1-1 By: Cain, Shapiro S.B. No. 409
1-2 (In the Senate - Filed January 25, 2001; January 29, 2001,
1-3 read first time and referred to Committee on State Affairs;
1-4 February 21, 2001, reported favorably by the following vote: Yeas
1-5 9, Nays 0; February 21, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the powers and duties of the Texas Turnpike Authority
1-9 division of the Texas Department of Transportation, including the
1-10 power of eminent domain.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subdivision (4), Section 361.001, Transportation
1-13 Code, is amended to read as follows:
1-14 (4) "Turnpike project" means a [toll] highway
1-15 constructed, maintained, or operated under this chapter as part of
1-16 the state highway system and any improvement, extension, or
1-17 expansion to the highway and includes:
1-18 (A) a facility to relieve traffic congestion and
1-19 promote safety;
1-20 (B) a bridge, tunnel, overpass, underpass,
1-21 interchange, entrance plaza, approach, toll house, service road,
1-22 ramp, or service station;
1-23 (C) an administration, storage, or other
1-24 building the authority considers necessary to operate the project;
1-25 [and]
1-26 (D) property rights, easements, and interests
1-27 the authority acquires to construct or operate the project; and
1-28 (E) a parking area or structure, rest stop,
1-29 park, and any other improvement or amenity the authority considers
1-30 necessary, useful, or beneficial for the operation of a turnpike
1-31 project.
1-32 SECTION 2. Section 361.004, Transportation Code, is amended
1-33 to read as follows:
1-34 Sec. 361.004. CONSTRUCTION COSTS. (a) The cost of
1-35 acquisition, construction, improvement, extension, or expansion of
1-36 a turnpike project under this chapter includes the cost of:
1-37 (1) the actual acquisition, construction, improvement,
1-38 extension, or expansion of the project;
1-39 (2) acquisition of real property, rights-of-way,
1-40 property rights, easements, and interests;
1-41 (3) machinery and equipment;
1-42 (4) interest before, during, and for one year after
1-43 construction, improvement, extension, or expansion;
1-44 (5) traffic estimates, engineering and legal services,
1-45 plans, specifications, surveys, appraisals, cost and revenue
1-46 estimates, and other expenses necessary or incident to determining
1-47 the feasibility of the construction, improvement, extension, or
1-48 expansion;
1-49 (6) necessary or incidental administrative, legal, and
1-50 other expenses;
1-51 (7) financing; and
1-52 (8) placement of the project in operation and expenses
1-53 related to the initial operation of the turnpike project.
1-54 (b) Costs attributable to a turnpike project for which bonds
1-55 are issued that are incurred before the issuance of the bonds may
1-56 be reimbursed from the proceeds of the sale of the bonds.
1-57 SECTION 3. Subsections (b) through (g), Section 361.031,
1-58 Transportation Code, are amended to read as follows:
1-59 (b) The authority may perform, procure from other divisions
1-60 of the department with the consent of the department, or procure
1-61 from outside service providers any portion of the services the
1-62 authority requires for:
1-63 (1) right-of-way acquisition;
1-64 (2) roadway finance, design, and construction;
2-1 (3) environmental affairs; [or]
2-2 (4) legal services;
2-3 (5) roadway maintenance;
2-4 (6) toll revenue collection; or
2-5 (7) traffic operations.
2-6 (c) [With the approval of the commission, the authority may
2-7 perform, procure from other divisions of the department with the
2-8 consent of the department, or procure from outside service
2-9 providers any portion of the services the authority requires for
2-10 roadway maintenance, toll revenue collection, or traffic
2-11 operations.]
2-12 [(d)] To perform its functions under this chapter, the
2-13 authority may use the facilities and personnel of the department in
2-14 the same manner as other divisions of the department.
2-15 (d) [(e)] If the comptroller assigns numbers to state
2-16 agencies for accounting purposes, the comptroller shall assign a
2-17 separate agency number to the authority.
2-18 (e) [(f)] The exercise by the authority of the powers
2-19 conferred by this chapter in the construction, operation, and
2-20 maintenance of a turnpike project is:
2-21 (1) in all respects for the benefit of the people of
2-22 this state, for the increase of their commerce and prosperity, and
2-23 for the improvement of their health and living conditions and
2-24 public safety; and
2-25 (2) an essential governmental function of the state.
2-26 (f) [(g)] The commission shall employ a director of the
2-27 authority who serves as the authority's chief administrative
2-28 officer. The director serves at the pleasure of the commission.
2-29 SECTION 4. Subsection (b), Section 361.042, Transportation
2-30 Code, is amended to read as follows:
2-31 (b) The authority may:
2-32 (1) construct, maintain, repair, and operate turnpike
2-33 projects in this state;
2-34 (2) acquire, hold, and dispose of property in the
2-35 exercise of its powers and the performance of its duties under this
2-36 chapter;
2-37 (3) with the approval of the governor and the
2-38 commission, enter into contracts or operating agreements with
2-39 similar authorities or agencies of another state, including a state
2-40 of the United Mexican States;
2-41 (4) enter into contracts or agreements necessary or
2-42 incidental to its duties and powers under this chapter;
2-43 (5) employ consulting engineers, accountants,
2-44 construction and financial experts, superintendents, managers, and
2-45 other employees and agents the authority considers necessary and
2-46 set their compensation;
2-47 (6) employ attorneys to advance or defend legal
2-48 actions pertaining to the division's activities, notwithstanding
2-49 any other law to the contrary, including Section 402.0212,
2-50 Government Code;
2-51 (7) receive grants for the construction of a turnpike
2-52 project and receive contributions of money, property, labor, or
2-53 other things of value from any source to be used for the purposes
2-54 for which the grants or contributions are made;
2-55 (8) adopt and enforce rules[, if the commission
2-56 concurs,] not inconsistent with this chapter for the use of any
2-57 turnpike project, including rules establishing speed limits and
2-58 maximum allowable vehicle and load weight limits for turnpike
2-59 projects; [and]
2-60 (9) engage in marketing, advertising, and other
2-61 activities to promote the development and use of turnpike projects
2-62 and may enter into contracts or agreements necessary to procure
2-63 marketing, advertising, or other promotional services from outside
2-64 service providers;
2-65 (10) with the concurrence of the commission, form,
2-66 develop, or utilize a corporation created under Chapter 431 for the
2-67 promotion and development of turnpike projects; and
2-68 (11) do all things necessary or appropriate to carry
2-69 out the powers expressly granted by this chapter.
3-1 SECTION 5. Section 361.054, Transportation Code, is amended
3-2 to read as follows:
3-3 Sec. 361.054. AUDIT. Notwithstanding any other law to the
3-4 contrary, the [The] authority shall have an independent [a]
3-5 certified public accountant audit the authority's books and
3-6 accounts at least annually. The cost of the audit may be treated
3-7 as part of the cost of construction or operation of a turnpike
3-8 project. This section does not affect the ability of a state
3-9 agency to audit the authority's books and accounts.
3-10 SECTION 6. Section 361.131, Transportation Code, is amended
3-11 to read as follows:
3-12 Sec. 361.131. POWERS AND PROCEDURES OF AUTHORITY IN
3-13 ACQUIRING PROPERTY. Except as otherwise provided by this chapter,
3-14 the authority, acting by and through the board, has the same powers
3-15 and may use the same procedures as the commission or the department
3-16 in acquiring property.
3-17 SECTION 7. Subsections (a) and (c), Section 361.132,
3-18 Transportation Code, are amended to read as follows:
3-19 (a) The authority [board] may acquire, in the name of the
3-20 state, public or private real property it determines necessary or
3-21 convenient for the construction, expansion, enlargement, extension,
3-22 improvement, or operation of a turnpike project or for otherwise
3-23 carrying out this chapter.
3-24 (c) The authority [board] may acquire the real property by
3-25 any method, including purchase and condemnation. The authority
3-26 [board] may purchase public or private real property on the terms
3-27 and at the price the authority [board] and the owner consider
3-28 reasonable.
3-29 SECTION 8. Subsection (b), Section 361.135, Transportation
3-30 Code, is amended to read as follows:
3-31 (b) The board, with the concurrence of the commission, may
3-32 condemn real property that the authority determines is:
3-33 (1) necessary or appropriate to construct or to
3-34 efficiently operate a turnpike project;
3-35 (2) necessary to restore public or private property
3-36 damaged or destroyed, including property necessary or convenient to
3-37 mitigate an environmental effect that directly results from the
3-38 construction, operation, or maintenance of a turnpike project;
3-39 (3) necessary for access, approach, service, and
3-40 interchange roads; [or]
3-41 (4) necessary to provide proper drainage and ground
3-42 slope for a turnpike project; or
3-43 (5) necessary otherwise to carry out this chapter.
3-44 SECTION 9. Section 361.137, Transportation Code, is amended
3-45 by adding Subsection (f) to read as follows:
3-46 (f) After a declaration of taking is filed, the case shall
3-47 proceed as any other case in eminent domain under Chapter 21,
3-48 Property Code.
3-49 SECTION 10. Subsection (a), Section 361.141, Transportation
3-50 Code, is amended to read as follows:
3-51 (a) The authority may not pay compensation for public real
3-52 property, parkways, streets, highways, alleys, or reservations it
3-53 takes, except for:
3-54 (1) parks and playgrounds; and
3-55 (2) property acquired under restrictions and
3-56 limitations requiring payment of compensation.
3-57 SECTION 11. Section 361.171, Transportation Code, is amended
3-58 by adding Subsection (g) to read as follows:
3-59 (g) In addition to other permitted uses, the proceeds of a
3-60 bond issue may be used to pay costs incurred before the issuance of
3-61 the bonds, including costs of environmental review, design,
3-62 planning, acquisition of property, relocation assistance,
3-63 construction, and operation.
3-64 SECTION 12. Subsection (a), Section 361.179, Transportation
3-65 Code, is amended to read as follows:
3-66 (a) The authority may:
3-67 (1) impose tolls for the use of each turnpike project
3-68 and the different parts or sections of each turnpike project; and
3-69 (2) notwithstanding anything in Chapter 202 to the
4-1 contrary, contract with a person for the use of part of a turnpike
4-2 project or lease or sell part of a turnpike project, including the
4-3 right-of-way adjoining the paved portion, for any purpose,
4-4 including placing on the adjoining right-of-way a gas station,
4-5 garage, store, hotel, restaurant, railroad tracks, telephone line,
4-6 telecommunication line, telecommunications facilities and
4-7 equipment, and electric line, and set the terms for the use, lease,
4-8 or sale.
4-9 SECTION 13. Subsection (a), Section 361.181, Transportation
4-10 Code, is amended to read as follows:
4-11 (a) Notwithstanding Section 361.179 or any other provision
4-12 of this chapter to the contrary, the authority may pay the expenses
4-13 of studying the cost and feasibility and any other expenses
4-14 relating to the preparation and issuance of turnpike revenue bonds
4-15 for the construction of a proposed turnpike project by:
4-16 (1) using available revenue derived from an existing
4-17 turnpike project;
4-18 (2) borrowing money and issuing interest-bearing
4-19 evidences of indebtedness or entering into a loan agreement payable
4-20 out of available revenue anticipated to be derived from the
4-21 operation of an existing turnpike project; [and]
4-22 (3) pledging available revenue anticipated to be
4-23 derived from the operation of an existing turnpike project; and
4-24 (4) using money received from the department for
4-25 feasibility studies undertaken at the request of the commission.
4-26 SECTION 14. Section 361.182, Transportation Code, is amended
4-27 by adding Subsection (i) to read as follows:
4-28 (i) The commission may request that the authority conduct a
4-29 feasibility study for any proposed turnpike project. The expenses
4-30 of a study requested by the commission shall be paid for by the
4-31 department. If the turnpike project is constructed, the department
4-32 shall be reimbursed for money paid to the authority from the
4-33 proceeds of turnpike revenue bonds issued for, or other proceeds
4-34 that may be used for, the construction, improvement, extension,
4-35 expansion, or operation of the project.
4-36 SECTION 15. Subsection (c), Section 361.232, Transportation
4-37 Code, is amended to read as follows:
4-38 (c) If feasible, the [The] authority shall provide access to
4-39 properties previously abutting [move and replace, with an equal or
4-40 better facility,] a county or other public road that is taken for a
4-41 turnpike project and [affects or severs. The authority] shall pay
4-42 abutting property owners the expenses or [and] any resulting
4-43 damages for denial of access to the road.
4-44 SECTION 16. Section 361.234, Transportation Code, is amended
4-45 by adding Subsections (d) and (e) and redesignating existing
4-46 Subsections (d), (e), and (f) as Subsections (f), (g), and (h) to
4-47 read as follows:
4-48 (d) The authority may reduce the total costs to be paid by
4-49 the authority by 10 percent for each 30-day period or portion of a
4-50 30-day period that the relocation exceeds the limit specified by
4-51 the authority unless the public utility's failure to timely perform
4-52 results from a material action or inaction by the authority or from
4-53 conditions that the authority agrees were beyond the reasonable
4-54 control of the utility. If an owner or operator of a public
4-55 utility facility does not timely remove or relocate the facility as
4-56 required under Subsection (b) and the authority relocates the
4-57 facility, the authority shall relocate the facility in a safe
4-58 manner that complies with applicable law and utility construction
4-59 standards recognized by the authority and that minimizes disruption
4-60 of utility service and shall notify the public utility of the
4-61 relocation. Relocation of a public utility facility by the
4-62 authority is at the expense of the public utility unless the
4-63 authority determines that the failure of the public utility to
4-64 timely relocate the facility was the result of circumstances beyond
4-65 the control of the utility, in which case the authority shall pay
4-66 the cost of the relocation.
4-67 (e) Notwithstanding anything in this chapter to the
4-68 contrary:
4-69 (1) Subchapter B, Chapter 181, Utilities Code, applies
5-1 to the laying and maintenance of pipes, mains, conductors, and
5-2 other facilities used for conducting gas by a gas utility described
5-3 in that subchapter through, under, along, across, and over a
5-4 turnpike project constructed by the authority; and
5-5 (2) the authority has the powers and duties assigned
5-6 to the commission by Subchapter B, Chapter 181, Utilities Code.
5-7 (f) Notwithstanding anything in this chapter to the
5-8 contrary, Subchapter C, Chapter 181, Utilities Code, applies to the
5-9 erection, construction, maintenance, and operation of lines and
5-10 poles owned by an electric utility, as that term is defined by
5-11 Section 181.041, Utilities Code, over, under, across, on, and along
5-12 a turnpike project constructed by the authority. The authority has
5-13 the powers and duties delegated to the commission by Subchapter C,
5-14 Chapter 181, Utilities Code.
5-15 (g) [(e)] Notwithstanding anything in this chapter to the
5-16 contrary, the laws of this state applicable to the use of public
5-17 roads, streets, and waters of this state by a telephone and
5-18 telegraph corporation apply to the erection, construction,
5-19 maintenance, location, and operation of a line, pole, or other
5-20 fixture by a telephone and telegraph corporation over, under,
5-21 across, on, and along a turnpike project constructed by the
5-22 authority.
5-23 (h) [(f)] In this section, "public utility facility" means a
5-24 track, pipe, main, conduit, cable, wire, tower, pole, or other item
5-25 of equipment or an appliance of a public utility or other person.
5-26 SECTION 17. Subsection (a), Section 361.306, Transportation
5-27 Code, is amended to read as follows:
5-28 (a) The authority shall adopt rules, procedures, and
5-29 guidelines governing negotiations to promote fairness, obtain
5-30 private participants in turnpike projects, and promote confidence
5-31 among those participants. The rules must contain criteria relating
5-32 to the qualifications of the participants and the award of the
5-33 contracts and may authorize the authority to impose a fee for
5-34 reviewing proposals for private involvement in a turnpike project.
5-35 SECTION 18. Subsections (e), (f), and (g), Section 545.354,
5-36 Transportation Code, are amended to read as follows:
5-37 (e) [Sections 545.353 and 545.355 to 545.359 do not apply to
5-38 any part of a turnpike project constructed and maintained by the
5-39 authority and covered under Subsection (d) unless a turnpike
5-40 constructed by the authority becomes part of the state highway
5-41 system, in which event the Texas Transportation Commission has the
5-42 sole authority to alter prima facie speed limits on the turnpike
5-43 project.]
5-44 [(f)] The authority may not:
5-45 (1) alter the general rule established by Section
5-46 545.351(a); or
5-47 (2) establish a speed limit of more than 70 miles per
5-48 hour.
5-49 (f) [(g)] The authority, in conducting the engineering and
5-50 traffic investigation specified by Subsection (a), shall follow the
5-51 procedure for establishing speed zones adopted by the Texas
5-52 Department of Transportation.
5-53 SECTION 19. Section 621.102, Transportation Code, is amended
5-54 by amending Subsection (a) and adding Subsection (h) to read as
5-55 follows:
5-56 (a) Except as provided by Subsection (h), the [The]
5-57 commission may set the maximum gross weight of a vehicle and its
5-58 load, maximum gross weight of a combination of vehicles and loads,
5-59 maximum axle load, or maximum wheel load that may be moved over a
5-60 state highway or a farm or ranch road if the commission finds that
5-61 heavier maximum weight would rapidly deteriorate or destroy the
5-62 road or a bridge or culvert along the road. A maximum weight or
5-63 load set under this subsection may not exceed the maximum set by
5-64 statute for that weight or load.
5-65 (h) The Texas Turnpike Authority may set, in the same manner
5-66 as the commission under this section, the maximum gross weight of a
5-67 vehicle and its load, the maximum gross weight of a combination of
5-68 vehicles and loads, maximum axle load, or maximum wheel load that
5-69 may be moved over a turnpike project as defined by Section 361.001.
6-1 SECTION 20. This Act takes effect immediately if it receives
6-2 a vote of two-thirds of all the members elected to each house, as
6-3 provided by Section 39, Article III, Texas Constitution. If this
6-4 Act does not receive the vote necessary for immediate effect, this
6-5 Act takes effect September 1, 2001.
6-6 * * * * *