77R16678 JD-F
By Cain, et al. S.B. No. 409
Substitute the following for S.B. No. 409:
By Alexander C.S.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, and to the abolishment of the board of
1-5 directors of that division.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 361.001(4), Transportation Code, is
1-8 amended to read as follows:
1-9 (4) "Turnpike project" means a [toll] highway
1-10 constructed, maintained, or operated under this chapter as part of
1-11 the state highway system and any improvement, extension, or
1-12 expansion to the highway and includes:
1-13 (A) a facility to relieve traffic congestion and
1-14 promote safety;
1-15 (B) a bridge, tunnel, overpass, underpass,
1-16 interchange, entrance plaza, approach, toll house, service road,
1-17 ramp, or service station;
1-18 (C) an administration, storage, or other
1-19 building the authority considers necessary to operate the project;
1-20 [and]
1-21 (D) property rights, easements, and interests
1-22 the authority acquires to construct or operate the project; and
1-23 (E) a parking area or structure, rest stop,
1-24 park, and any other improvement or amenity the authority considers
2-1 necessary, useful, or beneficial for the operation of a turnpike
2-2 project.
2-3 SECTION 2. Section 361.004, Transportation Code, is amended
2-4 to read as follows:
2-5 Sec. 361.004. CONSTRUCTION COSTS. (a) The cost of
2-6 acquisition, construction, improvement, extension, or expansion of
2-7 a turnpike project under this chapter includes the cost of:
2-8 (1) the actual acquisition, construction, improvement,
2-9 extension, or expansion of the project;
2-10 (2) acquisition of real property, rights-of-way,
2-11 property rights, easements, and interests;
2-12 (3) machinery and equipment;
2-13 (4) interest before, during, and for one year after
2-14 construction, improvement, extension, or expansion;
2-15 (5) traffic estimates, engineering and legal services,
2-16 plans, specifications, surveys, appraisals, cost and revenue
2-17 estimates, and other expenses necessary or incident to determining
2-18 the feasibility of the construction, improvement, extension, or
2-19 expansion;
2-20 (6) necessary or incidental administrative, legal, and
2-21 other expenses;
2-22 (7) financing; and
2-23 (8) placement of the project in operation and expenses
2-24 related to the initial operation of the turnpike project.
2-25 (b) Costs attributable to a turnpike project for which bonds
2-26 are issued that are incurred before the issuance of the bonds may
2-27 be reimbursed from the proceeds of the sale of the bonds.
3-1 SECTION 3. Sections 361.031(b)-(g), Transportation Code, are
3-2 amended to read as follows:
3-3 (b) The authority may perform, procure from other divisions
3-4 of the department with the consent of the department, or procure
3-5 from outside service providers any portion of the services the
3-6 authority requires for:
3-7 (1) right-of-way acquisition;
3-8 (2) roadway finance, design, and construction;
3-9 (3) environmental affairs; [or]
3-10 (4) legal services;
3-11 (5) roadway maintenance;
3-12 (6) toll revenue collection; or
3-13 (7) traffic operations.
3-14 (c) [With the approval of the commission, the authority may
3-15 perform, procure from other divisions of the department with the
3-16 consent of the department, or procure from outside service
3-17 providers any portion of the services the authority requires for
3-18 roadway maintenance, toll revenue collection, or traffic
3-19 operations.]
3-20 [(d)] To perform its functions under this chapter, the
3-21 authority may use the facilities and personnel of the department in
3-22 the same manner as other divisions of the department.
3-23 (d) [(e)] If the comptroller assigns numbers to state
3-24 agencies for accounting purposes, the comptroller shall assign a
3-25 separate agency number to the authority.
3-26 (e) [(f)] The exercise by the authority of the powers
3-27 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. Section 361.042(b), Transportation Code, is
4-11 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
4-27 set their compensation;
5-1 (6) employ attorneys to advance or defend legal
5-2 actions pertaining to the division's activities, notwithstanding
5-3 any other law to the contrary, including Section 402.0212,
5-4 Government Code;
5-5 (7) receive grants for the construction of a turnpike
5-6 project and receive contributions of money, property, labor, or
5-7 other things of value from any source to be used for the purposes
5-8 for which the grants or contributions are made;
5-9 (8) adopt and enforce rules[, if the commission
5-10 concurs,] not inconsistent with this chapter for the use of any
5-11 turnpike project, including rules establishing speed limits and
5-12 maximum allowable vehicle and load weight limits for turnpike
5-13 projects; and
5-14 (9) do all things necessary or appropriate to carry
5-15 out the powers expressly granted by this chapter.
5-16 SECTION 5. Section 361.054, Transportation Code, is amended
5-17 to read as follows:
5-18 Sec. 361.054. AUDIT. Notwithstanding any other law to the
5-19 contrary, the [The] authority shall have an independent [a]
5-20 certified public accountant audit the authority's books and
5-21 accounts at least annually. The cost of the audit may be treated
5-22 as part of the cost of construction or operation of a turnpike
5-23 project. This section does not affect the ability of a state
5-24 agency to audit the authority's books and accounts.
5-25 SECTION 6. Section 361.131, Transportation Code, is amended
5-26 to read as follows:
5-27 Sec. 361.131. POWERS AND PROCEDURES OF AUTHORITY IN
6-1 ACQUIRING PROPERTY. Except as otherwise provided by this chapter,
6-2 the authority, acting by and through the board, has the same powers
6-3 and may use the same procedures as the commission or the department
6-4 in acquiring property.
6-5 SECTION 7. Sections 361.132(a) and (c), Transportation Code,
6-6 are amended to read as follows:
6-7 (a) The authority [board] may acquire, in the name of the
6-8 state, public or private real property it determines necessary or
6-9 convenient for the construction, expansion, enlargement, extension,
6-10 improvement, or operation of a turnpike project or for otherwise
6-11 carrying out this chapter.
6-12 (c) The authority [board] may acquire the real property by
6-13 any method, including purchase and condemnation. The authority
6-14 [board] may purchase public or private real property on the terms
6-15 and at the price the authority [board] and the owner consider
6-16 reasonable.
6-17 SECTION 8. Section 361.135(b), Transportation Code, is
6-18 amended to read as follows:
6-19 (b) The board, with the concurrence of the commission, may
6-20 condemn real property that the authority determines is:
6-21 (1) necessary or appropriate to construct or to
6-22 efficiently operate a turnpike project;
6-23 (2) necessary to restore public or private property
6-24 damaged or destroyed, including property necessary or convenient to
6-25 mitigate an environmental effect that directly results from the
6-26 construction, operation, or maintenance of a turnpike project;
6-27 (3) necessary for access, approach, service, and
7-1 interchange roads; [or]
7-2 (4) necessary to provide proper drainage and ground
7-3 slope for a turnpike project; or
7-4 (5) necessary otherwise to carry out this chapter.
7-5 SECTION 9. Section 361.137, Transportation Code, is amended
7-6 by adding Subsection (f) to read as follows:
7-7 (f) After a declaration of taking is filed, the case shall
7-8 proceed as any other case in eminent domain under Chapter 21,
7-9 Property Code.
7-10 SECTION 10. Section 361.141(a), Transportation Code, is
7-11 amended to read as follows:
7-12 (a) The authority may not pay compensation for public real
7-13 property, parkways, streets, highways, alleys, or reservations it
7-14 takes, except for:
7-15 (1) parks and playgrounds; and
7-16 (2) property acquired under restrictions and
7-17 limitations requiring payment of compensation.
7-18 SECTION 11. Section 361.171, Transportation Code, is amended
7-19 by adding Subsection (g) to read as follows:
7-20 (g) In addition to other permitted uses, the proceeds of a
7-21 bond issue may be used to pay costs incurred before the issuance of
7-22 the bonds, including costs of environmental review, design,
7-23 planning, acquisition of property, relocation assistance,
7-24 construction, and operation.
7-25 SECTION 12. Section 361.179(a), Transportation Code, is
7-26 amended to read as follows:
7-27 (a) The authority may:
8-1 (1) impose tolls for the use of each turnpike project
8-2 and the different parts or sections of each turnpike project; and
8-3 (2) notwithstanding anything in Chapter 202 to the
8-4 contrary, contract with a person for the use of part of a turnpike
8-5 project or lease or sell part of a turnpike project, including the
8-6 right-of-way adjoining the paved portion, for any purpose,
8-7 including placing on the adjoining right-of-way a gas station,
8-8 garage, store, hotel, restaurant, railroad tracks, telephone line,
8-9 telecommunication line, telecommunications facilities and
8-10 equipment, and electric line, and set the terms for the use, lease,
8-11 or sale.
8-12 SECTION 13. Section 361.181(a), Transportation Code, is
8-13 amended to read as follows:
8-14 (a) Notwithstanding Section 361.179 or any other provision
8-15 of this chapter to the contrary, the authority may pay the expenses
8-16 of studying the cost and feasibility and any other expenses
8-17 relating to the preparation and issuance of turnpike revenue bonds
8-18 for the construction of a proposed turnpike project by:
8-19 (1) using available revenue derived from an existing
8-20 turnpike project;
8-21 (2) borrowing money and issuing interest-bearing
8-22 evidences of indebtedness or entering into a loan agreement payable
8-23 out of available revenue anticipated to be derived from the
8-24 operation of an existing turnpike project; [and]
8-25 (3) pledging available revenue anticipated to be
8-26 derived from the operation of an existing turnpike project; and
8-27 (4) using money received from the department for
9-1 feasibility studies undertaken at the request of the commission.
9-2 SECTION 14. Section 361.182, Transportation Code, is amended
9-3 by adding Subsection (i) to read as follows:
9-4 (i) The commission may request that the authority conduct a
9-5 feasibility study for any proposed turnpike project. The expenses
9-6 of a study requested by the commission shall be paid for by the
9-7 department. If the turnpike project is constructed, the department
9-8 shall be reimbursed for money paid to the authority from the
9-9 proceeds of turnpike revenue bonds issued for, or other proceeds
9-10 that may be used for, the construction, improvement, extension,
9-11 expansion, or operation of the project.
9-12 SECTION 15. Section 361.232(c), Transportation Code, is
9-13 amended to read as follows:
9-14 (c) If feasible, the [The] authority shall provide access to
9-15 properties previously abutting [move and replace, with an equal or
9-16 better facility,] a county or other public road that is taken for a
9-17 turnpike project and [affects or severs. The authority] shall pay
9-18 abutting property owners the expenses or [and] any resulting
9-19 damages for denial of access to the road.
9-20 SECTION 16. Sections 361.234(d), (e), and (f), Transportation
9-21 Code, are amended to read as follows:
9-22 (d) The authority and the public utility shall have 90 days
9-23 from the date the authority provides written notice to the public
9-24 utility of the need for relocation of utility facilities to reach
9-25 an agreement concerning the period for completion of the
9-26 relocation. The 90-day period may be extended by mutual written
9-27 agreement. If the parties are unable to reach an agreement for the
10-1 period for completion of the relocation, the authority may specify
10-2 a reasonable period. The authority may reduce the total costs to
10-3 be paid by the authority by 10 percent for each 30-day period or
10-4 portion of a 30-day period that the relocation exceeds the period
10-5 specified by agreement between the authority and public utility or
10-6 as reasonably specified by the authority if no agreement is
10-7 reached, unless the public utility's failure to timely perform
10-8 results from a material action or inaction by the authority or from
10-9 conditions that were beyond the reasonable control of the utility.
10-10 If an owner or operator of a public utility facility does not
10-11 timely remove or relocate the facility as required under Subsection
10-12 (b) and the authority relocates the facility, the authority shall
10-13 relocate the facility in a safe manner that complies with
10-14 applicable law and utility construction standards recognized by the
10-15 authority and that minimizes disruption of utility service and
10-16 shall notify the public utility and other appropriate regulatory
10-17 agencies of the relocation. A public utility shall reimburse the
10-18 authority for expenses reasonably incurred for the relocation of a
10-19 public utility facility unless the failure of the public utility to
10-20 timely relocate the facility was the result of circumstances beyond
10-21 the control of the utility, in which case the authority shall pay
10-22 the cost of the relocation.
10-23 (e) Notwithstanding anything in this chapter to the
10-24 contrary:
10-25 (1) Subchapter B, Chapter 181, Utilities Code, applies
10-26 to the laying and maintenance of pipes, mains, conductors, and
10-27 other facilities used for conducting gas by a gas utility described
11-1 in that subchapter through, under, along, across, and over a
11-2 turnpike project constructed by the authority; and
11-3 (2) the authority has the powers and duties assigned
11-4 to the commission by Subchapter B, Chapter 181, Utilities Code.
11-5 (f) Notwithstanding anything in this chapter to the
11-6 contrary, Subchapter C, Chapter 181, Utilities Code, applies to the
11-7 erection, construction, maintenance, and operation of lines and
11-8 poles owned by an electric utility, as that term is defined by
11-9 Section 181.041, Utilities Code, over, under, across, on, and along
11-10 a turnpike project constructed by the authority. The authority has
11-11 the powers and duties delegated to the commission by Subchapter C,
11-12 Chapter 181, Utilities Code.
11-13 (g) [(e)] Notwithstanding anything in this chapter to the
11-14 contrary, the laws of this state applicable to the use of public
11-15 roads, streets, and waters of this state by a telephone and
11-16 telegraph corporation apply to the erection, construction,
11-17 maintenance, location, and operation of a line, pole, or other
11-18 fixture by a telephone and telegraph corporation over, under,
11-19 across, on, and along a turnpike project constructed by the
11-20 authority.
11-21 (h) [(f)] In this section, "public utility facility" means a
11-22 track, pipe, main, conduit, cable, wire, tower, pole, or other item
11-23 of equipment or an appliance of a public utility or other person.
11-24 SECTION 17. Section 361.306(a), Transportation Code, is
11-25 amended to read as follows:
11-26 (a) The authority shall adopt rules, procedures, and
11-27 guidelines governing negotiations to promote fairness, obtain
12-1 private participants in turnpike projects, and promote confidence
12-2 among those participants. The rules must contain criteria relating
12-3 to the qualifications of the participants and the award of the
12-4 contracts and may authorize the authority to impose a fee for
12-5 reviewing proposals for private involvement in a turnpike project.
12-6 SECTION 18. Sections 545.354(e), (f), and (g), Transportation
12-7 Code, are amended to read as follows:
12-8 (e) [Sections 545.353 and 545.355 to 545.359 do not apply to
12-9 any part of a turnpike project constructed and maintained by the
12-10 authority and covered under Subsection (d) unless a turnpike
12-11 constructed by the authority becomes part of the state highway
12-12 system, in which event the Texas Transportation Commission has the
12-13 sole authority to alter prima facie speed limits on the turnpike
12-14 project.]
12-15 [(f)] The authority may not:
12-16 (1) alter the general rule established by Section
12-17 545.351(a); or
12-18 (2) establish a speed limit of more than 70 miles per
12-19 hour.
12-20 (f) [(g)] The authority, in conducting the engineering and
12-21 traffic investigation specified by Subsection (a), shall follow the
12-22 procedure for establishing speed zones adopted by the Texas
12-23 Department of Transportation.
12-24 SECTION 19. Section 621.102, Transportation Code, is amended
12-25 by amending Subsection (a) and adding Subsection (h) to read as
12-26 follows:
12-27 (a) Except as provided by Subsection (h), the [The]
13-1 commission may set the maximum gross weight of a vehicle and its
13-2 load, maximum gross weight of a combination of vehicles and loads,
13-3 maximum axle load, or maximum wheel load that may be moved over a
13-4 state highway or a farm or ranch road if the commission finds that
13-5 heavier maximum weight would rapidly deteriorate or destroy the
13-6 road or a bridge or culvert along the road. A maximum weight or
13-7 load set under this subsection may not exceed the maximum set by
13-8 statute for that weight or load.
13-9 (h) The Texas Turnpike Authority may set, in the same manner
13-10 as the commission under this section, the maximum gross weight of a
13-11 vehicle and its load, the maximum gross weight of a combination of
13-12 vehicles and loads, maximum axle load, or maximum wheel load that
13-13 may be moved over a turnpike project as defined by Section 361.001.
13-14 SECTION 20. (a) The board of directors of the Texas
13-15 Turnpike Authority division of the Texas Department of
13-16 Transportation is abolished. All powers, duties, obligations,
13-17 rights, contracts, leases, records, employees, and real or personal
13-18 property of the board, including those enumerated in this Act, are
13-19 transferred to the Texas Transportation Commission. Unspent and
13-20 unobligated appropriations and other funds under the control of the
13-21 board shall be transferred to the Texas Transportation Commission.
13-22 The board with the agreement of the commission may transfer any
13-23 records, employees, or real or personal property of the board to
13-24 the commission in preparation for the transfer provided for in this
13-25 section.
13-26 (b) The abolishment of the board of directors of the Texas
13-27 Turnpike Authority division of the Texas Department of
14-1 Transportation does not affect the validity of a right, privilege,
14-2 or obligation accrued, a contract or acquisition made, any
14-3 liability incurred, a permit or license issued, a penalty,
14-4 forfeiture, or punishment assessed, a rule adopted, a proceeding,
14-5 investigation, or remedy begun, a decision made, or other action
14-6 taken by or in connection with the board.
14-7 (c) All rules, policies, procedures, and decisions of the
14-8 board of directors of the Texas Turnpike Authority division of the
14-9 Texas Department of Transportation are continued in effect as
14-10 rules, policies, procedures, and decisions of the Texas
14-11 Transportation Commission until superseded by a rule or other
14-12 appropriate action of the commission.
14-13 (d) Any action or proceeding before the board of directors
14-14 of the Texas Turnpike Authority division of the Texas Department of
14-15 Transportation is transferred without change in status to the Texas
14-16 Transportation Commission, and the commission assumes, without a
14-17 change in status, the position of the board in any action or
14-18 proceeding to which the board is a party.
14-19 (e) If S.B. No. 4, 77th Legislature, Regular Session, 2001,
14-20 is enacted and becomes law, all unspent and unobligated
14-21 appropriations and other funds transferred to the Texas
14-22 Transportation Commission under Subsection (a) of this section
14-23 shall be transferred to the Texas Mobility Fund on the effective
14-24 date of S.B. No. 4.
14-25 SECTION 21. This Act takes effect immediately if it receives
14-26 a vote of two-thirds of all the members elected to each house, as
14-27 provided by Section 39, Article III, Texas Constitution. If this
15-1 Act does not receive the vote necessary for immediate effect, this
15-2 Act takes effect September 1, 2001.