By: Cain, Shapiro S.B. No. 409
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the powers and duties of the Texas Turnpike Authority
1-3 division of the Texas Department of Transportation, including the
1-4 power of eminent domain.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subdivision (4), Section 361.001, Transportation
1-7 Code, is amended to read as follows:
1-8 (4) "Turnpike project" means a [toll] highway
1-9 constructed, maintained, or operated under this chapter as part of
1-10 the state highway system and any improvement, extension, or
1-11 expansion to the highway and includes:
1-12 (A) a facility to relieve traffic congestion and
1-13 promote safety;
1-14 (B) a bridge, tunnel, overpass, underpass,
1-15 interchange, entrance plaza, approach, toll house, service road,
1-16 ramp, or service station;
1-17 (C) an administration, storage, or other
1-18 building the authority considers necessary to operate the project;
1-19 [and]
1-20 (D) property rights, easements, and interests
1-21 the authority acquires to construct or operate the project; and
1-22 (E) a parking area or structure, rest stop,
1-23 park, and any other improvement or amenity the authority considers
1-24 necessary, useful, or beneficial for the operation of a turnpike
1-25 project.
2-1 SECTION 2. Section 361.004, Transportation Code, is amended
2-2 to read as follows:
2-3 Sec. 361.004. CONSTRUCTION COSTS. (a) The cost of
2-4 acquisition, construction, improvement, extension, or expansion of
2-5 a turnpike project under this chapter includes the cost of:
2-6 (1) the actual acquisition, construction, improvement,
2-7 extension, or expansion of the project;
2-8 (2) acquisition of real property, rights-of-way,
2-9 property rights, easements, and interests;
2-10 (3) machinery and equipment;
2-11 (4) interest before, during, and for one year after
2-12 construction, improvement, extension, or expansion;
2-13 (5) traffic estimates, engineering and legal services,
2-14 plans, specifications, surveys, appraisals, cost and revenue
2-15 estimates, and other expenses necessary or incident to determining
2-16 the feasibility of the construction, improvement, extension, or
2-17 expansion;
2-18 (6) necessary or incidental administrative, legal, and
2-19 other expenses;
2-20 (7) financing; and
2-21 (8) placement of the project in operation and expenses
2-22 related to the initial operation of the turnpike project.
2-23 (b) Costs attributable to a turnpike project for which bonds
2-24 are issued that are incurred before the issuance of the bonds may
2-25 be reimbursed from the proceeds of the sale of the bonds.
2-26 SECTION 3. Subsections (b) through (g), Section 361.031,
3-1 Transportation Code, are amended to read as follows:
3-2 (b) The authority may perform, procure from other divisions
3-3 of the department with the consent of the department, or procure
3-4 from outside service providers any portion of the services the
3-5 authority requires for:
3-6 (1) right-of-way acquisition;
3-7 (2) roadway finance, design, and construction;
3-8 (3) environmental affairs; [or]
3-9 (4) legal services;
3-10 (5) roadway maintenance;
3-11 (6) toll revenue collection; or
3-12 (7) traffic operations.
3-13 (c) [With the approval of the commission, the authority may
3-14 perform, procure from other divisions of the department with the
3-15 consent of the department, or procure from outside service
3-16 providers any portion of the services the authority requires for
3-17 roadway maintenance, toll revenue collection, or traffic
3-18 operations.]
3-19 [(d)] To perform its functions under this chapter, the
3-20 authority may use the facilities and personnel of the department in
3-21 the same manner as other divisions of the department.
3-22 (d) [(e)] If the comptroller assigns numbers to state
3-23 agencies for accounting purposes, the comptroller shall assign a
3-24 separate agency number to the authority.
3-25 (e) [(f)] The exercise by the authority of the powers
3-26 conferred by this chapter in the construction, operation, and
4-1 maintenance of a turnpike project is:
4-2 (1) in all respects for the benefit of the people of
4-3 this state, for the increase of their commerce and prosperity, and
4-4 for the improvement of their health and living conditions and
4-5 public safety; and
4-6 (2) an essential governmental function of the state.
4-7 (f) [(g)] The commission shall employ a director of the
4-8 authority who serves as the authority's chief administrative
4-9 officer. The director serves at the pleasure of the commission.
4-10 SECTION 4. Subsection (b), Section 361.042, Transportation
4-11 Code, is amended to read as follows:
4-12 (b) The authority may:
4-13 (1) construct, maintain, repair, and operate turnpike
4-14 projects in this state;
4-15 (2) acquire, hold, and dispose of property in the
4-16 exercise of its powers and the performance of its duties under this
4-17 chapter;
4-18 (3) with the approval of the governor and the
4-19 commission, enter into contracts or operating agreements with
4-20 similar authorities or agencies of another state, including a state
4-21 of the United Mexican States;
4-22 (4) enter into contracts or agreements necessary or
4-23 incidental to its duties and powers under this chapter;
4-24 (5) employ consulting engineers, accountants,
4-25 construction and financial experts, superintendents, managers, and
4-26 other employees and agents the authority considers necessary and
5-1 set their compensation;
5-2 (6) employ attorneys to advance or defend legal
5-3 actions pertaining to the division's activities, notwithstanding
5-4 any other law to the contrary, including Section 402.0212,
5-5 Government Code;
5-6 (7) receive grants for the construction of a turnpike
5-7 project and receive contributions of money, property, labor, or
5-8 other things of value from any source to be used for the purposes
5-9 for which the grants or contributions are made;
5-10 (8) adopt and enforce rules[, if the commission
5-11 concurs,] not inconsistent with this chapter for the use of any
5-12 turnpike project, including rules establishing speed limits and
5-13 maximum allowable vehicle and load weight limits for turnpike
5-14 projects; [and]
5-15 (9) engage in marketing, advertising, and other
5-16 activities to promote the development and use of turnpike projects
5-17 and may enter into contracts or agreements necessary to procure
5-18 marketing, advertising, or other promotional services from outside
5-19 service providers;
5-20 (10) with the concurrence of the commission, form,
5-21 develop, or utilize a corporation created under Chapter 431 for the
5-22 promotion and development of turnpike projects; and
5-23 (11) do all things necessary or appropriate to carry
5-24 out the powers expressly granted by this chapter.
5-25 SECTION 5. Section 361.054, Transportation Code, is amended
5-26 to read as follows:
6-1 Sec. 361.054. AUDIT. Notwithstanding any other law to the
6-2 contrary, the [The] authority shall have an independent [a]
6-3 certified public accountant audit the authority's books and
6-4 accounts at least annually. The cost of the audit may be treated
6-5 as part of the cost of construction or operation of a turnpike
6-6 project. This section does not affect the ability of a state
6-7 agency to audit the authority's books and accounts.
6-8 SECTION 6. Section 361.131, Transportation Code, is amended
6-9 to read as follows:
6-10 Sec. 361.131. POWERS AND PROCEDURES OF AUTHORITY IN
6-11 ACQUIRING PROPERTY. Except as otherwise provided by this chapter,
6-12 the authority, acting by and through the board, has the same powers
6-13 and may use the same procedures as the commission or the department
6-14 in acquiring property.
6-15 SECTION 7. Subsections (a) and (c), Section 361.132,
6-16 Transportation Code, are amended to read as follows:
6-17 (a) The authority [board] may acquire, in the name of the
6-18 state, public or private real property it determines necessary or
6-19 convenient for the construction, expansion, enlargement, extension,
6-20 improvement, or operation of a turnpike project or for otherwise
6-21 carrying out this chapter.
6-22 (c) The authority [board] may acquire the real property by
6-23 any method, including purchase and condemnation. The authority
6-24 [board] may purchase public or private real property on the terms
6-25 and at the price the authority [board] and the owner consider
6-26 reasonable.
7-1 SECTION 8. Subsection (b), Section 361.135, Transportation
7-2 Code, is amended to read as follows:
7-3 (b) The board, with the concurrence of the commission, may
7-4 condemn real property that the authority determines is:
7-5 (1) necessary or appropriate to construct or to
7-6 efficiently operate a turnpike project;
7-7 (2) necessary to restore public or private property
7-8 damaged or destroyed, including property necessary or convenient to
7-9 mitigate an environmental effect that directly results from the
7-10 construction, operation, or maintenance of a turnpike project;
7-11 (3) necessary for access, approach, service, and
7-12 interchange roads; [or]
7-13 (4) necessary to provide proper drainage and ground
7-14 slope for a turnpike project; or
7-15 (5) necessary otherwise to carry out this chapter.
7-16 SECTION 9. Section 361.137, Transportation Code, is amended
7-17 by adding Subsection (f) to read as follows:
7-18 (f) After a declaration of taking is filed, the case shall
7-19 proceed as any other case in eminent domain under Chapter 21,
7-20 Property Code.
7-21 SECTION 10. Subsection (a), Section 361.141, Transportation
7-22 Code, is amended to read as follows:
7-23 (a) The authority may not pay compensation for public real
7-24 property, parkways, streets, highways, alleys, or reservations it
7-25 takes, except for:
7-26 (1) parks and playgrounds; and
8-1 (2) property acquired under restrictions and
8-2 limitations requiring payment of compensation.
8-3 SECTION 11. Section 361.171, Transportation Code, is amended
8-4 by adding Subsection (g) to read as follows:
8-5 (g) In addition to other permitted uses, the proceeds of a
8-6 bond issue may be used to pay costs incurred before the issuance of
8-7 the bonds, including costs of environmental review, design,
8-8 planning, acquisition of property, relocation assistance,
8-9 construction, and operation.
8-10 SECTION 12. Subsection (a), Section 361.179, Transportation
8-11 Code, is amended to read as follows:
8-12 (a) The authority may:
8-13 (1) impose tolls for the use of each turnpike project
8-14 and the different parts or sections of each turnpike project; and
8-15 (2) notwithstanding anything in Chapter 202 to the
8-16 contrary, contract with a person for the use of part of a turnpike
8-17 project or lease or sell part of a turnpike project, including the
8-18 right-of-way adjoining the paved portion, for any purpose,
8-19 including placing on the adjoining right-of-way a gas station,
8-20 garage, store, hotel, restaurant, railroad tracks, telephone line,
8-21 telecommunication line, telecommunications facilities and
8-22 equipment, and electric line, and set the terms for the use, lease,
8-23 or sale.
8-24 SECTION 13. Subsection (a), Section 361.181, Transportation
8-25 Code, is amended to read as follows:
8-26 (a) Notwithstanding Section 361.179 or any other provision
9-1 of this chapter to the contrary, the authority may pay the expenses
9-2 of studying the cost and feasibility and any other expenses
9-3 relating to the preparation and issuance of turnpike revenue bonds
9-4 for the construction of a proposed turnpike project by:
9-5 (1) using available revenue derived from an existing
9-6 turnpike project;
9-7 (2) borrowing money and issuing interest-bearing
9-8 evidences of indebtedness or entering into a loan agreement payable
9-9 out of available revenue anticipated to be derived from the
9-10 operation of an existing turnpike project; [and]
9-11 (3) pledging available revenue anticipated to be
9-12 derived from the operation of an existing turnpike project; and
9-13 (4) using money received from the department for
9-14 feasibility studies undertaken at the request of the commission.
9-15 SECTION 14. Section 361.182, Transportation Code, is amended
9-16 by adding Subsection (i) to read as follows:
9-17 (i) The commission may request that the authority conduct a
9-18 feasibility study for any proposed turnpike project. The expenses
9-19 of a study requested by the commission shall be paid for by the
9-20 department. If the turnpike project is constructed, the department
9-21 shall be reimbursed for money paid to the authority from the
9-22 proceeds of turnpike revenue bonds issued for, or other proceeds
9-23 that may be used for, the construction, improvement, extension,
9-24 expansion, or operation of the project.
9-25 SECTION 15. Subsection (c), Section 361.232, Transportation
9-26 Code, is amended to read as follows:
10-1 (c) If feasible, the [The] authority shall provide access to
10-2 properties previously abutting [move and replace, with an equal or
10-3 better facility,] a county or other public road that is taken for a
10-4 turnpike project and [affects or severs. The authority] shall pay
10-5 abutting property owners the expenses or [and] any resulting
10-6 damages for denial of access to the road.
10-7 SECTION 16. Section 361.234, Transportation Code, is amended
10-8 by adding Subsections (d) and (e) and redesignating existing
10-9 Subsections (d), (e), and (f) as Subsections (f), (g), and (h) to
10-10 read as follows:
10-11 (d) The authority may reduce the total costs to be paid by
10-12 the authority by 10 percent for each 30-day period or portion of a
10-13 30-day period that the relocation exceeds the limit specified by
10-14 the authority unless the public utility's failure to timely perform
10-15 results from a material action or inaction by the authority or from
10-16 conditions that the authority agrees were beyond the reasonable
10-17 control of the utility. If an owner or operator of a public
10-18 utility facility does not timely remove or relocate the facility as
10-19 required under Subsection (b) and the authority relocates the
10-20 facility, the authority shall relocate the facility in a safe
10-21 manner that complies with applicable law and utility construction
10-22 standards recognized by the authority and that minimizes disruption
10-23 of utility service and shall notify the public utility of the
10-24 relocation. Relocation of a public utility facility by the
10-25 authority is at the expense of the public utility unless the
10-26 authority determines that the failure of the public utility to
11-1 timely relocate the facility was the result of circumstances beyond
11-2 the control of the utility, in which case the authority shall pay
11-3 the cost of the relocation.
11-4 (e) Notwithstanding anything in this chapter to the
11-5 contrary:
11-6 (1) Subchapter B, Chapter 181, Utilities Code, applies
11-7 to the laying and maintenance of pipes, mains, conductors, and
11-8 other facilities used for conducting gas by a gas utility described
11-9 in that subchapter through, under, along, across, and over a
11-10 turnpike project constructed by the authority; and
11-11 (2) the authority has the powers and duties assigned
11-12 to the commission by Subchapter B, Chapter 181, Utilities Code.
11-13 (f) Notwithstanding anything in this chapter to the
11-14 contrary, Subchapter C, Chapter 181, Utilities Code, applies to the
11-15 erection, construction, maintenance, and operation of lines and
11-16 poles owned by an electric utility, as that term is defined by
11-17 Section 181.041, Utilities Code, over, under, across, on, and along
11-18 a turnpike project constructed by the authority. The authority has
11-19 the powers and duties delegated to the commission by Subchapter C,
11-20 Chapter 181, Utilities Code.
11-21 (g) [(e)] Notwithstanding anything in this chapter to the
11-22 contrary, the laws of this state applicable to the use of public
11-23 roads, streets, and waters of this state by a telephone and
11-24 telegraph corporation apply to the erection, construction,
11-25 maintenance, location, and operation of a line, pole, or other
11-26 fixture by a telephone and telegraph corporation over, under,
12-1 across, on, and along a turnpike project constructed by the
12-2 authority.
12-3 (h) [(f)] In this section, "public utility facility" means a
12-4 track, pipe, main, conduit, cable, wire, tower, pole, or other item
12-5 of equipment or an appliance of a public utility or other person.
12-6 SECTION 17. Subsection (a), Section 361.306, Transportation
12-7 Code, is amended to read as follows:
12-8 (a) The authority shall adopt rules, procedures, and
12-9 guidelines governing negotiations to promote fairness, obtain
12-10 private participants in turnpike projects, and promote confidence
12-11 among those participants. The rules must contain criteria relating
12-12 to the qualifications of the participants and the award of the
12-13 contracts and may authorize the authority to impose a fee for
12-14 reviewing proposals for private involvement in a turnpike project.
12-15 SECTION 18. Subsections (e), (f), and (g), Section 545.354,
12-16 Transportation Code, are amended to read as follows:
12-17 (e) [Sections 545.353 and 545.355 to 545.359 do not apply to
12-18 any part of a turnpike project constructed and maintained by the
12-19 authority and covered under Subsection (d) unless a turnpike
12-20 constructed by the authority becomes part of the state highway
12-21 system, in which event the Texas Transportation Commission has the
12-22 sole authority to alter prima facie speed limits on the turnpike
12-23 project.]
12-24 [(f)] The authority may not:
12-25 (1) alter the general rule established by Section
12-26 545.351(a); or
13-1 (2) establish a speed limit of more than 70 miles per
13-2 hour.
13-3 (f) [(g)] The authority, in conducting the engineering and
13-4 traffic investigation specified by Subsection (a), shall follow the
13-5 procedure for establishing speed zones adopted by the Texas
13-6 Department of Transportation.
13-7 SECTION 19. Section 621.102, Transportation Code, is amended
13-8 by amending Subsection (a) and adding Subsection (h) to read as
13-9 follows:
13-10 (a) Except as provided by Subsection (h), the [The]
13-11 commission may set the maximum gross weight of a vehicle and its
13-12 load, maximum gross weight of a combination of vehicles and loads,
13-13 maximum axle load, or maximum wheel load that may be moved over a
13-14 state highway or a farm or ranch road if the commission finds that
13-15 heavier maximum weight would rapidly deteriorate or destroy the
13-16 road or a bridge or culvert along the road. A maximum weight or
13-17 load set under this subsection may not exceed the maximum set by
13-18 statute for that weight or load.
13-19 (h) The Texas Turnpike Authority may set, in the same manner
13-20 as the commission under this section, the maximum gross weight of a
13-21 vehicle and its load, the maximum gross weight of a combination of
13-22 vehicles and loads, maximum axle load, or maximum wheel load that
13-23 may be moved over a turnpike project as defined by Section 361.001.
13-24 SECTION 20. This Act takes effect immediately if it receives
13-25 a vote of two-thirds of all the members elected to each house, as
13-26 provided by Section 39, Article III, Texas Constitution. If this
14-1 Act does not receive the vote necessary for immediate effect, this
14-2 Act takes effect September 1, 2001.