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[and]
1-20 (D) property rights, easements, and interests
1-21 the authority acquires to construct or operate the project;
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; and
2-1 (F) a toll-free facility that is appurtenant to
2-2 and necessary for the efficient operation of a turnpike project,
2-3 including a service road, access road, ramp, interchange, bridge,
2-4 or tunnel.
2-5 SECTION 2. Section 361.004, Transportation Code, is amended
2-6 to read as follows:
2-7 Sec. 361.004. CONSTRUCTION COSTS. (a) The cost of
2-8 acquisition, construction, improvement, extension, or expansion of
2-9 a turnpike project under this chapter includes the cost of:
2-10 (1) the actual acquisition, construction, improvement,
2-11 extension, or expansion of the project;
2-12 (2) acquisition of real property, rights-of-way,
2-13 property rights, easements, and interests;
2-14 (3) machinery and equipment;
2-15 (4) interest before, during, and for one year after
2-16 construction, improvement, extension, or expansion;
2-17 (5) traffic estimates, engineering and legal services,
2-18 plans, specifications, surveys, appraisals, cost and revenue
2-19 estimates, and other expenses necessary or incident to determining
2-20 the feasibility of the construction, improvement, extension, or
2-21 expansion;
2-22 (6) necessary or incidental administrative, legal, and
2-23 other expenses;
2-24 (7) financing; and
2-25 (8) placement of the project in operation and expenses
2-26 related to the initial operation of the turnpike project.
3-1 (b) Costs attributable to a turnpike project for which bonds
3-2 are issued that are incurred before the issuance of the bonds may
3-3 be reimbursed from the proceeds of the sale of the bonds.
3-4 SECTION 3. Subsections (b) through (g), Section 361.031,
3-5 Transportation Code, are amended to read as follows:
3-6 (b) The authority may perform, procure from other divisions
3-7 of the department with the consent of the department, or procure
3-8 from outside service providers any portion of the services the
3-9 authority requires for:
3-10 (1) right-of-way acquisition;
3-11 (2) roadway finance, design, and construction;
3-12 (3) environmental affairs; [or]
3-13 (4) legal services;
3-14 (5) roadway maintenance;
3-15 (6) toll revenue collection; or
3-16 (7) traffic operations.
3-17 (c) [With the approval of the commission, the authority may
3-18 perform, procure from other divisions of the department with the
3-19 consent of the department, or procure from outside service
3-20 providers any portion of the services the authority requires for
3-21 roadway maintenance, toll revenue collection, or traffic
3-22 operations.]
3-23 [(d)] To perform its functions under this chapter, the
3-24 authority may use the facilities and personnel of the department in
3-25 the same manner as other divisions of the department.
3-26 (d) [(e)] If the comptroller assigns numbers to state
4-1 agencies for accounting purposes, the comptroller shall assign a
4-2 separate agency number to the authority.
4-3 (e) [(f)] The exercise by the authority of the powers
4-4 conferred by this chapter in the construction, operation, and
4-5 maintenance of a turnpike project is:
4-6 (1) in all respects for the benefit of the people of
4-7 this state, for the increase of their commerce and prosperity, and
4-8 for the improvement of their health and living conditions and
4-9 public safety; and
4-10 (2) an essential governmental function of the state.
4-11 (f) [(g)] The commission shall employ a director of the
4-12 authority who serves as the authority's chief administrative
4-13 officer. The director serves at the pleasure of the commission.
4-14 SECTION 4. Subsection (b), Section 361.042, Transportation
4-15 Code, is amended to read as follows:
4-16 (b) The authority may:
4-17 (1) construct, maintain, repair, and operate turnpike
4-18 projects in this state;
4-19 (2) acquire, hold, and dispose of property in the
4-20 exercise of its powers and the performance of its duties under this
4-21 chapter;
4-22 (3) with the approval of the governor and the
4-23 commission, enter into contracts or operating agreements with
4-24 similar authorities or agencies of another state, including a state
4-25 of the United Mexican States;
4-26 (4) enter into contracts or agreements necessary or
5-1 incidental to its duties and powers under this chapter;
5-2 (5) employ consulting engineers, accountants,
5-3 construction and financial experts, superintendents, managers, and
5-4 other employees and agents the authority considers necessary and
5-5 set their compensation;
5-6 (6) employ attorneys to advance or defend legal
5-7 actions pertaining to the division's activities, notwithstanding
5-8 any other law to the contrary, including Section 402.0212,
5-9 Government Code;
5-10 (7) receive grants for the construction of a turnpike
5-11 project and receive contributions of money, property, labor, or
5-12 other things of value from any source to be used for the purposes
5-13 for which the grants or contributions are made;
5-14 (8) adopt and enforce rules[, if the commission
5-15 concurs,] not inconsistent with this chapter for the use of any
5-16 turnpike project, including rules establishing speed limits and
5-17 maximum allowable vehicle and load weight limits for turnpike
5-18 projects; [and]
5-19 (9) engage in marketing, advertising, and other
5-20 activities to promote the development and use of turnpike projects
5-21 and may enter into contracts or agreements necessary to procure
5-22 marketing, advertising, or other promotional services from outside
5-23 service providers;
5-24 (10) with the concurrence of the commission, form,
5-25 develop, or utilize a corporation created under Chapter 431 for the
5-26 promotion and development of turnpike projects; and
6-1 (11) do all things necessary or appropriate to carry
6-2 out the powers expressly granted by this chapter.
6-3 SECTION 5. Section 361.054, Transportation Code, is amended
6-4 to read as follows:
6-5 Sec. 361.054. AUDIT. Notwithstanding any other law to the
6-6 contrary, the [The] authority shall have an independent [a]
6-7 certified public accountant audit the authority's books and
6-8 accounts at least annually. The cost of the audit may be treated
6-9 as part of the cost of construction or operation of a turnpike
6-10 project. This section does not affect the ability of a state
6-11 agency to audit the authority's books and accounts.
6-12 SECTION 6. Section 361.131, Transportation Code, is amended
6-13 to read as follows:
6-14 Sec. 361.131. POWERS AND PROCEDURES OF AUTHORITY IN
6-15 ACQUIRING PROPERTY. Except as otherwise provided by this chapter,
6-16 the authority, acting by and through the board, has the same powers
6-17 and may use the same procedures as the commission or the department
6-18 in acquiring property.
6-19 SECTION 7. Subsections (a) and (c), Section 361.132,
6-20 Transportation Code, are amended to read as follows:
6-21 (a) The authority [board] may acquire, in the name of the
6-22 state, public or private real property it determines necessary or
6-23 convenient for the construction, expansion, enlargement, extension,
6-24 improvement, or operation of a turnpike project or for otherwise
6-25 carrying out this chapter.
6-26 (c) The authority [board] may acquire the real property by
7-1 any method, including purchase and condemnation. The authority
7-2 [board] may purchase public or private real property on the terms
7-3 and at the price the authority [board] and the owner consider
7-4 reasonable.
7-5 SECTION 8. Subsection (b), Section 361.135, Transportation
7-6 Code, is amended to read as follows:
7-7 (b) The board, with the concurrence of the commission, may
7-8 condemn real property that the authority determines is:
7-9 (1) necessary or appropriate to construct or to
7-10 efficiently operate a turnpike project;
7-11 (2) necessary to restore public or private property
7-12 damaged or destroyed, including property necessary or convenient to
7-13 mitigate an environmental effect that directly results from the
7-14 construction, operation, or maintenance of a turnpike project;
7-15 (3) necessary for access, approach, service, and
7-16 interchange roads; [or]
7-17 (4) necessary to provide proper drainage and ground
7-18 slope for a turnpike project; or
7-19 (5) necessary otherwise to carry out this chapter.
7-20 SECTION 9. Section 361.137, Transportation Code, is amended
7-21 by adding Subsection (f) to read as follows:
7-22 (f) After a declaration of taking is filed, the case shall
7-23 proceed as any other case in eminent domain under Chapter 21,
7-24 Property Code.
7-25 SECTION 10. Subsection (a), Section 361.141, Transportation
7-26 Code, is amended to read as follows:
8-1 (a) The authority may not pay compensation for public real
8-2 property, parkways, streets, highways, alleys, or reservations it
8-3 takes, except for:
8-4 (1) parks and playgrounds; and
8-5 (2) property acquired under restrictions and
8-6 limitations requiring payment of compensation.
8-7 SECTION 11. Section 361.171, Transportation Code, is amended
8-8 by adding Subsection (g) to read as follows:
8-9 (g) In addition to other permitted uses, the proceeds of a
8-10 bond issue may be used to pay costs incurred before the issuance of
8-11 the bonds, including costs of environmental review, design,
8-12 planning, acquisition of property, relocation assistance,
8-13 construction, and operation.
8-14 SECTION 12. Subsection (a), Section 361.179, Transportation
8-15 Code, is amended to read as follows:
8-16 (a) The authority may:
8-17 (1) impose tolls for the use of each turnpike project
8-18 and the different parts or sections of each turnpike project; and
8-19 (2) notwithstanding anything in Chapter 202 to the
8-20 contrary, contract with a person for the use of part of a turnpike
8-21 project or lease or sell part of a turnpike project, including the
8-22 right-of-way adjoining the paved portion, for any purpose,
8-23 including placing on the adjoining right-of-way a gas station,
8-24 garage, store, hotel, restaurant, railroad tracks, telephone line,
8-25 telecommunication line, telecommunications facilities and
8-26 equipment, and electric line, and set the terms for the use, lease,
9-1 or sale.
9-2 SECTION 13. Subsection (a), Section 361.181, Transportation
9-3 Code, is amended to read as follows:
9-4 (a) Notwithstanding Section 361.179 or any other provision
9-5 of this chapter to the contrary, the authority may pay the expenses
9-6 of studying the cost and feasibility and any other expenses
9-7 relating to the preparation and issuance of turnpike revenue bonds
9-8 for the construction of a proposed turnpike project by:
9-9 (1) using available revenue derived from an existing
9-10 turnpike project;
9-11 (2) borrowing money and issuing interest-bearing
9-12 evidences of indebtedness or entering into a loan agreement payable
9-13 out of available revenue anticipated to be derived from the
9-14 operation of an existing turnpike project; [and]
9-15 (3) pledging available revenue anticipated to be
9-16 derived from the operation of an existing turnpike project; and
9-17 (4) using money received from the department for
9-18 feasibility studies undertaken at the request of the commission.
9-19 SECTION 14. Section 361.182, Transportation Code, is amended
9-20 by adding Subsection (i) to read as follows:
9-21 (i) The commission may request that the authority conduct a
9-22 feasibility study for any proposed turnpike project. The expenses
9-23 of a study requested by the commission shall be paid for by the
9-24 department. If the turnpike project is constructed, the department
9-25 shall be reimbursed for money paid to the authority from the
9-26 proceeds of turnpike revenue bonds issued for, or other proceeds
10-1 that may be used for, the construction, improvement, extension,
10-2 expansion, or operation of the project.
10-3 SECTION 15. Subsection (c), Section 361.232, Transportation
10-4 Code, is amended to read as follows:
10-5 (c) If feasible, the [The] authority shall provide access to
10-6 properties previously abutting [move and replace, with an equal or
10-7 better facility,] a county or other public road that is taken for a
10-8 turnpike project and [affects or severs. The authority] shall pay
10-9 abutting property owners the expenses or [and] any resulting
10-10 damages for denial of access to the road.
10-11 SECTION 16. Subsections (d), (e), and (f), Section 361.234,
10-12 Transportation Code, are amended to read as follows:
10-13 (d) The authority and the public utility shall have 90 days
10-14 from the date the authority provides written notice to the public
10-15 utility of the need for relocation of utility facilities to reach
10-16 an agreement concerning the period for completion of the
10-17 relocation. The 90-day period may be extended by mutual written
10-18 agreement. If the parties are unable to reach an agreement for the
10-19 period for completion of the relocation, the authority may specify
10-20 a reasonable period. The authority may reduce the total costs to
10-21 be paid by the authority by 10 percent for each 30-day period or
10-22 portion of a 30-day period that the relocation exceeds the period
10-23 specified by agreement between the authority and public utility or
10-24 as reasonably specified by the authority if no agreement is
10-25 reached, unless the public utility's failure to timely perform
10-26 results from a material action or inaction by the authority or from
11-1 conditions that were beyond the reasonable control of the utility.
11-2 If an owner or operator of a public utility facility does not
11-3 timely remove or relocate the facility as required under Subsection
11-4 (b) and the authority relocates the facility, the authority shall
11-5 relocate the facility in a safe manner that complies with
11-6 applicable law and utility construction standards recognized by the
11-7 authority and that minimizes disruption of utility service and
11-8 shall notify the public utility and other appropriate regulatory
11-9 agencies of the relocation. A public utility shall reimburse the
11-10 authority for expenses reasonably incurred for the relocation of a
11-11 public utility facility unless the failure of the public utility to
11-12 timely relocate the facility was the result of circumstances beyond
11-13 the control of the utility, in which case the authority shall pay
11-14 the cost of the relocation.
11-15 (e) Notwithstanding anything in this chapter to the
11-16 contrary:
11-17 (1) Subchapter B, Chapter 181, Utilities Code, applies
11-18 to the laying and maintenance of pipes, mains, conductors, and
11-19 other facilities used for conducting gas by a gas utility described
11-20 in that subchapter through, under, along, across, and over a
11-21 turnpike project constructed by the authority; and
11-22 (2) the authority has the powers and duties assigned
11-23 to the commission by Subchapter B, Chapter 181, Utilities Code.
11-24 (f) Notwithstanding anything in this chapter to the
11-25 contrary, Subchapter C, Chapter 181, Utilities Code, applies to the
11-26 erection, construction, maintenance, and operation of lines and
12-1 poles owned by an electric utility, as that term is defined by
12-2 Section 181.041, Utilities Code, over, under, across, on, and along
12-3 a turnpike project constructed by the authority. The authority has
12-4 the powers and duties delegated to the commission by Subchapter C,
12-5 Chapter 181, Utilities Code.
12-6 (g) [(e)] Notwithstanding anything in this chapter to the
12-7 contrary, the laws of this state applicable to the use of public
12-8 roads, streets, and waters of this state by a telephone and
12-9 telegraph corporation apply to the erection, construction,
12-10 maintenance, location, and operation of a line, pole, or other
12-11 fixture by a telephone and telegraph corporation over, under,
12-12 across, on, and along a turnpike project constructed by the
12-13 authority.
12-14 (h) [(f)] In this section, "public utility facility" means a
12-15 track, pipe, main, conduit, cable, wire, tower, pole, or other item
12-16 of equipment or an appliance of a public utility or other person.
12-17 SECTION 17. Subsection (a), Section 361.306, Transportation
12-18 Code, is amended to read as follows:
12-19 (a) The authority shall adopt rules, procedures, and
12-20 guidelines governing negotiations to promote fairness, obtain
12-21 private participants in turnpike projects, and promote confidence
12-22 among those participants. The rules must contain criteria relating
12-23 to the qualifications of the participants and the award of the
12-24 contracts and may authorize the authority to impose a fee for
12-25 reviewing proposals for private involvement in a turnpike project.
12-26 SECTION 18. Subsections (e), (f), and (g), Section 545.354,
13-1 Transportation Code, are amended to read as follows:
13-2 (e) [Sections 545.353 and 545.355 to 545.359 do not apply to
13-3 any part of a turnpike project constructed and maintained by the
13-4 authority and covered under Subsection (d) unless a turnpike
13-5 constructed by the authority becomes part of the state highway
13-6 system, in which event the Texas Transportation Commission has the
13-7 sole authority to alter prima facie speed limits on the turnpike
13-8 project.]
13-9 [(f)] The authority may not:
13-10 (1) alter the general rule established by Section
13-11 545.351(a); or
13-12 (2) establish a speed limit of more than 70 miles per
13-13 hour.
13-14 (f) [(g)] The authority, in conducting the engineering and
13-15 traffic investigation specified by Subsection (a), shall follow the
13-16 procedure for establishing speed zones adopted by the Texas
13-17 Department of Transportation.
13-18 SECTION 19. Section 621.102, Transportation Code, is amended
13-19 by amending Subsection (a) and adding Subsection (h) to read as
13-20 follows:
13-21 (a) Except as provided by Subsection (h), the [The]
13-22 commission may set the maximum gross weight of a vehicle and its
13-23 load, maximum gross weight of a combination of vehicles and loads,
13-24 maximum axle load, or maximum wheel load that may be moved over a
13-25 state highway or a farm or ranch road if the commission finds that
13-26 heavier maximum weight would rapidly deteriorate or destroy the
14-1 road or a bridge or culvert along the road. A maximum weight or
14-2 load set under this subsection may not exceed the maximum set by
14-3 statute for that weight or load.
14-4 (h) The Texas Turnpike Authority may set, in the same manner
14-5 as the commission under this section, the maximum gross weight of a
14-6 vehicle and its load, the maximum gross weight of a combination of
14-7 vehicles and loads, maximum axle load, or maximum wheel load that
14-8 may be moved over a turnpike project as defined by Section 361.001.
14-9 SECTION 20. This Act takes effect immediately if it receives
14-10 a vote of two-thirds of all the members elected to each house, as
14-11 provided by Section 39, Article III, Texas Constitution. If this
14-12 Act does not receive the vote necessary for immediate effect, this
14-13 Act takes effect September 1, 2001.
S.B. No. 409
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 409 passed the Senate on
March 1, 2001, by the following vote: Yeas 30, Nays 0, one present
not voting; May 25, 2001, Senate refused to concur in House
amendments and requested appointment of Conference Committee;
May 25, 2001, House granted request of the Senate; May 27, 2001,
Senate adopted Conference Committee Report by the following vote:
Yeas 30, Nays 0, one present not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 409 passed the House, with
amendments, on May 23, 2001, by the following vote: Yeas 145,
Nays 0, one present not voting; May 25, 2001, House granted request
of the Senate for appointment of Conference Committee;
May 27, 2001, House adopted Conference Committee Report by the
following vote: Yeas 144, Nays 0, one present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor