (Sec. 361.042). The substitute requires TTA and the public utility to have 90 days from the date TTA provides written notice to the public utility of the need for relocation of utility facilities to reach an agreement concerning the period for completion of the relocation (Sec. 361.234). The substitute abolishes the board of directors (board) of TTA and transfers to the commission all powers, duties, obligations, rights, contracts, leases, records, employees, real or personal property, and unspent and unobligated appropriations of the board. The substitute provides that if legislation relating to the Texas Mobility Fund (fund) is enacted and becomes law, all unspent and unobligated appropriations and other funds transferred to the commission are required to be transferred to the fund on the effective date of such legislation (SECTION 20).